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U. S. DEPARTMENT OF LABOR
JAMES J. DAVIS, Secretary
BUREAU OF LABOR STATISTICS
ETHELBERT STEWART, Commissioner
BULLETIN OF THE UNITED STATES \
BUREAU OF LABOR STATISTICS/
W O R K M E N ’ S I N S U R A N C E AND
'
*
ilO e
COMPENSATION
JO Q
UO
SERIES
WORKMEN’S COMPENSATION LEGISLATION
OF THE UNITED STATES AND CANADA
AS OF JULY 1,1926
DECEMBER, 1926
WASHINGTON
GOVERNMENT PRINTING OFFICE
1926
ACKNOWLEDGMENT
The commissioner desires to acknowledge the services of Mr.
Lindley D. Clark, a member of the bureau staff, who had entire
charge in the preparation of this report.
CONTENTS
1926:
Workmen’s compensation legislation of tlie United States and Canada,
Introduction____________________________________________________
1,2
Part I.—Workmen’s compensation laws of the United States:
Introduction------------------------------------------------------------------------------3,4
Progress of legislation__________________________________________
4-8
Types of laws---------------------------------------------------------------------------8-11
Analysis of the principal features <:f the laws_____________________ 12-51)
Alabama___________________________________________________
12
Alaska_____________________________________________________
13
Arizona____________________________________________________
14
California__________________________________________________
15
Colorado___________________________________________________
16
Connecticut_________________________________________________
37
Delaware-----------------------------------------------------------------------------18
District of Columbia________________________________________
19
Georgia------------------------------------------------------------------------------20
Hawaii_____________________________________________________
21
Idaho______________________________________________________
22
Illinois_____________________________________________________
23
Indiana____________________________________________________
24
Iowa_______________________________________________________
25
Kan -as--------------------------------------------------------------------------------26
Kentucky___________________________________________________
27
Lousiana_________________________ _________________________
28
Maine______________________________________________________
29
Maryland___________________________________________________
80
Massachusetts______________________________________________
81
Michigan___________________________________________________
82
Minnesota__________________________________________________
33
Missouri___________ 1______________________________________
34
Montana-----------------------------------------------------------------------------35
Nebraska___________________________________________________
8f>
Nevada_____________________________________________________
37
N>w Hampshire____________________________________________
3K
New Jersey_________________________________________________
31)
New Mexico------------------------------------------------------------------------40
New York__________________________________________________
41
North Dakota______________________________________________
42
Ohio_______________________________________________________
43
Oklahoma__________________________________________________
44
Oregon_____________________________________________________
45
Pennsylvania-----------------------------------------------------------------------46
Porto Rico_________________________________________________
47
Rhode Island_______________________________________________
48
South Dakota______________________________________________
*49
Tennessee__________________________________________________
50
Texas______________________________________________________
51
Utah_______________________________________________________
Vermont___________________________________________________
5:>
Virginia____________________________________________________
54
Washington________________________________________________
55
West Virginia______________________________________________
56
Wisconsin__________________________________________________
57
Wyoming___________________________________________________
5S
United States—Civil employees---------------------------------------------59
hi
CONTENTS
11.—Workmen’s compensation laws of the United States—Contd.
Comparison of compensation and insurance systems_____________
60-72
Scope or coverage-------------------------------------------------------------61-63
Hazardous employments----------------------------------------------61
Numerical exemptions-------------------------------------------------61,62
Agricultural and domestic service______________________
62
Public employment____________________________________
62
Other exclusions---------------------------------------------------------- 62-63
Occupational diseases_____________________________________
63
Election__________________________________________________
63
Suits for damages________________________________________
63,64
Waiting time-------------------------------------------------------------------64
Compensation scale----------------------------------------------------------65-69
Per cent of wages____________________________________ _
65
Maximum time and amount----------------------------------------65-67
Weekly maximum and minimum_______________________
67,68
Partial disability_____________________________________
68,69
Medical beneiits---------------------------------------------------------------69,70
Administration and settlement of claims____________________
70
Accident reporting and prevention__________________________
70,71
Nonresident alien dependents______________________________
71,72
Text of workmen’s compensation laws of the United States---------- 73-582
Alabama-------------------------------------------------------------------------73-85
Alaska-----------------------------------------------------------------------------86-91
Arizona__________________________________________________ 92-304
California________________________________________________ 105-120
Colorado_________________________________________________ 121-136
Connecticut_______________________________________________ 137-145
Delaware________________________________________________ 146-155
District of Columbia-------------------------------------------------------- *
155
Georgia---------------------------------------------------------------------------- 156-165
Hawaii___________________________________________________166-173
Idaho________________ ___________________________________ 174-184
Illinois___________________________________________________ 185-196
Indiana__________________________________________________ 197-206
Iowa____________________________________________________ 207-216
Kansas___________________________________________________ 217-225
Kentucky_________________________________________________ _ 226-238
Louisiana___________________________ ____________________ 239-248
Maine____________________________________________________ 249-257
Maryland------------------------------------------------------------------------- 258-271
Massachusetts____________________________________________ 272-278
Michigan_________________________________________________ 279-288
Minnesota________________________________________________ 289-305
Missouri_________________________________________________ 306-317
Montana_________________________________________________ 318-334
Nebraska_________________________________________________ 335-343
Nevada___________________________________________________ 344-353
New Hampshire__________________________________________ 354-357
New Jersey_______________________________________________ 358-367
New Mexico______________________________________________ 368-376
New York________________________________________________ 377-^392
North Dakota____________________________________________ 393-399
Ohio_____________________________________________________ 400-413
Oklahoma________________________________________________ 414-422
Oregon___________________________________________________ 423-439
Pennsylvania_____________________________________________ 440-449
Philippine Islands________________________________________
450
Porlo R ico_______________________________________________ 451-457
Rhode Island_____________________________________________ 458-465
South Dakota____________________________________________ 466-474
Tennessee________________________________________________ 475-485
Texas____________________________________________________ 486-496
Utah_____________________________________________________ 497-506
Vermont__________________________________________________ 507-514
Virginia__________________________________________________ 515-524
Washington______________________________________________ 525-641
CONTENTS
V
Part I.—Workmen’s compensation laws of the United States—Contd.
Text of workmen’s compensation laws of the United States—Contd.
Fage
West Virginia------------------------------------------------------------------- 542-550
Wisconsin------------------------------------------------------------------------- 551-565
Wyoming-------------------------------------------------------------------------- 566-574
United States----- ------------------------------------------------------------- 575-582
Part II.—Workmen’s compensation laws of Canada:
Progress of legislation_________________________________________
583
Canadian and United States laws compared-------------------------------- 583-585
Analysis of the principal features of the laws----------------------------- 586-593
Alberta___________________________________________________
586
British Columbia__________________________________________
587
Manitoba-------------------------------------------------------------------------588
New Brunswick----------------------------------------------------------------589
Nova Scotia______________________________________________
590
Ontario----------------------------------------------------------------------------591
Quebec----------1-----------------------------------------------------------------592
Yukon Territory__________________________________________
593
Comparison of compensation and insurance systems_____________ 594-597
Scope or coverage_________________________________________
594
Occupational diseases----------------------------------------------------- - 594,595
Waiting time_____________________________________________
595
Compensation scale_______________________________________ 595,596
Administration and settlement of claims------------------------------597
Accident reporting and prevention---------------------------------------597
Nonresident alien dependents______________________________
597
Text: of workmen's compensation laws of Canada----------------------- 598-674
Alberta___________________________________________________ 598-608
British Columbia__________________________________________ 608-617
Manitoba-------------------------------------------------------------------------- 617-629
New Brunswick___________________________________________ 629-637
Nova Scotia______________________________________________ 637-648
Ontario___________________________________________________ 649-064
Quebec___________________________________________________ 664-669
Yukon Territory__________________________________________ 669-673
Dominion of Canada---------------------------------------------------------- 673,674
BULLETIN OF THE
U. S. BUREAU OF LABOR STATISTICS
n o . 423
WASHINGTON
D ecem b er, mm
WORKMEN’S COMPENSATION LEGISLATION OF THE UNITED STATES
AND CANADA AS OF JULY 1, 1926
INTRODUCTION
The Fourth Special Report of the Commissioner o f 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, Ger
many in 1884 and Austria in 1887; the third country—Norway—
not following until 1894. In the other countries discussed in the ap
pendix 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
legislation providing for workmen’s compensation for industrial ac
cidents in Europe and throughout the world has been extremely
rapid; in fact, it may be doubted whether any other subject of labor
legislation has ever made such progress or gained such general
acceptance for its principles in so brief a period. At the present
time some form of workmen’s compensation for industrial acci
dents is practically universal, and while the various enactments show
considerable variations in the industries covered, the amount of com
pensation provided, and the methods by which compensation pay
ments are secured, all 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
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.
1 Sec t<*xl and footnotes on p. 3 for other bulletins on the subject of workmen’s
compensation.
1
2
w o r k m e n ’ s c o m p e n s a t io n le g is la tio n
Foreign countries, too, have been progressive in the same field,
i>ome 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
necessity 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, anil also because of
the closer community of "interests, the present volume is limited to a
presentation of the laws of the United States and of Canada.
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. The complete establishment of the constitution
ality of compensation laws on the one hand and the great volume to
which decisions by the courts and rulings of boards and commissions
have grown on the other, cause a practical omission of this por
tion or previous bulletins. The abridgment of certain portions of
the laws has also seemed feasible and desirable, especially those
parts that relate to procedure, inasmuch as interest centers mainly
on the benefit features of the acts. Therefore the present volume
will set forth in analytic form the main provisions of the laws, by
the aid of comparable statements in tables and charts, and the latest
text, abridged in part, as amended to the end of June, 1926.
PART I.— WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES
INTRODUCTION
The first account of the action of the States of the Union and o f
agencies interested in compensation legislation appeared as an
article of 40 pages in Bulletin No. 90,2 September 1, 1910. Legisla
tion bills, etc., of 1911 received attention in an article appearing in
Bulletin No. 92/* Subsequent accounts and special analytical studies
have been given in separate bulletins.4
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 WERE APPOINTED AND IN WHICH COM
PENSATION LAWS WERE ENACTED, BY YEARS, TO JUNE 30, 1920
State, etc.
Year
com
mission
was ap
pointed
1915
Alabama.... . . . . . . . . . . . . . . . . .
Alaska......................... . . . . . . .
Arizona . . . . . . . . . . . . . . . . . . . . . .
1919
Arkansas__. . . . . . . . . . . . . . . . . .
California__ . . . . . . . . . . . . . . . . .
1911
Colorado____. . . . . . . . . . . ____
1907
Connecticut___. . . . . . ______
1911
Delaware . . . . . . . . . . . . . . . . . . . .
District of Columbia*_____ G e o r g ia .......................
Hawaii. . . . . . . . . . . . . - - - - - - - - - Idaho . . . . . . . . . . . . . . . . . . . . . __
1905
Illinois....................................
Indiana______ . . . __ _ _ _ _ 1913
1911
Iowa . . . . . . . . . . . . . . . . . . . . . . .
Kansas___. . . . . . . . . _________
Kentucky............................... * 1915
1912
_________________
Louisiana
Maine________ . . . ______ __
M a ry la n d .............—. . . . . *1913
1903
Massachusetts . . ................
1911
Michigan . . . . . . . . . . . . . . . . . . .
Minnesota_______ ________ M909
Missouri
...........................
1910
Monl&n&._. . . . . . . . . . . . . . . . . . *1910
Year
compen
sation
law was
enacted
1919
1915
1912
’ "" m i
1915
1913
1917
1919
1920
1915
1917
1911
1915
1913
1911
/ «1914
\ 1916
1914
1915
1912
1911
1912
1913
•1919
/ <1909
\ 1915
State, etc.
Year
Year
com
compen
mission
sation
was ap law was
pointed enacted
N e b r a s k a .....................
1911
Nevada___ ______ . . . ______
New Hampshire.... . . . . . . . . . .
New Jersey..... . . . . . . . . . . . . . .
1910
New Mexico______ ____ ____
New York..... ........................
1909
1911
North Dakota_____________
Ohio.......................................
1910
Oklahoma_____ . . . ________
Oregon______ . . . . . . . . . . . . . . . *1911
1911
Pennsylvania____ _________
Philippine Islands__________
1913
Porto Rico.............................
Rhode Island______________
South Dakota__ ___________
1913
Tennessee________________
1911
Utah.......................................
1915
1913
I V e r m o n t .................____
1916
1 Virginia..................................
W a s h in g to n .................. ^1910
! West Virginia... . . . . . . . . . . . . . * 1911
1909
: Wisconsin.... . . . . . . . . . . . . . . . .
! W yoming___ . . . . . . . . _______
! United States___ __________
1910
1913
1911
1911
1911
1917
t nm
\ 1913
1919
1911
1915
1913
1915
1905
1916
1912
1917
1919
1913
1917
1915
1918
1911
1913
1911
1915
j 1908
\ 1916
* Public employees only.
•Rejected on referendum.
*Voluntary.
/Tw o laws, one (compulsory) declared unconstitu« Law declared unconstitutional.
tional.
*Appointed by tbe governor.
* Recent action relating to employees* 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. No. 126. December,
1913. 477 pp.
Compensation legislation of 1914 and 1915. Bui. No. 185. October, 1915 408 pp.
Workmen's compensation laws of the United States and foreign countries. Bui. No. 203. January*
1917. 961pp.
Workmen's compensation legislation of the United States and foreign countries, 1917 and 1918. Bui. No.
243. September, 1918. 477 pp.
Workmen's compensation legislation of the United States and Canada, 1919.. Bui. No. 272. January,
1921. 1211pp.
Workmen's compensation legislation of the United States and Canada, 1920 to 1922. Bui. No. 332.
June, 1923 260 pp.
Comparison of workmen’s compensation laws. Bui. No. 240, May, 1918, 106 pp.; Bui. No. 275, 1920.
140 pp.; Bui. No. 301, April, 1922,194 pp.; Bui. No. 379, January, 1925,15 pp. charts.
3
4
W O RK M E N ’S COMPENSATION LAWS— UNITED STATES
NUMBER OF WORKMEN'S COMPENSATION COMMISSIONS AND LAWS, BY YEARS
Year
1903 ............
1905 .........
1907 ___ _
1908 ______
1909
1910............
Commis States,
etc., ensions
formed or!! noting
provided original
law
for
1
1
2
(*)
3
8
Year
| 1911_______
! 1912 ............
j 1913.............
>1 ! 1914.............
1 i 1915
1 ! 1910.............
* Philippine Islands.
Commis States,
sions
etc., en
formed or acting
provided original
law
for
12
1
7
3
1
10
4
7
2
9
1
Year
Commis States,
sions
e tc, en
formed or acting
provided original
law
for
1917.............
1918.............
1919.............
1920.............
1
5
1
4
1
Total...
40
47
* United States.
The 40 commissions above accounted for operated in 32 jurisdic
tions, while laws have been enacted by the legislatures of 43 States,
the Territories of Alaska and Hawaii^ the Philippine Islands, and
Porto Rico, and by Congress for the civil employees of the Federal
Government and for the employees of the government of the District
of Columbia. Therefore not every law has been preceded by a com
mission; but every commission except that of Arkansas, appointed
in 1919, has been followed by the enactment of a law, though in some
cases so remotely as to suggest a lack of any real connection between
the two events. Indeed, the United States commission considered
only a statute relating to railroad employees, as to whom no law has
yet"been enacted. The year 1911 was marked by the creation of the
largest number of commissions as well as by the enactment of the
largest number of laws. But one investigative commission has been
appointed since 1916—that of Arkansas—said to be to remove con
stitutional objections 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 OP 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
>artook, to a considerable extent, of the nature of compensation
aws, 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 or from disease contracted in the service.
Beginning with 1900, the Post Office Department was given the
authority to employ 44acting clerks in place of clerks injured while on
duty” in the railway mail 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 disabilitjr being provided, and the scope of the provisions increased so
as to cover many other employees of the department.
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
I
PROGRESS OF LEGISLATION
5
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 ana 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 under
takings.
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
commission that has charge of the act as it affects civil employees of
the United States generally.
The first State legislation 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 min
ing, quarrying, steam and street railways, and work by municipali
ties in constructing any sewer, excavation, or other physical structure.
This law was to be administered by the State insurance commissioner
and made payment nr. absolute requirement in case of death. It
was declared unconstitutional after about two years’ operation.®
An act of the same legislature made quite similar provisions for
coal and clay miners in Allegany and Garrett counties.
The next* law within the territorial jurisdiction of the United
States was an enactment by the United States Philippine Commis
sion in 1905, authorizing the continuance of wages for a period
during disability, but not exceeding 90 days, in case of injury re
ceived by employees of the insular government in line of duty.®
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 com
pulsory, employers to pay on the basis of the tonnage mined and
employees 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. though in its essential features it was held to be a
valid exercise of the law making power.7
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, affect
ing the coal and clay miners of Allegany and Garrett Counties.
It provided for equal contributions by employers and workmen to a
fund to be collected and disbursed by the treasurers of the respective
counties. Administration rested with the county commissioners.
* For an account of the operation of this law and the opinion declaring it unconstitu*
tional see Bui. No. 57, pp. 645-648, 689. 690. The law Itself is given in Bui. No. 45,
pp. 406-408.
6 Act No. 1410; see Bui. No. 71, p. 394.
* For the law in full see Bui. No. 85, pp. 658-661.
6
W O BK M E N ’ s COMPENSATION LAWS— UNITED STATES
Suit could be brought, but this barred compensation rights, and con
versely 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 tliis law by a provision which authorized an employer
who had defended a suit and against whom judgment had beien
rendered to deduct, on compliance with certain conditions, the
amount of such judgment and costs from the payments thereafter
to be made by lnm to the county fund.8
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, 1910,9 followed at the same session by a compulsory
law for hazardous occupations. The latter law was cleclared uncon
stitutional after a very brief term of existence, but after an amend
ment to the constitution a new law was passed which has been sus
tained by both the State and the Federal courts. *
Of the 10 laws enacted in 1911, 7 provided for simple compensa
tion, 3 containing also provisions for insurance; while in 1912,
three States enacted compensation laws and one an insurance law;
in 1913 seven States were added to the list, in five of which compen
sation 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
and a law of Porto Iiico 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 additional
States in 1917, one in 1918, four in 1919, besides the inclusion of pub
lic employees of the District of Columbia, and one in 1920, marks
the present bounds of compensation legislation. O f these, two of
the laws of 1918, one in 1919, and the Arizona law of 1925, provide
for a State insurance system, though in only one of them is this
system exclusive. The Missouri enactment of 1919 was rejected by a
referendum vote, as was one of 1923. A new enactment (1925) was
voted on in November, 1926, and sustained, coming into effect as to
compensation on January 9, 1927.
8 This act is given in Bui. No. 01, pp. 1066-1070; amendments enacted in 1012 appear
In B«l. No. I l l , pp. 88, 80.
* Repealed, ch. 015, Acts of 1022.
PROGRESS OF LEGISLATION
The following table shows in chronological order the States, etc.,10
that have enacted compensation laws:
STATES HAVING COMPENSATION LAWS, WITH THE DATE OF Til KIR ENACTMENT
AND COMING INTO EFFECT
State
United States
Washington........
Kansas................
Nevada...............
New Jersey.........
California............
New Hampshire.
Wisconsin...........
Illinois................
Ohio...................
Massachusetts
Michigan............
Rhode Island___
Arizona...............
West Virginia___
Oregon................
Texas..................
Iowa...................
Nebraska............
Minnesota..........
Connecticut........
New York *.........
Maryland...........
Louisiana...........
Approved
May 3a 1906
Mar. 14,1911
.do.
Mar. 24,1911
Apr. 4,1911
Apr. 8,1911
Apr. 15,1911
Alay 3,1911
Juno 10,1911
June 15,1911
July 28,1911
Mar. 2a 1912
Apr. 29,1912
June 8,1912
Fob. 22,1913
Feb. 25,1913
Apr. 16,1913
Apr. 18,1913
Apr. 21,1913
Apr. 24,1913
May 29,1913
Dec. 16,1913
Apr. 16,1914
June 18,1914
Effective
Aug.
Oct.
Jan.
July
July
Sept.
Jan.
May
May
Jan.
July
Sept.
Oct.
Sept.
Oct.
July
Sept.
July
July
Oct.
Jan.
July
Nov.
Jan.
1,1908
1.1911
1.1912
1.1911
4.1911
1.1911
1.1912
3.1911
1.1912
1.1912
1.1912
1.1912
1.1912
1.1912
1.1913
1.1914
1.1913
1.1914
17,1913
1.1913
1.1914
1.1914
1.1914
1.1915
State
Approved
Wyoming................
Indiana...................
Montana *...............
Oklahoma...............
Vermont..................
Maine.....................
Colorado.................
Hawaii....................
Alaska.....................
Pennsylvania..........
Kentucky *.............
Porto liico..............
South Dakota.........
New Mexico...........
Utah.......................
Idaho...............- ___
Delaware................
Virginia...................
North Dakota.........
Tennessee.............. .
Dist. of Columbia *.
Alabama.................
Georgia.................. .
Missouri3................
Feb. 27,1915
Mar. 8,1915
.do.
Mar. 22,1915
Apr. M915
----- d o ..........
Apr. 10,1915
Apr. 28,1915
Apr. 29,1915
June 2,1915
Mar. 23,1916
Apr. 13,1916
Mar. ia 1917
Mar. 13,1917
Mar. 15,1917
Mar. 16,1917
Apr. 2,1917
Mar. 21,1918
Mar. 5,1919
Apr. 15,1919
July 11,1919
Aug. 23,1919
Aug. 17,1920
Apr. 3a 1925
Effective
Apr. 1.1915
Sept. 1.1915
July 1.1915
Sept. 1.1915
July 1.1915
Jan. 1.1916
Aug. 1.1915
July 1.1915
July 28,1915
Jan. 1,1916
Aug. 1.1916 .
July 1.1916
June 1.1917
June 8.1917
July 1.1917
Jan. 1.1918
Do.
Jan. 1,1919
July 1,1919
Do.
July 1,1919
Jan. 1,1920
Mar. 1,1921
Nov. 16,1926
[ i Public employees only.
1Earlier laws of Montana (1909), New York <1910), and Kentucky (1914) were declared unconstitutional.
* The law of Missouri was suspended awaiting the results of a referendum.
The dates given above are the dates of the actual inception of com
pensation methods in the various jurisdictions. As indicated by the
footnotes, earlier laws were enacted in a few States, but were never
really operative. The existing laws of a number of jurisdictions,
widely differing in some instances from those enacted at the dates
given above, are of more recent enactment ; but the operation of a
compensation law has been continuous since the original act became
effective. There are therefore but five States in the southeastern
portion of the Union that are at present without compensation laws.
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. A bill for an act entitled “ Long
shoremen’s and harbor workers’ compensation act ” passed the Sen
ate June 3, 1926, and is in the hands of the House Judiciary
Committee for consideration when Congress convenes in its second
session.
Besides the statutory enactments noted above, there have been con
stitutional provisions made in a number of States, adopted with a
view to the removal or forestalling of objections to compensation
legislation on grounds of constitutionality. Thus the constitution of
Arizona, .adopted on the admission of that State into the Union in
1910 (amended 1925), provides specifically for the enactment of a
compensation law. Amendments in favor of such legislation were
10 In the discussion that follows the word “ State ” will be used to include all jurisdic
tions, Territorial and other.
8
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COMPENSATION LAWS— UNITED STATES
adopted in 1911 in California, in 1912 in Ohio (again amended,
1928), in 1913 in New York and Vermont, in 1914 in Wyoming, and
in 1915 in Pennsylvania. In Oklahoma alone, of all the 8tates where
the question has been submitted to the people, was such an amendment
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 ac
count of other facts than the attitude of the public toward this par
ticular 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 o f a com
pensation law compulsory in form and of general application. How
ever, in but two States" (California and Illinois) thus far has an
original elective law been supplanted by a compulsory one.
TYPES OP LAWS
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 out also to the matter of
making the laws compulsory or voluntary in their acceptance, the
securing or not securing the payments of* the benefits, the mode of
securing where it is required, methods of administration, of election
or rejection, etc.
No fixed form of analysis or summary presentation can give in
complete detail the provisions of the laws under consideration. They
relate not only to the compensation of accidents but to accidcnt re
porting, safety provisions, the enforcement of safety laws, the estab
lishment of Insurance systems, premium rates, investments, the scal
ing of payments in cases of certain forms of negligence or their in
crease under certain conditions, procedure in arbitration, forms of
appeal, and a great variety of subjects on which it would be impos
sible to generalize, and which can be discovered only by a reading of
the individual statutes, 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 in
dividuals.
TYPES OF LAWS
9
It is encouraging to note in this connection that, though there is
such diversity, and a manifest disposition on the part of some admin
istrative and legislative bodies to regard variations as warranted by
local conditions, if not absolutely desirable, there are certain discov
erable tendencies to move in a common direction, and thus approach
a common end. In several States amendments have been made at
every session of the legislature since the original enactment.
These changes liberalize the laws by reducing the waiting time,
increasing the amount of benefits paid, either by percentage increases,
raising the maximum, or both, and by increased medical aid. There
are also some extensions of inclusions’or coverage, while occupational
diseases have been recognized as compensable until at the present
time there are 12 States and the Federal Government caring for such
injuries. The percentage of wages paid as compensation is now 65
in 4 States and 66% in 32, besides the Federal statutes; so that 24
States, as against 20 at the beginning of the year 1920, pay 60 per
cent or move.
In 1020, 16 States fixed the maximum weekly payments at $12 or
less. Now no State has a maximum less than $12 for temporary
total disability, and only 6 have as low a standard as that? while 13
pay $.18 or more, as against 5 at the earlier date. The waiting time
is now less than one week in 9 jurisdictions, one week in 28, and more
than one week in 10, while at the earlier date only 4 laws fixed a
waiting time of less than one week, 22 of one week*, and 20 of more
than one week.
Another change that indicates a recognition of the previous (and
in many cases continuing) inadequacy of relief consists of amend
ments making permanent partial disability payments additional to
the payments for temporary total disability, or the healing time.
Such changes have been made comparatively recently in Colorado,
Georgia, Hawaii, and New Mexico; while in New York, if the healing
time is protracted beyond specified periods, the schedule for partial
disability payments is correspondingly extended The restriction on
term and amount of payments by way of medical relief has been
raised or eliminated in a few States in recognition of the impor
tance of adequate treatment to restore the injured man to his employ
ment. In two States new requirements as to insurance have been
made.
In most States (32) the employer and employee may exercise a
choice as to accepting the provisions of the compensation law.
Election by the employer is presumed in a majority of the States, but
in 1011 positive action is required. Where the employer rejects the
law, actions for damages may be brought without the customary
common-law defenses. Where he elects to accept the provisions of
the law, the acceptance by the employee is taken for granted, in
the absence of rejection, except in Kentucky, where positive accept
ance is required. In New Hampshire the employee may make his
choice of remedy after the injury has been received. I f the em
ployer has accepted and the employee rejects the law, actions for
damages are subject to the common-law defenses, except in 2 States
(New Jersey and Pennsylvania), where the defenses are abrogated
absolutely.
u Kentucky, Maine, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Rhode
Island, Texas, and West Virginia.
10
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COMPENSATION LAWS----UNITED STATES
The laws are compulsory in 14 States, neither employer nor em
ployee having the option of choosing another remedy, except in
Arizona, where a workman may elect prior to the injury not to come
under the act. Suit is permitted in a number of States if the em
ployer has failed to insure or permits premiums to remain unpaid.
No law is of complete coverage, and the terms elective ” and
u compulsory ” apply to the laws in regard to the occupations said
to be covered by the acts. Employers in other occupations than
those so classed as “ covered ” may generally accept the terms of the
acts, but forfeit no defenses by failure to do so. Such inclusion is
designated as uvoluntary” in the chart presented later, and may
require the joint positive action of both employer and employee.
The following map indicates the extent of compensation legislation
in the United States, and whether its acceptance is elective or com
pulsory; also what States have insurance funds managed by State
officials, and whether exclusive or competing with other insurance
carriers.
An analysis of the law of each State, in comparable form, is pre
sented on the succeeding pages.
HO CQifflSiSATIQH U5JT
ACCEPTANCE ELECTIVE
ACCKWAHCE COiiPULSORY fTT'fll I'l
STATE INSURANCE FUND
EXCIUSIVE
COMPETITIVE
ANALYSIS OF THE PRINCIPAL FEATURES OF THE LAWS
ALABAMA
Date of enaai ment.—August 23, 1919. Effective January 1, 1920.
Injuries compensated.—Injuries caused by accident arising out of and in tlie
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, cominon curriers while engaged in interstate commerce, and domestic and agricul
tural service. Municipalities and employers of less than 1G 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 not in the usual
course of the employer’s trade or business. Public employment: Not covered
unless employer elects.
Compensation for death:
(<0 Expenses of last sickness and burial, in addition to required medical,
etc., treatment, not to exceed $100.
(ft) Total dependents: To widow, 30 per cent of wages; to dependent hus
band, 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 depend
ent orphan, 30 per cent; for each additional orphan, 10 per cent,
maximum 00 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 re
marriage, 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 bis
wages.
Maximum weekly payment, $12 to $15, according to number of de
pendents: minimum, $5, or actual wages. Total period. 300 weeks
including disability payments, if any; total maximum, $5,000.
Compensation for disability:
( a) Reasonable medical, etc., treatment for the first 60 days, not exceeding
$100.
(5) 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; mini
mum, $5. or actual wages.
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. Insur
ance not required.
Security for payments.—Compensation is not assignable, nor subject to gar
nishment, and is entitled to the same preferences as unpaid wages.
Settlement of disputes.—Settlements not made by agreement are determined
by the courts.
12
ANALYSIS OF LAWS— ALASKA
13
ALASKA
Date of enactment.—April 29, 1915, in effect July 28, 1915. Amended 1917,
chapter 44; new act, 1923, chapter 98; approved May 4 ; in effect August 2,
1923; amended 1925. Jiapter 63.
Injuries compensated.—Personal injury causing disability for more than one
week, or death, arising out of and in the course of employment, not due to
the employee's willful intention to injure himself or another or to his intoxica
tion.
Industrie covered.—All private employments in which five or more persons
are employed, unless election to the contrary is made; domestic service, agricul
ture, and the operation of railroads as common carriers excepted.
Persons compensated,—Private employment: AU employees in industries cov
ered, contractors and subcontractors exciurled. Public employment not in
cluded.
Compensation for death:
(a) If married, $3,900 to widow, $780 additional for each child under 16
years of age. or child wholly dependent by reason of mental or
physical incompetency, or unborn or posthumous child, and to de
pendent parent or parents if any; if no widow, $3,900 to any minor
orphan, and $780 additional for each child under 16; no total to
exceed $7,800.
(&) I f unmarried, and dependent parent or parents, $.1,560 to each.
(c) If no dependents, funeral expenses not to exceed $195, and other ex
penses, if any, to same amount.
Compensation for disability:
(a) Reasonably necessary medical and hospital treatment for not more
than one year, for which employer may deduct $2.50 per month from
wages of each employee for separate fund.
(b) Permanent total: $4,680 to workman alone; $6,240 if married, $780
additional for each child under 16, posthumous child, or child over
16, dependent by reason of physical or mental incompetency; total
not to exceed $7,800. If no wife or children, but dependent par
ents, $780 for each.
(c) Temporary total disability: 50 per cent of weekly wages during its
continuance.
(d) Permanent partial disability: Fixed sums for specified injuries in lieu
of other payments, varying with conjugal condition and number of
children, maximum $6,240.
Revision of benefits.—Readjustment must be made if within two years an
injury develops or proves to be such as to warrant a higher award from that
previously made.
Insurance.—No provision.
Security of payments.—Attachment may be had pending result of action, or
employer may deposit cash or bond with court. Payments are exempt from
execution.
Settlement of disputes.—By courts, either with or without jury trial.
14
W O RK M E N ’S COMPENSATION LAWS— UNITED STATES
ARIZONA
Date of enactment.—June 8, 1912; in effect September 1, 1912. Amended
1913, chapter 7; new act, 1925, chapter 88; approved March 24, 1925; in effect
January 7, 1926 (on declaration of constitutionality).
Injuries compensated.—All personal injuries causing disability for more than
seven days, or death, due to accident, arising out of or in the course of the
employment, not purposely self-inflicted.
Industries covered.—All having in service three or more workmen regularly
employed in the same business or in or about the same establishment, except
agricultural workers not employed in the use of machinery, and domestic
servants; elective as to excepted employments.
Persons compensated.—Private employment: All employees in industries
covered, except casual and not in the usual course of trade or business of the
employer. Public employment: Included except elective officials and those
receiving more than $2,400 annual salary.
Compensation for death:
(a) Burial expenses, not to exceed $150.
(&) To the widow or wholly dependent widower, 35 per cent of the aver
age wage until death or remarriage, 15 per cent additional for each
child under 18 years of age. If one orphan child, 25 per cent, 15
per cent additional for each other child. If none of the above, and
a wholly dependent parent, 25 per cent, 15 per cent additional if
two. If dependent brothers or sisters under 18, 25 per cent of wage
if one, 35 per cent if more than one. No total may exceed 66% per
cent of wages.
(c) To partial dependents such proportion of foregoing benefits as the
amount contributed bears to the average wage of the deceased, for
not over 100 months.
(d) If no dependents, $850 to a rehabilitation fund.
Widows remarrying receive two years* benefits in one sum. Payments
to minors cease at 18, or if over 18 and incapable of self-support, on
becoming capable.
Compensation for disability:
(а) Medical, surgical, and hospital treatment and supplies, including arti
ficial members, for 90 days; one year if commission directs. Onehalf costs, not over $1 per month from each employee, may be
deducted from wages.
( б) For total disability, 65 per cent of wages for not over 100 months,
if temporary, with $10 monthly additional if a dependent or depend
ents in the United States; if permanent, 65 per cent of wages for life.
(o) For partial disability, 65 per ceut of the wage loss for not over 60
months if temporary; schedule for specific injuries, in addition to
temporary total disability payments. Special rule for hernias.
Revision of benefits.—Awards may be revised on application if change of
circumstances warrant.
Insurance.—Required in the State fund, stock or mutual company, or proof
of financial ability to pay direct compensation. Public employees must be
insured in the State fund.
Security of payments.—Insurers are primarily liable to a workman or his
beneficiaries. Notice to the employer is notice to the insurer; insolvency does
not relieve insurer. The award, when docketed in the office of a county clerk,
is a lien upon the real property of the employer situated in that county for a
period of 8 years.
Settlement of disputes.—Disputes are settled by the industrial commission,
with appeal to courts.
ANALYSIS OF LAWS— CALIFORNIA
15
CALIFORNIA
Date of enactment.—April 8, 1011, in effect September 1, 1011; new act,
chapter 176, acts of 1013, in effect January 1, 1014; new act, chapter 586, acts
of 1017, in effect January 1, 1018. Amended, 1010, chapter 471; 1023, chapters
00, 161, 370, 381; 1025, chapters 300, 354, 355, 383.
Injuries compensated.—Injuries or disease arising out of and in the course
of employment, 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 ap
prentices 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.
Compensation for death:
(a) The reasonable expense of burial, not exceeding $150.
(b) To persons wholly dependent, three times the annual earnings of the
deceased employee; not less than $1,000 nor more than $5,000, pay
able 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 contribu
tion of the deceased to their support, subject to the same limitations
as above.
(d) If no dependents, burial expenses, not exceeding $150. Any disability
payments made and burial expenses paid are to be considered as
parts of the foregoing totals.
Compensation for disability:
(а) Such medical, surgical, and hospital treatment as may reasonably be
required to cure and relieve from effects of injury.
( б) For temporary total disability, 65 per cent of average weekly earnings
during such disability.
(c) For temporary partial disability, 65 per cent of weekly loss of wages
during such disability.
(cf) For permanent disability, 65 per cent of average weekly earnings for
l>eriods varying from 4 to 240 weeks, according to the degree of
disability. After the expiration of 240 weeks a further benefit vary
ing 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
disability 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 substi
tuted 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 his own insurance. Municipalities are required to insure in the State
fund unless the risk is refused.
Security of payments.—A claim for injury or death of an employee or any
award shall have the same preference over other unsecured debts as is given
by law to claims for wages, but not so as to impair a lien 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
commission, subject to a limited review by the courts.
16
W O RK M E N ’S COMPENSATION LAWS— UNITED STATES
COLORADO
Date of enactment.—April 10, 1915; in effect August 1, 1015. Reenacted,
chapter 210, Acts of 1919; amended 1923, chapters 200, 201, 202, 203; 1925,
chapter 182.
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 10 dgys.
Industries covered.—All, except interstate commerce and domestic and agri
cultural labor, in which four or more persons atfe employed, if employers elect
to come under the a ct; others may elect, but lose no defenses if they do not.
Persons compensated.—Private employment: All employees, excluding those
whose work is but casual and not in the usual course of the employer's busi
ness. Public employees: Ail under any appointment or contract of hire; elec
tive officials and officers and enlisted men of the National Guard excluded.
Compensation for death:
(a) Burial expenses, not to exceed $125.
(&) To persons wholly dependent, including acknowledged illegitimate
children, 50 per cent of the weekly wages for six years, $12 maxi
mum, $5 minimum, total not to exceed $3,750. If death occurs from
any cause during receipt of disability benefits, any unaccrued and
unpaid remainder goes to dependents, not to exceed $3,750.
(0) If only partial dependents survive, 50 per cent of the weekly wages,
$12 maximum, $5 minimum, for such part of six years as required
to pay amouut of award. If death occurs from any causc during
the receipt of disability benefits, partial dependents shall receive
proportionate amounts of the unpaid award, not to exceed $3,750.
{d) If no dependents, funeral expenses, not over $125.
(e) Payments to any beneficiary cease on death; to widow or dependent
widower on remarriage, but a lump sum equal to one-half the un
paid balance shall be paid to the spouse if there arc no children; if
there are dependent children, the unpaid balance is payable to
them; to children, on reachiug the age of 18, unless incapacitated.
Payments lapsing for any reason go to surviving dependents, if tiny.
Benefits to aliens are one-fourth the amounts payable to citizens.
Compensation for disability:
(a) Medical and surgical assistance for first 00 days, not more than $200
in value and $100 for dental services.
(l>) For temporary tolal disability, 50 per cent of weekly wages during
continuance, $5 minimum, $12 maximum; full wages if less than $5.
(c) For pcrmauent total disability. 50 per cent of average weekly wages,
maximum $12, minimum $5, for life.
(d) For permanent partial disability, 50 per cent of the weekly wage
decrease, $12 maximum: total not to exceed $3,120. Special schedule
for specified injuries, 50 per cent of weekly wages for periods rang
ing from 4 to 208 weeks, in addition to other payments. Facial dis
figurements, not exceeding $500.
( e ) For temporary partial disability, 50 per cent of wage loss during
disability; maximum $12, minimum $5, aggregate maximum $1,560.
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.
li
snrance.—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 commis
sion, with limited appeal to courts.
ANALYSIS OF LAWS— CONNECTICUT
17
CONNECTICUT
Date of enactment.—May 21). 1913: in effect January 1, 1914. Amended, 1915,
chapter 228; 1917, chapter 308; 1918, chapter 284; 1919, chapter 142; 1921,
chapters 148, 306; 1925, chapter 247.
Injuries compensated.—All injuries arising out of and in the course of em
ployment, disability of more than seven 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 covercd.—All industries in which live or more persons are em
ployed, in absence of contrary election by employer; others may elect.
Persons compensated.—Private employment: Ali employees of an employer
accepting the act, in absence of contrary election, outworkers and casual em
ployees 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.
Compensation for death:
(a) $100 for burial expenses.
(&) To persons wholly dependent, a weekly compensation equal to one-half
the earnings of the deceased employee.
(c ) If only partial dependents survive, a weekly compensation, determined
according to the measure of dependence, not exceeding one-half the
earnings of the deceased employee.
(<Z) 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.
Compensation for disability:
(а) Reasonable medical and surgical aid and hospital service.
( б) For total disability, a weekly compensation equal to one-half the
employee’s earnings, not more than $21 or less than $5 weekly, or
for longer than 520 weeks.
(o) For partial disability, a weekly compensation equal to one-half the
wage loss, but not more than $21 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 addition to
compensation for temporary total disability.
Lump-sum payments may be approved by the commissioner, provided
they equal the value of the compensation.
Revision of benefits.—Review may be had upon request of either party, when
ever it shall appear to the compensation commissioner that the incapacity or
the measure of dependence has changed. The commissioner retains control
over awards during their whole period, with power to take proper action
thereon at any time.
Insurance.—Approved schemes may be substituted, provided the benefits are
equivalent to those provided by law. Insurance may be taken in approved
stock or mutual companies or associations.
Security of payments.—Employer must furnish the insurance commissioner
satisfactory proof of his solvency and financial ability to pay awards, file satis
factory security with the insurance commissioner, or insure in approved stock
or mutual companies or associations. Payments are not assignable, are exempt
from execution, and are entitled to the same preference as wage debts.
Settlement of disputes.—Disputes are to be settled by the compensation com
missioners. Appeals from findings and awards of any commissioner may be
made to the superior court of the county without cost to either party.
18
W O R K M E N ^ COMPENSATION LrAWS— UNITED STATES
DELAWARE
Date of enactment.—April 2, 1917; in effect January 1, 1918. Amended,
1919, chapter 203; 1921, chapter 180; 1923, chapter 206.
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 himself or another.
Industries covered.—All, except agriculture and domestic service, in which
five or more persons arc employed, unless contrary election is made.
Persons compensated.—Private employment: All persons under contract tor
hire for a valuable consideration except casual employees not in the regular
course of the trade or business-of the employer, and outworkers. Public em
ployment: Not included, except employees of city of Wilmington.
Compensation in case of death:
(a) Funeral expenses, not exceeding $100.
(fe) To the widow or widower alone, 25 per cent of the wages of the
deceased employee; if one child, 40 per cent, and 5 per cent for
each additional child; not over 60 per cent in all. If one or two
orphan children, 25 per cent, and 10 per cent for each additional
child, the total not to exceed 60 per cent. If none of the foregoing,
and a dependent parent or parents survive, 20 per cent; if no
parents, 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 (widows and children only) receive one-lialf the above
amounts.
Payments are for a period of 285 weeks, minus any disability benefits
paid the injured person prior to h4s death, but cease on the death of
a beneficiary, the remarriage of a widow or widower, or on a child
attaining the age of 16 years; but orphan children or those aban
doned by the surviving parent continue to receive benefits until Ihe
age of 16, regardless of 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 week.
Compensation for disability:
(a) Medical and surgical aid as may be reasonably required during the
first 30 days, unless refused by the employee, but not to exceed $100;
board may direct additional amount.
(b) For total disability, for not over 475 weeks, 50 per cent of the in
jured person’s wages, not more than $15 nor less than $5 per week,
unless the wages were less, 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.
Periodical payments may be commuted to lump sums on the applica
tion of either party, with due notice to the other.
Rt vision of benefits.—On application of any party in interest, but not oftener
than once in six months, a review of awards may be had and changes made
as the condition of the injured person or the status of beneficiaries may
warrant.
Insurance.—Insurance is required in an approved organization, unless ade
quate proof of the employer’s financial ability to meet obligations is furnished.
Self-insurers may be required to give bond or make a deposit to secure the
payment of liabilities.
Security of payments.—Policies must inure directly to the benefit of the per
son 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.
ANALYSIS OF LAWS— DISTRICT OP COLUMBIA
19
DISTRICT OF COLUMBIA
Date of enactment.—July 11, 1910; 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 59.
20
WORKMEN ’g COMPENSATION LAWS— UNITED STATES
GEORGIA
Date of enactment.—August 17, 1920; in effect March 1, 1921. Amended,
1922, pages 77, 185; 1923, page 92; 1925, page 282.
Injuries compensated.—Personal injuries l>y accident arising out of and in
course of the employment, causing death or disability for more than 7 days,
not due to the injured employee's willful misconduct, intoxication, violation of
safety provisions, or the willful act of a third person not due to the employment.
Industrie# covered.—All where 10 or more persons are employed, excepting
agriculture and domestic service, common carriers using steam power, and
institutions operated as public charities, all iu the absence of contrary election.
Small establishments may make election to come under the act.
Persons comi>ema1<’d.—Private employment: All employees in establishments
covered, except casual employees. Public employment: Employees of municipal
corporations and political subdivisions of the State.
Compensation for death:
(a) Burial expenses not to exceed $100.
(b) To persons wholly dependent, 85 per cent of the benefits provided for
total disability for 300 weeks.
(c) To persons partly dependent, a payment proportionate to the decedent’s
contribution to their support.
Payments continue for not over 300 weeks from the date of injury,
$12.75 maximum, the total not to exceed $5,000. They cease on the
remarriage of a widow or widower, or on a child reaching the age of
18 unless incapacitated for earning.
Payments to nonresident aliens, other than in Canada, may not exceed
$1,000.
Compensation for disability:
(a) Necessary medical attention for not more than 80 days, the cost not to
exceed $100.
(&) For total disability, one-half the weekly wages, not more than $15 nor
less than 4, or full wages for not more than 350 weeks; the total not
to exceed $5,000.
$5,000.
(o) For partial disability. 50 per cent of the wage loss, not more than $12
per week, for not more than 300 weeks; fixed periods for specified
injuries, in lieu of all other compensation except for a period of not
over 10 weeks’ total disability.
Any weekly payment may be commuted to a lump sum after 26 weeks
if the parties agree and the commission approves.
Revision of benefits.—The commission may at any time review' an award or
agreement, either on its own motion or on application of either party.
Insurance.—Insurance in a licensed stock or mutual company, or a reciprocal
association, is required unless satisfactory proof is given to act as a selfinsurer.
Security of payments.—Evidence of insurance must be filed, policies must
inure directly to beneficiaries, payments have same preference as wage debts,
and are exempt from assignment, Attachment, etc.
Settlement of disputes.—Disputes are settled by an industrial commission
subject to appeal to the courts.
ANALYSIS OF LAWS— H AW AII
21
HAWAII
Date of enactment.—April 28, 1915; in effect July 1, 1915; amended, 1917,
No. 227; 1923, No. 249.
Injuries compensated.—Personal injury 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 injure himself or another or to liis intoxication.
Industries covered.—All public and all industrial employment for pecuniary
gain.
Persons compensated.—Private employment: All persons under contract of
employment or apprenticeship, other than casual employees, whose pay does not
exceed $36 per week. Public employment: All except elective officials and em
ployees who receive salaries in excess of $1,800 per year.
Compensation for death:
(а) $100 funeral expenses.
( б) Forty 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 ikot to exceed 50 per
cent. If no consort or child, but other dependents, 25 to 40 per cent.
(c) Payments to widow cease on death or remarriage, and to widower on
termination of disability or remarriage; to child on reaching age of
16, unless incapable of self-support, when they may continue to 18;
to other beneficiaries on termination of disability; no payments
except to children to continue longer than 312 weeks. Basic wages
not less than $5 nor more than $36 weekly. Maximum benefits,
$5,000.
Compensation for disability:
(a) Reasonable surgical, medical, and hospital services during disability.
( b) For total disability, 60 per cent of weekly wages, $5 minimum, $20
maximum, for not longer than 312 weeks; total not to exceed $5,000.
If wages are less than $5, full wages will be paid unless disability is
permanent, when $5 will be paid.
(o) For partial disability, CO per cent of wage decrease, $12 maximum, not
over 312 weeks; total not to exceed $5,000. Fixed awards are made
for specified injuries in addition to total or partial disability benefits.
Payments may be commuted to one or more lump sums in any case.
Revision of benefits.—Agreements or awards may be reviewed at any time, but
not oftener than once in six months.
Insurance.—Private employers must carry insurance, secure guaranty insur
ance, deposit security, or furnish proof of financial ability to make payments.
Security of payments.—Payments are preferred claims, the same «s wago
debts. Employees have direct recourse to insuring company: insolvency of
employer does not release insurer.
Settlement of dispute*.—Industrial accident, boards for each county with aid
of a committee of arbitration, if desired by either party; appeals to courts.
22
W O RK M E N ’S COMPENSATION LAWS— UNITED STATES
IDAHO
Date of enactment.—March 16, 1917: in effect January 1, 1918. Amended
1921, chapters 217, 220; 1925, chapter 129.
Injuries compensated.—Injury by accident arising out of and in course of
employment, not due to the employee’s willful intention to injure himself or
another or to his intoxication, causing death within two years, or disability for
more than seven days.
Industries covered.—Compulsorily, all public employment and all private em
ployment carried on by the employer for pecuniary gain, except agricultural
and domestic service, range laborers, and employment by charitable organiza
tions. Exempted industries included by written agreement of both parties.
Persons compensated.—Private employment: All employees except casual,
outworkers, 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.
Compensation for death:
(a) Burial expenses not to exceed $200.
(b) To a dependent widow or widower alone, 45 per cent of the employee’s
average weekly wages; if a child or children, 55 per cent. Orphan
children receive 25 per cent if one, and 10 per cent additional for
each child more than one, the total not to exceed 55 per cent. To a
dependent parent or pavents, any sum not paid to the foregoing, the
total not to exceed 55 per cent; if no spouse or child, 25 per cent to
one dependent parent or 20 per cent to each if both are dependent;
other dependents may receive benefits within the 55 per cent limits.
(c) If there are no dependents, the employer shall pay $1,000 into the in
dustrial 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 reach
ing the age of 38 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) Reasonable medical, surgical, and hospital service, and crutches and
apparatus as may be required or requested at the time of the. injury
and for a reasonable period thereafter.
(b) For total disability, 55 per cent of the injured person's wages, not
less than $G nor more than $12 for 400 weeks, and $6 per week
thereafter, additional allowances for wife and children, total not
to exceed $16 per week.
(c) For partial disability, 55 per cent of the wage loss for not more than
150 weeks; nor more than the amounts allowed for total disability;
schedule for designated permanent partial disabilities, ranging from
3 to 200 weeks, in addition to other payments.
Lump-sum settlements may be approved for part or all the benefits,
for either disability or death.
Revision of benefits.—Agreements or awards may be reviewed on the appli
cation of either party, but not oftener than once in six months.
Insurance.—Employers must insure in the State insurance fund or deposit
satisfactory security or surety bond to guarantee payments.
Security of payments.—Policies of insurance in the State fund and all
guaranty contracts must provide that the employee may have direct recourse
thereto, and the insolvency of the employer is no release of his surety. Benefits
have the same priority as wage payments, and are exempt from assignment,
attachment, etc.
Settlement of disputes.—The act is administered by an industrial accident
board. Agreements l>etweon 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 withiri. 30
days. A limited appeal may be taken to the courts.
ANALYSIS OF LAWS— ILLINOIS
23
ILLINOIS
Date of enactment.—June 10, 1911; in effect May 1, 1912. New act, June
28, 1913; in effect. July 1, 1913. Amended 1915, page 400; 1917, pages 490,
505; 1919, page 538 ; 1921, page 446; 1923, page 354; 1925, page 378.
Injuries compensated.—Accidental injuries, including certain occupational
diseases, arising out of and in the course of employment 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 em
ployers 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.
Compensation for death:
(a) To persons wholly dependent, a sum equal to four years’ earnings, not
less than $1,650 (to a widow with one child under 16, $2,000, and if
two or more children, $2,100) nor more than $3,750 (to a widow
with one child under 16, $4,100 and if two or more children, $4,350).
(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, and $300 to a
second injury fund.
Compensation for disability:
(ft) Medical, surgical, and hospital services as reasonably required to effect
a cure.
(&) For total disability beginning with eighth day (second day if perma
nent), a weekly sum equal to 50 per cent of the employee’s earn
ings, $7.50 minimum, $14 maximum, during disability or until pay
ments equal a death benefit; thereafter, if the disability is perma
nent, 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 ca
pacity, but not more than $14 per week.
(<f) For certain specified injuries (mutilations, etc.), a benefit of 50 per
cent of weekly wages for fixed periods, in addition to temporary
total disability payments.
( e ) The basis of 50 per cent shall be increased 5 per cent for each child
under 16 years of age, the maximum to be 65 per cent. The mini
mum sum of $7.50 per week is to be increased according to the num
ber of children, the total not to exceed $14. The maximum weekly
payment of $14 is similarly increased, the total not to exceed $19.
(f) 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 per
manent total incapacity.
Lump-sum payments for either death or disability may be substituted
by the industrial board for periodic payments.
Revision of benefits.—Medical examination may be had not oftener than
every four weeks. The industrial board may, on request, review installment
payments within 18 months after the award or agreement thereon.
Insurance.—The employer must insure, furnish proof of ability to pay, or
make other provision for security of payment; or he may maintain a benefit
system, but may not reduce his liability under the act.
Security of payments.—In case of insolvency, awards constitute liens upon
all property of the employer within the county, paramount to all other claims,
except wages, taxes, mortgages, or trust deeds. Exempt from garnishment,
attachment, or execution.
The rights of an insolvent employer to insurance are subrogated to em
ployees.
Settlement of disputes.—Disputes are determined by the industrial com
mission through an arbitrator or arbitration committee, subject to review by
the board. Questions of law may be reviewed by the courts.
24
w o r k m e n ’s c o m p e n s a t io n l a w s — u n it e d states
INDIANA
Date of cnactmcnt.—March 8, 1915; in effect September 1, 1915. Amended.
1917, chapters 63, 81. 165; 1919. chapter 57, 71; 1923, chapter 76.
Injuries compensated.—Personal injury causing disability for more than
seven days, or death within 300 weeks by accident arising out of and in course
ol employment, not due to willful misconduct, intention to injure self, intoxica
tion. or willful failure or refusal to use safety appliance or perform duty re
quired by statute.
Industries covercd.—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 cmrpensated.—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 ex
cepted. Public employment: All employees, unless entitled to municipal pen
sions.
Compensation for death:
(a) $300 for funeral expenses, if death from the injury occurs within
300 weeks.
(b) Fifty-live per cent of weekly wages to persons wholly dependent; to
those partially dependent, amounts proportionate to decedent’s con
tributions 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 menially or physically
disabled for earning. Wages are to be considered as not above $21
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 opiiortunity 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 of benefits.—Awards may be reviewed at any time by industrial
board on its own motion or the request of either party, but without retroactive
effect.
Insurance.—Required unless satisfactory proof of financial ability to moet
payments is fjirnished.
Security of payments.—Contracts of insurance must inure directly to the
benefit of the person entitled to payments under an award. Payments h:»ve
same preference and priority as unpaid wages, and are exempt from claims
of creditors.
Settlement of disputes.—Disputes are determined by the industrial board,
with appeal to courts on questions of law.
ANALYSIS OP LAWS— IOWA
25
IOWA
Date of enactment.—April 18, 1913: in effect July 1, 1914. Amended 1917,
chapters 188, 270. 836, 409, 418: 1919, chapter 220; 1923. chapters 17, 206; 1924,
(codification) ; 1925, chapter 162.
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
municipalities.
Persons compensated.—Private employment: All employees in industries cov
ered in absence of contrary election, except clerks not subjected to the hazards
of the industry and casual employees, or those not employed for the purpose of
the employer's trade or business. Public employment: All except officials, and
policemen, and firemen entitled to benefits from pension funds.
Compensation for death:
(a) Reasonable expenses of the employee's last sickness and burial, not to
exceed $150: if no dependents, $250.
(b) To persons wlioily 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 or full wages, if less, for 300 weeks.
(c) If only partial dependents survive, such a proportion of the above as
the amounts contributed by the employee to such partial dependents
bear to his annual earnings.
(d) If the employee was a minor whose earnings were received by the
parent, n sum to the parent equal to two-thirds of the amount pro
vided for persons wholly dependent.
If the spouse dies during the compensation period, the unpaid balance
goes to other dependents, if any; if she remarries, and there are no
dependent children, payments cease.
Nonresident aliens receive one-half benefits.
Compensation for disability:
(а) Reasonable surgical, medical, and hospital services and supplies for
first four weeks, not exceeding $100 and $100 additional in excep
tional cases.
( б) For temporary total disability, 60 per cent of wages, not more than $15
nor less than $6 (unless wages are less than $6. then full wages),
for not more than 300 weeks.
(c) For permanent total disability, the same compensation as for tem
porary 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. Payments under (b) and (c) for the fifth, sixth, and seventh
weeks are 100 per cent of the weekly earnings, if the disability con
tinues during these periods, respectively.
Lump-sum payments may be substituted in any case where the term
can he determined, on approval of the industrial commissioner and
an order by the court.
Revision of benefits.—Payments may be reviewed by the. industrial commis
sioner at the request of either party.
Insurance.—Employers must insure in approved companies or mutual asso
ciations, or furnish satisfactory proof of financial ability to make payments, or
deposit security with the State insurance department; or they may maintain
approved substitute schemes, provided there is no diminution of benefits.
Security of payments.—In case of insolvency of the insurer a claim for com
pensation becomes a first lieu, and in case of legal incapacity of insured to
receive the amount due. the insurer must settle directly with the beneficiary.
Payments are exempt from garnishment, attachment, or execution.
Settlement of disputes.—Disputes may be settled by committees of arbitra
tion, with the industrial commissioner as chairman; limited appeal to courts.
26
W O RK M E N ’S COMPENSATION LAWS— UNITED STATES
KANSAS
Date of enactment.—March 14, 1911; in effect January 1, 1912. Amended
1913, chapter 216; 1917, chapter 26; 1919, chapter 222.
Injuries compensated.—Injuries by accident arising out of and in the
course of employment, 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 requiring the use of dangerous, explosive, or inflammable mate
rials, if employing five or more persons; and mines, without reference to the
number of employees, all in absence of contrary election; employers in other
industries and those employing less than five persons may also elect.
Persons compensated.—Private employment: All employees, including appren
tices, but excluding those employed otherwise than for the purpose of the
employer’s business. Public employment; Workmen on county and municipal
work.
Compensation for death:
(«) 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.
( 6) 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 exceed
ing $150.
Compensation ceases upon the marriage of any dependent, or when a
minor, not physically or mentally incapable of wage earning, shall
become 18 years of age.
Compensation for disability:
(a) On demand, medical, surgical, and hospital treatment, not over $150
in value, for not more than 50 days.
(b) For total incapacity, payments during incapacity after the first week,
equal to 60 per cent of earnings, but not less than $6 nor more than
$15 per week.
(c) For partial incapacity, 60 per cent of wagq loss during incapacity,
after the first week. Lump sums equal to 50 per cent of the wages
for specified periods are to be paid for designated injuries, in lieu of
all other compensation, not less than $6 nor more than $12 per week.
No payments for total or partial disability shall extend over more than
eight years.
After six months, lump-sum payments may be substituted at the
employer’s option, the sum to be agreed upon or determined by the
court; or the workman may apply for a lump-sum settlement at any
time.
Revision of benefits.—Any award may be modified at any time by 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 referred
to arbitrators, subject to an appeal to courts.
ANALYSIS OP LAWS— KENTUCKY
27
KENTUCKY
Date of enactment.—March 23, 1916; in effect August 1, 1916. Amended 1918,
chapter 176; 1920, chapter 37; 1922, chapter, 50; 1924, chapter 70; 1920,
chapter 193.
Injuries compensated.—Personal injuries by accident arising out of and in
course of employment, including injuries due to inhalation of mine gas, or smoke
or any kind of gas, causing incapacity for more than seven days, or death
within two years, not self-inflicted, or due to intoxication or willful miscon
duct. Results of preexisting diseases are not included.
industries cow red.—All except domestic service and farm labor where three
or more persons are employed; excepted industries may become subject to the
acr by joint application by employers and employees. Operators of grain and
seed threshers or hullers are included.
Pcrsom compensated.—Private employment: All employees in establishments
coming under the act, if the employees elect. Public employment: All employees
of municipalities coming under the act, if the employees elect.
Compensation for death:
(a) Reasonable burial expenses, not to exceed $75.
(b) To persons wholly dependent, 65 per cent of the average weekly earn
ings, not more than $12 nor less than $5 per week, for 335 weeks, the
total not to exceed $4,000.
(c) If only partial dependents survive, a proportion of the amount for
total dependency, determined by the degree of dependence.
(d) If no dependents. $100, payable to the personal representative.
Payments to a widow or widower cease on remarriage and to a child
on reaching the age of 16, unless incapacitated for wage earning.
Payments thus terminated go to other beneficiaries, if any.
Compensation for disability:
(a) Medical, surgical, and hospital aid for 90 days, unless another period
is fixed by the board, the cost not to exceed $100; board may in
crease to $200.
(b) For total disability, 65 per cent of average weekly wages, not more
than $15 nor less than $5, for eight years, total not to exceed $6,000.
(c) For partial disability, 65 per cent of the weekly wage loss, not to ex
ceed $15, 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 1lie
board.
Revision of benefits.—Review may be had on the request of either party or
on the motion of the board, changing or revoking any previous order.
Insurance.—Employers accepting the act must insure in a stock or mutual
company or the State Employees’ Insurance Association, or give proof of finan
cial ability to pay compensation direct.
Security of payments.—Insurance policies must provide for direct liability
to the beneficiaries. Self-insurers must furnish bond or other security. Bene
fits have the same priority as wage debts and are not subject to assignment
or attachment.
Settlement of disputes.—Disputes are settled by the workmen’s compensation
board, or a member thereof, or a referee appointed by it; limited appeal to
courts.
1965°—26------8
28
W O BK M E N ’S COMPENSATION LAWS— UNITED STATES
LOUISIANA
Date of enactment.—June 18, 1914; in effect January 1, 1915. Amended,
1910, No. 248; 1918, Nos. 38. 39; 1920. Nos. 234, 244, 247; 1922, No. 43; 1924,
Nc«. 21. 216; 1926, No. 85.
Injuries compensated.—Personal injury by accident arising out of and in
course of employment causing disability for more than one week, or death
within one 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 coutrary election; extensive list, and others may be so adjudged or brought
within the act by voluntary agreement. Compulsory as to employees of the
State and its municipalities and public boards.
Persons compensated.—Private employment: Every person performing serv
ices arising out of and incidental to his employer’s trade, business, or occupa
tion, if the same is within the act. Public employment: Every person in the
service of the State, etc., except officials.
Compensation for death:
(a) .$100 expenses of burial and not over $50 contingent expenses.
(b) To widow or dependent widower alone, 32% per cent of weekly wages.
4614 per cent if 1 child, and 65 per cent if 2 or more. If 1 child
alone, 32% per cent, 46Vi per cent for 2, and 65 per cent if 2 or
more. For 1 dependent parent, 32% per cent: for 2, 65 per cent:
if 1 brother or sister, 32% per cent and 11 per cent additional for
each other. The total in no case may exceed 65 per cent of the
weekly wages, $3 or full wages minimum payment, $20 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 medicnl, surgical, and hospital services, not to exceed
$250 in value.
(b) For total disability, 65 per cent of the weekly wages, $20 maximum,
$3 minimum, unless the wages are less than $3, then full wages,
for not more than 400 weeks.
( c ) For partial disability, 65 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 approved
by the courts.
Revision of benefits.—-Judgments may be modified at any time by agree
ment of the parties and approval by the courts; or after six months they may
be reviewed by the court on application of either party.
Insurance.—Employees under the act must insure, give bond, or qualify as
self-insurers.
Security of payments.—Policy of insurance must give claimants right to
direct payment regardless of the default or bankruptcy of the employer. Com
pensation payments have the same preference as wage debts.
Settlement of dispute*.—Disputes are settled by judges of the courts in
simple, summary procedure.
ANALYSIS OP LAWS— MAINE
29
MAINE
Date of enactment.—April 1, 1915; in effect January 1, 1916. Reenacted
April 4, 1919: amended 1921, chapter 222; 1925, chapter 201.
Injuries compensated.—Injuries arising out of and in course of employment,
causing disability for more than 7 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 cognizable to employer.
industries covered.—All except agricultural and domestic labor, logging, and
seamen in interstate or foreign commerce in which more than live persons are
employed, if employer i ieets. Abrogation of defenses does not affect cutting,
hauling, driving, or rafting of logs.
Persons compensated.—Private employment: All* persons in industries cov
ered, employees whose work is casual or not in the usual course of the em
ployer’s business excepted. 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.
Compensation■for death:
{a) To persons wholly dependent. 00% per cent of weekly wages for 300
weeks, $6 minimum, $J8 maximum, not over $4,000 in all.
( 6) If only partial dependents survive, amounts proportionate to the re
lation 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
incapacitated for earning a living.
Alien dependents residing outside the United States or Canada re
ceive one-half benefits.
Compensation for disability:
(а) Reasonable medical and hospital service during first 30 days of dis
ability, not over $100 in value, unless by agreement or order of
commission a longer period or larger amount is provided for.
( б) For total disability, 66% per cent of the wages for not more than 500
weeks, $6 minimum, $18 maximum, total not to exceed $4,200.
(c) For partial disability, 66% per cent of the weekly wage loss, not over
$18, for not more than 300 weeks. For specified injuries causing
permanent partial disability, 66% per cent of the wages for various
fixed periods, then compensation on basis of wage loss, if any, for
not more than 300 weeks in all.
Lump-sum payments may be approved by the commission after weekly
payments for not less than 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 em
ployer gives satisfactory proof of solvency and makes deposit or bond to se
cure payments.
Security of payments.—Claims have same preference over unsecured debts
as do wages for labor.
Settlement of disputes.—Disputes are to be settled by the industrial accident
commission, with appeal to courts on questions of law.
30
W O RK M E N ’S COMPENSATION LAWS— UNITED STATES
MARYLAND
Date of enactment.—April 10, 1914; in effect Nov. 1, 1914. Amended 1910,
chapters 80, 368, 379, 597, 713; extra session, 1917, chapter 6 ; 1920, chapter
456; 1922, chapters 303, 321, 359; 1924, chapters 217, 332, 341, 364, 583.
Injuries compensated.—Accidental personal injury arising out of and in
course of employment, not due to willful intention or intoxication, and causing
disfigurement, disability for more than three days, or death within two years.
Industries covered.—Extra hazardous (enumerated* list) ; others by joint
election of employers and employees, including farm and domestic labor.
Persons compensated.—Private employment: All in industries covered except
casual employees. Public employment: Workmen employed for wages in extra
hazardous work, unless the municipality makes other equal or better provision,
and officers and enlisted men of State militia.
Compensation for death:
(a) Funeral expenses, not over $125.
(b) To persons wholly dependent, 66% per cent of the weekly wages, not
over $18 nor less than $8 per week unless the wages were less, for
eight years; not more than $5,000 nor less than $1,000.
(c) To persons partly dependent. (>(>% per cent of the weekly wages, not
over $18 per week, for such portion of eight years as the com mission
may fix, the amount not to exceed $3,000.
(d) If no dependents, funeral expenses not over $125, unless there is
sufficient estate to defray same.
(e) Widow on remarriage receives one year’s benefits if outstanding; pay
ments to children cease on reaching the age of 16 years, unless
incapacitated.
Compensation for disability:
(a) Medical, surgical, etc., expenses, not above $500 in value.
(b) For total disability, 66% per cent of weekly wages, $8 minimum, $18
maximum, during its continuance, total not to exceed $5,000. If
wages are less than $8, full wages will be paid.
(e) For temporary partial disability, 50 per cent of weekly wage loss, $18
maximum, total not. over $3,500; for specified maimings, 66% per
cent of the weekly wages, in addition to other payments, for specific
periods, $8 minimum, $18 maximum, total not over $3,750; other
permanent injuries, 50 per cent of wage loss, total not over $3.()00.
Where the injured employee is a learner, with prospect of increase in
wages, this fact may be considered in fixing awards.
Payments may, in the discretion of the commission, be made in part
or in whole in lump sums.
Revision of benefits.—The commission may modify its findings and orders
at any time for justifiable cause.
Insurance.—Insurance in State fund, stock or mutual company, or proof of
financial ability is required.
Security of payments.—Policies must permit action by commission to secure
payments to person entitled. Payments may not be assigned, nor are they
subject to execution or attachment.
Settlement of disputes.—Disputes are to be settled by the industrial accident
commission, with appeal to courts.
ANALYSIS OF LAWS— MASSACHUSETTS
31
MASSACHUSETTS
Date of enactment.—July 28, 1911; In effect, July 1, 1912. Amended, 1912,
chapter 571; 1913, chapters 48, 448, 5(58, 096, 740; 1911, chapters 338, 708; 1915,
chapters 123, 275, 314; 1916, chapters 72, 90; 1917, chapters 198, 249, 269; 1918,
chapters 113, 119; 1919, chapters 197, 198, 204, 205, 226. 272, 299; 1920, chapters
223, 324; 1921, chapter 310; 1922, chapters 368, 402, 537; 1923, chapters 125,
139, 163; 1924, chapters 207, 434; 1925, chapter 267; 1926, chapter 190.
Injuries compensated.— Injuries, including diseases, arising out of and in the
course of employment causing incapacity for 7 days, or death, unless the injury
is due to the serious and willful misconduct of the injured employee.
Industries covered.—All industries except farm labor and domestic service.
Exempted employments may come under the act if the employer so elects.
Persons compensated.—Private employment: All employees, except masters of
vessels and seamen, engaged in interstate or foreign commerce and 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,
4iid any county, city, town, or district having power of taxation and accepting
the act may. compensate its laborers, workmen, and mechanics.
Compensation for death:
(a) The reasonable expense of burial, not exceeding $150. If dependents
survive, this sum shall be deducted from the compensation payable.
(ft) To a widow alone, $10 weekly for not more than 400 weeks; $12 if one
child, $14 if two children, and $16 if more than two.
(c) To other persons wholly dependent, a weekly payment equal to twothirds the average weekly wages of the deceased employee, but not
less than $4 nor more than $10, for a period of 500 weeks.
(d) If only partial dependents survive, a sum proportionate to the portion
of earnings contributed to their support by the deceased employee.
Children cease to be dependents at 18 (16 if living apart from parent
legally bound to render support), unless mentally or physically in
capacitated from earning a living. In no case may the total payment
exceed $1,000.
If no dependents, $100 to second injury fund.
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 exceed
ing 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 for injury or death have been made for not less than six
months.
Revision of benefits.—Either party may demand a revision of payment at any
time.
Insurance.—Employers under the act must subscribe to the State employees’
insurance association or insure in some authorized company.
Security of payments.—Payments are not subject to assignment, attachment,
or execution.
Settlement of disputes.—Disputes* are decided primarily by a member of the
industrial accident board, whose decision is subject to review by the board,
with limited appeal to the courts.
32
W O R K M E N S COMPENSATION LAWS— UNITED STATES
MICHIGAN
Date of enactment.—March 21). Ml 2: in effect September 1, 1912. Amended
1933. Nos. 50, 79, 150. 259; 1915, Nos. 104. 153, 170, 171; 1917, Nos. 41. 200,
235, 249; 1919, Nos. 04. 110; 1921, Nos. 00, 173, 180.
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 ex
cept officials of the State or of a municipality.
Compensation for death:
(a) The reasonable expense of the last sickness and burial, not exceeding
$200 in addition to any medical services.
(&) To persons wholly dependent, a weekly payment equal to 00 per cent
of the deceased workman's average weekly wages, but not less than
$7 nor more than $34 per week for a period of 300 weeks.
(c) If only partial dependents survive, such proportion of the above as the
amount of previous contributions hears to such earnings.
Payments to children cease at 10, unless mentally or physically
incapacitated from earning.
Compensation for disability:
(a) Reasonable medical and hospital services for the lirst 90 days after
injury.
(b) For total incapacity, a weekly payment equal to GO 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 $7,000.
(c) For partial incapacity, a weekly payment equal to 00 per cent of the
wage loss, but not more than $34 per week, and for not longer
than 500 weeks.
(d) For certain specified injuries (mutilations, etc.), GO per cent <>f the
average weekly earnings for fixed periods, in lieu of other payments.
Payments begin with the eighth day after the iujury, but if the
disability continues for six weeks or longer, compensation is com
puted 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 employers* insurance association organized under State laws, or be
come a member of a State insurance fund administered by the State com
missioner of insurance.
Security of payments.— in case of insolvency, claims constitute a first lien
upon all property of the employer. Employers must furnish proof of financial
ability to pay compensation, or insure.
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 LAWS— MINNESOTA
33
MINNESOTA
Date of enactment.—April 24, 1913; revised March 15, 1921; in effect Jane
1, 1921. Amended 1928, chapters 91, 279, 282, 300, 408; 1925, chapters 161, 175,
219.
Injuries compensated.—Occupational diseases (list), and accidents arising
out of and in course of employment causing disability for more than one week
or death, unless intentionally caused, or due to the intoxication of the injured
person.
Industries covered.—All, including commercial threshermen and balers, ex
cept common carriers by steam railroad and farm and domestic service, in
the absence of contrary election by employers; farmers may elect.
Persons compensated.—Private employment: All employees, in the absence
of contrary elect ion, except those whose work is casual and not in the usual
course of the employer's business. Public employment: Included, except per
sons elected or appointed for regular terms.
Compensation for death:
{a) One hundred and fifty dollars funeral expenses.
(b) To a widow alone, 40 per cent of monthly wages of deceased, increas
ing to 66% per cent if three or more children; to a dependent hus
band 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.
Widow on remarriage receives lump sum not to exceed two years*
benefits if no children under 18: otherwise sum goes to child or
children.
(c) If only partial dependents survive, that proportion of benefits pro
vided for actual dependents which contributions bore to wages.
(<J) When no dependents survive, expenses of last sickness and burial,
and $200 into second iujury fund.
Maximum weekly payment $20, minimum $8, unless wages are less,
then full wages.
Payments continue not over 300 weeks except to widow or child; to
child, cease at 18 unless incapacitated; to others, cease on death
or marriage; maximum in any case. $7,500.
Compensation for disability:
(а) Reasonable medical and surgical treatment, not exceeding 90 days
unless further treatment is ordered on request of employee.
( б) For temporary total disability, 66% per cent of wages for not over
300 weeks.
(o) For permanent total disability, 66% per cent of wages, not over
$10,000.
id) For temporary partial disability, 66% per cent of wage loss, not over
300 weeks.
(c) For specified permanent partial disabilities, 66% per cent of wages
for fixed periods, in addition to other payments, maximum of 400
weeks; for other permanent partial disabilities, not over 300 weeks.
Payments for disability may not be more than $20 mu- less than $8,
unless wages were less, then full wages.
Lump sums may be substituted for periodical payments on consent
of the industrial commission.
Revision of benefits.—No provision. Beneficiaries dissatisfied with the ter
mination of payments may secure a hearing on the subject of continuance.
Insurance.—Required in some authorized company unless exempted on a
showing of financial ability.
Security of payments.—Insured workmen have equitable Hen on any policy
coming due. Payments are made directly to claimants in case of employer’s
incapacity. Claims have same preference as unpaid wages.
Settlement of disputes.—By industrial commission, appeal to supreme court
on questions of law.
34
WORKMEN ’S COMPENSATION LAWS— XJNITKD STATES
MISSOURI
Date of enact mint.—April 30, 1025. Effective: November Hi. 1l>2<1. [De
ferred by referendum.]
Injuries compensated.—injuries by accident arising out of and in the course
of employment causing disability for more than 3 days, or death witliin .‘*00
weeks, unless due to employee's intentional self-inflicted injury.
Industries covered.—All where employer has 10 or more employees, or less
than 10 if declared hazardous, except farm labor and domestic servants, pro
vided employer fails to reject. Employers not included may elect to accept act.
Persons compensated — Private employment. All employees in industries
covered, except rhore earning over $3,600 per annum, casual employees and
outworkers. Public employment: Only if act is adopted by law or ordinance.
Compensation for death:
(a) Burial expenses not to exceed $150, and if not. otherwise covered,
$250 for expenses of last sickness.
(b) To total dependents, two-thirds of average annual earnings multiplied
by 300, in weekly installments, less any disability paymeuts.
(c) To partial dependents on above basis, in proportion to decedent's
contributions, but only when there are no total dependents.
The maximum weekly payment is $20 and minimum $6.
Payments to children cease at 18, unless physically or mentally
incapacitated.
Compensation for disability:
(a) Such medical, surgical, and hospital, etc., treatment as may be rea
sonably required for first 60 days, not exceeding $250 in value,
unless extended by commission.
(b) For temporary total disability, two-thirds of wages for not over 400
weeks; if permanent, at same rate for 300 weeks, then 25 i>er cent
of earnings for life.
(c) For temporary partial disability, two-thirds of wage loss, for not over
100 weeks.
(d) For lKU-manent 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 period,
in lieu of all other compensations; for disfigurements in an amount
not to exceed $1,000.
(e) Except where otherwise limited the maximum weekly payment is $20
per week and the minimum $6.
The commission may commute the compensation to payment by a lump
sum.
Revision of benefits.—Readjustment of compensation may be made by the
commission on its own motion or on application.
Insurance.—An employer under the act must insure his liability for compen
sation in an authorized insurance company or furnish proof of ability to carry
own liability.
Security of payments.—Compensation is not assignable, and is exempt from
attachment, garnishment, and execution, and from set-off or counterclaim,
or any liability for any debt, except approved attorneys* fees, 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 LAWS— MONTANA
35
MONTANA
Date of enactment.—March 8. 19J5: in effect July 1, 1915. Amended 1919,
chapters 95, 100; 1921, chapters 196, 254; 1925, chapters 117, 121.
Injuries compensated.— Injuries arising out of and in course of employment,
resulting from spme 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, transporta
tion, 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 inde
pendent contractors, employed in the industries covered, whether as manual
laborers or otherwise, except casual employees whose work is not in the usual
course of the employer’s business. Public employment: All employees in the
iiK11istries covered.
Compensation for death:
(a ) One hundred and fifty dollars for funeral expenses if death occurs
within six months of injury.
(&) To beneficiaries (widow, widower, child or children under 18, or invalid
child above 18), or to major dependents (father or mother) if no
beneficiaries, 50 per cent of wages of deceased; if none of above, to
minor dependents (brothers or sisters under 18), 30 per cent. Non
resident aliens other than beneficiaries receive nothing unless other
wise provided by treaty, and beneficiaries but 40 per cent of a normal
benefit if nonresident at the lime of the injury (sec. 2915; 50 per cent
in sec. 2894). unless treaty contravenes; nothing if law of alien’s
country would bar citizens of United States from benefits. Term
of payments may not exceed 400 weeks. $15 maximum, $7 minimum;
if wages less than $7. then full wages. Payments cease on remar
riage of widow or widower, or when child, brother, or sister reaches
the age of 18. unless an invalid.
Compensation for disability:
(a) Medical and hospital services during first six months after happening
of injury, nor over $500 in value, unless there is a hospital contract;
special operating fee of $50 for hernia.
(b) For temporary total disability, 50 per cent of wages during disability,
$15 maximum, $7 minimum, unless wages are less than $7, when
full wages will be paid, for not more than 300 weeks.
(c) For permanent total disability, same scale as above for 500 weeks.
(d) For partial disability. 50 per cent of the wage loss, not over $7.50 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
;>crmanent cases, and 50 weeks if temporary.
(e) For specified maimings, 50 per cent of wages but not more than $15
per week nor less than $7 per week unless wages are less, then full
wages, in lieu of all other compensation.
Periodical payments may be converted in whole or in part to lump
sums.
Revision of benefits.—Decisions and awards may be rescinded or amended at
any time by the industrial accident board for good cause.
Insurance.—The employer may carry his own risk on a showing of financial
ability; security may be required for probable liabilities and must be given when
a continuing payment is ascertained. Insurance may be carried in any com
pany authorized to do business in the State, or the employer may contribute
to a State fund.
Security of payments.—In case of bankruptcy, etc., liabilities under this act
are a first lien upon any deposit made by an employer, and if this is not suffi
cient, then on any property of the employer or insurer within the State, and
shall be prorated with other lienable claims.
Settlement of disputes.—By industrial accident board, with limited appeal to
courts.
36
WORKMEN’S COMPENSATION LAWS----UNITED STATES
NEBRASKA
Date of enactment.—April 21, 1913: in effect December 1, 1914. [Deferred
by referendum.] Amended 1917, chapter 85; 1919, chapter 91; 192.1, chapter
122.
Injuries compensated.—Injury causing disability for more than seven days,
or death, caused by accident arising out of and in the course of employment,
except accident caused by or resulting in any degree from willful negligence or
intoxication.
Industries covered.—All industries where one or more persons are employed
by the employer in the regular trade, business, or occupation of the employer,
except domestic service, agriculture, and interstate or foreign commerce, in the
absence of contrary election. Exempt employers may make an affirmative
election.
Persons compensated.—Private employment: All employees, except those
whose work is but casual and not in the usual course of the employer’s business,
and outworkers. Public employment: All persons employed by the State,
or any governmental agency created by it, not elected or appointed for a
regular term.
Compensation for death:
(a) In addition to any other benefits, a reasonable amount not exceeding
$150 to cover expenses of last sickness and burial.
(ft) To persons wholly dependent, 66% per cent of the employee’s wages,
but not less than $6 or full wages nor more than $15 per week,
during dependency, but not exceeding 350 weeks. •
(c) If only partial dependents survive, a proportion of the above corres
ponding 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 18 years,
unless they are physically or mentally incapacitated from earning.
Compensation for disability:
(a) Medical and hospital services as and when needed.
(b) For total disability,
per cent of the weekly wages, but not, move
than $15 nor less than $6 per week or full wages, for 300 weeks;
thereafter, for life or while disability last 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, G6% per cent of loss of earning capacity, but
not exceeding $15 per week nor exceeding 800 weeks.
(<?) For certain specified injuries (mutilations, etc.), 66% per cent: of
wages for fixed periods in addition to 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 compensation 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 beneficiaries and be enforceable in an action by them.
Compensation rights and awards have the same preference against the assets
of the employer as unpaid wages for labor.
Settlement of disputes.—All disputed claims must be submitted to the com
pensation commissioner, from whose award either party may appeal to the
district court of the county, the case to be heard and determined as a cause in
equity, with the right of further appeal to the supreme court
ANALYSTS OF LAWS---- NEVADA
37
NEVADA
Date of enactment—March 24, 1911. in effect July 1, 1911. New act, March
15, 1913; in effect July 1, 1913. Amended 1915, chapter 190; 1917. chapter 233;
1919, chapter 176; 1921. chapters 161, 218; 1923, chapter 106: 1925, chapters
61, 114, 168.
Injuries compensated.—Injuries arising out of and in the course of employ
ment, causing incapacity to earn full wages for more than seven days or
death, except when caused by the employee’s willful intent or intoxication.
Industries covered.—All except domestic and farm labor, provided the em
ployer elects; compulsory as to the State and its municipalities.
Persons compensated.—Private employment: All employees in the industries
covered, 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.
Compensation for death:
(а) Burial expenses not to exceed $150.
( б) To widow or dependent widower, 30 per cent of the average monthly
wages, with 15 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 dependeut brothers or sisters under 18, 20 per cent
for one, and 30 per cent if more than one. Other cases of depend
ency 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 chil
dren cease at 18, unless incapable of self-support.
Payments to nonresident alien beneficiaries, 60 per cent of above.
No excess of wages above $120 per month shall be considered.
No lump-sum settlements are allowed iu case the widow'. dej;K>ndent
children, or other persons are wholly dependent.
Compensation for disability:
(a) Reasonable medical, surgical, and hospital aid for six mouths; may
be extended an additional year by the industrial commission; em
ployer may deduct one-half the cost of an “ accident benefit fund,”
not more than $1 per mouth, from each employee’s wages.
(ft) For temporary total disability, an amount equal to 60 per coat of the
average monthly wages, but not lass than $30 nor more than $<2
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, CO per cent of the average monthly
wage, not less than $30 nor more than $60, payable during life; $30
additional if services of a constant attendant are required.
(d) For temporary partial disability, 60 per cent of the loss of earning
capacity, but not more than $40 per mouth 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 other payments.
No compensation is payable for the first week of disability, but if it
continues one week beyond the first seven days or longer compensa
tion is paid from the date of the injury.
The industrial commission may permit the substitution of lump sums
for monthly payments in an amount not exceeding $5,000.
Revision of benefits.—Readjustment of compensation may be made by the
commission on application therefor.
Insurance.—Employers coming under this act must insure in the State insur
ance fund.
Security of payments.—State management of the insurance fund and col
lection of premiums by the State. Payments are not assignable and are ex
empt from attachment, etc.
Settlement of disputes.—All matters relating to the amount of compensa
tion to be paid are determined by the industrial commission.
38
W O RK M E N ’ S COMPENSATION LAWS— UNITED STATES
NEW HAMPSHIRE
Date of enactment.—April 15, 1011; in effect January 1, 1012. Amended
1023, chapter 01.
Injuries compensated.—Any injury to an employee arising out of and in tlie
course of employment causing disability of over one week, or death, unless due
to willful misconduct, intoxication, or violation of law.
Industries covered.—Industries dangerous to life or limb (enumerated list)*
including the operation and maintenance of steam and electric railroads, work
in shops, mills, factories, etc., employing live 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; provided the employer elects.
Persons compensated.— Private employment: All workmen engaged in any of
the employments covered by this law. Public employment; Government em
ployees are not mentioned.
Compensation for death:
(a) To persons wholly dependent, a sum equal to 150 t«mes the average
weekly earnings of the deceased, not to exceed $3,000.
(b) If only partial dependents survive, such proportion of the above com
pensation as corresponds to the portion of wages contributed to their
support.
(c) If no dependents are left, expenses of medical care and burial to a
reasonable amount, not in excess of $100.
Compensation for disability:
(a) Reasonable medical and hospital services during the first 14 days after
injury.
(b) For total disability, a sum not exceeding 50 per cent of average weekly
earnings.
(e) 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 $15 a week nor run for a longer
period than 300 weeks.
The court may determine the amount of lump sums payable as a substi
tute for weekly payments.
Revision of benefits.—The injured person, when requested by the employer,
must submit to medical examination not oftener than once a week.
Insuranee.—No provision.
Security of 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
employer as is allowed for unpaid wages or personal services.
Settlement of disputes.—All questions not settled by agreement are deter
mined by an action in equity.
ANALYSIS OP LAWS— NEW JERSEY
39
NEW JERSEY
Date of enactment.—April 4, 1911; in effect July 1, 1911. Amended 1913,
chapter 174; 1914, chapter 244; 1919, chapter 93; 1921, chapters 85, 230; 1922,
chapter 245; 1923, chapter 49; 1924, chapters 124, 159; 1925, chapter 163; 1920,
chapter 31.
Injuries compensated.—Injury l>y accident arising out* of and in the course
of employment causing disability of over 7 days, or death, unless intentionally
self-inflicted or due to intoxication, and designated occupational diseases.
Industries covered.—All employments in the absence of contrary election.
Persons compensated.—Private employment: All employees exeept casual.
Public employment: Every employee of the Slate, municipality, etc., except
persons receiving a salary greater than $1,200 per year, and those holding an
elective office.
Compensation for death:
{a) The expense of the last sickness not exceeding $100. and not exceed$150 for burial.
(b) 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 (50 per cent, payable for not more than 300 weeks
except, to dependents under 10, to whom payments continue. Com
pensation not to be less than $8 or full wages, nor more than $17
per week.
Payments to all dependents cease at death, to widows on remarriage,
and to orphans on reaching the age of 16.
A lump-sum payment may be substituted at the discretion of the
court of common pleas.
Compensation for disability:
(a) Medical, surgical as necessary, and hospital services, not exceeding
$100 in value, which may be extended on application to bureau.
(b) For temporary disability 66% per cent of wages, payable during
disability, but not beyond 300 weeks.
(c) For permanent total disability, 66% per cent of wages during such
disability, not beyond 400 weeks.
(d) For certain specific injuries (mutilations, etc.) producing partial
but permanent disabilities, 66% per cent of wages during fixed pe
riods. in addition to payments for any period of total disability.
Compensation is paid from the date of the injury if disability lasts
more than 7 weeks.
All weekly payments are subject to a minimum of $8 per week or full
wages if less, and a maximum of $17 per week.
A lump-sum payment may be substituted at the discretion of the
workmen's compensation bureau.
Revision of benefits.—At any time after one year from the time an award is
made either party may demand a revision of benefits on the ground of change
of condition.
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 his own in
surance, or to be insured in an authorized company; the insurance provision
does not apply to farm laborers or domestic service.
Security of 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 compensation has the same preference against the assets of the
employer as is now or may hereafter be allowed by law for a claim for un
paid wages.
Settlement of 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.
40
W O R K M E N ^ COMPENSATION LAWS— UNITED STATES
NEW MEXICO
Date of enactment.—March 18, 1917; in effect June 8, 1917. Amended 19*9,
chapter 44; 1921, chapter 184.
Injuries compensated.—Injury by accident arising out of and in course of
employment, causing disability for more than 10 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 of employee 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 foot
above ground, the act applies without regard to the number of employees.
Other occupations may be included by joint written agreement.
Persons comp emoted.—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.
Compensation for death:
(а) Seventy-five dollars for funeral expenses If death occurs as a proxi
mate result.
( б) Forty per cent of earnings to dej»eiident widow or widower alone, with
5 per cent additional for each child: 25 per cent to one or t'vo
orphans. 10 per cent additional for each additional child, totals in
either case not to exceed 60 per cent. If no spouse or child sur
vives, a parent or parents in any degree dependent receive 20 per
cent: if none of the foregoing survive and there are brothers or
sisters in auy 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 tbe
debased 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 dei>endent. the adoption of an infant, or his be
coming self-supporting before reaching 18 years of age.
The earnings upon which death benefits are computed shall be taken
as not above $80 per week, nor less thau $12 per week except where
the earnings are less than $12 per week, then the amount of the
earnings.
Compensation for disability:
(a) Medical, surgical, and hospital services for the first 10 days, not over
$150 in value, unless an adequate scheme of hospital service has
been provided for, in which case such scheme shall be followed out
( b) For total disability, 50 per cent of the workman’s earnings, for a term
not to exceed 520 weeks.
(c) For permanent partial disability. 50 per cent of earnings for specified
injuries, for various periods ranging from 3 to 150 weeks, in addi
tion to payments for any period of total disability; other cases to
be compensated proportionately; disfigurement, not over $500.
Weekly benefits shall be not more than $12 nor less than $6 per week,
unless the earnings are less than $6, then full wages.
Lump-sum settlements may be approved for part or all the benefits,
for either disability or death.
Revision of benefits.—The employer may at any time require a medical ex
amination 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 certificate of financial ability is obtained.
Securities 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 summary as far as possible. Appeals lie to the supreme court.
ANALYSIS OP IjAWS— NEW YORK
41
NEW YORK
Date of enactment.—December 16, 1013: In effect July 1, 1914. Revised April
13, 1922; in effect July 1, 1922. Amended several acts each year.
Injuries compensated.—Accidental Injuries arising out of and in course of
employment, causing disability for more than one week, or death, unless caused
by the willful intention of the Injured employee or by his intoxication while on
duty; also disfigurements and specified occupational diseases.
Industries covered.—“ Hazardous employments,” extensive list; all other em
ployments in which four or more workmen or operatives are regularly employed,
domestic and farm labor excepted. Employments not listed, including employ
ments not for gain, may be brought under the act by voluntary action.
Persons compensated.—Private employment: All employees in industries cov
ered. Public employment: Included. Nonresident beneficiaries limited to wife,
children, and dependent parents.
Compensation for death:
(a) Two hundred dollars for funeral expenses.
(&) To a widow or dependent widower alone, 30 per cent of wages, 10 per
cent, additional for each child under 18; orphans and dependent
grandchildren, brothers or sisters under 18 receive 15 per cent each;
dependent parents or grandparents, 25 per cent each. Aggregate
payments in no case may exceed 66% per cent.
(o) Payments to widow or widower cease on death or remarriage or wheu
dependence of widower ceases, with two years’ compensation on
remarriage; payments to children, grandchildren, brothers, and sis
ters cease at 18, and to parents when dependence ceases.
No wages in excess of $150 per month are considered iu computing
benefits.
If no dependents, $1,000 to special funds.
Compensation for disability:
(а) Medical and surgical treatment, apparatus, and hospital services as
required, costs to be approved by the commission.
( б) For total disability, 66% per cent of wages during continuance, limited
to $3,500 in temporary eases.
(o) For partial disability, 66% per cent of wage loss, total not over $3,500
if temporary; for specified permanent partial disabilities, 66% per
cent of wages for fixed periods, plus fixed healing time; separate
provision for disfigurements; also allowance for rehabilitation.
Payments may not be more than $20 nor less than $8 per week unless
wages are less, then full wages.
If disability lasts more than 49 days, compensation is payable from
date of injury.
Periodical payments may be commuted to one or more lump sums if
the board deems it advisable iu the interests of justice.
Revision of benefits.—Awards may be reviewed at any time and ended or
increased or decreased within the limits fixed.
Insurance.—Required in State fund or approved company* or proof of fiikancial ability to make payments (securities may bo required).
Security of payments.—Insurance enforceable directly for benefit of claim
ants ; insolvency of employer no release to insurer. Payments have same pref
erence as unpaid wages, without limit as to amount.
Settlement of disputes.—Settled by State industrial board, limited appeal to
courts.
42
w o r k m e n ’ s c o m p e n s a t io n l a w s — u n it e d sta te s
NORTH DAKOTA
Date of enactment.—Approved March 5. 1010; effective July 1. 1910, chapter
102. Amended special session of 1919, chapter 73. and each year.
Injuries compensated.—Injuries arising in the course of the employment
causing disability for more than seven days or death within six 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. Employments not classed as hazardous may elect.
Persons compensated.—Private employment: All persons engaged in hazard
ous occupations, including minors, apprentices, and aliens, but excluding casual
employees whose work is both casual and not in the course of the employer’s
business, and executives receiving more than $2,400 per year. Public employ
ment: All employees of the State or any political subdivision thereof.
Compensation for death:
(a) Burial expenses not to exceed $150.
(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 06%
per cent of the average weekly wages. Upon remarriage of widow
she shall receive 350 weeks’ compensation in a lump sum.
To .orphans under 18. 25 i>er cent for one and 30 per cent for each
additional not to exceed 60% 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 is,
then such amount as not to exceed in all 66% 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 more than
one. 30 per cent: to be equally divided, to continue for eight years or
until death, marriage, or termination of dependency.
To partial dependents, 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.
Compensation for 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, during disability.
(d) For permanent partial disability, 66% per cent of weekly wages for
fixed periods determined by percentages of total disability.
Compensation is paid from date of the injury if disability continues
beyond seven days.
The maximum weekly payment is $20, minimum $6, or full wages.
Lump-sum payments may be made instead of weekly payments when
bureau thinks it to be to the best interest of the beneficiary.
Revision of benefits.—Bureau may review at any time, on its own motion or
on application.
Insurance.—Insurance in the State fund is required of ail employers in
hazardous work.
Security of payments.—Fund is administered by workmen's compensation
bureau. Agreements to waive rights to compensation are invalid, and all
assignments of compensation are void. Compensation is exempt from claims
of creditors.
Settlements of disputes.—All disputes are settled by the workmen’s compen
sation bureau, with limited appeal to the district courts.
ANALYSIS OF LAWS---- OHIO
43
OHIO
Date of enactment.—June 15. 1911; iu effect January 1, 1912. Amended
each session.
Injuries compensated.—All injuries, not self-inflicted, received in the course
of employment, causing disability beyond one week, or death.
Industries covered.—All industries employing three or more persons regu
larly in the same business; also establishments with less than three workmen,
if the employer elects to pay the premiums provided by this act.
Person* compensated.—Private employment: All employees excluding per
sons whose employment is but casual and not in usual course of trade or busi
ness of employer but including aliens and minors. Public employment: Per
sons in the service of the State, or its political subdivisions, excepting the offi
cials of the State or municipal governments, and policemen and flremen in
cities where pension funds are established aud maintained.
Compensation for death:
(« ) Burial expenses not to exceed $150.
(b) To persons wholly dependent, 0(5% per cent of the average weekly
earnings of the deceased workman, not to exceed $18.75 weekly, for
eight years, not less than $2,000 nor more than $6,500.
(c) If only partial dependents survive, a proportionate sum, not to exceed
$18.75 weekly, for such period, not over eight years, as the industrial
commission may determine, not over $6,500 in all.
(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:
(a) Medical, hospital, etc., services, not to exceed $200, but more may be
allowed in unusual cases of actual necessity.
(b) For temporary total disability, a weekly payment of 66% per cent of
average weekly wages, during disability, not less thaq $5 nor more
than $18.75 per week, but not for longer than six years, nor exceed
ing $3.150.
(c) For permanent total disability, a weekly payment as above, continu
ing until death.
id) For partial disability, 66% per cent of loss of earning capacity, dur
ing the continuance thereof, but not exceeding $18.75 per week, or a
total of $3,750.
(e) Tn certain specified injuries (mutilations, etc.), compensation of 66%
per cent of wages, for fixed periods, with the same limitations as
noted above. Special provision for disfigurement.
Payments under (d) and (e) are in addition to payments during tem
porary total disability.
In all cases, if wages are less than prescribed minimum, then total
wages arc paid as compensation; an expected increase in wages
may be given consideration.
The commission may commute future payments to one or more lump sums
under special circumstances.
Revision of benefits.—The industrial commission may from time to time
make such changes 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 insur
ance fund. Noninsuring employers may be required to give security or bond
to guarantee the payment of benefits falling due.
Security of payments.—Insurance is under *State control. Claims for com
pensation under this law have the same preference against the assets of the
employer as 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 re
served to the claimant.
1965°—26------ 4
44
W O R K M E N S COMPENSATION LAWS— UNITED STATES
OKLAHOMA
Date of enactment.—March 22. 1015; iu effect September 1, 1915. Amended
1919, chapter 14; 1923, chapter 61.
Injuries compensated.—Personal injuries causing disability for more than
five days arising out of and in course of employment, not due to the willful in
tention of the injured employee to injure himself or another, intoxication, or
willful failure to use statutory safeguard. Fatal injuries not covered.
Industries covered.—“ Hazardous*’ (enumerated list and general clause), in
which two or more persons are employed for pecuniary gain, including work by
State or municipalities; agriculture, horticulture, stock raising, retail stored,
and interstate railways not included.
Persons compensated.---Private employment: Persons engaged in manual
or mechanical work or labor in industries covered. Public employment: Work
men employed for wages in any hazardous work within nieauing of this
act.
Compensation for death.—Fatal injuries not covered.
Compensation far disability:
(а) 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. Special provision for hernia.
( б ) For temporary total disability. 66% i>er cent of average weekly wages
for not more than 300 weeks.
(c) For permanent total disability. 60% i>er cent of average weekly wages
for not more fhan 500 weeks.
(d) For partial disability. 66% per cent of wage loss for not more than 300
weeks; for specified permanent injuries. 66% i>ei* cent of weekly
wages for fixed periods in lieu of other coni])ensation.
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 non
residents may have payments commuted to lump sums equal to onehalf the value of the present worth.
Revision of benefits.—Awards may be reviewed at any time on application
of any paity in interest.
Insurance.—Employer must insure with a stock or mutual company or asso
ciation 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 ap
proved by the commission. Claims can not be assigued. and payments are ex
empt from levy, execution, etc. Deposits with the commission to secure pay
ments may be required of employers or insurers.
Settlement of disputes.—Disputes are co be settled by the industrial com
mission, subject to appeal to the supreme court.
ANALYSIS OF LAWS— OREGON
45
OREGON
Date of enactment.—February 25, 1913; in effect June 30, 1914. [Deferred
by referendum.] Amended each session.
Injuries compensated.—Injuries or death by accident arising out of and in
the course of employment, cxcept those brought about intentionally.
Industries covered.—All hazardous occupations, including factories, mills, and
workshops employing machinery* etc. (enumerated list) ; all in absence of con
trary election. Other employers may accept the law by affirmative election.
Persons compensated.—Private employment: Any workman employed in enu
merated hazardous employmen Ls 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 other
wise provided by treaty. Public employment: State and municipalities, irriga
tion districts, etc., may elect to come under the act.
Payments are exclusively from a State fund, for which the employer deducts
1 cent from employee’s daily earnings, and himself contributes 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.
(&j To widow or invalid widower, a monthly payment of $30, and to each
child under 16 (daughters 18), $8 a month.
(c) To orphans under 16 years of age (daughters 18), a monthly payment
of $15 each.
(d) To other dependents, there being none of the foregoing, a monthly
payment to each of 50 per cent of the average support received dur
ing the preceding year, but not to exceed $30 a month in all.
(e) To parents oi! 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
unmarried at the time of the injury, $30; (2) if with wife or invalid
husband, $35, and $8 additional for each child until 16 years of age.
In case of death during total disability, from whatever cause, death
benefits are payable to widow, widower, or children.
(o) For temporary total disability, 40 to 66% per cent of monthly wages
during disability, maximum $97, minimum $30 if single, or $40 if
dependent spouse, unless wages are less.
(d) For temporary partial disability, a proportionate amount, corre
sponding 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 payments 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 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.
Settlements 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.
46
W O R K M E N ^ COMPENSATION LAWS— UNITED STATES
PENNSYLVANIA
Date of enactment.—June 2, 1915; in effect January 1, 1916. Amended 1917,
Nos. 57, 359, 395; 1919, Nos. 277, 306, 310, 441, 455; 1921, Nos. 67, 342; 1923,
Nos. 29, 432.
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
intentionally self-inflicted or due to the intentional act of a third person for
reasons not connected with the employment.
Industries covered.—All, unless employer makes election to the contrary. A
supplemental 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 regular course of the employer’s business, and outworkers excepted. Public
employment: All employees.
Compensation for death:
(a) One hundred dollars funeral expenses.
(b) Forty per cent of weekly wages to widow or dependent widower, 10
per cent additional for each child, tot’al 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 40 per cent of wages.
(c) Payments cease on death, remarriage of widow or widower, cessation
of dependence of widower, or when a child, brother, or sister attains
the age of 16; not to continue beyond 300 weeks, except for children
under 16, when 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, until age 16. Basic wages are not less than $10 nor more than
$20 weekly.
Upon remarriage a widow is to receive the then value of the compen
sation for one-tliird of the unpaid period.
Compensation for disability:
(a) Reasonable medical and surgical expenses for first 30 days after dis
ability begins, cost not to exceed $100; in addition, hospital treat
ment for 30 days at prevailing costs.
(ft) For total disability, 60 per cent of weekly wages for 500 weeks, $12
maximum, $6 minimum, or full wages, total not to exceed $5,000.
(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, $12 maximum, $6 minimum, or full wages.
Payments may be commuted to a lump sum.
Revision of bencflis.—Agreements and awards may be reviewed by the board
at any time for proper cause.
Insurance.—Employers must insure in the State fund, a stock or mutual
company, or give proof of financial ability.
Security of payments.—Agreements or awards 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 em
ployer’s failure to make payments of benefits.
Settlement of disputes.—Disputes are settled by the workmen’s compensation
board, with appeal to courts.
ANALYSIS OF LAWS— PORTO BICO
47
PORTO RICO
Date of enactment—April 13, 1916; in effect July 1, 1916. Amended, 1917,
No. 9. New act, February 25, 1918; in effect July 1, 1918, amended 1919, Nos.
61, 62; 1920, No. 1; 1921, No. 61; 1925, No. 102.
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, for more than seven days, excepting injuries due to an at
tempt to commit crime or to injure himself, his employer, or another person;
intoxication, or gross negligence, or the criminal act of a third person. Desig
nated occupational diseases included.
Industries covered.—All industries except domestic service.
Persons compensated.—Private employment: All employees of employers cov
ered by the act, clerical employees in offices and commercial establishments
where machinery is not used excepted; also excepting employees whose earn
ings exceed $1,500 per year. Public employment: Included.
Compensation for death.—A compensation of one 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.
Compensation for disability:
( a) Medical attendance, medicines and subsistence as may be prescribed,
also hospital services when necessary.
(b) For temporary disability an amount equal to one-half the weekly
wages, not less than $3 nor more than $15, for not more than 304
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 in
jury, the severity of the injury, and the probabilities of life.
(d) For permanent partial disability, according to a fixed schedule, other
injuries to be compensated according to a corresponding disability
named in the schedule, no payment to exceed $2,000.
Revision of benefits.—No provision.
Insurance.—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
commission, with limited appeal to the courts.
48
W O RK M E N ’ S COMPENSATION LAWS— UNITED STATES
RHODE ISLAND
Date of enactment—April 29, 1912; in effect October 1, 1912. Amended,
1913, chapter 987; 1915, chapter 1268; 1917, chapter 1584; 1919, chapter 1795;
1920, chapter 1900; 1921, chapters 2086, 2095; 192G, chapter 764.
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 one week, or death, except where the injury resulted from
the willful intention of the injured person to injure himself or another, or
from intoxication.
Industrie* covered.—All industries except domestic service and agriculture,
if the employer elects. Defenses in suits for damages are not abrogated un
less more than five persons are employed. Excepted employments may ac
cept act.
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 employers business, and those earning above $8,000 a year excepted.
Public employment: Employees of the State, and such classes of employees of
cities and towns electing to accept the act as are designated in the act of ac
ceptance, not including members of organized lire and police departments.
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
$6 nor more than $14 per week, for a period of 800 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 exeeedng 800 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 un
less they are physically or mentally incapacitated.
Compensation for disability:
(а) The necessary medical and hospital services for the first eight weeks
after the injury, to cost not over $150.
( б) For total incapacity, a weekly payment equal to one-half the wages,
but not less than $7 nor more than $16 per week, during such in
capacity, but not for longer 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 nor less than $4 per
week, during such incapacity, and not for longer than 800 weeks.
(4) For certain specified injuries (mutilations, etc.). in uddition to the
above, oue-lialf the wages, weekly payments to be not less than $4
nor more than $10 per week, for fixed periods.
Payments begin on the eighth day, but if the incapacity extends be
yond 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.
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.— Fiinployers 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 Hen on any sum due from insurers to the employer on any policy.
Settlement of disputes.—Disputes are settled by the superior court on a pe*
tition in the nature of a petition in equity, filed by any party in interest. Ap*
peals may be carried to the supreme court by any aggrieved person.
ANALYSIS OP LAWS— SOUTH DAKOTA
49
SOUTH DAKOTA
Date of enactment.—Marcli 10. 1917; in effect June 1, 1917. Amended each
session.
Injuries compensated.—Injuries by accident arising out of and in course of
employment, causing disability for more than 10 days or death, not due to in
toxication or willful misconduct.
Industries covered.—All except agricultural and domestic service, in the ab
sence of contrary election; compulsory as to commercial threshing of grain.
Exempt occupations may come in by voluntary election.
Persons compensated.—Private employment: All persons in service under a
contract of hire or apprenticeship, except those whose employment is both
casual and not in the usual course of the business or trade o f the employer.
Public employees: Employees of the State and its municipalities are included.
Compensation in case of death:
(а) To n dependent widow, child, or children, a sum equal to four times
the average annual earnings of the deceased person, not less than
$.1,050 nor more than $3,000; if none of these, similar amounts may
be paid to a dependent parent, grandparent, brother, or sister. If
there are none of the foregoing, collateral dependent heirs may re
ceive such a percentage of the same amount as the deceased work
man’s contributions to their support during the preceding two years
are of his earnings during such period.
( б) If there are no dependents, the employer shall pay burial expenses
in an amount not exceeding $150.
Payments cease on the death of a beneficiary or the remarriage of a
widow; but if there are dependent children, amounts otherwise due
her go to the children.
Dependents not residents of the United States at the time of deatli
receive nothing.
Compensation far disability:
(а) Necessary medical, surgical, and hospital services for not more than
12 weeks nor in an amount above $150.
( б) For total disability, 55 per cent of the weekly earnings, not more
than $15 nor less than $7.50, unless earnings are less, then full
wages, until four years* earnings are paid, not to exceed $3,000.
(c) For i>artial disability 50 per cent of the wage loss, not over $15
weekly, for not longer than six years; for specified injuries pay
ments are to be made of 55 per cent of the wages for fixed periods,
in addition to the amount paid during any period of total disability.
(d) For serious and permanent disfigurement not giving rise to other
awards, an award of not more than one year’s earnings.
No payment is made for disability of not more than 10 days’ dura
tion, but if it continues for 6 weeks or more, compensation is pay
able 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 commis
sioner 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
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
industrial commissioner acting as chairman. If review is claimed, the com
missioner may revise the decision or refer it back to the arbitration board.
Appeal lies to the courts only on questions of law.
50
W O RK M E N ’ S COMPENSATION LAWS— UNITED STATES
TENNESSEE
Date of enactment.—April 15, 1919; effective July 1. 1919. Amended 1923,
chapter 84.
Injuries compensated.—Injury by accident arising out of and in course of
the employment, causing disability for more than one week, or death, not due
to employee’s intoxication, willful misconduct, or intentional self-inflicted in
jury, or refusal to use a safety appliance or perform a duty required by law.
Industries covered.—All employing live or more persons, except common car
riers while engaged in interstate commerce and domestic and agricultural
service. Small employers and the State and its municipalities may elect.
Persons 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.
Compensation for death:
( a) Burial expenses not to exceed #100.
(b) To widow, 30 per cent; with oue child, 40 per cent; two or more chil
dren, 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 de
pendent parents, 35 per cent. One grandparent, sister, brother,
mother, or father-in-law, 20 per cent; two or more, 25 per cent, of
the average1weekly wages, in the order named.
(c) If only partial dependents survive, a proportion of the above corre
sponding to the relation of the contribution of the deceased to the
total income of such dependents.
Payments to children (apparently) cease upon their reaching the age
of 18 years; to other dependents, on death or marriage; not over
400 weeks.
The maximum weekly compensation is $.15 }>er week and the minimum
$5, unless wages are less than $5, when full wages are paid.
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 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.
(d) For temporary partial disability, 50 per cent of wage loss for not over
100 weeks.
(e) 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.
Payments are to begin on the fifteenth day; if disability continues for
more than six weeks, they date from the injury.
Payments may not exceed $15 per week nor be less than $5, unless
wages are less, 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, oil
application of one party.
Insurance.—Insurance is required in an authorized insurance company or
association, or bond or proof of financial ability to make payments; State
fund for coal mining.
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 LAWS— TEXAS
TEXAS
Date of enactment.—April 16, 1913; in effect September 1, 1913. Amended
1917, chapter 103; 1921, chapter 115; 1923, chapter 177.
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, unlcAis the employment is specially exposing, nor to the inten
tional 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 common carriers, and vessels in interstate and foreign commerce.
Persona compensated.—Private employment: All employees in industries in
cluded, except those not in the usual course of the employer’s trade or business.
Public employment: No provision.
Compensation for death:
(a) To the legal beneficiaries of the deceased employee, a weekly payment
equal to 60 per cent of his wages, not less than $7 nor more than $20,
for a period of 360 weeks, distributed according to law governing
property distribution.
(b) 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 four weeks; hospital care for two
weeks additional if necessary.
(b) For total incapacity, a compensation equal to 60 per cent of the aver
age weekly wages of the injured person, but not less than $7 nor
more than $20 per week, during such disability, but not exceeding a
period of 401 weeks.
(o) For partial incapacity, a compensation equal to 60 per cent of the loss
of earning power during such disability, in no case to exceed $20 per
week, but not exceeding 300 weeks, or for both partial and total dis
ability, 401 weeks.
(d) For certain specific injuries (mutilations, etc.), compensation equal
to 60 per cent of the average weekly wages of the injured per
son, for fixed periods, not less than $7 nor more than $20 per week,
in lieu of all other compensation; proportionate for others, including
disfigurement.
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.—Employees come under the law only by taking insurance, which
may be effected through the Texas Employers* Insurance Association, or in any
company admitted to do business in the State.
Security of payments.—Compensation is payable directly by the insurance
association. Policies in other companies are subject to the provisions of the.
act. All benefits 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 juris
diction.
52
W O RK M E N ’ S COMPENSATION LAW 3— UNITED STATES
UTAH
Date of enactment.—March 15, 1917; in effect July 1, 1917. Amended 19.19,
chapter 63; 1921, chapter 67; 1923, chapters 44, 64; 1925 chapters 73, 80.
Injuries compensated.—Injuries by accident arising out of or in course of
employment, causing disability for more than three days, or death within three
years.
Industries covered.—Compulsorily, all except agriculture and domestic serv
ice, 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, 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, in
cluding regular members of the police and fire departments of cities and towns.
Compensation for death:
(a) Funeral expenses, not exceeding $150.
(b) To persona wholly dependent, 60 per cent of the average weekly earn
ings of the deceased employees, not to exceed $16, for not over six
years, $2,000 minimum, $5,000 maximum; benefits may be extended
indefinitely in discretion of commission.
(c) To persons partly dependent, the same amount, subject to the same
limits as to maximum, for all or such part of the period of six
years as the commission 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 ik> dependents the employer or his insurer must pay,
in addition to medical and funeral expenses, 20 per cent of a death
benefit into the State treasury for a second-injury and total-dependents* fund.
Nonresident aliens, except in Canada, receive one-half benefits.
Compensation for disability:
(а) Such medical, nurse, and hospital services and medicines as the em
ployer or insurer may deem proper, not over $500 in value.
( б) For permanent total disability, 60 per cent of average weekly wages
for five years, and 45 i>er cent thereafter until death, $16 maximum,
$7 minimum.
(c) For temporary total disability 60 per cent of weekly wages for six
years, not to exceed $5,000: $16 maximum, $7 minimum, or actual
wages.
(<fc) For partial disability, 60 per cent of the weekly wage loss, not over
$16 per week, for not more than six years, nor $5,000. 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 disfigure
ment or injuries not enumerated.
Any periodical payment under special circumstances may be com
muted 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 com
mission, with limited appeal to the courts.
ANALYSTS OF LAWS— VERMONT
53
VERMONT
Date of enactment.—April 1, 1915; in effect July 1, 1915. Amended each
session.
Injuries compensated.—Personal injury causing disability for more than
seven days, or death within two years, arising out of and in course of employ
ment, not due to the employee's willful intention to injure himself or another,
his intoxication, or failure to use a safety appliance.
Industries covcrcd.—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 serv
ice under municipalities 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 employees: All except elective, and those receiving in excess
of $2,000 annually.
Compensation for death:
(a) One hundred dollars for funeral expenses if death occurs within two
years.
(ft) Thirty-three and one-third 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; to orphans, 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 i>er cent of
wages.
(<*) Payments to widow cease on death or remarriage; to widower on
remarriage or cessation of dependency; to children on reaching age
of J.8 unless incapable of self-support, in no case to exceed 2G0 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. $J5 maximum. $6 minimum, or full wages, total not to ox coed
$4,000.
(r) For partial disability, 50 jwr cent of wage loss, maximum $10. for not
more than 200 weeks.
(d) For certain specified injuries, 50 per cent of weekly wages, but not more
than $15 nor less than $6, or full wages, for designated periods, fol
lowing the period of total disability, the total not to exceed 200
weeks. Special provisions for hernia.
Payments may be commuted to one or more lump sums in any case.
Nerision 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 com
pany ; 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.
54
W O RK M E N ’ S COMPENSATION LAWS---- UNITED STATES
VIRGINIA
Date of enactment.—March 21, 10.1.8, chapter 400; in effect January 1, 1019.
Amended each session.
Injuries compensated.—Injuries caused by accident arising out of and in
course of 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 perform some duty required by law or to obey a rule of the
employer, and causing disability for more than 10 days or death within 0
years.
Industries covered.—All employing regularly more than 10 persons, in ab
sence of contrary election, domestic and farm labor and interstate commerce
and intrastate common carriers usiug steam excepted.
Persons compensated.—Private employment: All employees of employers
under the act who do not them.selves make a contrary election, including
minors and apprenrices, except employees whose employment is not in the
usual course of the employers business. Public employment: All employees.
Compensation for death:
(a) Burial expenses not exceeding $100; if no dependents, $150.
(ft) To persons wholly dependent a weekly payment equal to one-lialf
the average weekly wages of the deceased; $12 maximum, $6 mini
mum.
(c) If only partial dei>endents survive, such proportion of the above as
the amount contributed bears to the annual earnings of the deceased
employee.
(d) Payments may not extend beyond a period of 300 weeks, nor to chil
dren after they attain the age of 18 years, unless physically or
mentally incapacitated. Payments to a widow or widower are, on
remarriage, to be divided among other dependents, if any.
Compensation to alien dependents (Canada excepted) may not exceed
$1,000.
The tolal comi>ensalion may not exceed $4,500.
Compensation for disability:
(a ) Necessary medical attention for the first 60 days; additional services,
including surgical and hospital services and supplies, may be fur
nished at the employer's option, and must be accepted unless the
industrial commission orders otherwise.
(b) For total disability, one-half the weekly wages, not more than $12
nor less than $6 per week, for not more than 500 weeks, the total
not to exceed $4,500.
(c) For partial disability, one-lialf the wage loss, not more than $12 per
week, for not more than 300 weeks; for specified injuries (loss of
member or members) 50 per cent of the wages for fixed periods,
maximum $12, minimum $6. Disfigurement not over 60 weeks.
Lump sums may be substituted for periodic payments in any case
after 26 weeks on agreement of the parties and the approval of the
industrial commission.
Revision of benefits.—The industrial commission may review ail award on
its own motion before a judicial determination, or at any time on the applica
tion of a party in interest on the ground of a change in condition.
Insurance.—Every employer coming under the act must insure in a stock
or mutual company, or in a State fund (none provided for), or furnish satis
factory 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 OP LAWS— WASHINGTON
55
WASHINGTON
Date of cnactmcnt.—March 14, 1011; in effect October 1, 1911. Amended,
each year.
Injuries compensated.—Injuries causing disability for more than three 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
ex Irahazardous work.
Persons compensated.—Private employment: All employees in industries cov
ered by the act; including employers on the pay roll at a rate not less than
the average named in such pay roll. Public employment; All employees in in
dustries covered by the act.
Compensation for death:
(a) Expenses of burial not to exceed $.100 if unmarried, $150 if widow or
child survives.
(b) To widow or invalid widower, a monthly payment of $35 with addi
tional sums for each child under 16; $12.50 for first, $7.50 for
second, and $5 for each othejr child.
A widow receives in addition to monthly payments a lump sum of $250.
(c) If no parent survives, a monthly payment of $25 to each child under
16 years of age, the total not to exceed $75 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 mouth.
(e) To the parent or parents of an unmarried minor a monthly payment
of $20 until the time he would have been 21. In case of dependence
payments to parents of minors are governed by ((f).
Payments to a widow or widower cease on death or remarriage, and
to a child on reaching the age of 16 years. If a widow remarries, she
receives a lump sum of $240.
Compensation for disability:
(а) Proper medical, etc., services and care during the period of disability,
if temporary; if permanent, until awards are made. Employees con
tribute one-half to medical aid fund.
(D) For permanent total disability: (1) If unmarried, $35 per month; (2)
if wife or invalid husband, but no child, $40 a month; if husband is
not an invalid, $20; (3) if married, or a widow or widower with
child or children under 16 years, $12.50 for first, $7.50 for second,
and $5 a month additional for each other child; if constant attend
ance is required, $25 per month additional. In case of death from
whatever cause, while totally disabled, death benefits accrue as above.
(e) For temporary total disability, payments as for permanent total dis
ability 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
continues in proportion to loss of earning power, if over 5 per cent.
(б) For specified permanent partial disabilities, lump sums up to $2,400,
in lieu of other payments, other disabilities to be compensated pro
portionately ; parents of an unmarried injured minor receive in
addition 10 per cent of the award to such minor.
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; appeal as in other civil cases.
56
W O RK M E N ’ S COMPENSATION LAWS— UNITED STATES
WEST VIRGINIA
Date of enactment.—February 22, 191S; iu effect October 1, 1913. Amended
1915, chapter 9; extra session 19.13, chapter 1; 1919, chapter 331; 1923, chapter
58; 1925, chapter 68.
Injuries compensated.—All personal injuries not the result of willful miscon
duct 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 cot'ered.—All except domestic or agricultural labor, including the
State and all government agneies.
Persons compensated.—Private employment: All employees iu industries cov
ered, including aliens, except members of firms, persons not legally employed,
and the officers and managers of corporations. Public employment: Included,
except elective officials.
Compensation for death:
(or) Reasonable funeral expenses, nor to exceed $150.
(b) To the widow or invalid widower. $30 per month, and $5 per month
additional for each child under the age of 16 years: orphans.•$10
each per month.
(c) To other persons wholly dependent, if no widow, invalid widower, or
child under the age of 16 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. (56% per
cent of the earnings, not to exceed $7 per week for such portion of i>
years as the commissioner may determine; if the parents were only
partially dependent or deceased was under 16 years of age. then
until the time when he would have become 21.
(e) If only partial dependenrs survive, a compensation computed as in (<?>.
with the same maximum.
Payments to a widow or widower cease on remarriage, and to children
on reaching the age of 16 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 2o per cent of balance of 10 years’ benefits.
Compensation for disability:
(а) Medical, surgical, and hospital services, not exceeding $8(>0: special
treatment to reduce percentage of total disability maximum. $600.
( б) For temporary total disability, during such disability. 66% per cent of
the average weekly enrnings for not exceeding 52 weeks, except that
for certain ununifed fractures, etc.. the period may be 78 weeks.
(c) For permanent disability. 66% per cent of wages for periods varying
with degree of disability ‘ from 2 to 85 per cent, with special sched
ule for maimings), periods ranging from 8 to 340 weeks: above 85 to
100 per cenl disability. 66% 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 $8 minimum, $16 maximum.
Revision of benefits.—Awards may be modified at any time.
Insurance.—Insurance is effected through a State fund under the control of
the compensation commissioner, or employers of approved ability may carry
own risks, giving bond for performance of requirements not less than those of
the law, without contributions from their employees.
Security of payments.—Payments may be made only to beneficiaries, and are
exempt from claims of creditors or attachment or execution.
Settlement of disputes.—Disputes are settled by the commissioner; limited
appeal to the supreme court of appeals.
ANALYSIS OF LAWS— WISCONSIN
57
WISCONSIN
Date of enactment.—May 3, 1911; in effect same date. Amended each session.
Injuries compensated.—Personal injury by accident causing disability of at
least one week. or death, growing out of and incidental to the employment, not
intentionally self-inflicted ; occupational diseases included.
Industries covered.—All, if employer elects; election presumed if three or
more employees, agriculture and railroads excepted; railroads accept by joint
election. Compulsory as to State and its municipalities.
Persons compensated.—Private employment: Ail employees except those not
employed in the usual trade, business, or occupation of the employer, in the
absence of contrary election. Public employment: All employees of the State
or its political subdivisions* officials excepted.
Compensation for death:
(a) The reasonable expense of burial, not exceeding $200.
(b) To person s wholly dependent, a sum equal to four years* earnings,
but not to exceed a total disability benefit. Annual earnings, $1,400
maximum. $525 minimum.
(c) If only partial dependents survive, a sum not to exceed two years*
earnings or four times contribution during preceding year.
All payments to be made in weekly installments equal to 05 per cent
of average earnings. Benefits for death reduced 1" per cent if d'.ie
to intoxication, and increased a like amount if due to employer's
failure to comply with a law or lawful order.
Dependence of children ceases at 18, unless incapacitated.
If no total dependents, four years’ earnings, $1,000 maximum, must
be paid to a special dependency fund.
Compensation for disability:
(a) Medical, surgical, and hospital treatment for 90 days, and for such
additional time as will in the judgment of the commission lesson
period of compensation: artificial members are also to be supplied.
(&) For total disability. 65 per cent of the average weekly earnings dur
ing such disability for not over 1.000 weeks for employees under 31
years of age, reduced for older employees.
(c) For permanent partial disability due to major injuries, a proportionate
amount of a total disability indemnity, in addition to hcaiing time;
for specified lesser injuries a sum equal to 65 ]>er cent of average
weekly wages for fixed periods, ranging from 5 to 50 weeks, in lien
of other payments, unless healing period is prolonged.
(<J) For serious permanent disfigurement compensation may be allowed,
not exceeding one years earnings.
In case of temporary or partial disability the aggregate compensa
tion for a single injury shall not exceed four years’ earnings: per
manent total disability payments run from 280 to 1,000 weeks, ac
cording to age of injured person. Compensation is reduced 15 per
cent if injury was due to intoxication, and increased in like amount
if due to the employer’s failure to comply with a law or lawful order.
Lump-sum payments may be substituted at any time after six months
from the date of injury.
For certain maimings. employer pays $150 into second injury fund.
Revision of benefits.—The commission may change any order or award with
in 20 days if a mistake is discovered; appeals to court within 30 days.
Insurance.—Required in approved companies or proof of financial ability.
Security of payments.—Claims have the same preference as claims for labor,
and are nonassignable and exempt from attachment or execution. The com
mission may require security for payments running six months or more.
Settlement of disputes.—By the industrial commission; limited review by
the courts.
58
W O RK M EN ’ S COMPENSATION LAWS— UNITED STATES
WYOMING
Date of enactment.—Chapter 124, February 27, 1915; in effect April 1, 3915.
Amended, 1917, chapter 69; 1919, chapter 117; 1925, chapter 324.
Injuries compensated.—Personal injury causing disability for more than 7
days, or death, as a result of employment and not due to the culpable negli
gence 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.—Extrahazardous (enumerated list) ; interstate railroads,
domestic service, agriculture and stock raising are excepted.
Persons compensated.—Private‘employment: All employees in industries cov
ered ; persons whose employment is purely casual and not for the purpose of
the employer's business, clerical workers not exposed to the hazards of the
employment, and officials excepted. Public employment: All employees in
classes of employment designated; sheriffs, constables, and their deputies are
expressly excluded.
Compensation for death:
( a) .$150 for funeral expenses, unless other arrangements exist under
agreement.
(&) Lump-sum payments of $2,000 to widow or invalid widower, and addi
tional sum, equal to $120 per year, until the age of 16 is reached for
each boy, and 18 for each girl, the total for children not to exceed
$3,600. If there are dependent parents and no spouse and no boy
under 16, or girl under 18, a sum not exceeding $1,000.
Payments to nonresident alien beneficiaries are limited to 33% per cent
of the amounts above provided, and only the widow, sons under 16
years of age, daughters under 18, and parents are considered.
Compensation for disability:
(a) In eases of total disability and permanent partial disability, medical
attention and care in a hospital, maximum $300, unless other ar
rangement exists.
( b) For permanent total disability, lump sum of $4,000 if single or with
wife or invalid husband, and a sum equal to $120 per year for each
son under 16, and each daughter under 18, the total for children not
to exceed $4,000.
(c) For temporary total disability, $50 per month if single, $60 if married,
and $7.50 monthly for each child under 16, the total monthly pay
ment not to exceed $90, and the aggregate not to exceed the amount
payable if the disability were permanent.
(tf) For permanent partial disability, fixed lump sums, from $150 to $1,500,
for specified injuries in addition to other payments; others in pro
portion.
No payments are made for the first 7 days unless disability continues
for more than 21 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 assign
able or subject to execution, attachment, etc.
Settlement of disputes.—Disputes are settled by the district courts of the
counties, with appeal to the supreme court of the State.
ANALYSIS OF LAWS---- UNITED STATES
59
UNITED STATES—CIVIL EMPLOYEES
Date of enactment.—Public No. 267, September 7, 191.6; in effect same date.
Amended 1919, chapter 7, sec. 11; 1922, chapter 219; 1924, chapter 261; 1926,
Public Act No. .432.
Injuries compensated.—Personal injuries sustained while in the performance
of duty, not duo to intoxication, willful misconduct, or intention to bring about
injury, causing death within 6 years, or disability for more than three days,
including diseases proximately caused by the employment.
Industries covered.—All civilian employments of the United States Govern
ment, of the District of Columbia, and the Panama Railroad Co.
Persons compensated.—All civil employees of the United States, of the Dis
trict of Columbia except policemen and firemen, and employees of the Panama
Railroad Co.
Compensation for death:
(« ) $100 burial expenses, and transportation of body of resident of the
United States dying away from home, if relatives desire it.
(&) 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 addi
tional for each additional child, the total not to exceed 66% per
cent.
(d) To dependent parents of deceased, 25 per cent if one, 40 per cent if
both are dependent; if there is a widow, widower, or child, the
parents’ rights are subordinate, and the total awards may not
exceed 66% per cent.
(6) Other dependent relatives rcceive benefits in smaller amounts subject
to the claims of the foregoing relatives.
Payments to a widow or dependent widower terminate on their death
or remarriage; to a child on marriage, reaching the age of 18, or
if over 18 and incapable of self-support, on becoming capable of
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 of $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 re
quest or by the commission on its own motion.
Insuranee.—No provision.
Security of payments.—Compensation is paid from special compensation
fund.
Settlement of disputes.—The United Slates Employees’ Compensation Com
mission decides all questions arising under the act.
1965°—20----- 6
COMPARISON OP COMPENSATION AND INSURANCE
SYSTEMS
Insurance of the employer’s liability to pay compensation is
recognized as an essential feature of the system in ail but three5
jurisdictions. This may be effected through private insurance (stock
or mutual companies), self-insurance (proof of solvency, with or
without the giving of a bond or other security), or by insurance in
State funds, which may be exclusive or competitive.
The following table shows for each compensation State whether
compensation is compulsory or elective, and the forms of insurance
provided for by the various laws. This table relates only to private
employments; "for while public employments are covered in wuoie
or in part in most States, and compulsorily in some where the law
is elective as to private employments, the subject is of less general
interest and complexity.
T a b le 1.—COMPENSATION AND INSURANCE SYSTEMS
Insurance required in—
State
A lb a n ia _________________ _______
Alaska
____________ ____________
A ri/ona __________________________
California......................................................
Colorado
............................
Connecticut.. . . . . . . . . . . . . . . . . . . . . . . . . . J
Compensation
compulsory (14) or
elective (32)
State fund: E xd u
el usivo (<■’•) or
competitive (11)
Private companies (34)
or by sell-iusurance
(35)
Missouri__ . . . . . __ . . . . . . . . . . . . . . . . . . . .
Montana__________________________
Nebraska__________________________
Nevada.. ________ _______. . . . . . ____
New Hampshire..........................................
Elective________
........do......................
Comoulsory ®____ Coinw Htive.......... Either.
no.
........do...................... ........do......................
Do.
Elective________ ........ do......................
__ drt_______
Do.
Do.
Do.
Comptilsorv_____ J................... ................
Do.
........do....... 1.........Competitive.................
Do
........do...................... .....................................
Do.
Do.
Elective» ............... '....................................
___ do__________ !_________________
Do.
....d o ......................
........do......................
Do.
........ do.....................
Do.
........ do......................
Do.
C-oiiipUiSorv_____ Competitive...........
Do.
Private companies.
Elective..................
Com petitive..___ Either.
Do.
Do.
........ do...................... Competitive_____
Do.
........do__________J
Do.
........do...................... 1 Exclusive____. . . .
Sell-i.-isuiancc.*
New Mexico______ . . . . . . ___ ____ ____
New Yo»k_...................................................
North D l‘rOlft___ _________________
Ohio...............................................................
Oklahoma_________________
........ <io.........
Do.
Com.Tifilsorv
! Cnmneritivo
Do.
........do__ ______ ! Exclusive................
........do___ ____ I........ do................. Seir-i-'smance.41
Ei
.do
............... !.....................
Pennsylvania ............. _. . . . . . . . . . .
Porto Rico _____________ . . . . . . . . . . . .
Rhcce ’si.ifid___ ________ . . . . . . . . . _
South Dakota_______________
Tennessee________ _________
Texas____________________
U ta h ...............................................................
Vermont_________ _____ ____________
V irginia________ ___ ___ .... ________
Washington__________......__
West Virginia ______ .......____
Wisconsin____. . . . . . _______ . . . . . ____
Wyoming_________________________
Com i >ulsory___ __
Elective________
____do_______
........ no........... .......
........do__ ______
Compulsory_____
Elect ive___l_____
........ liO _______
Compulsory___
Ele< livo ............
........ <io___ .......
Compulsory__ . . .
Georgia____ . . . ___ . . . . . . . . _____. . . . . .
H a w a ii........_. . . . . . . . . . . . __ ____ __
Id a h o __. . . . . . . . . . . . . . . . . . . . . . . . . _____
Illinois____________________________
Indiana__ . . . . . . . . . . . . . . . . . . . . _______
Iowa_____ .....______________
K a n s a s ...... . . . . . . . . . . . . . . . . . . . . . . . . __
Kentucky____________ ________ ____
Louisiana__________________________
Maine________________________ ____
Maryland______ __________________
M assachuseits_____________________
Michigan ..................................................
• As to employers.
TTIiMiliirA
J.AlIIIOJ»V• ••••••»•
Competitive
Exclusive.______
Competitive*.....
Compel itive___
E x clu sive ... ___
Exclusive_____
Do.
Do.
Do.
Do.
Piivale companies.
Ml tar.
>>o.
Do.
tielMiuuirattcv.*
Either.
• Compulsory as to coul mining.
« f eif-insuring employers must contribute lo maintenance of State fund system.
d Employers accepting the act must furnish proof of solvency or give bond; no other provision ay lo
Insurance.
• Coal mining only.
•Alabama, Alaska, and Kansas.
60
COMPARISON OF SYSTEMS
61
Of the 43 States requiring insurance, 19 have provisions for a
State fund, though in Tennessee this is by a separate act limited to
coal mining only. In 8 of these the fund"is exclusive, acceptance of
the system being also compulsory in & of this group. In Ohio and
West'’Virginia approved risks may be carried by the employers them
selves, but under condition that contribution is made to* the State
fund system. In 11 States the system is competitive.
Of the 34 States permitting insurance in private companies, all
but 2 (Massachusetts and Texas) permit self-insurance as well; and
of the number permitting self-insurance (35), all but 3 (New Hamp
shire, Ohio, and West Virginia) also permit private insurance. In
deed it would seem that employers in New Hampshire are free to
take out private insurance, and that there is both statutory and
administrative weakness in the lack of more definite requirements
that insurance be secured.
The somewhat anomalous provisions of the Idaho statute seem to
contemplate an exclusive State fund, but with an option for selfinsurance and the deposit of a surety bond or guaranty contract as
one means of satisfying the industrial accident board as to the
security of pajrments. The reports of the board indicate, however,
that the system is competitive in practice, and that approved private
companies are admitted to do business in the State.
A sort of State mutual system, supervised by the State but man
aged by the employers, is provided for in 3 States (Kentucky, Massa
chusetts, and Texas), but these are, in effect, only private compet
ing organizations.
SCOPE OR COVERAGE
No law undertakes to cover all employments. Various restrictive
provisions are employed, the most important numerically being the
exclusion of agriculture and domestic service. Interstate commerce
is exempt by reason of the exclusive action of Congress, though its
law creates liability, and docs not provide compensation. Laws that
apply only to “ hazardous” or “ extrahazardous” employments ex
clude others, thereby distinguished as “ nonhazardous.” Casual em
ployments are usually exempted, and those not for gain frequently.
HAZARDOUS EMPLOYMENTS
States whose laws apply only to hazardous employment are 12
in number—Illinois, Kansas, Louisiana, Maryland, Missouri (when
there are less than 10 employees) Montana, New Hampshire,
New Mexico, Oklahoma, Oregon, Washington, and Wyoming. Enu
meration is made in the laws, out it is not complete in several, a
blanket clause being used in some, while in others the commission
or board may make additions. The principal industrial employ
ments, with the exception of interstate transportation, are uniformly
included in these lists.
NUMERICAL EXEMPTIONS
Employers of less than a stipulated number of employees, are
exempt from the operation of the laws of 23 States. Voluntary
acceptance is generally provided for, as is the case in regard to
employments not classed as hazardous. The following table shows
62
W O R K M E N ^ COMPENSATION LAWS— UNITED STATES
the list of States in which the number of employees determines
coverage:
T able 2.—STATES MAKING NUMERICAL EXEMPTIONS, BY MINIMUM
REQUIREMENTS
Employers are exempt who have less than—
2 em
ployees
(I)
Oklaho
ma.
4 emptogas
3 em
ployees
(6)
6 employees
(0)
Arizona.
Colorado.
Kentucky. New Mex
Ohio.
ico.
New York.1
Texas.
Utah.
Wisconsin.
Alaska.
Connecticut.
Delaware.
Kansas.
New H am p
shire.
Tennessee.
6 employees
10 em-
* ir
11 em
ployees
(2)
Maine,
Georgia. Vermont.
llh ode Is Missouri. Virginia.
land.
16 em
ployees
(1)
Alabama.
i Numerical exemption applies only in case of nonhazardous employments.
AGRICULTURE AND DOMESTIC SERVICE
The exclusion of agriculture is universal among the compensation
laws of the United States except in Hawaii and New Jersey; and of
domestic service except in New Jersey. Voluntary acceptance of the
laws in these occupations is quite generally provided for, though in
some cases it appears that their exclusion is intended to be absolute.
Threshing grain, etc., is specifically included in Kentucky, Minnesota,
and South Dakota (separate act).
PUBLIC EMPLOYMENT
Employees in the service of the State and its subdivisions and
municipalities are included generally in 27 States; in several of these
the inclusion is compulsory where the law is elective as to private
undertakings. The States are: Arizona (if receiving not over
$2,400), California, Colorado, Connecticut, Hawaii, Idaho (if receiv
ing not over $2,400), Illinois, Indiana, Louisiana, Maine, Michigan,
Montana, Nebraska, Nevada, New’ Jersey (if receiving not over
$1,200), New York, North Dakota, Ohio, Oregon, Pennsylvania,
Porto llico, Rhode Island, South Dakota, Utah, Virginia, West Vir
ginia, and Wisconsin.
In 13 States there is a partial inclusion of public employees (Ala
bama, Delaware, Georgia, Iowa, Kansas, Kentucky, Maryland,
Massachusetts, Minnesota, Oklahoma, Vermont, Washington, and
Wyoming).
Public employees are excluded in six States (Alaska, Missouri,
New Hampshire, New Mexico, Tennessee, and Texas) though in
Missouri and Tennessee the law authorizes an affirmative accept
ance of its provisions by the State, its counties and municipal
corporations.
OTHER EXCLUSIONS
Employees whose employment is but casual and (sometimes “ or ” )
not in the usual coarse of the employer’s trade or business are quite
generally excluded, while outworkers are mentioned in a few laws.
Exclusion of employees receiving above a designated wage or salary
is provided in a few States as follows: Hawaii ($36 per week),
Missouri ($3,600 per year), North Dakota (executive officers receiv
COMPARISON OP SYSTEMS
63
ing more than $2,400 per year), Porto Rico ($1,500 per year),
Rhode Island ($3,000 per year), and Vermont ($2,000 per year).
The abrogation of the common-law defenses in suits against non
electing employers does not apply to logging operations under the
law of Maine. Clerical and other occupations not subject to the
hazards of the employment are excluded in a few States.
OCCUPATIONAL DISEASES
No law in its original enactment made specific provision for com
pensating occupational diseases. The dominant idea of accident has
given way by degrees, however, until at the present time 12 States
and the Federal Government provide compensation, either for oc
cupational diseases generally or for designated diseases of this class.
The Federal statute and that of North Dakota include under the
term “ injury” any “ disease proximatelv caused by the employ
ment” ; while that of California compensates for “ any injury or
disease arising* out of the employment.” The other laws are generally
more restrictive in their terms. The States recognizing occupa
tional diseases as entitled to compensation are California, Connecti
cut, Hawaii, Illinois (in certain employments, by separate act),
Massachusetts (by court decision), Minnesota (list), New Jersey
(list), New York (list). North Dakota (list), Ohio (list), Porto Rico
(list), Wisconsin, and the United States. The law of Kentucky also,
by recent amendment, includes “ injuries or death due to the inhala
tion in mines of noxious gases or smoke, commonly known as 4bad
air,’ and also shall include the injuries or death due to the inhalation
of anv kind of gas.”
ELECTION
In 22 of the 32 elective States, election is presumed in the absence
of active rejection, this presumption affecting both employer and
employee. In 10 States the employer must take positive action, but
if he acts the employee’s acceptance is presumed, except in Kentucky,
where he must sign an acceptance. In 7 of these (Kentucky, Maine,
Michigan, Montana, Nevada, New Hampshire, and Rhode Island)
acceptances are filed with designated State authorities; while in the
other 3 (Massachusetts, Texas, and West Virginia) the act of insur
ing signifies election.
Inducement to election is offered by the abrogation of the commonlaw defenses where the employer rejects the law, and by continuing
them in effect where a rejecting employee sues an employer who has
accepted it. Exceptions to this are the laws of New Jersey and Penn
sylvania, which abrogate the defenses absolutely, without regard to
the acceptance or rejection of the act.
SUITS FOR DAMAGES
Actions for damages are generally forbidden where both parties
have accepted the act, but in New Hampshire (an elective State)
the employee may, after his injury, choose which remedy he will
pursue. Where, under an elective law, the employer has acceptd
the act, a rejecting employee may sue, but the employer retains the
common-law defenses, except in New Jersey and Pennsylvania. Upon
failure of an employer to provide the insurance required by the act
64
w o rk m en 's
COMPENSATION LAWS— UNITED STATES
or his default in premiums, the employee majr, in 24 States,0 bring
action for damages witli the common-law defenses removed. Suit
may be brought also in 9 States 7 if there is “ i n t e n t o r “ deliberate
intent ” on the part of the employer to injure, or if the injury is due
to his gross negligence or willful misconduct. No suits are permitted
in 16 States.8
WAITING TIME
Most laws require a minimum duration of disability as a condition
to the payment of compensation benefits. This does not apply to
medical and hospital relief, which is to be provided at once. Two
States require no waiting time. Conflicting provisions of the South
Dakota statute call for 10 days’ waiting time on the one hand, and
for compensation from date of injury on certification of disability on
the other. In practice the latter provision is said to prevail.
In several States the waiting time is compensated for if the dis
ability continues for a specified term; or a part may be taken up in
each of certain consecutive weeks until all is compensated for.
The following table shows the waiting time required in each State:
also the number of weeks of disability required for the payment oi
compensation from date of injury, shown in the figure in parenthesis
following the name of the State:
T abij: 3.— WAITING TIME REQUIRED BY EACH STATE, AND TERM REQUIRED FOB
FULL PAYMENT
No waiting time
(2)
3 days
(5)
Oregon.
South Dakota.*
Maryland.
Missouri (4).
Utah.
■Washington.
United States.
5 days
(1)
Oklahoma.
!
i
1
!i
l week
(31)
10 days
(4)
Alaska (8).
Arizona (2).
California.
Connecticut (4).
Georgia.
Hawaii.*
Idaho.c
Illinois (4).
Indiana.
Kansas.
Kentucky.
Louisiana (6).
Maine.
Massachusetts (4).
Michigan (0).
Minnesota (4).
Nebraska (0).
Nevada (1).
New Hampshire
(i).
New Jersey (7).
New York (7).
North Dakota (1).
Ohio.
Porto Rico.
Rhode Island (4).
Tennessee (6).
Texas.
Vermont.
West. Virginia.
Wisconsin (3).
Wyoming (3).
Colorado.
Now Mexico.
Pennsylvania.
Virginia (6).
2 weeks
(4)
Alabama (4).
Delaware (4).
Iowa.Montana (6).
* By administrative construction of conflicting provisions.
* From first day of disability in case of partial disability, but no adjudication until after two weeks.
« One-third taken up in each of fifth, sixth, and seventii weeks of disability.
*From date of injury in case of permanent partial disability; in other cases, one-third is taken up in each
of fifth, sixth, and seventh weeks of disability.
0 Arizona, California, Connecticut, Delaware, Indiana. Iowa, Kentucky, Maryland, Mich
igan. Montana, Nebraska, Nevada, New York, North Dakota, Ohio. Oklahoma. Oregon,
Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, West Virginia, and Wyoming.
7 Arizona, Kentucky, Maryland, Oregon, Porto Rico, Texas, Utah, Washington, and
West Virginia.
8 Alabama, Alaska, Colorado, Hawaii, Idaho, Illinois, Kansas, Louisiana, Maine, Mas
sachusetts, Minnesota, New Jersey, New Mexico, Vermont, Virginia, and Wisconsin.
COMPARISON OF SYSTEMS
65
COMPENSATION SCALE
The amounts actually payable under the acts are determined by
three factors, the rate (usually a percentage of the wages), term, and
(in most States) a fixed maximum weekly or total payment, or both.
PER GENT OF WAGES
In all but two States (Washington and W yom in g) the amount of
compensation is based upon wages. A few States, however, provide
fixed lump sums or pensions for certain injuries, but apply the per
centage system to all others. In most of the States the prescribed
percentage remains uniform for all injuries. A few States have
varying percentages for different types of injuries, and in several the
percentage varies with conjugal condition and number of children.
Using as a basis th? rates for temporary total disability, it appears
that 50 per cent of the employees’ wages is allowed in compensation
in 16 States (Alabama (60 per cent if two or more children), Alaska.
Colorado, Connecticut, Delaware, Georgia, Illinois (65 per cent ir
three or more children), Montana, New Hampshire, New Mexico,
Oregon (40 to 66% per cent, according to number of dependents),
Porto Rico, Rhode Island, Tennessee, Vermont, and Virginia); 55
per cent in 3 States (Idaho (increased 5 per cent for each child,
total payments not over $16 weekly), Indiana, and South Dakota);
60 per cent in 8 States (Hawaii, Iowa, Kansas, Michigan, Nevacla,
Pennsylvania, Texas, and U tah); 65 per cent in 5 States (Arizona,
California, Kentucky, Louisiana, and Wisconsin) ; and 66% per cent
in 12 States (Maine, Maryland, Massachusetts, Minnesota, Missouri,
Nebraska, New Jersey, New York, North Dakota, Ohio, Oklahoma,
and West Virginia), and also under the Federal statute.
MAXIMUM TERM AND AMOUNT
It is obvious that the reduction of a workman’s income by onehalf, or even by one-third, the most liberal percentage provision,
leaves a large proportion of his loss uncompensated. But to restrict
further the burden on the employer, even though it transfers it
necessarily to the injured employee and his family, the term of pay
ment is not fixed by the period of disability in most States, but by an
arbitrary maximum; death benefits likewise rarely continue for the
period of their probable need.
The following table shows for the various States the maximum
period and amount of benefits in case of death, permanent total dis
ability, and partial disability. The limitations are in many cases
more restrictive for temporary total disability than for permanent
total disability, though, where the latter is compensated for life,
the former is*as a rule compensated during its continuance. In a
few cases the rates for temporary disability are higher than for
permanent disability. The provisions as to partial disability here
reproducer] are distinct from those contained in the schedules found
in most iaws.
66
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
T a b le 4.—MAXIMUM PERIODS AND MAXIMUM AMOUNT OF COMPENSATION PAY
ABLE IN CASE OF DEATH, PERMANENT TOTAL DISABILITY, AND PARTIAL DIS
ABILITY
Death
Permanent total
disability
Partial disability
Weeks Amount
Weeks
State
Weeks
Alabama...
Alaska.......
Arizona___
California..
Colorado...
Connecticut...
Delaware___
Georgia..........
Hawaii...........
Idaho.............
Amount
800
$5,000
7,800
Death or remarriage.
___ 1
6,000
312
8,750
312 ._________
*285 1................ .
300
5,000
312
5,000
400
Illinois.. . . —
Indiana.......
Iowa............
Kansas........
Kentucky...
300
300
Louisiana_____
Maine............ Maryland........
Massachusetts.
Michigan.........
300
300
416
500
300
335
4,350
5,000
8,800
4,000
4.000
0,000
4.000
550
Life.
Life.
Life.
520
475
350
312
Life.
Life.
500
400
416
416
400
500
Life.
500
500
$5,000
7,800
4.000
5.000
5.000
5,000
6.000
8,000
Life.
4300
500
Life.
Life.
300
New Jersey___
New Mexico...
New York.......
North Dakota.
Ohio................
•300
300
Death or remarriage.
Death or remarriage.
416 |
6.500
400
520
Life.
Life.
Life.
Oklahoma.......
Oregon.............
Pennsylvania..
Porlo Rico.......
Rhode Island..
Not covered.
Death or remarriage.
•300 ..................
4,000
300
COO
Life.
500
3,000
Life.
550
401
Life.
260
3.000
500
Lifo.
Life.
4,500
Virginia...........
Washington....
West Virginia..
Wisconsin........
Wyoming........
United States..
400
300
312
260
5,000
3.500
300
4,500
Death or remarriage.
Death or lemarriage.
...............I
5,600
...............!
5,600
Death or remarriage.
1,000
Lifo.
520
285
300
312
150
416
300
225
416
335
5.000
4.000 During disability.
500
7.000
Death or remarriage.1
300 I..................
400 ..................
350 |..................
Death or remarriage.
South Dakota..
Tennessee____
Texas..............
Utah................
Vermont..........
800
During disability.
1240
During disability.
6,000
Minnesota-------Missouri.............
Montana.............
Nebraska............
Nevada...............
New Hampshire.
500
Amount
10,000
3,120
5,000
4.000
3,750
4,000
300
100
150
300
260
500
150
During disability.
During disability.
During disability.
5.000
4.000
5.000
6.000
4,000
8,000
300
104
300
300
312
300
300
312
300
340
During disability.
During disability.
3.500
‘ 3,"750
2,000
5,000
2,400
1,500
>For life if 70 per cent or more disabled.
•To orphans or abandoned children till 16.
•Maximum $7,500.
•Then 25 per cent of annual earnings for life.
•To minor dependents till 16.
There is quite apparent a tendency to recognize the greater eco
nomic loss in case of a permanent total disability than in ease of
death. Death benefits continue in eight States9 and under the Fed
• Arizona, Minnesota, Nevada, Now York, North Dakota, Oregon, Washington, West
Virginia.
COMPARISON OF SYSTEMS
67
eral law for life or until remarriage, while 18 States10 and the
Federal Government pay life benefits for permanent total disability.
The significance of the latter provision is qualified in a few States
by the limitation on the total amount payable, as $3,000 in South
Dakota and $3,000 in Maryland. Measured by the.se, the $10,000
fixed in Minnesota has the merit of comparative liberality, but its
provisions would be exhausted in 500 weeks at the maximum allowed
rate of $20 per week. This period is equaled in eight other States11
establishing limitations and exceeded in four.J2 Hut here again a
comparative liberality in term of payment is affected by the maximum
amount payable, which does not exceed $5,000 except in two States
($6,000 in Maine and $7,000 in Michigan).
Except in two States,18 death benefits are a percentage of the em
ployees’ wages; in six there is the requirement that the total shall
not exceed three or four years’ earnings.14 Minimum periods are 260
weeks (Vermont) and 285 weeks (Delaware). Thirteen States ** pay
for 300 weeks, seven10 for from 312 to 360 weeks, and six17 from 400
to 500 weeks. In Delaware, New Jersey, and Pennsylvania payments
to certain minors continue to the age of 16, regardless of the expira
tion of the period fixed.
WEEKLY MAXIMUM AND MINIMUM
Another leveling feature of most laws is the establishment of a
weekly maximum and minimum. The former may prevent the
higher paid employee from securing the full proportion of his earn
ings that the percentage provision would indicate, while the mini
mum named is often affected by a qualification that if the wages
received are less than such minimum the amount of the actual wages
shall be paid as a benefit. The result of the various restrictions has
been computed as placing upon the injured worker about 50 per cent
of the burden of industrial accidents in the most favorable States
and from 65 to 80 per cent in those less favorable.
In most cases the actual maximum and minimum payments are
named, but in a few it is the basic wage that is noted, payments being
computable therefrom. No maximum or minimum provision is fixed
in two States (Alaska and Arizona). Under the provisions for tem
porary total disability five States18 have a maximum of $12, two19
10 Arizona, California, Colorado, Idaho, Illinois, Maryland, Minnesota. Missouri. Ne
braska, Nevada, New York, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington,
West Virginia.
11 Indiana, Maine, Massachusetts. Michigan, Oklahoma, Pennsylvania, Rhode island,
Virginia.
1SAlabama, Connecticut, New Mexico, Tennessee.
13 Alaska and Wyoming.
14 Tiii'oo years, mi California, Kansas, New Hampshire; four years, in Illinois, South
Dakota, Wisconsin.
13 Alabama, Georgia, Indiana, Iowa, Louisiana. Maine. Michigan. Missouri. New Jersey,
New Mexico, Pennsylvania, Uhodc Island, and Virginia.
10Colorado, Connecticut, Hawaii, and Utah, Jill! weeks; Kentucky,
: Nebraska :550;
Texas, 300.
11 Idaho, Montana. Tennessee, 400 weeks; Maryland and Ohio, 41G; Massachusetts, 500,
18 Colorado, New Mexico, Pennsylvania, Tennessee, Virginia.
» Indiana, $13.20; Michigan, $14.
68
W O R K M E N ^ COMPENSATION LAWS— UNITED STATES
of over $12 and under $15. twelve20 of $15, five31 of $10, one22 of $17,
three23 of $18, while twelve24 permit amounts above $18 per week.
Monthly maximums are prescribed in Nevada ($72), Oregon ($97),
Wyoming ($90), and by the Federal law ($66.67).
PARTIAL DISABILITY
Temporary partial disability is usually compensated for by the
payment of a fixed percentage of the wage* loss, the term and amount,
both weekly and total, being limited. The term and maximum
amount fixed by the various statutes are presented in the table on
page 66.
Permanent partial disabilities are dealt with in two ways—one by
paying a percentage of the wage loss, the other by payments for fixed
periods for specified injuries. The two methods* exist side by side in
most States^ all the laws but that of New Hampshire and the Federal
statute having schedules of greater or less fullness, while injuries
not included therein are compensated on a percentage basis. In all
but three States the schedule payments are weekly amounts based
on wages; while in these three (Alaska, Washington, and Wyoming)
the payments are fixed sums. In Wisconsin weekly periods are fixed
only for “ lesser permanent partial” injuries, major injuries being
compensated on the basis of percentage of permanent total disability.
Schedule provisions may provide lor payments in addition to the
period of total disability (healing period), or they may cover the
entire allowance for the injury other than medical aid. Such pay
ments are exclusive in 19 States,26 and are in addition to the healing
period in 25.2tt In Massachusetts compensation is paid for the term
of total disability, and also for partial disability after the schedule
period; the same is true in Rhode Island, subject to a maxi mum term
of BOO weeks. In Maine the schedule payment is in lieu of temporary
total disability payments, but subsequent partial disability is compen
sated to extend not more than 300 weeks from the date of the injury.
In New York the schedule payments are normally in lieu of all other
payments, but if the period of temporary total disability is pro
tracted bevond designated periods, the scliedule period is’ extended
correspondingly. In Georgia a uniform period of 10 weeks is al
lowed as healing time.
The following table shows the number of weeks’ payments pro
vided by the laws of the several States for the injuries specified:
90 Alabama. Delaware. Georgia, Iowa, Kansas, Kentucky, Montana, Nebraska. Now
Hampshire, Porto Rico, South Dakota, and Vermont.
21 Idaho. Massachusetts, Rhode Island, Utah, West Virginia.
22 New Jersey.
“ Maine. M a ryla n d, and Oklahoma.
“ Wisconsin, $18.20; Ohio, $18.75; Illinois, $19; Hawaii. Louisiana, Minnesota, Mis
souri, New York, North Dakota, ai d Texas, $20; California, $20.83; Connecticut, $21.
» Alabama, Alaska, California, Delaware, Indiana, Iowa, Kansas. Kentucky, Louisiana,
Michigan, Missouri, Montana, New York. Oklahoma, Pennsylvania, Tennessee, Texas,
West: Virginia, and Wisconsin.
20 Arizona, Colorado, Connecticut, Georgia, Hawaii, Idaho, Illinois, Maryland, Massacl'usetts, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, North Dakota, Ohio,
Oregon, Porto Rico, Rhode Island, South Dakota* Utah, Vermont, Virginia, Washington,
and Wyoming.
69
COMPARISON OP SYSTEMS
T a b le 5.—NUMBER OF WEEKS FOR WHICH COMPENSATION IS PAYABLE FOR SPECI
FIED INJURIES IN THE SEVERAL STATES
Loss of—
State
In Mid
LitArm
dex dle Ring! tie
(at
fin
shoul Hand Thumb fin fin fin
ger ger ger ger
der)
60 35
65 39
*42 *34
35 18
38 38
60 35
30 20 15
30 22 17
<25 *25 *16
13
7
9
30 25 20
30 20 15
Sight Hear Hear
Other of
ing, ing,
Foot Oreat
toe
too one one both
eye ear ears
w
AJa.i.......... 200
Ariz.*_____ 260
Calif.*........ •246
Colo.*____ 208
Conn.*____ 208
Del.*.......... 104
150
217
*180
J04
156
158
Oa.*...........
Hawaii*...
Idaho1___
111.*............
lnd.i_____
200
312
200
200
250
150
244
1E0
150
200
60
60
30
60
60
35
46
20
35
40
30
30
15
30
35
20
25
12
20
30
15
15
9
15
20
175
288
180
175
200
125
205
125
125
150
30
38
15
30
60
10
10
6
10
20
100
128
100
100
150
Iowa *__. . .
Kans.*.......
Kv.i..........
La.1...........
Mo.«..........
225
210
200
200
150
150
150
150
150
125
40
60
60
50
50
30
37
45
30
30
25
30
30
20
25
20
20
20
20
18
15
16
15
20
15
200
200
200
175
150
125
125
125
125
125
25
30
30
20
25
15
10
10
10
10
100
110
100
100
100
50
25
150
100
Md.*..........
Mass.*____
Mich.1
Minn.* . ...
Mo.*..........
Mont.1. . . . .
200
50
200
200
23$
200
150
50
150
175
175
150
50
12
60
60
60
30
30
12
35
35
45
20
25
12
30
80
35
15
20
12
20
20
35
12
15
12
15
15
22
9
175
50
175
200
207
200
150
50
125
150
150
125
25
12
30
30
40
16
10
12
10
10
14
6
100
50
100
100
118
100
50
100
52
44
156
168
120
Nebr.*... ..
Nev.* ...
N. J.*.........
N. Mex.*___
N. Y.«.......
225
260
200
150
312
175
217
150
110
244
60
65
60
30
75
35
39
35
20
46
30
30
30
15
30
20
22
20
10
25
15
17
15
12
15
215
217
175
140
288
150
173
125
100
205
80
80
30
15
38
10
11
10
8
16
125
108
100
100
160
50
87
40
35
100
260
160
135
150
N. Dak.*...
Ohio * .......
Okla.1. . . . . .
Oreg.*........
Pa.i............
312
200
250
416
215
260
150
200
329
175
60
60
60
104
60
42
35
35
69
35
86
30
30
39
30
24
20
20
35
20
18
15
15
26
15
286
175
175
381
215
208
125
150
277
160
38
30
30
43
16
10
10
17
130
100
100
173
125
156
410
R. I.*
S. Dak.*....
Teiiii.1.......
Tex.1..........
Utah *
100
200
200
200
200
75
150
150
150
150
25
50
60
60
30
15
35
35
45
20
12
30
80
80
15
12
20
20
21
12
12
15
15
15
9
100
160
175
200
180
75
125
125
125
125
12
30
30
30
15
12
10
10
10
6
75
100
100
100
100
Vt.*............
Va.*...........
W. Va.1___
Wis.i..........
170
200
240
140
150
200
40
60
80
25
35
40
85
20
80
28
25
15
20
20
15
10
15
20
16
170
175
240
120
125
140
20
30
40
25
10
8
16
8
100
1G0
132
175 125
217 170
*206 * 166
208 104
182 130
194 135
30
10 100
30
11 108
*34 . . . . . . * 125
104
18
13 104
38
30
10 113
87
160
260
35
52
139
150
60
35
150
312
115
100
150
150
43
50
170
1 Payments under this schedule are exclusive of or in lieu of all other payments.
* Payments under this schedule are in addition to payments for temporary total disability during the
healing period.
1 Compensation varies with occupation and age. Figures given are for laborer, 45 years of age.
« Payments cover total disability. Partial disability based upon wage loss may be compensated at end
of periods given for not over 300 weeks in all.
^ * Payments unless this schedule are in addition to payments for temporary total and permanent partial
• In lieu of other payments unless period of temporary total disability exceeds fixed periods for each class
of injury.
MEDICAL BENEFITS
All compensation States now provide medical benefits. In 9
States27 and under the Federal law neither time nor amount is
limited. The period is without limit in 8 other States which limit
* California, Connecticut, Hawaii, Idaho, Nebraska, New York, North Dakota, Porto«
Rico, and Washington.
70
W O R K M E N ^ COMPENSATION LAWS— UNITED STATES
the amount, while the time but not the amount is limited in 11
States. However, time or amount or both may be increased in the
discretion of the commission in 19 States, so that there are but 9
States28 in which both items are absolutely restricted.
The provision is generally without cost to the workman, but in
Alaska the employer may deduct $2.50 per month, in Arizona and
Nevada, one-half the cost, not over $1 per month, and in Washing
ton one-half the cost, from the employee’s wages to maintain a
medical fund.
The following table presents the facts in more detail:
T a b le 6 .-M A X IM U M
PERIODS AND AMOUNTS OF MEDICAL SERVICE UNDER
VARIOUS COMPENSATION LAWS
State
Maximum
period
Alabama..................
Alaska......................
Arizona....................
California..............
Colorado..................
Connecticut............
Delaware________
Georgia....................
Hawaii.....................
Idaho..........................
Illinois..................
Indiana.................
Iowa......................
Kansas............. .
Kentucky............
Louisiana.............
Maine...................
M aryland............
Massachusetts__
Michigan.............
M inncsota...........
Missouri...............
Montana..............
Nebraska.............
60 days___
1 year.........
90 days
Unlimited.
60 days......
Unlimited.
30 days
.......d o ■___
Unlimited.
.......do........
8 weeks *...
30 days * ...
4 weeks.. . .
60 days.......
90 days1. . .
Unlimited.
30 days
Unlimited.
2 weeks *...
90 days.......
.......d o 1----60 days >...
6 months...
Unlimited.
Maximum
amount
$100
Unlimited.*
Unlimited.9
Unlimited.
200
Unlimited.
MOO
100
Unlimited.
Unlimited.
1200
Unlimited.
> 100
150
i 100
250
»100
500
Unlimited.
Unlimited.
Unlimited.
250
500
Unlimited.
State
Maximum
period
Nevada......................
New Hampshiro___
New Jersey.............
New Mexico...........
New York...............
North Dakota........
Ohio..........................
Oklahoma...............
Oregon.....................
Pennsylvania.........
Porto Rico..............
Rhode Island...........
South Dakota........
Tennessee................
Texas........................
Utah.........................
V erm on t................
Virginia........ ..........
Washington............
West Virginia____
Wisconsin...............
Wyoming................
United States.........
6 months
14 days........
Unlimited..
10 days...... .
Unlimited..
...... do........ .
do.
60 days *__
Unlimited..
SOdays........
Unlimited..
8 weeks___
12 weeks....
30 days........
4 weeks1__
Unlimited..
2 weeks___
60 days...... .
Unlimited a.
do.
90 days1__
Unlimited..
.......do........
Maximum
amount
Unlimited.*
Unlimited.
»$100
150
Unlimited.
Unlimited.
>200
>100
U00
1250
Unlimited.
150
150
100
Unlimited.
1500
100
Unlimited.
Unlimited.
800
Unlimited.
300
Unlimited.
i Additional sorvice in special cases or at discretion of commission.
* Employees contribute.
ADMINISTRATION AND SETTLEMENT OF CLAIMS
The desirability of an administrative agency charged specifically
with the supervision of the compensation laws is recognized by all
but nine States20 having such laws. In these States the agreements
between the parties may be without supervision, or there may be
provision for approval by the court (commissioner of labor in Ithode
Island). Disputes are settled by the courts, though arbitrators are
provided for in Kansas. Summary procedure is generally directed,
but a jury trial may be demanded in certain cases. Appeals to
courts, usually limited to questions of law, are provided for in
practically all jurisdictions.
ACCIDENT REPORTING AND PREVENTION
Nothing is more striking in connection with the subject of accident
reporting than its lack of uniformity. The importance of complete
28Alabama, Colorado, Kansas, Montana, New Mexico, Rhode Island, South Dakota,
Tennessee, and Vermont.
20Alabama (limited supervision by compensation commissioner), Alaska, Kansas,
Louisiana, New Hampshire, New Mexico. Rhode Island (commissioner of labor exercises
certain functions), Tennessee and Wyoming (fund is supervised by State treasurer).
COMPARISON OF SYSTEMS
71
reports, showing causes, nature, severity, and costs has been too
little recognized, even among those charged with the administration
of the laws; while the employer has been too prone to minimize or
disregard the occurrence of accidents except as an unfortunate inci
dent and a possible source of an action for damages. The necessity
of securing complete data for purposes of safety engineering, as well
as for the determination of fair and adequate insurance rates is,
however, gaining recognition, but much yet remains to be done before
actually comparable reports from the various States are available.
Only 21 States80 call for reports of all accidents, while 9 require
reports of those causing disability of one day 31 or more than one
day.™ Other periods prescribed are: More than two days, Penn
sylvania: one week, Georgia (or requiring medical, etc., aid) and
Rhode Island; more than one week, Illinois and Virginia; 10 days,
Colorado; and over two weeks, Alabama. In four States83 reports
are to be made as directed or required by the authorities. The
States84 whose compensation laws contain no provisions for reports
of accidents have other laws on the subject, limited, however, to
coal mines, except in Louisiana, which requires reports of accidents
causing disability of two weeks or more where women and children
are employed. In Tennessee, besides the reports by coal operators
in the State fund, mine operators generally and employers in mills,
factories, etc., must report, the former to the chief mine inspector,
and the latter to the inspector of factories and workshops.
Existing deficiencies in the compensation laws in regard to acci
dent reporting and prevention are offset to some extent by the fact
that most States, and in particular those of industrial importance,
have inspection agencies for factories, mines, etc., which are charged
with duties of prevention, chiefly by way of enforcing safety statutes,
though some may also prescribe standards. Though some develop
ment appears in the direction of combining compensation adminis
tration with the enforcement of labor laws generally, the present
situation is one of distributed rather than consolidated responsibility.
However, the agency that administers compensation laws is also
given certain powers as to safety devices, at least of inspection, in 18
States.85
NONRESIDENT ALIEN DEPENDENTS
The reopening of the question of discriminatory treatment of alien
nonresident dependents came with the enactment of compensation
laws. The rule had become almost universal under the liability
system, that they should have the same status as residents or citizens
of the States; but of the 22 State compensation laws on the statute
books at the close of the year 1913 nearly one-third (7) made dis
criminations unfavorable to such claimants, while in 1916, of 35
80Arizona, California (involving time loss or medical aid), Delaware, Maine, Maryland,
Massachusetts, Michigan, Montana. Nevada, Now Jersey, New York, North Dakota, Ohio,
Oklahoma, Oregon, Porto Uico, South Dakota, Tennessee (in coal mines in State fund),
Utah, Washington, Wisconsin, and Wyoming.
81 Connecticut, Hawaii, Idaho, Minnesota, and Vermont (or requiring medical aid).
^Indiana, Iowa, Kentucky, and Texas.
* Kansas, Nebraska, New Hampshire, and West Virginia.
MAlaska, Arizona, Louisiana, and New Mexico.
* Arizona, California, Colorado, Hawaii, Idaho, Indiana, Maryland, Montana, New
Jersey. New York, North Dakota, Ohio, Oregon, Pennsylvania, Utah, Vermont, West
Virginia, and Wisconsin.
72
w o r k m e n ' s COMPENSATION LAWS— UNITED STATES
States nearly one-half (17) effected discriminations. At the pres
ent time, of 46 States 27 have provisions more or less discriminatory,
so that an increasing tendency in the direction of less favorable
treatment is recognizable. This may be by way of exclusion (4
States80), reduced benefits (17 States87), permitting commutations
to lump sums in reduced amounts (3 States88), restricting possible
beneficiaries to persons of designated relationship, a provision that
may exist alone or in connection with reduced benefits (10 States39),
or the presumption of dependency may be destroyed (California).
In 8 States,40 nonresident aliens are placed on the same footing as
residents, while in 1041 they are not mentioned. In 4 of these latter
(Indiana, Massachusetts, North Dakota, and Rhode Island) they
have been included by administrative or court action, as is the oase
with the Federal employees’ statute.
A number of States except residents of Canada from their dis
criminatory provisions, or declare such provisions subject to conflict
ing terms of any treaty, or deny ail benefits to aliens whose national
laws would exclude citizens of the United States in like circum
stances.
The Supreme Court of Kansas held a provision of the State law
that limited benefits to $750 except to residents of Canada to be in
conflict with the treaty with Italy, and also with the equal protection
clause of the fourteenth amendment, so that it could not stand ( Vietti
v . Fuel Co. (1921), 109 Kans. 179, 197 Pac. 881). An inferior court
of Pennsylvania found the law of that State restricting benefits to
two-thirds the normal award also in conflict with the treaty with
Italy, and therefore ineffective. The Supreme Court of the State
upheld the law, however (Liberato v. Royer (1924), 281 Pa. 227, 120
Atl. 257); and this decision was affirmed by the Supreme Court of
the United States (Id. (1926), 46 Sup. Ct. 373), on the ground that
the treaty dealt only with remedies for injuries and death due to
the employer’s negligence, a factor not involved in compensation
legislation; and as the act providing compensation is elective and
the workman had accepted, there was no conflict with the treaty in
question. A now abrogated provision of the law of New Jersey ex
cluded nonresident aliens, and was so enforced (Gregutis v. Waclark
Wire Works. 91 Atl. 98, 92 Atl. 354).
A conspectus of the items discussed in the foregoing pages is
given in the accompanying chart.
Alabama. Hawaii. New Mexico, and South Dakota.
37 Alaska. Arizona. Colorado, Delaware, Georgia, Idaho, Iowa, Kansas, Kentucky, Maine,
Montana, Neva<l-i, Pennsylvania, Utah, Virginia, Washington, and Wyoming.
88 Maryland, Nebraska, and N*?w York.
80 !>okivvaro, Kentucky, Maryland, Nebraska, New York, Oregon, Pennsylvania, Wash
ington. Wuxt Virginia, and Wyoming.
40Connecticut, Illinois, Michigan, Minnesota, Ohio, Tennesson, Texas, and Wisconsin.
41 Indiana. Louisiana, Massachusetts, Missouri, New Hampshire, New Jersey, North
Dakota, Porto Rico, Rhode Island, and Vermont.
PRINCIPAL FEATURES OF LAWS OF THE UNITED STATES RELATIVE TO WORKMEN'S UOMWSN?
ATj ON AND INSURANCE
[Chart Recited July X, 1926]
Compensation.beaef
Suits for damages
after election by
both employer and
employee
_______ K a a o . A i
Ag.23.191A. InefleCtJan. 1,
Elective, as to an employments having No provision— -------- Not required--------Alaika. Ch.JJL
A or more employees, except domestic
29, 1915. IncflcctJnly 2S, 1915.
service, agriculture, dairying, and
Amended, 1917. New act,-ch.
■common carrier TaUroads.
98,198. In effect Jtug. 2, 1923.
Amended, 1925.
must in
CompuUory, as to all establishments ImduAed, except dec* Employers
sure in State fund
tire offldals and
having 3 or more -workmen exocpt
orprivatocompanie*
those
with
over
form labor not using machinery and
or provide sdMn$2^00 salary.
domestic servants. Voluntary, as to
other employments.
1928.
Employers mustinCompulsory,
as
to
aU
Compulsory,
as
to
aU
employments
California. Ch. 399. Approved
sure in the State
•employees except
except form labor, domestic service*
Apr. 8,1911. In effect Sent 1,
fund or privatecom
deputy clerks, dep
And casual employees not in usoal
1911. New- act, «h. 176, 1913.
panies, or provide
uty
sheriffs,
and
course of employer's business. Jd Amended, 1915. Newaet,«h.
selMnsunncc.
•deputy constables
«ntory, as to excepted employments.
588,1917. In-efloet Jan. 1,1918.
serving
without
re*
1919,1923,1925.
numeration.
Apr. M, 1915. Incflect Aug.l,
1915. Amended, 1917, Jncw
net, A . 210,1919. Amended,
Connecticut. Q l 138. Approved May 29,1913. In-effect
Jan. L 1914. Amended, 1915,
1917,319,1921,1925.
TM wwi. Ch. 233. Ai
Apt. 2, 1917. In effect 2sn.l,
3918. Amended, 191* 1121,
TOW
Aug.;
192L
__
j __ ______ labor, domestic
service, and casual empbmees not in
usual course of employer’s tmrfness.
Voluntary, as to excepted employ
those'having TCguloriy less thus £
•emslmFoes, outworkers, and casual
•emptowes, not for purpose em
ployers trade or business. VWiuiiwjr, as to excepted employments.
•charities.
. ttUL R eflect ^nlyl.
Amended, 1917,1923.
formasto etheo.
£fac&e, at to all employments exoep CanpvUerff as to cmthose having less than 5 employees,
form labor, domestic sendee, out■workers, And casual employees not
In usual course of employer's onsifor fixed teem.
187. Approved Ebt& ot,a to all employments having
ectfisr.l,, W or mane emjfloyeM, except tlr-— —
not in the usual business of the <
plojer, t e n labor, domesticservice.
Qmnxuapcu
S S f f l corporaJZJZ
tfam wiH jnflmcnl
snbdM&msflfthe
I nuhlUl
Vctuatarjt** toexceptodl
Conpvborf, as to all Industrial em
ployments cairicd on far pin, ex
cept casual employees, those not in
usual course of employer's business,
and those receiving more than $36 a
week fromany one employer.
risk, fellow
Presumed in absence Presumed in absence Assumed
service, and contrib
of written notico
of written notice
utory
neRligencc,
served
on
employer
filed with United
unless willful or due
ftnd filed with
Statescommissioner.
to intoxication.
United States com
missioner.
Presumed In absence
of written notico to
employer, filedwith
emission.
in absence
CompuUory, as to fill Electing employers Presumed in absence Presumed
of written notice to
of written notice to
must insurclnState
employees except
employer
and to
commission;
notion
fund
or
private
elective officials and
commission.
of rejection to be
companies, or pro
xnembetsafNatJooal
P«ted.
vide
self-insurance.
Guard.
£bfSfee,asto£be State
and aU public oarparBUaus h av in g
regularly 5 or more
employees. IVUuh
CompttZMrf, as to an
employee except
elective oflWals or
employees receiving
more than $1£00 a
Waiting time
Per cent ofwages
weekly compensation
payments
Maximum period
Death
(а) Dependents
(б) No dependents
Permanent total disa- I (a) Expenses -til Oast si^noM tm!
20 to 60 per Maximum, $15. Mini
bility,55frweeks. Other
burial,jnuimum, $1J0;20to*
Approved s u b s t i t u t e Personal injuries by accident aris 2 weeks. None if dis Death,
mum, $3, or actual
cent! Disability,50
ability continues
ing out cm ind in oourso of em
300weeks.
I per cent of wages for not <we.
schemes p e r m it t e d .
wages.
to 00per-cent.
for4wetfks«rmore.
• 300weeks; maximum, $12 to Uf
ployment unless due to intoxi
Agreements for induction
minimum, 85, iff«tual wag?
cation, willful misconduct. In
of compensation benefits
tention to injure 6df or another,
total not over -$5,000. (ft) Fx
permitted if approved by
inflicted by third parly for per
pcDSQS of last sickness and bnri
court.
sonal reasons, or wSUtu failure
al, maximum, $100.
to use safety appliances, or obey
safety laws or rules.
Personal injuries by accident aris 1 week. None if dis 50 percent for temiK NoprorfcianNot permitted______ Walxws forbidden
rorytotal dlSHbffitj
ability eonlinucs for
r
16 and to dependent ^parent
ing out of or in the course of
fixed lump sums;
$ weeks or more.
employment unless dJij^ly due
n»umuui,
maximum,. S ijm . _ If. dngt
other cases.
$LS00toeadidepciidflat<partEt.
to intoxication or wnifiil int
(t)
VBI $195
f l W maximum
IIU M U U U IH lor burial <xtion to Injure self or another.
iwoses;
peases; $195 for other m
expense:
am
I between accident «nd death.
Burial
expesLses,
ndl
over
$120
Not fixed.
per Nopreridon^
Personal injuries fay ncddent aris 1 week. None if dis
1 15 to OH percent of
Permitted if employer Walras forbidden.
ability oontimses 2
deaxhorremarriaise.
(b)
Buna,
ing
out
of
or
in
the
course
of
foils to insure.
percent.
weeks.
expenses. $1S0 and $630 to a t*
employment, not purposely selfI habUitatiou fund.
___
inweted.
(d)
expenses, not o r e r f ®
Maximum, 92ILB3. Mini Permanent total disabfll- 1 85Burial
85 per cent----per
cent
of
wages
to
equd
3
Bfe.
Tempore—
Permitted if-employer Waivers forbidden.--------- Personal injuries arising out of 1 week_____
mum, $1.17.
years' annual earnings; msxH
and in thecourseof employment
“ ty, 210 weeks.
foils to insure risk.
mum, $5,000; minimuut, $1,800.
unless due to intoxication or in
db) Reasonable burial expenses;
tentionally self-inflicted; in
maximum, 8190.
cludes injuries toartlfidal limbs.
Occupational diseases Included.
risk, fellow Not permitted.----Prcsumed In absence Presumed in absence Assumed
service, and contrib
of written notice to
of written notice
utory
negligence,
employer and filed
fllcd with court and
unless employee is
with court.
posted In establish
guilty
of
willful
mis
ment.
conduct as defined.
EUdlte,tiS to emi .
Electhre, as to all emi—rf-----ecsof State, volun
those having less than 16 cm.
tary, as to employ
farm labor, domcstio service,
ees of county, dty,
casual employments not In usual
town, village, or
course of employer's business. VWschool district.
vntary, as to employments having
less than 10 employees.
Arisaoa. Ch. 14 (extra session).
Injuries covered
Injuries aeddmtally sus 10 days___ —
______ risk, feUow Not permitted--------- Waivers forbidden, but ap Personal
tained arising out of and in the
proved hospital fund may
service, and contrib
courseofemployment not Inten
be
maintained.
utory negligencenntionally self-inflicted.
x-a-d-------- -IwjwyjStSt'SaJsSS
80 per cent-----
Injuries arisingout ofand 1 week. None if dis 80 per cent.
ifemployer Approved scheme* may be Personal
ability continues
in course of employment unless
Ffcsumed in abscnce Presumed in absence Assumed risk, follow Permitted
substituted if benefits
fans
to
insure
risk.
longer than 4 weeks.
service,
and
con*
of
written
notice.
of written notice.
due to wUlful and serious mis
equal thoseofact. Physitributarynegligence.
conduct or intoxication. Occu
vale companies, or
caUy defective employees
pational
diseases
included.
provide self-hourmay waive right to com
pensation.
injuries by accident arte 2 weeks. None if dis Death, 16 to 60 per
Approved
s u b * * * * ® * 6 Personal
Ifemployer
cent. Disability, 50
ability continues for
tag out of and-in course of em^
employers Presumed in abscnce Presumed in absence Assumed risk, fellow Permitted
schemes permitted if bene
foils
to
insure
risk.
percent.
service,
and
con
4 weeks or mote.
of
written
notice
to
ployment unless due to wiUful
of printed notice to
most insure in prifits equal thoso of act.
tributory negligence.
employer and filed
intention
to
injure
self
or
an
employees posted
Waivers forbidden.
with board.
other, intoxication, failure to
in plant, and filed
prorlde aclf-insurnse safeguards, violation of law,
witnboard.
recklessness, or caused by third
party for
7 days_____
Waivers forbiddeq.
* of and in the course of employ
Presumed in abscnce Presumed in absence Assumed risk, fellow Not permitted____
service, and contrib
of written notice to
of written notico
ment, not including diseases e*
______ ______ j or pro
utory negUgenco.
employer, with copy
cept those restating from tbe
filed with the com
vide sdMnsnranee;
to commission.
mission and posted
accident nor injuries by third
the Jonns of poetics
In the
are subject to ap
proval by the comto injure self <» another, intoxi
cation, or willful failure to use a
safety appliance or observo law
P
e
<^ S ^ & e s by accident lweek. None in case Death, | _ t o 80
Not permitted_____ Waivers forbiddenof partial disability.
arising out of and in course of
employment unless due to wiU
Partial disability,
or
ful intention to injure self or
50 per cent.
another, or to intoxication.
alf-insunuwe.
Occupational diseases included.
Maximum, i$10. MW- Death, 312 weefe Per
manent total dlsabOity,
mum: Eteath, $5; disabil
life.
ity, $5, or actual wages.
Maximum, death, $l
disability, $21. Mir
mum, $5.
Death, 312 weeks. Disa
bility, 620 weeks.
Death: Weekly basic wage, Permanent total disabili
ty, c rs weeks. Others,
maximum, $30; mini
mum, $10. Disability:
Maximum, $15; mini
mum, $5, or actual
wages.
Total disability: Maxi Total d isability, 350
weeks; partial disabUity,
mum, $15; minimum,
or death, 3(K>weeks.
$4, or ftdl wagesif has
than $1. Partial daubQity, maximum, $12
weekly; for specified in
juries, same as for total
disability. Death, maxi
mum, $12.75.
Medical and surgical aid
Partial disabUity
Time for nollceanddalm
(e) By whom administered
(b) llow claims aro settled
Accident reports required
Acddcnt-prevention work
by—(a) Compensation
commission. (6) Other
agencies
Stato
(5)
(s) 50 to 60 per cent of wages for 50 to 80 per cent of wage loss during Reasonable mcdical, surgical, and Excluded__________ Notice to employer within [a) Courts; limited supervision by All electing employers must re (a) lo provision.
Chief mine Inspector.*
5 days; no compensation
port all accidents ofover 2 weeks'
compensation commissioner. (6)
hospital scrvice /or 60 daw
400 weeks; maximum, $12 to $15;
disability for not over 300 week:
if after 90 days. Claim in
disabUity to compensation com
minimum, $5, or actual wages;
Direct settlements between parties
maximum, $100; charges limited
maximum, $12 to $15. Spedfieu
missioner within 15 days; sup
lycar.
not over $5 thereafter for 150
to prevailing rates.
if in *'substantial" conformity with
injuries, 50 to GOper cent of wages
plementary report after 60 days
weeks in certain cases; total not
for fixed periods; maximum, $1!!
law; court may approve a less
or upon termination of disabUity.
over $5,000. <b) 50 to 60 per
to $15; minimum, $5, or actual
amount if in interest of employee.
cent of wages during disability;
Disputed cases settled by courts.
wages.
not over 300 weeks; maximum.
$12 to$15; minimum, $5, oractua
wages.
(a) $i,6S0, $1,560 additional if Lump sums based upon schedule Reasonably necessary medical, Three-fourths benefits. Notico in 120 days; claim In (a) Courts. (6) Voluntary agreement; No provision----------------- ------- (a) No commission. Cb] Alaska.
Mino Inspector (who is
2 years.
for permanent total disabUity pro
surgical, and hospital treatment
disputed cases settled by courts.
wife and $780 for each child un
also ex olfido labor com
for not over l year.
portioned to loss of earning cainouu
derjv.
16: uifi singlo, $780 for each
missioner).1
dependent parent; maximum,
fty^^maximum^$6,240. Spccfllnd
^7y800. Q) 50 per cent of wages
number of dependents; lumi
during disalability
’sums for certain disfigurements.
(a) 65 per cent of wages for lire. 65 per cent of wage loss during dis Medical, surgical, and hospital 60 per cent of normal i Injury to boreportedat once; (a) Industrial commission. 9) By Employers under tho act and at (a) Industrial commission. Arizona.
(t») Mine inspector.!
tending physldans must report
aid for 90 days; 1 year if commis
Q>) Bamefornot over 100 months;
benefits.
I claim in 1 year.
ability, for not over 60 months.
commission on application. Ap
sion directs.
SlOmonthlyadded if dependents
all injuries to workmen.
Schedule for specific injuries in
peal to supremo court.
addition to other payments.
in United States.
Notice in 30 days; claim In 6 (a) Industrial accident commission. AU employers, attending physi- (a) Industrial accident California.
Cs) 85 per cent of wagos for 240 If permanent, 65 per cent of wages Reasonable medical, surgical, and No presumption
commission, (b) Bu
months for disabUity, 1
hospital treatment.
dans, and insurers must report
for* periods proportionate to disa
weeks, then 40 per cent for life.
dependency.
(6) Voluntary agreement approved
reau of labor statistics.*
year for death, 2 years if
all injuries Involving time loss or
bUity, then reduced rotes for life
<b) «s tier cent of wages during
by commission; disputed eases re
any settlement for less
diaabUity; not over 210 weeks, • if 70 per cent or more disabled;
medical aid to industrial acd
ferred toone or more referees; review
if temporary, 63 per cent of wj ~
dcnt commission. Fatal Injuries
than a statutory award
norg years* earning^ nor $5,000.
by commission; rehearing In certain
loss during disability; not over: _
has not been approved by
must be reported immediately.
cases; appeal to courts upon ques
the commission.
weeks nor 3 years’ earnings nor
tions of law.
$5,000. Disfigurement compen
(a) Burial expenses not over $135;
sable.
50 per cent of wages for $ years (s) (ft) SOpercmtof wages during If permamcnt. a sum proportionate Reasonable medical, surgical, and One-fourth benefits__ Notice in 2 days; daim in (a) Industrial commission. Ob) Ad All employers must report aU (a) Industrial commission, Colorado
(ft) Department oflabor
hospital treatment /or 90 day*;
6 months; l year in case
compensable acddcnts within
to a total disabUity benefit, not
maximum, $12; m inimum^
disabUity; maxlinnm, $12; mini
mitted UabUity with statement of
and factory Inspection;
of death.
maximum, $200; no time limit
10 days to industrial commis
total not over $3,750. (6) Rea
mum, $% or actual wages.
amount may bo submitted to com
inspectors of coal mines;
sion.
in case of hernia; additional al
sonabls burial expenses; maxi
mission; no settlement final untU
bureau of mines.1
lowance for dental service, maxi
mum, $125.
approved; disputes heard by com*
mum, $100.
minimum, $5, or actual wages; all
mission, commissioner, or a referee:
in addition to temporary total.
review and court appeal provided
If temporary, 50 per cent of wage
for.
loss during disabUity: maximum,
$12; not over $K560 in alt. Dis(a) Burial expenses, $100; 50 pp
50 iier ocnt of wage loss during disa Suoh medical, surgical, or hospital Included..
Notico at once; daim in 1 (a) Board or 5 compensation commis Assenting employers must report (a) No provision, (ft) Do- Connecticut.
1 cent of wages for. 312 weele
jmrtment oMabor and
maximum, $18; minimum, $! ^disability, not over S o wseetaR
year; 2 years for duo causo
all injuries of 1 day's disability
bility, not over 520 weeks;
treatment as deemed reasonable
sioners Inchargeof separatedistricts,
weekly to compensation com
by attending physician; charges
shown.
weekly maximum, $21. Specified
maximum, $21; minimum, $5.
(5) Burial expenses, $100.
(d) Voluntary agreement approved
limited to prevailing rates.
Injuries, 50 per cent of wages for
missioner.
by commissioner; disputed cases
Special provision for seamen on
fixed periods; weekly maximum,
settled by commissioner; appeals to
United States vessels.
$21; minimum, $5; in addition to
courts.
temporary total.
(a) Expenses of last sickness an
burial, maximum, $100; 15 to t (a) (M 50 per cent of wages during
Reasonable mcdical, surgical, and One-half benefits; to Notice In 14 days; if in 30 (a) Industrial acddcnt board. Q>) AU assenting employers must re (a) Industrial accident Delaware.
board. (6) No provi
per cent of wages for 285 week
disabnity, not over 475 weeks;
hospital treatment for SO days:
port all accidents to industrial
days, not barred except as
_ J weeks; maximum, $15. Speci
widows and children
Voluntary agreement approved by
sion.
basic wage, maximum, $3
maximum, $15; minimum, $5,
acddent board within 10 days;
fied injuries, 50 per cent of wages
maximum, $100. Board may in
to extent employer was
only.
board; disputed cases settled by
minimum, $10. (6) Expensesor actual wages; total not over
supplementary report upon ter
for fixed periods; maximum, $15;
prejudiced; bar absolulo
crease timo and amount.
board after hearing; appeal to court.
last sickness and burial, mai
after 90 days. Claim in 1
mination of disability.
minimum, $5, or actual wages.
$4,000.
year.
mum, $100.
benefit for 300 weeks; week
maximum, $12.75; total not ov
$5,000. (6) Expenses of Is
sickness and burial, not to c
ceed$l00.
S12weeto____________ -I <“> BnrW e^n se^ lIIW lB to
Death: Basic wage, maxi- ***
l ppr cent of wages for 312 weel
mum* $36; minimum,.
basic wage, maximum, $
$5. Total disabnity:1
minimum. $5: total not oi
Maximum, $20; mini
$5,000,
Bnria) gxpens
mum, $5, oractual wages
$100,
Maximum, $12.
Total disability
(a) Permanent
(ft) Temporary
(e) (5) 50per cent ofweekly wages 5Qper cent of wage loss, not over $12 Necessary medical attention, not One-half benefits, not
for not over 350 weeks; $15 maxi
per week, not more than300weeks,
more man $0 days; maximum,
over $1,000, except
including any period of total disa
mum, $1 minimum, or fun
$10% charges limited to thoso
to residents of Can
bUity. Specified injuries, 50 per
wages if less than $4; not more
for other persons of like stand
ada.
than $5,000 in all.
cent of wages for fixed periods,
ing. Continued treatment may
after not more than 10 weeks’ al
be offered and must be accepted
lowance for total disabUity, if any;
unless tho commission orders
maximum, $15; minimum, $1, or
otherwise. Special provision for
actual wagos if less.
surgical operations for hernia.
p per cent of wages during 50 per cent of wage loss during disa Medical, surgical, and hospital Excluded.
Ity, not over 312 weeks;
bUity, not over 312 weeks; maxi
service, such as the nature of the
am, $20; minimum, $5,
mum. $12; total not over $5,000.
Injury requires; charges limited
Swages if disabUity is
to prevailing rates.
Specified injuries, 50 per cent of
fary; total not over $5,000.
wages for fixed periods, in addition
*o temporary total. Disfigurelent, maximum, $5,000.
t Not provided for in compensation law.
Notice immediately; barred (a) Industrial commission. 0) Agree Assenting employers must report (a) No provision. 9) Georgia.
Commissioner of com
within 10 days all acddents
after 80days unless reason
ment after 14 days, approved by
merce and labor.*
causing disability for 7 days, or
able excuse and employer
commission; disputes or disagree
requiring
medical
and
surgical
shown not to be preju
ments settled by commission after
aid; supplemental report
diced by delay; chum In
hearing, subject to review or limited
termination of disability.
1 year.
appeal to courts.
Notice as soonas practicable; (a) Industrial acddcnt board for each All employers must report aD In (a) No provision, (ft) No Hawaii.
provision.
juries of 1 day's disability or
claim in 3 months; not re
county, (ft) Voluntary agreement
more as soon as practicable to
quired ir aid or compen
approved by board; disputed cases
industrial acddent board; sup
sation has been voluntari
settled by board or by arbitration
plementary report at termina
ly given.
committee; review by fuU board;
tion of disability or after 60days.
appeal to courts.
19G5*—20*. (Face p. 72.) No. 1
PRINCIPAL FEATURES OF LAWS OF THE UNITED STATES RELATIVE TO WORKMEN’S COMPENSATION A
Compensation taefii
IIow election is made
By employer
By employee
Defenses abrogated if
employer does not
elect
for damages
after election by
both employer ana
employee
Special contracts
Injuries covered
Waiting time
Per cent of wages
Compulsory, as to all employments
conducted for sain except form and
domestio service, outworkers, casual
employment and charitable institu
tions. Voluntary* as toexceptedem
ployments.
Compulsory, as to all Employers must in
sure in State fond
employees except
or private com
elective officials, and
thosereceivinga sal
panies, or provide
self-insurance.
ary over 12,400.
Not permitted..
A pp roved su b stitu te
schemespermittedif bene
fits equal those of act;
waivers forbidden.
TO!nots. P. 314. Approved June
10,1911. In effect May 1,1912.
Compulsory, as to "extrahasardous”
employments enumerated; farm
labor, and persons not in usual
couiso of employer's business ex
cepted. Voluntary, as to excepted
employments.
Compulsory, as to all Employers must in
sure m private com
employees except
panies, or provido
officials and mem
self-insuranco.
bers of Are depart
ments in cities of
200,000 or more in-
Not permitted..
Approved schemes per
mitted if benefits equal
those of act. No waiver
of provisions of act os to
amount of compensation
without approval of board.
Indiana. Ch. 106. Approved
Mar. 8,1915. In effect Sept. 1,
1915. Amended, 1917, 1919,
1923.
Compulsory, as to mining. Eledne, os
to all other employments except
form labor, domestic service, casual
employees not in usual course of
employer’s business, and railroad
employees engaged in train service.
Voluntary, as to excepted employ*
Iowa. Ch. 147. Approved Apr.
IS, 1913. In effect July 1,1914.
Amended, 1917,1919,1923,1924,
1925.
Eledvse. as to all employments except
farm labor, domestio service, casual
employees, these not in course of
employer’s business, and clerks not
subject to hazard of the industry.
Compulsory, as to all Electing employers Presumed in absence Presumed in absence Assumed risk, follow Permitted ifemployer Approved schemes per i Personal injuries by acddcnt aris l week...................... Death, total disabil
ity, and specified
ing out oi and iu course of em
of written notice*
service, and con
foils to insarorisk.
of written notice,
employees.
must insure in pri
mitted if benefits equal
injuries, 55 per cent.
ployment unless due to willful
posted or served,
served on employer
vate companies, or
tributorynegligence.
those of act. All other
misconduct, intentional selfand filed with in
and filed with in
provide self-insurwaivers forbidden.
inflicted
injury,
intoxication,
dustrial board.
dustrial board.
and willftil failure to uso safety
appliances or to obey safety
laws, or commission of a crime.
Compulsory, as to all Elccting employers Presumed in absence Presumed in absenco Assumed risk, fellow Permitted ifemployer Approved schemes per Personal injuries arising out of 2 weeks; compensated GOper cent..............
during fifth to
and In courso of employment,
of notice posted in
of written notice to
must insure in pri
foils to insure risk.
employees except
mitted, but no reduction
service, and con
seventh weeks if
unless due to willful intention
vate companies, or
employer and in
establishment and
firemen and policeof liability allowed. All
tributory negligence
to injure self or another, intoxi
disability continues.
filed with industrial
provide self-insurdustrial commis
in pension
unless willful and
other waivers forbidden.
cation, or willful act of a third
commissioner.
sioner.
with intent to cause
party.
injury.
Disability, GOporcont.
Personal
injuries by accident aris
Not
permitted..
Assumed
risk,
fellow
Approved
sehomes
per
as to work- Not requited..
Presumed in absenco Presumed in absence
Specified injuries, 50
ing out of and in course of em
mitted if benefits equal
of written notice
service, and con
of notice posted in
n on county and
per cent.
ployment except when going to
thoiso of act. Blind em
tributory negligence.
filed with employer
inidpal work.
establishment and
and from work, unless duo to in
ployees may waive right to
and secretary of
iiled with secretary
toxication, deliberate intention
compensation or damages.
state.
of state.
to cause injury, or willful failure
to use safeguards required by
law or furnished by employer.
Elective, as to all mu Electing employers By writing filed with By signed notice filed Assumed risk, follow Permitted if injury Is Approved schemes per Personal injuries by accident aris l week------------------ 65 per cent.................
ing out of and in course of em
service, and con
mitted if benefit* equal
due to deliberate in
must insure in Ken
with employer.
nicipal corporations
the commission and
ployment, unless self-inflicted,
those of act.
tributory negligence.
tention of employer
tucky Employees*
having 3 or more
“ in the estabdue
to willful misconduct or in
or
failure
to
me
eviInsurance Associa
employees. Volun
toxication. Includes injuries due
denceastoinsuranoe.
tionor otherprivate
tary, as to others.
to inhaling gas or smoke in
companies, or pro
mines, or any kind of gas.
vide self-insurance.
Kansas. Ch. 218. Approved
Mar. 14,1911. In effect Jan. 1,
1912. Amended, 191% 1917,
19191
Elective, as to “ especially dangerous*'
employmentsenumerated conducted
for gain except those having kss
than 5 employees, form labor, and
those not in usual course of emiloyer’s business; all mines covered.
lory, as to excepted employ-
Kentucky. Approved Mar. 23,
1916. In effect Aug. i, 1916.
Amended each session.
Elective, as to all employments except
those having less than 3 employees,
form labor, and domestic service.
Threshing and hulling grains and
seeds ore within the act. Voluntary,
as to excepted employments.
Louisiana. No. 20. Approved
June 18.1914. In effect Jan. 1,
1915. Amended cadi session.
Elective, as to “ hazardous” employ
ments enumerated, or as agreed
upon or determined by coart, except
employments not conducted for;—
pose of employer's business. Vo
tary, as to other employments.
Compulsory, as to all Employers under act Presumed in absence Presumed in absenco Assumed risk, fellow Not permitted...
— ------- except
service, and con
of written notice to
of written notice to
must insure or give
employer.
tributory negligence.
bond.
employee.
No contract may relie
relievo Personal injuries by accident aris
ing out of and in couiso of em
employer from liability,
ployment, unless due to willful
intention to injure self or an
other, intoxication, deliberate
failure to use safeguards, or
breach of safely laws.
Maine. Ch. 295. Approved Apr.
1,1915. In eflcct Jan. l, 1916.
Reenacted, 1919; amended,
1921,1925.
Elective, as to all employments, except
those having regularly loss than 6
employees, form labor, domestic
service, logging operations, casual
employees, and those not in usual
course of employer’s business. W
untorjr, as to exempted employees.
Compulsory, as to all Electing employers Writing filed with Presumed, if employer Assumed risk, fellow Not permitted..
service, and con
clects, in absence of
must insure in pri
commission
and
employees of State,
tributory negligence;
written notice to
vate companies or
counties, and cities,
posted in establish
employer filed with
provide self-insurexcept officials. VaL
ment.
untary, as to towns.
E x is tin g ap p ro ved
schemes may bo con
tinued; waivers forbidden.
Maximum ord minimum
weekly cnnpcnsatlon
payments
Maximum period
Death
(а) Dependents
(б) No dependents
Personal injuries by accident aris 1 week; compensated Death, 20 to 55 per Death: Masmum, $12: Death, 400 weeks. Per (a) Burial expenses, maxima,
$200; 45 per cent of wan to
ing out of and iu courso of em
manent total disability,
minimum, $6, or actual
fifth to seven th
cent! Disability, 55
widow or dependent widower
ployment, unless due to willful
life. Temporary total
wages: Others, maxi
weeks if disability
percent.
for 400 weeks. 55 per cent ifcbild
intention to injure self or an
continues.
mum $16, ninlmum, $0.
disability, 400 weeks.
orchildren, maximum, $12; adoother, or intoxication.
Partial disability, 150
Imum. $6, or actual wages. (6).
Burial expenses, xuaximuixtfaoo;
also $1,000 to administration!
fund.
Accidental injuries arising out of 1 week. None if disa Disability, 50 to 65 Maximum, 114 to $19. Permanent total disabil (a) 50 to 65 per cent of wins
Minimum, $7.50 to
until 4 years1 earnings are paid;
ity, life. Permanent
ami in course of employment.
per cent.
bility continues for
partial d lsa b ility .8
Occupational diseases in certain
4 weeks or more.
$1 1 .
years. Temporary dis
occupations iududed by sepa
ability, during its con
rate act.
second injury fund
tinuance.
Idaho. Ch. 81 Approved Mar.
16,1917. In effect Jan. 1,1018.
Amended, 1921* 1925.
i Not providedforincompensationlaw.
TO INSURANCE—Continued
1 week. None if disa
bility continues for
C«ccks or more.
Persona] injuries by accident aris 7 days...
ing out of and in course of em
ployment unless due to willful
intention to injure self or an
other, or Intoxication without
employer's knowledge.
Basie wage, maximum, Death and partial disabil
$24; minunim, $10.
ity, 300 weeks. Total
disability, 500 weeks.
Death: Morfmum, $15; Death and temporary
total disability, 300
minimum,53. Disabil
weeks. Permanent total
ity: Maxinum, $15:
disability, 400 weeks.
minimum,56, or actual
wages.
Disability: Miximum,$l5; Disability, 8 years .
minimum,*!.
Burial expenses, maximum,
00 per cent of wages for
300 weeks; weekly maximum,
$15; minimum $ti,or full wages.
(6) Last sickness and burial ex
penses, maximum, $250.
%J150;
(e) 3 years* earnings; maximum,
$3,800; minimum, $1,400. (A)
Burial expenses, maximnm,
$150.
Maximum, $15. Mini Death, 335 weeks. Total (a) Burial expenses, maximnm
$75; 65 per cent of wages for 339
disability. 8 years. Par
mum, ffi.
weeks; maximum$12; minimum
tial disability, 335 weeks,
$5; total not over $4,000. (ty
Burial expenses, maximum $%
and $100 to representative oi
_ ________
J, maximmr
$100 and $50 contingent ex
penses; 32!$ to 65 per cent o
wages for 300 weeks; maximum
$20;minimum$3, oractual wages
(6) Expenses of burial, mail
mum, $100, and $50 contingen
expenses.
Mini Death, 300 weeks. Total (a) MK per rent of wages for 3ft
weeks, total not over $ 1,000
disability, 500 weeks.
maximum, $18; minimum, $0
Partial disability, 300
(5) Expenses of last sickness am
weeks.
burial, maximum, $200.
Death, 32M to 65 per Maximum, $20. Min Death, 300 weeks. Per
cent. Disability, AA
manent total disability,
imum, $3 or actual
per cent.
400 weeks. Temporary
wages.
total and partial disa
bility, 300 weeks.
GCHpercent.
$24; minimum, $10: total not to
cxoccd $5,000. (6) Burial ex
penses, maximum, $100.
Maximum, 118.
mum, $6.
Total disability
(a) Permanent
(b) Temporary
(s) (b) 55 per cent of wages for 400
weeks; 60 per cent if married,
and 5 per cent for each child;
maximum, $10; minimum, $6;
thereafter $6 a week during
disability.
Medical and surgical aid
Nonresident alien
beneficiaries
Tiiuo for notice and claim
(а) By whom administered
(б) How claims are settled
Acddent reports required
Acddcnt-proveclionwork
by—(a) Compensation
commission, (b) Other
State
Partial disability
___ j of wage loss for not over Reasonable medical, surgical, and
hospital service; hospital bene
150 weeks; maximum, $10. Speci
fit funds permitted in lieu of
fied injuries, 55 per cent of wages
above. Charges limited to pre
for fixed periods in addition to
vailing rates.
other benefits; weekly maximum,
$ 16. Disfigurement
bio.
Industrial accident Idaho.
One-halfbenefits, sub Notice as soon as practica (a) Industrial acddent board. (5) All employers must report all ac (a)board,
(b) Inspector of
cidents of 1 days' disability to
voluntary agreement approved by
ble; claim in 1 year.
ject to treaty pro
mines.1
industrial
acddcnt
board
with
board; disputed cases may be sub
visions; nothing if
in 48 hours; supplementary
mitted to arbitration committee;
law of nation ex
report after 60 days or upon
review by full board; appeal tocourt
dudes citizens of
termination of disability.
upon questions of law.
United States.
(a) 50 to 65 per cent of earnings for 50 to 65 per cent of wage loss during Medical, surgical, and hospital Included..
service as reasonably required to
disability, not over b years; maxi
8 years; maximum, $14 to $10;
effect a cure.
mum, $14 to $19. Specified In*
minimum, $7.50 to $14: there
after 8 per cent of death benefits
juries. 50 to 65 per cent of wages
for fixed periods; maximum,
for life, minimum, $10 a month.
$14 to $19, minimum, $7.50
(6) 50 to 05 per cent of earnings
to $14, in addition to temporary
during disability; maximum, $14
total. Disfigurement, maximum,
to $19; minimum, $7.50 to
one-fourth death benefits.
$14; total not over $3,750..
___ , and No provision1___ ___
(a) (5) 55 per cent of wages during .TOper cent of wage loss for not over
pital service /or 90 days; 30
300 weeks; basic wage, maximum,
disability, not over 500 weeks;
days' additional treatment ft
basic wage, maximum, $24; min
$24: minimi*™, $10. Specified in
necessary in opinion of board;
juries. 55 per cent wages for fixed
imum, $10; total not over $5,000.
charges limited to prevailing
periods; basic wage, maximum,
rates.
$24; minimum, $10; disfigurement,
not over 200 weeks
benefits;
(a) CO per cent of wages for 400 Specified injuries, 60 per cent of Reasonable medical, surgical, and One-half
nothing if law of
hospital service /or 4 weeks, if
wages for fixed periods; pro
weeks; weekly maximum, $15;
nation
excludes
requested
by
employee,
court,
portionate for others; maximum,
minimum, $6, or actual wages.
or commissioner; maximum$100; citixens of United
$15; minimum. $0, or actual wages.
>) Same for not over 300 weeks,
States.
$100 additional in exceptional
ompensation increased by twothirds for fifth, sixth, and sev
enth weeks of disability.
(a) (b) 00 per cent of earnings dur* 00 per cent of wage loss during Reasonable mcdical. surgical, and $750 maximum except
to residents of Can
hospital service for BO days, if
disability, not over 8 years: speci
ing disability, not over 8 years;
ada.’
demanded by employee; maxi
fied Injuries, 50 per cent of wages
weekly maximum, $15; mini
mum, $150.
for fixed periods; maximum, $12;
mum, $6.
minimum, $6.
8
Notice as soon as practi (a) Industrial commission. (6) Volun All employers within provisions (a) No provision. (b)Dc- Illinois,
pertment of labor; > :
of act must report all injuries
tary agreement, not before 7 days
cable, not later than 30
mine inspector.1
of more than 1 week's disability
after injury; disputed cases settled
days; claim in 0 montlis.
to industrial commission; fatal
by arbitrator or arbitration com
acddcnts at once; others once a
mittee; review by full commission;
month; supplementary report
appeal to courts upon questions of
of permanent disability cases.
law.
Notice in 30 days or benefits (a) Industrial board. (5) Voluntary All employers must report all in (a) Industrial board, (b)
No provision.
juries of more than 1 days' dis
agreement, not before 7 days after
will begin from date of
ability within 1 week to indus
injury, approved by board; dis
notice; claim iu 2 years.
trial board; supplementary re
puted cases settled by board or
port after 00 days or upon
member thereof; review by full
termination of disability.
board; appeal to courts upon ques
tions of law.
Notice in 15 days; if in 30 (a) Industrial commissioner. (5) Vol All employers must report all ao- (a) No provision, (b) Bu- Iowa,
reau of labor statistics;1
ddents of more than l day's
untary agreement, not before12 days
days, not barred except os
mine inspectors.1
disability within 48 hours to
after Injury, approved by commis
to extent employer was
industrial
commissioner;
sup
sioner;
disputed
cases
settled
by
prejudiced; bar absolute
plementary report after 60
arbitration committee; review by
after 90 days; claim in 2
days or upon termination of
commissioner; appeal tocourts.
years.
disability.
No commission, (b)
Notice in 10 days; daim in (a) Courts. (5) Voluntary agreement; All employers affected by act
.Department of lafenr
must report annually to factory
disputed cases settled by local arbi
in 6 months.
and industry.1
inspector “ such reasonable par
tration committee or by an arbi
ticulars as to accidents as State
trator; review by court.
factory inspector may require.'
•4
(a) No provision, (b) Mine Kentucky.
compensation board.
(a) (b) 65 per cent of wages during ir permanent, percentage of a total Reasonable medical, surgical, and Ono-hulf benefits; Notice as soon as practica (a)(6)Workmen's
inspectors; > Kentucky
Voluntary agreement approved
ble; claim in 1 year.
to widows and chil
hospital servico/or90days, maxi
disability; if temporary, 65 per
disability, not over 8 years;
Employees' Insurance
by board; disputed cases settled by
dren only.
mum $100, unless board fixes
cent of wage loss; not over 835
weekly maximum $15, mini
Association.
board,
a
member
of
same,
or
referee;
other period, when maximum is
weeks; maximum, $15, total not
mum $5; total not over $6,000.
weeL
review by foil board; appeal to
$200; same for hernia operation;
over $4,000. Specified injuries, 65
after 60 days or
courts.
charges limited to prevailing
l>cr cent of wages for fixed periods;
tion of disability,
rates.
maximum, $12; minimum, $5.
Compensation for disfigurement.
No
provision............................. (a) No commission, (b)
Notice in 6 months: firo- (a) Courts, (b) Voluntary agreement
(a) 65 per cent of wages for 400 65 per cent of wage loss for not over Reasonable medical, surgical, and No provision..,
New Orleans factory in
approved by court; disputed eases
ceedings must bo begun
hospital service; maximum,
300 weeks: maximum, $20. Speci
weeks; maximum, $20; mini
spector.1
settled
by
court.
within 1 year.
$290; charges governed by work
fied Injuries, 05 per cent of wages
mum, $3, or actual wages, <b)
man's station.
for fixed periods; maximum, $20;
Same for not over 300 weeks.
minimum, $3, or actual wages.
Disfigurement, not over 100
weeks.
assenting employers must re (a) No provision, (b) De Maine.
66ft per cent of wase loss, maximum, Reasonable medical and hospital Ono-half benefits Notice in 30 days; daim in (a) Industrial acddent commission, Allport
(«) (6) __
partment of labor and
all acddents promptly to
(b) Voluntary agreement approved
1 year.
except toresidentsof
service for 90 days, maximum,
$18 for not over 300 weeks. Speci
ing disability, not over 500
industry.1
Industrial
acddent commission;
by
commission;
disputed
cases
Canada.
$100; additional service in dis
fied injuries, 66# per cent of
weeks; maximum, $18; mini
Insurers
must
Airnish
informa
settled by commissioner; appeal to
cretion of commission.
wages for fixed periods; thereafter
mum, $6; total not over $0^)00.
tion
requested
by
commission
court
upon
questions
of
law.
a total or partial disability benefit,
or insurance commissioner.
not over 300 weeks in all.
i But includedby constructionof law.
i Provision hdd by court to be in conflict with treaty and with fourteenth amendment.
1005*—20f.
(Face p. 72.) No. 2
PINCIPAL FEATURES OF LAWS OF THE UNITED STATES RELATIVE TO WORKMEN’S COMPENSATION A
8tate
1930, 1922,1924.
Compulsory, as to “ cxtrahazardous'' Compulsory, as to all Employers must in
sure in State fund or
workmen employed
-employments for gain (list); act does
private companies,
for wages and en
not apply to casual employees, farm
or provide self-in*
gaged In extrahazlabor, domestic service, country
ardous
employ
blacksmiths, wheelwrights, or sim
ments, and State
ilar rural employments. Koitinmilitia. Voluntary,
fary, as to works not cxtrahazardous.
as to other employ-
Massachusetts. Ch. 752. Ap Elective, as to all employments, except
farm labor, domestic service, and
proved July 28,1011. In effect
persons not In usual course of cmJuly 1,1012. Amended, each
piojrar*s business. Voluntary, as to
year.
excepted employments.
Michigan. No. 10. Approved Elective, as to all
employees n o t___
Mar. 20,1012. In effect Sept.
employer's business.
1 .1 0 1 2 / Amended, lor
K
1017,1019, 1021.
, except
course of
Suits for damages
after election by
both employer and
employee
Special confcts
Injuries covered
Waiting timo
Per cent of wages
Permitted if employer Waivers forbiddcx.
failed to Insuro risk,
or accident caused
by his deliberate in
tention.
Waivers forbtddet..
Accidental personal injuries aris 3 days...
ing out or and in course of em
ployment, unless duo to willful
intention to Injure self or an
other, willful misconduct, or in
toxication as the sole causo.
Personal injuries arising out of and 7 days. None if disa 66% per cent.
bility co n tin ues
In course of employment, unless
more than 4 weeks.
duo to serious and willful mis
conduct. (Occupational diseases
included by decision of court.)
Electing employers Presumed in absence Presumed in absence Assumed risk, follow Not permitted.—
service, and contrib
of written notice to
of written notice
mustinsure in pri
utory neRlige:
posted in establish
employer and filed
vate companies or
with commissioner
ment and filed with
less willful.
provide self-insurcommissioner of la
of labor.
bor. Contractsmust
state rejection in
writing.
Employer may nlntatn Personal Injuries by accident aris 1 week. None If disa
bility continues 4
ing out of and in course of em
approved aches, but
weeks.
ployment, unless intentionally
may not reducdability
self-inflicted, duo to intoxica
fixed by law.
tion, or caused by fellow em
ployee for personal reason. Des
ignated occupational diseases in
cluded.
Compulsory, as to dl Electing employers
employees, includ
must insurein State
fond or private
ing those of publle
companies, or pro
contractors.
vide self-insurance;
nonhazardous emin State
66% per cent.
Maximum period
Death
[«) Dependents
Lb) No dependents
(•) 66% per cent of wages for life;
maximum, $18; minimum, $8, or
actual wages; total not over
$5*000. (b) 66% per cent of wages
for not over 6 years; maximum.
$18, minimum. $8, or actual
wages, total not over $3,750.
Death and specified in Death and total disabil (a) 66% per cent of wages for £0C
ity, 500 weeks; partial
juries: Maximum, $16;
weeks; maximum, $16; mini
disability, no limit.
minimum, $4. Otaers:
mum. $4; total not over $4,000.
(6) Expenses of burial, maxi
Maximum, $16; nlnimum, $7.
mum, $150; and $100 to second
Injury fond.
(a) (b) 66% per cent of wages for
not over 500 weeks; weekly maxImum, $16; minimum, $7; total
not over $4,000.
Mini- Death, 300 weeks. Dis (a) Expenses of last sickncss and
ability, 500 weeks.
burial, maximum, $200; 60 pei
cent of wages for 300 weeks;
maximum, $14; minimum, $7.
(b) Expenses of last sickness and
burial, maximum, $200.
(a) (b) 60 per cent of wages during
disability, for not over 500weeks;
weekly maximum, $14; mini*
mum, $7; total not over $7,000.
Maximum, $20. Mini
mum$8, oractual wiges.
during depend
ency. Permanent total
disability, life. Tempo
rary total and partial
disability, 300 weeks.
^Burial
$150; 30 to 66% per c
maximum, $20; minimum, $8, oi
actual wages; total not ovci
$7,500. (b) Expenses of burial
maximum, $150: and $200 to sec
ond injury fund.
Personal injuries by accident aris 8 days. None If disa 66% percent.
b i l i t y continues
ing out of and in course of eranont, not intentionallysclfmore than 4 weeks.
Maximum, 120. mini Temporary total disabil
ity, 400 w o t o p ^
mum, $5, or atual
nent, during 11
wages in case of tonporary disability.
CompuUory, as to all Electing employers Presumed in absence Presumed in absence Assumed risk, fellow Permitted if employer Existing schemes nay bo Personal injuries by accident aris lweek. None if disa 66% per cent..
bility continues for
ing out of and in course of em
continued it benes equal
employees except
service, and contrib
of notice posted in
of notice to em
must insure in pri
fails to insure risk.
6 weeks.
ployment, unless duo to willful
those of act. W f ere for
officials elected or
establishment and
vate companies, or
ployer and filedwith] utory negligenceun
negligence
(deliberate
and
reck
bidden.
less
willful.
compensation com
appointed for fixed
filed with compen
provide sdf-insurless indiffcrenco to safety, or in
terms.
missioner.
sation commis
toxication).
sioner.
EkcUte, as to all employments except
farm labor, domestic service, out
workers ana casual employees not in
the usual course of toe employer's
business. Voluntary, as to excepted
employments.
Nevada. Ch. 183. A]
Mar. 24,1011. In effect July 1,
1011. Now act, ch. Ill, 1013.
Amended, each session.
7 days. Then com
Elective, as to ail employments except Compulsory, as to all Electing employers Writing filed with Presumed in absence Assumed risk, fellow Permitted if employer Waivers forblddei Hos Personal lu ________________
pensation from date
ing out of and in courso of em
farm labor, domestic service, and
service, and contrib
pital ftmd may j main
of notice to employ
is in default on in
employees, indudmust insure in State
commission; notice
of injury.
ployment, unless duo to wfllfid
mmmJ employees not in usual course ‘ ins those of public
utory negligenceun
fund.
er and filed with
tained.
of rejection to be
surance premiums.
intention to injure self or an
of employer's business. Voluntary,
less willful.
contractors.
posted In establishother, or sustained while intoxi
as to exempted employments.
cated.
i Not providedforincompensationlaw.
Maximum. $15. Mnl- Death, 350 weeks. ^ Per (a) Expenses of burial, maximum
manent total disability,
mum, $6, or acual
$150; 66% per cent of wages fo
life. Temporary total
350 weeks; maximum, $15; mini
wages.
disability, during its
mum, $6, or actual wages, (b
continuance. Partial
Expenses of burial, maximug
disability, 300 weeks.
Death, 10 to 66% per Death: Maximum hsic Death, during life or until
cent. Total and
wage, $120 a mo.th.
remarriage of widow or
partial
dependent
widower.
Disability:
Manfaly
Total disability, during
maximum, $10 to 272;
ity, 60 per
mlplmtiiiij |30.
its continuance.
cent;
permanent
partial andspecified
Injuries, 50 per cent.
_____ expenses, maxhnurr
J150; widow or dependent wid
ower, 30 per cent of wages unt!
death or remarriage; 15 per cen
additional for each child; tote
not over 66% per cent; month!
maximum basic wage, $12(
Also burial expenses, maximur
8150, in case of death of depenc
ent. (b) Burial expenses, max:
i, $150.
Medical and surgical aid
Total disability
(a) Permanent
(b) Temporary
Maximum, $18; minimum, Death, 416 weeks. Per (a) Burial expenses, maximum,
$8, or actual wages.
manent total disability,
$125; 06% per cent of wages for 8
life. Temporary total
years; maximum,$18, minimum,
38, or full wages, not over ~
disability, 312 weeks.
nor less than $1,000. (5) ]
expenses, moximum18l25, i
estate sufficient to defray same.
(a) Burial expenses, maximum
$150; expenses of last sickness
maximum. $250; three hundrec
times 66% per cent of weekfc
earnings, payable weekly; 121
maximum, $6 minimum, (b
Expenses of last sickness am
burial, as above.
Death,
400
weeks.
Per
Burial
Maximum,
$15.
XiniDeath,
30
to
,50
per
2
weeks.
None
if
dis
Injuries
from
fortuitous
event
aris
Waivers
forbtddemospltal
Writing filed with Prosumed in absence Assumed risk, fellow Permitted if employer
manent total disability,
mum, $7, or a&ual
cent. Disability, 50
ability continues 6
ing out of and in courso of em
fund may be xnstafned.
service, and contrib
in State fund is in
board and posted in
of written notice to
500
weeks.
Temporary
wages.
percent.
ployment.
establishments.
utory
negligence
default
on
Insuranco
‘ oyer and filed
total disability. 300
minimum, $7, or actual wages
unless willful.
board.
premiums.
weeks. Partial disabil
(b) Burial c--------------- 1-----ity, 150 weeks.
$125.
employers Presumed in absence Presumed in absenco Assumed risk, fellow Permitted if employer Waivers forbidden.
____ isuie in pri
fails to secure pay
service, and contrib
of written notice
of written notice
ment of compensa
vate companies or
utory negligence.
filed with the comfiled with the comtion.
" ■
sdf-insur-
Nebraska. Ch. 196. A]
Apr. 21,1913. In effect Dec. 1,
1917, 1919,
------ ....................
—
1914. Amended,
1921.
66% per cent.
Ifmlnnim atii^ ynlnlmlim
weekly compensation
payments
1)0 Personal injuries arising out ofand 1 week. None if dis 60 per cent—----------- Maximum, $14.
Compulsory, as to all Electing employers Writing filed with in Presumed in absenco Assumed risk, fellow Permitted Ifemployer TfrfaHng
mum, $7.
ability continues 6
in courso of employment, unless
continued, but • reduc
is in default on in
service, and contrib
dustrial accident
of written notice, if
must insure in State
weeks.
due to intentional and willful
tion In liabllityllowcd;
surance premiums.
employer elccts.
board.
utory negligence.
fund or private
misconduct. (Court holds in
waivers forbiddc
companies, or pro
jury must bo accidental.)
vide self-insurance.
Elective, as to all employments where EUctive, acceptance by
enactment of law or
moro than 10 are regularly em
ployed, except farm and domestic
ordinance.
servants, casual employees, out
workers, and those whose earning
exceed 8,000 per year; also of 10 or
lew, if employment foundhazardous.
Montana. Ch. 9ft. Approved Elective, as to hazardous employments;
farm labor, domestic service, and
Mar. 8,1015. In effect Julyl,
employees (defined as not in
1415. Amended, 1019, lib ,
usual course of employer’s business)
1925.
excepted. Voluntary, as to nonhazardous employments.
By employee
Defenses abrogated if
employer does not
elect
Compulsory, ns to la Electing private em By subscribing to Presumed in absenco Assumed risk, fellow Not permitted.
ployers must insure
service, and contrib
State association or
of written notice, if
borers, workmen,
in Massachusetts
utory negligence.
in other
employer insures.
and mechanics of
Employees* Insur
State. Elective, as
ance Association or
to counties, cities,
other private camtowns, or districts
having power of tax-
Minnesota. Ch. 467. Approved Elccthe, as to all employments, except Elector, as toe
ees of count]
farm labor, domestic service, steam
Apr. 24,1013. In effect Oct. 1,
Jes, towns, v
railroads, casual employees not in
1013. Amended, 101$, 1017,1010.
ypfl ffffbOAl di__
usual course of employer's business.
New act, ch. 82,1021. Amend
except
Commercial threshing and baling
ed, 1921,1023,1025.
included. Voluntary, as to farm
Missouri.P.875. Approved Apr.
30, 1925. In effect: (Deferred
by referendum).
By employer
Publle
Private
Compensation benefits
How election is made
Employments covered
TO INSURANCE—Continued
(•) 66% per cent of wages; maxi
mum. $20; minimum, $8, or
actual wages: not over $10,000
in all. (b) 66% per cent of wages
for not over 360 weeks; maxi
mum, $20, minimum, $8, or
actual wages.
Partial disability
Nonresident alien
bcnefldaries
Time for notice and claim
(a) By whom administered
(b) How daims are sottled
Acddent-prevention work
by—(a) Compensation
commission, (b) Other
agencies
Acddent reports required
State
Such medical, surgical, or hospital Dependent widows, Notico of accident in 10 days; (a) Industrial accident commission, All employers must report all acd (a) Industrial acddent Maryland.
dcnts to industrial acddent com
commission, (b) Board
(b) Application by employee to com
of death in 30 days, unless
children, and par*
service, including artificial limbs
of labor and statistics;
mission at once. Commission
mission which may render award, or
sufficient reason; claim in
as may be required by commlscnts only; may com
may require additional reports.
mine inspector.!
Spodfied injuries, 66% per cent of
appoint arbitration committee, ap
30 days for injury, 1 year
■'
aximnm. 8500. Chorees
mute within one
peal to commission, then to courts.
wages for fixed periods; maximum,
death.
year at three-fourths
to prevailing rates.
$18; minimum, $8, or foil wages,
value, not over
In addition to temporary total; not
$2,400.
over $3,750 in oil.
Reasonable medical, surgical, and No provision *______ Notice as soon as practi (a) Industrial accident board. jb) All employers must report all in (a) No provision, (b) De Massachusetts.
juries to board within 48 hours;
partment of labor and
cable; claim in 0 months.
hospital service for t weeks. or
industries;! Massachu
supplementary report after 60
longer, at discretion of board.
setts Employees' Insur
days or termination of disabil
ance Association.
ity; insurers report compensa
board; certain cases tallendirect to
other compensation; maximum,
tion paid within 60 days after
board; appeal to court upon ques
$10; minimum, $4.
termination of disability.
tions of law.
m
iii
w
w |O W |
m
iv iu fju r u t jr .
0 per cent of wage loss during dis Reasonable medical and hospital Included.________ _
ability, for not over 500 weeks:
service, for today*.
weekly maximum, $14. Specified
injuries, 60 per cent of wages for
fixed neriods; weekly maximum,
$14; minimum, $7, in lieu of other
payments.
, Tll cent of wage loss during dis Reasonable medical and surgical Xnduded----ability, for not over 300 weeks;
treatment for $0 days; commis
maximum, $20. Specified injuries,
sion may allow additional treat
66% per cent of wages for fixed
ment, if need is shown. Charges
periods, in addition to temporary
limited to prevailing rates.
total; maximum, $20, minimum,
$8, or actual wages. Disfigure
ment, not over 75 weeks.
fe) 66% per cent of wages for 300 66%per cent of wage loss, maximum,
weeks; $20 maximum. $6 mini$20, not over 100 weeks if tempo
mum^ theni25
25 per ccent
__of wages
rary. Specified injuries, 66% per
______ (b) 66%
___per cent of
cent of wages; maximum 120,
wages for not over 400 weeks;
minimum, $6, for fixed periods,
$20
minimum $ffy or
in lieu of all other compensation.
actual wages.
Disfigurement, not over $1,000
additional.
«) 50 per cent of wages for 500 50per cent of wage loss, for not over
weeks; maximum, $15; mini
150 weeks If permanent, 50 weeks
mum, $7. (b) 50 per cent of
if temporary; maximum, $7.50.
wages for not over 300 weeks;
Specified injuries. 50 per cent of
maximum, $15; minimum, $7.
wages for fixed periods; maximum.
or actual wages, in lieu of 8li
$15; minimum, $7, or actual
other compensation.
wages. In lieu of all other compen
sation.
a) (b) 66% per cent ofwages for300 66% per cent of wage loss for not
weeks; maximum, $15; mini
over 300 weeks; maximum, $15.
mum, $6, or actual wages; there
Specified injuries, 66% per cent of
after 45 per cent of wages during
wages for fixed periods, in addi
disability; maximum, $12; mini
tion to temporary total; maxi
mum, $4.fiQ, or actual wages.
mum, $15; minimum, $q, or actual
wages; certain disfigurements
compensated.
a) 60 per cent of wages for life; 60 per cent of wage loss, for not over
monthly iwftttnmm. $60: mini
60 months; monthly maximum,
mum, $30; also $30 for services of
$40. If permanent, 50 per cent of
constant attendant, if required;
wages for periods proportioned to
(b) 60 per cent of wages, for not
disability, for not over 60 months;
over 100 months; total not over
monthly maximum, $60. Speci
$7,200; monthly maximum, $72;
fied injuries 50 per cent of wages
minimum. $30; $10 additional
for fixed periods in addition to
per . m
<
month
if dependents in
temporary total; monthly maxiUnited States.
minimum, $30. Dis;, not over 12 months.
Medical, surgical, and hospital No provision...
treatment as reasonablyrequired
for 00 days, not over $250, and
thereafter within one year, as
commission may determine.
Notice in3 months; daim in (a) Department of labor and Industry, All employers must report all in (e) No provision, (b) De Michigan.
partment of labor and
juries to department on eighth
(b) voluntary agreement approved
6 months; 2 years if dis
Industry.1
day after occurrence; supple
by deportment; disputed cases set
ability develops after o
mental reportof deathswithin 14
months after date ofinjury. tled by arbitration committee; ap
days.
peal to department; certain cases
taken direct to department; appeal
to court upon questions of law.
Notice in 14 days; if in 30 (a) Industrial commission, (b) Em All electingemployers must report (a) No provision, (b) De Minnesota.
partment of .labor and
fatal and serious acddent. with
ployers are directed to pay compen
days not barred except as
Industries:! county inin 48 hours, other tabulatable
sation according to terms of act,
to extent employer was
spectors of mines.!
acddcnts within 7 days to in
without agreement or order; may
prejudiced; bar absolute
dustrial commission.
not discontinue over protest of beneafter 90 days. Action
fidary without notice to commis
must bo brought within
sion. Orders issuo after hearing,
6 years.
subject to review and appeal to
courts.
Notice in 30 days; daim In (a) Workmen's compensation com All employers must report all (a) No provision. (b)8tate Missouri.
industrial inspector.!
injuries in 10 days; supplr-™
mission. (b) Agreements approved
6 months.
tary report in one month.
by commission; disputes settled by
commission; appeal tocourt on ques
tions of law.
Reasonable medical and hospital Exdudcdunlesstreaty Notice in 60 days; daim in
6 months.
to contrary, then
service for B months; maximum,
40 per cent benefits
$500, unless there is a hospital
if treaty permits;
fund; spccial operating feeof $50
in case of hernia.
none if law of na
tion excludes dtizens of United
States.
Reasonable medical and hospital Widowers, brothers, Notice as soon as practi
cable; claim in 6 months;
service not exceeding the regular
and sisters excluded;
bar absolute after l year.
charge in similar cases.
may commute with
in one year at twothirds valuo.
(a) Industrial acddent board, (b) Dis All employers and insurers must (a) Industrial acddent Montana.
board, (b) Department
report all acddcnts to industrial
puted cases determined by board
of labor and industries
acddent board: employers not
subject to rehearing on certain sped(mines and boilers
in
State
fond
must
report
fled grounds; limited appeal to
only).!
monthly on compensation and
courts.
mcdlcol aid paid.
(a) Commissioner of labor who is also Reports oracddcnts shall be made («) No provision, (b) Bu Nebraska.
reau of Labor.
as directed by compensation
compensation commissioner, (b)
commissioner.
Voluntary agreement filed with
commissioner; disputed cases settled
by commissioner; appoal to court.
Reasonable medical, surgical, or Sixty per cent of ben Notice of injury in 30 days; (a) Industrial commission, (b) By All dectlng employers, and physi
cians must report all acddents
commlstton under roles adopted by
death in 60 days; daim in
hospital treatment for 6 months,
efits.
to industrial commission.
which may bo extended anaddi
90 days for disability; 1
year for death.
tional year by commission.
T ra n sp o rta tio n tarnished.
Charges limited to prevailing
rates.
*But indudedby constructionoflaw.
r____ , (b) V1"
__ commissioner;! in
spectors of mines.!
1005°—20f.
(Fftce p. 72.)
Nevada.
No. 3
PRINCIPAL FEATURES OF LAWS OF THE UNITED STATES RELATIVE TO WORKMEN’S COMPENSATION AI
Private
New Hampshire. Ch. 10 . EUctint, as to "dangerous” eimflmu
rants -enumerated, except $31*21
Aggovjd Apr. tS, .19 11.. to
«r atwjps having less than 5 * 2
Jan. 1,1912. Amended,
plcowes
engaged in manual or
1923,
■chantafl la ta ; applies only t j
fabUe
Jgy employer
Electing employere 'Writing filed with
commissioner of
must give proof of
tfnancfal ability or
labor.
fflea bond.
By employee
By acceptingcompen
sation or beginning
proceedings under
act.
for damages
Defenses abrogated if Suits
after rtiwHim by
employer docs not
both
employer
and
elect
employee
Compensation bencl
Special contracts
Permitted in lieu of No provision___
compensation after
Injuries covered
Total disability
Waiting timo
Per cent of wages
Maximum and minimum
weekly compensation
Maximum period
New Mexico. Ch. 83. Ap
proved Mar. 13,1917. ^ In effect
June 8,1917. Amended, 1919,
192L
irk. Ch. (ML Approved
Now York.
lacOeetJutyH,
Dee. I10,1913b
f '
1914. Amended each jiear.
North Dakota. Ch. 182. Apnofed Mar. ^1919. In effect
Jujjr 1^!919 l Amended 1921,
Amended eadi session.
Oklahoma. Ch. 24(L Approved
Mar. 22,191* In effect wept 1,
1915. Amended 1919,1923.
Oregon. Ch. 112. Approved
Feb. 25,1913. In effect July 1,
1914. Deferredby refen —
■ Amended, each session.
Death
(a) Dependents
(ft) No dependents
Injuries by accident arising out of 1 week. Then com Disability, 50 per cent. Disability, maximum, $15. Disability, 300 weeks____ (a) 150 times weekly eoralnrc
total not over $3,000. (ft) Ex
and in course of employment,
pensation from date
Minimum, no provision.
penses of medical attendance
unless due to willful misconduct,
of injury.
and burial; maximum, $100.
intoxication, or violation of law.
g hrtjw, Mtq-Jjagptoymenti
1911. Amended, 1913, 1914,
1919,1921,1922,1923,1924,1925,
D INSURANCE—Continued
Compulsory, as to an AH employersmust in Presumed in absence Presumed in absence Assumed risk, fellow Not permitted......
<«) Burial expenses, madz
Personal injuries by accident aris 7 days. None if dis Death* 35 to 00 per Maximum. $17. Mini
No substitute
sure xnprivate comof written notice to
$150:35 to w per eent of
of written notice to
ability exceeds 7
ing out of and in course of em
mum, $8, or
service, and contrib
c e n t. Disability,
valid.
employer.
KSfcrSkSTg l>anies, or provide employees.
for 300 weeks; maximum, $17;
weeks.
ployment, unless intentionally
utory negligence
per cent.
thoso receiving a
minimum $8 or actual wages.
self-insurance; em
ability, ___ ____
solf-infllctcd, or due to intoxica
unless willful. Ab
salary over
ployersoffarmlabor
(5) Expenses of last sickness,
Temporary total and
tion. Designated -------------rogation does not
_____ am, $100, and burial <
and dot
partial disability, 500
depend upon rejec
ice
oxen
senses,
maximum, $150.'
.
tion
of
act.
J M t , as to a*'extrahazardoos*»
Electing employers Presumed in absence Presumed in absence Assumed risk, fellow Not permitted......
No provision except that Injuries by accident arising out of 10 days..
Death, 15 to 00 per Death: Basic weekly wage, Death, 900 weeks; total (a) Burial expenses, maximum,
pktyncoti Jbr rain tt 4 ornSw S E No provision_____
must insure in pri
$75; 15 to 60 per eent o fm p s
or written notice to
of written notice to
disability. 590 weeks;
maximum, $30. Disa
and in courso of employment,
service, and contrib
employer may maintain
cent. Disability, 90
ploywa; «wuT!m ploye«rSt^
employees.
vate 'companies or
employer.
for « 0 weeks; bade wage, maxipartial disability, no
unless duo to Intoxication or in
utory negligence.
bility: Maximum, $12;
percent.
hospital fund.
usual course of employer’s bushiM.
provide eelf-insurt
tentionally inflicted by himself
minimum, $6, or actual
provision.
excepted, numerical cx^tiondES
or
another.
not apply to structural wcrk lo fa?
above ground. Voluntary,
nonhazardous employments.
Compulsory, as to all Employers must in
Accidental personal injuries aris 1 week. None if dis Death, 15 to 66# per Death: Maximum bade Death, during life or until (a) Burial expenses, maximum,
Permitted if employer Waivers forbidden.
employees.
sure in State fund
$200; widow or dependent wid
remarriage of widow or
ability continues for
ing out or and In oouzso of em
wage, $150 a month.
eent. Disability,
foils to insure risk.
motheremployments having4eruM»
or private com
ower, 90 per cent of wages until
ployment, unless duo to wOUul
dependent
widower.
more than 7 weeks.
Disability: W e e k l y
66# per cent.
'workmen «r operatives, condnT!
panies, or provide
death or remarriage; 10_per cent
for-intin* ■farmand
'
mini*
Permanent
total
disa
Intention to injure self or an
ram, $2fc
self-insurance.
additional for caw child; total
bility.
life.
Others,
dur
other,
or
intoxication.
Desig
$8,
or
full
•» to as*
not trar «fGM per eent; maxi
ing disability.
nated occupational diseases in
mum bade ■wage, $150 a month,
cluded.
(ft) Burial expenses, maximum.
$200, and $1 j000to create special
funds.
‘Omtpttoom as to all employment, Compulsory, as to all
Employers must in
Injuries arising in course of em 1 week. None if dis Death, 20 to 66# per Death: B asie wcokly Death, during lifeor until <«) Burial expenses, maximum,
Permitted if<
Waivers forbidden.
-cxeopt .executive officers ncrivflz
employees.
sure in 8tate fund.
$150; 35 per eent ofweekly wages
ability continues for
remarriage. Disability,
ployment unless caused by will
wage; maximum, $30,
cent. Disability*
morethan 12,400 per year,
fails to
more than 1 week.
during its continuance. - to widow or dependent widower
minimum, $18, but com
ful intention to injure self or
68# per cent.
domestic service, casual emotor-E
until death or remarriage; 10
pensation not more than
another, including diseases
not in usual course of tmfioSS:
per cent additional for each
proximately caused by tho em
w a g e s . Disability:
business, and any common carrw
child, total not over €6# per
by steam railroad. Folasfar^JJ?
ployment.
Weekly maximum, $20.
cent: basic wage, maximum, $30,
m, $6. er actual
excepted employments.
1,0
minimum, $18, no compensation
lflessthan$6.
to exceed wages. (5) Burial exDenSCS. tnnTlmntn. $150.
Compulsory, as to all emplon&nit. Compulsory, as to all
Employers must in
Death, 416 weeks. Perma (a) liurial expenses, maximum.
66# per cent.
except those having less
Waivers forbidden except Injuries sustained In courae of em 1 week----Permitted
in
case
of
employees, except
sure in State fund
$150; 66# per cent of wages for (
ployment, unless purposely selfnent total disability.
ploycea, and casual employ*,
default oninsurance
in case of blind employees.
officials or firemen
or provide self-in
years; maximum, $18.75; total
Hfe. Temporary total
infficted. Designated occupain usual course of employer** bffi
premiums.
and policemen in
surance.
disability, 312 wwks.
not over $6,500 nor less thax
tional diseases included.
ness. loltta/aiv,a8 to emplQnnT^
cities having pen$2,000. (ft) Burial expenses
Partial disability, dur
having less than 3 em ploye*111*
sion funds.
muimum, $150.
ing its continuance.
Compulsory, as to "hazatdoos** m
Compulsory, as to all Employers must in
Maximum, $1& Mini Permanent total disabil Fatdaccidents not covered..— .
ployments (enumerated list
Permitted Ifemployer Approved schemes permit Accidental personal injuries, not 5 days___ ____ _____ 66# per cent----workmen in hazard
sure in private com*
ity, 500 weeks. Temiwfatal, arising out of and in course
mum, $8, or actual
general clause) conducted far nu!
ted. Waivers forbidden.
fails to insure risk.
ous employments
panics or provide
laqr total and partial
of employment, unless due to
employed far wages*
self-insurance.
disability, £00 weeks.
ployees, farm labor, and hiibu^ ;
willTul intention to injure self or
except when equiva
not engaged in manual or n i Z 7
another, intoxication, or willful
lent schemes are In
calwork.
failure to use statutory safefftTCP,
SUctire, as to enumerated Mh«ani
as to all em
loyers Presumed in hazard Presumed in absence Assumed risk, fellow Permitted if injury is Waivers forbidden.,
Personal injuries by accident None..--------------- - Monthly p e n s io n ; Monthly pension. Mini Death, during Hfeor until fa) Burial expenses, ’ maximum
ous” employments ciceptfcS Electee,
ployees.
remarriage of widow or
tate
ous employments in
gOO^widow or invalid widower
of written notice, if
labor. Voluntary, as to tttS S
mum: death, $15. per
service, and contrib
arising out of and m course of
due to willful act of
amounts not based
fund.
employer elects.
absence of notice
____t month until death or re
invalid widower. Total
employment.
***"
manent total disability,
employment, unless due to de
u to r y negligence
on wages, except
employer or in case
starring*;
$8 for each cfcild un
posted in establish
disability,
during
its
liberate
intention
to
injure
self.
except willful and
$30;
no
maximum.
Tem
for
temporary
total
of default on insur
S e r ju
expenses
ment and filed with
iler
16.f '(ft^Suriai
C conthmanoB. Tempoporary total disability,
with purpose of selfance premiums.
injury.
$30 to $97. Permanent
MMweeks.
partial disability, $25.
SNflt providedforIncompensationhtw.
Medical and saigbal aid
Partial disability
(«) ($) 50 per eent of wages, for 50 per cent of wage loss for not over
not over 9 » .weeks; maximum,
300 weeks; maximum, $15.
Reasonable medical and
for 14 days.
Nonresident alien
beneficiaries
No provision...
06# per cent of wages for periods Seasonable mcdical and hospital No provision_______
proportioned to disability, for not
service; maximum, $100; in
over 500 weeks. Specified in
cases requiring unusual treat
juries, 60# per cent of wages for
ment bureau may increase
fixed periods; maximum, $17:
amount; special operating fee
minimum, $8, or actual wages; all
of $150 in case of hernia.
in addition to temporary total.
to <9 50 per oentof wages for not If pennancnt, compensation meas Reasonable medical,surgical, and Excluded.,
erer 530 weeks; maximum, $12;
ured by extent of disability.
hospital service for 10 days;
wifdnann, $6, or actual wages.
Specified injuries, 50 per cent of
maximum, $150, unlessthere is a
wages for fixed periods, in addi
hospital fund; special oper
tion to temporary total; maxi
ating fee of $75 in case of hernia.
mum, $12; minimum. $6 or actual
wages. Disfigurement, maximum,
nnm, $8* oractual wages, (ft)
« # per cental wages, for not
over 500 weeks; maximum, $17;
minimum, $8, or actual wages.
Time for notice and claim
(a) By whom administered
(ft) Dow claims are settled
Accident reports required
Accident-prevention work
by—(0) Compensation
commission, (ft) Otlfcr
agencies
Notice as soon as practicable (a) Courts, (ft) Voluntary agreement, All employers subject to act must (a) No commission, (ft)
Bureau of labor.*
make such reports to commis
or by action in equity beforesuperior
and before leaving service;
sioner of labor as required by
claim in 6 months.
court.
State
New Hamp
shire.
Notice in 14 days; 30 days, (a) Department of labor, (ft) Volun Employers must make immediate (4) Department of labor, Now Jersey.
(ft) No provision.
report to department of all acci
except as employer is pre
tary agreement approved by de
dents and occupational diseases.*
judiced; bar absolute after
partment; disputed esses settled by
90 days; claim in 1 year.
department or referee; appeal to
courts.
Notice of occupational
disease In 5 months after
last exposure.
(a) Noprovision.(ft) Mino New Mexico.
Notice in 14 days; if pre (a) Courts, (ft) By interestedparties; No provision-..
vented, not later than 60
disputed cases settled by district
days. Claim in 60 days
court. Appeal to supreme court.
after compensation re
fused; 1 year in case of
death.
(•)
per cent of wages for life; 66# perjDent of wage loss; total not Such medical, surgical, and hos Widow, chndren, and Notice of injury in 30 days, (a) Industrial
commissioner, (ft) All employers must report all acci (a) Department of labor,
mBamum,$20; minimum,$&or
(ft) Noprovision.
over $3^00 if temporary. Speci
dents to industrial commission
pital service as nature of injury
dependent parents
death in 30 days unless
Claim submitted to employer or
fall wages, (ft) 66# per cent of
fied injuries, 66# per cent of wages
within 10 days; commissioner
requires. Charges limited to
only; may be com
excused for cause; claim
commissioner after 7 days after In
wages during disability; maxi
for fixed periods, plus fixed heal
may
require
any
information.
prevailing rates.
muted at one-half
in 1 year.
jury; hearing by commissioner or
mum, $20; minimum, $8, or full
ing time in certain cases; maxi
present worth.
board on request; appeal to court
------i; total not over $3,500.
mum, $20: minimum, $8, or actual
upon questions of law.
wages. Disfigurement, maximum,
.«) (ft) 66# per cent of weekly If temporary, 66# per cent of wage Such mcdical, suigicn], and hos No provision. In Claim In 60 days; 1 year if (a) Workmen's compensationbureau, AH employers must report all
wages during disability; maxiloss; maximum, $20. If permanent
accidents to bureau within 1
pital service as thenature of the
reasonable cause shown.
cluded by adminis
(ft) Bureau has full power to deter
munij $20; minimum, 16, or
for fixed periods according to
Injury requires.
week.
tration.
mine an questions within its Juris
schedule of pcrcentage of disa
diction; appeal to courts.
bility. Disfigurement compcn-
New York.
(a) Workmen's compen North Dakota.
sation bureau, (ft) No
provision.
a) 66# per cent of wages for life; 66# per cent of wage loss; maxi Such mcdical and hopsltal service Included............... .... Claim for injury or death, in (e) Industrial commission, (ft) Com All employers must report all acci (a) Industrial commission Ohio.
maximum, $18.75; minimum,
(ft) Noprovision.
mum, $18.7$ total not over $3,75a
dents to industrial commission
as commission deems proper:
2 years; far occupational
mission determines all questions
$5, or actual wages, (ft) 66# per
Specified injuries, 66# per cent of
maximum $200 except in un
within 1 week.
discaso, 4 months.
within its jurisdiction; appeal to
cent of wages for not over 0
wages for fixed periods in addi
usual cases.
court.
yean; maximum, $18.75; mini
tion to temporary total; maxi
mum, $5, or actual wages; total
mum, $18.75. Disfigurement, not
not over $$,750.
over $3,750.
i) 66# per cent of wages for 500 66# per cent of wage less for not Necessary medical, surgical, and Fatal accidents not Notico in 30 days; daim in (a) Industrial commission, (ft) Volun All employers must report all acci- (a) Noprovision. (ft) De Oklahoma.
weeks; maximum. $18; mini
partment of labor,1 in
over 300 weeks. Specified inhospital service /or eo days:
donts to industrial commission
lycar.
covered.
tary agreement, after 5 days, ap
mum $8, or actual wages, (ft)
spectors of mines, oil,
imfes» W # per cent of wages for
$100; period and
within 10 days or reasonable
proved by commission; disputed
66# per cent of wages, for not
,n» m ucww, TimTfrptmi, *18: maximum,
and
gas.1
amount may be increased at
time:
commission
may
require
cases may be submitted to arbitra
over 300 weeks; maximum, $18;
mlnlmuSiTIK or actual wages.
discretionof commission; charges
any information.
tion committee, or commission may
minimum, $8, or actual
Disfigurement, maximum, $3,000.
limited to prevailing rates.
act; appeal to courts.
Special provision for hernia.
\$30 a month If single. $35 if If temporary* benefits proportion Medical, surgical and hospital Parents, spouse,
Claim for disability in 8 (a) Industrial accident commission, All employers must report all acd- (a) Industrial accident Oregon.
commission, (ft) Bureau
ate to those for totaldisability
dents to industrial accident
service and transportation;
child only, un
months; death, 1 year.
(ft) Commission settles all ques
for not over 2 years. Specified
of labor statistics.1
maximum, $250; commission
commission ct once.
treaty
to
contrary.
tions; appeal to courts.
wages according to number ofde
permanent injuries $25 a month
may
allow
additional
service.
pendents, maximum $07; minifor fixed periods, in addition to
im $30, $40ifdependentspouso
temporary total; others in pro
J
Ain wages, during disability.
portion, but not over 90 months.
1905°— SOf.
(Facdp. 72.)
No. 4
PRINCIPAL FEATURES OP LAWS OF THE UNITED STATES RELATIVE TO WORKMEN’S COMPENSATION A. <D INSURANCE—Continued
Employments covered
IIow election is made
Insurance
State
Private
Pennsylvania. No. 338. Ap EUctire. as to all employments except
form labor, domestic service, casual
proved June % 1915. In effect
Jan. l, 1916. Amended, 1917,
employees not in usual course of
employer's business, and out
1919,1921,1933.
workers.
Porto Rico. No. 19. Al ..____
Apr. 13.1916. In effect July 1,
1916. Amended, 1917. New
act, No. 10,1918; in effect Jubr
1, 1918; amended, 1919, 1939,
1921,1925.
Compulsory, os to all employments
except domestic service, nonhazardous clerical occupations, and em
ployees receiving more than $1,500 a
year.
Rhode Island. Ch. 831. Ap
proved Apr. 29,1912. In effect
Oct. 1, 1912. Amended, 1913,
191ft, 1917,191% 1920,1921,1926.
Eleciire, as to all employments except
those having less than 6 employees,
farm labor, domestic service, casual
employees not in usual courso of em
ployers business, and employees
receiving over $3,000 a year. Vol
untary, as to excepted employments.
Elective, as to all employments exccpt
farm and domestic service and em
ployees not in usual course of em
ployer's business. Compulsory, as
to threshing grain.* Voluntary, as
to excepted employments.
South Dakota. Ch. 376. Ap
proved Mar. 10, 1917. In
effect June 1,1917. Amended,
each session.
By employer.
Public
Compulsory, as to all
employees. Includ
ing public contrac
tors.
ptecUng _
must insurein Stato
fund orprivatecom
panies or provide
sdf-insurance.
Compulsory, as to em Employers must in
sure in State fund,
ployees engaged on
public works per
formed by adminis
tration under direcand members __
municipal Are corps.
Compulsory, as to em
must insure in pri
ployees of State.
vate companies or
Elective, as to em
provide self-lnsur*
ployees of cities and
towns, except lire
and pdico depart*
mcnts.
Compulsory, as to all Electing employers
must Insure in pri
employees.
vate companies or
provide selMnsur-
Voluntary, as to State
and subdivisions.
Tennessee. Ch. 123. Approved
Apr. 15,1919. In effect July 1,
1919. Amended, 1923.
Electee, as to all employments except
those employing less than 5 em
ployees, farm labor, domestic
service, and casual employees (not
in usual course of employer's busi
ness). Voluntary, as to employ
ments having less than 5 employees.
Texas. Ch. 179. Approved
Apr. 16,1913. In effect S<
1,1913. Amended, 1917, If
Elective, as to all employments cxcept No provision.......__ Electing employers
these having less than 3 employees,
must insurein Texas
form and ranch labor, domestic
Employers' Insur■auce Association or
service, railways used as common
carriers, and employees not in usual
other private comcourse of employer’s business.
Utah. Ch. 100. Approved
Mar. 15,1917. Inefltat July 1,
1917. Amended, each session.
Compulsory, as to all employments
except those having less than 3 em
ployees, form labor, domestic serv
ice, casual employees not in usual
course of employer's business. Feluntary, as to excoptcd employments.
Compulsory, as to all
employees, includ
ing elective officials.
___
sure m pri
vate companies or
provide self-insur
ance; State fund for
coalmining.
Employera must in
sure in State fund or
private companies
or provide self-in-
By employee
Compensation benefits
for damages
Defenses abrogated If Suits
after election by
employer dues not
both
employer
and
elect
employee
Special contracts
Presumed in absence Presumed in ahsenco Assumed risk, fellow Permitted if employer Waivers forbidden.
of notice posted in
of written notice to
foils to insure risk.
service, and con
establlshmcnt.given
tributory ncgigence
employer and filed
employee, and filed
unless due to in
with compensation
with compensation
bureau.
toxication or reck
bureau.
lessness. Abroga
tion does not depend
upon rejectionoilact.
Injuries covered
Waiting time
Per cent of wages
Personal injuries by accident In 10 days.
course of employment, unless
intentionally self-inflicted, or
duo to intentional act of third
party for reasons not connected
with the employment.
Maximum and minimum
weekly compensation
payments
Maximum period
Death
(a) Dependents
(b) No dependents
Death, 15 to 00 per Death: Basic wage, maxi Death, 300 weeks. Total | (a) Expenses of burial, maxi
mum, $100; 15 to 60 per cent of
disability. 500 weeks.
mum, $20; minimum,
cent. Disability, 00
wages for 300 weeks; basic wage,
Partial disability, 300
$10. Disability: Maxipercent.
maximum, $20; minimum, $10.
weeks.
mum, $12; minimum,
(b) Expenses of burial, maxi
$6, or actual wages.
mum, $100.
Temporary total dis Temporary total disabil Temporary total disabil (a) Compensation proportioned
Personal injuries by accident or 7 days.
to earning capacity, number
ity, 101 weeks.
ity: Maximum, $15;
ability, 50 per cent.
sickncss occurring during and
and needs of dependents of
Tninlmtim, $3.
because of employment, unless
deceased; maximum, $1,000;
due to intent to commit a crime,
minimum, $1,000. (b) No
to injure one's self or another,
provision.
to intoxication, the willful crim
inal act of another, or solely to
gross negligence.
Total disability: Maxi Death, 300 weeks. Total (a) 50 per cent of wages for 300
Writing filed with Presumed in abscneo Assumed risk, fellow Permitted if employer Approved schemes permit Personal injuries by accident aris 1 week. None if dis 50 per cent..
weeks; maximum, $14; mini
disability. 500 weeks.
mum, $16; minimum,
ability continues for
ing out of and in course or em
commissioner o f
ted if benefits equal those
of written notice to
foils to insure risk.
service, and con
mum, $0. (b) Expenses of last
Partial disability, 300
$7. £arthu disability:
moio than 4 weeks.
ployment. unless due to willful
labor.
of act; waivers forbidden.
employer, copy to
tributory ncgligence.
sickncss and burial, maximum,
weeks.
Maximum $10: mini
intent to injure self or another,
be filed with com
$200.
m
um
,^
Death:
Max
or intoxication.
missioner of labor.
imum $14, minimum $6.
disability, during (a) 50 per cent of wages to equal
Presumed in absence Presumed in absence Assumed risk, fellow Probably permitted Approved s u b s t i t u t e Personal injuries by accident aris None (administrative Total disability, 55 Permanent total dis Total
four times annual earnings;
its continuance. Partial
ability: Maximum, $15;
per cent. Partial
construction of con
ing out of and in course of em
of written notice to
Fchemos
permitted;
of written notice to
service, and con
if employer foils to
maximum. $3,000; minimum,
disability,
312 weekst
mi n i mu m, $7.50.
disability, 50 per
flicting provisions).
ployment, unless duo to willful
employees and filed
waivers forbidden.
insure risk.
employer and filed
tributory negligence.
$1,650. (6) Burial expenses:
Other disability: Maxi
cent.
misconduct, intoxication, fail
with c
with commissioner.
maximum, $150.
mum,
$15;
minimum,
ure to use safeguards, violation
$7.50, or actual wages.
of law, or intentionally selfinflicted.
Burial expenses, maximum.
Personal injuries by accident aris 1 week. Nono if dis Death, 20 to 50 per Maximum, $15: minimum, Death, 400 weeks. Per (a)$100;
Presumed in absence Presumed in absence Assumed risk, follow Permitted if employer Waivers forbidden.,
20 to 50 per cent of wages
manent total disability,
$5, or actual wages.
cent. Disability, 50
ability continues for
ing out of and in course of em
of notice pasted in
of noticetoemployer
service, and con
foils to insure risk.
for
not over 400 weeks; maxi
550
weeks.
Others,
300
percent
ployment,
unless
duo
to
willful
6
weeks
or
more.
establishment and
and bureau of work
tributory negligence.
mum.
$15; minimum, $5, oi
weeks.
filed with bureau of
misconduct, intentional selfshop end factory
actual wages. (5) Burial ex
inflicted injury, intoxication, or
workshop and fac
inspection.
penses,
maximum, $100.
tory inspection.
willful failure to use safety ap
pliances or perform statutory
Maximum, $20; mini Death, 300 weeks. Total (a) 00 per cent of wages for 3G(
GOper cent..
By subscribing to Presumed in absence Assumed risk, fellow Permitted if employ Waivers forbidden..
Personal* injuries sustained in 1 week..,
weeks; maximum, $20; mini
disability. 401 weeks.
mum, $7.
course of employment unless
State association or
of written notice to
service, and con
er's willful or gross
mum, $7. (b) Expenses of las*
Partial disability, 300
insuring in other
due to willful intent to injure
employer.
tributory negligence,
negligence causes
sickness, and funeral beneii:
weeks.
company and notiunless willful or due
self
or
another,
intoxication,
death; damages, in
of $100.
act of Qod, or caused by act of
to intoxication.
addition to com
industri
third party for personal reasons.
pensation, if part
board.
of Insurance pre
miums is charged
against employee.
Burial expenses, maximum
60 per cent_________ Death: Maximum, $10. Permanent total disabil (a)$150;
Permitted if em A p p r o v e d substitute Personal injuries by accident aris 3 days...
60 per cent of wages for i
ity, life. Others, 312
Disability: Maximum,
schemes permitted if
ing out of or in course of em
ployer foils to In
years;
maximum, $16; total no
weeks;
may
be
extend
$16; minimum, $7, or
benefits equal those of
ployment. except those pur
sure risk, or if injury
over $5,000 nor less than $2,000
ed from special fund,
actual wages.
posely sell-inflicted.
isdueto employers
act; waivers forbidden.
(b) Burial expenses, maximum
in
case
of
total
de
willful misconduct.
$150; and 20 per cent of a deatl
pendents.
benefit to a second injury an<
total dependents' fund.
Permitted If injury is No provision..,
caused by illegal act
or gross negligence
of employer.
l Not provided for In compensation law.
Total disability
(а) Permanent
(б) Temporary
(a) (b) 60 per cent of wages for
not over 500 weeks; maximum.
$12; minimum, $0, or actual
wages; total not over $5,000.
'Medical and surgical aid
Partial disability
Nonresident alien
bencficiaries
Time for notice and claim
(a) By whom administered
(b) llow claims are settled
Accident reports required
Accidcnt-prcvention work
by—(a) Compensation
commission, (b) Other
agencies
8tato
(a) Workmen's compensation board, All subscribers to State fund must (a) Workmen's insurance Pennsylvania.
report all accidents to work
(b) Voluntary agreement, after 10
board as to subscribers
days, approved by board; dis
mens insurance board within
to State fund, (b) De
7 days; commissioner of insur
puted cases settled by referee,
partment of labor and
appeal to board; cases involving
ance may require insurers to
industry;1 department
file annunl statement of loss
agreed focts settled by board direct;
of mlnes.>
appeal to court upon questions of
experience. All employers (ex
cept casual employments) must
report all accidents of 2 days'
disability to department of labor
and Industry within 30 days.*
Claim must be made in 90 (a) Workmen's relief commission, (b) All employers must report all ac (a) No provision.
(b) Porto Rico.
Investigation and awards by com
days, 120 days if delay due
Department of agricul
cidents to commission within 5
mission; appeal to court.
to ignorance or cause out
days.
ture and labor.1
of claimants' control.
! loss for not over ! Reasonable medical, surgical, and Two-thirds benefits; Notice in 14 days; claim in
to widows and chil
l year.
hospital service for 80 days;
300 weeks: maximum, $12. Speci
dren only.
maximum, $100. except in hos
fied injuries, 60 per cent of wages
pital eases. Charges limited
for fixed periods in lieu of other
to prevailing rates.
payments; maximum, $12; mini
mum, $6, or actual wages. Dis
figurement, 60 per cent of wages,
not over 150 weeks.
Necessary medical attendance No provision...
(a) Compensation proportioned If pfrwmnewty
and sustenance as prescribed
portioned to degree of disability
to ago and rate of wages; maxi
by commission.
and rate of wages in addition
mum, $4,000; minimum, $2,000.
to temporary total; maximum
(b) 50 per cent of wages during
$2,000.
disability, for not over 101
weeks; maximum, $15; mini
mum, $3.
(a) (b) 50 per cent of wages for 50 per cent of wage loss for net over Reasonable medical and hospital No provision___. . . . . . Notice in 30 days; claim in
lyear.
scrvice for 8 iwk«r maximum,
300 weeks; maximum, $10. Speci
not over 500 weeks; maximum,
$150. or $200, including burial, in
fied injuries. 50 per cent of wages
$16; minimum, $7; total not
fotal cases Involving no depend
for fixed periods in addition to ail
orer $5,000.
other compensation; maximum,
ents.
$10; minimum, $1.
(a) Courts; commissioner of labor All assenting employers (except (o) No commission, (b)
cxcrcises certain functions, (b) Vol
public utilities) must report all
Factory inspector.1
untary agreement approvedby com
injuries of 1 week's disability to
missioner of labor; disputed coses
bureau of labor within 2 weeks,
settled by court; appeal to supreme
fotal within 48 hows.
court upon questions of law or
equity.
Notice in 30 days unless (a) Industrial commissioner, (b) Vol All assenting employers must re (a) No provision, (i Inexcused for cause; claim
untary agreement approved by
port all accidents to industrial
spector of mines.1
in l year.
commissioner; disputed cases set
commissioner within 48 hours;
tled by arbitration committee;
supplementary report after 60
review by commissioner; appeal to
days, or upon termination of
court upon questions of law.
disability.
Rhode Island.
8outh Dakota.
(a) 55 per cent of wages during 50 per cent of wage loss for not over Necessary medical, surgical, and Excluded.
hospital service for 12 weeks;
disability; maximum, $15,
0 years; maximum, $15. Speci
maximum, $150.
fied injuries, 55 per cent of wages
minimum, $7.50, total not more
for fixed periods in addition to
than death benefits, (b) 55 per
temporary total; maximum, $15;
cent of wages for not over 6
minimum, $7.50, or actual wages.
years; weekly maximum, $15;
Disfigurement, maximum, oneminimum, $7.50,’ or actual
fourth death benefits.
, wages.
Notice as soon as
(a) Courts. Department of labor Subscribers to coal operators* («) No provision, (b)
(a) 50 per cent of wages for 400 50 per cent of wage loss for not over Reasonable medical, surgical, and Included..,
cable; barred after:
Department of labor.1
hospital service for 90 days,
State fund must report all acci
300 weeks; maximum, $12; mini
supervises,
(b) Voluntary agree
weeks; maximum, $15; mini
longer at option of einr*
unless causeshown;
dents to commissioner of labor.
ments approved by court; disputed
mum, $5, or actual wages. Speci
mum, $5, or actual wages; not
maximum, $100; chi
in 1 year.
cases settled by courts.
fied injuries, 50 per cent of wages
over $5 thereafter for 150 weeks;
to prevailing rates.
for fixed periods; others propor
total not over $5,000. (b) 50
tionate; maximum, $12; mini
per cent of wages for not over
mum, $5, or actual wages.
300 weeks; maximum, $15;
minimum, $5, or actual wages,
Notice in 90 days; claim In (o) Industrial accident beard.
(b) All employers must report all acci (a) No provision, (b) Texas.
(s) (b) 60 per cent of wages during 60 per cent of wage loss for not over Reasonable medical and hospital
Bureau of labor statis
service/or 4 weeks. Two weeks
dents of more than 1 day's (Us
6 months
Voluntary agreement or by board;
300 weeks (401 weeks if partial
disability, for not over 401
tics;* mine Inspector,1
additional in cases requiring
appeal to court.
ability to board within 8 days;
follows total disability); maxi
weeks; maximum, $20; mini
Texas Employers' In
hospital confinement. Charges
supplementary report after 6
mum, $20. Specified injuries. 60
mum, $7.
surance Association.
limited to prevailing rates.
days, or upon termination of
per cent of wages for fixed periods,
disability.
In lieu of all other compensation;
proportionate for others, includ
ing disfigurement; maximum, $20;
miptftniTn, $7.
\a) 60 per cent of wages for 5 years; 60 per cent of wage loss for not over Reasonable medical and hospital One-half benefits ex Notice in 48 hours, or pen (a) Industrial commission* (b) Com All employers must report all (a) Industrial commission, Utah.
(b) No provision.
alty; barred after 1 year;
service; maximum, $500; more
accidents to commission within
cept to residents of
mission has full power to determine
thereafter, 45 per cent for life;
0 years; maximum, $16; total not
death claims barred after
if found necessary; hospital
1 week.
weekly maximum, $16; mini
all questions relating to compensa
oxer $5,000. Siiedfled injuries.
lyear.
benefit fund permitted in lieu
mum, $7. (b) 60 per cent of
tion; limited appeal to court.
60 per cent of wages for fixed
wages for not over 6 years;
of above.
periods, in addition to temporary
maximum, $16; minimum, $7,
total; maximum, $16. Disfigure
or actual wages; total not over
ment or loss of bodily function;
$5,000.
maximum, 200 weeks.
100.V— 2fit. (Face p. 72.) No. 5
PRINCIPAL FEATURES OF LAWS OF THE tJNITED STATES RELATIVE TO WORKMEN’S COMPENSATION A
Employments covered
Private
Vermont. Ch. 161. Appro' _
Apr. 1, 1915. In effect July 1,
1915. Amended each session.
Compensation benefits
How election is made
Public
Elective, as toall employments for gain, Eleethe, as to all emexcept those having less than 11 em
------------ Bbto,
ployees, domestic service, casual
employees, those not in usual course
or receiving moro
of employer’s business or receiving
than $2,000 a year.
over $2,000 a year. Voluntary, as to
other employments.
By employer
mustInsure in pri
vate companies or
provide sdMnsur-
By emidoyee
for __
Defenses abrogated If Suits
after election by
employer does not
both
em
ployer and
elect
employee
Presumed in absence Presumed in absence Assumed risk, follow Not permitted— .
service, and con
of written agreement
of written agreement
tributory negligence.
or notice to em
or notice to em
ployees and board;
ployer and board.
municipalities vote.
Virginia. Ch. 400. Became law Elective, as to all employments except Compulsory, as to all Electiot employers Presumed in absence Presumed in absence Assumed risk, fellow Not permitted..
over governor's veto Mar. 21,
those employing less than 11 em
service, and contrib
employees except
must insure in pri
of written or printed
of written notice to
1918. In effect Jan. l, 1919.
ployees, farmlabor, domestic service,
administrative of
vate companies or
utory ncgligcnoe.
notice to employees
employer and comAmended each session.
steamrailroads, casual employees, or
ficers and employees
and commission.
provids self-insur
those not in usual course of em
elected or appointed
ance. ployer's business. Voftcntorv, as to
for definite terms.
excepted employments.
Washington. Cli. 74. Approved Compulsory, as to “ extrahazardous” Compulsory, as to all Emplopis must in
Suit for excess donj
Mar. 14.1911. In effect Oct. lf
employees In “ extrasure mState fund.
1911. Amended each session.
list.,, V ^n to ^ as toTmpioynknts
hazardous” work in
a§dit£ntocompei^
not “ extrahazardous.”
which workmen are
sation, if injury re
employed Corwages,
sulted fromdeliber
and salaried peace
ate intention of em
officers. Voluntary,
ployer.
as to employments
not “ extrahazardous.”
West Virginia. Ch. 10. Ap
Elective, as to all em
oyeis By paying premiums Remaining In service Assumed risk, fellow Suit for excess dam
proved Feb. 22; 1913. In effect
_____ _____i State
service, contribu
ployees except el
and posting notice.
with notice of em
ages permitted, in
Oct. 1/1913. Amended 1915,
fundorprovide Selfployer’s election.
tory negligence, and
tive
officials.
addition to compen
1919; 1923* 1925.
Voluntary, as to employees' not
negligence of per
sation if injury is
regularly employed.
sons "whose duties
due to employer's
intent toinjury; also
are prescribed by
statute.**
permitted if em
ployer is in default
on
premiums.
Wisconsin. Ch. 50. Approved Elective, as to all emi
Compulsory, as to all Electing employers Presumed as to em Presumed in absence Assumed risk, follow Not permitted........
May 3, 1911. In effect same
tboso having less than 3 employees,*
ployers of 3 or more
must
insure
in
pri
of
written
notice
to
service,
and
eontribemployees
except
of
date. Amended each session.
form labor, and employees not In
persons in absence
employer, if em
ficials.
vate companies or
usual course of employer’s business.
less wi
provide self-insurof notice filed with
ployer elects.
Kofawf^^qoint election), as to
Wyoming. Ch. 121. Approved Compulsory, as to “ extrehazaidous” Compulsory, as to all Employere must in
Feb. 27.1915. In effect Apr. 1,
employmentsenumeratedconducted
employees in “extrasurein State fund.
1915. Amended 1917,1919; 19B&.
forgain, except casual employees not
hazardous” work in
In usual course of employer’s busi
which workmen are
ness, clerical ttnployees not subject
employed for wages
to hazard of employment, and
unless otherwise
provided for.
United States. 35Stat.556. Ap.
Compulsory, as to all
proved May 30,1908. In effect
civil
employees of
Aug. 1,1908. Amended 1911-12.
the United States
*ew act. No. 267, approved
and
of
the Govern
Sept. 7, 1916. In effect same
ment of the District
dale. Amended 1919; 1922,1824,
of Columbia, except
police and firemen
having pension
*D INSURANCE—Continued
Special contracts
Waivers forbidden..
Injuries covered
Waiting time
Per cent of wages
1 week.,
Personal ___ . . _________
ing outtf and in course of em
ployment, unless due to willful
intention to Injure self or an
other, intoxication, or failure to
use safety devices.
Death, 15 to 45 per
cent. Disability, 50
percent.
Maximum and minimum
weekly compensation
payments
Death
[а) Dependents
[б) No dependents
Maximum period
Death: Minimum basic 2G0 weeks..
wage, $5. Total dis
ability: Maximum,
$15, minimum, $0, or
actual wages if ^ less.
Partial disability: Maxi
mum, $10.
Maximum, $12, mini Death. 300 weeks. Total
disability. 500 weeks.
mum, $6.
Partial (Usability, 300
weeks.
expenses, maximum,
00; 15 to 45 per cent of wages
%Burial
for 260 weeks; minimum basic
Personal injuries by accident aris 10 days. None if dis 50 per cent...
ability continues
ing out or and in course of em
more than 0 weeks.
ployment, unless duo to will
ful misconduct, intent to injure
self or another, intoxication, or
willful failure to use safety ap
pliances or obey safety rules.
Monthly pension: Monthly pension: Death, Death, during life or until
Waivers forbidden; hospital Personal injuries resulting from a 3 days..
remarriage of widow or
$20. permanent total dis
amounts not based
fortuitous event, sustained on
fund may bo maintained.
invalid widower. Total
ability, minimum $35;
on wages.
premises of plant or in course of
disability, during its
no fixed maximum.
employment away from
continuance.
not deliberately self- ’
Approved schemes _____
ted. Waivers forbidden.
t) Burial expenses, maximum,
$100:50 per cent of wages for 300
weeks; maximum, $12, mini
mum, $6; total not over $4,500.
(6) Burial expenses, maximum,
$150.
Burial expenses, maximum.
if single, $120 if married; $33
%a 100
month to widow or invalid
widower until death or remar
riage; and $12.50 for 1 child, $7.0.'
for next youngest, and $5 toeach
other child under 16; S250 «lditional to widow, (b) Burial ex
penses, maximum, $100.
Burial expenses, maximum,
Death, monthly pen Disability: Maximum, $16, Death, during lifo or until (a)$150;
widow or invalid widower,
remarriage of widow or
minimum, $8.
sion.
Disability,
$30
a month until death or re
invalid
widower.
Per
06ft per cent.
marriage; $5 additional for each
manent total disability
child under 16. (5) Burial ex
lifo. Temporary total
penses, maximum, $150.
disability, 78 weeks.
Permanent partial disa
bility, 310 weeks.
Burial expenses, maximum,
Maximum, $18.20; mini Permanent total disability,
Insurance or other schemes Personal injuries growing out of 1 week. None if dis 65 per cent..
_00;
cent of wages tc
1,000 weeks.
%equal
S 654 per
mum, $0^3.
ability continues for
and incidental to employment,
may provide added bene
years' earnings, but
more than 3 weeks.
unlessintentionally self-inflicted
fits. waivers forbidden.
not to exceed a total disability
Occupational diseases included.
benefit: maximum annual earn
ings, $1,400; minimum, $525
(6) Burial expenses, maximum
$200, and 4 years' earnings,maxi
mum, $1,00% to special depend
ency fond.
Benefit funds permitted Personal injuries sustained in 1 week..
course of and resulting fromem
ployment, unless seu-intiictcd
contribute and benefits
or due to willful misconduct,
equal thosc.ofact. Waivers
disobedience to rules, intoxi
forbidden.
cation, or failure to use safety
appliances.
total disabil No provision.......
Permitted if employer Waivers forbidden. No re Injuries sustained as a result of 7 days. None if disa Amounts not based Temporary
ity: Monthly pension,
bility continues for
on wages.
employment, unless due to cul
duction of liability al
does not contribute
$50 to $90. Fixed lump
moro than 21 days.
pable negligence of employee or
lowed.
to State hind.’
sums in other cases.
willful act of a third patty.
Government can not No provision.....
be sued.
1 Not provided for in compensation law.
wage, $5; total not over $3,500;
(^Burial expenses, maximum,
Personal injuries sustained while 3 days. Compensa Death, 10 to
cent.
Dl„
tionbeginsonfourth
in performance of duty unless
66% per cent.
day after disability
due to willful misconduct, in
or exhaustion of sick
tention to injure self or another,
and annual leave.
or intoxication, including any
disease praximatciy caused by
the employment.
Dea t h : B a s i c wago, Death, during life or until
remarriage of widow or
m o n t h l y maximum,
widower; other depend
$100: minimum, $50.
ents, 416 weeks. Disa
Total disability:
bility, during its conMonthly
maximum,
$66.67; minimum, $33.33,
or actual wapes f less
than $33.33. Partial dis
ability: Monthly maxi
mum, $66.67*
(a) Burial expenses* maximum
$150, lump sum of $2,000 t*
widow or invalid widower; ato
$120ayear for each boy under 1C
or girl under 18; total not ove
$3,G00. (6) Burial expenses
maximum, $150.
■ Burial expenses, maximum
and transportation; 35 pe
%J100
cent of wages to widow or dt
pendent widower until death c
remarriage and 10 per cent fc
each child under 18, not ovc
66K per cent in all; other d<
pendents, 10 to 40 per cent fc
not over 8 years; basic wagi
maximum, $100 a month; min
mum, $50. (6) Burial expenses
maximum, $100 and transport*
ton.
Total disability
(a) Permanent
(ft; Temporary
Medical and surgical aid
Partial disability
Nonrcsident alien
beneficiaries
Time for notice and claim
(a) By whom administered
(5) How claims are settled
Accident reports required
Acddcnt-preventlan work
by—(e) Compensation
commission. (6) Other
8goncios
State
All assenting emidoycrs must re-! (a) Commissioner of in- Vermont.
(a) (6) 50 per cent of wages for 50 per cent of wage loss for not over Reasonable medical, surgical, and No provision...
Notice as soonas practicable;
port all injuries^of l_day's dls- ! dustries. (6) No provi
260 weeks; maximum, $15; mini
claim in 6 months.
hospital service /or 14 days,
2fl0 weeks: maximum, $10. Speci
ability or requiring medical at-!
mum $6, or actual wages if less
fied injuries, 50 per cent of wages
maximum, $100. Charges lim
tendance
to commissioner with
by commissioner, appeal to courts.
than $3; total not over§4,000.
for fixed periods, in addition to
ited to prevailing rates.
in 72 hours; supplementary re
temporary total; others propor
port
after
each GO days or tei>
tionate; maximum, $15, minimum,
initiation of disability.
$6 or full wages if less. Compensa
tion for disfigurement.
[a) (6) 50 per cent of wages for not 50 per cent of wage loss for not over Necessary medical, surgical, and $1,000 maximum ex Notice in 30 days. Claim In (a) Industrial commission, (b) Vol All employers must report all in (a) No provision. (5) Bu Virginia.
reau of labor and indus
juries of over 1 week's disability
over 500 weeks; maximum, $12,
untary agreement after 10 days ap
lyear.
300 weeks; maximum, $12. Speci
hospital service /or 90 days,
cept to residents of
trial statistics.1
to commission within 10 days;
minimum, $6; total not over
proved by commission; disputed
Canada.
fied injuries, 50 per cent of wages
longer at option of employer,
supplementary report after 60
$1,500.
cases settled by commission or
for fixed periods; maximum, $12,
employee must accept unless
days
or
upon
termination
of
dis
member thereof; reviewby full com
minimum, $0. Disfigurement, not
otherwiso ordered by commis
ability.
mission; appeal to courts.
over 60 weeks.
sion; charges limited to prevail
ing rates.
No provision; (b) Divi Washington.
$35 a month if single* $40 if Proportionate amounts based upon Necessary medical, surgical, and One-half benefits; to Claim In 1 year...,
(a) Division of industrial Insurance, All employees must report all acci (a)sion
of safety;1 State
dents to division of Industrial
. or invalid husband, and
(b) All questions relating tocompen
parents only, unless
loss of earning capacity; maxi hospital service and transporta
mining
board.1
insurance at once.
$12.50 for one child. $7.50 for
sation determined by division; ap
mum, $2,400. Fixed sums for tion. Employees bear one-half
treaty to contrary;
next youngest, and $5 for each
peal to courts.
certain specified injuries.
cost.
nothing if law of
other child under 16. If tem
nation exdudes citi
porary, above schedule increased
zens of U n i t e d
far first 6 months in certain casts.
States.
(a) 66K per cent of wages for life; If permanent, 66K per cent of wages Reasonable medical, soigical, and Widow, invaud wid Claim In 6 months; proof of (a) Compensation commissioner. (5) All employers must report any in (a) Commissioner may re West Virginia.
quire e m p l o y e e s
formation required by compen
weekly maximum. $16, mini
dependency in 9 months.
Commissioner has tail power to de
hospital treatment; maximum,
for fixed periods; for life if over 85
ower, and children
to adopt and post safety,
sation commissioner for purpose
mum, $8. (6) 66H per cent of
termineall questionsrelatingtocom
per cent of disability; weekly
$800; in permanent disability
only.
rules, (b) Bureau of La
of
act
upon
request.
wages for not over 52 weeks (78
pensation; appeal to courts.
maximum, $10, minimum, $8.
cases where disability can bo
bor;1 Department of
weeks in special cases); maxi
materially reduced, special treat
mum, $16, minimum, $3.
ment up to $600.
(a) Industrial commission, Wisconsin.
(a) 65 per cent of wans for 260 to Specified major injuries, fixed per Reasonable medical, surgical, and Included..
Notice in 30 days; daim in (a) Industrial commission, (b) Vol AUcvm~~*~---- ----------(b) No provision.
and insurers must report all
1,000weeks, depending on age of
untary agreement approved by com
2 years.
centages of total disability, speci
hospital treatment for SOdays;
ddents to commission within
employee. Maximum, $18.20,
mission; disputed cases settled by
fied lesser injuries, 65 per cent of
longer if disability periodcan be
first
5
days
of
cach
months
minimum, $6.83. (6) 65 per
commission; appeal to courts.
wages for fixed periods, subject to
decreased; also necessary arti
cent of wages during disability;
extension; others proportionate,
ficial members. Ch r i s t i a n
maximum, 4 years* earnings.
based on SOper cent of schedule,
Science treatment permitted
Maximum annual earnings,
all in addition to temporary total.
unless employer refusesby filing
$1,400, minimum, $525
Disfigurement, not to exceed one
written notice.
year's earnings. On loss of a
major member, $150 must bo paid
into second Injury fund.
Wyoming.
(a) Lump sum of $4,000 plus $120 Fixed lump sums for specified in In nonfatal coses, medical andhos One-third benefits; to Claim in 6 months, but if (a) Courts; fund supervised by State All emidoyers engaged in extra- (al No commission,
inspector of mines.1
hazardous employments must
a year for each boy under 10 or
noticewas given within 20
juries, in addition to temporary
treasurer. (A) Claims and disputed
parents, widow and
pital service: maximum, $300,
report all accidents to district
girl under 18; total not over
cases settled by district courts of
days, claim may be made
total; others in proportion; maxiunless there is a hospital fund.
children only.
court within 20 days.
$8,000. (6) $50 a month if single,
within 9 months.
county; appeal to supreme court.
num, $1,500.
$60 If married; $7.50 a month for
each child under 16; maximum,
$90; total not over S8.000.
No provision, (b) Bu United States.
(a) (6) 66ft per cent of wages 66K per cent of wage loss during Reasonable medical, surgical, and Included..
Notice in 48 hours, 1 year (a) United States Employees’ Com Immediato superiors must report (a)reau
of Mines;1 Bureau
such information as required by
during disability; monthly maxi disability; monthly — 1-----for reasonablecause; claim
pensation Commission. (5) Com
hospital service, and transjwrof Standards;1 Intercommission immediately; sup
mum, $66.67; minimum, $33.33,
$66.67.
for disability in 60 days,
mission decides all questions arising
tulion if necessary, for a reason
*
state
Commerce Com
plementary
reports
as
required
or actual wages if less than
under act.
1 year for reasonable cause;
able period unless emidoyee romission.1
by commission.
$33.33.
death, 1 year.
1 But employers having less than 3 employees lose defense of assumed risk If they do not elect
1005°—2Gt.
(Face p. 72.)
No. 6
TEXT OF WORKMEN’S COMPENSATION LAWS OF THE
UNITED STATES
ALABAMA
CODE OF 1923
Compensation of workmen for injui'ies
[Following are sections of the said code relating to violations of the work
men’s compensation act.]
S ection 3‘.)92. False verification of complaint.— [False statements in verifying
complaints are punishable as perjury,]
S kc. 8!H)3. Accepting compensation after dependency.— [Knowingly accept
ing benefits after marriage or attaining the age of 18 or after disability has
ceased is a misdemeanor.]
S ecs. 3994-3996. Fraudulent claims9 etc.— [The knowing presentation of a
fraudulent claim or fraud in making or perfecting a settlement or knowingly
testifying falsely as to material facts are, as to the first two, misdemeanors,
and as to the last, perjury.]
Sec. 3997. False statements by physicians.— [Physicians knowingly making
false statements or certifications as to compensation claimed are guilty of a
misdemeanor.]
Sr;es. 3998, 3999. Solicitation by attorney.— [Attorneys soliciting employment
to act for a consideration in claims by employees or accepting claims that
have been solicited by others, or who employ solicitors are guilty of a mis
demeanor and are to be disbarred. It is also a misdemeanor for any person not
authorized to practice as an attorney to solicit claims to be represented by him
for a consideration.]
Sec. 4000. False affidavits.— [Making false affidavits is perjury.]
Swo. 4001. Soliciting insurance.— [Insurance companies and their repre
sentatives must comply with the law as to filing their classifications of risks
and premiums, and securing approval of their plan of business from the super
intendent of insurance. Failure to comply is a misdemeanor.]
Sec. 4002. Failure to make reports.— [Any willful failure to make written
reports as required by the compensation law is a misdemeanor.]
S ec. 4003. Accepting assignment of claims.— [Any person other than a bene
ficiary who, for a consideration, takes or accepts an assignment from an em
ployee of his claim or award for compensation or accepts the same as security
or cakes power of attorney to collect the same for an interest therein is guilty
of a misdemeanor.]
[The following are the sections of the compensation act presented as part of
the Civil Code.]
Article 1
S ection 7534. Compensation payable, when.—When personal injury or death is
caused to an employee by an accident arising out of and in the course of his
employment, of which injury the actual or lawfully ijnputed negligence of the
employer is the natural and proximate cause, he, or in case of death, his per
sonal representative, for the exclusive benefits of the surviving spouse and
pext of kin, shall receive compensation by way of damages therefor from the
employer, provided the injury or death was not caused by the willful miscon
duct of the employee or was not due to misconduct on his part, as defined in
section 7544.
Srocs. 7535-7537. Defenses.— [In proceedings under article 1, the common
law defenses are excluded unless the negligence of the employee was willful,
and so in an action at law against an employer rejecting article 2 : but if an
employee rejects and sues an employer who has accepted article 2, such suit
shall be at common law only, with all defenses available to the employer.]
73
74
w o r k m e n ’s COMPENSATION LAWS— UNITED STATES
Secs. 7538, 7539. Scope.— [The provisions of secs. 7534-7537 apply to cases
o f an employee’s death or personal injury under other statutes, and to minors,
whether lawfully or unlawfully employed.]
Sec. 7510. Contracts made within State.—When an accident occurs while
the employee is employed elsewhere than in this State which would entitle
him or his dependents to compensation had it happened in this State, the em
ployee or his dependents shall be entitled to compensation under articles 1 and 2
of this chapter if the contract of employment was made in this State unless
otherwise expressly provided by said contract, and such compensation shall be
in lieu of auy right of action and compensation for injury or death by the laws
of any other State.
Sec. 7541. Burden of proof.—In all actions of law brought pursuant to
article 1 of this chapter, the burden of proof to establish willful misconduct,
or other misconduct as defined in section 7544 of the injured employees shall
be upon the defendant.
Sec. 7542. Attorney's fees.— [No part of the compensation payable under this
act may be paid for legal services except on application by a claimant and
approval by a judge of the circuit court, and may not exceed 10 per cent of
the award.]
Article 2
Section 7543. Scope of act.—Articles 1 and 2 of this chapter shall not be con
strued or held to apply to any common carrier, doing an interstate business
while engaged in interstate conimercc, 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 em
ployer 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. Any
employer who regularly employs less than sixteen employees in any one busi
ness of any county, city, town, village, or school district may accept the pro
visions of articles 1 and 2 of this chapter 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. Said employers who have so
elected to accept the provisions of articles 1 and 2 of this chapter may at any
time withdraw the acceptance by giving like notice of withdrawal. Tn no event
nor under any circumstances shall articles 1 and 2 of this chapter apply to
farmers and their employees.
Sec. 7514. Effect of agreement.—If both employer and employee shall by
agreement expressed or implied or otherwise as herein provided become sub
ject to article 2 of this chapter, compensation, according to the schedules here
inafter 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 any injury or death caused by
the willful misconduct of the employee or by the employee’s intention to bring
about the injury or death of himself or of another or due to his own intoxica
tion 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 regula
tion of his employer of which rule or regulation the employee has knowledge.
If the employer defends 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.
Secs. 7545, 7546. Remedy exclusive.— [Such agreement effects a surrender of
other rights of action or recovery and is binding on survivors, personal repre
sentatives, receivers, etc., and all other rights and remedies are barred; but
criminal liability for violation of law is not affected.]
Skcs. 7547, 7548. Klection.— [Contracts of employment are presumed to have
been made with reference to this act unless otherwise expressly stated in
writing, or unless written or printed notice to the contrary has been given by
either party to the other. Employers* notices must be posted, and those by
employees served on the employer. In either case, a copy must be filed with
TEXT OF LAWS----ALABAMA
75
the probate judge of the comity. Acceptance or rejection may be terminated 011
30 days’ notice lo the other party, a copy, with proof of service, to be filed with
the probate judge.]
Sec. 7549. Minoru*— IMinors have the cuime pow er as adults as to election,
settlements, and the receipt of compensation, subject lo the power of the court
in its discretion, to require the appointment of a guardian.]
S ec. 7550. Settlements.—The interested parties shall have the right to settle
all matters of compensation and all questions arising hereunder between them
selves, but all {settlements made hereunder must be in amount substantially
the same as the amounts or benefits stipulated in this article, unless a judge of
the circuit court of the county where the claim for compensation under this
chapter is entitled to be made or upon the written consent of ibe parties a
judge of the circuit court 01* a judge of the probate court of any county deter
mines that it is for the interest of the employee to accept a le:-wer sum and
approves such .settlement. Any settlements hereunder may be vacated for
fraud, undue influence or coercion upon application made to the judge approv
ing the settlement at any time not later than six months after the date of the
settlement. T'pon such settlements being approved judgment shall be rendered
thereon and duly entered 011 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 proceedings which shall not exceed
$2, shall be borne by the employer. Ail moneys voluntarily paid by the em
ployer 01* 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 011 account of the compensation due.
S ec. 7551. Temporary total disability.— Following is the schedule of compen
sation: (a) For injury producing temporary total disability. 5<j per cent of the
average weekly earnings received at the time of injury, subject io a maximum
compensation of #12 per week, except as otherwise provided herein, and a mini
mum of #5 per week, but if at the time of injury the employee receives average
weekly earnings of less than Jj>5 per week, then he shaii 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 300 weeks. Payments
to be mode at the intervals when the earnings were payable, as nearly as
may be.
(b) Partial disability.—In all cases of temporary partial disability the com
pensation shall be 50 per cent 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 com
pensation shall be paid during the period of such disability, not. however,
beyond £00 weeks, payments to be made at the intervals when Ilie earnings
were payable as nearly as may be and subject to the same maximum as stated
in subsection (a). If the injured employee who is receiving such compensa
tion for temporary partial (Usability 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 allidavit iu 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 disability 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, additional 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 furnish snch
affidavit his right for compensation for temporary partial disability shall cease
until such affidavit is made and furnished.
(c) Schedule for apceiflcd Injuries.—For permanent partial disability the
compensation shall be based upon the extent of such disability. In cases
included by the following schedule the compensation shall be that named in
the schedule, to wit: For the loss of a thumb, 50 per cent of the average
weekly earnings during 60 weeks. For the loss of a first finger, commonly
called index linger, 50 per cent of the average weekly earnings during 35
weeks. For the loss of a second finger, 50 per cent of the average weekly
earnings during 30 weeks. For the loss of a third finger, 50 per cent of the
1965°—26----- 6
76
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
average weekly earnings during 20 weeks. For the loss of a fourth finger,
commonly called little linger, 50 per cent of the average weekly earnings dur
ing 15 weeks. The loss of the first phalange of the tiiuuib. or of any finger,
shall be considered as 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 two or more
phalanges shall be considered as the loss of (he entire finger or thumb; but iu 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 grout too.
50 per cent of the average weekly earnings during 30 weeks. For’ the Joss
of one of the toes other than Hie great toe, 50 per cent of the average weekly
earnings during 10 weeks. The loss of the first phalauge 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-hulf the time prescribed above
for such too. The loss of two or more phalanges .shall be considered as the loss
of the entire toe. For the loss of a hand. 50 per ceut of the average weekly
earnings during 150 weeks. For the loss of an arm, 50 per cent of the aver
age weekly earnings during 200 weeks. For the loss of a foot, 50 per cent of
the average weekly earnings during J25 weeks. Fur the loss of a leg 50 per
cent of the average weekly earnings during 175 weeks. For the leys of an eye.
50 per cent of the average weekly earnings during 100 weeks. For the com
plete and permanent loss of hearing in both ears, 50 per cent of the average
weekly earnings during 150 weeks. For the loss of an eye and a leg, 50 per cent
of the average weekly earnings during 350 weeks. For the loss of an eye
and an arm, 50 per cent of the average weekly earnings during 350 weeks. For
the loss of an eye and a hand, 50 per cent of rlie average weekly earnings dur
ing 325 weeks. For the loss of an eye and a foot, 50 per cent of the average
weekly earnings during 300 weeks. For the loss of two arms other than at
the shoulder, 50 per cent of the average weekly earnings during 400 weeks.
For the loss of two hands. 50 per cent of the average weekly earnings during
4(H) weeks. For the loss of two legs, 50 per cent of the average weekly earnings
during 400 weeks. For the loss of two feet, 50 per cent of the average weekly
earnings during 400 weeks. For the loss of one arm and the other hand. 50 per
cent of the average weekly earnings during 400 weeks. For the loss of one
hand and one foot, 50 per cent of the average weekly earnings during 400
weeks. For the loss of one leg and the other foot. 50 per cent, of the average
weekly earnings during 400 weeks. For the loss of one leg and one hand, 50
per cent of the average weekly earnings during 400 weeks. For the loss of one
arm and one foot. 50 per cent of the average weekly earnings during 400
weeks. For the loss of one arm and one leg, 50 per cent of the average weekly
earnings during 400 weeks: Concurrent injuries^ Where an employee sustains
concurrent injuries resulting in concurrent disabilities he shall receive com
pensation only for the injury which produced the longest period of disability,
but this section shall not effect liability for the concurrent loss of more than
one member, for which member compensation is provided in the specific
schedule in subsection (d) below: Loss of w*e, 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 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 mem
ber not otherwise compensated in this schedule, compensation shall be naid
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, whirli the
extent of the injury to the member bears to its total loss: Refuting employ
ment, If an injured employee refuses employment suitable to his capacity,
offered to or procured for him, he shall not be entitled to any compensation
at any time during the continuance of such refusal, unless at any time in the
opinion of the judge of the circuit court of the county of his residence such
refusal is justifiable. All compensations provided in clause (r) of this section
for loss of members, or loss of use of members, are subject to the same limita
tions as to maximum and minimum as are stated in clause (a). In all other
cases of permanent partial disability not above enumerated, the compensation
shi'll he 50 per cent of the difference between the average weekly earnings
of the workman at fhe time of the injury and the average weekly earnings he
is able to earn in his partially disabled condition, subject to a maximum of
$12 per week as otherwise provided herein. Compensation shall continue dur
ing disability, not, however, beyond 300 weeks. In case the injured employee
leaves the services of the employer for whom he was working at the time of
TEXT OP LAWS— ALABAMA
77
the accident and accepts employment elsewhere lie shall mnk? and furnish
affidavit as to his new employment in the manner as required in subsection
(h) hereof.
(d) Permanent total disability.—For permanent total disability as defined iu
subsection (c) 50 per cent of the average weekly earnings received at the
time of the injury subject to a maximum compensation of $12 per week except
as otherwise provided herein and a minimum compensation of $3 per week.
If ac the time of injury the employee was receiving earnings of less than $3
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 5f>0 weeks; but in all such cases drawing more compensation chan
$5 per week, the payment after the first 400 weeks .shall be red-.iced to $5
per week for the remainder of the 550 weeks, while the permanent total
disability continues; payment to be made at the intervals when the earnings
were payable as nearly as may be. Such payments with the approval of i
circuit judge may be made monthly or quai-re.iy. The total amount of com
pensation payable under this subsection shall not exceed $5,000 in any ease.
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 dependeut on him for support a person or persons named in
subsection (1), (2), and (3) of sections Y552, 7558, whose dependency shall
be determined as if the employee were deceased, in which case the compensa
tion 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 incapacitates the em
ployee from working at an occupation which brings him an income shall
constitute permanent total disability.
( .) 3. Second injuries.—If an employee has a permanent disability or has
previously sustained another injury than that iu which he received a subse
quent 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.
(c)
l l/o. 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-fourtlis amount any pay
ments which said employee had received or may receive for his first disability.
2.
For permanent total disability other than as defined hi subsection {e)
50 per cent of the average weekly earnings received at the time of injury
subject to a maximum compensation of $12 per week and a minimum com
pensation of $5 per week; but if at the time of injury the employee was
receiving earnings of less than $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 400 weeks; payments
to be made at the intervals when the earnings were payable as nearly as may
be. 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 compensa
tion 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 articles 1 and 2 of this chapter.
(e )
4. If an employee receives a permanent injury as specified in this section
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
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w o r k m e n ’s COMPENSATION LAWS— UNITED STATES
weekly compensation, and in 110 case exceeding 500 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 compensation due.
if) Subsequent death.— In case a workman sustains an injury occasioned by
an accident arising out of and in the course of his employment and during the
period of disability caused thereby death results proximately therefrom, all
payments previously made as compensation for such injury shall be deducted
from the compensation, if any, due on account of death.
(f)
1. Hernia.—In all claims for compensation for hernia resulting from
injury 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 compen
sation is chiimed.
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 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 the court considers it unsafe for the employee to
undergo said operation, the employee shall be paid as otherwise provided in
this chapter.
(ff) Wage basis.—Compensation hereunder shall be computed 011 the basis of
the average weekly earnings. “ Average weekly earnings " shall mean the earn
ings 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 the injury divided by 52; blit 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 52 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
52 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 during which the employee has been in
the employment of his employer, or the casual nature or terms of the employ
ment, it is impracticable to compute the average weekly earnings as above
defined, regard shall be had to the average weekly amount, which during the
52 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
]>erson so employed, by a person in the same grade employed in the same class
of employment in the same district Wherever allowance 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.
(h)
Additional allowance for children.— Wherever in this section there is a
provision for 50 per cent such per cent shall be increased 5 per cent for each
totally dependent child of the employee under the age of 18 years at the
time of the injury to the employee until such per cent shall reach a maxi
mum of 60 per cent. Wherever in this section a weekly maximum compen
sation of $12 is provided such maximum compensation shall be increased in
the following cases to the following amounts: Thirteen dollars in case of an
employee with one totally dependent child under the age of 18 years at the
time of the injury to the employee. Fourteen dollars in case of an employee
with two totally dependent children under the age of 18 years at the time of
the injury to the employee. Fifteen dollars in case of an employee with three
or more totally dependent children under the age of* 18 years at the time of
the injury to the employee. The increase in the above per cent and in the
maximum amount shall be paid only so long as the child upon which the in
crease is based remains under the age of 18 years.
Sec. 7552. Dependents.—For the purposes of this chapter the following de
scribed persons shall be conclusively presumed to be wholly dependent:
TEXT OF LAWS— ALABAMA
79
(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 that 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 husband was not in any
way contributing to her support.
(b) Children between 10 and 18 years of age or those over 18, if physically
or mentally incapacitated from earning shall prima facie be considered de
pendent.
Sec. 7553. Total dependents.—Wife, child, husband, mother, father, grand
mother, grandfather, sister, brother, mother-in-law, and father-in-law who were
wholly supported by the deceased workman at the time of his death and for a
reasonable period of time immediately prior thereto shall be considered his
total dependents, and payment of compensation shall be made to them in the
order named.
Sec. 7554. Partial dependents; death benefits.—Any member of a class named
in the preceding section, who regularly derived part of his support from the earn
ings 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 de
pendent and payment of compensation shall be made to such partial dependents
in the order named. 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 shall be paid bo the persons entitled there
to without administration. If the deceased employee leave a dependent
widow or dependent husband and no dependent child, there shall be paid to the
widow’ 30 per cent of the average weekly earnings of deceased. If the de
ceased employee leave a dependent widow or dependent husband and one de
pendent child, there shall be paid to the widow for the beneiit of herself and
such child 40 per cent of the average weekly earnings of the deceased. 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 50 per cent of the average weekly earnings
of the deceased. If the deceased employee leave a dependent widow or de
pendent husband and four or more dependent children, there shall be paid
to the widow for the benefit of herself and such children 00 per cent of the
average weekly earnings of the deceased. 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.
Seo. 7555. Remarriage.—In case of remarriage of a widow of an employee
who had dependent children, the unpaid balance of compensation, which would
otherwise become due to her, shall be paid to such children.
Sec. 7550. Dependents.—If the deceased employee leave a dependent orphan,
there shall be paid 30 per cent of the average weekly earnings of deceased, with
10 per cent additional for each additional orphan with a maximum of 00 per cent
of such wages. If the deceased employee leave a dependent husband and no de
pendent child, there shall be paid to the husband 25 per cent of the average
weekly earnings of the deceased. If the deceased employee leave no widow or
child or husband entitled to any payment hereunder, but should leave a parent
or pa rents, either or both of whom are wholly dependent on the deceased, there
shall be paid if only one parent, 25 per cent of the average weekly earnings of
the deceased and if both parents, 35 per cent of the average weekly earnings of
the deceased to such parent or parents. If the deceased leave no dependent
widow or dependent child or husband or parent entitled to any payment here
under, 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, 20 per cent of the average weekly earnings of the deceased, or if more than
one, 25 per cent of the average weekly earnings of the deceased, divided between
or among them share and share alike. If compensation is being paid under
article 2 of this chapter to any dependent, such compensation shall cease uinm
the death or marriage of such dependent, and the dependency of a child shall
terminate with the age of 18 unless otherwise provided herein. Partial depend
ents shall be entitled to receive only that proportion of the benefits provided for
actual dependents which the average amount of the earnings regularly con
tributed 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.
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w o r k m e n 's COMPENSATION LAWS— UNITED STATES
Sec. 7557. Burial, etc.—In all cases where death resulted to an employee
caused by an accident arising out of and in the course of his employment the
employer shall pay, in addition to the medical and hospital excuses provided
for in section 7507 the expense of last sickness, and burial, not exceeding in
amount $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 nonpayment by the employer would
diminish the benefits received by the dependent of the deceased 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
game 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 dependents no compensation shall be payable, except as provided by this
subsection.
Sec. 7558. Limitation on payments.—The compensation payable in case of
death wholly dependent shall be subject to maximum compensation of $12 per
week and a minimum of $5 per week; but if at the time of injury the employee
receives earnings of less than $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 $12 per week and a minimum of
$5 per week; if the income loss of the said partial dependents by such death is
less than $5 per week, then the dependents shall receive the full amount of their
income loss. This comr>ensation shall be paid during dependency not exceeding
800 weeks, payments to be made at the interval when the earnings were payable
as nearly as may be.
Sec. 7559. Orphans.—In computing and paying compensation to orphans or
other children, in all cases, only those under 18 years of age. or those over 18
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 18. the latter for the time they are so incapacitated, within the period
of 300 weeks.
Sec. 7500. Total dependent*.—Total dependents shall be entitled to take com
pensation in the order named in section 7553 above, until the per cent of the
average weekly earnings of the deceased during the time and as specified in
section 7558 shall have been exhausted; but the total compensation to be paid
to all total dependents of a deceased employee shall not exceed in the aggregate
$12 per week, except as otherwise provided herein.
Sicc. 7501. Preexisting conditions.—If the degree or duration of disability
resulting from an accident is increased or prolonged because of a preexisting
injury or infirmity the employer shall be liable only for the disability that would
have resulted from the accident had the earlier injury or infirmity not existed.
Sec. 7562. Additional allowance for children.—Wherever in the nine preced
ing sections there is a provision for 50 per cent such per cent shall be increased
5 per cent for each totally dependent child of the deceased employee under the
age of 18 years at the time of the death of the employee until such per cent
shall reach a maximum of 60 per cent. Wherever in the nine preceding sections
a weekly maximum compensation of $12 is provided such maximum compensa
tion shall be increased in the following cases to the following amounts: Thir
teen dollars in case the deceased employee leaves one totally dependent child
under the age of 18 years at the time of the injury to the deceased employee.
Fourteen dollars in case the deceased employee leaves two totally dependent
children under the age of 18 years at the time of the injury to the deceased
employee. Fifteen dollars in case the deceased employee leaves three or more
totally dependent children under 18 years of age at the time of the injury
to the deceased employee. The increase in the above per cent and in the
maximum amount shall be paid only so long as the child upon which the in
crease is based remains under the age of 38 years.
Sec. 7563. Limit on payments.—In no case hereunder except as otherwise
provided herein shall the compensation paid hereunder be more than $12 per
week, nor less than $5 per week, and in no case shall the total amount of com
pensation exceed $5,000.
Sec. 7564. Payments.—If compensation is being paid under this article to any
dependent, such compensation shall cease upon the death or marriage of such
dependent. Where compensation is being paid under this chapter to any de
TEXT OF LAWS— ALABAMA
81
pendent, in no event shall sueli 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.
Sec. 7565. Joint employers.—In case any employee for whose injury or death
compensation is payable under article 2 of this chapter shall, at the time of
the injury, be employed and paid jointly by two or more employers subject to
this chapter, such employers sliftll contribute the payment of such compensation
in the proportion of their several earnings liability to such employee. If one
or more but not all of such employers should be subject to article 2 of this
chapter, and otherwise 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 proportionate earnings liability bears
to the entire earnings of the employee. Nothing in this section shall prevent
any arrangement between such employers for a different distribution, as
between themselves, of the ultimate burden of such compensation.
Skc. 7560. n ait ing time.—In ease of temporary total or temporary partial
disability no compensation shall be allowed for the first two weeks after dis
ability except as provided by section 7567, nor in any case unless the employer
has actual knowledge of the injury or is notified thereof within the period
specified iu section 7568. Compensation shall begin with the third week and
in ihe 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 expira
tion of the four weeks.
Skc. 7*507. Medical, etc., aid.—In addition to the compensation herein pro
vided the employer shall pay the actual cost of reasonably necessary medical
and surgical treatment and attention, medicine, medical, and surgical supplies,
crutches and apparatus, as may be obtained by the injured employee during
the first 60 days of disability, or in case of death within said 60 days, obtained
during the period occurring between the time of the injury and his death
therefrom. The total liability of the employer under this section shall not
exceed the aggregate of $.100, and 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 community 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. 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 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 $100 as hereinabove provided. The employer may. if he so elects, furnish prot>er and
efficient, medical and surgical treatment and attention and services herein pro
vided for, free of charge to the injured employee during such 60 days or such
time thereafter as he desires to furnish the same, and such employee shall
acifept the same. The injured employee must submit himself to the examina
tion by the employer’s physician at all reasonable times if requested to do so
by the employer, but the employee shall have the right to have a physician
of 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 examination 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 and
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
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w o r k m e n 's COMPENSATION LAWS— UNITED STATES
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 treat
ment or examination as same relates to the injury or disability arising there
from. In all death claims where the cause of death is obscure or is disputed,
any interested party may require an autopsy, the cost of which is to be borne
by the party demanding the same.
Sec. 7568. Notice of accident.—Every injured employee or his representative
shiiil within live 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 condensation which may have accrued under the terms of articles 1 and 2
of this chapter 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 in
capacity, other than minority, or fraud, or deceit, or equal good reason, but
no eomr>ensation shall be payable unless such written notice is given within
90 days after the occurrence of the accident, or where death results within
90 days after the accident.
Sec. 7569. Nervicc of notice.— rNotice may be served personally or by reg
istered mail, substantially in the form prescribed.]
Sbc. 7570. Limitations.— [Claims are forever barred unless an agreement is
made or a verified complaint filed within one year after the accident, or. in
ca<e of death, within one year after the death resulting proximately from the
accident within three years thereafter. If compensation payments have been
made the limitation runs from the last payment. In case of mental or physical
incapacity other than minority, the period of limitation dates from its cesi-atian. I
Sec. 7571. Disputes.— [Disputes are within the jurisdiction of the circuit
courts of the county that would have jurisdiction of a civil case iu tort between
the parties, to be heard and determined in n summary manner. Appeals may
be taken to the supreme court by certiorari within 30 days.]
Sec. 7572. Alien beneficiaries.— [Compensation for the death of an employee
shall be paid only to dependents who at the time of the death of the injured
employee 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«o. 7573. Lump sums.— rThe amounts of compensation payable periodically
hereunder, 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 payments,
except compensation due for death or permanent total disability, or for
permanent partial disability resulting from total loss of hearing or from the
loss of an arm or a hand or a foot or a leg or an eye or more than one such
member. These may be commuted oirty 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 com
pensation calculated on a 6 per cent basis.]
Sec. 7574. Rcrieic of awards.— [All amounts paid by the employer and re
ceived by the employee or his dependents under settlements made under section
7549, shall be final: but the amount of any award payable periodically for
more than six months may be modified as follows: (« ) At any lime by agree
ment of the parties and approved by the court, (ft) If the parties can not
agree, then at any time after six months froip the date of the award an ap
plication 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 7549 in ease of disputed claim for
compensation.)
S ec. 7575. Payment to trustee.— [After award made or agreed upon, the
employer may deposit the present worth of the same, calculated on a 0 per cent
basis, in an approved bank, to be held in trust for the beneficiaries and paid as
the law provides, such action to relieve the employer of further liability. If
a beneficiary's right terminates before the sum is exhausted, the balance
reverts to the employer.]
S ecs. 7576-7583. Remedies, procedure, etc.— [These sections provide remedies
in ease of an employer’s default in payments, declare a preference for awards
TEXT OF LAWS----ALABAMA
83
the same as for wage debts, prescribe procedure in cases of dispute, authorize
an allowance of eo.>ts, and prescribe methods of payment of judgments and of
recording their discharge. No costs will be allowed if an employer has made
a written offer of compensation prior to the commencement of action, in terms
according with the provisions of the act.]
Sec. 7584. Insurance.— [The employer may insure his liability to pay com
pensation in any approved stock or mutual insurance company or reciprocal
exchange or association, to cover all employees or only certain classes or risks.
Provisions of policies are prescribed, one being the giving of an equitable lien
to the injured workman 011 amounts due under the policy, and making the com
pany directly liable in case of the employer’s insolvency. Companies are to
file rates, submit reports, and conform to the requirements of the State super
intendent of insurance. Employees may not contribute to costs of insurance
unless there is provision for other benefits than those fixed by this act. If the
employer posts notices of full insurance in an approved company, suits and
actions for injuries shall be brought directly against such company, and the
employer is released from liability; but if the insurance company becomes
insolvent or (ran not be reached by due diligence by process in the State, the
employer is not. released, and is in any case liable for any recovery in excess of
the amount of insurance carried.]
Sko. 7585. Evading provisions of act.— (1) Any person who creates or carries
into operation any fraudulent scheme, artifice, or device to enable him to
execute work without himself being responsible to the workman for the pro
visions of this act, shall himself be included in the term “ employer,” and be
subject lo all the liabilities of employers under this chapter. But rliis section
shall not be construed to cover or mean an owner who lets a contract to a
contractor in good faith, nor to a contractor who, in good faith, lets to a sub
contractor a portion of his contract; but no person shall be deemed a contractor
or subcontractor so as to make him liable to pay compensation within the mean
ing of this section, who performs his work upon the employer's premises, and
with the employers’ 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 work
man's wages. (2) When compensation is claimed from, or proceedings taken
against, a person under subdivision 1 of this sod ion, 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 Khali not be liable or required to pay compensation lor
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 the succeeding section.
S ecs. 7580,7587. Third-party injuries.— [If a party other than the employer
is liable for injuries or death of an employee, and such party is himself under
this act. the injured man, or his dependents, in case of death, may sue such
third party, or make claim against the employer. Liability to damages shall
be in a sum within the terms of this act. and if a claim is made against the
employer, he is subrogated to the rights of the workman or his dependents. If
such third party is not under the compensation act, he may be sued notwith
standing recovery of the award against the employer, but the employer is
entitled to deduct from the compensation payable by him any sum obtained as
a judgment 011 the suit. An employer from whom compensation has been
claimed may proceed either in his own name or in the name of the employee
to recover damages against such third party, any excess over the compensation
award, costs, etc.. to go to the injured employee or his dependents.]
Sec. 7588. Rules.— [The chief justice of the supreme court is to make rules
for the guidance of circuit courts and judges.]
Sec. 7589. Commissioner.— [See eh. 464, Acts of 1923, below.]
Sec. 7590. Forms, etc.— [The compensation commissioner is to prepare and
supply needed blank forms and literature for employers and employees.]
Sec. 7591. Records of accidents.—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
approved by the compensation commissioner of the State. Within 15 days
after the occurrence and knowledge thereof by the employer of an injury to
an employe, causing his absence from work for more than 14 days, for which
compensation is claimed or paid a report shall be made in writing and mailed
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WORKMEN#S COMPKNSATfON LAWS— UNITED STATES
to the compensation commissioner of the Stato on blanks to be procured from
such commissioner for this purpose.
Sec. 7592. Settlements to be reported.—Such employer shall within 10 days
after the settlement of any cause make a report in writing giving the details
of such settlement and mail the same to the compensation commissioner on
blanks to be procured from the commissioner for such purpose.
Sec. 7593. Courts to make reports.—The clerk of the circuit court shall,
within 10 days after the disposition of any case in his court, make a report
in writing, giving the details of such disposition, and mail the same to the
compensation commissioner of Alabama on blanks to be procured from the
commissioner for such purpose.
Sbc. 7594. Supplementary reports.—Upon the termination of the disability
of the injured employee, or if the disability extends beyoud a period of 60 days,
then also at the expiration of such period, the employer shall make a supple*
mentary report to the compensation commissioner of the State on blanks to
be procured from the commissioner for such purpose.
Sec. 7595. Report to legislature.— [The compensation commissioner is directed
to report 44to the next regular session of the legislature ” the operations of the
act, from the records of the .superintendent ot* insurance and other reports,
Fucli information as he may obtain.]
S ec. 7590. Words and phrases defined.—Throughout articles 1 and 2 of this
chapter the following words and phrases as used therein shall be considered
to have the following meaning, respectively, unless the context shall clearly
indicate a different meaning in the connection used, (a) The word 44com
pensation ” has been used both iu article 1 and article 2 of this chapter ro
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
article 1 of this chapter is damages, and this is indicated in section 7534. To
avoid confusion, the word 44compensation ” has been used in articles 1 and 2
of rhe chapter, but it should be understood that under article 1 the compensa
tion by way of damages is determined by an action at law. ( b) 44Child” or
44children” includes posthumous children and all other children entitled by
law to inherit as children of the deceased, also stepchildren who were mem
bers of the family of the deceased at the* time of his accident and dependent
upon him for support, (f?) A dependent child or orphan shall be considered
to mean an unmarried child uuder the age of 18 years, or one over that age
who is physically or mentally incapacitated from earning, (d) The term
44employer ” as used herein shall mean every person not excluded by section
7543, who employs another to perform a service for hire and to whom the
44employer ” 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 snail not include one who
employs a less number than 16 in any one business. (<?) The term 44physi
cian ” shall include 44surgeon,” and in either case shall mean one authorized
by law to practice his profession within one of the United States and in guo*l
standing in his profession at the time, if) The term 44workman” shall in
clude the plural and all ages and both sexes, (j/) The term 44employee**
and 44workman ” are used interchangeably and have the same meaning
throughout, this chapter, and shall be construed to mean the same. (7<) The
terms 44wages,” “ weekly wages,” and such expressions shall in all cases,
unless the context clearly indicates a different meaning, be construed to mean
"average weekly earning.” Every person not excluded by section 75*3, 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 per
mitted to work under the laws of the State. Any reference herein to a work
man 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 *•acci
dent ” as used in the phrases 44personal injuries due to accident ” or 44injuries
or death caused by accident ” in articles 1 and 2 of this chapter 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 whil*
TEXT OP LAWS— ALABAMA
85
engaged in. on, or about the premises where their services are being per
formed, 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 per
sonal 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, (fc) Wherever in articles 1 and 2 of this chapter
the singular is used, the plural shall be included; where the masculine gender
is used, the feminine and neuter shall be included. (I) Amputation.—Amputa
tions 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 considered 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. Article 1 of this chapter
shall not apply in cases where article 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.
Sec. 7597. Title.— [The act may be cited as the “ workmen's compensation
act.” ]
ACTS OP 1923
C hapter 404.—Bureau of insurance
[An independent bureau of insurance is created, in lieu of the department of
insurance, with a superintendent at its head and a designated staff. The su
perintendent is ex officio compensation commissioner, instead of the director
of archives and history, as originally provided.]
ALASKA
ACTS OF 1923
C h apter
98.—Compensation of employees for injuries
S e c t io n 1. Scope; benefits.—Any person, or persons, partnership, joint-stock
company, association or corporation employing five or more employees in con
nection with any business, occupation, work, employment, or industry carried
on in this Territory, except domestic service, agriculture, dairying, or the op
eration of railroads as common carriers who shall not have given notice of his,
her. their or its election to reject the provisions of this act in the manner here
inafter 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 i>ersonal injury by accident arising out of and in the course of
his or her employment, or to the beneliciaries 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 em
ployee 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 condensation to which such employee so injured, or, in case of his or her
death if death results from such injury, such beneliciaries, shall be entitled
and for which such employer shall be legally liable, shall be as follows:
(1) In the event of the death of any such employee resulting from such in
jury. where such employee at the time of his death was married, his widow
shall be entitled to receive the sum of $3,900.
(2) In those cases where such married employee had children under the
age of 16 years at the time of his death, his widow shall be entitled to receive
in addition to the sum above specified, the sum of $780 for each child uuder
the age of 16 years, or child wholly dependent upon his or her parents for sup
port by reason of mental or physical incompetency, or unborn or posthumous
child, which such employee left at the lime of his decease, but not to exceed
in all the sum of $7,800.
(3) In those cases where such employee left either father or mother or both,
dependent upon him for support at the time of his death, the sum of $780 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 $7,800 and the payments to which the
widow and children may be entitled shall be first paid out of said sum of
$7.«00.
(4) In those cases where such deceased employee was unmarried at the
time of his or her death survived by either his or her father or mother, who
was at the time of his or her death dependent upon him or her for support,
such father or mother shall be paid the sum of $1,560.
(5) Where such deceased employee was survived by his or her father and
mother both dependeut upon him or her for support at the time of his or her
death, such father and mother dependent upon him or her for support, shall
be paid the sum of $1,560 each.
(6) In those eases 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 $3,900, and the further sum of $780 for each orphan child under
the age of 16 years, provided the total amount paid shall not exceed $7,800, and
the judge of the probate court of the precinct wherein such accident or in
jury occurred shall appoint a guardian, for all of said children, who shall be
entitled to, and who shall be paid, the amount specified in this paragraph,
for the benefit of said orphan children, and shall divide $3,900 thereof equally
among such children and divide the surplus, if any, among the children under
16 years of age.
86
TEXT OF LAWS— ALASKA
87
(6% ) Provided, however, That if such beneficiary or beneficiaries as de
scribed in [sub] sect ion 1 to 6, inclusive, immediately preceding this [sub]section
be neither resident nor a citizen of the United Slates of America, then the
amount due and payable to such beneficiary or beneficiaries shall be in an
amount equal to 75 per cent of the sum.? set forth in [sub]sections 1 to 6, imme
diately preceding, and such amount shall be in full settlement of all claims
under this act.
(7)
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 depend
ent 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 $105. and such
other expenses, if any. arising after the injury and before the death, not to
exceed the further sum of $105.
Where any such employee receiving an injury arising out of. and in the
course of his or her employment, as the result of which he or she is totally
and permanently disabled, he or she shall be entitled to receive compensa
tion as follows:
(«) If such employee was at the time of his injury married he '••hall be
entitled to receive $0,240 with $780 additional for each child under the age of
10 years, but the total to be paid shall not exceed $7,800.
(ft) If such employee at the time of his injury had no wife or children,
but had a mother or father dependent upon him, $5,460.
(c) In case where such employee who at the time of his injury had both
father and mother dependent upon him, $6,240.
(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 $4,080 with an additional sum of $780 for each child below the age of
16 years, provided that the total sum to be paid such employee shall not in
any case exceed the sum of $7,800.
(<*) In those eases where such employee so injured at the time of his
injury was unmarried and had no children nor father nor mother dependent
upun him, he shall receive the sum of $4,080.
Where any such employee received an injury arising out of, or in the course
of, his or her employment, resulting in his or her partial disability, he or
she shall be paid in accordance with the following schedule:
For the loss of a thumb:
(a) In case the employee was at the time of the injury unmarried. $024.
(ft) In case the employee was married but had no children, $780.
(c) In case the employee was either married or a widower, but had one
or more children, $030.
For the loss of an index finger:
(a) In case the employee was at the time of the injury unmarried, $300.
(ft) In case that the employee was married but had no children, $507.
(e) In case the employee was either married or a widower, but had one
or more children, $624.
For the loss of other finger than the index finger and thumb, $234.
For the loss of a great toe, $300.
For the loss of any other toes than the great toe, $150.
For the loss of a hand:
(a) Tn case the employee was at the time of the injury unmarried, $1,872.
(ft) In case the employee was married but had no children, $2,406.
(c)
In case the employee was either married or a widower and had one
child, $2,406 and $3.12 additional for each of said children, not to exceed, how
ever, the total sum of $3,120.
For the loss of an arm:
(a)
In case that the employee was at the time of the injury unmarried,
$2,340.
(ft) In case the employee was married but had no children, $3,120.
(<>) In case the employee was either married or a widower and had one
child, $3,120 and $300 additional for each additional child, the total amount
not to exceed, however, $3,000
For the loss of a foot:
(a)
In case that the employee was at the time of the injury unmarried,
$1,872.
(ft) In case that the employee was married but had no children, $2,340.
88
w o r k m e n ’s
COMPENSATION LAWS— UNITED STATES
(c)
In ease the employee was either married or n widower and had on#
child, $2,49(5 and $312 additional for each additional child, but not to exceed
the total sum of $3,120.
For the loss of a leg:
(а) In case the employee was, at the time of the injury, unmarried, $2,340.
(б) In case the employee was unrried but had no children, $3,120.
(c)
In case the employee was eiUier married or a widower and had but one
chIM, $3,120 with $390 for each additional child, not to exceed the total sum
of $3,900.
For the loss of au eye:
(а) In case the employee was, at the time of the injury, unmarried, $1,872.
(б) In case the employee was married but had no children, $2,496.
(c)
In case the employee was either married or a widower and had one
child, $2,490 plus $332 for each additional child, not to exceed, however, tho
total sum of $3,120.
For the loss of an ear, $332.
For the lows of the nose, $624.
For all oilier injuries causing temporary disability, the employer shall pay
to the employee, during the period of such disability, 50 per cent of his daily
average wages. And in all cases where the injury develops or proves u> be
such as to entitle the employee to compensation under some provision iu this
schedule, relating to cases other than temporary disability, and the employee
has been paid compensation for temporary disability, the amount so paid him
shall be deducted from the amount to which he shall be entitled under such
provision in this schedule.
The loss of both hands, or both arms, or both feet, or both legs, or both
eye.-?, 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.
Amputatiou between the elbow and the wrist shall be considered equivalent
to the loss of a hnnd, and amputation between the knee and the ankle shall be
considered equivalent to the loss of a foot.
Whenever such employee receives an injury, arising out of and in the course
of employiutut, as a result of which he or .she is partially disabled, and the
disability so received is such as to be permanent in character and such as
not to come whoily within any of the specific eases for which provision is here
in made, such employee shall be entitled to receive as compensation a sum
'which bears the same relation to the amount he or she would be entitled to
receive hereunder if he or she were totally and permanently disabled that
the loss of earning capacity of such employee, by reason of the accident, boars
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 $6,240.
To illustrate: If said employee were of a class that would entitle him or
her to $6,240 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 25 per cent, he or .she would be entitled to receive $1,560, it being the
amount that bears the same relation to $6,240 that 25 per cent does to .100 per
cent. Should such employee receive an injury that would impair his or her
earning capacity 75 per cent, he or she would be entitled to receive $4,<5NO,
it being the amount that bears the same relation to $6,240 that 75 per cent
does to 100 per cent.
Sec. 1l/i (added 1925, ch. 63). Mmiieal, etc.. aitt.—And in addition to the
compensation for injured employees in this act otherwise provided, the employer
sh.ilI furnish to and for each injured employee such reasonably necessary
medical, surgical, and hospital treatment, including necessary transportation to
and from hospitals, as may be required by reason of the injury, for a period
not exceeding oae year from and after rlie date of injury to any such employee:
and the employer in order to create a fund out of which the expenses of such
treatment may be paid, may charge against and deduct from the wages of each
employee, as and when the same are paid, the sum of not to exceed $2.50 per
month: the money so deducted and withheld by the employer shall be kept
by him in a separate fund and used only to cover the services and treatment
in this section provided, and if the fund so created be insufficient, such de
ficiency as may reasonably arise, shall be paid by the employer without any
charge therefor against the injured employee or any other of the employees:
and the employer shall have the exclusive right, and it shall be his duty to
select and furnish the necessary physicians, surgeons, and hospitals, and to
TEXT OF LAWS— ALASKA
89
that end ho may enter into all necessary contracts with such physicians, sur
geons, and hospitals for the furnishing of such services and treatments.
Nothing contained in this section shall be construed to limit the right of the
employee to provide in any case, at his own expense, a consulting physician
or any attending physicians whom he may desire. The fund hereby created
by deductions herein allowed to be made by the employer from the wages of
employees shall be, and the same is hereby, made a trust fund which can be
used only for the purposes herein set. out. Whenever any employer shall cease
his business or operations and go out of ihe business in which such employer
has been theretofore engaged, any part of the fund created by this section
and remaining in the possession of such employer shall, by the employer, be
paid to the Territorial treasurer and by him covered into general Territorial
funds.
Sec. 2. Right to higher award.—If an injured employee entitled to compensa
tion hereunder shall be paid compensation under any subdivision or part of
this schedule and it shall afterwards develop that he or she is or was entitled
to a higher rate of compensation under some oilier part or subd Ivirion of this
schedule, then and in that event he or she shall receive sucli 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 slufil develop within two years
after the injury.
Sec. 3. Settlement by agreement.—At any time subsequent to the injury the
employer and the employee shall have the right to compromise and settle any
claim for injury hereunder in accordance with schedule herein, and the em
ployee shall have the right to give full satisfaction and acquittance therefor
and thereby discharge the employer from further liability, and such satisfac
tion and acquittance shall be binding upon the said employer, employee bene
ficiaries under this act, and all other persons whatsoever.
Ssca 4. Willful intention.—No compensation shall be allowed or paid for the
injury or death of an employee in any case where such injury or death was
occasioned by his or her willful intention to bring about the injury or dentil
of himself or herself or of another, or where the employee's intoxication was
the proximate cause of the injury.
Sec. 5. Waiting time.—No compensation shall be paid under this act for an
injury which does not incapacitate the employee for a period of at least one
week from earning full wages, but if incapacity extends beyond the period of
one week, compensation shall begin on the eighth day after the injury: Pro
vided, however. That if such disability continues for eight weeks or longer,
such compensation shall be computed from the date of the injury.
Seo. 6. -Contractors.—No contractor or subcontractor shall be entitled to re
ceive compensation under this act, but shall be deemed to be an employer.
S.w. 7. Remedy exclusive.—The right to compensation for an injury aud the
remedy therefor granted by this act shall be in lieu of all rights and remedies
as to such injury now existing either at common law or otherwise, and no
rights or remedies, except those provided for by this act, shall accrue to em
ployees 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 per
sonal or legal representative, dependents, beneficiaries under this act. or next
of kin of such employee.
Sec. 8. Step-parents, etc.—Step-parents shall be regarded in this act as
parents: and an adopted child, or adopted children, or a stepchild, or children,
shall be regarded in this act as issue of the body.
S*.c. (J. Statement of beneficiaries.— [Employees under the act must furnish
employers with a list of their potential beneficiaries under this act:, and keep
the addresses correctly on file. Employers must notify each beneficiary so
listed in event of the death of the employee in accordance with a prescribed
form, including notice of the time within which claims must be submitted.
Failure to furnish the list does not forfeit the rights of claimants, but re
lieves the employer of all obligation to give notice of death. If the employer
fails to notify beneficiaries whose names he has been furnished of the death
of the employee, they may prosecute their claims without regard to the 120day limitation fixed by the act. The statements made by employees as to de
pendents may be offered in evidence as to questions of relationship, and when
so offered shall be received.
Claims for death benefits must be submitted within 120 days from the death
of the employee; but failure to serve such notice will not be a bar to recovery
90
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
of benefits unless it is shown that the employer at no time prior to the ex
piration of 120 days had knowledge of the injury, or that, after the expiration
of 120 days, he had paid in good faith the compensation herein provided to
another claimant believed in good faith to bo entitled thereto.]
Sec. 10. Deposits for claims.— [An employer served with notice by one or
more claimants may deposit with the rlerk of the district court for the division
within which the employee was injured cash or a properly secured bond in the
amount of $7,800, such deposit to be made within the 10 days succeeding the
120 days during which notice may be served; but no action may be tried until
the expiration of the 120 days and the 10-day period.]
Secs. 11-15. Procedure.— [All claimants are to be notified of such deposit
by the employer, and any prior action by claimants then abates, and proceed
ings follow the course prescribed; but if such claimants are found ent itled to
compensation, costs are awarded*
Notice of deposit of the money or bond must be advertised in a local news
paper for four weeks, and a time stated within which claims are to be pre
sented. Claimants file their claims with the clerk of the district court, and a
copy is served on the employer. Hearings are to be had within 80 days from
the date set for the filing of claims, with a jury if demanded. If not, trial is
before the judge; the order of prpof to rest in his discretion, but to be such
as will give ail parties a full, fair, and complete hearing. Findings of fact
are to be filed, whether trial is with or without a jury, and judgment is to be
entered in accordance therewith.]
Swrs. 16-18. Awards.— [If no claim is filed or claimants fail to prove a
right to an award, the employer’s deposit is to be returned, less costs. Tf
claims are sustained the sums due are awarded without costs and without
interest. If any part is undistributed, it is to be returned to the employer, less
costs.]
Sec. 19. Appeal*.— [Appeals lie to the Vnited States Circuit Court of Ap
peals for the Ninth Circuit; but if an employer appeals and judgment against
him is affirmed, interest at 8 per cent and the costs on appeal are allowed
the claimant.]
S e c s . 20-28. Actions.— [Actions by two or more claimants are to be consoli
dated, and are to be in the courts of the Territory unless it is shown that
service on the defendant can not be had in the Territory. On the submission of
affidavits showing the facts necessary to sustain a claim, a writ of attachment
issues without the filing of bond or other security: but the defendant may file
a bond in double the amount sued for. in which case no writ will issue; or if
one has been issued, it will be dissolved and the attached property returned.}
Sice. 24. Mcdical examinations.— [Injured employees must at reasonable
times submit to medical examinations on the request and at the expense of
the employer. Refusing or obstructing examination suspends rights to eompensation; and such rights may be forfeited for the period of suspension, in
the discretion of the jury or court trying the action.]
Sko. 25. Waiver*.—No agreement by an employee to waive his or her rights
to compensation under this act shall be valid, except as herein elsewhere pro
vided, and no employer or employee shall exempt himself, herself, or itself,
except in the manner herein elsewhere provided, from the burden or waive the
benefits of this act by any contract, agreement, rule, regulation, or device, and
any such contract, agreement, rule, regulation, or device shall be absolutely
void.
Sec. 26. Limitation.—Any and ail claims for compensation under this act
shall be barred unless an action for the recovery of the same shall be com
menced 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.
Skc. 27. Liability of third parties.—Where the injury for which compensation
is payable under this act was caused under circumstances creating a legal
liability in some one other than the employer to pay damages in respect thereof,
the employee may take proceedings both against the one so liable to recover
damages and against anyone liable to pay compensation under this act, but
shall not be entitled to receive both damages and compensation. And if the
employee has been paid compensation under this act, the employer by whom
the compensation was paid shall be entitled to indemnity from the person, firm,
or corporation so liable to pay damages as aforesaid and to the extent of such
indemnity shall be subrogated to the rights of the employee to recover damages
therefor.
TEXT OP LAWS— ALASKA
91
Sec. 28. Election presumed, when.—When five or more employees, as defined
by this act, are employed in the same general employment in conncction with
any business or industry carried on in this Territory, and in the usual and
ordinary conduct of such operations, it shall be presumed that the employer,
as defined by this act, has elected to pay compensation according to the terms,
conditions, and provisions of this act to such employees as may sustain per
sonal injury arising out of and in the course of the employment, and in such
case the employer shall be relieved from liability for a recovery of damnges
or other compensation for such personal injuries unless by the terms of this act
otherwise provided.
Sec. 29-31. Rejection by employer.— [Employees are presumed to have ac
cepted the act unless and until notice in writing is recorded with a United
States commissioner in a proscribed form. Such rejection effects an abroga
tion of the common-law defenses, and in actions for personal injuries the negli
gence of the employer is presumed to have been the proximate cause.]
Sec. 82. Terms of contract.—Where the employer and employee have not given
notice of an election to reject the terms of this act, this act shall constitute a
part of every contract of hire, express or implied, and the same shall be con
strued 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 (he course of the
employment.
Sec. 33. Rejection by employees.— [Acceptance by employees is presumed until
written notice in prescribed form is served on the employer and recorded in the
office of the commissioner for the precinct in which the employer’s operations
lie. (The text says “ mining operations,” but as the law is of general inclusiveness (see sec. 1), it seems that this is an overlooked retention of the provisions
of the earlier law.)
Rejection by the employee leaves the employer free to plead the common-law
defenses in case of a suit for damages; but if the injury is due to the em
ployer’s failure to comply with any safety law or regulation, the doctrine of
assumption of risk shall not apply.]
Secs. 34, 35. Term of election; waiver.— [Rejections are for a term of one
year, and must be renewed within 30 days of the expiration of that period.
Rejections may be waived at any time in the same manner as made.]
Sec. 36. If both reject.—Where the employer and employee elect to reject the
terms, conditions, and provisions of this act, the liability of the employer shall
be the same as though the employee had not rejected the terms and conditions
thereof and the employer had rejected the same.
Sec. 37. Assignments, etc.—No claim for compensation due under this act
shall be assignable, and all compensation due hereunder shall be exempt from
execution.
Skc. 38. Employer; employee.—Whenever the term “ employer ” is used in this
ac(: reference is had to any person or persons, partnership, joint-stock company,
association, or corporation employing five or more employees in connection with
any business or industry coming within the scope of this act and carried on in
this Territory, and whenever the term 44employee ” is used in this act reference
is had to an employee employed by an employer as above defined.
Sec. 30. Beneficiary.—The term “ beneficiary ” as used in this act refers to
any person entitled to compensation under the provisions hereof.
Sec. 40. Gender.—The masculine gender whenever used herein shall be held
to include the feminine and neuter.
Sec. 41 (as amended 1925, ch. 59). Costs.—If the court, before whom any
proceedings are brought under this act, determines that such proceedings have
been brought, prosecuted, or defended without reasonable ground, it may assess
the whole cost of the proceedings upon the party who has so brought, prose
cuted, or defended them, including a reasonable attorney’s fee to be fixed by
the court.
Sec. 42. Title.—This act may be cited as “ The workmen’s compensation act
of .Alaska.”
Sec. 43. Repeal.—All acts and parts of acts in conflict herewith are hereby
repealed to the extent of such conflict; but this repeal shall not affect any right
or claim which arose under any other act prior to the time when this act shall
go into eifect.
Approved May 4, 1923.
1965°—26------7
ARIZONA
CONSTITUTION
[The following section of the constitution of the State was amended by the
legislature of 1925, and adopted at a special election, September 29. 1925, so
as to read as follows. Its adoption effected the final step in the enactment
into lav/ of House Bill No. 227 (ch. S3, Acts of 1925), named in the amendment,
as the compensation law of the State.]
A r t i c l e XVJL11
SficrioK 8. Workmen's compensation law to be enacted.—The legislature shall
enact a workmen’s compensation law applicable to workmen engaged in manual
or mechanical labor in all public employment whether of the State, or auy
political subdivision or municipality thereof as may be defined by law and in
such private employments as the legislature may prescribe by which com
pensation shall be required to be paid to any such workman, in case of his
injury and to his dependents, as defined by law. in case of his death, by his
employer, if in the course of such employment personal injury to or death
of any such workman from any accident arising out of and in the course of,
such employment, is caused, in whole, or in part, or is contributed to, by a
necessary risk or danger of such employment, or a necessary risk or danger
inherent in the nature thereof, or by failure of such employer, of any of his
or its agents or employee or employees, to exercise due care, or to comply
wirli any law affecting such employment: Provided, That it shall be optional
with any employee engaged in any such private employment to settle for
such compensation, or to retain the right to sue stiid employer as provided by
thte constitution: And provided further, In order to assure and make certain
a just and humane compensation law iu the State of Arizona, for the relief
and protection of such workmen, their widows, children or dependents, as
defined by law, from the burdensome, expensive and litigious remedies for
injuries to or death of such workmen, now existing iu the State of Arizona,
and producing uncertain and unequal compensation therefor, such employee,
engaged in such private employment, may exercise the option to settle for
compensation by failing to reject the provisions of such workmen’s compensa
tion law prior to the injury.
The percentages and amounts provided in house bill No. 227 enacted by the
Seventh Legislature of the State of Arizona, shall never be reduced nor any
industry included within the provision of said house bill No. 227 eliminated
except by initiated or referred measure as provided by this constitution.
ACTS OF 1925
CnAPTEP. 83.—Industrial commission—Compensation of workmen for injuries
S e c tio n s 1-9. Industrial commission.— [A commission of three members is
appointed by the governor, by and with the consent of the senate, one term to
expire each two years. Not more than two members may belong to the same
political party; members may be removed for cause. Salaries are $5,000 per
annum, and bonds in the sum of $10,000 ore required, the premiums to be paid
fiv >m the State treasury. A majority constitutes a quorum, offices are to be
maintained at the State capitol, the commission has a seal, keeps records, and
its office is open for the transaction of business during the business hours of
every business day. Sessions are open to the public. Subject to the provisions
of this act, the commission may adopt and modify its own rules of procedure.]
Sec. 10. Employees. etc.— [The commission is authorized to employ actuaries,
accountants, inspectors, experts, physicians, clerks, etc.. and fix their compen
sation ; all subject to approval by the governor. Necessary traveling expenses
are to be paid out of the compensation fund.]
92
TEXT OF LAWS— ARIZONA
93
Secs. 11-20. General powers.— [Commissioners may enter any place of om*
ployment for the purpose of collecting facts and statistics, are charged with :lii?
enforcement of all laws relating to the safety and welfare of employees, and
may issue general orders to take effect within 30 days after publication.
Special orders to take effect as therein directed. Proceedings to amend, set
aside or vacate orders are regulated, the power of the commission to summon
witnesses, administer oaths, designate agents, etc., are prescribed, and penalties
fixed for noncompliance by employers and employees, and for failure of em
ployees to furnish the information required by the commission.]
S e c s . 30-43. State compensation fund.— [A State compensation fund is
created, consisting of premiums paid by employers accepting this form of
insurance, and of penalties, interest, etc.
The fund is to be administered by the commission without iiability on the
part of the State beyond the amount of such fund. The commission has full
authority to administer the fund, classify employments, and keep separate
accounts for convenience in determining equitable rates, which shall be the
lowest possible consistent with the maintenance of a solvent fund and the
creation of a surplus and reserve. For the purpose of paying compensation,
the fund is a unit. Individual risks may be taken into consideration in
adopting a system of schedule rating. Computations are to be made an
nually, and if there is an excess of assets over liabilities, including a neces
sary reserve in the sum of $100,000 for catastrophe hazards, either a credit
or cash dividend to individual members of a class showing excess contributions
over liabilities may be allowed. A reserve for reimbursing the general
fund of the State for the initial appropriation of $100,000 must be first
provided.
The commission may sue and be sued in its own name, make contracts of
insurance and such other contracts relating to the fund as are authorized or
permitted by the act, and reinsure any risk or part thereof as other rein
surance carriers. Contracts of insurance may fully protect employers not
only for compensation claims but for all liability claims whatsoever by em
ployees or their dependents, including the cost of defense in the event of
suit Employers insuriug hi the State fund receive a contract hi an ap
proved form, make semiannual payments of premiums, and may withdraw
from the fund, if not in arrears, and due notice of such withdrawal has
b^ou given. Ten per cent of the premiums must be set aside for the creation
of a surplus until the sum of $100,000 is accumulated, and thereafter 5 per
cent until a sufficient, surplus is accumulated to cover the catastrophe hazard
and all of her unanticipated losses. A reserve adequate to carry till claims
and policies to maturity must be provided. Readjustments of rates are
to he made at the end of each year, and nt. such other times as the com
mission may approve, and credits and dividends allowed if the commission
believes that it may safely and properly be done. Premiums may be re
duced for any class showing a .balance remaining after credits and expenses
of administering, etc., properly chargeable against the class have boon
met. The commission is to adopt rules and regulations as to cost, main
tenance and disbursements of the fund, requiring that adjustments shall be
made of the amount of premiums actually due at the end of any six months'
period for which estimated contributions have been paid, excess or payments
of insufficient amounts to be adjusted according to the actual pay roll for
the period.
The State treasurer is custodian of the fund, under a separate surety bond.
Sums not needed for immediate use may be deposited, with the consent of the
commission, interest to be credited to the fund. The surplus may be invested
In United States, State or municipal bonds or bonds of Federal land banks.]
Sec. 44. Who are employers.—The following shall constitute employers sub
ject to the provisions of this act:
(1) The Slate, and each county, city, town, municipal corporation, 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 con
tract of hire, express or implied, oral or written, except agricultural workers
not employed in the use of machinery, and domestic servants: Provided, That
employers who have in service agricultural workers as designated and domestic
servants shall have the right to come under the terms of this act by complying
with the provisions thereof and all rules and regulations of the commission.
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WORKMEN’s OOMPJSNSATION LAWS— UNITED STATES
The term “ regularly ” as herein used, shall include all employments, whether
continuous throughout the year or for only a portion of the year. It means all
employments in the usual course of the trade, business, profession, or ov^pMtion
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
snid employer, then such contractor and all persons employed by him. mid nil
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 cori>oration 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 Use rule or control
of the employer, 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 accord
ance with the employer's design.
Sec. 45. Who are employees.—The terms 44employee/’ 44 workman.” and
" operative,” as used in this act, shall be construed to mean:
(1) Every person in the service of the State, and every county, city, town,
municipal corporation, or school district, including regular members of lawfully
constituted police and fire departments of cities and towns, under any appoint
ment or contract of hire, express or implied, oral or written, except any elective
official of the State, or of any county, city, town, municipal corporation, or
school district therein, or other official receiving more than $2,400 per year
salary.
(2) Every person, except agricultural laborers as designated and domestic
servants in the service of any employer, as defined in subdivision 2 of section
44, who employs three or more workmen or operatives regularly in the same
business, or in or about the same establishment, under any contract o£ hire,
express or implied, oral or written, including aliens, and also including minors
who are legally or illegally 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 occupation of his employer.
All lessees in mines or of mining property, and the employees and con
tractors of all such lessees who are engaged in the performance of work which
is a part of process in the business that is being actually conducted by the
lessor, and over whose work the lessor retains supervision or control, shall be
deemed, within the meaning of this section, employees of such lessor, draw
ing 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.
Sec. 46. Definitions.—The following terms as used in this act shall be con
strued as follows:
(1) The term “ order” shall mean and include any decision, rule, regulation,
direction, requirement, or standard of the commission, or any other determina
tion arrived at or decision made by such commission.
(2) The term “ general order” shall mean and include such order as applied
generally throughout the State to all ]>crsons under the jurisdiction of the
commission. All other orders of the commission shall be considered special
orders.
(3) 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 employment.
These shall not include a disease except as it shall result from the injury.
(4) The term “ compensation” shall mean the compensation and benefits
provided for in this act.
(5) The term “ award” shall mean the finding or decision of the commis
sion as to the amount of compensation or benefit due any injured or the
dependents of any deceased employee.
(6) The term “ hazardous employment” as used in this act shall be con
strued to mean and shall include the following:
(1)
The operation of steam railroads, electrical railroads, street railroads, by
locomotives, engines, trains, motors, or cars of any kind propelled by steam,
TEXT OP LAWS— ARIZONA
95
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 making, using, or necessitating dangerous proximity to
gunpowder, blasting powder, dynamite, compressed air, or any other explosive.
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 hoist
ing 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 20 feet or more
above the ground or floor beneath in the erection, construction, repair, painting
or alt era (ion of any building, bridge, structure or other work in which the same
arc used.
(0)
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 tele
graph. telephone or other purposes.
18) All work in miues; and all work in quarries.
(9) All work in the construction and repair of tunnels, subways and viaducts.
(10; All work in mills, shops, works, yards, plants, and factories where
steam, ejectricity. or any other mechanical power is used to operate machinery
and appliances in and abour such premises.
Skc. 47. Compen-wt ion to he paid.—Every employee mentioned in section 45
who is injured and the dependents of every sucli employee who is killed by
accident arising out of, or in the course of his employment, wheresoever such
injury h«s 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 expenses, in case of death,
as are herein provided.
Slits. 48-53. Insurance.— [Private employers must secure the payment of
benefits under the act either by insuring iu the State fund or in an authorized
stock or mutual insurance company, or by furnishing satisfactory proof of
finunciijl ability to make direct payments as they become due under the act.
Jn the last case. the commission may require the deposit; of security or bonds.
If self-insurers do not fully comply with the provisions of the act as to their
obligations, the claim of the injured workman or his dependents will be assumed
to hii ve been assigned to the commission for the benefit of the State fund, from
which benefits due will be paid, and the commission will have a right of action
against the employer to recover such amount, with necessary expenses of the
recovery, including a reasonable attorney’s fee. If a bond has been deposited,
recovery will be on the bond.
Stock and mutual companies will be subject to the rules and regulations of
the commission, including the subjects of rates, reserves, deposits, etc. Em
ployers insuring in other than the State fund must file notice of their insur
ance, with a copy of the policy. Policies must cover the entire liability of the
employer, and provide for the industrial commission or the State to enforce in
their own names the liability of the insurer for the payment of the compensa
tion insured, or any unpaid portion thereof. Policies must also contain a pro
vision that notice and jurisdiction of the employer bind the insurer, and that
the insolvency of the employer does not release the carrier from liability for
beneiits accruiug during the life of the policy. The State and its municipalities
must insure in the State fund.]
Sec. 54. Pay rolls to be furnished.— [Counties, cities, etc., are required to fur
nish pay rolls of their employees, classified as the commission may require, and
appropriate premiums are to be paid at once to the commission by the proper
officer.]
Sec. 55. Payments from State fund.— [This section provides that employees
covered by insurance in the State fund shall be paid therefrom compensation,
medical aid, and funeral expenses in case of death.]
Sec. 56. Premium payments.— [Every employer except the State who is in
sured in the State fund must make semiannual payments of premium accord-
96
WORKMEN 'g COMPENSATION LAWS— UNITED STATES
ing to the classes and rates fixed by the commission: also any adjustments
found due.]
Sec. 57. Benefits.— (a) Every injured employee within the provisions of
this act shall be entitled to receive, and shall receive promptly, such medical,
surgical and hospital or other treatment, nursing, medicines, medical and sur
gical supplies, crutches and apparatus, including artificial members, as may be
reasonably required at the time of the injury and within ninety days there
after, which may be extended to one year by the Arizona Industrial Commission.
The benefits conferred by this section upon the injured employee shall herein
after be termed “ accident benefits.”
(&)
For the purpose of providing a fund to take care of said accident bene
fits as in this act provided, the Arizona Industrial Commission is authorized
and directed to collect a premium upon the total pay roll of every employer,
including the State and its legal subdivisions, 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 l>e provided by the Arizona Industrial Commission. Every
employer paying such premium for accident benefits may collect one-half there
of, not to exceed $1 per month, from each employee, and may deduct the same
from the wages of such employee.
The Arizona Industrial Commission shall have the authority to adopt such
reasonable rules and regulations as may be necessary to carry out the pro
visions of this subdivision of this section. All fees and charges for such acci
dent benefits shall be subject to regulation by the commission, and shall be
limited to such charges as prevail in the same community for similar treatment
of injured persons of like standard of living.
The State compensation fund provided for in this act shall not be liable
for any accident benefits provided by this section, but the fund provided for
accident benefits shall be a separate and distinct fund, and shall be so kept.
(c) It shall be the duty of every employer operating under the provisions
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 rea
sonably necessary for such transportation; such employer shall forthwith
notify the commission of such accident, giving the name of the injured em
ployee, the nature of the accident, and where and by whom the injured employee
Is being treated, and the date of the accident. Every employer paying acci
dent benefit premiums .to the Arizona Industrial Commission furnishing first
aid shall be entitled to receive from the commission the amount of such
expenditure reasonably made.
(d) Every employer, except the State and its legal subdivisions, operating
under this act, alone or together with other employers may, in lieu of making
premium payments to the accident benefit fund, make arrangements for the
purpose of providing accident benefits as defined in this act for injured em
ployees and such employer may collect one-half of the cost of such accident
benefits from their collective employees, not to exceed $1 per month from any
one employee, and may deduct the same from the wages of each employee.
Employers electing to make such arrangements for providing accident benefits
shall notify the Arizona Industrial Commission of such election and render a
detailed statement of the arrangements made. Every employer who main
tains a hospital of any kind for his employees, or who contracts with a physi
cian for the hospital care of injured employees, shall, on or before the SOtli
day of January of each year, make a written report to the Arizona Industrial
Commission for the preceding year, which report shall contain a statement
showing: (1) 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, investments, 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 a physician, if contracted to a
physician.
Every employer who fails to so notify said Arizona Industrial Commission
of such election and arrangement, or who fails to render the financial report
required herein, shall be liable for accident benefits as heretofore provided by
subdivision (&) of this section.
TEXI Of LAWS— ARIZONA
97
(e)
If it be shown or the commission finds that the employer is furnish
ing the requirements of medical, surgical, or hospital aid or treatment pro
vided 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, upon 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 compiy with such order, the injured
employee may elect to have such medical, surgical, or hospital aid or treatment
provided by or through the Arizona Industrial Commission, in which event the
cause of action of said injured employee against the employer or hospital asso
ciation shall be assigned to the Arizona Industrial Commission for the benefit
of the accident benefit fund, and the Arizona Industrial Commission shall fur
nish to said injured employee the medical, surgical, or hospital aid or treat
ment provided for in this act.
[The State and its subdivisions are to pay into the accident benefit fund such
premiums as are authorized by this section and the commission is to admin
ister such fund with the same power as is provided for the administration of
the State compensation fund; the State treasurer is its custodian.]
Sec. 58. Tax on noninsuHng employers.— [Employers who do not insure
must pay a tax based on the amount the employer would pay as premiums if
insured in the State fund, at the same rate as required by law on premiums
received by insurance companies.]
Sec. 59. Extraterritoriality.—If a workman who has been hired or is regu
larly employed in this State receives a personal injury by accident arising out
of and in the course of such employment, he shall be entitled to compensa
tion according to the law of this State as provided for in this act, 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 deter
mined and dealt with by the commission and the courts in this State.
Sec. 60. Employees option.— [Employers complying with -the provisions of
seel ion 48 are exempt from other liability than that herein provided; but em
ployees may elect to reject the terms of the act by prior notice in writing, a
duplicate to be filed with the commission.1 Election is presumed iu the absence
of such notice and employers in hazardous occupations must post and keep
posted a notice to that effect, which failing, an injured employee may either
claim compensation or sue under other laws of the State.]
Sec. 61. Notice of self-insurance.—Each employer providing insurance or
electing directly to pay compensation to his injured or the dependents of his
killed employees as herein provided, other than the employers mentioned iu
subdivision 1 of section 44, shall post in conspicuous places about his place
of business typewritten or printed notices stating the fact that he has com
plied with the provisions of this act and of all the rules and regulations 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 sufficient notice of his employees of the
fact that he has complied with the law as to securing compensation to his
employees and their dependents.
S ecs. 62, 63. Employers failing to comply.— [Employers failing to comply
with the provisions of section 48 are not entitled to the benefits of this act
during the term of such noncompliance, but are liable in actions in damages
for the injury or death of employees, without the defenses of assumption of
risk or contributory negligence; and proof of injury shall be prima facie evi
dence of negligence. Instead of suing, the injured worker or his dependents
may apply for compensation in accordance with the terms of this act, and the
commission shall proceed to hear and determine the claim. An award filed in
the olGce of the clerk of the superior court must be docketed as a judgment
of that court, and is a lien on the real proi>erty of the employer in that county
for a period of eight years.]
Sec. 64. Default.— [E m p loy ers d efaultin g in paym ents due the S tate com
pensation fund or the accident benefit fund are required to pay the sam e with
1 As cnactcd, this option extended only to employees in occupations declared by section
46 to be hazarrioiiM; but the supreme court hold this restriction to be in conflict with the
constitution, and Invalid.
98
WORKMEN’S COMPENSATION LAWS— UNITED STATES
interest at 12 per cent per annum, to be collected by the commission in a
civil suit.]
S e c . 65. Right to recover; exceptions.—The right to recover compensation
pursuant to the provisions of this act for injuries sustained by an employee
shall be the exclusive remedy against the employer, except as provided in sec
tions 60 and 61 of this act, and except where the injury is caused by the em
ployer’s willful misconduct and such act causing such injury is the personal
act of the employer himself, or if the employer be a partnership, on the part of
one of the partners, or if a corporation, on the part of an elective officer or
officers thereof, and such act indicates a willful disregard of the life, limb, or
bodily safety of employees, such injured employee may, at his option, either
claim compensation under this act or maintain an action at law for dam
ages. The term “ willful misconduct ” as employed in this section shall be con
strued to mean an act done knowingly and purposely with the direct object of
injuring another.
Sr.c. 66. Injuries by third parties.— [In case of third-party liability the in
jured employee or his dependents must elect between an action for damages
and a claim against the employer, i f the latter is chosen, the right to sue
passes to the person, fund, or association liable for the payment of compensa
tion; if suit is brought, the liability for compensation is limited to the ciinfer
ence, if any, between the amount recovered ur.d the benefits provided by the
act. Compromise settlements may be made by an employee only with written
approval of the person liable for compensation.]
Sec. 67. Choice of remedies.— [Applying for, or. with the consent of the com
mission, accepting compensation is a waiver of a right lo sue; and bringing
suit is a waiver of compensation rights.]
Sec. 68. xiatus of judgments.—All judgments obtained in any action prose
cuted by the commission or by the State tinder the authority of this act shall
have the same preference against the assets of the employer as claims for
taxes now have.
Sec. 69. Waiting time.—No compensation shall be allowed for the first seven
days after the injury is received: Provided, however, That this shall not pre
vent disbursement* from the accident: benefit fund and shall not apply to the
payment of funeral expenses.
S k c . 70. Average monthly wages; dependents.—Every employee in the employ
of an employer within the provisions of this act, who shall be injured by acci
dent arising out of and in the course of employment, or his dependents, as
hereinafter defined, in case of his death, shall be entitled to receive the follow
ing compensation on the basis of average monthly wage at time of injury.
The term 44average monthly wage *’ shall he construed to mean the average
wage paid during and over the month in which such employee shall be killed
or injured. In the event that such employee shall he working under a contract
with his employer under the terms of which said employee shall be guaranteed
any amount per diem or per month, notwithstanding the contract price for such
labor, then and in such event said employee or his subordinates or employees
working under the terms of said contract, or his or their dependents as here
inafter defined in case of death, shall be entitled to receive the following com
pensation on the basis only of the guaranteed wage as set out in said contract
of employment, whether such amount is paid on a per diem basis or on a
monthly basis, provided that in no event shall such basis be less than such
wages as are paid to employees for similar work not under contract.
(A) Death benefits
If the injury causes death, the compensation shall be known as a death benefit,
and shall be payable in the amount and to and for the benefit of the persons
following:
1. Burial expenses, not to exceed $150, in addition to the compensation pay
able under this act.
2. To the widow, if there is no child, 55 per cent 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, 35 per cent of the average wage of
the deceased, if wholly deiyendent for support upon the deceased employee at
the time of her death. This compensation shall be paid until his death or
remarriage.
TEXT OF LAWS— ARIZONA
99
4. To the widow or widower, if there is a child or children, the compensa
tion payable under subdivision (1) or subdivision (2), and in addition the
additional amount of 15 per cent of such wage for each child until the age of
18 years, in no case including provision for widow or widower .and children,
to exceed 00% per cent of the average wage. In case of the subsequent death
of such surviving wife, or dependent husband, a single surviving child of the
deceased employee shall have his compensation increased to 25 per cent of such
wages; or in the event that there is more than one surviving child, 25 per
cent should be paid for one child under 18, and 15 per cent for each additional
such child, to be divided among such children share and share alike, but not
exceeding a total of 00% per cent of the average wage: Provided, That com
pensation on account of any such child ceases when it dies, marries, or reaches
the age of 18 years, or if over 18 years and incapable of self-support, becomes
capable of self-support.
5. If there be u surviving child or children of the deceased under the age
of 18 years, but no surviving wife (or dependent husband), then for the sup
port of each child until the age of 18 years, the provisions of the foregoing
subsection shall apply.
0. If there be no surviving wife (or dependent husband) or child under the
age of 18 years, there shall be paid to a parent, if wholly dependent for sup
port upon the deceased employee at the time of his death, 25 per cent of the
average monthly wage of the deceased during dependency, with an added
allowance of 15 per cent if two dependent parents survive; to the brothers or
sisters, under the age of 18 years, if one is wholly dependent, upon the de
ceased employee for support at the time of injury causing death, 25 per cent
of the average monthly wage for the support of such brother or sister, until
of the age of 18 years. If more than one brother or sister is wholly dependent,
85 per cent 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 15 per cent divided
among such dependents share and share alike.
7. In all other cases, questions of total or partial dependency shall be deter
mined in accordance with the facts as the facts may be at the time of the
injury. If the deceased employee leaves dependents only partially dependent
upon bis 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
wago of deceased at the time of rlie injury resulting in his death. The
duration of such compensation to partial dependents shall be fixed by the
commission in accordance with the facts shown, but in no case exceed com
pensation for .100 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 interest of all beneficiaries.
If a dependent to whom a death benefit is to be paid is an alien not residing
in the United States, the compensation shall be only 00 per cent, of the amount
or amounts above specified,
9. If there be no dependents, the employer or insurance carrier, or the State
compensation fund, shall pay the burial expenses of the deceased, as provided
herein, and sliali pay into the State treasury the sum of $850. Such payments
shall be held in a special fund for the purpose of enabling the commission to
provide such additional awards as may be uecessary to enable injured em
ployees to accept the benefits of any act that may be passed by the Legislature
of Arizona, or the Congress of the United States, or both assemblies jointly,
to provide for the promotion of vocational rehabilitation of persons disabled
in industry or otherwise, and their return to safe employment.
.10. In case of the death of any dependent specified in the foregoing enumera
tion before the expiration of the time named in the award, funeral expenses
not to exceed $150 shall be paid.
( B) Total disability
1. Temporary total disability: For temporary total disability, if there be no
one residing in the United States totally dependent upon the workman at the
time of the injury, compensation of 05 per cent of the average monthly wage,
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WOEKMEN's COMPENSATION LAWS— UNITED STATES
but not exceeding 100 months, daring the period of such disability; If there be
persons residing in the United States totally dependent for support upon the
workman, compensation as provided herein with an additional allowance of
$10 per month for such dependents during the period of such disability.
2. Permanent total disability: Jn cases of total disability adjudged to be
permanent, compensation of 65 per cent of the average monthly wage, 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 feet.
3. The loss by separation of both hands.
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 insanity.
6. The loss by separation of one hand and one foot shall be deemed a per
manent total disability.
The above enumeration is not taken as exclusive; and in all other cases
permanent total disability shall be determined in accordance with the facts.
(C) Partial (Usability
1. Temporary partial disability: For temporary partial disability, 65 per
cent of the difference between the wages earned before the injury and the
wages which the injured person is able to earn thereafter, for a period not
to exceed 60 months during the period of said disability.
2. In case of any of the following specified injuries, the disability caused
thereby shall be deemed a permanent partial disability, and compensation of
55 per ccnt or* the average monthly wage shall be paid in addition to the
compensation paid for temporary total disability for the period named in
the following schedule:
( a ) For the loss of a thumb, 15 months.
(b) For the loss of a first finger, commonly called the index finger, nine
months.
(O For the loss of a second finger, seven months.
(d) For the loss of the third finger, five months.
( e ) For the loss of the fourth finger, commonly called the little finger, four
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
thumb or linger, and compensation shall be one-half of the amount specified for
a permanent partial disability, and equal to the loss of one-half of such thumb
or finger, and comimitation shall be one-half of the amount specified for
the loss of the entire thumb or finger.
(//) 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 months.
(i) For the loss of one of the other toes other than the great toe, two and
one-luilf months.
( /) However, 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.
(A) The loss of more than one phalange shall be considered as the loss of
the entire toe.
(7)
For the loss of a major hand, 50 months; the loss of a minor hand, 40
months.
( m) For the loss of a major arm, 60 months; for the loss of a minor arm, 50
months.
( it) For the loss of a foot. 40 months.
(o) For the loss of a leg. 50 months.
(/>) For the loss of an eye by enucleation, 30 months.
(q) The permanent and complete loss of sight in one eye without enuclea
tion, 25 months.
(?•) For permanent and complete loss of hearing in one ear, 20 months.
(#) For permanent and complete loss of hearing in both ears, 60 mouths.
TEXT OF LAWS— ARIZONA
101
(t) Tlie permanent and complete loss of the use of a finger, toe. arm. hand,
l'oot, or leg may be deemed the same as the loss of any such member by
separation.
( m) For the partial loss of use of a finger, toe, arm, hand, foot, leg. or par
tial loss of sight or hearing. 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 member, or complete loss of sight or hear
ing, which the partial loss of use thereof bears to the total loss of use of such
member or total loss of sight or hearing.
(r) Facial disfigurement: For permanent disfigurement about the head or
face, which shall include injury to or loss of teeth, the commission may allow
such sum for compensation thereof as it may deem just, in accordance with
the proof submitted, for a period not to exceed 18 months.
(w) Where the injury causes partial disability for work, the employee shall
receive, during such disability, compensation equal to 55 per cent of the dif
ference between his average monthly wages before the accident and the
monthly wages he Is able to earn thereafter. In no case shall the payments
conti-Mie after the disability ends, or death of the injured person, and in case
the L'.t.iial disability begins after a period of total disability the period of total
disability shall be deducted from such total period of compensation.
In determining the percentage of disability, consideration shall be given,
among other things, to any previous disability, the occupation of the injured em
ployee, the nature of the physical injury, and the age of the employee at the
time of the injury.
(x ) Where there is a previous disability, as the loss of one eye, one hand,
one foot, or any other previous disability, the percentage of disability for a
subsequent injury shall be determined by computing the percentage of the entire
disability and deducting therefrom the percentage of the previous disability as
it existed at the time of the subsequent injury.
(//) 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.
(z) All hernias are considered to be injuries within the provisions of this
act causing incapacitating conditions, or permanent disability, and until other
wise ordered by the commission, the following rules for rating shall govern
hernia cases:
Sec. 71. Hernia.— (a) Real traumatic hernia is an injury to the abdominal
(belly) wall of sufficient severity to puncture or tear asunder said wall, and
permit the exposure or protruding of the abdominal viscera or some part
thereof. Such injury will be compensated as a temporary total disability, and
as a partial permanent disability, depending upon the lessening of the injured
individual's earning capacity.
(5)
All other hernias, whenever occurring or discovered and whatsoever the
cause, except as under (a), are considered to be diseases causing incapacitat
ing conditions, or permanent partial disability; but the permanent, partial dis
ability and the causes of such are considered to be as shown by medical facts
to have either existed from birth; to have been years in formation, or both,
and are not compensatory except as hereinafter provided.
(c)
All cases coming under (&) in which it can be proven, first, that the
immediate cause, which calls attention to the presence of the hernia, was a
sudden effort or severe strain or blow received while in the course of employ
ment; second, that the descent of the hernia occurred immediately following
the cause: third, that the cause was accompanied, or immediately followed, by
severe pain in the hernial region; fourth, that the above facts were of such
severity that the same were noticed by the claimant and communicated imme
diately to one or more persons; are considered to be aggravations of previous
ailments or diseases, and will be compensated as such for time lost only to a
limited extent, depending upon the nature of the proof submitted and tho
result of the local medical examination, but not to exceed two months.
Sec. 72. Dependents.— (a) The following persons shall be conclusively pre
sumed 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 iujury.
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WOBKMEn's COMPENSATION LAWS— UNITED STATES
2. A husband, mentally or physically incapacitated from wage earning, upon
a wife whom he has not voluntarily abandoned at the time of the injury.
3. A natural, posthumous, or adopted child or children, whether legitimate
or illegitimate, under the age of 18 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 dependency is shown, and a stepchild or stepchildren
may be regarded in this act as a nalural child or children, if the existence and
fact of dependency is shown.
(&.) Questions as to who constitute dependents and the extent of their dependeRcy shall be determined as of the date of the accident or injury 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 bene
fits shall be directly recoverable by and payable to the dep< mlent or dependents
entitled thereto, or to their legal guardians or trustees.
Sec. 73. Waiting time.—No compensation, except accident benelits, 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 in
capacity extends beyond the period of seven days, compensation shall begin
on the eighth day after the injury: Provided, however, That it’ such disability
continues for one week beyond the period of seven days, such compensation
shall be computed from the date of the injury.
Sec. 74. Assignments, etc.—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, garnish
ment and execution, and shall not pass to another person by operation of the
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 compensation 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 notwith
standing, shall be as full a discharge of the benefits or compensation payable
under this act as if payments were made directly to the beneficiary.
Sac. 75. Waiver.— [No waiver of rights under the act is valid, nor any agree
ment for an employee to pay any part of the employer’s premium except
premiums for accident benefits.]
SRC. 76. Lump sums.— [The commission may, in its discretion, commute any
compensation into a lump-sum payment not in excess of $6>500.]
Sec. 77. Medical examinations, etc.— [Workmen entitled to compensation must
submit to medical examinations from time to time at reasonably convenient
places, as may be provided by the rules of the commission, and may have
present a physician provided at their own expense. Refusal or obstruction
suspends benefits, “ and no compensation shall be payable during or for account
of such i>eriod.” The commission may suspend or reduce compensation in case
of persistence in insanitary or injurious practices or the refusal of reasonably
essential medical or surgical treatment. Making false statements to obtain
benefits is a misdemeanor and a claimant convicted thereof forfeits all right
to compensation under the act.l.
Skc. 78. Interstate commerce.—The provisions of this act shall apply to
employers and their employees engaged in intrastate and also is 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 separate and distinguishable from interstate or foreign commerce.
Sec. 79. Reports.— [Employers under the act and physicians attending em
ployees within its scope are required to file with the commission full and
complete reports of all known injuries in such form as the commission may
prescribe. A schedule is to be fixed of physicians* fees, which shall not be
exceeded. Physicians may be required to testify, and information obtained
while in attendance on injured employees is not privileged if necessary to a
proper understanding of the case. On receipt of knowledge of an accident an
employer must at once send a physician chosen by him to examine the injured
TEXT OF LAWS— ARIZONA
103
man, and sucli examination must be permitted. It is tlie duty of tlie physician
to report the character and extent of the injury as ascertained.
If the employee or his physician fail to report the accident, or if the
employer’s physician is not permitted to make the examination above provided
for. no compensation shall he paid for the injury; hut ihe commission may in
its discretion relieve of such forfeiture if it appears that the circumstances
attending the failure of the employee or his physician to report the injury
were sufficient to excuse such failure and the failure will not result in an
unwarrantable charge against the State compensation fund or accident benefit
fund.J
Skc. *u. Claims.— [An injured employee or his dependents must file applica
tion for the compensation claimed, together with a certificate of the attending
physician, who shall render all necessary assistance in making the application
and necessary proof.
If change of circumstances warrants a modification of the award application
shall similarly be made therefor. No change will affect prior payments. No
appJication will be valid or claim thereunder enforceable unless filed within
one year after the date of the occurrence of the injury or the accrual of the
right to benefits.]
Skcs. 81,82. llramivjition of records, etc.— [All books, records, and pay rolls
of employers relating to wage expenditure must always be open for inspection
by the commission or its agents. Any misrepresentation of pay roll entails
a forfeiture of ten times the amount of the difference in the premium in
volved.!
Skch. 83-80. Enforcement, reports, eic.— [The attorney general or a county
attorney under his direction may be called on by the commission to prosecute
actions to enforce the law or recover money or penalties due. The State
auditor is to audit the books, fund*, etc., of the commission annually, or as
often as he may deem necessary. The commission is to make anuual reports
to the governor of accidents, administration, finances, etc., and to publish and
distribute to employers and employees general information as to its trans
actions.]
►Sec. 87. Classifications, etc., to be printed.—The commission shall cause to be
printed, in proper form 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.
Skc. 88. Suspension of orders, etc.—No injunction shall issue suspending or
restraining any order, award, classification, or rate adopted by the commis
sion or any action of any officer required to be taken by them or any of them
by and of the provisions of this act, except as herein provided; but nothing
herein shall affect any right of defense in any action brought by the com
mission or the Stale in pursuance of authority contained in this act.
S ec. 81). Construction.—If any employer shall be adjudicated to be outside
the lawful scope of this act. the act shall not apply to him or his workman,
or if any workman shall be adjudicated to be outside the lawful scope of this
act because of the 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. Any adjudication or invalidity
of any part of this act shall not affect the validity of the act as a whole or
any part thereof.
Sec. 90. Appeals.— [Appeals to the supreme court may be taken within 30
days after a finding of the commission, limited to questions of action in excess
of power, and whether a finding of fact made supports the award under
review.]
Sec. 91. Procedure.—The commission shall not be bound by the usual com
mon 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 sub
stantial rights of the parties and to carry out justly the spirit of this act.
Sec. 92. Payments to minors.—A minor working at an ago legally per
mitted 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, but in the event of the
104
w o r k m e n 's COMPENSATION IAWS— UNITED STATES
award of a lump sum of compensation to such minor employee, suclt sun;
tSljiili be paid only to tlie legally appoiuted guardian of sueli minor.
S ecs. 93-97. [These sections make provisions for contingencies of invalidity
or repeal of the law, repeal of the former law, and for its taking effect on
adoption of the amendment to the constitution.]
Sec. 98. Appropriations.— [The sum of $100,000 is appropriated, $90,000 to
the compensation fund and $10,000 to the accident benefit fund, with provi
sion for the return of these amounts by installments through a period not
exceeding 15 years. A salary and expense fund of $50,000, or so much thoreof
as may be necessary, was also appropriated for the year ending June 30, 1927.]
CALIFORNIA
CONSTITUTION
A rticle
XX
Section 21.—Compensation and insurance legislation
TAs amended in 1018, this section authorizes the legislature “ to create and
enforce a complete system of workmen’s compensation,” including provisions
for comfort, health, and safety, medical, surgical, and hospital treatment, the
payment of compensation and its security by insurance, the establishment of a
State fund, methods of adjusting disputes, and administration of such a
law generally by arbitration, a commission, or the courts, either, any, or all.
Findings of a commission are to be subject to review by the appellate courts
of the State.]
STATUTES
Workmen's compensation and insurance1
S e c tio n 1 (1917, ch. 586). Scope and intent.— [This section embodies the
declaration of public policy embodied in the amendment of 1918 of section 21 of
the State constitution, supra.]
Secs. 1, 2. Title.— rThese are taken from the acts of 1913 (ch. 176) and 1917
(ch. 586). respectively, and give the short title of the acts, “ Workmen's com
pensation, insurance, and safety.” ]
Sec. 3 (1917, ch. 586, as amended 1919, ch. 471). Definitions.—The following
terms as used in this act shall, unless a different meaning is plainly required by
the context, be construed as follows:
(1) The term “ commission ” means the Industrial Accident Commission of the
State of California as created under the provisions of chapter 176 of the laws
of 1913.
(2) The term “ commissioner ” means one of the members of the commission.
(8) The term “ compensation” means compensation under this act and
includes every benefit or payment conferred by sections 6 to 81. 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 dis
ease arising out of the employment, including injuries to artificial members.
In case of aggravation of any disease existing prior to such injury, compensa
tion 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 association,
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 association, 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.
Sec. 3 (1913. ch. 176). Industrial accident commission.— rA board of three
members appointed by the governor is to serve four years at $5,000 per year,
not more than one member’s term expiring in any year.]
1 Tho originnl act of 1911 was superseded in 1013. ThLs second act was amended in
19J5 and largely recast iu 1917. other changes being made in 1919. 1023. and 1025.
The text of these laws has been compiled by the industrial accident commission of the
State, and while the form is .said to be without official sanction, it is followed as a careful
and complete presentation of existing law.
105
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WORKMEN^ COMPENSATION LAWS— UNITED STATES
Secs. 4-7 (1013, ch. 176). Organisation, powers, etc., of commission.— [The
commission selects its own chairman, has a seal, is to maintain offices at San
Francisco anti Los Angeles, may appoint an attorney, a secretary, a manager
of the State compensation insurance fund, and other officers, assistants, experts,
referees, nnd employees as it deems necessary.]
S ecs. 4, 5 (1917. ch. 586). Same.— [The commission may appoint an assistant
to its attorney and is vested with whatever additional powers the act of 1917
may confer.]
Secs. 8-11 (1913, ch. 176). Salaries, expenses, forms, etc.— [Salaries and
expenses are to be iixed by law or by the commission. Tlio commission is to
provide forms and record books, may charge fees for copies of papers, is to
make annual reports to the governor, and may make and distribute from time
to time reports and pamphlets relative to its work, and may make and collect
reasonable charges for the Kame.]
Sec. 6 (1917, ch. 586, a •>amended 1919, ch. 471; 1923, ch. 161). Compensation
payable, when.— (a) Liability for the compensation provided by this act, in
lien of any other liability 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) Wlieiv. 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.
(3) Where ihe 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.
(4) Where the injury is caused by the serious and willful misconduct of the
injured employee, the compensation i.t her wise recoverable by him shall be
reduced one-lialf: Provided, ha in r<-r, That such misconduct of the employee
*hail not be a defense to the claim of the dependents of said employee, if the
injury results in death, or to the claim ol the employee, if the injury result**
in a permanent partial disability equaling or in excess of 70 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 refer
ence to the safety of places of employment: -4 nd provided further, That in case
of an injury suffered by an employee under 16 years of age, it shall be conclu
sively presumed that such injury was not caused by serious and willful
misconduct.
(b) Where such conditions of compensation exist, the right to recover such
compensation, pursuant to the provisions of this act, shall be the exclusive
remedy agaisnt 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 a managing representative or general
superintendent thereof), or if a corporation, 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 $2,500.
(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.
Sec. 7 (1917, ch. 5S6, as amended 1919, ch. 471).
“Employer”—The term
“ employer ” as used in sections 6 to 31, inclusive, of this act shall be construed
to mean: The State, and each county, city and county, city, school district,
irrigation district, all other districts established by law, and all public corpora
tions and quasi-public corporations and public agencies therein, and every per
son, 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.
TEXT OF LAWS— CALIFORNIA
107
Sec. 8 (1917, ch. 586). Employees included and excluded.— (a) The term
44employee ” as used in sections 6 to 31, inclusive, of this act shall be construed
to mean: Every person in the service of an employer as defined by section 7
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 qua si-public or
private corporations, while rendering actual service for such corporations fof
pay, but excluding any person whose employment is both casual and not in
the course of the trade, business, profession, or occupation of his employer, and
also excluding any employee engaged in household domestic service, farm, dairy,
agricultural, vitieuitural, or horticultural labor, in stock or poultry raising, and
any person holding an appointment as deputy clerk, deputy sheriff, or deputy
constable appointed for the convenience of such appointee, who receives no com
pensation from the county or municipal corporation or from the citizens thereof
lor services as such deputy: Proi>ided, That such last exclusion shall not de
prive any person so deputized from recourse against any private person employ
ing him for injury occurring in the course of and arising out of such employ
ment.
( b)
Any person rendering service for another, other than as an independent
contractor, or as expressly excluded herein, is presumed to be an employee
within the meaning of this act. The term “ independent 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
1he 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 partner
ship receiving wages irrespective of profits from such partnership shall be
deemed an employee within the meaning of this section.
(e) Tlie term “ casual ” as used in this section shall be taken to refer only
10 employments where the work contemplated is to be completed in not ex
ceeding 10 workingdays, without regard to the number of men employed, and
where the total labor cost of such work is less than $100. The phrase “ course
of the trade, business, profession, 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 em
ployer. The words 44trade, 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 names articles of incorporation, or principal busi
ness of the employer to the contrary notwithstanding.
(d)
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 several persons,
have at the time of the injury sustained by them taken out and maintained in
full force and effect insurance upon themselves as self-employing persons con
ferring benefits equal to those conferred by this act, the employer shall not be
liable under this act.
(©) It shall not be a defense to the State, or any political subdivision or
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 regulation respecting the
hiring of employees.
(f) Workmen associating themselves under a partnership agreement the
principal purpose of which is the performance of the labor on a particular
piece of work, shall be deemed employees of the person having such work
executed, and, in the event the average weekly earnings arc not otherwise
ascertainable, shall be deemed to be employed at an average weekly wage of
$12: Provided, however, That if such workmen shall have taken out and
maintained in full force and effect insurauce, 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.
Sec. 9 (1917, ch. 586, as amended 1919, ch. 471; 1925, ch. 354). Jienefits.—
Where liability for compensation under this act exists, such compensation shall
1965°—26------8
108
w o r k m e n ’s
COMPENSATION I.AWS— UNITED STATES
bo furnished or paid by the employer and bo 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 lie liable for the
reasonable expense incurred by or on behalf of the employee? in providing
the same: Provide*.!, That if the employee so requests, (be employer shall
tender him one change of physicians and shall nominate at least three addi
tional practicing physicians comjjetent to treat the particular case, or as many
as may be available if three can not reasonably be named, from whom the
employee may choose: the employee shall also be entitled, in any serious
case, upon request, to the services of a consulting physician to be provided
by the employer: all of said treatment to be at the expense or :he employer.
It* the employee so request.*, the employer must procure cer-liicniion by the
commission or a commissioner of the competency for the particular ca>*e of the
consulting or additional physicians: Prorbled further. Thai the foregoinir pro
visions regarding a change of physicians shall not apply lo those cases where
the employer maintains, for his own employees, a hospilai and hospiia! staff,
the adequacy and competency of which have been approved by the commission.
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 -he
commission, upon the request of either p;.rty.
(1>) If the injury causes temporary disability, a disability payment which
shall be payaWe for one week in advance as wages on the eighth day after th.a
injured employe*' leaves work as a result of the injury. Tf the injury <i\uses
permanent disability, a disability payment which shall be payable for one
week in advance as wages on the eighth day after ihe injury. Such indemnify
slinil 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:
m If the period of disability does not last longer than seven days from
the ./jay the employee leaves work as the result of the injury, no disability
payment whatever *hnl! be recoverable.
(2)
Tf 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 he 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, (55 per cent of the aver
age weekly earnings during the period of such disability, consideration being
given to the ability of the injured employee to compete In an open labor market.
(2 ) Tf the injury causes temporary partial disability. 65 j>er 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 1 and 2 of
thi* subdivision, respectively.
(4) Paragraphs 1, 2. and 3 of this subdivision shall be limited 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 240 weeks from the date of the injury.
(5) Tf the Injury causes permanent disability, the percentage of disability
to total disability shall be determined and the disability payment computed
and allowed as follows: For a 1 per cent disability, 65 per cent of the average
weekly earnings for a period of four weeks; for a 10 per ceut disability. 65
per cent of the average weekly earnings for a period of 40 weeks; for a 20
per cent disability. 65 per cent of the average weekly earnings for a period
of 80 weeks; for a 30 per cent disability, 65 per cent of the average weekly
earnings for a period of 120 weeks; for a 40 per cent disability. 65 per cent,
of the average weekly earnings for a period of 160 weeks: for a 50 per cent
disability, 65 per cent of the average weekly eafilings for a period of 200 weeks:
for a 60 per cent disability. 65 per cent of the average weekly earnings for a
period of 240 weeks; for a 70 per cent disability, 65 per cent of the average
TEXT OF LAWS— CALIFORNIA
109
weekly earnings for a period of 240 weeks, and thereafter 10 per cent of such
weekly earnings during the remainder of life; for an 80 per cent disability,
C5 per cent of the average weekly earuings for a period of 2i0 weeks and
thereafter 20 per cent of such weekly earnings during the remainder of life;
for a 00 per cent disability, 05 per cent of the average weekly earnings for a
period of 210 weeks and thereafter 30 per cent of such weekly earnings dur
ing the remainder of life; for a 100 per cent disability, 05 per cent of the
average weekly earnings for a period of 240 weeks and thereafter 40 per cent
of such weekly earnings during the remainder of life.
(0)
The payment for ]>ermanent disabilities intermediate to those fixed by
the foregoing schedule shall be computed and allowed as follows: If under
70 per cent. 05 per cent of the average weekly earnings for 4 weeks f>r each
1 per cent of disability; if 70 per cent or over. 05 per cent of the average
weekly earuiugs for 240 weeks and thereafter 1 per cent of such weekly ea/uings for frucli 1 per cent of disability In excess of GO per cent to be paid during
the remainder of life.
(7) In determining the iiercentages of permanent disability, account 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.
(8) Where an injury causes both temporary and permanent disability, the
injured employee shall not be entitled to both a temporary and permanent
disability payment, but only to the- greater of the two.
(0)
The following permanent disabilities shall be conclusively presumed to
be total in character: Loss of both eyes ur the sight Thereof; Jo.-rs of boi.ii
hands or the use thereof: an injury resulting in a practically total paraly^i*;
an injury to the brain resulting in incurable imbecility or insanity. In ail
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.
(11) The commission may prepare, adopt, and from time to time amend,
a schedule for the determination of the percentages of permanent disabilities,
such table to be based upon the proper combinations of the factors lndi<*aied
in subdivision seven above. Such schedule shall be available for public in
spection and without formal introduction in evidence shall be prirna facie
evidence of the percentage of permanent disability to be attributed to each
injury covered by said schedule.
The death of an injured employee shall not affect the liability of the
employer under subsections (a) and (l>) of this section, so far as suel. liability
lias accrued and become payable at the date of the death, and any accrued
and unpaid compensation shall be paid to the dependents, if auy, or, if there
are no dependents, to the personal representative of the deceased employ*';?
or heirs or other persons entitled thereto, without administration, but *ueh
death shall be deemed to be the termination of the disability.
l&) If the injury causes death, either with or without disability, the burial
expense of the decensed employee as hereinafter limited and a death benefit
which shall be payable in installments equal to 05 per cent of the average
weekly earnlugn of the deceased employee, upon the employer's regular pay
day, but not less frequently than twice in each calendar month, unless other
wise ordered by the commission, which death benefit shall be as follows:
(1 > In case the deceased employee leaves a person or persons wholly depend
ent upon him for support, such dependents shall be allowed the reasonable
expense of his burial, not exceeding $150, 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 (b)
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
ings, such average annual earnings to be taken at not less than $333.33 nor
more than $1,660.06.
(2)
In case the deceased employee leaves no person wholly dependent upon
him for support, but one or more persons partially dependent therefor, the
said dependents shall be allowed the reasonable expense of his burial, not
110
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
to exceed $150, 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 beneAt
shall not be greater than the sum sufficient, when added to tlu? disability
indemnity which, at the time of the death, has accrued and become payable
under the provisions of subsection (ft) 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 earn
ings, such average annual earnings to be taken at not less than $333.33 nor
more than $1,066.66.
(3)
If the deceased employee leaves no person dependent upon him for
support, the employer shall be liable for the reasonable expense of his burial,
not exceeding $150 and such other benefit as may be provided by law.
(d) Payment of compensation in accordance with the order and direction
of the commission shall discharge the employer from all claims therefor.
Sec. 10 (1917, ch. 586). Employers’ hospitals.— [Hospitals maintained by
employers or by mutual associations of employees for the treatment of injuries
coming within the provisions of this act are subject to inspection by the com
mission. No contributions or deductions from employees’ wages for the main
tenance of hospital facilities may be used to pay any part of the compensation
provided by this act; but hospital associations may supply the treatment
required by the act free of charge. Such hospitals must report on demand and
at least once a year as to their operations, and may be declared inadequate and
other treatment required.]
Sec. 11 (1017, ch. 586). Claims.— (« ) Unless compensation is paid or an
agreement for its payment made within the time limited in this section for the
institution of proceedings for its collection, the right to Institute such proceed
ings shall be barred: Provided, That the filing of an application with the com
mission for any portion of the benefits prescribed by this act shall render this
section inoperative as to all further claims of any person or persons for com
pensation arising from the same transaction, and the right to present such
further claims shall be governed by the provisions of section 20 ( d) and sec
tion 65 (ft) of this act.
(ft) The periods within which proceedings for the collection of compensation
may be commenced are as follows:
(1) Proceedings for the collection of the benefit provided by subsection (a)
of section 0 or for the collection of the disability payment provided by subsec
tion (ft) of said section 9 must be commenced 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 subsec
tion (o) of said sec*ion 9 must be commenced within one year from the date of
death, and in any event within 240 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 continued 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 collec
tion commenced within the time limited for the commencement of proceedings
for the recovery of the disability payment.
(o)
The payment of compensation, or any part thereof, or agreement there
for, shall have the effect of extending the period within which 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 payment: Provided, hoiccver, That nothing
contained in this section shall be construed to bar the right of any injured
employee to institute proceedings for the collection of compensation within
245 weeks after the date of the injury upon the grounds that the original
injury has caused new and further disability; aud the jurisdiction of the com
mission, 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 of his
dependents, shall be under 21 years of age or incompetent 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 sucli
TEXT OF LAWS— CALIFORNIA
111
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 21 years of nge or incompetent
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 compensa
tion payments for the benefit of such minor or incompetent and his family.
(e) No compensation shall be payable in case of the death or 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 commission, based upon expert medical or surgical advice, inconsider
able in view of the seriousness of lhe injury.
(f) The fact that an employee has suffered a previous disability, or re
ceives compensation therefor, shall not preclude him from compensation for
a later injury, or his dependents from compensation for death resulting there
from, 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.
(y) Any payment, allowance, or benefit received by the injured 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 ou 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 com
pensation to be paid.
(h) The running of the period of limitations prescribed by this section is
an affirmative defense and operates to bar the remedy and not 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. (3017, ch. 586). Aver aye earnings.— (a) The average annual earn
ings referred lo in section 9 hereof shall be fifty-two times the average weekly
earnings referred to in said section; in computing such earnings the average
weekly earnings shall be taken at not less than $6.41 nor more than $32.05,
and three; times the average annual earnings shall be taken at not less than
$1,000 nor more than $5,000, 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 260 days of the year preceding
his injury his average weekly earnings shall consist of 95 per cent of six times
the daily earnings at the time of such injury where the employment is for
six full working-days » week. Where his employment is for five, five and
one-half, six and one-lialf, or seven working-days a week the average weekly
earnings shall be 95 per cent of five, live and one-half, six and 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 260 days of such preceding year, his average weekly earnings shall be
based upon the daily earnings, wnge, or salary of an employee of the same
class working at least 260 days of such preceding year in the same or a
similar kind of employment in the same or a neighboring place, computed in
accordance with the provisions of the preceding subdivision.
(8) If the earnings be irregular or specified to be by the week, month, or
other period, then the average weekly earnings mentioned in subdivisions
(1) and (2) above shall be 95 per cent of the average earnings during such
period of time, not exceeding one year, as may conveniently be taken to de
termine an average weekly rate of pay.
(4)
Where the employment is for less than five days per week or is sea
sonal 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 95 per cent of
such sum as shall reasonably represent the average weekly earning capacity
112
w o r k m e n ’s
COMPENSATION IAWS— UNITED STATES
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: Provided, That the earnings from other occupa
tions shall not be allowed iu excess of the rate of wages paid at the time
of the injury.
(o> in determining such average weekly earnings, there shall be included
overiime and the market value of board, lodging, fuel, and other advantages
received by the injured employee as part of his remuneration which can be
estimated in money, but such average weekly earnings shall not iuclude any
sum which the employer may pay to the injured employee to cover any special
excuses entailed ou him by the nature of his employment.
(<•) If the injured employee is under 21 years of age and his incapacity is
permanent his average weekly earnings shall be deemed, within* the Ihnits
fixed, to be the weekly sum that under ordinary circumstances he would probabi; be able to earn after attaining the age of 21 years in the occupation in
which he was employed at the time of tiie injury or in any occupation io
which he would reasonably have been promoted if he had not been injured,
and if such probable earnings after attaining the age of 21 years can not
reasonably be determined, such average weekly earnings shall be based upon
S3 a day for a 6-day week.
LSt:c. 18 (3917, cli. 580). Waye loan.—The weekly loss in wages ii* case
of temporary partial disability shall consist of the difference herween the
average weekly earnings of the injured employee, computed according to the
provisions of section 9, and the weekly amount which i lie injured employee
will probably be able to earn during the disability, to be determined In view- of
the nature and extent of the injury. In computing such probable earnings
due regard shall be given ro 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 he compiled from the proportionate loss of
physical ability or earning power caused by the injury.
tfEt. 1*1 ‘ 11)J7, cli. 5m:». as amended 191*?, ch. 471). Dependent*.—(a) The
following shall be conclusively presumed to be wholly dependent for
suj.porl 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:
i.l) A wife upon a husband with whom she was living at the time of bis
injury or for whose support such husband was legally liable at the time
of his injury.
(2)
A child or children under the age of 18 years, or over said age. but
physically or mentally incapacitated from earning, upon the parent wicli
whom he or they are living at the time of the injury of such parent or for
whose maintenance such pareut was legally liable at the time of injury, there
being no surviving dependent parent.
lb) In all other cases, questions of entire or partial dependency and ques
tions 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, xK>sthumous child, adopted child or stepchild, father or mother, father-inlaw or mother-in-law, grandfather or grandmother, brother or sister, uncle or
aunt, brother-in-law or sister-in-law, nephew or niece.
<(I) 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 jwnson or persons partially dependent snail 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 support, 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.
tcj The commission may, anything in this act contained to the contrary not
withstanding, set apart or reassign the death benefit to any one or more of the
dependents in accordance with their respective needs and as may he just and
equitable, and may order payment to a dependent subsequent in right, or not
iTEXT OF LAWS— CALTFORXIA
113
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 per
son 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 the com
mission. In the event of the death of a dependent beneficiary of auy deceased
employee, if there be no surviving dependent, the death of such dei>endenl shall
terminate the death benefit, which shall not survive to the estate of su'-h de
ceased dependent, except that payments of such death benefit accrued anu pay
able at the time of the death of such sole remaining dependent shall be paid
upon the order of the commission to the heirs ot* such dependent or. if none. i.t»
the heirs of the deceased employee, without administration.
Sec. 15 (1017, ch. 580). Aotice of injury.—No claim to recover compensation
under this act shall be maintained unless within 30 days after the occurrence
of rhe 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, and algned
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 injury, obtained from auy source,
on the part of such employer, his managing agent, superintendent, foremau. or
oilier person in authority, or knowledge of the assertion of a claim of injury
suilicicnt to afford opportunity to the employer to make an investigation iiuo
the facts, shall be equivalent to such service: And provided further, That the
failure to give any such notice, or any defect or inaccuracy therein, shall not he
a bar to recovery under this act if it is found as a fact in the proceedings Tor
the collection of the claim that there was no intention to mislead or prejudice
the employer in makiug his defense and that he was not in fact so misled or
prei\idiced thereby.
Sko. 16 (1917, ch. 586). Mvdical examination.— [Employees entitled to com
pensation under this act mu:t Mibmifc to medical examination at reasonable
time, on request of the employer, or under the direction of the commission.
The employee may also have u physician present. Refusal or obstruction sus
pends the right to be^in or maintain proceeding.-: for the collection of o.nnpensation; and if the commission has directed the examination, payments ac
cruing during the period of such refusal or obstruction are barred, IMiy^icb.ns
making, or present at, such examinations may be required to testify as to the
results.]
Skos. 17 (1917, ch. 586, as amended 1919, ch. 471) ; 18 (1917, ch. 586, as
amended 1928, ch. 197) ; 19-23 (1917, ch. 586). Procedure.—[These s c io n s
prescribe the forms of hearings, the jurisdiction of the commission, declare
the right of a claimant to proceed against the estate of an employer in the
event of his death, provide for attachments to issue on application of a
claimant, in the discretion of the commission, etc. Formal pleadings are not
required; appearance may be in person or by au agent or attorney; cases may
be submitted on a basis of stipulated facts: the nature of evidence that may
be received is set forth; and the burden of proof is declared to iie on the party
holding the affirmative of an issue, and specifically where an employer claims
that the injured person was an independent contractor or otherwise outside
the act if he was at the time actually performing service for the alleged %mployer, or where intoxication, willful misconduct, aggravation of the Injury
by unreasonable conduct of the employee, or prejudice by failure to give the
required notice is offered as a defense. Autopsies may be ordered on a proper
representation.
Findings and award must be made in 30 days after final hearings. Juris
diction is continuing, and orders may, on proper notice and opportunity for
hearing, be rescinded, altered, or amended as good cause therefor may ap
pear. A certified copy of findings and award may be filed with a clerk of
court and constitute a judgment roll. Stay of execution may be allowed by
the commission or a member for good cause, and orders, awards, etc., are subjeer to review by the courts as specified in sections 67, 68. No fees are allowed
except for docketing and for certified copies of transcripts of awards as
judgments. Costs are in the discretion of the commission; if benefits have
been unreasonably delayed, the beneficiary may be allowed interest not ex
ceeding IV2 per cent per month during the period of delay.]
114
WORKMEN'S COMPENSATION LAWS— UNITED STATES
S ec . 24 (1917, ch. 580, a s » mended, 1919, ch. 471; 1923, ch. 881; 1925, ch.
255). Assignments; status of claims, etc.— (a) No claim for compensation shall
be assignable before payment, but this provision shall not affect the survival
thereof, nor shall any claim for compensation, or compensation awarded, ad
judged, 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 at
torney at law or in fact or other agent in violation of the provisions of this
section shall not bo credited 1o the employer.
[Other subsections authorize a lien against an award for a reasonable attor
ney’s fee, medical, etc., benefits, living expenses of the injured employee or his
dependents, burial expenses not above $150, and reasonable living expenses of
a desorted or neglected wife or minor children or both, subsequent to the in
jury; prescribe procedure as to such lien claims, limit legal and mcdical
charges thus enforceable to an amount declared reasonable by the commission,
authorize the exclusion of other representatives of claimants than recognized
attorneys at law, and give compensation claims find awards the same prefer
ence as is allowed claims for wages.]
Sec. 25 (19.17, ch. 580). Liability of principal and contracting employers.—
[This section undertook to give employees of contractors and subcontractors
recour.se to the principal employer in cases of injury occurring on the premises
of the latter or under his control uuless the immediate employer maintained
full compensation insurance; or proceedings might be against both the im
mediate employer and such principal, but payment in whole or in part by
either to that extent barred recovery against the other. It was declared
unconstitutional in so far as it attempted to award compensation against a
third person, not the employer of the injured employee (Pacific Gas & Electric
Co. v. Ind. Ac. Com. (1919), 180 Calif. 497, 181 Pae. 788).]
Sec. 26 (1917. ch. 586, as amended 1919, ch. 471). Injuries by third parties.—
The term ‘ employee,*' 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 employee, or of any other
person, shall not abate any right of action established by ihis section. The
claim of an employee for compensation shall not. affect his right of action for
damages arising out of injury or death against any person other than the
employer; and any employer having paid, or having become obligated to pay,
compensation, may likewise bring an action against such other i>erson to re
cover said damages. If either such employee or such employer shall bring
such action against such third person, he shall forthwith notify the other in
writing, by personal 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 brou/cht 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 raison 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 employee or other person entitled. If the
employee joius in or prosecutes 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 em
ployee 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
satisfaction of judgment in such proceedings, shall be valid without the writ
ten 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.
Sec. 27 (1917, ch. 586, as amended 1923, ch. 379). Waivers; compromises.—
[Contracts or rules exempting employers from the obligations of this act are
forbidden, but this does not prevent releases or compromises that provide for
TEXT OF LAWS— CALIFORNIA
116
full payment according to this act, or that are approved by the commission.
The agreement must stipulate its terms in detail and be duly executed and
attested.]
Sec. 28 (1917, ch. 586). Lump sums.— (a) At the time of making its award,
or at any time thereafter, the commission, on its own motion, either with or
without notice, or upon application of either party with due notice to the other,
may, in its discretion, commute the compensation payable under this act to a
lump sum, if it appears that such commutation is necessary for the protection
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 accord
ance with the following provisions:
(1) If the injury causes temporary disability, the commission shall esti
mate the probable duration thereof and the probable amount of the temporary
disability payments therefor, in accordance with the provisions of section 9
hereof, and shall fix the lump sum payment at such amount so determined.
(2) If the injury causes permanent disability or death, the commission shall
fix the total amount of the permanent disability payment or death benefit
]>ayable therefor in accordance with the provisions of said section 9 and shall
estimate the present value thereof, assuming interest at the rate of 6 per cent
per annum, disregarding the probability 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 beueficiary’s death only in estimating the present value of such life
pension.
(c) The commission in its discretion may order the lump sum payment,
determined as hereinbefore provided, paid directly to the injured employee
or his dependents or deposited with any savings bank or trust company author
ized 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, to
gether with all interest derived therefrom, shall thereafter be held in trust i'or
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 commission, 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 evidenc
ing the same, executed either by the injured employee or his dependents, or by
the trustee, and the commission 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 pay
ments of compensation awarded are to be paid for a considerable time in the
future, determine the present worth of said future payments, discounted at the
rate of 3 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.
Sec. 29 (19.17, ch. 586, as amended 1919, ch. 47.1; 1925, ch. 800). Security of
payments.— [Employers except the State and its subdivisions and institutions
must secure the payment of compensation by insurance with an authorized
insurance carrier, or by obtaining from the commission a certificate permitting
self-insurance, in which ease a bond or securities may be required. Such cer
tificate may be revoked at any time for good cause shown.
Failure to secure the payment of compensation is a misdemeanor. The em
ployee may submit a claim under the act and may also sue such employer for
damages the same as if the act did not apply, and is thereupon entitled to an
attachment, in an amount fixed by the court, to secure the payment of any
judgment that may be obtained, to include also a reasonable attorney's fee.
116
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
]£ damages exceed the compensation award, such award shall he credited on
the judgment. In such action it will be presumed that the injury grew out
of the negligence of the employer, and the common-law defenses are barred.]
S e c s . 30. 31 (1017, ch. 586). Insurance.— [Insurance in mutual and other
companies Is permitted, but nothing may be received or taken from the earn
ings of any employee to cover the cost of compensation under this act; nor
may the liability therefor be reduced by reason of any insurance or other
benefit receivable by any person entitled to compensation. But the payment of
all or any part of the compensation provided for by the act by either the
employer or the insurer will to that extent relieve the other.
Policies must contain a provision for direct and primary liability to the em
ployee or his dependents, and that notice, knowledge, and jurisdiction of the
employer are binding on the insurer, as are also awards rendered against the
employer: also that the employee has a first lien on payments to the employer,
and if the employer is legally incapacitated to receive payments they shall be
paid directly to the beneficiary, the insolvency of the employer not relieving
the insurer for liabilities accruing during the period the policy remains in
operation.
Acceptance by the insurer of the liability to compensation arising out of an
Injury received relieves the employer of such liability, but the substitution does
not abate proceedings in respect of any claim instituted. If the insurer has
assumed or met the liabilities of an employer under the act, it is subrogated to
all rhe rights and duties of such employer, and may enforce the same in its
own name.
If any policy contains any limitation as to the compensation payable, it
shall be so stated in the policy, in bold-faced type, the words, “ limited compen
sation policy ” to be also printed on the top of the policy. No policy shall
protect the employer against the liability existing under the provisions of
section 8(6 ).]
S ec. 82 (1917, ch. 58G). State fund unaffected.—Nothing contained in rhis act
shall be taken or construed to limit, interfere with, disturb, or render ineffec
tive in any degree, the 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 confirmed,
saved, and continued.
Sko. 36 (1913, ch. 176, as amended 1915, ch. 607). Creation of State fund.—
There is hereby created and established a fund to be known as the “ State
compensation Insurance fund,” to be administered by the industrial accident
commission of the State, without liability on the part of the State beyond the
amount of said fund, for the purpose of insuring employers against liability
for compensation under this act and against the expense of defending any suit
for damages under the optional provisions of section 12 hereof (subdivision
ft), and insuring to employees and other persons the compensation fixed by this
act for employees and their dependents.
S eo. 37 (.1913, ch. 176, as amended 1915, ch. 607). State insurance fund.—
(er) The State compensation insurance fund shall be a revolving fund and shall
consist 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 ac
count of insurance and to the payment of the salaries and other expenses to
be charged against said fund in accordance with the provisions contained in
this act.
(c ) Said fund shall, after a reasonable time during which it may establish a
business, bo 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-support lug, the
actual loss experience and expense of the fund shall be ascertained on or about
the 1st 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
TEXT OF LAWS— CALIFORNIA.
117
declared to, or a credit allowed on the renewal premium of each employer who
has been insured with the fund, sueh cash dividend or credit to be such an
amount to which, as in the discretion of the commission, such employer may
be entitled as the employer's proportion of divisible surplus.
Sec. 38 (J918, <*h.
Power* of commix*ion.— (a) The commission is
hereby vested with full power, authority and jurisdiction over the Slate com*
pensation insurance fund and may do and perform any and all things whether
herein specifically designated, or in addition thereto, which are necessary op
coincident 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 rind completely
as the governing body of a private insurance carrier might or could do.
(b) The commission shall have full power and authority, and ic shall be
its duty, to fix and determine the rates to be charged by the State compensa
tion 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 compensation insurance fund, and
in ihai name, without any other mime or title, the comml.ttion 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,
manwMuenr or conduct o f the bJisine.'.* o r affairs relating therein.
(2) Make and enter into contract# of insurance as herein provided, and such
other contracts or obligations relating to the State compensation insurance fuud
as are authorized or permitted under the provisions of this act.
(3) Invest and reinvest the moneys belonging to said fund as hereinafter
provided.
(4) Conduct all business and affairs, relating to the State compensation in
surance fund, whether herein specifically designated or in addition Thereto,
(c) The commission may delegate i.o the manager of the State compensa
tion insurance fund, or to any other ofiVer, 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 commissi*.u under
the provisions of this act in connection with the State compensation insurance
fund, the administration, management and conduct of the business and a'Tuirs
relating thereto, and the officer or officers to whom such delegation is made
n11*.v exercise tho powers and functions and perform rhe duties delegated with
the seme force and cffect as the commission, but subject to its approval.
(d) The commission shall nor., nor shall any commissioner, officer or employee
thereof, be personally liable In his private capacity for or on account of any
act perfoim* d 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 in
surance fund, its business or other affairs relating thereto.
Skc. 5JI) (1913. eh. 176). Power* of nwnayer.—In conducting Ilie business
and affniis of the State compensation insurance fund, the manager of the said
fund or other officer to whom such power and authority may be deleiraled by
the commission, as provided by subsection (c) of section
thereof, shall have
full power and authority:
O)
To enter into contracts of insurance, insuring employers against lia
bility for compensation and insuring to employees and other persons the com
pensation fixed by this act.
(2) To sell annuities covering compensation benefits.
(3) To decline to insure any risk in which tho 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 compensation
insurance fund, but shall not have power or authority, except as otherwise
provided in this subdivision, to refuse to insure any compensation risk ten
dered 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 compensation.
(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 compensa
tion are to be made.
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w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
(7) To contract witli physicians, surgeons, and hospitals for medical and
surgical treatment and the care and nursing of injured person* entitled to
benefits from said fund.
Sec. 40 (1917, ch. 176). Rates, hoiv fixed.— (a) It shall be the duty of the
commission to fix and determine the rate** to be charged hy the State com
pensation insurance 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 practi
cable, 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
name is conducted, together witli 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 particular 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 em
ployer which, in the long run and on the average, shall produce a sufficient
sum, when invested at 8% per cent interest:
(1) To carry ail 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;
(8) To produce a reasonable surplus to cover the catastrophe hazard.
S ec. 41 (1913. ch. 376). Forms of policy.—The insurance contracts entered
into between the State compensation insurance fund and persons insuring
therewith may be 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 contract:
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 com
pensation 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.
Sko. 42 (1913, ch. 176). Who may be insured.—The State compensation in
surance fund may issue policies, including with their employees, employers who
perform labor incidental to their occupations, and including also members of the
families of such employers engaged in the same occupation, such policies in
suring to such employers and working members of their families the same
compensations provided for their employees, and at the same rates: Provided,
That the estimations of their wage values, respectively, shall be reasonable and
separately stated in and added to the valuation of their pay rolls upon which
their premium is computed. Such policies may likewise be sold to selfemploying persons and to casual employees, who, for the purpose of such in
surance, shall bo deemed to be employees within the meaning of sections 12 to
So. inclusive, of this act.
Skcs. 43-45 (1913, ch. 176). Custody of fund: invcxhnents.— [The treasurer
of the State is custodian of the fund, liable under his official bond for its
safe-keeping. No part of the fund may bo disbursed without first passing into
the State treasury, and being drawn therefrom. Monthly estimates of ex
penditures are to bo submitted by the commission to the State hoard of control,
and if approved, the controller draws his warrant therefor on the fund.
Monthly accounts are to be rendered, and semiannual valuations are required
of all properties and securities held. Moneys in excess of current requirments
are to be invested in authorized securities, or deposited in banks authorized
to receive State deposits.]
Secs. 46. 47 (3933, ch. 176, as amended, 1915, ch. 607). Municipalities.—
FCities, counties and other public or quasi-public corporations may insure only
in the State fund unless refused by it, and premiums therefor are a proper
charge against their general funds. When the premium rates have been estab*
TEXT OP LAWS— CALIFORNIA
119
lislied, the commission is to inform the proper officials thereof, and they shall
then make application for insurance in the fund, and transmit the premiums.]
Sec. 48 (1913, ch. 176). Reports.— [The commission is to make quarterly
reports to the governor of the business, assets and liabilities of the fund,
which reports are to be audited and published one or more times in at least
t:\vo newspapers of general circulation in the State.]
S ec. 49 (1913, ch. 176). Misrepresenting pan roll.—Any employer who shall
willfully misrepresent the amount of the pay roll upon which his premium under
this act is to be 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 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 compensa
tion insurance fund and any amount so collected shall become a part of said
fund.
S ec . 50 (1913, ch. 176). Fraud.—Any person who willfully misrepresents any
fact in order to obtain insurance at less than the proper rate for such insurance,
or in order to obtain any payments out of such fund, shall be guilty of a misde
meanor.
[ Here follow sections 33 to 54 of chapter 586, Acts o f 1917. They relate to safety provjHlonst. inspections, accident reporting and investigation, and are printed in Bulletin
Xo. 370, Labor Laws of the United StaU*. pp. 214-219.1
S ecs . 55-66 (1917, ch. 586). Procedure.— [Injuries covered by the act are
within the exclusive jurisdiction of the industrial commission, subject only
to reveiw by the courts as provided herein. Notices, orders or decisions may be
served in accordance with the provisions of the Code of Civil Procedure, and
the secretary, assistant secretaries and inspectors appointed by the commis
sion have power as to arrests and warrants conferred by law upon peace
officers. The commission has full power and authority to establish its own
rules of practice and procedure, to provide for the appearance and representa
tion of minors and incompetents, to regulate and prescribe the nature and
extent of proofs and evidence, regulate notices, provide for joinder of parties,
etc. It has jurisdiction over all controversies arising out of injuries suffered
outside of the State where the contract of hire was made within the State.
(The act limited this provision to employees resident of the State at the time
of the injury, but this limitation was held unconstitutional as discriminating
between citizens of that State and other States. Quod? Ham Wah Co. v. Ind.
Ac. Com. (1920), 184 Cal. 26, 192 Pac. 1021.}
Applications may be referred to referees b> agreement ol the parties, on
application of either, or on motion of the commission; but a party may object
to the appointment of any person as referee on grounds specified in the Code
of Civil Procedure, and such objection must be heard and disposed of by the
commission. Referees are to have the powers and jurisdiction granted under
the lav/ and by the rules of the commission, and must report separately on
facts found and conclusions of law within 15 days after the testimony is closed *,
or they may be required to hold hearings and make return of testimony only.
Hearings are to be had in accordance with the rules adopted by the commis
sion, and are not bound by the common law or statutory rules of evidence and
procedure, but may follow methods best calculated to ascertain the substantial
rights of the parties and carry out justly the spirit and provisions of the act.
Depositions may be procured either within or without the State, witnesses sub
poenaed, oaths administered, etc. The local superior court has power to compel
the attendance of witnesses, the giving of testimony, and the production of
papers, books, accounts and documents. It may also issue orders relative to
contempts at the instance of the commission, ltehearings are provided for on
motion of a party affected by any final order, award, rule, etc., on compliance
with the specified requirements. A verified statement, must be made and served
on all adverse parties, who may file an answer within 10 days thereafter. The
commission may on such rehearing abrogate, change or modify the objectionable
award or order, but unless the application for rehearing is acted upon within
30 days from the date of filing it will be deemed to have been denied, though
an extension may be allowed for good cause shown. Application for rehearing
must be filed within 20 days after the service of the final order or decision,
objected to, and may be based on the grounds that the commission acted with
out or in excess of its powers, that the order or award was procured by fraud,
that the evidence does not justify the findings of fact, that new and material
evidence has been discovered, not with reasonable diligence discoverable by the
120
WORKMEN'S COMPENSATION LAWS— UNITED STATES
applicant at the time of the hearing, or that the findings of fact do not support
the order, decision or award.]
S k c s . 67, 68 (3917, ch. 586). Appeals to court.— [Within 30 days after denial
of rehearing or a rendition of the decision on a rehearing a party affected may
appeal to the appellate or supreme court of the State for a writ of certiorari
or review to secure a determination of the lawfulness of the original decision
or award. Such review is limited to a determination of whether or not the
commission acted in excess of its powers, whether the order or award was
secured by fraud, was unreasonable, or whether findings of fact made support
the order, decision, or award under review. Findings and conclusions of the
commission on questions of fact are not subject to review.
The filing of an application for rehearing stays proceedings, unless other
wise ordered by the commission, for a period of 10 days, and further stay or
suspension may be allowed duriug the pendency of the rehearing: but the filing
of an application for a writ of review, or the pendency of such writ does not
of itself stay or suspend the operation of the law. though such suspension may
be allowed in the discretion of the court on terms prescribed by it. However,
a written undertaking must be executed by the iietitioner, with sureties, to
secure the payment of the award, order, or judgment or such part thereof as
is affirmed, with all damages- and costs. The provisions of the Code of Civil
Procedure not inconsistent with this act are applicable to this undertaking.}
Skc. 09 (1917, ch. 586). (Jomtruciion of act.— (a) Whenever this act, or any
pan or section thereof, is interpreted by a court, it shall be liberally construed
by such court with the purpose of extending the benefits of the act for the
protection of persons injured in the course of their employment.
( h) If any section, subsection, subdivision, sentence, clause, or phrase of this
act is for any reasou held to be unconstitutional, such decision shall not affect
the validity of the remaining portions of this act. The legislature hereby de
clares that it would have passed this act, and each section, subsection, subdi
vision, sentence, clause, or phrase thereof, irrespective of the fact that any one
or more sections, subsections, subdivisions, sentences, clauses, or phrases is
declared - unconstitutional.
(a)
This act shall not be construed to apply to employers or employments
which, according to law. are so engaged in interstate commerce as wot 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 permitted to apply
under the provisions of the Constitution of the United States or the acts of
Congress.
Skc. 70 (1917, ch. 586). Excluded employments.— [Employers of employees
not entitled to compensation under this act may, by joint election, come within
Its provisions. Such election is made by the employer by writing filed with
the commission, valid for one year and for succeeding years unless withdrawn
at least 60 days prior to the termination of any year. Election by the employees
of an electing employer is presumed in the ahseuce of written notice to the
employer to the contrary.
The State and its subdivisions and institutions are conclusively presumed to
have elected to come wirbin the provisions of the net as to all employments
otherwise excluded therefrom. J
S kc . 88 (1913, ch. 176). Reports.— [The commission is required to m ake
annual reports of its operations, with such recommendations as it may deem
of value, the report to be printed and furnished to applicants within the State.]
COLORADO
ACTS OF 1915
C hapter
180.—Industrial commission
Section 5. Commission created.—There la hereby created a board which shail
be known as the “ Industrial Coin mission of Colorado/' Within 30 days after
the passage of this act the governor, by and with the consent. o€ 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 ex pi ra
tion of each appointment the governor shall appoint meml>ers of the commis
sion, 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 samo
political party. Not more than one of the appoint?'1* to such commission -i, ni
be a person who, on account of ills piovioux tuCflUuii, ejii(ilo,»iuoiii. or Hii-n-itions, can be classed as a representative of employers, and not more than one
of such appointees shail be a person who, on account of his previous vocation,
employment, or affiliations, can he classed as a representative of eniplo\oes.
Each member of the commission, before entering upon the duties of ills
office, shall take the oath prescrib'd ;>y ihe constitution, and shall give Rond
and sufficient bond running to the pcopie of ihe Stare of Colorado, in ?he
penal sum of $10,000. conditioned that he shall faithfully discharge the d^k-s
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 he stoned »»y
a surety company only authorized to do business in this State or !> y iw> or
more individuals as surety or suteties' and shall ije suujcc*. «:o approval :>y
the {.governor and shall then be filed wi*h *in* secretary of slate. If surely
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 tilled. Each member
of the commission shall receive an annual salary of not to exceed $4,(tf>0 a?vi
actual expen.^s necessarily incurred In tr-- performance o’ isis duties. whu:ii
shall be in full for all services performed. The commissioners shall :.:»vo?e
their entire time to the duties of their office.
A majority of said commissioners shall constitute a quorum to trausnct
business and for the exercise of any of the powers or authority conferred
by this act.
ACTS OF 19.19
C hapter
210.—Compensation of workmen for injury
S ection 1. Title.—This act shall be known and may be cited as
Workmen’s
Compensation Act of Colorado/'
Sec. 2. Administration.—The industrial commission of Colorado, created by
the act of the General Assembly of Colorado, shall enforce and administer the
provisions 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.
Sec. 3. Definitions.—The terra “ commission ” when used in this act shall
mean the industrial commission of Colorado.
Sec. 4. Number mid vender.—Unless the context otherwise requires, a word
used in this act in the singular number shall also include the plural; and the
masculine gender shall include feminine and neuter.
Sec. 5. Order.—The term “ order” shall mean and include any decision,
finding and award, classification, rate, rule, regulation, direction, requirement
or standard of the commission, or any other determination arrived at or
decision made by such commission.
121
122
WOBKAIKn ’ s COMPENSATION LAWS— UNITED STATES
Sec. C. Place of employment.—The term ••place of employment ’* shall mean
and include every 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 business is carried on, or
where any person is directly or indirectly employed by another tor direct or
indirect gain or profit, except as otherwise expressly provided in this act.
Sec.7. Employment.—The term “ employment” shall mean and include any
trade, occupation, job, or position, or process of manufacture, or a»y method of
carrying on any such trade, occupation, job. or position, or process of manu
facture in which any person may be engaged, except as otherwise expressly
provided in this act.
Sec. 8. Employer.—The term “ employer” shall mean and include:
(a) 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 employers shall be at all times
subject to the compensation provisions of this act.
(h)
Every person, association of persons, firm and private corporation (in
cluding any public service corporation), personal representative, assignee,
trustee, or receiver, who has four or more persons engaged in rhe same business
or employment (except as otherwise expressly provided in this act), in service
under any contract of hire, express or implied, and who, at or prior to the
time of the accident to the employee for which compensation 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.
(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.
Sec. 9 (as amended .1928, ch. 202). Employee.—The term 1employee " shall
mean and include:
(a) 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 district therein, or of any public institu
tion or administrative board thereof: except all officers and enlisted men of the
National Guard of the Stale of Colorado. Policemen and firemen shall be
deemed employee*;, within the meaning of this paragraph: Provided, That any
policeman or fireman, or if killed, any dependent, claiming compensation 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 State or municipality may contribute, except,
however, that in case such injury shall result in a permanent disability, includ
ing a loss, or loss of use, or partial loss of use of any member or members as
set forth in section 73 of this act, the compensation therefor shall be paid said
injured employee without deduction on account of any payment from such
pension or benefit fund.
(b) Every person in the service of any other person, association of persons,
firm, private corporations, including any public service corporation, personal
representative, assignee, trustee, or receiver, under any contract of hire, express
or implied, including aliens and also including minors, 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 excluded from this act or whose employment is but casual and not
in the usual course of trade, business, profession, or occupation of his employer.
Sec. 10. Interstate commerce.—The provisions of this act shall not apply to
common carriers engaged in interstate commerce nor to their employees.
Sec. 11. Loaned employees.—Where an employer, who has accepted the provi
sions of this act and has complied therewith, shall loan the service of any of
his employees who have accepted the provisions of this act, to any third person,
TKXT OF LAWS— COLORADO
123
he shall he liable for any comi>enKution thereafter for any injuries or death of
tsaid employee as in this act provided, unless it shall appear from the evidence
in said ease that said loaning constitutes a new contract of hire, express or
implied, between the employee whose services were loaned and the person to
whom he was loaned.
S ecs . 12, 18 (as amended 1923, ch. 201). 14. Abrogation of defenses.— [In
suits for damages for personal injuries to employees the defenses of assump
tion of risks and fellow service are abrogated, also that there was Jack of
ordinary care on the part of the injured employee if such want of care was
not willful. Employers accepting the provisions of this act are not subject
to the foregoing provision, nor to a n y other liability whatsoever for injuries
or death of employees other than as herein provided. If an accepting em
ployer is sued by an employee who rejects the provisions of this act he may
plead the common law defenses unaffected by this and other statutes.]
S ec . 15. Application of act.—The right to the compensation provided for in
this act, in lieu of any other liability whatsoever, to any and all persons whom
soever, for any personal injury accidentally sustained or death resulting there
from, on and after August 1. 1915, shall obtain in all eases 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 employe]* 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 intentionally selfinflicted.
S ec. 16 (as amended 1923, ch. 201). Election presumed.-—Every employer of
four or more employees (not including private domestic servants and farm
and ranch laborers), engaged in a common employment, shall be conclusively
presumed to have accepted the provisions of this act, unless, prior to the
date such employer becomes the employer of four or more persons, he shall
have filed with the commission a notice in writing to the effect that he elects
not to accept the provisions of this act or unless said employer has rejected
the provisions of the workmen’s compensation act of Colorado in conformity
with the provisions of said act as heretofore existing.
S ec. 17 (as amended 1923, ch. 201). Voluntary election.— [Any employer, re
gardless of number of employees or of occupation, may come under the act by
insuring his liability thereunder as herein provided
Withdrawal may be
effected by notice given June 1, effective August 1 of any year, conspicuously
posted; an employer so withdrawing may at any time elect to come under the
act by filing notice or by insuring.]
S ec . 18 (as amended 1923, ch. 201). Employees' acceptance.— [Employees
of employers accepting the act are presumed to have accepted it, in the absence
of written notice to the employer and the commission.]
S ec . 19. Suits barred.— [Acceptance of the act is a waiver by both parties
of any other remedy or action at law, and is binding on personal representa
tives, next of kin, and those conducting an employer’s business in case of
bankruptcy or insolvency.]
S ec. 20. Notice of nonelection.— [Employers not coming under the act must
give notice thereof by conspicuously posting notices to that effect and give
similar notice of any change. J
S ecs . 21, 22 (as amended 1923, ch. 201), 23-26, 27 (as amended 1923, ch. 201),
28. Insurance.— [Employers accepting the act must secure the payment of
compensation by Insuring in the State fund, in an authorized stock or mutual
corporation, or by procuring a self-insurance permit from the commission. The
State and its subdivisions and agencies must insure in the State fund. In
surance contracts are subject to the provisions of this act, and inconsistent pro
visions are void. Forms of policies must be approved by the industrial com
mission of the State, which shall prescribe a standard or universal form as
nearly as possible for all contracts, indorsements, riders, etc. Companies must
file classifications of risks and premiums relative thereto, which are not effective
until approved. Such approval may be withdrawn at any time. Bebating and
the cutting of rates are forbidden.
1965°—20------9
124
WORKMEN'S COMPENSATION LAWS— UNITED STATES
Policies and contracts of insurance must provide that the company is di
rectly and primarily liable to the employee or his dependents, and that no
tice or knowledge on the part of the employer is notice to the insurance com
pany, which is bound by and subject to all orders, findings, or awards rendered
against the employer under the provisions of the act. Legal incapacity or in
solvency or bankruptcy of the employer shall not relieve the insurance carrier.
If an employer is not Insured, or has allowed his insurance to terminate, the
employee or his dependents may claim compensation under the act, the bene
fits to be increased 50 per cent. When compensation is awarded, the employer
shall be required to pay to a designated trustee the present value of all unpaid
benefits computed at the rate of 4 per cent per annum, or file a bond with
sureties guaranteeing the payment of the benefits awarded. In default of these,
a certified copy of t be award may be filed with the clerk of the district court of
any county in llie State, and when recorded shall have the effect of a judgment
on which execution may be issued.
Insurance carriers operating under the act may apply to the commission for
permission to examine books, pay rolls or other documents of employers in
sured by such carrier, or of contractors and others covered by the insurance, to
disopver the amount of wage expenditure of such insured persons.]
S ec . 29. Self-insurance.— [The right to self-insurance may be granted under
rules, regulations, and conditions prescribed by the commission, subject to re
vocation at any time.]
S ecs . 80-33. Notices and reports.— [Employers are required to keep a record
of all injuries to their employees and report the same to the commission within
10 days on prescribed forms. Employees must notify employers of injuries
received within 2 days if physically and mentally able to do so, unless the
employer or his representative has actual notice of the injury. Failure for
feits one day’s compensation for each day's delay, but if anyone reports the
accident for the employee within the time specified, he is relieved from re
porting the accident.
Employers must furnish all information required by the commission, which
shall be for its confidential use unless otherwise ordered, and shall not be
open to the public nor used in auy legal proceeding unless the commission is
a party thereto. The commission may require information requested by it to
be verified under oath.]
JSkcs. 34-40. General powers.— [The commission has general powers with re
gard to safety inspection, the collection of statistics, the examination of books
and pay rolls, and the enforcement of orders and subpoenas through the agency
of the district court. Order* are valid and prlma fade reasonable until found
otherwise in an action brought for the purpose, and shall not be declared
inoperative on technical grounds. Rules and regulations may be adopted with
regard to employers, employees and insurance carriers, effective within 10 days
after adoption and posting. The commission may employ deputies, experts,
actuaries, clerks, and other employees needed to (tarry out the provisions of
the act or for the performance of its duties, and may conduct any number of
investigations through agents and referees delegated to such work, who shall
have power to subpoena and swear witnesses and take all testimony necessary.
Officers and employees of the State and its subdivisions are required to enforce
in their respective departments all lawful orders of the commission applicable
and consistent with their general duties, also to make reports, furnish statistics
and other data relative to the purposes of the act and the duties of the com
mission.]
S ec . 47. Computation, of wages.— T h e average w eekly w age o f the in ju red
em ployee sh all be taken a s the basis upon which to com pute benefits and shall
be determ ined as f o llo w s :
(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 foi^ce 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 furnished 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, lodg ng,
or any other similar advantages received from the employer, the reasonable
value of which shall be fixed and determined from the facts by the commission
in each particular case.
TEXT OF LAWS— COLORADO
125
(&) 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 20, and the result thus ascertained shall be considered 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 reason of the nature
of the employment or the fact that the injured employee 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 himself, 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 commis
sion, based upon the facts presented, fairly determine such employee's average
weekly wage.
(d) Where an employee is a minor the average weekly wage of such minor
shall be determined by this commission on the basis of the earnings that such
minor, if not disabled or killed would probably have earned during the period
for which compensation is granted.
Sex;. 48. Second injuries.—The fact that an employee has suffered a previous
disability or received compensation therefor, shall not preclude compensation
for a 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 reason*
ably 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 ec. 49. Contractors and lessees.— [Persons, companies, and corporations leas
ing or contracting part or all their work are classed as employers of the con
tractors, subcontractors, lessees and their employees, all of whom are to be
classed as employees under the act. Such employers are entitled to recover
the cost of insurance from the lessees, contractors, subcontractors, etc., and
may deduct the same from the contract price, royalties, or other money due.
But if the contractor, subcontractor, lessee, or sublessee is himself an employer
within the terms of this act and has insured his liability thereunder, tlio
person, company or corporation is not subject to the provisions of this section.)
S e c . 50. Oumet s of real property.— [This section applies the same provisions
as above to owners of real property or improvements thereon contracting work
to a contractor or a subcontractor who hires four or more workmen, including
himself, in the peformance of such contract.]
S kc. 51. Medical, surgical, and hospital aid.—Every employer regardless of his
method of insurance shall furnish such medical, surgical, nursing and hospital
treatment, medical hospital and surgical supplies, crutches and apparatus,
as may reasonably be needed at the time of the injury and thereafter during
the disability, but not exceeding 60 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
injure his liability for the medical, surgical, and hospital expenses herein pro
vided for, unless permission is given by the industrial commission to such
employer to operate under a medical plan as hereinafter set forth.
Every plan which is iu 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
pa it 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:
Prmnded, 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 re
quired.
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.
126
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COMPENSATION LAWS— UNITED STATES
Skc. 52. Dependents.— For the purposes of this act the following described
persons shall be conclusively presumed to be wholly dependent:
(a) 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 depend
ent in whole or in part on him for support.
(b) Minor children of the deceased under the age of 18 years. The term
“ minor child” shall include posthumous children or a child legally adopted
prior to the injury.
S ec . 53 (as amended 1923, ch. 201). Degree of dependency.—Children 18 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 or brother 18 years of age or over, a husband, father, or grandfather, 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: Pro
vided, however, If said incapacity or disability is temporary only, compensation
shall be paid only during the period of such temporary incapacity or dis
ability.
Sec. 54 (as amended 1923, ch. 200). Benefits for death.— In case of death,
the dependents of deceased entitled thereto shall receive as compensation
or death benefits 50 per cent of the deceased employee’s average weekly wages
not to exceed a maximum of $12 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 tho employee prior to his
death as compensation for his disability as in this act provided.
S ec . 55. Remarriage.—In the case of remarriage of the husband or wife of
a deceased employee without children he or she shall receive at the time of
marriage, a lump sum settlement without commutation equal to one-half of
the amount of compensation then remaining unpaid: Provided, however, 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 preceding 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.
Sf.c. 50. Partial dependents.—Partial dependents shall be entitled to receive
only that portion of the benefits provided for those wholly dependent which
the 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 dependents in each particular
case. Where there are persons both wholly dependent, and partially depend
ent, only those wholly dependent shall be entitled to compensation.
Sec. 57 (as amended 1923, ch. 201). Dependency; payments.—The question
as to who constitute dependents and the extent of their dependency shall be
determined as of the date of the accident to the injured employee and the
right to death benefits shall become fixed as of said date irrespective of any
subsequent change in conditions, and such death benefits shall be directly
payable to the dependent or dependents entitled thereto or to such i>erson
legally entitled thereto as the commission may designate.
In case of the death of an employee or claimant entitled to compensation
leaving dependents, any accrued and unpaid portion of the compensation or
benefits up to the time of the death of such employee or claimant shall be
paid to such dependents as may be ordered by the commission and not to the
legal representative as such of said decedent. In case said injured employee
or claimant leaves no dependents the commission may order the application
of any accrued and unpaid benefits up to the time of the death of such em
TEXT OP LAWS— COLORADO
127
ployee or claimant paid upon the expenses of the last sickness or funeral of
such decedent as may be ordered by the commission, the preference in such
payment to be to funeral expenses. In case an injured employee or dependent
of a deceased employee entitled to benefits hereunder is declared incompetent
or insane, any benefits accrued or to accrue may be paid to the conservator
of his estate, if any, or to his dependents, if any, or to the party or institu
tion having custody of the person of such injured employee or dependent of a
deceased employee as may be ordered by the commission in its discretion.
Sko. 58 (as amended 1923. ch. 201). Lapse of benefits.—Death benefits shall
terminate upon the happening of any of the following contingencies and shall
thereupon survive to the remainiug dependents, if any, to w it:
(a) Upon marriage.
(b) Upon the death of any dependent.
(*?) When a son or brother of the deceased reaches the age of 18 years,
except as otherwise provided in section 53 hereof.
S ec . 59 (as amended 1923, ch. 200). Funeral expenses, etc.—When as a
proximate result or an accident death occurs to an injured employee, there
shall be paid in one lump sum within 30 days after his death the sum of $125
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 compensa
tion shall be limited to said sum, and the compensation, if any, which lias
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.
Sec. 60. Rights.—No dependent of an injured employee shall be deemed, dur
ing the life of the employee, a party in interest to any proceeding by him for
the enforcement of any claim for compensation nor as respects any settlement
thereof by said employee.
Sec. 01. Illegitimate children.—Illegitimate minor children of deceased puta
tive father shall be entitled to compensation in the same respect as a legiti
mate minor 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. Death after two years.—In case death occurs more than two years
after the date of receiving of any injury such death shall be prima facte
presumed not to be due to such injury.
Sec. 03 (as amended 1923, ch. 200). Death within two years.—In case death
proximately results from the injury within a period of two years, the benefits
shall be in the amounts and to the persons following:
(a)
If there be no dependents compensation shall be limited to the expenses
provided for medical, hospital, and funeral of deceased, together with such
sums as may have accrued or been paid to deceased during his lifetime for
disability.
(&) If there are wholly dependent persons at the time of death the pay
ment shall be 50 per cent of the average weekly wages, subject to the limita
tions of this act as to maximum and minimum weekly amount, and to continue
lor 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 maxi
mum of $3,750, less the sums, if any, paid to deceased during his lifetime.
(c) 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 commissio.n to be paid to such partial dependent or partial dependents.
Seo. 64 (as amended 1923, ch. 200). Death from other cause.—If death
occurs to an injured employee other than as a proximate 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 disability, the
death benefit shall consist of the unpaid and unaccrued portion of the perma
nent total disability benefit which the employee would have received had he
lived until he had received the sum of $3,750.
128
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COMPENSATION LAWS— UNITED STATES
(b)
Where the accident proximately caused permanent partial 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.
Sec. 05 (as amended 1923, ch. 200). Same.—If death occurs to an injured
employee other than as proximate result of the accident before disability in
demnity ceases, and the deceased leaves a person or persons partially de
pendent upon him for support, death benefits shall be as follows:
(</) Where the accident proximately caused permanent total disability, 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 $3,750 as the
amount devoted by the deceased for 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.
(b)
Where the accident caused permanent partial disability the death
benefit shall consist of that proportion of the unpaid and unaccrued portion
of the permanent partial disability benefit which the employee would have re
ceived 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.
Sec. 60 (as amended 1928. ch. 201). Nonresident aliens.— [Payments to non
resident dependents are to be one-fourth the amounts provided in the act.
They may he made directly, or, at the direction of the commission, to a duly
accredited consul, vice consul or consular agent.]
S ec . 67. Mode of payment.—Death benefits shall be paid to such one or more
of the dependents of the decedent for the benefit of all the dependents entitled
to such compensation as may be determined by the commission who may appor
tion 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 respective claims upon the decedent for support in compliance with the
finding and direction of the commission.
S ec . 68. Minor children.— In all cases o f death w here the dependents are one
or m ore m inor children, it sh all be sufficient fo r the w idow or a friend to muke
application and claim on b eh alf o f said m inor children. T he com m ission, fo r
the purpose o f protecting the righ ts and in terests o f any dependent w hom it
m a y deem incapable o f fu lly protecting h is or her ow n interewrs. m a y provide
fo r the m anner and method o f safegu ard in g the paym ents due such dependent
or dependents in such m anner a s it m ay see fit.
S ec . 69. Payment as discharge.—Payment of death benefits o one <>r more
dependents shall protect and discharge to that extent all compensation under
this act, unless and until any other person claiming to be a dependent shall
have given the commission notice of bis 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 respective 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 ec . 70 (a s amended 1923, ch. 200). Disability benefits.—If the accident
causes disability, a disability indemnity shall 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
limitations:
( 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 indem
nity whatever shall be recoverable except the disbursement 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 indem
nity shall be recoverable for the first 10 days of disability.
S ec . 71 (as amended 1923, ch. 200). Temporary disability.—In case of tem
porary disability of more than 10 days* duration, the employee shall receive 50
129
TEXT OP LAWS— COLORADO
per cent of liia average weekly wages so long as such disability Is total not to
exceed a maximum of $12 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 (as amended 1923, ch. 200). Temporary partial disability.—In case
of injury resulting in temporary partial disability, the employee shall receive 50
per cent of the impairment of his earning capacity during the continuance
thereof, not to exceed the maximum sum of $12 per week, or the aggregate sum
of $1,560.
S ec. 73 (as amended 1923, ch. 201). Schedule.—In case an injury results in a
loss set forth in the following schedule the injured employee shall, in addition
to compensation to be paid for temporary disability receive compensation for
the period as specified, to wit:
Weeks
The loss of an arm between elbow and shoulder_____________ 208
The loss of forearm between wrist and elbow________________ :!39
The loss of a hand_________________________________________101
The loss of a thumb and the metacarpal bone thereof_______ 50
The loss of a thumb at the proximal joint___________________ 35
The loss of a thumb at the second or distal joint____________ 38
The loss of an in*?ox finger and the metacarpal bone thereof_2(»
The loss of an im-ex finger at the proximal joint____________ 18
Loss of an index linger at the second joint__________________ 13
Loss of an index linger at the distal joint___________________
9
Loss of a second linger and the metacarpal bone thereof------- 18
Loss of a middle finger at the proximal joint______________ 13
Loss of a middle linger at the second joint__________________
9
Loss of a middle linger at the distal joint___________________
5
Loss of a third or ring finger and the metacarpal bone thereof.. 11
Loss of a ring finger at the proximal joint_________________
7
Loss of a ring finger at the second joint--------------------------7
4
Loss of a ring finger at the distal joint____________________
Loss of a little finger and the metacarpal bone thereof-------- 13
Loss of a little finger at the proximal joint_________________
9
Loss of the little finger at the second joint---------------------------9
Loss of a little finger at the distal joint-----------------------------4
Loss of a leg at the hip joint or so near thereto as to preclude
the use of an artificial limb______________________________ 208
Loss of a leg at or above the knee, where the stump remains
sufficient to permit the use of an artificial limb----------------- 139
The loss of a foot at the ankle---------------------------------------- 104
The loss of a great toe with the metatarsal bone thereof-------- 20
The loss of a great toe at the proximal joint------------------------ 18
The loss of a great toe at the second or distal joint-------9
The loss of any other toe with the metatarsal bone thereof----- 11
The loss of any other toe at the proximal joint---------------------4
The loss of any other toe at the second or distal joint----------4
The loss of an eye by enucleation (including disfigurement re
sulting therefrom)______________________________________ 139
Total blindness of one eye------------------------------------------------ 104
Total deafness of both ears---------------------------------------------- 139
Total deafness of one ear---------------------------------------------------- 35
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
(a) The commission shall determine the time when temporary disability
terminates as to injuries coming under any provision of this section.
( 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 mentioned in
this schedule (except amputation between the knee and the hip-joint) the
resulting loss shall be estimated as if the amputation had been made at the
joint nearest thereto. In case of the amputation of any portion of the bone
of the distal joint of any finger, thumb, or toe the amount paid therefor shall
be the amount allowed for amputation at said distal joint.
130
W O H K M E N 's COMPENSATION LAWS— UNITED STATES
(<l) The amounts specified in this section are all subject to the limitation!!
us to weekly maximum and minimum benefits provided herein, for injuries
causing temporary total disability.
(e)
When an injured employee .sustains two or more injuries coming under
this schedule, the disabilities specified herein shall be added and the injured
employee shall receive the sum total thereof: Provided. That whore the injury
results in the loss or partial loss of use of the index linger and thumb and
of the same hand or of more than two digits of any one hand or foot, the
disability may, in the discretion of the commission, be compensated on the
basis of the partial loss of use of said hand or foot measured respectively from
the wrist or ankle.
if) Where an injury causes tho loss of use or partial loss of use of any
member or members specified in the foregoing schedule, the commission 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 and such amount, shall bo in addition to compensation for temporary
disability, 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.
Sisc. 74. Injury to teeth.—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, bo entitled with the
prior approval and consent of the commission to receive such dental treatment
and services as may reasonably be necessary to repair and alleviate the effects
of the injury, not: to exceed .$100 in value.
Sec. 75. Disfigurement
any employee is seriously permanently dis
figured 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.
Seo. 70. Second injuries.—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 employment, 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.
If the employee previously lost the vision of one eye and loses a hand, arm,
foot, or leg, he shall be compensated by receiving the schedule 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 i>ei* cent.
If the employee has previously lost the right arm and loses tho left hand or
arm, or vice versa, he shall receive twice the number of scheduled 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 num
ber 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 log 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 employe 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 soction is subject to the maximum and mini
mum weekly amounts herein specified for accidents causing temporary total
disability.
Sec. 77 (as amended* 1923, ch. 201). Permanent total disability.—In cases of
permanent total disability, the award shall be 50 per cent of the average
weekly wages of the injured employee and shall continue until death of such
person so totally disabled but not in excess of the weekly maximum and not
TEXT OF U W S ---- COLORADO
131
less than the weekly minimum benefits 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, by injury in or resulting from the same accident, shall prima
facie constitute total and permanent 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 disa
bilities set out in this paragraph shall not constitute total disability during the
continuance of the commission’s approval of paid employment but such partial
disability as may be determined by the commission after a finding of the facts.
Sec. 78 (as amended 1023, ch. 200). Injuries not scheduled — Where an acci
dent causes injury resulting in permanent partial disability (except the sus
taining 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
compensation theretofore allowed. In determining permanent partial disability
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 blit the mental training, ability, former
employment, and education of the injured employee. The commission shall
then determine the injured employee’s expectancy of life from recognized expec
tancy 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 .$3,120. Said
sum to be paid at a weekly rate not more than the maximum nor less than the
minimum herein si>ecified for injuries causing total disability.
Sec. 79. Multiple injuries.—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 in said schedule,
compensation for temporary total disability as long as said disability may be
found to exist as a result of said other injuries.
Sec. 80 (as amended 1923, ch. 201). Hernia.—An employee in order to be
entitled to compensation for hernia must clearly prove: First, that its appear*
ance was accompanied by pain; second, that it was immediately preceded by
some accidental strain suffered in the course of the employment. If an em
ployee, after establishing his right to compensation for hernia as above pro*.
vided, elects to be and is operated therefor within a reasonable time as lixed
by the commission, he shall be entitled to medical, surgical, nursing and hos
pital treatment and supplies and apparatus as in this act provided irrespec
tive of the time limit therefor fixed. In case the employee does not ele**t to
be so operated and the hernia becomes strangulated after the date fixed by the
commission for said operation the results from said strangulation will not
be compensated.
Sec. 81. Medical examinations.—Whenever, in case of injury, the right to
compensation under this act would exist in favor of an employee, he shall upon
the written request of his employer, or the insurer carrying such risk, 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 em
ployee 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 compensation
shall be suspended; and if he shall refuse to submit to such examination,
132
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COMPENSATION LAWS— UNITED STATES
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 commission when it shall so direct. A
physician will not be required, however, to disclose confidential communica
tions imparted to him for the purpose of treatment and which are unnecessary
to a proper understanding 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 permission 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 non
medical treatment recognized by the laws of this State as legal, the practi
tioner administering such treatment to receive such fees therefor under :he
medical provisions of this act as may be fixed by the commission.
Sec. 82 (as amended 1023, ch. 200). Lump sums.—At any time after <ix
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 re
view. 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, consider
ing interest at 4 per cent per annum, and less deductions for the contingencies
of death and remarriage.
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 $3,750.
S ec . 83. Willful acts.—The compensation provided for herein shall be re
duced 50 per cent:
(a) Where injury is caused by the willful failure of the employee to ise
safety devices provided by the employer.
(b) Where iujury results from the employee’s willful failure o obey *tny
reasonable rule adopted by the employer for the safety of the employee.
(c) Where injury results from the intoxication of the employee.
Sec. 84 (as amended 1923, ch. 201). Notice.— [Compensable injuries must be
liotified to the commission by the employer within ten days, or in case of death
immediately. If not given by the employer, notice may be given by another
person. Notices required to be given by employees may be given by another
and will be valid unless specifically disclaimed or objected to by the claimant
in writing within a reasonable time. On receipt of a notice from a claimant
the commission must immediately mail a copy to the employer, his agent or
insurance carrier.
Bight to compensation is barred unless claim is filed within six months after
an injury, or one year in case of death; this does not apply to any claimant
to whom compensation has been paid.]
Sec. 85 (as amended 1923, ch. 201). Disabilities not due to accident.—Any
disability beginning more than five years after the date of accident shall be
conclusively presumed not to be due to the accident.
Sec. 86. Assignments, etc.—(Haims 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, purporting to
authorize any other person to receive, be paid, or receipt for any compensa
TEXT OB' LAWS— COLOBADO
133
tion benefits awarded any such claimant shall be wholly void, illegal, and of
no force and effect.
S ec . 87. Injuries due to. third parties.— [In case of injuries by the negli
gence or wrong of a third party the claimant must elect in writing whether to
take compensation or sue. Taking compensation effects an assignment of the
right of action, and the person liable for the payment of compensation is subro
gated to the rights of the injured worker, or his dependents in case of death,
but not in excess of the amount of compensation for which such assignee is
actually liable. If the employee or his dependents sue, the insurance carrier is
liable only for the deficiency, if any, between the amount so recovered and the
compensation herein provided. A compromise may be made by the injured per
son only with the written approval of the party liable for compensation.]
Skc. 88 (as amended 1923, ch. 201). Preference.— [Compensation claims
and awards have the same preference, without limit, as is allowed wage debts.
Payments made on the date fixed by the commission bear interest at 8 per cent
unless relieved on satisfactory showing.]
Sec. 89. Failure to insure.—Any employer subject to the terms and provi
sions of this act 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 employer from continuing his
business operations during any such default.
Sec. 90. Attorneys’ fees.—Unless previously authorized by the commission,
no lien shall be allowed nor any contract be enforceable for any attorneys’
fees, contingent or otherwise, for services rendered for the enforcement or
collection of any claim for compensation or other proceedings under the work
men’s compensation act, and then only as provided by rules of the commission.
Sec. 91. Trust fund.—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
iu 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 tho
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
commission 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 tho
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 .ward, for which payment is made, to
the extent of the payment made, and the payment of the award shall then bo
assumed to the extent of payment 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 surviviug or accruing to any other beneficiary remains in said trust fund
of the amount ordered paid into it on behalf of the 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, 93-98 (as amended 1923, ch. 203), 99 (as amended 1923, ch 201),
100, 101 (as amended 1923, ch. 201), 102-121. Procedure.— [The employer or
his insurer is required to notify the commission and the injured employee or
his dependents, in case of his death, within 15 days after the injury, whether
he admits or contests the liability. If he admits it, he shall also specify
amounts and beneficiaries, and payments thereon shall be made at once. On a
proper showing an extension of time, not exceeding 10 days at any one time,
may be allowed. Hearings may be had, but shall not interfere with the con
tinuance of payments according to admitted liability; no settlement or receipt
134
w o r k m e n ’s
c o m p e n s a t io n
l a w s — u n it e d
statu s
is final unless in accordance with the act and rules of the commission, nor
until approved by the commission. Hearings may be had by the commission
on its own motion or on the application of either party. Notice must be given,
and the parties may be present either in person or by attorney or other agent.
The commission may receive, besides the testimony, the reports of physicians,
employers, its own investigators, and the records of hospitals. The hearing
may be either by the commission, a referee, or a commissioner designated for
the purpose. Iteferee.4 have power to conduct hearings, issue subpoenas, and to
make summary orders as to claims without making specific findings of fact.
Such order is final unless reviewed on petition filed. Oases may be referred to
any district or county judge or other person as special referee for the taking
of evidence, the same to be reduced to writing and certified to the commission
for its use. Recourse may also be had to the commission or other agency
administering the compensation law of another State, after notice to the
party in interest.
If any party is dissatisfied with the order of the referee he may petition
for a review, whereupon the referee may reopen the case and amend or
modify the order or refer the entire case to the commission. The order as
amended is final, or the commission’s approval of an unamended order, in the
absence of a petition to review. Such petition must be filed in 10 days unless
further time is granted. Proceedings to set aside, vacate, or amend an order or
to enjoin its enforcement may not. be brought unless a petition for review be
first presented. Such action must be commenced within 20 days after the
final finding on review. Any prison in interest, including the State insurance
fund, if dissatisfied with such final finding or award may commence an action
in the district court for modification or vacation of the same. Such actions
have precedence over civil causes of a different nature pending in the court.
The time and method for filing documents, making returns, and presenting
issues are prescribed. The coutt may affirm or set aside the award or order,
but only if it appears that the commission acted without or in excess of its
power, that the finding or award was procured by fraud, or that the findings
of fact by the commission did riot support it. Speedy action is provided for,
trial to be to the court without a jury and upon the record of the commission.
If an order is set aside the question may be remanded to the commission for
further hearings or proceedings, or the court may direct a proper award to
bi‘ entered. Appeal may be taken to the supreme court for summary review on
questions of law. No fee shall be charged by the clerk of any court for serv
ices required by this act, and costs shall be allowed or not in the discretion
of the court: but no costs shall be taxed against the commission.
The commission may on its own motion, on the ground of error, mistake or
change in conditions, after notice of hearing to the parties interested, review
any award and end, maintain or modify it for reasons set forth in its findings;
past payments are not affected by such a review.
The commission and its agents and referees have general powers as to the
issue of subpoenas, the attendance of witnesses, production of books, papers
and records, and to administer oaths. Depositions may be taken of witnesses
residing within or without the State, and a full and complete record of all
proceedings shall be kept.
Violations of provisions of the act or failure or refusal to perform duties
lawfully enjoined are punishable, each day constituting a separate offense.
The making of faise statements under oath is perjury, and a claimant convicted
of such offense forfeits all right to compensation under the act.]
Si:<\ 322. Stale fund.—There is hereby established a fund, to be known as
the State compensation insurance fund, for the benefit of injured and the de
pendents of killed employees, which shall be administered in accordance with
the following provisions, without liability on the part of the State, beyond the
amount of said fund, constituted as provided in this act.
Six*. 123. Power of commission.—The commission is hereby vested with full
power, authority, and jurisdiction over the State compensation insurance fund,
and may do and perform any and all things, whether herein specifically de
signated or in addition thereto, which are necessary or convenient in the
exercise of any power, authority, or jurisdiction over said fund in the adminis
tration 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, how
ever, to all the provisions of this act.
Se-o. 124. Same.—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
TEXT OF LAWS— COLORADO
135
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 ad
ministration, 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 com
pensation 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 capacity 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 con
nection with the administration, management, or conduct of the State compesation insurance fund, its business, or other affairs relating thereto.
(c)
Contract with physicians, surgeons, and hospitals for medical and sur
gical 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 contracting of such extra medical, surgical, hospital, and
nursing services and supplies might tend to reduce the period of disability for
which said fund would be liable for the payment and compensation.
S ec . 125 (as amended 1928, ch. 201). Fund to be continuing.—The State
compensation insurance fund shall be a continuing fund and shall consist of
all premiums received and paid into said fund for compensation insurance, all
properly and securities acquired by and through the use of moneys belonging
to said fund and all interest earned upon moneys belonging to said fund and
deposited or invested as herein provided. Said fund shall be applicable to the
payment of losses sustained or liabilities incurred under the contracts or
policies of insurance issued by said State compensation insurance fund in
accordance with the provisions of this act.
Sec. 120. Classifications.—The commission shall from time to time classify
the places of employment of employers insured in the State compensation in
surance 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 em
ployers 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, estab
lish mo.’Jts, 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.
Sec. 127. Subclasses.—It shall also be its duty to divide each of such classes
under said classifications 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 employ
ment, with respect to the conditions of said places of employment as regards
the several requirements upon which the rates of premium or risks are based
and determined, as provided in this act.
Sue. 128. Maintenance rates only.—It shall be the duty of the commission, in
the exercise of the powers and discretion conferred upon it by this act, ulti
mately to fix and maintain for each class and subclass of 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 compensation insur
ance fund for the benefit of injured and dependents of killed employees.
Siflc. 129. Basis of rates.— 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 de
pendents who are nonresidents of the United States, nor of whether such em
ployees are married or single, nor the age of any such employees. The rates so
136
W O RK M E N 'S COMPENSATION LAWS— UNITED STATES
made shall be that percentage of the pay roll of any employer which, on the
average, shall produce a sufficient sum:
(а) To carry all claims to maturity; that is to say, the rates shall be based
upon the “ reserve ” and not upon the “ assessment ” plan;
(б) 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 de
pendents of the compensation herein provided.
(<*) In determining the amount of reserve to be laid aside to meet deferred
payments according to awards, such reserve shall be ascertained by finding
the present worth of such deferred payments calculated 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, by such other arid
further methods as will result in the establishment of adequate reserves.
S k c s . 180-186, 187 (as amended 1025, ch. 182), 138-146. General provisions
as to fund.— [Separate accounts are to be kept of the premiums collected and
disbursements made for each of the different classes and subclasses of occupa
tions or industries, also for each employer insured in the State fund; but the
fund for the State and its subdivisions is to be treated as a unit. Rates are
to be so levied as to make the fund neither more nor less than self-supporting.
A surplus is to be maintained, at least 10 per cent of the earned premiums to
be contributed thereto until $500,000 is accumulated. Classifications may be
amended, and no policy shall be in effect until the proper premium has been
actually paid. Earned premiums and losses are to be tabulated semiannually
with adjustments according to the showings made.
Policies in arrears for more than 20 days are subject to cancellation, and if
any disbursements have been made during the 20-day period, the amount so
paid may be collected in a civil action against the employer; but the employer
himself is primarily liable.
Semiannual payments are made by employers insured in the fund on the
basis of the annual pay roil, according to classification, rules, and rates made
by the commission. The same rule applies to the State and its subdivisions
as to private employers. Public ofiicials must cause sufficient funds to be
raised and appropriated to meet the premium expenditures required by the
commission. The keeping of the necessary records by public officials is pre
scribed to be audited and examined by the public examiner of the State at least
annually. Other provisions permit reinsurance for catastrophe hazard, make
the State treasurer custodian of the fund, authorize the investment of such
portions of the fund as are not needed for immediate use, require separate bond
by the treasurer as custodian of the insurance fund, authorize investigation of
the fund by the State insurance commissioner, provide penalties for misrepre
sentation of employers as to pay rolls, direct the preparation and supply of
necesssjry blanks by the commission, and the promulgation of classifications,
rates, and regulations fixed by it ]
CONNECTICUT
GENERAL STATUTES, 1918
C h apter
284.—Compensation of workmen for injuries
P a r t A — E m p l o y e r s * L ia b l l it y
S e c t io n 5339. Abrogation of defenses.—In an action to recover damages for
personal injury sustained by an employee arising out of and in the course of
his employment, or for death resulting from injury so sustained, it shall not
be a defense— (a) that the injured employee was negligent; ( b) that the in
jury was caused by the negligence of a fellow employee; (o) that the injured
employee had assumed the risk of the Injury.
Sec. 5340. Does not apply, when.—The provisions of section 5339 shall not
apply to actions to recover damages for personal injuries sustained by em
ployees of any employer having regularly less than five employees, by casual
employees, or by outworkers; nor shall the same provisions apply to actions
against any employer who shall have accepted part B of this 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 ectio n 5341 (as amended 1919, ch. 142; 1921, ch. 301). Election of compensa
tion.—When any persons in the mutual relation of employer and employee
shall have accepted part B of chapter 284 of the general statutes the employer
shall not be liable to any action for damages on account of personal injury
sustained by an employee arising out of and in the course of his employ alent
or on account of death resulting from injury so sustained; but the employer
shall pay compensation on account of such injury in accordance with the
scale hereinafter provided, except that no compensation shall be paid when
the injury shall have been caused by the willful and serious misconduct of
the injured employee or by his intoxication. If an injury arises out of and
in the course of the employment it shall be no bar to a claim for compensa
tion that it can not be traced to a definite occurrence which can be located in
point of time and place. 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 reason
ably be attributed to the injury. The acceptance of part B of chapter 284
of the general statutes by employers and employees shall be understood to
include the mutual renunciation and waiver of 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 questions affecting compensation and all right of appeal from the
compensation commissioners except as hereinafter established.
Skcs. 5342, 5343 (both as amended 1919, ch. 142). Election.— [Contracts of
employment between employers of five or more employees are conclusively pre
sumed to include an acceptance of the provisions of part B of this chapter in the
absence of written stipulation in the contract or written or printed notice by
either party to the other. Employers of less than five workmen may accept the
provisions of the act by insuring as prescribed in section 5309, and the em
ployees will be presumed to accept in the absence of written notice to the
contrary to the employer and also to the commissioner having jurisdiction.
Change of election may be made in the same manner as original action, notices
to be effective 30 days after service.]
Sec. 5344. 'Nonacceptance.—Every employer not accepting part B shall be
linble to action for damages on account of personal injury to his employees in
accordance with the provisions of part A, and every employee not accepting
part B shall lose all rights and benefits of part A with reference to any em
ployer who continues to accept *part B.
137
138
WORKMEN’s COMPENSATION LAWS— UNITED STATES
Sec. 5845. Contractors.—When any principal employer procures any work to
be done, wholly or in part for him, by a contractor, or through him by a sub
contractor, 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 ils the work were
done without the intervention of such contractor or subcontractor.
Sec. 534(5 (as amended 1021, ch. 306). Liability of third parties.— [Where
a third party is liable for damages for the injury the employee may receive
compensation and also proceed in an action at law against such party; and an
employer may sue to recover an amount paid or awarded. If either party sues
he must notify the other, who may then jioin in the action, which failing, his
right to sue will abate wiihin 30 days. The employer paying or liable to pay
compensation has a prior claim to the extent of such liability on any recovery;
but any excess over such liability and costs goes to the employee. Neither party
can compromise without the assent of the other.
Compensation as here used includes medical, hospital and burial costs.]
Sec. 5347 (as amended 1019, ch. 142; 1921, ch. 306). Notice, medical, etc.,
aid.—Any employee who has sustained an injury in the course of his employ
ment shall forthwith notify his employer, or some person representing him, of
such injury; and on his faiiure to give such notice, the commissioner may reduce
the award of compensation proportionately to any prejudice which he shall
iind the employer has sustained by reason of such failure; but the burden of
proof with respect to such prejudice shall rest upon the wnployer. The em
ployer, as soon as he has knowledge of any such injury, shall provide a com
petent physician or surgeon to attend the injured employee, 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 faiiure of
the employer promptly to provide such physician or surgeon or medical, sur
gical or hospital service, the injured employee may provide such physician or
surgeon or medical, 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 ex
pense. 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 lias
refused to accept and failed to provide such reasonable medical, surgical, or
hospital service, all rights of compensation under the provisions of chapter 284
of the General Statutes 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 communities for similar treatment of injured persons of
a like standard of living wheu such treatment is paid for by the injured per
sons; but the liability of the employer for hospital service shall be the amount
it actually costs the hospital to render the service, said amount to be determined
by the commissioner. 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 medical or surgical aid or hospital service without charge,
such medical or surgical aid or hospital service may be substituted for that
provided for in this section so far as it may answer the requirements of the
I)rovisions of this section, but nothing herein shall excuse the employer in such
cases from giving emergency treatment when required; and any employer de
siring to take advantage of this provision shall ascertain 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 employee has provided such medical care, then the
employer shall not compel the employee to change his physician, surgeon, or
hospital, except upon the order or approval of the commissioner.
Sec. 5348 (as amended 1919, ch. 142). Waiting time.—No compensation
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 incapaci
tate 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 incapacity: Provided, If such incapacity extends
TEXT OF LAWS— CONNECTICUT
139
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 em
ployee 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.
S e c . 5849 (as amended 1919, ch. 142; 1921, ch. 806).
Death benefits.—
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 the injury; (<•) in case there is no one wholly
dependent upon the deceased employee, to those partially dependent upon the
deceased employee at the time of his injury, a weekly compensation equal
to half of the average weekly earnings of the deceased at the time of the
injury: Provided, The amount so paid shall not be more than $18 weekly,
nor lms 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 or widower, but, upon her or his death within the period (luring
which such compensation is payable, it shall continue to be paid for the re
mainder of such period to the other dependents of the deceased employee as
defined in section 5888 of the General Statutes.
Keo. 5350. (as amended 1921, ch. 306). Dependents,—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; (b) a
husband upon a wife with whom he lives at the time of her injury or from
whom he receives support regularly; (c) any child under the age of IS years,
or over said age but physically or mentally incapacitated from earning, upon
the parent with whom he is living or from whom he is receiving support
regularly at the time of the injury of such parent, there being no surviving
doi>en<lent parent. In case there is more than one child thus dependent the
death benefit shall be divided equally among them. In all other cases, ques
tions of dependency shall be determined in accordance with the fact, as the
fact; may be at the time of the injury. In such other cases, if there is more
than one iwrson wholly dependent, the compensation in case of death shall
be divided equally among them, and persons partially dependent, if any, shall
receive no part thereof. If there is no person wholly dependent and more
than one person partially dependent, the compensation in case of death shall
be divided among them according to the relative degree of their dependence.
For the 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 de
pendents of the deceased employee, as defined in section 53S8 of the General
Statutes, provided there are any such dependents. The presumptive de
pendence 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. When the sole dependents as herein defined shall at the
time of the injury be nonresident aliens and the deceased shall have in this
State some person or persons who are dependent in fact, then the commis
sioner having jurisdiction may in his discretion equitably apportion the sums
payable as compensation to the dependents.
Sec. 5351 (as amended 1921, ch. 306; 1925, ch. 247). Total disability.—-It
the injury results in total incapacity to work, there shall be paid to the in
jured 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 $21 or less than five dollars weekly; and such compensation shall
not continue longer than the period of total incapacity, or in any event longer
than 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
1965°— 26-------10
140
WOBKMEN *S COMPENSATION LAWS— UNITED STATES
l e s s of normal vision with glasses; (6) the loss of both feet at or above the
ankle; (o) the loss of both hands at or above the wrist; (d) the loss of one foot
at or above the ankle and one hand at or above the wrist; (e) any injury re
sulting 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*x\ 5852 (as amended 1019, ch. 142; i921, ch. 300; 1925, ch. 247). Partial
disability.—If any injury for which compensation is provided unde/ the pro
visions of said chapter 284 shall result in partial incaimeity, there shall be
paid to the injured employee a weekiy compensation equal to half the differ
ence between his average weekly earnings before the injury and the amount
he is able to earn thereafter. Such compensation shall in no case be more
than $21 weekly and shall continue during the period of partiul Incapacity,
but no longer than 520 weeks. If the employer procure for an injured employee
employment suitable to his capacity tho wages offered in such employment
shall be taken as the earning capacity of the injured employee. Willi respect
to the following injuries the compensation, in addition to the usual compensa
tion for total incapacity, but in lieu of all other payments for compensation,
shall be half of the average weekly earnings of the injured employee, but in
no case more than $21 or less than five dollars weekly: (a) For the loss of
one arm at or above the elbow, or the complete and permanent loss of the use
of one arm, 208 weeks; (ft) 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;
(f) 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
linger or a great toe, 38 weeks; (/) for the loss of, or the complete and perma
nent Loss of the use of, a second finger, 30 weeks; a third finger, 25 weeks; a
fourth finger, 20 weeks; (k) tor 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
onc-third of the loss of the linger; 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 con
strued 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 compen
sated accordingly. In case the injury shall consists 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 permanent partial loss of function, the com
missioner may, in his discretion, in lieu of other compensation, award to the
injured person such a proportion of the sum herein provided for the total
loss or loss of use of such member or for incapacity or both as shall represent
tho 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 pay
ment may, if otherwise conformable to the chapter, be approved by the com
missioner in Ids discretion. The word “ member” shall include all portions of
the human body referred to in subsections (a) to (fc) inclusive. In
ca«e of an injury to any portion of the body, referred to in subsections
(a) to (fc), inclusive, or to a phalanx or phalanges of the thumb, finger, or
toe. the commissioner may in his discretion, in the manner hereinbefore pro
vided, award compensation for the proportionate loss or loss of use of the
member of the body affected by such injury.
Sec. 5353 (as amended, 1919, ch. 142). Computation of earnings.—For the
purposes of said 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 pre
ceding 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, Iu 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
TEXT OF T.AWS— CONNECTICUT
141
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 compu
tation. When the employment, previous to injury as provided above, is com
puted to be less than a net period of two calendar weeks, then his weekly wage
shall be considered to be equivalent to the average weekly wage prevailing in
the same or similar employment in the same locality at the time of injury.
For the purpose 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 sub
sections (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.
Sec. 5354. Advance payments.—In fixing the amount of any compensation
under this chapter due allowance shall bo made for any sum which the em
ployer may have paid to any injured employee or to the dependents on account
of tlie injury, except such sums as the employer may have expended or directed
to be expended for medical, surgical, or hospital service.
Sec. 5355. Review.—Any award of, or voluntary agreement concerning com
pensation made under the provisions of this chapter shall be subject to modifi
cation, upon the request of either party and in accordance with the procedure
for original determinations, whenever it shall appear to the compensation com
missioner that the incapacity of an injured employee has increased, decreased
or ceased, or that the measure of dependence, on account of which the com
pensation 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 claifhs for compensation, awards, and voluntary
agreements, for any proper action thereon, during the whole compensation
period applicable to the injury in question.
Secs. 5356 (as amended 1919, ch. 142), 5357. Commissioners.— [The act is to
be administered by five commissioners, one for each congressional district of
the State. Terms are five years, subject to removal by the governor for cause.
Offices are to be maintained at Hartford, Norwich, New Haven, Bridgeport, and
Waterbury. Each commissioner has power to hear and decide cases, adminis
ter oaths, summon witnesses, require the production of books and papers,
certify official acts, and, in general, all powers necessary for the administration
of the act.]
Sec. 5358 (as amended 1919, ch. 142). Regulations.—Acting together, the
commissioners shall have power to adopt and change such common rules,
procedure, and forms as they shall deem expedient for the purposes of said
chapter. Biennially the commissioners shall prepare and submit to the gover
nor a report of their doings, including such recommendations as they shall
think proper for the improvement of said chapter or its administration.
Secs. 5359 (as amended 1919, ch. 142), 5360 (as amended 1921, ch. 306),
5361 (as amended 1919, ch. 142), 5362, 5363 (as amended 1921, ch. 306), 5364,
5365-5366 (as amended 1919, ch. 142). Claims; procedure.— [Employers under
part B of the act must keep a record of injuries to their employees and report
the same to the commissioner in duplicate weekly or oftener if so directed,
together with such notices of claims for compensation as have been served
upon him within the week. Notice of claim must be submitted within one
year from the date of the injury, unless for due cause shown the period is
extended not beyond two years. If there has been a hearing or a written
request for a hearing or an assignment for a hearing within one year from
the date of the injury, or a voluntary agreement submitted within that time,
no want of notice claimed shall be a bar to the maintenance of proceedings;
nor shall defects or inaccuracies invalidate the claim unless the employer
shows that he was ignorant of the injury and was prejudiced thereby.
If the parties reach an agreement between themselves in regard to com
pensation and such an agreement, together with a statement of facts, is sub
mitted by the employer to the commissioner and he approves* such agreement
shall be filed in the office of the clerk of the superior court of the county and is
thereafter binding upon both parties as an award by the commissioner. Before
payments are discontinued on account of total or partial incapacity under
142
WOBKMEN *8 COMPENSATION LAWS— UNITED STATES
such an agreement, if the injured person claims that his incapacity continues,
the employer must notify the commissioner ancl the employee of discontinuance
and the reason therefor, and until such notices are furnished the liability
for such a payment shall continue unless otherwise ordered by the com
missioner.
Persons claiming or receiving compensation must, on the reasonable request
of the employer or at the direction of the commissioner, submit to a medical
examination at which the injured employee may have his own physician in
attendance. Refusal to submit to a reasonable examination suspends the
right to compensation. In case of failure to agree, the commissioner shall,
upon notice, or upon his own knowledge, appoint a hearing, giving notice to
the parties with opportunity to make proper preparation for attendance at
the place appointed, which shall be convenient to the injured employee. Ap
pearance may be in person or by attorney or other accredited representative.
The hearing shall be informal, and as far as possible, in accordance with the
rules of equity, the purpose being to ascertain substantial rights and carry
out justly the spirit of the act. No fees except the cost of certified copies
of testimony, awards, etc., shall be charged. Witnesses subpoenaed by the
commissioner are allowed fees and traveling expenses to be paid by the party
in whose interest they are subpoenaed. The award made and filed in the office
of the clerk of the superior court of the county is final unless appealed from
within 10 days, and may be the basis of execution as in case of judgments ren
dered in the court. If payments are delayed unduly, interest at 0 per cent may
be added to the award. If there has been delay without fault or neglect, caused
by appeals or otherwise, a reasonable interest may be allowed not. to exceed
0 per cent per annum. Appeals may be brought: within 10 days, and are
privileged in resect of assignment for trial. Other provisions relate to
costs, which are reduced to a minimum unless it appears that an appeal is
frivolous or for purposes of vexation or delay. Notice is to be given the
commissioner from whose award the appeal is taken, and of the final dis
position of the case.]
S kc . 5367. Lump sums.— [The commissioner may commute weekly payments
into monthly or quarterly payments or into a single lump sum if found just
or necessary, based on the present worth of payments due in the future.
Lump sums may be paid into a savings bank or other repository to be held
in trust for the beneficiary or beneficiaries under the act..]
Skc. 5368. Substitute schemes.— [With the approval of the State insurance
commissioner a compensation system in lieu of that provided by this chapter
may be agreed upon by employer and his employees. It must confer at least
equivalent benefits, and membership therein must not be a condition of employ
ment. If contributions are required, added benefits commensurate therewith
must be provided. Equitable provision must be made for withdrawal and the
distribution of assets.]
Ke c r . 5369-5371. Insurance.— [Employers subject to part B who do not fur
nish satisfactory proof of solvency and ability to make direct payments of
benefits must file an acceptable security guaranteeing the performance of the
obligations of this chapter or insure in an authorized stock or mutual com
pany, or the methods may be combined. Policies must state that as between
the employee and the insurer notice and knowledge of the injury by the em
ployer shall be deemed notice and knowledge by the company, and that the
latter accepts the jurisdiction of the employer for th*> purposes of the act
The policy must cover the entire liability of the employer and provide for
the direct enforcement of the claimant’s right to compensation in case the
employer becomes Insolvent or bankrupt during the period that the policy is
in oj>eration. No limit is placed upon the power of an employer of less than
five employees to insure against such liability as he may incur by reason of
employing a larger number of employees at irregular intervals.]
Sec. 5372. Waivers.—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.
Sec. 5373. Incompetents.—When any employee affected by the provisions of
this chapter, or any person entitled to compensation hereunder, shall be a
minor, or mentally incompetent, his parent, or guardian duly appointed, may,
on his behalf, perform any act or duty required or exercise any right con
ferred by the provisions of this chapter with the same effect as if such person
were legally capable to act in his own behalf and bad so acted. The commit
TEXT OP LAWS— CONNECTICUT
143
sioner may, for just cause shown, authorize or direct the payment of compen
sation directly to a minor, or to some person nominated by the minor and
approved by the commissioner, which person shall act in behalf of such minor.
Sec. 6374. Fees.—All fees of attorneys, physicians, or other persons for serv
ices under this chapter shall be subject to the approval of the commissioner.
S e c . 5375. Status of payments.—All sums due for compensation under the
provisions of this chapter shall be exempt from levy, attachment, and execu
tion 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.
Sec. 5370. Mode of payment.—Compensations payable under this chapter
r,liall be paid at such particular times in the week and in such manner as the
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.
Sec. 5377. Notice.—Any notice under this chapter required to be served upon
employer, employee, or commissioner may be served in the manner prescribed
in section 5343. unless the circumstances of the case of the rules of the com
mission shall direct otherwise.
Sec. 5378. Duty of town clerks.—The town clerks of the several towns are
authorized and directed to receive from the commission such blank forms as
may be prepared for use under this chapter and to distribute the same to
persons making proper application for them.
Sec. 5379. Interstate commerce.—This chapter shall not affect the liability
of employers to employees engaged in interstate or foreign commerce for death
or injury in case the laws of the United States provide for compensation or
for liability for such death or injury.
Sec. 5380 (as amended 1921, ch. 300). Default in insurance.— [Where an
employer fails to maintain insurance, an injured employee may either claim
his right to compensation or sue for damages. The same option may be exer
cised by dependents, and in the event of their failure to agree upon the election
the commissioner shall decide. The option must be exercised within six
months and action brought within one year. In the absence of notice to the
employer only the right to compensation remains. Where an employer has
accepted the provisions of the act and thereafter fails to conform thereto he
is subject to a fine of not more than $100 for each such failure.]
Sec. 5381 (as amended 1919, ch. 142). Certificates.— [Employers who have
made arrangements for substitute schemes, or secured payments by insurance
or otherwise as herein provided may file in the office of the commissioner hav
ing jurisdiction of any case of injury a certificate to that effect, issued by the
commissioner of insurance, which certificate shall then become a part of the
records of the office of the compensation commissioner.]
Sec. 5382. Attachments.— LPersons submitting compensation claims may ask
for a writ of attachment to secure their payment, and unless it appears that
the employer has secured their payment by insurance or otherwise the writ
will issue, and will be dissolved on the showing of compliance and the payment
of the expenses incurred, the commissioner having authority to dissolve such
attachments.]
Sec. 5383 (as amended 1918, ch. 142). Reference to supreme court.— [Pro
vision is made for submission to the supreme court by the superior court of all
questions of law held not to be free from reasonable doubt, which the public
interest requires shall be determined. In the meantime a pro forma award
may be made on the facts. Self insurers found dilatory in adjusting claims
or making payments, or otherwise failing to comply with the provisions of the
chapter and the rules of the commission may have their certificates revoked,
regardless of questions of solvency and financial conditions.]
Sec. 5384. Defective employees.—Whenever any person having a contract of
employment, or desiring to enter into a contract of employment, shall
have any physical defect which imposes upon his employer or prospec
tive 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 per
sonal injury arising out of and in the course of his employment which may be
found by the commissioner having jurisdiction to be directly due to such phy
sical defect. No such waiver shali become effective unless the physical defect in
question shall be plainly described therein, nor until the commissioner having
144
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
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 de
pendents, 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.
Sec. 5385 (as amended 1919, ch. 142). Insurance companies.— [Insurance
companies found dilatory in investigating or adjusting claims and making pay
ments or complying with the law. etc., may. after hearing with due notice, have
their licenses revoked by action of the compensation commissioners or a
majority of them. This section contains also a provision as to the revoking
of the authority of self insurers by action of the commissioners or a majority
of them, similar to the provisions of section 5383. ]
Sec. 5386. Fees and expenses.—Whenever any fees or expenses are, under
the provisions of this chapter, to be paid by the employe)* or insurer, and not
by the employee, the commissioner may make an award directly in favor of
the person entitled, which award shall be filed in court, shall be subject to
appeal, and shall be enforceable by execution as in other cases. Such award
may be combined with an award for condensation 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 (as amended 1921, ch. 148). Digest of decisions.— [This section
provides for the compilation and distribution of decisions of the compensation
commissioners and the courts on questions of compensation. I
Sec. 5388 (as amended 1921. ch. 306). Definitions.—Terms in said chapter
are defined as follows: “ Commissioner ” shall mean that compensation com
missioner who has jurisdiction in the matter referred to in the context.
Com
mission ” 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" shail mean any person who
has entered into or works under any contract of .service or apprenticeship with
an employer, whether such contract contemplated the performance of duties
within or without the State, and shall also include any salaried officer or paid
member of any police department or fire department of any municipal corpora*
tion in the State, irrespective of the manner in which he is api>ointed or em
ployed, which provision shall not be construed as affecting any existing rights
as to pensions which such persons or their dependents may now have, or as
preventing any existing custom of paying the full salary of any such person
during disability due to injury arising in the course of and out of his employ
ment; but said term shall not be coustrued 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: Provided, If in any
contract of insurance the wages or salary of a member of the employer’s family
dwelling in his house is included in the pay roll on which the premium is based,
then such person shail, in the event of his sustaining an injury arising out of
and in the course of his employment, be deemed an employee and compensated
accordingly. “ Employer” shall mean any person, corporation, firm, partner
ship, voluntary association, joint-stock association, the State, and any public
corporation within the State using the services of another for pay; it shall
include also the legal representatives of any such employer. “ Outworker ”
shall mean any person to whom articles or material are given to be treated in
any way on premises not under the control or management of the person who
gave them cut. 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 occu
pation and which is not of a contagious, communicable, or mental nature.
Singular terms may be taken to include the plural and plural the singular, and
masculine terms to include males, females, and legal persons, as the natural
interpretation of the context may require.
Sec. 5389. [Repealed.]
Sec. 5390. Provisions severable.—In case any provision of this chapter shall
be held by the courts to be unconstitutional and invalid, the invalidity of such
provision shall not affect any other provision which can be given effect with
out the provision held invalid.
TEXT Otf LAWS— CONNECTICUT
145
P art O—E mployers’ Mutual I nsurance
S e c t i o n s 5891- 5402. Mutual associations.— [Employers under part B may,
with tlie approval of the insurance commissioner, and in accordance with the
law on the subject of corporations without capital stock, organize mutual asso
ciations to insure their liabilities under this chapter; but such associations
may not include employers not in the same or similar trades or business or
with substantially similar degrees of hazard of injury to employees. Provi
sions as to when policies may issue, organization of rules for safety, power to
fix premiums, questions of assessment, investment, and general regulations are
provided for.]
Part D—Workmen’ s Compensation I nsurance
Sections 5403-5409, 5414 (as amended 1919, ch. 142). Effect of contracts,
validity, etc.; duty of insurance companies.— [This part declares a contract of
insurance between an employer and an insurer to be a contract for the benefit of
an employee injured under or within the terms of the act. Policies must provide
for direct and primary liability to the employee or his dependents. Provision
is made for hearings and awards; the latter may be directly against the em
ployer or the insurer or both, and enforceable in all respects as against the
employer. No question may be raised by the insurance company against an
employee as to breach of warranty, coverage, or misrepresentation by the
employer; nor shall misrepresentation not materially affecting the acceptance
off the risk or the hazard assumed by the company vitiate such policy. Forms
of policies must be approved, and reports must be made by insurance com
panies as to persons insured, the policies, etc. An employer knowingly mak
ing a material misstatement to the damage of the insurer is liable in just
damages resulting therefrom.]
ACTS OF 1919
Chapter 251.—Claims of injured workmen against the State
Section 1. Compensation for State employees.—It shall be the duty of any
compensation commissioner, immediately upon receiving from any department
of the State notice .by any employee of said department, of claim for com
pensation, serve 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.
DELAWARE
ACTS OF 1917
Chapteu 233.—Compensation of workmen for injuries
New article.—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.
3193a. Section #4. Title.—This act shall be called and cited as “ The Dela
ware workmen’s compensation law of 1917,*’ and shall apply to all 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.
3193 b. Sec. 95. Defenses abrogated.—In any action instituted by any person
whatsoever on or after the 1st day of September, A. D. 191?, to recover dam
ages 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
(b) 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 em
ployee ; but the foregoing provisions of this section shall not apply to an action
instituted by any person whatsoever to recover damages for injuries to or
death of an employee who shall have elected not to operate under the compen
satory provisions of the subsequent sections of this article, nor to an action
instituted against any employer to recover damages for injuries to or death
oi an employee, when such employer shall have elected to operate under the
compensatory provisions 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 sections of
this article, then and in such case the employ**.* shall be deprived of the right
of interposing the defenses mentioned in this section tho same as though he
alone had rejected the terms or the subsequent sections of this article.
3193 e. Sjcc. 9(>. Plaintiff to show status.—In any action at law contemplated
by the last preceding section the plaintiff shall be required to lile with his
declaration or other first pleading a certificate of the industrial accident board
showing the status of the injured employee and his employer 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.
3193 d. Sec. 97. Election prcmimvd.—Every employer and employee shall be
conclusively presumed to have elected to be bound by the compensatory provi
sions of this article and to have accepted the provisions of this article, respec
tively, to pay and to accept compensation for personal injury or death by acci
dent 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 conclusively presumed
to be coextensive with the contract of hire between the employer and employee.
3193 e. Sec. 98. Waivers.—Either an employer or an employee who has
excepted himself, by proper notice, from the operation of the compensatory pro
visions 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.
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TEXT OF LAWS— DELAWABB
147
3193 f. Sec. 99. Notice of rejection.— [Employers desiring not to be bound
by the act or to waive rejection, may post notices in conspicuous places in
their plants or serve notice personally on their employees, filing an affidavit
with regard thereto with the industrial accident board. Employees may reject
or waive prior rejection by notice in writing to the employer, also filing an
affidavit as to such notice with the board. Such notice to be effective must
be given 30 days before the injury or death, except notices given at the time
of employment. Acceptance by both parlies constitutes a surrender of any
other form of compensation or damages for injury.]
3193 g. Sec. 100. Waivers.—No agreement, rule, regulation, or other device
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.
3103 h. Se<;. 101 (as amended 1919, ch. 203; 1921, ch. 186). Waiting lime;
medical aid, ctc.— (a) No comiiensation 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, coml>eiisation shall begin on the fifteenth day after such incapacity: Provided,
however, That if such incapacity continues for four weeks or longer, such com
pensation shall be computed from the date of incapacity.
(6)
During the first 30 days after the injury the employer shall furnish
reasonable surgical, medical, and hospital services, medicines, and supplies
as and when needed, unless the employee refuse to allow them to be furnished
by the employer. The cost of such services, medicines, and supplies shall not
exceed $100.
If the employer shall, upon application made to him, refuse to furnish rea
sonable surgical, medical, and hospital services, medicines, and supplies, the
employee may procure the same and shall receive from the employer the rea
sonable cost thereof within the above limitations.
(c) Upon application made to the industrial accident board by the injured
employee or some one on his behalf the board may, in its discretion, require
the employer to furnish additional surgical, medical, and hospital services,
medicines, and supplies, as and when needed, for such further period as it
shall deem right and proper. The charges for such additional surgical, medi
cal, and hospital services, medicines, and supplies shall not exceed the rates
regularly charged to other individuals for like services and supplies: Providedt
however, The industrial accident board shall at all times have jurisdiction te
determine, and shall determine, the character of service and supplies to be
furnished.
(d) If any person, firm, or corporation charged with the payment of the
above-mentioned surgical, medical, and hospital services, medicines, and sup
plies, and the person, firm, or corporation to whom the same are due and pay
able, fall to reach an agreement in regard to said charges, either party may
notify the industrial accident board of the facts, and the said beard shall
thereupon, after notice of the time and place of hearing, sent by registered
mail to all parties in interest, hear and determine the matter and notify such
parties of its conclusions.
(r) 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 incapac
ity shown to have resulted from such refusal.
3193 i. Skc. 102. Funeral, ctc., expenses.—.If death results from the injurj'
within one year, the employer shall pay the reasonable expenses of the last
sickness and burial of an injured employee, not exceeding $100, but without
deduction of any amount theretofore paid for compensation or for medical
expenses.
3193 j. Sec. 103 (as amended 1919, ch. 203; 1921, ch. 186). Compensation.—
Tiie following schedule of compensation is hereby established for injuries
resulting in total disability:
(a)
For the first 475 weeks of total disability, 50 per cent of the wages of
the injured employee as defined by this aci as amended; but the compensation
shall not be more than $15 per week nor less than $5 per week, and shall not
exceed in the aggregate the sum of $4,000: Provided, That if at the time of
injury, the employee receives wages of less than $5 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 dis
ability shall cease. Should partial disability be followed by total disability,
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COMPENSATION LAWS----UNITED STATES
tlio period of 475 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.
(ft) For disability for work partial in character (except the particular
ruses mentioned in the next succeeding subsection (c) of this section), 50
per cent 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 $15 ]>er week. This compensation shall
be paid during the period of such partial disability for work; not, however,
beyond 285 weeks. Should total disability for work be followed by partial
disability for work, the period of 285 weeks mentioned in this subsection (ft)
shall be reduced by the number of weeks during which compensation was paid
for such total disability.
(e) For all permanent injuries of the following classes, the compensation,
. regardless of the earning power of such injured employee after such injury,
shall be «s follows:
For the loss of a hand, 50 per cent of wages during 158 weeks.
For the loss of an arm, 50 per cent of wages during 194 weeks.
For the loss of a foot, 50 per cent of wages during 135 weeks.
For the loss of a leg, 50 per cent of wages during 194 weeks.
For the loss of an eye, 50 per cent of wages during 113 weeks.
For the loss of two or more of such members, not constituting total dis
ability, 50 per cent of wages during the aggregate of the period specified for
each.
For the loss of a thumb, 50 per cent of wages during 60 weeks.
For the loss of a first finger, commonly called index finger, 50 per cent of
wages during 35 weeks.
For the loss of a second linger, 50 per cent of wages during 30 weeks.
For the loss of a third finger. 50 per cent of wages during 20 weeks.
For the loss of a fourth finger, commonly called little finger, 50 per cent
of wages during 15 weeks.
The loss of the first phalange of the thumb or of any finger shall be con
sidered to be equal to the loss of one-half of such thumb or finger, and com
pensation shall be for one-half of the period, and compensation for the loss
of one-half of the first phalauge shall be for one-fourth of the period.
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, 50 per cent of wages during 30 weeks;
For the loss of one of the toes, other than a great toe. 50 per cent of wages
during 10 weeks:
The loss of the first phalange of any toe shall be considered to be equal to
the loss of one-lialf of such toe. and compensation shall be for one-half of the
period.
The loss of more than one phalange shall be considered as the loss of the
entire toe.
For the loss of a fractional part of the vision of an eye the compensation
shall be for such percentage of the total number of weeks allowed for the
total loss of the use of an eye under this subsection (e) as the loss suffered
bears to the total loss of an eye.
In all other cases in this class, or when the usefulness of a member or any
physical function is permanently impaired, the compensation shall bear such
relation to the amount stated in the above schedule as the disabilities bear
to those produced by the injuries named in the schedule.
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 compen
sated according to the provisions 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 considered
q s 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. Total loss of the use of a hand, arm, foot.
TEXT OF LAWS— DELAWARE
149
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 $15 per week, nor less than $5
pet* week: Provided, That, if at the time of injury, the employee receives wages
of less than $5 per week, then he shall receive the full amount of such wages
per week as compensation.
*i ) Should the employee die as a result of the injury, the period during
which condensation shall be payable to his dependents under the next suc
ceeding 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 medicines, 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 ec. 104 (a s am ended, 1919, ch. 203). Benefits; distribution of.—In
ca^e o f death, com pensation shall be computed on the follow in g basis and dis
tributed to the follow in g p erson s:
1. To the child or children, if there be no widow nor widower entitled to
compensation, 25 per cent of wages of deceased, with 10 per cent additional for
each child in excess of two, with a maximum of 60 per cent, to be paid to
their guardian.
2. To the widow or widower, if there be no children, 25 per cent of wages.
3. To the widow or widower, if there be one child, 40 per cent of wages.
4. To the widow or widower, if there be two children, 45 per cent of wage*.
5. To the widow or widower, if there be three children, 50 per cent of wages.
6. To the widow or widower, if there be four children, 55 per cent of wages.
7. To the widow or widower, if there be five children or more, 60 per cent
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 industrial accident board, in its dis
cretion, 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 amouut 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, 20 per cent 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 deco
dent for support at the time of his death, 15 per cent of wages for one broilier
or sister, and 5 per cent additional for each additional brother or sister, with
a maximum of 25 per cent; such compensation to be paid to their guardian.
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 16 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 dependent upon him for support, but in such case,
compensation shall be distributed 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 bo at such time dependent upon her for support.
The terms “ child ” and “ children ” shall include stepchildren and adopted
children and children to whom the deceased stood in loco parentis, if members
oi: the decedent’s household at the time of his death, and shall include post
humous children, but shall not include married children.
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.
If the compensation payable under this section to or on account of any per
son shall for any cause cease, the compensation of the remaining persons
entitled thereunder shall thereafter be the same as would have been payable
150
WOBKMEN's COMPENSATION LAWS— UNITED STATES
to them had they been the only persons entitled to compensation at . the time
of the death of the deceased: Provided, however, That the period shall be re
duced by the number of weeks during which payments were made to the
deceased or to any other person or class of persons entitled.
The wages upon which death compensation shall be based shall not in any
case be taken to exceed $30 per week nor to be less than $10 per week. Sub
ject to the provisions of subsection (d) of the last preceding section, this
compensation shall be paid during 285 weeks, and in the case of children
entitled to compensation under this section the compensation of each child
shall continue after such period of 285 weeks until such child shall reach
the age of 16 years, at the rate of 15 per cent of wages if there be but one
child, with 10 per cent additional for each additional child, with a maximum
of 60 per cent. Children are not entitled to compensation during the period
that compensation is payable to their mother or father, except as herein
provided.
3393 1. S ec. 105. Xoticc of accidents.—Unless the employer shall have actual
knowledge 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 employe^ within 14 days after the
accident, no compensation shall be due until such notice be given or knowledge
obtained. If such notice be given or the knowledge obtained after 14 days, but
within 30 days after the accident, the delay shall not bar compensation unless
the employer shall show that he was prejudiced thereby, and then only to the
extent of such prejudice. If such notice be given or the knowledge obtained
after 30 days, but within 90 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 or 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 prejudiced by such delay. Unless knowledge be obtained or
such notice given within 90 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 lan
guage), arising out of and in the course of his employment on or about a time
specified and at or near a place specified.
3193 m. Sec. 106. Medical examinations.— [Standard provisions as to sub
mission and presence of own physician. Wages and traveling expenses must be
reimbursed for all examinations after the first. Refusal or obstruction deprives
of compensation absolutely for the period covered thereby. Facts learned by
physicians attending or examining injured employees are not privileged.]
3193 n. Sec. 107. Agreement*.—If the employer and the injured employee, or
his dependents in case of his death, reach an agreement in regard to compensa
tion in accordance with the provisions of this article, a memorandum of such
agreement, signed by the parties in interest, shall be filed with the industrial
accident board, and if approved by it shall be deemed final and binding unless
modified as provided in 3193 p, section 109. Such agreement shall be approved
by said board only when the terms thereof conform to the provisions of this
article.
3193 o. Sec. 108. Notice of disagreement.—If the employer and the employee,
or his dependents in case of his death, fail to reach an agreement in regard to
compensation under this article, or if, after they reach such an agreement, the
industrial accident board shall refuse to approve the same, either party may
notify the industrial accident board of the facts, and the said board shall there
upon, 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. Sec. 109. Review.—On the application of any party in interest on the
ground that the incapacity of the injured employee has subsequently ter
minated, increased, diminished, or recurred, or that the status of the dependent
lias changed, the board may at any time, but not oftener than once in six
mouths, review any agreement or award, and oi> such review may make au
award ending, diminishing, increasing, or renewing the compensation previously
agreed upon or awarded and designating the persons entitled thereto, subject to
TEXT OF LAWS— DELAWARE
151
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 section
shall not apply to a commutation of payments under 8193 t, section 118.
3.193 q. S ec . 110 (as amended 1921, ch. 180), 3193 r. S ec. I l l (as
amended 1919, ch. 203). Procedure.— [The board is to make necessary
inquiries and investigations, hold its hearings in a reasonable place, file awards,
and furnish copies thereof to the parties. The superior court of the State is
to make rules and provide for the obtaining of evidence outside the State.
Subpoenas run throughout the State.
In the absence of fraud, awards are final except as provided in 3193 p. sec.
109, unless an appeal is taken to the superior court within 10 days after a copy
is sent to the parties. The court decides from the record, without a jury, and
may reverse, affirm, modify, or remand for rehearing. No deposit of costs
will be required, but costs may be awarded in the discretion of the court.
The court, on hearing an appeal, may appoint impartial physicians or surgeons
to examine the claimant, fix their compensation, and tax the same as costs.
Physicians’ reports are not to be conclusive of facts, but advisory only.]
3198 s. S ec . 112 (as. amended 1919, ch. 203). Alien beneficiaries.—Com
pensation under this article to alien dependent 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
iiastall ments of compensation payable to alien dependents, not residents of the
United States, by paying to such alien dependents the then value thereof cal
culated in accordance with the provisions of 3193 t. section 1.13 of the act to
which this in 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 represented by the consular
officers of the nation of which such alien or aliens may be citizens or subjects,
and in sucli 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 discharge
of all sums paid to and received by them.
8193 t. Sec. 113. Lump sums.—The condensation contemplated by this arti
cle may be commuted by said industrial accident board at its present value
when discounted at 5 per cent interest, with annual rests, disregarding (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 employee or the dependents of the deceased
employee, or that it will avoid undue expense or undue hardship to cither
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 d’sposed 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 before the accident)
8193 u. S ec . 114 (as amended 1919, ch. 203). Deposits.— [Where the amount
of future payments awarded or agreed upon is certain, a sum equal to all
future installments may be deposited with a savings bauk or trust company
for disbursement, relieving the employer from further liability. If any sum
remains after liability ceases, it is to be returned to the employer.]
8193 v. S ec . 115. Limitation.— [Claims are barred unless within one year
after the injury or death an agreement has been made or application made
to the board. If payments have been made, the year begins to run from
the time of making the last payment.]
31.93 w. S ec . 110. Industrial accident board.— [An industrial accident board of
three competent persons is appointed by the governor for terms of six years
each, one term expiring every two years. Members hold office until their
successors are appointed and qualified, but may be removed at any time by
the governor with or without cause. Members take oath; the board has a
seal, elects its own president, may employ a secretary and such clerical and
other assistance as required, is entitled to traveling expenses, and must main
tain an office kept open at reasonable hours, keeping a record of its transac
tions. It hears disputes, makes its own rules of procedure, supplies blanks
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for information, aud issues subpoenas, administers oaths, requires the pro
duction of documents, etc. Process is served by county officials or employees
of the board. Disobedience or misbehavior, refusal to take the oath or to be
examined, or neglect to product; printed documents subjects the offender to
punishment for contempt on certification of the facts to any judge of the
supreme court of the State. Members receive $2,500 per aunum, and a ma
jority constitutes a quorum. The board may appoint physicians to make
medical examinations and testify in respect thereto, who may be allowed a
reasonable fee, not exceeding $5 for each examination, the same to be included
in its expense account. The board is to inquire into the causes and results of
industrial accidents and their prevention, also to study the operation of the
act and report its findings and recommendations at each session of the gen
eral assembly. It is also to furnish blanks to employers and employees, and
such literature as is deemed requisite to facilitate and promote the efficient
administration of the act.]
3198 x. Sec. 117. Reports of accidents.— [Employers under the act are re
quired to keep a record of all injuries to their employees in the course of
their employment and report the same within 10 days after knowledge of
their occurrence. A supplemental report is to be made on the termination of
disability. Name, age, sex, and occupation; time, nature, and cause of the
injury; and such other information as the board may require are to be in
cluded. Such reports are not to be used as evidence, but are exclusively for
the information of the board in securing data as the basis of recommendations
to the general assembly.]
3193 y. Sbc. 118, 3193 z. Seo. 119 (as amended 1919, ch. 203), 3193 aa. Skc.
120-3193 gg. Sec. 120. Insurance.— [Employers accepting the provisions of the
act must insure their liability thereunder. If satisfactory proof of financial
ability to pay direct compensation is given, the board may authorize selfinsurance. Sums awarded or agreed upon in case of injury to an employee of
a self-insurer must be paid into a savings bank or trust company in accord
ance with provisions of 3193 u, sec 114. Failure to make such payment within
80 days forthwith terminates the right to self-insurance. Employers must
file with the board, annually or as often as required, evidence of compliance
with the requirements as to insurance. Failure is punishable by fines, and
also leaves the employer liable to either a claim for compensation or an action
at law for damages. If suit is brought, the defenses of fellow service, con
tributory negligence, and assumed risks are not: allowed; and if default con
tinues for 30 days, the employer may be enjoined from carrying on his busi
ness while such default continues.
On evidence of compliance, the industrial board issues a certificate to author
ize self-insurance, which may be revoked on satisfactory evidence on at least
60 days* notice; a new certificate may be granted after the expiration of one
year from such revocation.
Employe vs may form mutual insurance associations, or enter into benefit
schemes with their employees, subject to the approval and control of the board.
No substitute system will be approved unless it provides at least equivalent
benefits, and, if contributions from employees are required, commensurate
added benefits must be allowed. The board may terminate such systems on
reasonable notice and hearing for cause shown.
All insurance policies covering compensation liabilities are subject to the
provisions of the act, and must contain a provision to the effect that as between
the employee and the insurer notice or knowledge on the part of the employer
is notice or knowledge on the part of the company and that the company accepts
the jurisdiction of the employer and is bound by awards against him. The
obligations of the policies are not to be affected by default of the employer
after the injury or by any default in the giving of notice required by the policy
or otherwise. Such agreement shall be construed to be direct promise by the
company to the person entitled to compensation enforceable in his name.]
3193 hh. S ec. 127. Payment of benefits.— [Except as otherwise provided bene
fits are to be paid as wages, but the. board may authorize payments monthly or
quarterly instead of weekly, with regard to the welfare of the employee and
the convenience of the employer.]
3193 ii. S ec . 128. Contractors.—No contractor or subcontractor shall receive
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 sub
contractor shall be against their said employer and not against any other
employer.
TEXT OF TAWS— DEIA WART!
153
8188 JJ. Sr.c. 129. Intoxication, etc.— I f any employee be injured as a result
of his intoxication, or because of his 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 pro
visions of this article. The burden of proof under the provisions of this section
&hall be on the defendant employer.
3193 kk. Sec. 130. Joint employment.—Whenever an employee for whose in
jury or death compensation is payable under this article, at the time of the
injury, be in the joint service of two or more employers subject to this article,
such employers shall contribute to the payment of such comiiensation in pro
portion to their wage liability to such employee, regardless of the question for
whom such employee was actually working at the time of the injury.
3193 11. S ec . 131. Actions against third parties.— [If a third party is legally
liable for damages on account of the injury, the employee may either claim
compensation from the employer or sue such third party, but may not proceed
against both. If compensation is awarded, the employer is subrogated to the
rights of the injured employee or his dependents and may recover in his own
name or that of the injured employee damages for the injury, any excesa
recovery, less costs, to go to the employee or his dependents. )
3193 mm. S ec . 132. Status of paytnents.— [The right to compensation has the
same preference as unpaid wages for labor. Claims and awards are not
assignable, and are exempt from claims of creditors. If default is made in
payments for 30 days after demand, recovery may be had in the same manner
as claims for wages are now collectible.
Fees of attorneys and physicians are subject to the approval of the board. 1
3193 nn. Sec. 133. Sympension of payments.—If an injured employee refuses
employment suitable to his capacity, procured for him, he shall not be entitled
to any 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 compensation is payable, after
having received an injury in another employment, he shall be entitled to com
pensation 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.
3193 oo. S ec. 134. Construction.—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.
3193 pp. S ec . 135 (as amended 1923, ch. 200). Employers.— T h e following
shall constitute employers subject to the provisions of this article: Every
person, firm, association, and corporation, private, public, or municipal (except
ing the employers mentioned in 3193 vv. section 141. and 3193 ww. section 142
hereof) having in his or its service any employee defined In 3193 qq. section 136
of this article. If the employer is insured, it shall include his or its insurer
as far as practicable.
3193 qq. S ec. 130 (as amended 1923, ch. 206). Employees.—The term “ em
ployee” as used in this article shall be construed to mean: Every person in
the service of any person, firm, association, and corporation, private, public or
municipal (excepting the employees mentioned in 3193 vv. section 141 and
3193 ww. section 142 hereof) under any contract of hire, expressed or implied,
oral or written, or performing services for a valuable consideration, but not
including any person whose employment is casual and not in the regular course
of the trade, business, profession or occupation of his employer, and not includ
ing 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
worker’s own home, or on other premises not under the control or manage
ment of the employer.
3193 rr. S ec . 137. Injury.—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 naturally results directly
therefrom when reasonably treated; and whenever death is mentioned as a
cause for compensation under this article it shall mean only death resulting
from such violence and its resultant effect when reasonably treated as afore
said, and occurring within 285 weeks after the accident.
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COMPENSATION LAWS— UNITED STATES
3103 ss. Skc. 138. Restrictive clause.—The term “ personal injury ” sustained
by accident 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.
3103 tt. S ec . 330. Dependent.—The term “ dependent ” shall include all per
sons 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 personal representatives,
and the widow or widower of the deceased, and guardians of infants or trustees
for incompetent persons.
3193 tt. Sex;. 139a (added 3921, ch. 380). Construction.— For the purpose
of making more clear certain of the provisions of the act to which this sec
tion is an amendment, provision is hereby made as follows:
(a) The term “ compensation” wherever used in this act and wherever
the context requires it shall be held to include surgical, medical, and hospital
services, medicines and supplies, and funeral benefits provided for in this act.
(b) The notice required to be served on all parties in interest under the
provisions of 3193 o, section 108, chapter 90, Revised Code, as amended by
chapter 233, volume 29, Laws of Delaware, may be served personally or sent
by registered mail.
(c) The provision in 3193 p, section 109, chapter 90, Revised Code, as amended
by chapter 233, volume 29, Laws of Delaware, that the industrial accident
board shall 44send to the parties a copy of the award ” shall be coustrued to
mean either personal delivery of such copy or the sending thereof by registered
mail.
(d) Proceedings for compensation may be instituted by the surviving parent,
guardian, or next friend in the case of minors claimiug to be entitled to com
pensation, and all notices thereafter shall be given in the manner provided in
this act to said parent, guardian, or next friend.
(c)
Compensation agreed upon or awarded to injured employee who shall
have died and which shall not have been paid at the time of his death, shall
be paid to his nearest dependent as indicated by 3193 k, section 104, chapter 90,
Revised Code of the State of Delaware, as amended by chapter 233, volume 29,
Laws of Delaware, and chapter 203, volume 30, Laws of Delaware.
(f)
In construing the words “ earning power of the employee thereafter
as the same appears in subsection (b) of 3193 j, section 103, chapter 90, of the
Revised Code of the State of Delaware, as amended by chapter 233, volume 29,
Laws of Delaware, the industrial accident board shall take into consideration
the value of gratuities, board, lodging, and similar advantages received by the
employee in a subsequent employment.
3193 uu. Seo. 340 (as amended 1939, ch. 203). Wages.—Wherever 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 advant
ages received from the employer, 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 oc
cupations involving seasonal employment or employment 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 im
mediately preceding the accident, unless it be shown that during such year,
by reason of exceptional causes, such method of computation does not ascer
tain fairly the earnings of the employee, in which case the period for calcu
lation shall be extended so far as to give a basis for the fair ascertainment of
TEXT OF LAWS----DISTRICT OF COLUMBIA
155
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 out
put of tlie.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.
811)8 vv. S e c . 141 (as amended 1923, ch. 206). Exemptions.—This article
shall not apply to the employers or employees in any employment in which
loss than five employees arc engaged; nor to farm laborers and domestic
servants or to their respective employers; nor to officers and servants of the
State or any governmental agency ercated by it, excepting officers and servants
of the mayor and council of Wilmington, a municipal corporation of the
St«ite of Delaware, who shall have been neither elected or appointed for a term
of office or fixed and definite duration or to complete the unexpired portion
of any yueh term: Provided, however, That the said the mayor and council of
Wilmington shall at all times apply to the industrial accident board for a
certificate for self-in.suranee.
8198 ww. S e c . 142. Interstate commerce.—This article shall not apply to
employees injured or killed while engaged in interstate or foreign commerce,
nor to their employers in case, and whenever, the laws of the United States
provide for compensation or for liability for such injury or death.
8193 xx. S e c . 143 (as amended 1919, ch. 203). Act in effect—This act shall
begin and take effect from the 1st day of January, A. D. 1918.
If any provision of this article shall be held to be void or unconstitutional
it is hereby provided that all other portions of the same, which are not ex
pressly held to be void or unconstitutional, shall continue in full force and
effect.
DISTRICT OF COLUMBIA
ACTS OF 1919— S i x t y - s i x t h
C o n g ress
PirBLic No. 6.—Compensation of workmen for injuries—Public employees
S e c t io n 11. Act extended; scope.—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
I heir duties and for other purposes," 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 departments of the District of
Columbia who are pensioned or pensionable under the provisions of the Dis
trict. of Columbia appropriation act approved September 1, 1916. Such com
pensation 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 District 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.
1965°— 26-------11
GEORGIA
ACTS OF 1020
Compensation of workmen for injuries
( ! ’ag« 107)
S e c t i o n 1. Title.—This act shall be known as the Georgia workmen’s com
pensation act.
Sec. 2 (as amended, 1922. p. 185). Definition*.—in this act. unless the context
otherwise requires:
(a) ''Employers’* shall include any municipal corporation within the Stale
and any political division thereof, and any individual, linn, association, or
corporation engaged in any business operated for gain or profit, except as here
inafter excepted, and the receiver or tnuree of the same, and the kural repre
sentative of a deceased employer, using the service of another for pay. If
the employer is insured, it shall include his insurer so far as applicable.
(b) ••Employee” shall include every person, including a minor, 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 th«> emp'over ami, except as hereinafter set out.
M?nors are included even though working in violation of any child'labor law
or other similar statute: Provided, That nothing herein contained shall be con
strued as repealing or altering any miicIi law or situuie. Any reference to any
employee who has been injured shall, when the e m p l o y e e is dead, include also
his legal representatives, dependents, and oilier persons to whom compensa
tion may be payable, pursuant to (he provisions of this act.
(c> The basis for computing the com].ensation provided for in this act
shall be as follows:
3,
The compensation of an injured person shall be computed on the basis
of the regular wage received by the employee on the date of the accident.
The compensation of the injured person who has not been receiving regular
wages and has been employed for such a short period of time, that it is imprac
ticable to accurately determine his wages, the wages of the employees of the
same class, in the same employment, in the same locality, or, If that be impracti;‘iii>ie, of neighboring employees of the same kind, shall be used as a basis for
deierminiug the wages of such injured employee.
(d) "in ju r y " and ‘‘ personal injury” shall mean an injury by accident
arising out of and in the course of employment and shall not include a disease
in any form except that resulting naturally and unavoidably from the acci
dent. Nor shall “ injury ” and “ personal injury ” include injury caused by the
willful act of the third person directed against the employee for reasons i>ersonal to such employee.
When an employee coming under provisions of this 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 resi>ect thereto the employee, or beneliciar.v, may
take proceedings both against that j>erson to recover damages and against the
employer for compensation, but the amount of compensation to which he is
entitled under this act shall be reduced by the amount of damages recovered.
If the employee, or beuettciary of the employee, in such case recovers com
pensation under this act, the employer by whom the compensation was paid,
or the party who was called upon to pay the compensation, shall be entitled to
indemnity from the person so liable to pay damages as aforesaid, and shall
be subrogated to the rights of the employee to recover therefrom, to the extent
of the condensation.
(e) In all claims for compensation for hernia resulting from injury by acci
dent arising out of and in the course of the employee’s employment it must
156
TEXT OP LAWS— GEORGIA
157
be* definitely proven to the satisfaction of the industrial 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 im
mediately followed an accident; fifth, that tlie 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 radi
cal operation. If death result from such operation, the death shall be con
sidered as a result: of the injury and compensation paid in accordance
w iili the provisions of section 38. In nonfatal cases time loss only shall be
paid, unless it is shown by special examination, as provided in section 28,
th:>t the injured employee has a permanent partial disability resulting after
the operation. If so, compensation shall be paid in accordance with the pro
visions or* section 38 with reference to partial disability. In case the injured
employee refuses to undergo the radical operation for the cure of such hernia,
n o
compensation shall 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 puid as
provided in section 81.
Sw:. 3. Pending suits.—The provisions of this act shall not alTect pending
litigation.
Srccs. -I. 5. Election.— [Employers and employees are presumed to accept the
provisions of the act unless prior to the occurrence of the accident notice of
rejection has been given by the one to the other. Forms are prescribed, to he
substantially complied with; also for waivers of such rejection, which may be
made at any time. Copies are to be sent also to the industrial commission,
and if not so filed within 10 days after service, due and proper notice w*ll be
deemed not to have been given. Employers* notices are to be conspicuously
posted. Notices are valid after 30 days, except for accidents within 30 days
after employment if notice was given at the time of the employment.]
Sec. 6. Presumption as to contracts.— [In the absence of notice that the
provisions of the act other than sections 16, .17, and 18 do not apply, contracts
of service will be presumed to have been made subject to the provisions of this
act. This applies to minors.]
Ssc. 7. Waivers forbidden.—No contract or agreement, written or implied, no
rile, regulation, or other device, shall in any manner operate to relieve any
employer in whole or in part of any obligation created by this act, except as
herein otherwise expressly provided.
S k c . 8. Corporations.—Neither any municipal corporation within the State,
m.-r any political subdivision thereof, nor any employee of any such corpora
tion or subdivision shall have the right to reject the provisions of this act
relative to payment and acceptance of compensation; and the provisions of
sections 5, 6. 16. 17, and 18 shall not apply to them.
S k c . 0. Interstate carriers.—This act shall uot apply to any common carrier
by railroad engaging in commerce between any of the several States or Terri
tories. or between the District of Columbia and any of the States or Terri
t o r i e s and any foreign nation or nations, nor to any person suffering injury
or death while he i s employed by such carrier in such commerce, nor shall this
act he 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 carriers
by railroads to tlieir employees in certain cases, approved April 22, 1908.
Sec. 10. Prior injuries.—The provisions of this act shall not apply to in
juries or death, nor to accidents which occurred prior to the taking effect of
this act.
Sec. 11. Insurance.—Every employer who accepts the compensation provi
sions 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. Remedies.—The rights and remedies herein granted to an employee
where he and his employer have accepted the provisions of this act respectively
to pay and accept compensation on account of personal injury or death by
158
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
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 011 account of such injury, loss of service, or death.
Sec. 13. Violation of statutes.—Nothing in this act shall be construed to
relieve any employer or employee from penalty for failure or neglect to per
form any statutory duty.
Sec. 14. Willful misconduct, etc.—No compensation shall be allowed for any
injury or death due to the employee's willful misconduct, including inten
tional self-inilicted 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 regu
lation adopted by the employer and approved by the industrial commission, and
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.
Srcc. 35 (as amended 1925, p. 282). Exempt employments.—This act shall not
apply to common carriers, engaged in interstate [intra.stale] trade Lor| com
merce, the motive power of which is steam, nor shall 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 laws of this
Stale; employees not in the usual course of the trade, business, occupation or
profession of the employer or not incidental thereto; farm laborers or do
mestic servants; nor to employees of institutions maintained and operated as
public charities; nor to employers of such, persons: nor to any persons, linns or
private corporation, including any public servico corporation, that has regu
larly in servico less than ten employees in the same business within this Suite;
unless such employees and their employers voluntarily elect to be bound by this
act. When an employer and his employees elect to be bound by this act the
election shall continue until recalled by joint action of employer and employees
and shall be effective after notice is given to the industrial commission, and
shall include employees subsequently employed, unless they elect to reject the
act.
Skcs. 1G--1S. Common law defenses.— [Rejecting employers may not plead the
common law defenses, even though the employee also rejects; if Hie employer
accepts and the employee rejects, the employer may plead the defenses as at
common law..I
Skc. 19. Direct settlements.—Nothing herein contained shall be construed
so as to prevent 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 provisions of this
act. A copy of such settlement agreement shall be filed by he employer with
tJie commission, and no such settlement «hall be binding until approved by the
commission.
Sec. 20. Liability of principals.—A principal, intermediate, or subcontractor
shall be liable for compensation to any employee injured while in the employ
of his subcontractors and engaged upon the subject matter of the contract to
the same extent as the immediate employer.
Any principal, intermediate, or subcontractor, who shall pay compensation
under the foregoing provisions, may recover the amouut paid from any person
who, independently of this section, would have been liable to pay compensa
tion to the injured employee, or from any intermediate contractor.
Every claim for compensation under this section shall be in the first instance
presented to and instituted against the immediate employer, but such proceed
ings shall not constitute a waiver of the employee's rights to recover compen
sation 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 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 has undertaken to exe
cute work or which are otherwise under his control or management.
Sec. 21. Compensation preferred.—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.
TEXT OF LAWS— GEORGIA
159
Sec. 22. Assignments, etc.—No claim for compensation under this act shall
be assignable, and all compensation and claims therefor shall be exempt from
all claims of creditors.
Secs. 23, 24 (both as amended 3923, p. 92). Notice.— [Employees must give
notice, either in person or by a representative of the occurrence of any acci
dent, immediately, or as soon as practicable, to the employer or his represen
tative, or to the immediate superior of the injured employee. No right to
medical aid or compensation accrues until such notice. If not given within 30
days, the notice must be in writing; nor will compensation be payable if no
tice is not given within 30 days after the accident or the death resulting there
from unless it appears that it was prevented by physical or mental incapacity,
fraud or deceit, or that the employer, his agent, representative, foreman, or
the immediate superior of the employee had knowledge of the accident, or a
reasonable excuse satisfies the commission, or it is reasonably proved that the
employer was not prejudiced by the delay. The written notice musfc state the
facts in ordinary language, nor will defects or inaccuracies be a bar to com
pensation unless the employer’s interest was prejudiced, and then only to the
extent of such prejudice. 1
Sec. 25 (as amended 3925, p. 282). Limitation>.— [Claims must be filed within
one year after the injury or death; but if proceedings are begun in good faith
against a corporation whose charter has expired, but is still doing business, the
claimant may proceed against the person or persons carrying on the business,
and the one-year limit will not apply.]
Sec. 2(5. Medical aid.—For a period of not exceeding 30 days alter an acci
dent the employer shall furnish or cause to be furnished, free of charge to the
injured employee, and the employee shall accept such necessary medical atten
tion as the nature of the accident may require. The industrial commission
may at any time, for good cause shown or in its discretion, order a change in
such medical attention so furnished by the employer: Provided, That the total
liability of the employer for necessary medical attention shall not exceed $100.
During llie whole or any part hi the remainder of 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,
and in addition such surgical and hospital service and supplies as may be
deemed necessary by said attending physician or the industrial commission.
The refusal of the employee to accept any medical, hospital, or surgical service
when provided by the employer, or on order by the industrial commission, shall
bar said employee from further compensation until such refusal ceases, and no
compensation shall at any time be paid for the period of suspension unless in
the opinion of the industrial commission the circumstances justified the refusal,
in which case the industrial commission 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 30 days, as herein specilied, a
physician other than provided by the employer is called to treat the injured
employee during the first 30 days, the reasonable cost of such service, not
to exceed $300, as above set out, shall be paid by the employer if ordered to do
so by the industrial commission.
S ec. 27. Cost of medical, etc., service.—The pecuniary liability of the em
ployer for medical, surgical, and hospital service herein required when ordered
by the commission shall be limited to such charges as prevail in the same com
munity for similar treatment of injured persons of a like standard of living
when such treatment is paid for by the injured persons, and shall not, in any
event, exceed the aggregate of $100 in amount. The employer shall not be
liable in damages for malpractice by a physician or surgeon furnished by him
pursuant to the provisions of this section, but the consequences of any such
malpractice shall be deemed part of the injury resulting from the accident and
shall be compensated for as such.
Sec. 28. Medical examinations.— [An injured employee must submit to med
ical examinations at reasonable times and places, on request and at the expense
of the employer, and may have his own physician present. Facts learned by
attending and examining physicians are not privileged. Refusing or obstruct
ing examinations suspends benefits, and no compensation shall be paid for the
period uuless the commission thinks the act justified. The employer or the
commission may require an autopsy, at the expense of the party requesting.
No compensation for death or disability will be payable in so far as caused by
160
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COMPENSATION M W S — UNTTEI> STATES
unreasonable refusal or neglect to submit to or follow competent or reasonable
surgical treatment.]
Sue. 29 (as amended 1022, p. 385). Waitiny time.—No compensation shall
be allowed for the first seven calendar days of incapacity resulting from an
injury, including the day of the injury, except the benefits provided for in
section 2(>.
Sec. 80 (as amended 1022, p. 185). Total disability.—When the incapacity
from work resulting from an injury is to'tal, the employer shall pay. or cause
to be paid, as hereinafter provided for, the employee during such total in
capacity, a weekly compensation equal to one-half of his average waxes, but
not more than $15 per week or less than $4 per week, except wh»n the weekly
wage is below $4. then the regular wages on the date of the accident shall
be the weekly amount paid; and in no case shall the period covered by such
compensation be greater than 350 ‘weeks, nor shall the total amount of com
pensation exceed $5,000.
Sec. 81. Ptrtiai disability.—Except as otherwise provided in the next
section hereafter, whore 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 in
jury and the average weekly waues which he is able i:.' eirn thereafter, but
not more than S>1£ a week, and In no case shall the period covered by such
compensation be greater than ‘.00 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.
Sec. 82 (as amended 1928, p. 92). Schedule.—In the eases included by the
following schedule the permanent partial industrial handicap, in each case,
shall be compensated by paymeuts for the period specified, and the compen
sation so paid for *suoh handicap shall be as specified therein, and shali be
in lieu of all other compensation for the permanent partial handicap. In
addition to the compensation provided in the schedule for permanent partial
handicap, compensation for total incapacity for work, as provided in section
80, shali be paid, but compensation for total incapacity for work shall in no
case be paid for a period longer than 10 weeks.
(a) For the loss of a thumb. 50 per cent of the average weekly wa«res
during (SO weeks.
(b) For the loss of a first linger, commonly called the index finger, 50 per
cent of the average weekly wages during 85 weeks.
(0) For the loss of a second finger, 50 per cent of average .veekly wages
during 80 weeks
{d) For the loss of a third finger, 50 per cent of average weekly wages
during 20 weeks.
(6)
For the loss of a fourth finger, commonly called the little finger. 50
per cent of average weekly wages during 35 weeks.
(f)
The loss of the first phalange of the thumb, or any finger, shall be con
sidered to be equal to the loss of one-half of such thumb or linger and the
compensation shall be for one-half of the periods of time above specific d.
{y) The loss of more than one phalange shall be considered the Voss of the
entire finger or thumb: Provided, That in no case shall the amount received
for more than one finger exceed the amount provided In this schedule fer the
loss of a hand.
(h) For the loss of a great toe, 50 per cent of the average weekly wages
during 80 weeks.
(1) For the loss of one of the toes, other than a great toe. 50 per cent of
average weekly wages during 10 weeks.
(j) The loss of the first phalange of any toe shall be considered to be equal
to the loss of one-half such toe, and the compensation shall be for one-half of
the periods of time 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 hand, 50 per cent of the average weekly wages during
150 weeks.
( m) For the loss of an arm, 50 per cent of average weekly wages during
200 weeks.
(a)
For the loss of a foot, 50 per cent of average weekly wages during 125
weeks.
TEXT OP LAWS— GEORGIA
161
(o) For the loss of a leg, 50 per cent of average weekly wages during 175
weeks.
(p) For the loss of an eye, 50 per cent of the average weekly wages during
100 weeks.
(q) For the complete loss of hearing in both ears, 50 per cent of the aver
age weekly wages during 150 weeks.
(r) Total loss of use of a member or loss of vision of an eye shall be con
sidered as equivalent to the loss of such member or eye. The compensation for
partial l o s s of or for partial loss of use of a member or for partial loss of
vision of an eye shall be such proportion of the i>ayments above provided for
total loss as such partial loss bears to total loss. Loss of both arms, hands,
legs, or feet, or of any two of these members, the permanent total loss of
vision in both eyes, shall be deemed permanent total incapacity and shall be
compensated under section 30.
The weekly compensation payments referred to in this section shall be sub
ject to the same limitations as to maximum aud minimum as set out in
section 30.
Sec. 83. Refuting employment.—If an injured employee refuses employment
procured for him suitable to his capacity he shall not be entitled to any com
pensation at any time during the continuance of such refusal unless, in the
opinion of the industrial commission, such refusal was justified.
Skc. 34. Second injuries.—If an employee who suffers an injury in his em
ployment. has a permanent disability or has sustained a permanent injury,
such as specified in section 32, suffered elsewhere, he shall be entitled to com
pensation only for the degree of incapacity which would have resulted from
the later accident, if the earlier disability or injury had not existed.
S ec. 35. Same.—If an employee receives an injury for which compensation
is payable while he is still receiving or entitled to compensation for a pre
vious 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 in
jury, such as specified in section 32; 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.
Skc. 3»». Same.—if an employee receives a permanent injury as specified in
section 32 after having sustained another permanent injury in the same em
ployment. he si»ali 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 350 weeks. When
:1k* previous and subsequent permanent injuries received in the same employ
ment 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 compensation due.
Hi:o. 87. Injuria* outside State.— (a) Where an accident happens while the
employee is employed elsewhere than in this State, which would entitle him
or his dependents to compensation if it happened in this State, the employee
or his dependents shall be entitled to compensation, if the contract of employ
ment was made in this State and if the employer’s place of business is in
this State or 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, hoicever, If an employee shall receive compensa
tion or damages under the laws of any other State, nothing herein contained
fchall be construed so as to permit a total compensation for the same injury
greater than is provided for in this act.
Sec. 38 (as amended 1922, p. 185; 1923, p. 92). Death.— When an employee
is entitled to compensation under this act for an injury received and death
ensues from any cause not resulting from the injury for which he was entitled
to the compensation, payments of the unpaid balance for such injury shall
cease and all liability therefor shall terminate.
If death results instantly from an accident arising out of and in the course
of the employment, or if during the period of disability caused by an accident
death results proximately therefrom, the compensation under this act shall be
as follows:
(« ) The employer shall, in addition to any other compensation, pay the rea
sonable expenses of the employee’s last sickness and burial expenses not to
exceed $100. If the employee leaves no dependents, this shall be the only
compensation.
162
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
(b) The employer shall pay the dependents of the deceased employee wholly
dependent 011 his earnings for support at the time of the injury a weekly
compensation equal to 85 per cent of the compensation which is provided for in
section 30 for total disability for a period not exceeding 300 weeks from date
of injury.
(ct) If the employee leaves dependents only partially dependent on his earn
ings for support at the lime of his injury, the weekly compensation for those
dependent shall be in the same proportion to the compensation for persons
wholly dependent as the average amouut contributed weekly by the deceased
to the partial dependents bears to his average weekly wages at the time of his
injury.
(d) When weekly payments have been made to an injured employee before
his death the compensation to dependents shall begin on the date of the last
of such payments, but shall not continue more than 300 weeks from the date
of the iujury not except during dependency. The total compensation to be paid
to all dependents of a deceased employee shall not exceed in the aggregate
$ 12.75 per week.
(c) If the employee does not leave dependents, citizens of or residing at the
time of the accident in the United States or Dominion of Canada, the amount
of compensation shall not in any case exceed $1,000.
Sec. 39. Dependents.—The compensation provided for in section 38 shall
be payable only to dependents and only during dependency. The following
iwrsons 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 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.
(e) A boy under the age of 18. or a girl under the age of 18. upon a parent.
If a child is over the ages specilied above, but physically or mentally incapaci
tated from earning a livelihood, he or she shall be presumed to be totally
dependent.
As used in this section, the term 44boy,” “ girl," or “ child” shall include
stepchild, legally adopted children, posthumous children, acknowledged illegiti
mate children, but shall not include married children; the term “ parent" shall
includc step-parents and parents by adoption.
If the deceased employee leaves dependent surviving spouse, as above de
scribed and no dependent child or children, the full compensation shall be paid
to such spouse; if the deceased employee leaves dependent surviving spouse, as
above described, and also a dependent child or children, then the full compensa
tion shall be paid to such spouse for his or her use and that, of such child or
children, the commission, however, to have the power in proper cases, in its
discretion, to apportion the compensation: 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.
In all other cases questions of dependency, in whole or in part, shall be de
termined 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;
and in such other cases if there is more than one person wholly dependent, the
death benefit shall be 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 dependency.
For the purpose of this act the dependence of a widow or widower of a de
ceased employee shall terminate with remarriage. The dependence of a child,
except a child physically or mentally incapacitated from earning a livelihood,
shall terminate with the attainment of 18 years of age. In all cases, except
such as are hereinbefore specifically provided for, where there are both total
and partial dependents, and the total dependents die, remarry, or cease to be
dependents the partial dependents shall be entitled to the balance of compen
sation, if any.
S ec. 40 (as amended 1923, p. 92). Maximum.—The total compensation pay
able under this act shall in no case exceed $5,000.
TEXT OP LAWS— GEORGIA
163
Sec. 41. Advancc payments.—Any payments made by the employer to 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 made, may,
subject to the approval of the industrial commission, be deducted from the
amount lo be paid as compensation: Provided, That in the case of disability
such deductions shall be made by shortening the period during which compen
sation must he paid and not by reducing the amount of the weekly payments.
Sec. 42. Times of payment.—'The industrial commission, upon application of
either parly, may, in its discretion, having reganl to the welfare O f the em
ployee and the convenience of the employer, authorize compensation to be paid
monthly or quarterly instead of weekly.
Secs. 4I>, 44. Lump sum*.— [After not less than 26 weekly installments have
been made the parties may agree, with the approval of the commission on the
grounds of the interests and convenience of the party, to commute the re
maining payments, in whole or in part, to a lump sum, representing their
present worth calculated at 5 per cent per annum. If the commission deems
it expedient the employer must pay such lump sum to a trustee to be admin
istered as provided by the commission, and the employer or other person liable
is thereby discharged.]
Sec. 45. Rerieiv.—Upon its own motion before judicial determination or
upon the application of any party in interest on the ground of a change in
condition, the industrial commission may at any time review any award or
any settlement made between the parties and fiied with the commission and,
on such review, may make an award ending, diminishing, or increasing the
compensation previously awarded or agreed upon, 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.
Seo. 40. Acquittances.— [Payment to a parent on behalf of children, or to
persons over 18, or to guardians of minors under 18 or incompetent, when
properly receipted, acquit the employer. Payments in good faith to a depend
ent subsequent in right are a discharge unless a dependent having prior right
gives notice of such right.]
Sec. 47. Incompetent s.—If an injured employee is mentally incompetent or
5s under 18 years of age at the time when any right or privilege accrues to
!i»im under this act, his guardian or trustee may, in his behalf, claim and
exercise such right or privilege.
Sec. 48 (as amended 1025, p. 282). Limitation.— [Limitations do not run
against incompetents so long as they have no guardian or trustee, nor against
oue who in good faith proceeds against a corporation found to be defunct by
reason of expiration of charter.]
Seo. 40. Joint employment.—Whenever any employee for whose injury or
death compensation 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 em
ployers shall contribute to the payment of such compensation in proportion
to their wage liability to such employee: Provided, however, That nothing in
this section shall prevent any reasonable arrangement between such employers
for a different distribution as between themselves of the ultimate burden of
compensation.
Secs. 50, 51 (as amended 1922, p. 77), 52, 53 (as amended 1925, p. 282), 54.
Industrial commission.— [An industrial commission is created consisting of
four persons, a commissioner of commerce and labor, being chairman ex
officio, the attorney general being also a member. The governor appoints two
other members for terms of four years each, one term expiring every two years.
Employers and employees are to be represented by these appointees who are
to give full time to their employment and receive salaries of $4,000 each. Thei
chairman receives an additional salary of $1,200 for his services on the com
mission. The commission may appoint a secretary-treasurer and such clerical
and other assistants as it may deem necessary, subject to the approval of the
governor. Offices are to be furnished at Atlanta, deputies may be appointed,
and sessions may be held by the commission or any member at any place within
tlie State as may be deemed necessary by the commission. The commission
has power to make rules in conformity with the act for carrying out its pro
visions, to subpoena witnesses, administer oaths, and examine books and records.
Processes and procedure are to be summary and as simple as reasonably may
be. Enforcement of attendance and the giving of testimony is in the hands
of the superior courts on application of the commission, a member or deputy
164
WOJRKMEN'3 COMPENSATION IAWS— UNITED STATES
thereof. Blank> are to be prepared and supplied free of charge from which
accident reports are to be tabulated, but the names of employers or employees
shall not appear, nor shall the employers’ reports be open for public inspec
tion, though the parties interested, to the extent of their interest may see
them.]
Sk<\s.‘ 5.VT)7, 58 (as amended 1025, p. 282), 59-64. Procedure.— [In case of
injury or death, parties interested may agree, after 14 days from the date of
a nontatal injury, or any time alter the death, and file a memorandum oi the
agreement witli the commission for approval. Otherwise it is voidable by
the employee or h:s dependents, but if approved the memorandum of agree
ment is enforceable as a decree or judgment of the superior court. If the
parties fail to agree, or if there is a disagreement as to the continuance of
payments under an agreement, either party may apply to the commission for
a hearing. Hearings and determination are to be summary and a copy of the
award shail be immediately sent to the parties to the dispute. Either party
may ask for a review within seven days from the date of the notice, where
upon the full commission shall review the evidence, or if deemed advisable,
hear the parties, their representatives and witnesses and enter their award
together with the rulings of law. Is: a single commif-tfoner has been delegated
the duty of taking additional evidence, the full commission must consider it
before rendering a decision.
Awards as above are final unless within 80 days an appeal is taken to the
superior court, stating the grounds on which the application is based. The
order will be ;*et aside if it is found that the commission acted without or in
excess of its powers, that the order or decree was procured by fraud, that the
facts do not support the order or decree, or that there was not sufficient com
petent evidence to warrant it, or finally, that it was contrary to law. If none
of these grounds apj>oar. the court must affirm the findings appealed from. If
set aside, the court may remand the case to the commission or may itself enter
judgment on the findings according to the nature of the case.
The commission may certify questions of law to the State court of appeals,
and an appeal may be taken from the superior court to thnt court. Tn ca<e of
such reference or apiteal to the court of appeals, such action operates as a su
persedeas if the employer ha* complied with the provisions o* the act as to
insurance, and no iwyments will be required until the questions are answered or
the appeal determined.
Awards on appeal, or those affirmed on appeal, mny be filed with the su
perior court of the county which shall thereupon render judgment in accord
ance therewith, such judgment to have the ;-;ame effect as if rendered in a
suit duly heard and determined by the court. If payment of compensation is
insured or provided for according to the terms of the act, no judgment shall
be entered or cx-vution issued except on application to the court and for
good cause shown. If it appear.* to the commission or the court that proceed
ings have been brought, prosecuted or defended without reasonable ground,
the whole cost of the proceedings may be assessed upon the moving party.
The commission may. on application of either party or on its own motion,
appoint a disinterested physician to examine and testify to the physical condi
tion of an injured employee at the expense of the State.
Attorneys’ and physicians* fees are to be reasonable, and subject to approval
by the commission, which h^r control of all questions in dispute, except as
otherwise heroin provided.]
Sec. 65 (as amended 1923, p. 92). Reports of injuries.— [Employers under
the act as required to keep records of all injuries to their employees on blanks
approved by the commission, forwarding a report of the same within 10 days
after the occurrence and knowledge thereof. Injuries to be reported are those
that require medical or surgical treatment or that cause absence from work
for more than seven days. A supplementary report must be made on the
termination of the disability. Failure to report is penalized but if the em
ployer has reported the injury to his insurance carrier for transmission to the
industrial commission, the penalty for failure will lie against the insurance
carrier, j
Sec. 66. Imurarwe.— [Employers under the act must fully insure and keep
insured their liability thereunder in an authorized corporation or organiza
tion, or by mutual insurance, unless otherwise ordered or permitted by the
commission. If self insurance is approved the commission may in its discre
tion require the deposit of acceptable security or bond covering the liabilities
TEXT OF LAWS— GEORGIA
165
that may be incurred. Nothing in this section is to bo construct! as requiring
an employer to place liis entire insurance with a single insurance carrier.!
Sec. 07 (as amended 192$, p. 92). Evidence of insurance.— [Employers are
required lo liitv annually, or as often as the commission deems necessary, satis
factory evidence of compliance with the provisions relative to insurance.]
S kc. 08. Nelf-inxurance.— [Certificates of self-insurance issued to approved
employers, to bo in force for a fixed period unless revoked on at least (50 days’
notice and hearing. New certificates may issue on petition after revocation.]
Skc*. *«>. Substitutes.— [Employers may enter into or continue any approved
agreement with their employees in lieu of the provisions of this act. Such
systems mn«t confer at least equivalent benefits, and if employees make con
tributions. there must be added benefits at least commensurate thereto. Such
system may be terminated by the commission on reasonable notice and hearing
if it apiiears that the scheme is not fairly administered, that there is danger of
insolvency, or if it fails to accomplish the purposes of the act. The proiier
distribution of assets is to be made by the commission subject to appeal to the
superior court of the county of the employer’s principal office or chief place
of business.]
Secs. 70-72. insurance policies*.— [Policies of insurance, including mutual,
reciprocal, and interinsurance contracts, must provide that notice or knowl
edge of an injury on the part of ihe employer is to be deemed notice or knowl
edge on the part of the insurer or insurers, also that they accept jurisdiction
and are bound by the awards, judgments, or decrees rendered against the em
ployer. Provision must also be made for direct liability of payments of com
pensation installments, not affected by any default in giving notice required
by such policy or otherwise, the policy to be enforceable in the name of the
person entitled to compensation. All policies and contracts are deemed to have
been made subject to the provisions of this act. The form of any such con
tract or policy must be approved by the commission. The act does not apply
to policies or insurance against loss from explosion of boilers or flywheel3
o.v other similar catastrophe hazards.]
Sec. 73. Premium rates.— [All premiums charged must be fair, reasonable,
and adequate, with duo allowance for merit rating; if covering risks of the
same kind and degree of hazard, they must be at the same rate by the same
carrier. Basic rates are to he f'led with the insurance commissioner and no
policy shall be valid until such tiling and approval. Modification plans based
on physical inspection or experience must also be filed and approved. Insur
ance carriers of all classes must make reports to the insurance commissioner
as provided by law. and for the purpose of determining solvency and adequacy
of rates and reserves the insurance commissioner may inspect all books and
records and examine agents, officers, and directors under oath.]
S ec. 74. Severability.— [The unconstitutional!ty or invalidity of any section is
not to affect the validity of other parts of the act.]
Sec. 75. Act in effect.— [The law came into effect March 1, 1921.]
Sec. 76 (as amended 1922, p. 77). Expenses to bo met.— [The total expenses
of the commission are to be prorated among the insurance companies writing
compensation insurance in the State, and self-insurers. The gross earned
premiums of the companies and the amount of premiums which a solf-insurer
will have to pay if insured are the basis, semiannual payment being required
subject to adjustment at the end of each year.]
HAWAII
R E V IS E D L A W S -1025
C h a p t e r 209.— W orkm en's compensation law
Suction 3604. Scope of law.—This# chapter shall apply to any and all indus
trial 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.
Sec. 3005. Public employments.—This chapter shall apply to employees (other
than officials as hereinafter defined) of the Territory, and all counties, and all
other political subdivisions within the Territory.
Sec. 3606. Injuries not covered.—>\o compensation shall be allowed for an
injury caused (1) by the employee's willful intention to injure himself or to
injure another, 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. 3607. Remedy exclusive.—The rights and remedies herein granted to an
employee on account of a i>ersonal injury for which he is entitled ro compensa
tion 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 the 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 employment, and all contracts of hiring
in this Territory shall be presumed to include such an agreement.
Sec. 3608. Liability of third persons.— [If a third person is liable for injuries
suffered, the employee may sue him or claim compensation; if the latter, the
employer is subrogated to the employer's rights, but any excess recovery, less
costs, goes to the employee or his dependents. The amount of compensation
paid or payable shall not be put in evidence in an action for damages.]
Sec. 3609. Contracting out.—No contract, rule, regulation, or device what
soever shall operate to relieve the employer in whole or in part from any
liability created by this chapter.
Sec. 3630. Death benefits.—If death results from the injury within six
months, the employer or the insurance carrier shall pay to the persons entitled
to compensation; or if there be none, then to the personal representative of the
deceased employee, burial expenses not to exceed $100; 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 3618.
(a)
To the dependent widow or widower, if there be no dependent children,
40 per cent.
ib) To the dependent widow or widower, if there be one or two dependent
children. 50 per cent; or if there be three or more dependent children, 60 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, and the indus
trial 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 30 per cent, with 10 per cent additional
for each child in excess of two, with a maximum of 50 per cent, to be divided
equally among such children if more than one.
(d) If there be neither dependent widow, widower, nor child, but there be
a dependent father or mother, then to such parent, if wholly dependent 40
per cent, or if partially dependent 25 per cent, or if both parents be dependent
then one-half of the foregoing compensation to each of them; or, if there be
166
TEXT OP LAWS— HAWAII
167
no such parents, but a dependent grandparent, then to every such grandparent
the same compensation as to a parent.
(e)
If there be neither dependent widow, widower, child, parent, or grand
parent, but there be a dependent grandchild, brother, or sister, or two or more
of them, then to .such dependents 25 per cent for one such dependent and 5
per cent additional for each additional such dependent, with a maximum of
40 per cent to be divided equally among such dependents if more than one.
Sec. 3011. Dependent*.—The following persons, and they only, shall be
deemed dependents and entitled to compensation under the provisions of this
chapter.
A child if under 1C 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 dependent, wholly
or partially, upon the deceased at the time of her injury.
A parent or grandparent only if actually dependent, wholly or partially,
upon the deceased.
A grandchild, brother, or sister only if under 16 years of age. or incapable
of self-support, and wholly dependent upon the deceased. The relation of
dependency must exist at the time of the injury.
An alien shall not be considered a dependent within the meaning of this act
unless actually residing within the United States, and any alien dependent
leaving the United States shall thereupon lose all right to any benefits under
this chapter.
Si:e. 3012. Periods of compensation.—The compensation herein provided for
shall bo payable during the following periods:
To a widow, until death or remarriage, but in no case to exceed 312 weeks.
To a widower, during disability or until remarriage, but in no case to
exceed 312 weeks.
To or for a child, until 16 years of age, but in the case of a child incapable
of self-support and unmarried as long as so incapable, but in no case to exceed
104 weeks beyond said age of 16 years.
To a parent or grandparent, during the continuation of a condition of actual
dependency, but in no case to exceed 3.12 weeks.
To or for a grandchild, brother, or sister, during dependency as hereinbefore
defined, but in no case to exceed 312 weeks.
Upou the cessation of compensation under this section to or on account of
any person, the compensation of the remaining persons entitled to compensa
tion 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.
S ec. 3613. Who are dependents.—As used in this chapter the term “ child”
includes stepchildren, adopted children, posthumous children, and illegitimate
children, acknowledged previous to the injury, but does not include maiTied
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 de
pendent. The term “ grandchild ” includes children of adopted children and
children of stepchildren, but does not include stepchildren of children, step
children of stepchildren, stepchildren of adopted children, nor married grand
children, unless dependent. The term “ parent” includes step-parents and
parents by adoption. The term “ grandparent ” includes parents of parents by
adoption, but does not include parents of step-parents, step-parents of parents,
nor step-parents of step-parents.
Sec. 3614. Basic wages, etc.—In computing death benefits the average weekly
wages of the deceased employee shall be considered not to be more than $36
nor less than $5: but the total weekly compensation shall not exceed in any
case the average weekly wages computed as provided in section 15, nor shall
the amount of compensation paid in any case exceed in the aggregate the sum
of $5,000.
Payment of death benefits by an employee in good faith to a dependent
subsequent in right to another or other dependent 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 in
dustrial accident board to decide between them.
168
w o r k m e n 's COMPENSATION IAWS— UNITED STATES
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 staled in section 9.
The compensation of a person who is insane shall be paid to his or her
guardian.
Wee. 361 i). Medical, etc., aid.— [The employer must immediately furnish an
injured employee such medical, surgical and hospital services and supplies as
the nature of the injury may require, costs to be according to prevailing
standards. If not so supplied, the employee may secure rhe same at the em
ployer's cost. Willful refusal of services or obstruction of treatment may. in
the discretion of the board, be construed as a waiver !n whole or in part of
the employee’s right to such aid. 1
Sec. 301C. Total d is a b i li t y Where the injury causes total disability for
work the employer during such disability, but not including the first seven days
thereof, shali pay the injured employee a weekly compensation equal to 60
per cent of his average weekly wages, but not more than $20 nor less than. $5
a week, except as in the next succeeding paragraph provided. In no case shall
the weekly payments continue after the disability ends, nor longer than 812
weeks, nor shall the amount of compensation paid in any case exceed in the
aggregate the sum of $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 $5 a week
the weekly compensation shall be the full amount of the average weekly wages,
but where the disability is permanent the weekly compensation in such eases
shali be $5. In case the total disability begins after a period or* partial dis
ability, tiie period of partial disability shall be deducted from the aforesaid
tola I period of 812 weeks.
In the case of the following injuries the disability caused thereby shall bo
deemed total and permanent, to w it:
(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 buth legs or both arms or oi* one leg and one arm.
(0) An injury to the skull result mg in incurable imbecility or insanity.
The above enuincrnch'u is not. to be taken as exclusive.
Sec. 3617. Partial dinabUity.— {a) Partial disability. Where the injury
causes partial disability for work, the employer, during such disability and for
a period of 312 weeks beginning with the first day of disability, shail pay the
inj mod workman a weekly compensation equal to 50 per cent of the difference
between his average weekly wages before the accident and the weekly wages
he will most probably be able to earn thereafter, but not more than $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 312 weeks, nor shall
the amount of compensation paid in any case exceed in the aggregate the sum
of $5,000. But no adjudication of disability shali be made until after two
weeks from the dale of injury.
(b)
Permanent partial disability. In case of disability partial in character
but permanent in quality the compensation shall be 50 per cent of the average
weekly wages and shall be paid to the employee for the period named in the
schedule as follows:
Thumb. For the loss of a thumb, 60 weeks.
First finger. For the loss of a first finger, commonly called index finger,
46 weeks.
Second finger. For the loss of a second finger, 30 weeks.
Third finger. For the loss of a third finger, 25 weeks.
Fourth finger. For the loss of a fourth finger, commonly called the little
finger, 15 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 en
tire thumb or linger: Provided, however, That in no case shall the amouut re
TEXT OP LAWS— HAWAII
169
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, 38 weeks.
Other toes. For the loss of one of the toes other than the great toe*
16 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 compensation shall be
one-half of the amount specified. The loss of more than one phalange shall
be considered as the loss of the entire toe.
Hand. The loss of a hand, 244 weeks.
Arm. For the loss of an arm, 312 weeks.
Fool. For the loss of a foot, 205 weeks.
Leg. For the loss of a leg, 88 weeks.
Eye. For the loss of an eye, 128 weeks.
Ear. The permanent and complete loss of hearing in both ears, 312 weeks.
Tho permanent and complete loss of hearing in one ear, GO weeks. The loss of
both ears, 128 weeks. The loss of one ear, 60 weeks.
Loss of use. Permanent loss of the use of hand, arm, foot, leg, eye, thumb,
finder, toe, or phalange shall be considered as the equivalent of the loss of
such hand, arm, foot, leg, eye, thumb, finger, toe, or phalange.
In cases of permanent partial disability, due to injury to a member named
in this schedule, resulting in less than total loss of the member or in less than
total loss of use thereof, and where the disability is not otherwise compen
sated in this schedule, compensation shall be paid at the rate prescribed in
this schedule for the total loss of or the total loss of use of the member, and
for a period to be determined as follows: The percentage of permanent partial
disability to total disability for the same member in the schedule shall be
(letenniueu and the compensation hereinabove prescribed shall be paid for .such
portion of the period hereinabove prescribed for total loss or total loss of use
c-i i no mendier, as such percentage of disability bears to total disability of the
member.
Amputation. Amputation between the elbow and the wrist shall be considered
as (lie equivalent of the loss of a hand. Amputation between the knee and the
anfcie shali be considered as the equivalent of the loss of a foot. Amputation
at or ai:ove the elbow shall be considered as the loss of an arm. Amputation
at or above the knee shall be considered as the loss of a leg.
The compensation for the foregoing specific injuries shall be in lieu of
all other compensation, except the benefits provided in sections 3615 and
80i6: Provided, however, That payments of compensation under this section
shall not commence until after the period of total or partial disability shall
have terminated.
In ease oli 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 disfigurement, but not to
exceed $5,000.
Other cases. In all other cases in this class of disability the compensation
shall i»e 50 per cent of the difference between his average weekly wages and his
wa^e-carnlng capacity thereafter in the same employment or otherwise, payable
during the continuance of such partial disability, but subject to reconsideration
oif Ihe degree of such impairment by the board on its own motion or upon
application of any party in interest: Provided, however, That in no case under
thi' paragraph shall the weekly payments continue for a longer period than
811? week*. The total compensation under this section and the total compen
sation under section 361.6, taken together, shall not exceed in the aggregate
llie sum of $5,000.
o>:c. 3618. Computation of wages,—Average weekly wages shall be computed
in such a manner as is best calculated to give the average weekly earnings of
the workman during the 12 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, or the terms of the
employment, it is impracticable to compute the rate of remuneration, regard
may he had to the average weekly earnings, which, during the 12 months pre
vious 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.
170
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COMPENSATION LAWS— UNITED STATES
If a workman at the time of the injury is regularly employed in a higher
grade of work than formerly during the year and with larger regular wages,
only such larger wages shall be taken into consideration in computing his aver
age weekly wages.
Sec. 3019. Advances.—Any payments made by the employer or his insurer to
the injured workman during the period of his disability, or to his dependents
which, by the terms of this act, were due and payable when made, may, sub
ject to tlio 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 compensation must be paid, and
not by reducing the amount of the weekly payments under sections 3610 and
3617.
Sec. 3020. Time of payments.—The board, upon the application of either
party, may, in its discretion, having regard to the welfare of the employee and
the convenience (if the employer, authorize compensation to be paid monthly
or quarterly instead of weekly.
S kc. 3021. Lump sums.—Whenever the board determines that it is for the
best interest of all parties, the liability of the employer for compensation may,
on application to the board by any parly interested, be discharged in whole or
in part by the payment of one or more lump sums to be fixed by the board.
S ec. 3022. Trustees.— ’Whenever for any purpose the hoard deems it expedient
any lump sum which is to be paid as provided in section 3021 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 \hereto 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. 3023. Medical eraminulionx.— [During disability an injured workman,
whenever ordered by the board, must submit to examination by a physician
designated and paid by the employer, but may have lii«s own physician present.
Refusing or obstructing examination suspends benefits, and no compensation
shall be payable for the period of nicli refusal or obstruction.]
S e c s . 3024-3028. Notice and eh/im.— [Notice of injury must be given as
soon as practicable and claim pi ami within three month*, or in case of
death within three mouths after the death: death claims must he submitted
whether or not the employee himself has applied for compensation. If
medical, etc., benefits or compensation payments have been voluntarily made,
the making of claim as above is not required. Notice and claim are to be
made in writing, and may be made at the same time, either by the claimant
himself or someone in his behalf. Notice to one of the parties, or the
agent or officer of t\ corporation may be construed as notice to the employer
and shall be by delivery or by registered loiter. Inaccuracies not actually
misleading will not invalidate notice, nor will want or delay of notice be a
bar to the claim if it appears that the employer, the agent or representative
had knowledge of the accident, or that the employer was not prejudiced by
such delay or want of notice. Limitations of time do not: run against minors
or incompeteut persons so long as they have no guardian or next friend.]
Secs. 3029-3032. Industrial accident board.— [Boards of five members ap
pointed by the governor for each county of the territory are provided for.
Appointees hold office for terms of five years, one term expiring each year.
Each board has jurisdiction in its own county unless the principal business
or occupation of the employer is in another county, when the board of such
county has jurisdiction. No salary is provided for the members, though their
expenses arc to be paid. Salaried employees may be appointed as deemed
necessary.
Boards have power to make rules for carrying out the provisions of the
act, may subpoena witnesses, administer oaths, examine books and records, etc.
Process and procedure are to be summary and as simple as reasonably may
be. The circuit court has power to enforce attendance, the testimony of
witnesses, and the production and examination of books, papers, and records.
The board is to furnish free of charge necessary blanks for employers and
employees.]
Secs. 3633-3045. Procedure.— [The parties may agree as to compensation,
and file a memorandum with the board, which, if approved by it becomes
enforceable as an award. No agreement for a less sum than that found by
the board to be due will be a bar to a determination of the controversy upon
TEXT OF LAWS-rHAWAll
171
its merits, or to the award of a birger sum by the board. If the claim is not
settled by agreement, the board may provide for a full trial and an award,
stating conclusions of fact and rulings of law. Prior to the filing of the
claim either party may apply to the board for the formation of a committee
of arbitration of three members, one of whom shall be a member of the board,
the other two being named by the parties, or after seven days, the board
may fill the vacancy. Such arbitration committee proceeds the same as the
board.
Each board may appoint a duly qualified impartial physician to examine
the injured employee, fees and excuses of arbitrators to be paid out of the
funds appropriated by the legislature.
The board may review an award, or take action if the committee fails to
make an award within 80 days after its formation. It may at any time, either
on its own motion or on the application of any party, reopen any case on the
ground that fraud has been practiced; reviews may be had not oftener than
once in six mouths on the ground of a change of conditions. Modification may be
made, but does not affect, commutations of payments as provided in section 3621.
Awards of boards are conclusive unless within 20 days appeal is taken to the
circuit court, which may prescribe the procedure to bo followed. The right
of trial by jury shall be deemed to be waived unless claimed within 10 days
from the date the appeal was entered. Questions of law may be certified by
the board to the supreme court of the Territory.
A certified copy of an award not appealed from, or if appealed from not sus
pended by supersedeas or stay, or a certified copy of a memorandum of agree
ment approved by the board, may be filed with the circuit court and be enforce
able as a decree or judgment by the court. Where an award i3 appealed from,
but payments are not staid, it must be provided that the award will become null,
and void in the event of the court setting aside the decision or award of the
board.
If on any proceedings the committee or court finds that proceedings have
been brought, prosecuted, or defended without reasonable ground, the whole
cost may be assessed against the offending party.
In general all questions under the act not settled by an agreement of the
j tarlies are determinable by the board, except as otherwise herein provided.
Appeals do not operate as a supersedeas or stay unless so ordered. If awards
are revoked or modified, the court iu which they have been filed shall revoke
or modify its prior decree or judgment.]
Sec. 3646. Injuries outside the Territory.—If a workman who has been hired
in this Territory receives personal injury by accident arising out of and in the
course of such employment, he shall be entitled to compensation according
to the law of this Territory, even though such injury was received outside this
Territory.
If a workman who has been hired outside of this. Territory is injured while
engaged in his employer's business, and is entitled to compensation for such
injury under the law of the State or Territory whore he was hired, he shall be
entitled to enforce against his employer his rights in this Territory if his
rights are such that they can reasonably be determined and dealt with by
the board and the court in this Territory.
S ecs. 3647, 3648. Preferences and assignments.— [Claims for compensation
have the same preferences as unpaid wages. •They are not assignable, and
are exempt from the claims of creditors. Physicians and attorneys’ fees are
not a valid claim against the person unless and until approved by the board.]
S ecs. 3649-3657. Insurance.— [Private employers must secure compensation
for their employees by insuring, depositing securities, or furnishing satisfactory
proof of their ability as self-insurers. Questions of sufficient security or finan
cial ability are subject to review by the circuit court of appeals. Employers
must notify the hoard of insurance taken out under the above requirements.
Failure to comply entails a penalty of $1 a day for each employee, and after
30 days default, the employer may be enjoined from carrying on his business
until compensation is secured as required. Policies must cover the entire lia
bility of the employer and enable the employees to enforce in their own names
their individual rights. Policies must be of a standard form, approved by
the board, and must contain a provision that, as between the employee and
the insurance corner the employer’s notice or knowledge shall be deemed to
be notice or knowledge on the part of the carrier, and that it accepts juris1965°—26------12
172
w o r k m e n ’s COMPENSATION LAWS----UNITED STATES
diction in case of awards, etc., against him. The employer's insolvency does
not relieve the carrier as respects payments on aceount of injuries sustained
during the life of the policy. Cancellation of policies is not permitted during
a term without at least 10 days* notice. The Territory and its municipalities
may insure with any authorized carrier. No agreement by employees to pay
any portion or the insurauce premium, or to contribute to benefit funds is
valid; deductions from wages for such purposes arc a misdemeanor.]
S e c . 8058. inspections.—-The board shall have the right to inspect the plants
and establishments of all employers in the Territory, and the inspectors des
ignated by the b< ard shall have free access to such premises during regular
working hours, and at other reasonable times.
Sec. 36o9. Reports of accidents.— (Employers must keep records of all known
injuries to employees, and report those causing absence from work of one day
or more on blanks to be procured from the board. Supplemental reports are to
be made on the termination of disability, or within 60 days, if the disability
extends beyond that period, with a final supplemental report. Reports are to
give prescribed data, and such other information as the board may require.
Reports of total compensation paid, and of medical services are to be made
within 60 days after the termination of the disability.]
Seo. 3660. Interstate commerce.—This chapter shall affect the liability of
employers to employees engaged in interstate or foreign commerce or otherwise
only so far as the same is permissible under the laws of the United States.
Sec. 3661. Reports of boards,—Annually on or before the 1st day of February
the board of each county shall make a report to the governor, which shall
be transmitted to the legislature and which shall include a properly classified
statement of the expenses of the board, together with any other matters which
the board deems proper to report, including any recommendations it may desire
to make.
h»EC. 3662. Acts of majority.—Whenever under this chapter any award, order,
rule, regulation, or decision is required or authorized to be made by the board
or by a committee of arbitration the action of a majority of the members of
such board or committee shall be considered as the action of such board or
conmiiir.ce, respectively, as the case may be.
Seo. 3663. Definitions.—In this chapter, unless the context otherwise requires:
(a)
“ Employer,” unless otherwise stated, includes any body of persons,
corporate or unincorporated, public or private, and the legal representative of
a deceased employer. It includes the owner or lessee of premises, or other per
son 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 insured it includes his insurer as far as applicable.
(ft) “ 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 purpose of the employer’s trade or
business, or whose remuneration from any one employer, excluding pay for
overtime, exceeds §36 a week. Any reference to a workman who has been
injured shall, where the workman is dead, include a reference to his deitendents
as herein defined, if the context so requires, or, where the employee is a minor
or incompetent, to his guardian or next friend.
(c) “ Injury” or “ personal injury” includes death resulting from injury
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.
(v ) “ 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.
It does not include the employment of public officials who are elected by
popular vote or who receive salaries exceeding $1,800 a year.
if) The word “ board” or words “ industrial accident board,” whenever used
in this chapter, unless the context shows otherwise, shall be taken to mean the
industrial accident board of the resi>ective county.
TEXT OP LAWS— HAWAII
173
(jj) “ Partial disability.” Diminished ability to obtain employment owing
to disfigurement result ing from an injury may be hold to constitute partial dis
ability.
(h) “ Wages” shall include the market value of board, lodging, fuel, and
other advantages which can be determined in money which the employee re
ceives from ilie 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.
(/) “ Insurance carrier” shall include stock corporation or mutual associa
tions from any of which employees have obtained workmen’s compensation in
surance or guaranty insurance in accordance with the provisions of this chapter.
(j) The word “ county” includes the city and county of Honolulu.
( k ) Any term shall include the singular and plural and both sexes where
the context so requires.
Sec. 3064. Provisions severable.—If any part or section of this chapter be
decided by the courts to be unconstitutional or invalid, the same shall not affect
the validity of the chapter as a whole or any part thereof which can be given
effect without the part so decided to be unconstitutional or invalid.
Sisc. 3G05. False representations.—If for the purpose of obtaining any benefit
or payment under the provisions of this chapter, either for himself or for any
other person, anyone willfully makes a false statement or representation, he
shall be guilty of a misdemeanor and liable to a fine of not exceeding $250.
Skc. 36GG. Rules of construction.— (a) The rule that statutes in derogation of
the common law are to be strictly construed shall have no application to this
act.
(?>) This act shall be so interpreted and construed as to effect its general
purpose to make uniform the law of those States which enact it.
S k c . 3067. Title.—This chapter may be cited as the “ Workmen’s compensa
tion law.”
IDAHO
COMPILED STATUTES—1919
Chapter 230.—Compensation of workmen for injuries
Article 1
Section C213. Employments covered.—This chapter shall apply to all public
employment as defined in section 0215 and to all private employment in a trade
or occupation which is carried on by (he employer for the sake of pecuniary
gain, not expressly excepted by the provisions of section 0210.
Sec. 0214. Common-law system abolished.— [The nature and effects of the
common-law system of action for injuries to employees are set forth, and the
redress for such injuries is “ withdrawn from private controversy,” all juris
diction of the courts over such causes is abolished except as in this chapter
provided.]
Sec. 0215. Public employment.—This chapter shall apply to emploj-ee.s of the
State and of all counties, cities, cities under special charter or commission form
of government, villages, school districts, irrigation districts, drainage districts,
highway districts, road districts, and other public and municipal corporations
within the State; but not to public officials who are elected by popular vote or
who receive salaries exceeding $2,400 a year. Policemen and firemen and
others entitled to pensions shall be deemed employees within the meaning of
this chapter. If, however, any policeman or fireman or other person entitled
to a pension claims compensation under this chapter there shall be deducted
from 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.
Sec. 0210 (as amended 1921. ch. 220). Excluded employments.—None of
the provisions of this chapter shall apply to (1) Agricultural pursuits; (2)
household domestic service; (3) casual employment; (4) employment by chari
table organizations; or (5) employment of outworkers; or of (0) members of
the employer’s family dwelling in his house, unless the employer and employed
expressly agree in writing filed with the board that the provisions of the chap
ter shall apply. Any such agreement, may be terminated by either party upon
00 days’ notice to the other and to the board in writing prior to any accident.
Agricultural pursuits, as used herein, shall include the caretaking and
haudling of livestock on inclosed lands and public ranges.
Article 2
Section 0217. Right to oo-mpensation.—If a workman receives personal in
jury by accident arising out of and in the course of any employment covered
by this chapter his employer or the surety shall pay compensation in the
amounts and to the person or persons hereinafter specified.
Sec. 0218. Injuries not covered.—No compensation shall be allowed for an
injury caused (1) by the employee's willful intention to injure himself or to
injure another, 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.
Skc. 0219. Remedy exclusive.— [Rights and remedies for injuries compensable
under this act are exclusive, and contracts involving service outside the State
will be presumed to include an agreement to that effect.]
Sec. 0220. Injuries by third persons.— [Where a person other than the em
ployer is liable in damages, the employee may either claim compensation or
sue; but if he claims compensation, the person liable therefor is subrogated
to the rights of the injured employee; but any excess recovery, less costs, goes
to such employee.]
Secs. 0221, 0222. Contracting out.— [Waivers of the obligations fixed by this
not are forbidden, but substitute schemes may be adopted, if approved by the
board, by which at least equivalent benefits will be secured; and if the em
ployees contribute, corresponding added benefits.]
174
TEXT OF LAWS— IDAHO
175
A rticle 3
S ectio n 6223 (as am ended 1921, ch. 217). Compensation for death.— I f death
results from the in ju ry w ithin tw o years, the em ployer or the surety shall pay
to the personal representative o f the deceased em ployee burial expenses not to
exceed $200, and shall also pay to or for the follow in g persons for the follow
in g periods a w eekly com pensation equal to the follow in g percentages o f the
deceased em ployee's average w eekly w ages as defined in section 6237.
(1) To the dependent widow or widower, if there be no dependent children,
45 per cent.
(2) To the dependent widow or widower, if there be a dependent child or
children, 55 per cent for such widow or widower and children. Such compen
sation 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 compensation between them in such way as it deems best.
If a child has a guardian other than the surviving widow or widower, the com
pensation payable on account of such child shall be paid to such guardian.
(3) If there be no dependent widow or widower, but a dependent child or
children, 25 per cent for one child and 10 per cent for each additional child,
not to exceed a total ot 55 per cent to be divided equally among such children
if more than one.
(4) To the parents, if one be wholly dependent'for support upon the de
ceased employee at the time of his death and the other is not dependent to
any extent, 25 per cent; if both are wholly dependent, 20 per cent to each;
if one 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 55 per cent.
(5) To the brothers, sisters, grandparents, and grandchildren, if one be
wholly dependent upon the deceased employee for support at the time of his
death, 20 per cent to such dependent; if more than one be wholly dependent,
30 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, 10 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 par
ents, will not exceed a total of 55 per cent.
(6) In case there are two or more classes of persons entitled to compensa
tion under this section and the apportionment of such compensation, above pro
vided, would result in injustice, the board may, in its discretion, modify the
apportionment to meet the requirements of the case. In case there are no de
pendents of deceased employee, the employer shall pay into the State treasury
to be deposited in the industrial administration fund the sum of $1,000.
Sec. 6224. Dependents.—The following persons, and they only, shall be
deemed dependents and entitled to compensation under the provisions of this
chapter:
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 dependent, 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.
Sec. 6225. Periods of compensation.—The compensation herein provided for
shall be payable during the following periods:
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.
176
w o r k m e n 's COMPENSATION LAWS— UNITED STATES
To or for a child, until 18 years of age. but in the Cii.se 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 sifter, daring dependency as hereinbefore
defined, but in no case to exceed 400 weeks.
Upon the cessation of compensation under this section to or on account of any
person, the compensation of the remaining persons entitled to compensation
for the unexpired part of the period, during which their compensation is pay
able shall be that which such persons would have received if they had been the
only persons entitled to compensation at the time of the decedent’s death.
Sec . (5226. Allens.—Except as otherwise provided by treaty, whenever, under
the provisions of this chapter, compensation is payable to a dependent who is
an alien not residing in the United Suites, the employer shall pay 50 per (tent
of the compensation herein otherwise provided to such dependent, and the
remaining 50 per cent into the State treasury to be deposited in the industrial
administration fund. But if a nonresident alien dependent is a citizen ot* a
government having a compensation law which excludes citizens of the United
States, either resident or nonresident, from partaking of the benefit of such law
in as favorable a degree as heroin 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.
Sec. 6227. Definitions.—As used in the foregoing sections the term “ child”
includes stepchildren, adopted children, posthumous children, and iicknmvledged
illegitimate children, but does not include married children unless dependent.
The terms “ brother” and “ sister” include stepbrothers and stepsisters, half
brothers and half sisters, and brothers and sisters by adoptiou. hut do n<»t in
clude married brothers nor married sisters unless dependent. The term “ grand
child ” includes children of adopted children and children of stepchildren: but
does not include stepchildren of children, stepchildren of stepchildren, stepchil
dren of adopted children, nor married grandchildren, unless dependent. The
term “ parent” includes step-parents and parents by adoption. The ierni
“ grandparent” includes parents of parents by adaption, but dues 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 eases
where persons are treated as adopted as well as those of legal adoption.
Sec. 6228. Death benefits.—In computing death benefits the total weekly com
pensation shall be subject to a maximum of $12 per week, and a minimum of
$6 per week, but if at the time of the injury the employee received wages of
less than $6 per week, then the compensation shall not exceed the full amount
of such wages.
Payment of death benefits by an employer in good faith to a dependent sub
sequent 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 hoard 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 6225.
The compensation of a person who is insane shall be paid to his or her
guardian.
Sec. 6229. Medical attendance.—The employer shall provide for an iujured
employee such 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. Tf the employer fails to provide the same,
the injured employee may do so at the expense of the employer. All fees
and other charges for such treatment and services and compensation 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 person. In determining what fees and charges are reasonable,
the board shall consider the increased security of payment afforded by this
chapter.
TEXT OP LAWS— IDAHO
177
S ec. 6230. Hospital contracts.—Nothing in this act shall be construed as pre
venting employers and workmen from waiving the provisions of section 6229
and entering into mutual contracts or agreements providing for hospital
bene/its and accommodations to be furnished to the employee.
Such hospital contracts or agreements must provide for medical, hospital,
and surgical attendance for such employee for sickness contracted during the
employment (except venereal diseases and sickness as a result of intoxica
tion), 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
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.
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 treatment and services to employees
for sickness and injury, as provided in this act shall be under the supervision
of the board as to services and treatment rendered such employees, and shall,
from time to time, make reports of such services, attendances, treatments,
receipts, and disbursements as the board may require.
Si-:c. 6230A (added 1921, ch. 217). Bonds.— [Before approving any such hospi
tal contract, the board may require a surety bond in the penal sum of $5,000
to secure the faithful performance of the obligation of the chapter as to
medical, etc., aid.]
Sec. 6231 (as amended 1921, ch. 217). Total disability.—Where the injury
causes total disability for work, the employer during such disability, but not
including the first seven days thereof, shall pay the injured employee weekly
compensation equal to 55 per cent of his average weekly wages, but not more
than $12 nor less than $0 per week for a period not exceeding 400 weeks, and
thereafter a weekly compensation of $6 a week.
If such employee have a wife but no dependent minor child, the employer
shall pay to such injured employee weekly compensation equal to 60 per cent
of his average weekly wages, but not more than $13.10 nor less than $6.55
per week, for. a period not exceeding 400 weeks.
If the injured employee have a wife and a dependent minor child or chil
dren. or. being a widower, having any such dependent minor child or children,
the weekly payments in the preceding paragraph shall be increased by 5 per
cent of the average weekly wage for each such child, but the total weekly
compensation shall not exceed $16 ]>er week. If such total disability shall
exceed a period of four weeks, then he shall receive compensation for three
weeks ami four days and for one day additional for each week after the
expiration of four weeks up to and including the seventh week. In no case
shall the weekly payments continue after the disability ends. In case the
total disability begins after a period of partial disability, the period of partial
disability shall be deducted from such total period of 400 weeks.
Sei . 6232. Presumptions.—In the case of the following injuries in the
absents, of conclusive proof to the contrary 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 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.
Seo. 6233 (as amended 1921, ch. 217). Partial disability.—Where the in
jur.^ causes partial disability for work, the employer during such disability
and for a period not exceeding 150 weeks, shall pay the injured workman a
weekly compensation equal to 55 per cent of the difference between this
[his] average weekly wages before the accident and the weekly wages he is
able to earn thereafter, but not more than the weekly compensation provided
178
w o r k m e n 's COMPENSATION LAWS— UNITED STATES
in section G231. In no case shall the weekly payments continue after the (Us
ability ends, and in case the partial disability begins after a period of total
disability the period of total disability shall bo deducted from such total
period of 150 weeks.
S ec. 6234 (as amended 1921, ch. 217). Schedule.—Iu the case of the follow
ing injuries the compensation shall be 55 per cent of the average weekly
wages, but not more than the weekly compensation provided in Section 6231,
in addition to all other compensation, for the periods stated against such
injuries respectively, to wit:
For the loss of—
Weeks
One arm at or near the shoulder__________________________ 200
One arm at the elbow_____________________________________ 180
One arm between the wrist and elbow_____________________ 300
One hand________________________________________________ 150
One thumb and the metacarpal bone thereof________________ 60
One thumb at the proximal joint___________________________ 30
One thumb at the second distal joint---------------------------------- 20
One first finger and the metacarpal bone thereof------------------- 30
One first finger at the proximal joint_______________________ 20
One first finger at the second joint_________________________
15
One first finger at the distal joint_________________________
30
One second finger and the metacarpal bone thereof---------------- 30
One second finger at the proximal joint___________________
15
10
One second finger at the second joint_______________________
One second linger at the distal joint______________________
5
One third finger and the metacarpal bone thereof___________ 20
One third finger at the proximal joint____________________ 12
One third finger at the second joint_______________________
8
One third finger at the distal joint______________________ _
4
One fourth finger and the metacarpal bone thereof-------------- 12
One fourth finger at the proximal joint-----------------------------9
One fourth finger at the second joint______________________
0
One fourth finger at the distal joint_______________________
3
One leg at or near the hip joint as to preclude use of ariitieittl
limb____________________________________________________ 180
One leg at or above the knee where stump remains .sufficient
to permit the use of an artificial limb____________________ 150
One leg between the knee and ankle_______________________ 140
One foot at the ankle_____________________________________ 125
One great toe with the metatarsal bone thereof--------------------- 30
15
One great, toe at the proximal joiut______________________
One great toe at the second joint--------------------------------------- 30
One toe other than great toe with the metatarsal bone-------- 12
One toe other than great toe at proximal joint____________
6
One toe other than great toe at second or distal joint---------3
One eye by enucleation------------------------------------------------------ 120
Total blindness of one eye_______________________________ 300
Total deafness of one ear____ :___________________________ 35
Total deafness of second ear________________________________115
In all other cases in this class, compensation shall bear such relation to the
amount stated in the above schedule as the disabilities bear to those produced
by the injuries named in the schedule.
S kc. 6235. Ifcrnia.—In all cases of hernia resulting from injury alleged to
have been sustained in the course of and resulting from employee's employment,
it must be proven:
(1) That it was an injury resulting in hernia; (2) that the hernia appeared
suddenly and immediately following the injury; (3) that the hernia did not
exist in any degree prior to the injury for which compensation is claimed.
S ec. 6236. Malingering.—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 compensation.
Sec. 6237. Compulation of wages.—Average weekly wages shall be com
puted in such a manner as is best calculated to give the average weekly earn
ings of the workman during the 12 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 ia
TEXT OF LAWS----IDAHO
179
impracticable to compute the rate of remuneration, regard may be had to the
average weekly earnings which, during the 12 months previous to the
injury, were being earned by a person in the .same grade employed at the same
work by the employer of the injured workman, or if there is no person so
employed, by a person in the same grade employed in the same class of employ
ment and in the same district.
If a workman at the time of the injury is regularly employed in a higher
grade of work than formerly during the year and with large[r] regular wages,
only such larger wages shall be takeft into consideration in computing his
average weekly wages.
Sec. 6238. Voluntary payments.—Any payments made by the employer or his
insurer to the injured workman during the period of disability, or to his
dependents, which, by the terms of this chapter, 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 compensa
tion must be paid, and not by reducing the amount of the weekly payments.
S ec. 6239. Times of payments.—The board, upon the application of eirher
party, 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.
S ecs. 6240, 6241. Lump sums.— Ilf the board determines that it is for the
best interest of all parties, awards may be commuted to one or more lump
sums, not exceeding the present worth computed at 4 per cent true discount,
compounded annually. Life expectancies are to- be determined according to
the American experience table of mortality, but lump sums allowed a widow
or widower shall not exceed 100 weeks’ compensation, and shall not be com
muted except at her or his request. If the board deems it expedient, it may
secure the appointment of a trustee to whom the lump sum may bo paid, to bo
administered as the board may provide.]
AimcLE 4
Section 6242. Medical examinations.— [During the period of disability the
injured workman must, if requested by the employer or ordered by the board,
submit to a medical examination at reasonable times and places. He may have
his own physician present. Refusal or obstruction to an examination bars
compensation for the period of such refusal or obstruction. Compensation
may also be suspended or reduced if sanitary or unreasonable practices tend
ing to prevent or retard recovery are practiced.!
S ecs. 6243-6247. Notice and claim.— [Notice of injury must be given as soon
as practicable after its occurrence, and claims submitted within one year
after date of injury or death, the latter whether compensation has been claimed
or not. Ordinary language is required and lack of accuracy not in effect
misleading does not invalidate. Notice and claim must be in writing signed
by the claimant or person in his behalf and may be rendered in person or by
registered letter. Limitations do not run against minors or meutally incom
petents so long as there is no committee, guardian or next friend.]
A rticle 5
S ections 6248-6260. Industrial accident board.— [A board of three members,
to be appointed by the governor and aproved by the senate, serves for terms
of six years. Employers and employees are to be represented, and not more
than two members of the board shall belong to the same political party. One
term expires every two years. The salary is $3,000. The board organizes
itself, a majority being a quorum. It has a seal and office in the capital,
may employ necessary assistants and employees and is to provide necessary
forms, publish and distribute an annual report and other reports and bulletins
as deemed advisable, and should be represented in its proceedings by the
attorney general of the State.]
A rticle 6
Sections 6261, 6262, 6263 (as amended 1921, ch. 217), 6265 (as amended 1921,
ch. 217), 6266, 6268 (as amended 1921, ch. 217), 6269, 6270, 6270A (added
1921, ch; 217), 6271 (amended 1921. ch. 217), 6272 (amended 1921, ch. 217),
180
w o r k m e n 's COMPENSATION LAWS— UNITED STATES
G272A (added 1021. ch. 217), 6273, 6274. Procedure.— [The board or any mem
ber may subpoena witnesses, administer oaths, examine books and records,
enforcement being by the district court by proper proceedings. Process and
procedure are to be summary and simple, following the rules of equity. Ap
proved agreements have the same force and effect as awards. In the absence
of agreement, hearing by a member of the board is provided for, the same to
be held in a convenient place within the county where the accident occurred.
The findings of fact, rulings of law, and a transcript of the evidence are to be
filed with the board by the member holding the hearing. In the absence of
claim for review the provision is enforceable the same as a decision of the
board. An impartial physician may be appointed by the board or any member
to examine the injured employee and report. The fee is fixed at $10 and travel
ing expenses, but reasonable amounts may be added in extraordinary cases.
Such costs are to be paid by the State, but either party may, at his own cost,
have his own physician present.
A claim for review must be filed within 30 days, whereupon the board shall
hear the parties and may revise the decision of the member or refer it back to
him for further findings of fact. Second hearings on questions of fact are not
allowed as a matter of right. The board may -also review any agreement or
award on the ground of change in conditions, or on its own motion or on the
application of either party, but not oftener than once in six months. Awards
are final and conclusive unless within 30 days either party appeals to the
district court, whose jurisdiction is limited to a review of the questions of law.
Such appeal is taken by tiling with the board and with the clerk of the court a
notice of appeal, with notice also to the adverse party or his attorney. "Within
10 days the board files a transcript of the evidence and the case thereafter
shall be tried by the court, a record of the case to be transmitted to the board
within 20 days after any order or judgment of the court unless appealed from,
or of a memorandum of agreement approved by the board entitles the party to
a decree without notice which shall have the same effect as a judgment of the
court. In case of proceedings brought, prosecuted, or defended without rea
sonable ground, the offending party may be charged with the whole cost of the
proceedings. If an employer appeals a case involving compensation, and the
court finds in favor of the employee in an amount equal to or greater than
the award of the board, interest shall be added on the whole amount of the
judgment at 7 per cent per annum from the date of the award by the board:
but if the award is reduced, interest is not required until the date of final
judgment of the court. The same rule applies where the employee or his
dependents made the appeal. Changes in awards must be filed with the district
court which shall modify its prior decree or judgment so as to conform thereto.]
Sec. 6275. Injuries outside of State.—If a workman who has been hired in
this State receives personal injury by accident arising out of and in the course
of such employment, 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** 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.
Article 7
S e c t io n s 6276, 6277. Status of awards.— [Rights to compensation under this
chapter have the same preference or priority as unpaid wages, and are not
assignable and are exempt from claims of creditors. Claims of attorneys and
physicians are subject to the approval of the board.]
A rticle 8
S ec t io n s 6278-6280. 6281 (as amended 1921, ch. 217), 6281A (added 1921;
ch. 217), 6281B (added 1921, ch. 217>, 6282-6287. Security of payments.—
[Private employers must secure compensation by insurance in the State insur
ance fund or deposit satisfactory security: if the latter, notice of the security
must be filed with the State insurance manager in a form prescribed by the
board. Notice of compliance must be posted conspicuously in and about the
place of the employer’s business. Failure to comply with the requirement as
to security is a misdemeanor punishable by fine or imprisonment, or both.
TEXT OF IjAWS— IDAHO
181
Insurance policies ami guarantee contracts must cover ttie entire liability o f
the employer and give to the employees a right to enforce rheir claims directly,
notice to The employer being also notice to the insurer, who accepts the juris
diction of the employer as to orders, findings, and awards. The i>olicy must
also provide that insolvency or bankruptcy of an employer does not discharge
the surety as to liabilities accruing during the life of the policy or contract.
Ten days’ notice of cancellation is required. Insurance costs for municipali
ties are considered part of Ihe ordinary and necessary expenses of the corportion.
No agreement by which an employee is to pay any i>ortion of the premiums
of insurance or to contribute to a benefit fund, except as authorized by the
board, or the cost of security to guarantee compensation payments is valid.]
S ec. 0287A (added 1021. ch. 217). Contractors, etc.—An employer subject to
the provisions of this act shall be liable for condensation to an employee of a
contractor or subcontractor under him or who has not complied with the pro
visions of section 6278 in any case where such employer would have been liable
for compensation if such employee had been working directly for such em
ployer. The contractor or subcontractor shall also be liable for such com
pensation, 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 compensation may recover the same from the contractor or subcon
tractor for whom the employee was working at the time of the accident. Sec
tion 0287A shall be in force as to all contracts made subsequent to March 15,
1021.
A rticle 0
S e c tio n
0288 (as amended 1021, ch. 104). Btaic in*uranee fund.—There i s
hereby created a fund, to be known as the State insurance fund, for the pur
pose of insuring employers against liability for compensation under this work
men’s compensation act and of assuring to the persons entitled thereto the
compensation provided by said law. Such fund shall consist of all premiums
and penalties received and paid into the fund, of property and securities ac
quired 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 department of finance without lia
bility on the part 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 article.
Skcs. 0280-0200 (all as amended 1921, ch. 104). Duties of department of
finance.— [The department of finance is vested with full authority over the
State insurance fund, determines the rates to be charged, and may conduct
all business in relation thereto. The department may sue in its official name
and he sued in the State courts, may make contract of insurance and employ
necessary assistants, experts, accountants, clerks, etc. No personal liability
will be incurred for or on account of any act performed or contract eniered
into in an official capacity in good faith and without intent to defraud. The
department may act through proper deputies and delegate to them such
powers as are deemed necessary or expedieut, including the making of con
tract. of insurance, making agreements as to the settlements of claims subject
to the approval of the industrial accident board, and contracting with physi
cians, surgeons, and hospitals for medical and surgical treatment and care of
injured persons entitled to compensation from the fund.]
S ec. 0297. Custody.— [The State treasurer is custodian of the fund, giving
separate bond, and making payments on warrants or vouchers authorized and
signed by the proper authorities. Portions of the fund not needed for imme
diate use may be deposited, interest earned to be placed to the credit of the
fund. I
Sec. 0298 (as amended 1921, ch. 104).* Surplus and reserve.—Ten per
cenvum of the premiums collected from employers insured in the fund shall
be set. aside by the department of finance for the creation of a surplus until
* T h is a c t a m e n d s th e a d m in is t r a t iv e la w o f t h e S ta te , a b o lis h in g th e d e p a r tm e n t o f
com m erce and
in d u s tr y a n d
t r a n s fe r r in g it s d u tie s
to a n e w ly c r e a te d
d ep a rtm en t o f
fin a n c e .
T he
s u b s t it u t io n
its m a d e
in
su bsequ en t
s e c tio n s
w it h o u t
r e fe r e n c e
to
tiiia
a m e n d in g a c t .
182
w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES
sucli surplus shall amount to the sum of $100,000, and thereafter 5 per centum
of such premiums, until such time as in the judgment of the department such
surplus shall be sufficiently large to cover the catastrophe hazard and all
other unanticipated losses. The department shall also set up and maintain
a reserve adequate to meet anticipated losses and carry all claims and policies
to maturity.
Sec. 6299 (as amended 1925, ch. 129). Investments.— [This section specifies
the nature of investments that may be made with any surplus or reserve fund
belonging to the State insurance fund, as United States bouds and those
issued by Federal farm loan banks or warrants of the State, and its munici
palities, other States and their municipalities and first mortgage security on
Idaho real estate.]
S ec . 6301. Classifications.—Employments insured in the State insurance fund
shall be divided by the department of finance, for the purpose of the said
fund, into classes. Separate accounts shall be kept of the amounts collected
and expended in respect to each such class for convenience in determining
equitable rates; but for the purpose of paying compensation the State insur
ance fund shall be deemed one and indivisible. The department of finance
shall have power to rearrauge any of the classes by withdrawing any em
ployment embraced in it and transferring it wholly or in part to any other
class, and from such employment to set up new classes in its discretion. The
department of finance shall determine the hazards of the different classes
and fix the rates of premiums therefor based upon the total pay roll and
number of employees in each of such classcs 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 a^opt a system of schedule rating in such a manner *as to take
account of the peculiar hazard of each individual risk.
S ec . 6302. Separate accounts.—The department of finance shall keep an
account of the money paid in premiums by each of the several classes of
employments, and the expense of administering the State insurance fund and
the disbursements on account of injuries and deaths of employees in each of
said classes, including the setting up of reserves adequate to meet anticipated
and unexpected losses and to carry the claims to maturity; and also an
account of the money received from each individual employer; and of the
amount disbursed from the State insurance fuud for expenses, and on account
of injuries and death of the employees of such employer, including the re
serves so set up.
S ecs . 6303-6307. Dividends: premium*: policies.— [Annually, and at such
other times as the department may determine, a readjustment of rates shall
be made, and any balance to any class may be credited to the individual
members of such class. If the premiums fixed have been too small, added
assessments may be made, payable 30 days after notice. Premiums based on
estimated pay roll expenditures are subject to readjustment at the end of
the period for which the estimate was made.
Employers receive policies of insurance from the department of finance, on
which premium payments are to be made semiannually, or at such times as
may be prescribed. If an employer is in default the amount due may be
collected in a civil action in the name of the State or of the department, and
the date of such payment shall be the date of the employer's compliance with
the law. Default for 10 days entails liability to a penalty of $1 per day for
each employee, which penalty may be waived in the discretion of the depart
ment, for good cause shown, if the employer pays the premium.]
Sec. 6308 (as amended 3921, ch. 217). Withdrawals.— [Employers not in
arrears may withdraw from the fund by d e b itin g satisfactory security for
the payment of compensation that may become due; but payments must con
tinue until all liabilities are terminated.]
Sec. 6309. Reinsurance.—The department of finance may reinsure any risk,
or any part thereof, and may enter into agreements of reinsurance in the
same way and to the same extent as other insurance carriers.
S ec s . 6310-6314. Duty of employers; inspections.— [Employers in the State
fund must keep accurate records of employees and wages paid, and. on de
mand, furnish a sworn statement of the same to the department of finance.
Such records and the plants of employers may be inspected to verify such
statements. Falsification entails a penalty of ten times the difference be
tween the premium paid and the amount that should have been paid, to be
TEXT OF LAWS— IDAHO
183
collected in a civil action in the name of the State. Willful misrepresentation
is a misdemeanor.
Information acquired by the department in pursuance of the provisions of
this chapter is not to be open to public inspection, and uulawful disclosure is
fl misdemeanor.]
S ec . 6315. Pat/men t of com pen fiat ion.— [Payments from the treasury are to
be made on approved monthly estimates as to current expenditures.]
S ec . 681.6. Public corporations.— A public corporation m ay insure ag ain st
its liab ility fo r com pensation w iili the State insurance fund and not w ith any
other insurance carrier, unless such fund shall refuse to acccpt the risk when
the application fo r insurance is m ade.
A rticle
10
S ec . 6817. Reports of accidents.— [Employers are to keep a record of all
injuries to their employees received in the course of employment, and report
the same within 48 hours, not including Sundays and holidays, if they cause
absence from work of one day or more. A supplemental report is to be
made on the termination of disability, or within 60 days if still disabled, with
a final report on recovery. Prescribed data are to be presented in such
reports, with such other information as the board may require. Within 60
days after the termination of disability a report must be filed with the board
showing the total payments made or to be made for compensation and medical
services.]
S ec . 6817A (ad ded 1921. ch. 217). Sanies of employers.— LTlie departm ent
o f finance is required to file m onthly a list o f all em ployers insured in the
State fund during the calendar m onth preceding.]
S ec . 6817B (added 1921, ch. 217). Employers* reports.— [Employers under
the act are to make semiannual reports of the average number of employees
on their pay roll.]
S ec . 6818. Interstate commerce.— T h is chapter shall affect the liab ility o f
em ployers to em ployees engaged in interstate or foreign com m erce, or other
w ise, only so fa r as the sam e is perm issible under the law s o f the U nited
States.
S ec . 6819. Definitions.— In this chapter, unless the context otherw ise requires,
w ords and phrases shall h ave the m eanings defined in the sections follow ing.
S ec . 6820. Employer.—“ Employer" unless otherwise slated, 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.
S kc. 6821 (as amended 1921, ch. 217). Workman.—“ 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 excepted
employments enumerated in section 6216, unless an agreement as provided in
said section is in force between employer and employee making the provisions
hereof applicable. Any reference to a workman who has been injured shall,
where the workman is dead, include a reference to his dependents as herein
defined, if the context so requires, or, where the employee is a minor or incom
petent, 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 chapter, but in the event
of a lump-sum payment becoming due under this chapter to such minor work
man, the management of the sum shall be within the probate jurisdiction of
the courts the same as other property of minors.
S ec . 6822. Outworkers.—An “ outworker” is a person to whom articles or
materials are given to be treated in any way on premises not under the con
trol or management of the person who gave them out.
S ec . 6823. Injury.—“ Injury ” or “ personal injury ” includes death resulting
from injury within two years.
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w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES
S ec . 6324. Scope.—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 em
ployment. They shail not include a disease except as it shall result from the
injury.
Sec. 6325. Employment.—“ Employment.” in the case of private employers,
includes employment only in a trade or occupation which is carried on by the
employer for the sake of pecuniary gain. it shall also include any of the
pursuits spcciiied in section 6210 when the employer and the employee shall have
elected to come under the chapter as in said section provided.
S ec . 6326. Hoard.— T h e word “ board.” whenever used in this chapter, unless
the context show s otherw ise, shall be taken ro mean the ind ustrial accident
board.
S ec .
6327. Partial disability.—“ Partial disability.”
Diminished ability to
obtain employment owing to disfigurement resulting from an injury may be held
to constitute partial disability.
Sec. 6328. Wages.—**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.
“ Wages ” shall not include any sums which the employer ha.s paid to the em
ployee to cover any special expenses entailed on him by the nature of his
employment.
Sko. 6329. Surety.—“ 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 contracts in ac
cordance with the provisions of this act.
S ec . 6330. X umber and se.r.—Any terms shall include the singular and both
sexes where the context so requires.
S kc. 6331. Provisions severahlr.—If any part or section of this chapter be
decided by the courts to be unconstitutional or invalid, the same shall not affect
the validity of the chapter as a whole, or any part thereof which can be given
effect without the part so decided to be unconstitutional or invalid.
Skc. 6332. False statements.—If for the purpose of obtaining any benefit, or
payment under the provisions of this chapter, 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 he shall forfeit all right to compensation under
this ohapler after conviction for such offense.
Sec. 0333. Prior injuries.—The provisions of this chapter shall not apply to
injuries sustained, or accidents which occur, prior to the taking effect hereof.
S e c . 6334. Construction.—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.
Sec. 6335. Appropriation.—For the purpose of carrying out article 9 of this
chapter there is hereby appropriated out of the funds in the State treasury
not otherwise appropriated, the sum of $20,000 or so much thereof as may be
necessary to be placed in the State insurance fund and to be refunded as pro
vided in section (5300 of this act. There is also hereby appropriated out of the
funds in the State treasury not otherwise appropriated the sum of $15,000. or so
much thereof as may be necessary, to be placed in the industrial administra
tion fund.
Sec. 6336. Title.—This chapter may be cited as the workman’s condensation
law.
ILLINOIS
ACTS OF 1013
Workmen'8 Compensation Act
(Page 335)
S ection 1 (as amended 191.7, p. 505; 1921. p. 446). Employer's election.— An
employer In this Slate, who does not c;>me within the classes enumerated by
section 3 of this act, may dect 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.
( 0)
Every emplo>er within the provision* 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 ins employees until January 1 of tlie 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
compensation herein provided for accidents resulting in either injury or death
and occur ring after the expiration of any such calendar year by filing notice of
such election with the industrial board at least 60 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 service in written or printed form, upon such employees, at least 60
days prior to the expiration of any such calendar year.
t o In the event any employer mentioned in this section elects to 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 30 days after such hiring or after the
taking effect of this ac!. and its acceptance by such employee, he shai* file a
notice to the contrary with the industrial board, whose duty It shall i>e to
immediately notify the employer, and until such notice to the contrary is given
to the employer, the measure of liability of such employer shall be determined
according to the compensation provisions of this a ct: Provided, however, That
any employee may withdraw from the operation of this act upon filing a
written notice of withdrawal at least 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 contrary is given to
such employer, the measure of liability of such employer shall be determined
according to the compensation provisions of this act.
(d)
Any such employer or employees may, without prejudice to any existing
right or claim, withdraw his election to reject this act by giving 30 days*
written notice in such manner and form as may be provided by the industrial
board.
S ec:. 2. [Repealed.]
S ec . 3. (as amended 1925, p. 378). Application of the a ct—The provisions of
this act hereinafter following shall apply automatically and without election
to the Slate, county, city, town, township, incorporated village or school dis
trict. body politic or municipal corporation, and to all employers and all their
employees engaged in any department of the following enterprises or businesses
which are declared to be extra hazardous, 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.
185
186
w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES
3. Carriage by land, water, or aerial service 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
it> the enterprise or business, except as provided in subparagraph 8 of this
section.
4. The operation of any warehouse or general or terminal storehouses.
5. Mining, surface mining, or quarrying.
0. Any enterprise in which explosive materials are manufactured, handled, or
used in dangerous quantities.
7. In any enterprise wherein molten metal or explosive or injurious gases or
vapors, or inflammable vapors or fluids, or corrosive acids are manufactured,
used, generated, stored, or conveyed ii> dangerous quantities.
7%. Any enterprise in which sharp-edged cutting tools, grinders, or imple
ments are used, except as provided in subparagraph 8 of this section.
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 declared to be extra hazardous: Provided, Nothing
contained herein shall be construed to apply to any work, employment, or opera
tions done, had, or conducted by farmers and others engaged in farming, tillage
of the soil, or stock raising, or to those who rent, demise, or lease land for any
such purposes, or to anyone in their employ, or to any work done on a farm or
country place, i*o matter what kind of work or service is being done or ren
dered.
Seo. 3 !,6 (added 1917, p. 490). Pleadings.— (« ) If the plaintiff in any action
mentioned in section 3 shall in his declaration or in his other pleading allege
that the employer has filed notice of his election not to provide and pay com
pensation according to the provisions of the workmen’s comi>ensalion 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.
(b)
A certificate of the fact of the filing by an employer of the notice of nonelectioi* provided in section 2 and of the nonwithdrawal 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 th e -------day o f ---------- , 19—, electing not to pro-.
vide and pay compensation according to the provisions of the workmen’s com
pensation act of Illinois, and 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 seal of the
industrial board affixed th is------day o f ---------- , 19—.
'
»
---------of Industrial Itoard.
Skc. 4 (as amended 1917, p. 505). Employers.—The term “ employer ” as used
in this act shall be construed to be:
First. The State and each county, city, town, township, incorporated village,
school district, body politic, or municipal corporation therein.
Second. Every person, firm, public or private corporation, including hospitals,
public service, eleemosynary, religious, or charitable corporations or associa
tions who has any person in service or under any contract for hire, express or
implied, oral or written, and who is engaged in any of the enterprises or busi
nesses enumerated in section 3 of this act, or 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 maimer 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.
Sec. 5 (as amended 1925, p. 378). Employees defined.—The term “ employee”
as used in this act, shall be construed to mean:
First. Every person in the service of the State, county, city, town,
township, incorporated village, school district, body politic or municipal
TEXT OP LAWS— ILLINOIS
187
corporations therein, under appointment or contract of hire, express or
implied, oral or written, except any oliicial of the State, or of any county,
city, town, township, incorporated village, school district, body politic or munici
pal corporation therein and except any duly appointed member of the fire
department in any city whose population exceeds 200,000 according
to the last Federal or State census: 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 such 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 con
tracted with the State, or a county, city, town, township, incorporated village
school district, body politic or municipal corporation, therein, through its re
presentatives, shall not be considered as an employee of the State, county, city,
town, township, incorporated village, school district, body politic or municipal
corporation which made the contract.
Second. Every person in the service of another under any contract of hire,
express or implied, oral or written, including persons whose employment is
outside of the State of Illinois, where the contract of hire is made within
the State of Illinois, and including aliens, and minors who are legally per
mitted to work under the laws of the State, who, for the purpose of this
act, shall be considered the same and iiave 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 law’s are held to be exclusive.
Sbc. 6. iSuits abolished.—No common law or statutory ri^ht to recover dam
ages for injury or death sustained by an 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 provisions of this
act, to any one wholly or partially dependent upon him, the legal representatives
of his estate, or any one otherwise entitled to rccover damages for such injury.
S ec . 7 (a s am ended 1925, p. 378). Compensation for death.— T h e am ount o f
com pensation w hich sh all be paid fo r an in jury to the em ployee resulting in
death shall b e :
4
(a) If the employee leaves any widow, child or children whom he was under
legal obligations to support at the time of his injury, a sum equal to four times
the average annual earnings of the employee, but not less in any event than
$'1,650 and not more in any event than $3,750. Any compensation payments
other than necessary medical, surgical or hospital fees or services shall be
deducted in ascertaining the amount payable on death.
( b) If no amount is payable under paragraph (« ) 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 employee, then
a sum equal to four times the average annual earnings of the employee, but not
less in any event than $1,650, and not more iu any event than $3,750. Any com
pensation payments other than necessary medical, surgical, or hospital fees or
services shall be deducted in ascertaining the amount payable on death.
(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 grand
child, who at the time of injury were dependent upon the earnings of the
employee, tlieu 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 $1,650 and not more in any event than $3,750.
Any compensation payments other than necessary medical, surgical, or hospital
:fees or services shall be deducted in ascertaining the amounts payable on
death.
(<Z) i t no amount is payable under paragraphs (a), (b) or (o) 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 pro
19650— 26-------13
188
w o r k m e n 's COMPENSATION LAWS— UNITED STATES
vided 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 earn
ings during such two years. Any compensation payments other than neces
sary medical, surgical, or hospital fees or services shall be deducted in ascer
taining the amounts payable on death.
(c)
If no amount is payable under paragraphs (a). (&), (o), or (<J) of this
section, a sum not to exceed $150 for burial expenses to be paid by the employer
to the undertaker or to the person or persons incurring the expense of burial,
and the further sum of $300 which shall be paid into a special fund, of
which the State treasurer shall be ex-officio custodian, such special fund to be
held and disbursed for the purposes hereinafter stated in paragraph (f) of
section 8, either upon the order ol’ the industrial commission or of a compe
tent court.
(f) All compensation, except for burial expenses provided in this section
to be paid in case injury results iu death, shall be paid in installments equal
to the percentage of the average earnings as provided for in section 8 of
this act, at the same intervals at which the wages or earnings of the
employees were paid; or if this shall not he 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 pro
vided in this section, shall be paid to the persons who form the basis for de
termining the amount of compensation to be paid by the employer, the re
spective shares to be in the proportion of their respective dependency at the
time of the injury on the earnings of the deceased: Provided, That the in
dustrial 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 person 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 whore any of the persons who would be entitled to compensation
is living at any place outside of the United States, then payment shall he
made to the personal representative of the deceased employee. The distribu
tion by such personal representative to the persons entitled shall bo 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 $1,650 is
provided, such minimum shall be increased in the following cases to the fol
lowing amounts:
Two thousand dollars in case of one child under the age of 16 years at
the time of the death of the employee.
Two thousand one hundred dollars in case of two or more children under
the age of 16 years at the time of the death of the employee.
2. Whenever in paragraph (a) of this section a maximum of $3,750 is pro
vided. such maximum shall be increased in the following cases to the following
amounts:
Four thousand one hundred dollars in cases of one child under the age of 16
years at the time of the death of the employee.
Four thousand three hundred fifty dollars in case of two or more children
under the age of 16 years at the time of the death of the employee.
S ec . 8 (as amended 1925, p. 378). Nonfatal injuries.—The amount of com
pensation which shall be paid to the employee for an injury not resulting
in death shall be:
(a)
The employer shall provide the necessary first-aid medical and surgical
services, and all necessary medical, surgical, and hospital services thereafter,
limited, however, to that which is reasonably required to cure or relieve from
the effects of the injury. The employee may elect to secure his own physi
cian, surgeon, and hospital services at his own expense. Any injury resulting
in the amputation of an arm, hand, leg, or foot, or the enucleation of an eye,
the employer shall furnish an artificial of any such member lost in accidental
injury arising out of and in the course of the employment, and shall also
TEXT OF LAWS— ILLINOIS
189
furnish the necessary braces in all proper and necessary cases, provided the
furnishing by the employer of any such services or appliances shall not be
construed to admit liability on the part of the employer to pay compensation,
and the furnishing of any such services or appliances by the employer shall
not be construed as the payment of compensation.
(ft) If the period of temporary total incapacity for work lasts more than six
working-days, compensation equal to 50 per cent of the earnings, but not less
than $7.50 nor more than $14 per week, beginning on the eighth day of such
temporary total incapacity and continuing as long as the temporary total in
capacity lasts, but not after the amount of compensation paid equals the
mount 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 the temporary total incapacity for work continues for
a period of four weeks from the day of the injury, then compensation shall com
mence on the day after the injury.
(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 exceed one-quarter of the amount of the
compensation which would have been payable as a death benefit under para
graph (a), section 7, if the employee had died as a result of the injury at the
time thereof, leaving heirs surviving, as provided in said paragraph (a ), sec
tion 7: Provided, That no compensation shall be payable under this paragraph
where compensation is payable under paragraph (d), (e), or (f) of this sec
tion: 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 pay
able under paragraph (d ), (e), or (f) of this section, compensation for such
disfigurement-may be had under this paragraph.
(d) if, after the injury has been sustained, the employee as a 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
sot forth in paragraph (e) of this section, receive compensation, subject to the
limitations as to time and maximum amounts fixed in paragraphs (ft) and (h)
of this section, equal to 50 per cent 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.
{dr-1) An injured employee, to be entitled to compensation for hernia, must
prove:
1. The hernia was of recent origin;
2. Its appearance was accompanied by i>ain;
3. That it was immediately preceded by trauma arising out of and in the
course of the employment:
4. That the hernia did not exist prior to the injury.
(e) For injuries in the following schedule, the employee 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 para
graphs (a) and (6) of this section, compensation, for a further period, subject
to the limitations as to time and amounts fixed in paragraphs (ft) and (h) of
this section, for the specific loss 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, 50
per cent of the average weekly wage during 66 weeks.
2. Fer the loss of a first finger, commonly called the index finger, or the per
manent and complete loss of its use, 50 per cent of the average weekly wage
during 39 weeks.
3. For the loss of a second finger, or the permanent and complete loss of its
use, 50 per cent of the average weekly wage during 33 weeks.
4. For the loss of a third finger, or the permanent and complete loss of its
use, 50 per cent of the average weekly wage during 22 weeks.
5. For the loss of a fourth finger, commonly called the little finger, or the
permanent and complete loss of its use, 50 per cent of the average weekly wage
during 16 weeks.
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WORKMEN 'S COMPENSATION LAWS— UNITED STATES
6. The loss of the first phalange of the thumb or of any finger shall be
considered to be equal to the loss of one-half of such thumb or finger and
compensation shall be one-half the amounts above specified.
7. The loss of more than one phalange shall be considered as the loss of the
entire finger or thumb: Provided, however, That in no case shall the amount
received for more than one finger exceed the amount provided in this schedule
for the loss of a hand.
8. For the loss of a great toe, 50 per cent of the average weekly wage during
33 weeks.
0.
For the loss of one toe other than the great toe, 50 per cent of the average
weekly wage during 11 weeks, and for the additional loss of one or more toes
other than the great toe, 50 per cent of the average weekly wage during an
additional 11 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,
50 per cent of the average weekly wage during 165 weeks.
13. For the loss of an arm, or the permanent and complete loss of its use, 50
per cent of the average weekly wage during 220 weeks.
14. For the loss of a foot, or the permanent and complete loss of its use, 50
per cent of the average w^pkly wage during 135 weeks.
15. For the loss of a leg, or the permanent and complete loss of its use, 50
per cent of the average weekly wage during 180 weeks.
16. For the loss of the sight of an eye, or for the permanent and complete
loss of its use, 50 per cent of the average weekly wage during 110 weeks.
17. For the permanent partial loss of use of a member or sight of an eye,
50 per cent of the average weekly wage during that portion of the number of
weeks in the foregoing schedule provided for the loss of such member or sight
of an eye which the partial 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, suffered in one accident, or the permanent and com
plete loss of use thereof, suffered in one accident, shall constitute total and per
manent disability, to be compensated according to the compensation fixed by
paragraph ( f ) of this section: Provided, That these specific cases of total and
permanent disability shall not be construed as excluding other cases: Provided
further, That any employee who has in a previous and independent accident suf
fered the loss or permanent and complete loss of the use of any one of said mem
bers, and in a subsequent independent accident loses another or suffers the per
manent and complete loss of the use of any one of said members, the employer
for whom the injured employee is working at the time of said last independent
accident shall be liable to pay compensation only for the loss or permanent and
complete loss of the use of the member occasioned by said last independent
accideut.
if) In case of complete disability, which renders the employee wholly and
permanently incapable of work, compensation equal to 50 per cent of his earn
ings but not less than $7.50 nor more than $14 per week, commencing on the
day after the injury and continuing until the amount paid equals the amount
which would have been payable as a death benefit under paragraph (a ), section
7, if the employee had died as a result of the injury at the time thereof, leaving
heirs surviving as provided in said paragraph (a ), section 7, and thereafter a
pension during life annually equal to 8 per cent of the amount which would
have been payable as a death benefit under paragraph (a), section 7, if the
employee had died as a result of the injury at the time thereof, leaving heirs
surviving, as provided in said paragraph (a ), section 7. Such pension shall
not be less than $10 per month and shall be payable monthly: Provided, Any
employee who receives an award under this paragraph and afterwards returns
to work, or is able to do so, and who earns or is able to earn as much as before
the injury, payments under such award shall cease; if such employee returns
to work, or is able to return to do so and earns or is able to earn part but not
as much as before the injury, such award shall be modified so as to conform to
an award under paragraph id) of this section: Provided further, That dis
ability as enumerated in subdivision 18, paragraph (e) of this section shall be
considered complete disability. If an employee who had previously incurred
TEXT OF DAWS— ILLINOIS
191
loss or the permanent and complete loss of the use of one member, through the
loss or the permanent and complete loss of the use of one hand, one arm, one
foot, one leg, or one eye, incurs permanent and complete disability through the
loss or the permanent and complete loss of the use of another member, he shall
receive, in addition to the compensation payable by the employer and after such
payments have ceased, an amount from the special fund provided for in para
graph (e) of section 7, which, together with the compensation payable from the
employer in whose employ he was when the last injury was incurred, will
equal the amount payable for permanent and complete disability as provided
in this paragraph of this section.
(g) In case death occurs as a result of the injury before the total of the
payments made equals th<? amount payable as a death benelit, then in case the
employee leaves any widow, child or children, parents, grandparents, or other
lineal heirs, entitled to compensation under section 7, the difference between the
compensation for death and the sum of the payments made to the employee,
shall be paid to the beneficiaries of the deceased employee, and distributed as
provided in paragraph (f) of section 7, but in no case shall the amount pay
able under this paragraph be less than $500.
(h) In no event shall the compensation to be paid exceed 50 per cent of the
average weekly wage, or exceed $14 per week in amount; nor, except in case
of complete disability, as defined above, shall any payments extend over a
period of more than eight years from the date of the accident. In case an
injured employee shall be incompetent at the time when any right or privilege
accrues to him uuder the provisions of this act, a conservator or guardian
may be appointed pursuant to law, and may, on behalf of such incompetent,
claim and exercise any such right or 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.
(i) 1. All compensation provided for in paragraphs (ft), (c), (d), (e), and
(f) of this section, other than in case 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:
2. Provided, That any payments of compensation by the employer to an
injured employee prior to the filing of application for adjustment of claim, shall
not be construed against the employer as admitting liability to pay com
pensation; and
3. Provided, further, That all compensation payments named and provided
for in paragraphs (ft), (c), (d), ( e ), and (f) of this section, shall mean and be
defined to be for injuries and only such injuries as are proven by competent
evidence, of which there are or have been objective conditions or symptoms
proven, not within the physical or mental control of the injured employee
himself.
(/) 1. Wherever in this section there is a provision for 50 per cent, such
per cent shall be increased 5 per cent for each child of the employee, includ
ing children who have been legally adopted, under 16 years of age at the time
of the injury to the employee until such per cent shall reach a maximum of
65 per cent.
2. Wherever in this section a weekly minimum of $7.50 is provided, such
minimum shall be increased in the following cases to the following amounts:
Eleven dollars in case of an employee having one child under the age of 16
years at the time of the injury to the employee;
Twelve dollars in. case of an employee having two children under the age
of 16 years at the time of the injury to the employee;
Thirteen dollars in case of an employee having three children under the
age of 16 years at the time of the injury to the employee;
Fourteen dollars in case of an employee having four 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 $14 is provided, such
maximum shall be increased in the following cases to the following amount:
Fifteen dollars in case of an employee with one child under the age of 16
years at the time of the injury to the employee.
Sixteen dollars in case of an employee with two children under the age of
16 years at the time of the injury to the employee.
Eighteen dollars in case of an employee with three children under the age
of 16 years at the time of the injury to the employee.
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w o r k m e n ’s COMPENSATION LAWS— UNITED STATES
Nineteen dollars in case of an employee with four or more children under the
age of 16 years at the time of the injury to the employee.
Sec. 9 (as amended 1915, p. 400). Lump aunts.— [If it appears to be to the
interest of the parties, the board may, on application, afler hearing, commute
future payments on a basis of their present worth calculated at interest of 3
per cent per annum with annual rests; but in cases of complete disability, no
petition for commutation will be entertained until after the expiration of six
months from the date of the injury. Arrangements may be made for the
appointment of a conservator or guardian of a person under disability. Either
party may reject a lump sum award except an award under section 7 or para
graph (e) of section 8.]
S ec . 10. Basis for computing compensation-.—The basis for computing the
compensation provided for in sections 7 and 8 of the act shall be as follows:
(a) The compensation shall be computed on the basis of the annual earn
ings which the injured person received as salary, wages, or earnings if in the
employment of the same employer continuously during the year next pre
ceding the injury.
( b) Employment by the same employer shall be taken to mean employment
by the same employer in the grade in which the employee was employed at
the time of the accident, uninterrupted by absence from work due to illness or
any other unavoidable cause.
(c) If the injured person has not been engaged in the employment of the
same employer for the full year immediately precediug the accidont, the com
pensation 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 employment 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 other
wise determinable, shall be regarded as three hundred times the average daily
earnings in such computation.
(e) As to employees in employments in which it is the custom to operate for
a part of the whole number of working days in each year, such number, if the
annual earnings are not otherwise determinable, shall be used instead of 300
as a basis for computing the annual earnings: Provided, The minimum num
ber of days which shall be so used for the basis of the year’s work shall not
be less than 200.
( f ) In the case of injured employees who earn either no wage or less than
the earnings of adult day laborers in the same line of employment in that local
ity, the yearly wage shall be reckoned according to the average annual earn
ing 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 em
ployment, and shall exclude overtime earnings. The earnings shall not in
clude any sum which the employer has been accustomed to pay the employee
to cover any special expense entailed on him by the nature of his employment.
(h) In computing the compensation to be paid to any employee, who, be
fore the accident for which he claims compensation, was disabled and draw
ing compensation under the terms of this act, the compensation for each sub
sequent injury shall be apportioned according to the proportion of incapacity
and disability caused by the respective injuries which he may have suffered.
(O 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 1917, p. 505). Responsibility of employer.—The com
pensation herein provided, together with the provisions of this act shall be
the measure of the responsibility of any employer engaged in any of the en
terprises or businesses enumerated in section 3 of this act, or of any employer
who is not engaged in any such enterprises or businesses, but who has elected
to provide and pay compensation for accidental injuries sustained by any em
ployee arising out of and in the course of 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.
Sec. 12. Medical examination-.—An employee entitled to receive disability
payments shall be required, if requested by the employer, to submit himself,
TEXT OF LAWS— ILLINOIS
193
at the expense of the employer, for examination to a duly qualified medical
practitioner or surgeon selected by the employer, at any time and place reason
ably convenient for the employee, for the purpose of determining the nature,
extent, and probable duration of the injury received by the employee, and for
the purpose of ascertaining the amount of compensation which may be due
the employee from time to time for disability according to the provisions of
this act: Provided, however, That such examination shall be made in the
presence of a duly qualified medical practitioner or surgeon provided and paid
for by the employee, if such employee so desires: Provided, further, That such
examination shall not be made on the day of the hearing. In all cases where
the examination is made by a surgeon engaged by the employer, and the in
jured 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, or his representative, a statement in writing
of the condition and extent of the injury to the same extent that said surgeon
reports to the employer. I f the employee refuses so to submit himself to exami
nation or unnecessarily obstructs the same, his right to compensation payments
shall be temi>orarily susi>ended until such examination shall have taken pi nee,
and no compensation shall be payable under this act for such period. It shall
be the duty of surgeons treating an injured employee who is likely to die, and
treating him at the instance of the employer, to have called in another surgeon
to be designated and paid for by either the injured employee or by the person
or persons who would become his beneficiary or beneficiaries, to make an ex
amination before the death of such injured employed. [As amended 1925,
p. 378.]
S ecs . 13 (as amended 1917, p. 505), 14 (both as amended 1925, p. 378), 15, 16
(as amended 1925, p. 37tt), 17, 18. Industrial board.— [A board of five members,
two representing the employing class, two representing employees, and one
a representative citizen identified with neither class who shall act as chair
man, is to be appoint'd by the governor by and with the consent of the
senate. The salaries are to be $6,000 per year, the chairman receiving $7,500.
A secretary, arbitrator, and such assistants and clerical help as may be neces
sary may be appointed by the commission. The board has jurisdiction over
the operation and administration of the act, and may make rules and orders,
summon witnesses, admiuister oaths, require the production of books, papers,
and records, and secure punishment for contempt on application to the county
court. It also has the power to fix attorneys’ and physicians’ fees, and hospital
co.sts. It is to print and furnish free of charge upon request such blank forms
as are necessary for the efficient administration of the act and keep records of
employers and employees who file notices of declination or withdrawal; also
of proceedings and awards by the board or by arbitration committees, all such
records to be kept in the office of the board. All questions under the act if
not settled by agreement are to be determined by the board except as other
wise provided.]
Sko. 19 (as amended 1925, p. 378). Arbitration.— [On notification that the
parlies have failed to reach an agreement, the industrial commission designntes an arbitrator, unless in case of permanent disability or death, then
cither party may procure the determination by a committee of arbitration on
which each party is to be represented by its appointee, the commission to
designate an arbitrator to act as chairman. The party filing a petition for a
committee of arbitration must deposit with the commission the sum of $20 to
be paid to the arbitrators for their services. If no such deposit is made, the
election for a committee is void and an arbitrator designated by the commis
sion will act. The arbitrator or committee is to make necessary inquiries and
investigations, hear evidence, and file its decision with the industrial commis
si cm. which notifies the parties or their attorneys thereof, sending a copy of
the same. Unless a petition of review is filed within 15 days after such notifi
cation, and within 20 days (or 30 days if the commission allows) a statement
of facts is submitted the decision becomes a decision of the commission, and in
the absence of fraud is conclusive. The commission may appoint an impartial
physician to examine and report on the condition of the injured employee, for
which service not more than $5 will be allowed except in extraordinary cases.
Attorneys’ and physicians’ fees are, upon the request of any party in interest,
subject to review by the commission.
Persistence in unsanitary or injurious practices tending to Imperil or
retard recovery or rejection of medical, etc., treatment necessary to promote
recovery gives the commission power to reduce or suspend compensation.
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w o r k m e n 's COMPENSATION U W S — UNITED STATES
If the petition for review is properly submitted, the commission considers
questions of both law and fact, and such additional evidence as the parties
may submit. Hearings may be had at such places as seem advisable, due
notice being given of places of taking testimony and hearing arguments. De
cisions of the commission acting within its powers and in accordance with
prescribed procedure are, in the abscnce of fraud, conclusive unless by a writ
of certiorari the circuit court brings up the claim for review on questions of
law and fact presented in the record, no additional evidence to be heard.
Findings of the commission are not to be set aside unless contrary to the
manifest weight of the evidence except where the decision of the arbitrator or
the committee of arbitrators has become automatically the decision of the
commission. Provisions for prompt action and due notice to the parties are
made. The writ is not to issue in the absence of a bond conditioned to pay the
award if the writ be unsuccessfully prosecuted. Decisions may be confirmed,
set aside, or remanded to the commission. Judgments and orders of the cir
cuit court may be reviewed only by the supreme court on a writ of error.
On presentation of a certified copy of a decision of the industrial commis
sion, against which no proceedings for review have been taken, to the circuit
court of the county, such court shall render judgment in accordance there
with, and unless proceedings for review are taken, the court may enter judg
ment, taxing costs, with the same effect as though the judgment were ren
dered in an action by the court. Awards for continuing payments may be
reviewed at any time within 18 months after the agreement or award on
grounds of change of physical condition, 15 days’ notice of hearing being
required. Added time is allowed for attendance from a distance, together
with travel costs. This provision for review does not apply where lump-sum
settlements have been made.
In case of the death of an employee during proceedings, the testimony taken
may be subsequently introduced with the same force .and effect as though he
were present testifying in person. If unreasonable or vexatious delay of pay
ments or intentional underpayment or frivolous conditions appear to have been
made, the commission may award additional compensation equal to 50 per cent
of the normal amount payable.]
Sec. 20. Reports.— [Annual reports to the governor covering the details and
results of the administration of the act are required, and such other bulletins
and reports as the board deems advisable.]
Sec. 21 (as amended 1919, p. 538). Exemption, etc., of payments.—No pay
ment, claim, award, or decision under this act shall be assignable or subject to
any lien, attachment, or garnishment, or be held liable in any way for any
lien, debt, penalty, or damages. A decision or award of the industrial com
mission 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 compensation of the beneficiary which
would have been paid but for the death of the beneficiary, but in no event
exceeding said unpaid compensation, which the contribution of the beneficiary
to the dependent’s support within one year prior to the death of the bene
ficiary 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.
Sec. 22. Agreements within seven days.—Any contract or agreement made
by any employer or his agent or attorney with any employee or any other
beneficiary of any claim under the provisions of this act within seven days
after the injury shall be presumed to be fraudulent.
Sec. 23. Waivers.—No employee, personal representative, or beneficiary shall
have power to waive any of the provisions of this act in regard to the amount
TEXT OP LAWS— ILLINOIS
195
of compensation which may be payable to such employee’s personal repre
sentative or beneficiary hereunder except after approval by the industrial
commission.
Sec. 24 (as amended 1919, :p. 538; 1921, p. 446; 1925, p. 37$). Notice; claim.—
[Notice of action must be given to the employer, as soon as practicable, not
later than 30 days, or in cases of hernia not less than 15 days after the
accident. In case of mental incapacity, six months is allowed. Claim must
be submitted within six months after the accident, or if payments have been
made, within six months after their cessation. The bar is absolute unless
a written claim for compensation is filed within one year after the date of
the injury or at the date of the last payment of compensation.]
Sec. 25 (as amended 1921, p. 440). Release from liability.— [An employer
may be relieved from liability under an order of the industrial commission
by depositing the commuted value of the total unpaid compensation computed
at its present worth at 3 per cent per annum in some approved depository, or
by purchasing an annuity for the proper amount.]
Sbc. 20 (as amended 1919, p. 538). Security.— [Employers under the act must
furnish proof of financial ability to pay compensation, furnish security, in
demnity or both, insure their liability in some authorized organization or
corporation, or make other provision for securing payment. Evidence of com
pliancy with the foregoing may be required as often as the commission thinks
necessary. I f an insurer is found to be insolvent or financially unsound, or
practices a policy of delay or unfairness in the adjustment of payments of
benefits, the commission may, after reasonable notice and hearing, order it
to discontinue writing workmen’s compensation insurance in the State. Such
order is subject to review by the courts. Failure on the part of an employer
to comply with the provisions of this section is punishable by a fine for each
day’s failure or neglect of not less than $1 nor more than $50 per day.]
S ec . 27. Existing and additional insurance.— [This act is not to affect or
disturb existing forms of insurance or benefits, nor prevent the organization
of mutual aid, benefit, or relief associations among employees, nor are such
existing mutual associations or departments to be discontinued without first
discharging the obligations thereunder. No wages may be withheld as pre
mium payments.]
S ec . 28 (as amended 1919, p. 538). Direct liability.— [In cose of employer’s
failure to pay the compensation for which he is liable, his insurer becomes
primarily liable to pay to the employee, his personal representative, or bene
ficiary, the compensation provided by the act to be paid by the employer.]
Sec. 29 (as amended 1917, p. 505). Liability of third party.— [Where the
injury occurs under circumstances involving the liability of a third party,
if such party is an employer under the act, he becomes liable to the injured
workman in an amount not exceeding the compensation payable under the
act; but if the third party was not under the act, a suit for damages may
be instituted, and on recovery of any judgment, the employer is*to be reim
bursed to the extent of any compensation paid by him for the injury; but
where the employee or his personal representative accepts compensation or
proceeds therefor against the employer, the latter becomes subrogated to all
rights against such third party, or may continue an action already instituted,
but from any recovery made by him, the excess over the outlay iu compensa
tion and costs goes to the injured man or his personal representative.]
S ec . 30. Reports of accidents.— [Employers are to make immediate report of
all accidental injuries to their employees resulting in death, and monthly
reports of all accidental injuries on which compensation has been paid. If
permanent disability results, a further report must be made as soon as its
nature is determined. Prescribed details are to be given as to the nature of the
injury, term of disability, wages, compensation paid, and other items of cost.]
Sec. 31 (as amended 1919, p. 538). Contractors.—Anyone engaging 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 subcontractor, to do any such
work, he shall be liable to pay compensation to the employees of any such
contractor or subcontractor unless such contractor or subcontractor shall have
insured, in any company or association authorized under the laws of this State
to insure the liability to pay compensation under this act, or guaranteed his
liability to pay such compensation.
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WORKMENCOMPENSATION LAWS— UNITED STATES
In the event any such person shall pay compensation under this section he
may recover the amount thereof from the* contractor or subcontractor, if any,
and in the event the contractor shall pay compensation under this section he
may recover the amount thereof from the subcontractor, if any.
This section shall not apply in any case where the accident occurs elsewhere
than on, in, or about the immediate premises on which the principal has con
tracted that the work shall be done.
Sec. 32 (as amended 1919, p. 505). Constitutionality; current cases.— [This
section provides for possible findings of unconstitutionality, existing claims,
etc.]
S ec . 33. Penalties.— [Willful noncompliance with the terms of the act or its
administration is a misdemeanor.]
S ec . 33% (added 1915, p. 400). Title.—This act may be cited as the Work
men's compensation act.
Sec. 34. Provisions severable.—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.
Occupational diseases
[An act of 1911, page 330, enumerates certain dangerous processes of manu
facture and labor, requiring protective devices, medical examinations, and
factory equipment adapted to the circumstances. A right of action for
injuries to health caused by violation of these provisions was given.
As amended in 1923, page 351, compensation is payable for the disability
or death by occupational disease of any person employed in the occupations cov
ered by the act, in the same manner as provided for accidental injuries.
The occupations covered are those involving the use or handling of lead
in its various forms, including smelting; also the smelting of zinc or use of
Paris green.]
INDIANA
ACTS OF 1915
C hapter
106.—Compensation of workmen for injuries
Part
I
S e c tio n 1. Title.—This act shall be known as “ The Indiana workmen’s com
pensation act.”
Sec. 2 (as amended, 1917, ch. 165). Acceptance presumed.—From and after
the taking effect of this act every employer and every employee, except as
herein stated, shall be presumed to have accepted the provisions of this act
respectively to pay and accept compensation for personal injury or death by
accident arising out of and in the course of the employment, and shall be
bound thereby, unless he shall have given prior to any accident resulting in
injury or death notice to the contrary in the manner herein provided. This act
shall not apply to railroad employees engaged in train service.
S ec . 3. Waiver.—Either an employer or an employee, who has excepted him
self, 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 exemption and the notice of acceptance heretofore referred to
shall be given 30 days prior to any accident resulting in injury or death:
Provided, That if any such injury occurrcd less than 30 days after the date of
employment, notice of such exemption or acceptance given at the time of em
ployment shall be sufficient notice thereof. The notice shall be in writing or
print in a substantial form prescribed by the industrial board and shall be
given by the employer by posting the same in a conspicuous place in the plant,
shop, oiiice, room, or place where the employee is employed, or by serving it
personally upon him; and shall be given by the employed 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.
Sko. 4. Contracts of service.—Every contract of service between any em
ployer and employee covered by this act, written or implied, now in operation or
made or implied prior to the taking effect of this act, shall, after the act has
taken effect, be presumed to continue; and every such contract made subsequent
to the taking effect of this act shall be presumed to have been made subject to
the provisions of this act, unless either party shall give notice, as provided in
section 3, to the other party to such contract that the provisions of this act
other than sections 10, 11, and 67 are not intended to apply.
A like presumption shall exist equally in the case of all minors unless notice
of the same character be given by or to the parent or guardian of the minor.
Sec. 5 (as amended, 1919, ch. 57). Insurance.—Every employer who accepts
the compensation provisions of this act shall insure the payment of compensa
tion to his employees and their dependents in the manner hereinafter pro
vided, 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.
S ec. 6. Remedy.—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 personal repre
197
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w o r k m e n ’s COMPENSATION LAWS— UNITED STATES
sentatives, dependents, or next of kin, at common law or otherwise on account
of such injury or death.
Sec. 7. Violation of statute.—Nothing in this act shall be construed to re
lieve any employer or employee from penalty for failure or neglect to perform
«ny statutory duty.
Sec. 8 (as amended 1019, ch. 57). Willful misconduct, etc.—No compensa
tion 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.
Sec. 9 (as amended 1919, ch. 57). Exemptions.—This act, except section 67,
shall not apply to casual laborers, as defined in clause (6) of section 76, nor
to farm or agricultural employees, nor to domestic servants, nor to the em
ployers of such persons, unless such employees and their employers file with
the industrial board their voluntary joint election to be so bound.
Sec. 10. Defenses abrogated.—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:
(a) That the employee was negligent.
(ft) That the injury was caused by the negligence of a fellow employee.
(c) That the employee had assumed the risk of the injury.
Sec. 11. Employee rejecting act.—Every employee who elects not to operate
under this act shall, in any action to recover damages for personal injury or
death brought against an employer accepting the compensation provisions 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 assump
tion of risk, as such defenses exist at common law.
Sec. 12. Rejection by both parties.—When both the employer and employee
elect not to operate 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 11.
Sec. 13 (as amended 1919, ch. 57). Liability of third persons.—Whenever
an injury or death, for which compensation is payable under this act, shall
have been sustained under circumstances creating in some other person
than the employer a legal liability to pay damages in respect thereto, the
injured employee, 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 em
ployer, having paid compensation or having become liable therefor, may collcct
in his own name or in the name of the injured employee, or, in ease 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.
Sue. 14 (as amended 1919, ch. 57). Principals and contractors.—The State,
any 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 compensation, physician’s fees, hospital
fees, nurse’s charges, and burial expenses on account of the injury or death
of any employee of such contractor, due to an accident arising out of and in
the course of the performance of the work covered by such contract.
Any principal contractor, intermediate contractor, or subcontractor, who
shall sublet any contract for the performance of any work, without requir
ing 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
TEXT OF I>AWS^-IN DIANA
199
of the injury or death of any' employee of such subcontractor due to an ac
cident arising out of and in the course of the performance of the work cov
ered by such subcontract.
The State, any political division thereof, any municipal corporation, any cor
poration, partnership, person, principal contractor, intermediate contractor, or
subcontractor, paying compensation, physician’s fees, hospital foes, nurse’s
charges, or burial expenses under the foregoing provisions of this section, may
recover the amount paid from any person who, independently of such provis
ions, would have been liable for the payment thereof.
Every claim, filed with the industrial board under this section, shall be in
stituted 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 3919, ch. 57). Waivers.—No contract or 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.
S ec . 16. Preferences.—All rights of compensation granted by thi* 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.
Sec. 17. Assignments, etc.—No claim for compensation under this act shall be
assignable, and all compensation and claims therefor shall be exempt from all
claims of creditors
S ec . 18 (as amended 1919, ch. 57). Public employments.—The provisions of
this act except sections 3, 4, 10, 11, and 12, shall apply to the State, to all
political divisions thereof, to all municipal corporations within the State, to
persons, partnerships, and corporations engaged in mining coal, and to the
employees thereof.
S ec . 19. Interstate commerce.—That act, except section 67 (shall not apply
to employees engaged in interstate or foreign commerce, nor to their employers,
in case the laws of the United States provide for compensation or for liability
for injury or death by accident of such employees.
S ec . 20. Injuries outside State.—Every employer and employee under this
act, except as provided in section 19, shall be bound by the provisions of the
act whether injury by accident or death resulting from such injury occurs
within the State or in some other State or in a foreign country.
Sec. 21. PHor injuries.—The provisions of this act shall not apply to injuries
or death nor to accidents which occurred prior to"the taking effect of the act
P a r t IJ
Secs. 22, 23 (both as amended 1919, ch. 57). Notice.— [Unless the employer
or his representative has actual knowledge, notice of injury or death must be
given as soon as practicable, and unless within 30 days, no compensation will
be paid until notice is given or knowledge obtained. Lack of notice will not
bar compensation unless the employer was prejudiced thereby, and then only
to the extent of the prejudice. Notice is to be in writing, signed by the
claimant or someone in his behalf, and may be delivered personally or sent by
registered letter.?
Sec. 24. Claim.—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.
S ec . 25 (as amended 1919, ch. 57). Medical, etc., aid.—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 serv
ices and supplies as the attending physician or the industrial board may
deem necessary.
And during the whole or. any part of the remainder of the period of dis
ability 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 30 days, the industrial board may require the employer to furnish
such treatment for an additional period, not exceeding 30 days. The refusal
of the employee to accept such service and supplies, when so provided by the
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w o r k m e n 's COMPENSATION LAWS— UNITED STATES
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.
If in an emergency or because of the employer’s failure to provide 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 pro
vided by the employer treats the injured employee within the first 30 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 the approval of the industrial board, be paid by the employer.
Sec. 26. Charges.—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 persons
of a like standard of living when such treatment is paid for by the injured
person.
Sec. 27. Medical examination.— [During disability the injured employee must
submit to medical examination as requested by the employer or ordered by
the board, and may have his own physician present. Facts coming to the
knowledge of physicians who attend or examine such employees are not
privileged. Refusal or obstruction of examination suspends compensation, and
none will be paid for the period unless the board finds such refusal or ob
struction justifiable. An autopsy may be had in any case of death, at the
expense of the party requiring it.]
Sec. 28 (as amended 1917, ch. 81). Waiting time.—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 disability extends beyond
that period compensation shall commence with the eighth day after the injury.
Sec. 29 (as amended 1917, ch. 81). Total disability.—Where the injury causes
total disability for work, there shall be paid to the injured employee during
such total disability, but not including the first seven days thereof, a weekly
compensation equal to 55 per cent of his average weekly wages for a period of
not to exceed 500 weeks.
Sec. 30 (as amended 1917, ch. 81). Partial disability.—Where the injury
causes partial disability for work, there shall be paid to the injured employee
during such disability, but not including the first seven days thereof, a weekly
compensation equal to one-half 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 300 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 1919, ch. 57). Schedule.—For injuries in the following
schedule the employee shall receive in lieu of all other compensation, on
account of said injuries, a weekly compensation of 55 per cent of his average
weekly wages for the periods stated for said injuries respectively, to w it:
(a) Amputations: For the loss by separation, of the thumb 60 weeks, of
the index finger 40 weeks, of the second finger 35 weeks, of the third or ring
finger 30 weeks, of the fourth or little finger 20 weeks, of the hand by separa
tion below the elbow joint 200 weeks, of the arm above the elbow joint 250
weeks, of the big toe 60 weeks, of the second toe 30 weeks, of the third toe
20 weeks, of the fourth toe 15 weeks, of the fifth or little toe 10 weeks, of the
foot below the knee joint 150 weeks, and of the leg above the knee joint 200
weeks. The loss of more than one phalange of a thumb or toe shall be
considered at 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 con
sidered 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 of the finger and compensation shall be paid for one-half of the
period for the loss of the entire Angel*.
(ft) Loss of use: The total permanent loss of the use of an arm, hand,
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.
TEXT OF LAWS— INDIANA
201
(c ) Partial loss of use: For the permanent partial loss of the use of an
armf hand, thumb, finger, leg, foot, toe, or phalange, compensation shall be
paid for the proportionate loss of the use of such arm, hand, thumb, finder,
leg, foot, toe, or phalange.
(d) For injuries resulting in total permanent disability, 500 weeks.
(0) For the loss of both hands, or both ieet, or the sight of both eyes or
any two of such losses in the same accident, 500 weeks.
( f ) For the permanent loss of the sight of an eye or its reduction to one-tenth
of normal vision with glasses. 150 week.s, and for any other permanent reduc
tion of the sight of an eye compensation shall be paid for a period propor
tionate to the degree of such permanent reduction.
(g) For the permanent and complete loss of hearing, 100 week3.
(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 500 weeks.
(1) In all cases of permanent disfigurement, which may impair the future
usefulness or opportunities of the employee, compensation, in the discretion
of the industrial board, not exceeding 200 weeks.
(j) For injuries causing temporary total disability for work there shall be
paid to the injured employee during such total disability, but not including
the first seven calendar days thereof, a weekly compensation equal to 55 per
cent of his average weekly wages for a period not to exceed 500 weeks.
(ft) For injuries causing temporary partial disability for work, compensa
tion shall be paid to the injured employee during such disability, but not
including the first seven calendar days, a weekly compensation equal to 55
per cent o f 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 300 weeks. In case the partial disability begins after the period of
temporary total disability the latter period shall be deducted from the maxi
mum period allowed for partial disability.
(2) No compensation shall be allowed 011 account of injuries producing only
temporary total disability to work 01* temporary partial disability to work
for the first seven calendar days of disability resulting from such injuries
except the benefits provided for in section 25; but if disability extends beyond
that period, compensation shall commence with the beginning of the eighth
day of such disability.
Sec. 32. Refusing employment.—If an injured employee refuses employment
suitable to his capacity procured for him, he shall not be entitled to any com
pensation at any time during the continuance of such refusal, unless in the
opinion of the industrial board such refusal was justifiable.
Sec. 33. Subsequent injuries.— If an employee has sustained a permanent
injury in another employment than that in which he received a subsequent
permanent injury by accident, such as specified in section 31, he shall be en
titled to compensation for the subsequent injury in the same amount as if the
previous injury had not occurred.
Sec. 34. Double mjury.—If an employee received an injury for which com
pensation 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 permanent
injury, such as specified in section 31; but he shall be entitled to compensa
tion for that injury and from the time of that injury which will cover the
longest period and the largest amount payable under this act
Sec. 35. Two permanent injuries.—If an employee receives a permanent in
jury, such as specified in section 31, 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.
When the previous and subsequent permanent injuries result in total per
manent disability, compensation shall be payable for permanent total disa
bility, but payments made for the previous injury shall be deducted from the
total payment of compensation due.
Sec. 30. Death during compensation period.—When an employee receives or
is entitled to compensation 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 dependent
upon him for support.
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WORKMEN’S COMPENSATION LAWS— UNITED STATES
S ec. 37 (as amended, 1939, eh. 57). Death benefits.— When death results
from the injury within 300 weeks, there shall be paid a weekly compensation
equal to 55 per eent of the deceased's average weekly wages during such
remaining part of 300 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 employee leaves dependents only partially dependent upon his earnings
for support at the time of his injury, the weekly compensation to those de
pendents 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.
Sec. 38 (as amended 1919, eh. 57). Dependents.—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.
(&)
A husband, who is both physically and financially incapable of selfsupport, upon his wife with whom he is living at the time of her death.
(c) A child under the age of 18 years upon the parent with whom he or she
is living at the time of the death of such parent.
(d) A child under 18 years upon the parent with whom 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 support such child.
(e) A child over the age of 18 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 chil
dren, 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 ac
cordance 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 partially de
pendent, the death benefit shall be divided among the partial dependents ac
cording 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 18 years of age.
S ec . 39 (as amended 1919, ch. 57). Burial expenses.—In all oases of the death
of an employee from an injury by an accident arising out of and in the 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 exceeding $100.
S ec . 40. Basic wages.—In computing compensation under the foregoing sec
tions the average weekly wages of an employee shall be considered not to be
more than $24 nor less than $10: And provided further, That the total com
pensation payable under this act shall in no case exceed $5,000.
Sec. 41. Advance payments.—Any payments made by the employer to 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 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 here
inafter specified.
S ec . 42 (as amended 1919, ch. 57). Time of payments.—When so provided in
the compensation agreement or in the award of the industrial board, com
pensation may be paid semimonthly or monthly instead of weekly.
TEXT OF U W S — INDIANA
203
S e p s . 43 (as amended 3910, ch. 57), 44. Lump sums.— [After 26 weeks’ com
pensation payments, in unusual eases, on agreement of the parties and approval
of the hoard, remaining benefits m;iy be redeemed in whole or in part in a
lump sum, representing the present worth computed at 3 i>er cent interest,
compounded annually. Compensation for permanently disabling injuries to a
minor may be commuted at any time if the board so orders. Lump sums may
be paid to trustees if the board thinks it expedient.]
S ec . 45 (as amended 1919, ch. 45). Rcvkics.— [The board lias continuing
jurisdiction over each case and may, on its own motion or application of either
party, modify awards on account of change of condition, but not to effect past
payments. Such power does not extend beyond one year after the termination
of the compensation period originally fixed. The board may at any time correct
clerical errors or mistakes of fact.]
S ec . 46 (as amended 1919, ch. 57). Small awards.—When the aggregate pay
ments of compensation awarded by agreement or upon hearing to an employee
or dependent under 18 years of age do not exceed $100 the payment thereof
may be made directly to such employee or dependent, except when the indus
trial board shall order otherwise.
Whenever the aggregate payments of compensation due to any person under
18 years of age exceed $100 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 compensa
tion due ro any person 18 years of age or over may be made directly to such
person.
S ec . 47 (as amended 1019, ch. 57). Incompetents, etc.—If an injured em
ployee 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.
Sec. 48 (as amended 1919, ch. 57). Limitation.—No limitation of time pro
vided in this act shall run against any person who is mentally incompetent or
a minor dependent, or a minor, so long as he had no guardian or trustee.
S ec . 49. Two or more employers.—Whenever any employee for whose injury
or death compensation 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, however, That nothing
in this section shall prevent any reasonable arrangement between such em
ployers for a different distribution as between themselves of the ultimate bur
den of compensation.
P a r t III
S e c t i o n s 50, 51 (both as amended 1019, ch. 57), 52-55, 56 (as amended 1919,
ch. 57). Industrial "board.— [An industrial board consisting of five members,
two to be attorneys and not more than three to be of the same political party,
is to be appointed by the governor. An attorney of recognized qualifications
is to be chairman. Terms are four years and until successors are appointed
and qualified, unless removed by the governor, notation is provided for.
Members may be removed for incompetency, neglect of duty, or other good
cause. Annual salaries are $4,000 each, and a secretary and such clerical and
other assistants as are deemed necessary may be employed, not more than 60
per cent to be of the same political party.
The board is given charge of the administration of various industrial and
safety laws, and is to have offices and keep records in the city of Indianapolis.
It may make rules not inconsistent with this act. Process and procedure are
to be summary and simple as reasonably may be. The board or any member
may administer oaths, subpoena witnesses to be served by the county sheriff,
and may procure the attendance of witnesses on application to the circuit or
superior court. Forms, records, and annual reports to the governor are to be
prepared and furnished as needed.]
S ecs . 57 (a s am ended 1917, ch. 81), 58 ( a s am ended 1919, ch. 57), 59-61 (a s
am ended 1917, ch. 63), 62, 63 (a s am ended 1919, ch. 57), 64, 65 ( a s amended
1919, ch. 57). Procedure.— [A greem en t m ay be m ade a fte r seven d ays from
the d ate o f an in ju ry or death in a form prescribed by the board, and filed
1965°— 26-------14
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w o r k m e n ’ s COMPENSATION LAWS----UNITED STATES
with it and approved, and becomes enforceable, but. in the absence of filing is
voidable by the employee or his dependents. If no agreement is reached, or a
disagreement arises as to continuance of payments on account of change in
conditions, either party may apply to the board for a determination of matters
in dispute. Hearings are to be had and a summary determination of the
matters in issue. If the award is not by a full board and application for re
view is made within seven days, the full board shall review the evidence or
hear the parties, their representatives and witnesses and make an award.
Such an award, or an award by less than a full board if not appealed from, is
conclusive and binding as to all questions of fact, but appeals on questions of
law lie to the court. The board may also of its own motion certify questions
of law to the appellate court. Appeals are to be advanced and determined at
the earliest possible date. If an award of the full board is affirmed on appeal
it shall be increased thereby 5 per cent.
An agreement or award not appealed from may be tiled by any party in
interest iu the circuit or superior court of the county, and shall thereupon
have the same effect as a judgment of the court. It shall be notiiied in
accordance with any changes made in an award by the board. Costs are to
be awarded and taxed as in ordinary civil actions in the circuit court. The
board or a member may on application, or its own motion, appoint a physician
to make necessary medical examinations and testify in respect thereto. A
reasonable fee not exceeding $10 is allowed, though in case of extraordinary
cases this may be increased. Fees and expenses of such physicians are to be
paid by the State.
Attorney and medical fees and charges of nurses and hospitals are subject
to approval by the board. The fixing of an attorney's fee is binding upon
both the claimant and the attorney, and the employer is to pay such fee. out
of the award.]
S ec . 66. Settlement of disputes.— [Questions under this act not settled
by agreement are to be settled by the board, except as otherwise herein
provided.]
S ex\ 67. Report8 of injuries.— [Employers are required to keep a record of
all injuries to their employees and report those causing absence from work
of more than one day within one week after their occurrence; also to make
supplementary reports on the details of the disability, or within 60 days in a
protracted case, the termination of which is also to be reported.]
S ecs . 68-70 (all as amended 1917, ch. 57), 71, 72, 78 (as amended 1919,
ch. 57), 74, 75. Registration and Insurance of employees.— [Every employer in
the State, except employers of farm and domestic labor, must annually
register with the board and procure a certificate therefrom, giving the name
of the employer, post-office address, nature and location of business, and
number of employees by sex. Every employer under the act must insure
bis liability thereunder or furnish satisfactory proof of financial ability
to make direct payments of compensation as it may become due. Evidence
of compliance with this provision must be filed with the board. A certificate
permitting self-insurance is furnished, but may be revoked on satisfactory
evidence after notice of hearing, subject to renewal on a proper showing.
Mutual companies and reciprocal associations are authorized on compliance
with the requirements of the board. A substitute scheme may also be estab
lished subject to approval of the board and determination by it. If on notice
and hearing it appears not to be fairly administered, in danger of insolvency, or
for other substantial reason not accomplishing the purposes of the act, it
may be terminated. If contributions of employees are required, benefits
must be provided in addition to those provided for by the act, insurance
policies must be submitted to and approved by the board, and all policies
issued are conclusively presumed to cover all the employees and the entire
compensation liability of the insured employer, including medical and sur
gical aid, burial expenses, etc. Modifications or limitations are void. As
between insurer and employer, notice to the employer and his jurisdiction
are notice and. jurisdiction as to the insurer. Payments are to inure directly
to the benefit of claimants, and default of an employer after injury or
failure to give notice required by the policy or otherwise does not relieve
the obligation of the insurer. Failure of any insurer to pay final awards
and judgments, except during the pendency of an appeal, or noncompliance
TEXT OP LAWS— INDIANA
205
with the act entails a revocation of the board's approval of its policy form,
and it may not accept further business until the approval of the board is
renewed.]
S ec . 76 (as amended 1919, ch. 57; 1923, ch. 76). Definitions.—In this act
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 as applicable. The term “ em
ployee” as used in this act and in the act of which this act is amendatory
shall be construed to include every person, including a minor 14 years of age
or over, in the service of another under any contract of hire or apprenticeship,
written or implied, except one whose employment is both casual and not in the
usual course of the trade, business, occupation, or profession of the employer.
Except as herein provided, all such minor employees are hereby made of full
age for all purposes under, in connection with, or arising out of 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 bo payable. E x c e p t as hereinafter otherwise pro
vided, if the employee be a minor of the age of 34 years or over who at the time
of the accident is employed, required, suffered, or permitted to work in violation
of any of the provisions of any of the child labor laws of this Slate, the amount
of compensation and death benefits as provided in this act shall be double the
amount which would otherwise be recoverable. The insurance carrier shall be
liable on its policy for one-half of the compensation or benefits that may be pay
able on account of the injury or death of such minor and the employer shall
bt wholly liable for the other one-half of such compensation or benefits: Pro
vided, That if such employee be a minor who is not less than 36 years and not
more than 18 years of age and who at the time of the accident is employed,
suffered, or permitted to work at any occupation which is not prohibited by law,
the provision of this act prescribing double the amount otherwise recoverable
shall not apply.
The rights and remedies herein granted to a minor subject, to this act on
account of personal injury or death by accident shall exclude all rights and
remedies of such minor, his parents, his personal representatives, dependents,
or next kin at common law, statutory or otherwise, on account of such injury
or death.
This act shall not apply to minors under 14 years of age.
(b) [Repealed.]
(c ) “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 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 employ
ment 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 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 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 weeks previous to the injury was being earned by a person in the same
grade employed at the same work by the same employer, or if there is no per
son so employed, by a person in the same grade employed in the same class of
employment in the same district.
Wherever allowances of any character made to an employee in lieu of wages
are specified part of the wage contract, they shall be deemed a part of his
earnings.
{d) “ Injury” and “ personal injury” shall mean only injury by accident
arising out of and in the course of the employment and shall not include a
disease in any form except as it shall result from the injury.
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WORKMEN'S COMPENSATION LAWS— UNITED STATES
S ec . 77. Provisions severable.—If any section or provision of this act be
decided by 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.
S ec . 78. [Repealed.]
S ec . 80. Appropriation.—For the purpose of paying the salaries and expenses
of the members of the industrial board and its employees, the sum of $70,000
or so much thereof as may be necessary is hereby appropriated.
S ec . 81. Pending cases.—The provisions of this act shall not affect pending
litigation.
IOWA
CODE, 1924
IIForkm en's compcn nation
S ection 1361. Exempt employments.—This chapter shall not apply to—
1. Any household or domestic* servant.
2. Persons whose employment is of a casual nature.
3. Persons engaged in agriculture, in so far as injuries shall be incurred by
employees while engaged in agricultural pursuits or any operations immediately
connected therewith, whether on or off the premises of the employer.
4. As between a municipal corporation, city, or town and any person or per
sons 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
corporation, city, or town, except as otherwise provided by law.
Sec. 1362. Compulsory, when.—Where the State, county, municipal corpora
tion, school district, or city under any form of government is the employer, the
provisions of this chapter for the payment of compensation and.amount thereof
for an injury sustained by an employee of such employer shall be exclusive,
compulsory, and obligatory upon both employer and employee, except as other
wise provided in the preceding section.
Sec. 1363. Election presumed.—Except as provided by this chapter, it shall
be conclusively presumed that every employer has elected to provide, secure,
and pay compensation according to the provisions of this chapter 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 recovery of damages or other compensation for such personal
injury.
S ecs . 1364-1369. Rejection.— [Employers may reject by written notice posted
in their establishments and filed with the industrial commissioner; employees
by written notice to the employer, likewise filed. The forms of employers’
and employees* notices to reject are prescribed, and are to be substantially
complied with. An employer’s notice of rejection, when posted, is binding
on subsequent employees the same as on those in current employment.
If an employee rejects, the employer retains the common-law defenses in
any action against him for injuries, but assumption of risks can not be pleaded
if the injury is due to the failure of the employer in respect of statutory
requirements as to safety.]
S ec . 1370. Affidavit of employee as to rejection.—When an employee or one
who is an applicant for employment rejects the provisions of this chapter he
shall, in addition to such notice, state in an affidavit to be filed with said
notice who, if any person, requested, suggested, or demanded of such person
to reject the provisions of this chapter. If such request, suggestion, or demand
has been made of such employee by any person, such employee shall state the
name of the person who made the request, suggestion, or demand, and all of
the circumstances relating thereto, the date and place made, and persons pres
ent, and if it be found that the employer of such employee, or an employer to
whom an applicant for employment has applied, or any person a member of
the firm, association, corporation, or agent or official of such employer, made
a request, suggestion, or demand to such employee or applicant for employment
to reject the provisions of this chapter, the rejection made under such cir
cumstances shall be conclusively presumed to have been fraudulently procured,
and such rejection shall be null and void and of no effect, unless such employee
has a permanent disability at the time of making the affidavit, then and in
that event such rejection shall be presumed to have been fraudulently procured.
S ec . 1371. Who may administer oath.—No person interested in the business
of such employer, financially or otherwise, shall be permitted to administer
the oath to the affiant required in case an employee or applicant for employment
elects to reject the provisions of this chapter. And the person administering
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WORKMEN’ S COMPENSATION LAWS— UNITED STATES
such oath to such affiant shall carefully road tho notice and affidavit to such
person making such rejection, and shall explain that the purpose of the notice
is to bar such person from recovering compensation in accordance wjlth the
schedule and terms of this chapter in the event that he sustains an injury in
the course of such employment: all of which shall be shown by certificate of
the person administering the oath herein contemplated. The industrial com
missioner shall refuse to file the notice and affidavit unless the same fully and
in detail comply with the requirements hereof. If such rejection, affidavit, or
certificate is found insufficient for any cause, they shall be returned to the
person who executed the instrument, with the reasons indorsed thereon by the
industrial commissioner.
S e cs . 1372-1376. Term and effect of rejection.— [An election to reject is ef
fective until waived in writing in the same manner as the election to reject.
When an employer rejects he can not plead the defenses of assumed risks,
fellow service, or contributory negligence unless willful or the injury was due
to the injured person's intoxication. Injuries due to the willful intent to injur*
one’s self or another, or proximately to intoxication are not compensable.]
S ecs . 1377, 1378. Agreement implied.— [In the absence of notice to reject
all contracts of hire are construed as agreements to compensate and accept
compensation as in this act provided; and no contract of waiver can operate
to relieve the employer of his liability hereunder.]
S ec . 1379. Presumption as to negligence.— [Where a rejecting employer is
sued in an action for damages for Injury to his employee it is to be presumed
that such injury was the direct result of the employer's negligence, and the
burden of rebuttal rests on the employer.]
S ec . 1380. Remedy exclusive.— [U n til notice in w ritin g to the contrary, em
ployees are conclusively presum ed to h ave accepted the provisions o f this act
a s the e xclu sive rem edy in case o f in ju ry , the sam e being binding on personal
representatives, dependents, and n e xt o f k in.]
S ec. 1381. Subsequent rejection.— [An employer rejecting the act after ac
ceptance must secure the payment of any compensation due or to become due
to employees previously injured.]
S ec . 1382. Injuries due to third parties.— [Where the injury is such as to
create a legal liability in a third party the injured person, or in case of his
death, his legal representative, may both claim compensation and sue such third
party, giving notice to the employer of the suit. If the employer pays com
pensation he is to be indemnified therefor, and also has a lien against the judg
ment for any future payments. If the employee does not sue, the employer
may do so, and from the recovery retain a sum equal to past compensation pay
ments, plus the present worth of future payments computed on a basis of 6
per cent, the balance, if any. to go to the employee. In case of a settlement,
the consent of all parties in interest must be had, and a written notice filed
by the employee in the office of the industrial commissioner.]
Sec. 1383. Notice of injury.—Unless the employer or his representative shall
have actual knowledge of the occurrence of an 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 15 days after 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 such notice is
given or knowledge obtained within 30 days from the occurrence of the injury,
no want, failure, or inaccuracy of a notice shall be a bar to obtaining compen
sation, unless the employer shall show that he was prejudiced thereby, and then
only to the extent of such prejudice; but if the employee or beneficiary shall
show that his failure to give prior notice was due to mistake, inadvertence,
ignorance of fact or law, or inability, or to the fraud, misrepresentation, or
deceit of another, or to any other reasonable cause or excuse, then com
pensation may be allowed, unless and then to the extent only that the em
ployer shall show that he was prejudiced by failure to receive such notice;
but unless knowledge is obtained or notice given within 90 days after the oc
currence of the injury, no compensation shall be allowed.
S e c s . 1384-1386. Form; service; limitation.— [A suggested form of notice is
given, but it may be varied. Notice may be served on anyone on whom an
original notice in civil causes might be served. Verified returns are required.
Proceedings are barred unless begun within two years from date of injury.]
S ec . 1387. Surgical and medical services.—In addition to other compensation
hereinafter provided for, at the time of the injury and thereafter during the
TEXT OF LAWS— IOWA
209
disability, but not exceeding four weeks of incapacity, the employer, if so re
quested by the employee, or anyone for him, or if so ordered by the court or
industrial commissioner, shall furnish reasonable surgical, medical, and hos
pital services and supplies therefor, or any other appropriate treatment agreed
to in writing by the employee rmtf the employer and the insurer, not exceeding
$100; but, in exceptional ca.^o>. the employer shall furnish such additional
medical, surgical, and hospital services and supplies for such period and in such
amount as the industrial commissioner shall order, but in 110 event to exceed
$100 for such additional services and supplies.
Sec. 1388. Burial expense.—When death ensues from the injury, the em
ployer shall pay the reasonable expenses of burial of such employee, not to
exceed $150, which shall be in addition to other compensation or any other
benefit provided for in this chapter.
Sec. 1389. Liability of employer in case of death and no dependents.—When
the injury causes death of an employee who leaves no dependents, then the
employer shall pay the reasonable expense of the employee's last sickness, if
any, and the expense of burial, as provided in the last two preceding sections,
and this shall be the only compensation: Provided, that if from the date of
the injury to the date of the death any weekly compensation shall have become
due and unpaid up to the time of the death, the same shall be payable to the
estate of the deceased employee.
Sec. 1390. Basis of compensation.—In all cases where an employee receives
a personal injury for which compensation other than for medical, surgical,
and hospital services and burial expenses, is payable, such compensation shall
be upon the basis of 60 per cent per week of the average weekly earnings
but not to exceed $15 nor less than $6 per week, except if at the time of his
injury his earnings are less than $6 per week, then he shall receive in weekly
payments a sum equal to the full amount of his weekly earnings.
Sec. 1391. Time of payments.—Compensation payments shall be made each
week beginning on the 22d day after the injury, and each week thereafter dur
ing the period for which compensation is payable, and if nor paid when due,
there shall be added to such weekly compensation payments interest at 6 per
cent from date of maturity.
Sec. 1392. Compensation in death cases; dependents; aliens.—1. When death
results from the injury, the employer shall pay the dependents who were
wholly dependent on the earnings of the employee for support at the time of
his injury, the weekly compensation for a period of 300 weeks from the date
of his injury.
2. When the injury causes the death of a minor employee whose earnings
wore received by the parent, the compensation to be paid such parent shall be
two-thirds the weekly compensation for an adult with like earnings.
3. If the employee leaves dependents only partially dependent upon his earnings
for support at the time of the injury, the weekly compensation to be paid as
aforesaid, shall be equal to the same proportion of the weekly payments for
the benefit of persons wholly dependent as the amount contributed by the
employee to such partial dependents bears to the annual earnings of the
deceased at the time of the injury.
4. When weekly compensation has been paid to an injured employee prior
to his death, the compensation to dependents shall run from the date to which
compensation was fully paid to such employee, but shall not continue for more
than 300 weeks from the date of the injury.
5. Where an employee is entitled to compensation under this chapter for an
injury received, and death ensues from any cause not resulting from the injury
for which he was entitled to the compensation, payments of the unpaid balance
for such injury shall cease and all liability therefor shall terminate.
6. Except as otherwise provided by treaty, whenever, under the provisions
of thi.s and the two following chapters, compensation is payable to a dependent
who is an alien not residing in the United States at the time of the injury, the
employer shall pay 50 per cent of the compensation herein otherwise provided
to such dependent, and the other 50 per cent shall be paid into the State
treasury. But if the nonresident alien is a citizen of a government having a
compensation law which excludes citizens of the United States, either resident
or nonresident, from partaking of the benefits of such law in as favorable
degree as herein extended to the nonresident alien, then said compensation
which would otherwise be payable to such dependant shall be paid into the
8tate treasury.
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Sec. 1393. Waiting time.—Except as to injuries resulting in )>ermanent par
tial disability, compensation shall begin on the fifteenth day of disability after
the injury.
If the period of incapacity extends beyond the thirty-fifth day following the
date of injury, then the compensation for the fifth week shall be increased by
adding thereto an amount equal to iwo-thirds of one week of compensation.
If the period of incapacity extends beyond the forty-second day following the
date of injury, then the compensation for the sixth week shall be increased by
adding thereto an amount equal to two-thirds of one week of compensation.
If the period of incapacity extends beyond the forty-ninth day following
the date of injury, then the compensation for the seventh week shall be in
creased by adding thereto an amount equal to two-thirds of one week of com
pensation.
If the period of incapacity extends beyond the forty-ninth day following the
date of injury, then the compensation therafter shall be only the weekly com
pensation.
Sec. 1394. Temporary disability.—For injury producing temporary disability,
and beginning on the fifteenth day thereof, the employer shall pay the weekly
compensation during the period of such disability, but not exceeding 300 weeks,
including the periodical increase in cases to which the preceding section
applies.
Sec. 1395. Permanent total disability.—For an injury causing permanent
total disability, the employer shall pay the weekly compensation during the
period of his disability, not, however, beyond 400 weeks.
Sec. 1390. Schedule.—Compensation for permanent partial disability shall
begin at the date of injury and shall be based upon the extent of such dis
ability, and for all cases of permanent partial disability included in the fol
lowing schedule compensation shall be paid as follows:
1. For the loss of a thumb, weekly compensation during 40 weeks.
2. For the loss of a first finger, commonly called the index finger, weekly
compensation during 30 weeks.
3. For the loss of a second finger, weekly compensation during 25 weeks.
4. For the loss of a third finger, weekly compensation during 20 weeks.
5. For the loss of a fourth finger, commonly called the little finger, weekly
compensation during 15 weeks.
0.
The loss of the first or distal phalange of the thumb or of any finger shall
equal the loss of one-half of such thumb or finger and compensation shall be
one-half of the time for the loss of such thumb or finger.
7. The loss of more than one phalange shall equal the loss of the entire finger
or thumb.
8. For the loss of a great toe, weekly compensation during 25 weeks.
9. For the loss of one of the toes other than the great toe, weekly compensa
tion during 15 weeks.
10. The loss of the first phalange of any toe, shall equal the loss of one-half
of such toe aud the compensation shall be one-half of the time provided for
the loss of such toe.
.11. The loss of more than one phalange shall equal the loss of the entire toe.
12. For the loss of a hand, weekly compensation during 150 weeks.
13. The loss of two-thirds of that part of an arm between the shoulder joint
and the elbow joint shall equal the loss of an arm and the compensation there
for shall be weekly compensation during 225 weeks.
14. For the loss of a foot, weekly compensation during 125 weeks.
15. The loss of two-thirds of that part of a leg between the hip joint and the
knee joint shall equal the loss of a leg, and the compensation therefor shall
be weekly compensation during 200 weeks.
16. For the loss of an eye, weekly compensation during 100 weeks.
17. For the loss of an eye, the other eye having been lost prior to the in
jury, weekly compensation during 200 weeks.
18. For the loss of hearing in one ear, weekly compensation during 50 weeks,
and for the loss of hearing in both ears, weekly compensation during 150
weeks.
19. 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 equal permanent
total disability, to be compensated as such.
20. In all other cases of permanent partial disability, the condensation shall
bear such relation to the periods of compensation stated in the above schedule
as the disability bears to those produced by the injuries named in the schedule.
TEXT OF LAWS— IOWA
.
211
Sec. 1397. Basis of computation.— 1 Compensation shall be computed on
the basis of the annual earnings which the injured person received as salary,
wages, or earnings in the employment of the same employer during the year
next preceding the injury.
2. Employment by the same employer shall mean 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. The annual earnings, if not otherwise determinable, shall be three hun
dred times the average daily earnings in such computation.
4. 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. 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 accident shall be the basis for the computation.
5. 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 o f 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 kind is not
obtainable, then the class most kindred or similar in the same general employ
ment in the same neighborhood.
6. For employees in a business or enterprise which customarily 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
instead of 300 shall be the basis for computing the annual earnings; but the
minimum number of days which shall be used as a basis for the year’s work
shall not be less than 200.
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 employ
ment 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.
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 provisions of this chapter the compensation for each
subsequent injury shall be apportioned according to the proportion of disability
caused by the respective injuries which he shall have suffered.
Sue. 1398. Employees' contributions.—The compensation herein provided shall
be the measure of liability which the employer has assumed for injuries or
death that may occur to employees in his employment subject to the provisions
of this chapter, and it shall not be in any wise reduced by contribution from
employees or donations from any source.
Sec. 1399. Examination of injured employees.—After an injury the employee,
if so requested by his employer, shall submit himself for examination at some
reasonable time and 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, without cost to the employee; but if the employee requests, he
shall, at his own cost, be entitled to have a physician or physicians of his own
selection present to participate in such examination. The refusal of the em
ployee to submit to such examination shall deprive him of the right to any
compensation for the period of such refusal. When a right of compensation
is thus suspended, no compensation shall be payable for the period of sus
pension.
Sec. 1400. Statement of earnings.—The employer shall furnish, 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
thereto during the year or part of the year that such employee was in the
employment of such employer for the year preceding the injury; but not more
than one report shall be required on account of any one injury.
S ec . 1401. Penalty.—On failure of the employer to furnish such statement
of earnings for 30 days after receiving written request therefor from an in
jured employee, his agent, attorney, dependent, or legal representative, such
employer shall pay a penalty of $25 for each offense to be collected by the
commissioner in any court having jurisdiction and paid into the State treasury.
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Sec. 1402. Persons eonc!a nicely presumed wholly dependent.—The following
shall be conclusively presumed to be wholly dependent upon the deceased
employee:
1. The surviving spouse, with the following exceptions:
(а) When it is shown that at the time of the injury the surviving spouse
had willfully deserted deceased without fault of the deceased, then such sur
vivor sliail not be considered as dependent in any degree.
(б) When the surviving spouse was not married to the deceased at the time
of the injury.
(c)
When the deceased leaves no dependent children and the surviving
spouse remarries, then all compensation shall cease on the date of such
marriage.
2. A child or children under 16 years 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 or her death. An adopted child or
children or stepchild or stepchildren shall be regarded the same as issue of
the body.
;j. A parent of a minor who is receiving the earnings of the employee at the
time when the injury occurred. Step-parents shall be regarded as parents.
S ec. 1403. Payment to spouse.—If the deceased employee leaves a surviving
spouse, the full compensation shall be paid to her or him, subject to the ex
ceptions in the preceding section.
If the spouse dies before full payment, the balance shall be paid to the
person or persons wholly dependent on deceased, if any, share and share alike.
11* there are none wholly dependent, then such balance shall be paid to partial
dependents, if any, in proportion to their dependency.
Sec. 1404. Actual dependents.—In all other cases, questions of dependency
in whole or in part shall be determined in accordance with the facts as of the
date 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. If
there is no one wholly dependent and more than one person partially dependent,
the death benefit shall be divided among them in the proportion each dependency
bears to their aggregate dependency.
Sec. 1405. Lump sums.—Future payments of compensation may be com
muted to a present-worth lump-sum payment on the following conditions:
1. When the period during which compensation is payable can be definitely
determined.
2. When the written approval of such commutation by the industrial com
missioner has been filed in the proceedings to commute.
3. When it shall be shown to the satisfaction of the court or a judge thereof
that such commutation will be for the best interest of the person or persons
entitled to the compensation, or that periodical payments as compared with
a lump-sum payment will entail undue expense, hardship, or inconvenience
upon the employer liable therefor.
S f.c s . 1406-1408. Commutation proceedings.— [Commutation may be had on
petition to the district court or a judge thereof, with notice to the opposite
party; or by agreement approved by the industrial commissioner. Present
worth shall be calculated on a basis of 5 per cent interest per annum. Partial
commutation may be made, with provision for weekly payment of the portion
not commuted. 1
S ecs . 1400, 1410. Trustees.— [T ru stees m a y be appointed fo r m inors and
m ental incom petents, to receive and expend benefits under this c h a p te r ; such
trustees m ust m ake ann ual reports to the court as to their transactions, and
sh all be paid such com pensation by the county as the court m ay d irect.]
S ecs . 1411-1413. Nonresident aliens.— [Consular officers or agents, or a
representative resident in the State, is to be regarded as the exclusive repre
sentative of alien dependents residing outside the United States. On filing
credentials in the district court, such officer or representative shall be ap
pointed trustee for such dependents; and on filing credentials with the industrial
commissioner he shall notify such officer or representative of the death of all
employees leaving alien dependents, so far as the same comes to his
knowledge.]
S ec . 1414. Payment of premiums by employees.— [No device by which
employees pay any premium for insurance is valid, and employers withholding
wages for such puiDose are guilty of a misdemeanor.]
TEXT OF LAWS— IOWA
213
S ec . 1415. Waivers.—No employee or dependent to whom this chapter applies,
shall have power to waive any of the provisions of this chapter in regard to
the amount of compensation which may be payable to such employee or de
pendent hereunder.
S ec . 1416. Agreements.—Any contract or agreement made by any employer
or his agent or attorney with any employee or any other dependent under the
provisions of this chapter within 12 days after the injury shall be pre
sumed to be fraudulent.
S ec . 1417. Interstate and intrastate commerce.—So far as permitted, or not
forbidden, by any act of Congress, employers engaged in interstate or foreign
commcrce and their employees working only in this State shall be bound by the
provisions of this chapter in like manner and with the same force and effect
in every respect as by this chapter provided for other employers and employees.
Sec. 1418. Public employees.—All valid claims now due or which may here
after become due employees of the State under the provisions of this chapter
shall be paid out of any funds in the State treasury not otherwise appropriated.
S ecs . 1419, 1420. Warrant to issue.— [The auditor of the State must issue
warrants for compensation awarded State employees under this chapter, and the
approval of the board of audit is not required.]
S ec . 1421. Definitions.—In this and chapters 71 and 72, unless the context
otherwise requires, the following definitions of terms shall prevail:
1. “ Emploj'er ” includes and applies to any person, firm, association, or cor
poration, State, county, municipal corporation, city under special charter and
under commission form of government, school district, and the legal representa
tives of a deceased employer.
2. “ Workman” or “ employee” means a person who has entered into the
employment of, or works under contract of service, express or implied, or
apprenticeship, for an employer, except as hereinafter specified.
3. The following i>ersons shall not be deemed “ workmen ” or “ employees ” :
(a) A person whose employment is purely casual and not for the purpose of
the employer’s trade or business.
(b) A person engaged in clerical work only, but clerical work shall not in
clude any one who may be subject to the hazards of the business.
(c) An independent contractor.
(<Z) A person 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, city under special charter or commission
form of government.
4. The term “ workman ” or “ employee ” shall include the singular and plural
of both sexes. Any reference to a workman or employee who has been injured
shall, when such workman or employee is dead, include his dependents as
herein defined or his legal representatives; and where the workman or employee
is a minor or incompetent, it shall include his guardian, next friend, or trustee.
5. The words “ injury ” or “ personal injury ” shall be construed as follows:
(a) They shall include death resulting from personal injury.
( b) They 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.
(c) They shall not include a disease unless it shall result from the injury.
6. The words “ personal injury arising out of and in the course of the em
ployment” shall include injuries to employees whose services are being per
formed 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.
7. The word “ court ” wherever used in this and the two succeeding chapters,
unless the context shows otherwise, shall be taken to mean the district court.
Sec. 1422. Peace officers.—Any policeman (except those pensioned under the
policemen’s pension fund created by law), any sheriff, marshal, constable,
and any and all of thedr deputies, and any and all other such legally appointed
or elected law-enforcing officers, who shall, while in line of duty or from
causes arising out of or sustained while in the course of their official employ
ment. meaning while in the act of making or attempting to make an arrest
or giving pursuit, or while performing such official duties where there is peril
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WOKKMEn’ s COMPENSATION LAWS— UNITED STATES
or hazard peculiar to the work of their office, be killed outright, or become
temporarily or permanently physically disabled, or if said disability result in
death, shall be entitled to compensation, the same to be paid out of the general
funds of the State for all such injuries or disability.
Where death occurs, compensation shall be paid to Ihe dependents of the
officer, as in other compensation cases. Such compensation shall be the maxi
mum allowed in compensation cases. The industrial commissioner shall have
jurisdiction as in other cases.
S e c s . 1423-1432. Industrial commissioner.— [The governor is to appoint an
industrial commissioner for a term of six years, who shall appoint a deputy
to serve during his pleasure, and to have all the powers and perform all the
duties of the commissioner in his absence or disability. The commissioner
may not be financially interested in any business enterprise coming under or
affected by this chapter during his term of office. He is charged with admin*
istering the compensation law and the law relating to compensation liability
insurance, and to make and enforce necessary rules and regulations to that
end. He presides as chairman on boards of arbitration and keeps a record
of all proceedings and decisions, and may issue subpoenas, administer oaths, and
examine books and records. A biennial report to the governor is directed.]
Secs. 1433-1435. Records; reports of injuries.— [Employers are required to
keep a record of injuries causiug disability for more than one day, and report
the same in writing to the industrial commissioner on blanks to be procured
from him. Such report is to be made within 48 hours after knowledge of
the occurrence, and on the termination of disability a supplemental report
is to be made. If the disability continues beyond 60 days a report is then
to be made and a final report on termination.]
Sec. 1436. Agreements.— [Agreements between employers and employees are
to bo filed with the industrial commissioner, and if not disapproved by him
within 20 days they become enforceable for all purposes except as otherwise
provided in this act. A minor or iiLs trustee may make such agreement and
give a valid and binding release for compensation paid.]
S ecs . 1437-1446. Arbitration.— [In case of failure of the parties to agree,
either party may request the appointment of a board of arbitration. On the
receipt of such request the commissioner notifies each party to name a mem
ber, he himself or his deputy being the third, who shall act as chairman;
or if either party fails to name an arbitrator within the time fixed, the com
missioner may appoint one. Arbitrators take an oath to perform their duties
impartially, and are authorized to make inquiries and hear evidence, applying
liberal rules, not being bound by common law, by legal or technical requirements
as to procedure. If a party or the parties desire, they may employ a short
hand reporter to be appointed by the commission, the expense to be taxed
with other costs. Provision is made for transcripts of the evidence, and the
taking of depositions. District courts may enforce by proper proceedings the
attendance of witnesses and the giving of evidence. Findings of the board of
arbitration, with a statement of evidence submitted and findings of fact,
rulings of law, and other pertinent matters shall be filed with the industrial
commissioner.]
S ecs . 1447-1460. Reviews and appeals.— [Any party aggrieved by the deci
sion or findings of a board of arbitrators may within 10 days thereafter file
a petition for review with the industrial commissioner, who shall there
upon fix a hearing at which the evidence will be considered, with additional
evidence, if offered. Notice of such additional evidence must be given the
opposite party or his attorney five days in advance. The commissioner may
affirm, modify, or reverse a decision, or remand it to the board of arbitration.
The findings must be in writing, stating findings of fact and conclusions of
law. Appeal may be taken within 30 days to a district court, the commis
sioner, on notice, to furnish a transcript of all documents in the case. Such
an appeal has precedence on the docket over all other civil business; only
matters of law can be considered, findings of fact being conclusive in the
absence of fraud. The order of the industrial commissioner may be modified,
reversed, or set aside if the commissioner acted without or in excess of his
powers, if the order or decree was procured by fraud, or if it is not supported
by the facts found, or if there is not sufficient competent evidence in the
j record to warrant such order or decision. In such case the court may remand
TEXT
or
LAWS— IOWA
215
the ease for further proceedings or may enter the proper judgment. No
costs except filing and transcript fees shall be charged so far as clerks are
concerned, the taxation cost being in the discretion of the court.
An appeal may be taken from the district court to the supreme court, to be
dockcted and submitted in the same time and manner as criminal cases.
Any award or agreement of continuing payments may be reviewed by the
industrial commissioner at the request of either party, and if the condition
of an employee warrants a change, he may end, diminish, or increase the
compensation. Such review will be had 011 i>etition, the commissioner to give
notice to the parties in interest as to the time fixed. The place will be
at the seat of the government unless by stipulation the hearing is to be else
where.]
Sec. 1461. Examination hy physician.— [The industrial commissioner may
appoint an impartial physician to examine a claimant and make report, allow
a fee of $5, or additional amounts in extraordinary cases. Such physician may
testify before the commissioner or other body as to the results of his examina
tion or the condition of the injured employee.]
Secs. 1462-1464. Fees.— [Fees and claims for legal, medical, hospital, and
burial services are subject to the approval of the industrial commissioner, and
give rise to no lien without such approval. The appointed arbitrators receive
fees of $5 each, but additional amounts may be allowed in extraordinary cases.
The employer pays such fees but may deduct one-half the sum from any com]>ensation found due the employee. Other costs incurred in hearings before a
board of arbitration or the commission shall be taxed in his or its discretion.
Witness fees are the same as allowed in the district court.]
Secs. 1465, 1466. Judgments on awards.— [On presentation to the district
court of the county of a certified copy of an order or decision of the commis
sioner or an award of the board or arbitration not appealed from, it shall be
filed and judgment entered thereon of the same effect as though rendered in a
suit duly heard and determined by said court. If an award is subsequently
modified, the judgment of the court shall be modified to conform.]
S ecs . 1467-1478. Insurance.— [Employers under the act must give proof of
solvency or insure in some approved corporation, association, or organization,
evidence of which must be submitted to the commissioner. Employers failing
to insure must post a notice to their employees to that effect, failure being a
misdemeanor. The commission on compensation reinsurance is limited to 15
per cent of the premium charged. Mutual companies may be formed by groups
of employers by themselves or an association of their workmen; also approved
schemes of compensation or benefit insurance may be provided in lieu of other
provision, but added benefits must be furnished commensurate with any con
tributions required of the workmen. Certificates of approval of such schemes
or of self-insurers may be withdrawn on notice and hearing if the facts war
rant such action.
Policies may not provide for a release of insurer in case of the insolvency of
the employer, and must contain a provision for direct payment by the insurer
to beneficiaries, workmen having a fixed lien upon any amount becoming due
on the policy to the employer from the insurance carrier. Notice, knowledge,
and jurisdiction on the part of the employer must be accepted as applying to
the insurer.]
S ec . 1479 (as amended 3925, ch. 162). Five or more employees.—When
any employer has more than five persons employed in hazardous employment,
excepting the employments recited in the first section of chapter 70, Code, 1924,
and such employer has elected to reject the compensation provisions of said
chapter, or when any such employer has not rejected the terms and provisions
thereof by filing and posting notices as provided in chapter 70, Code, 1924, but
has failed to insure his or its liability in one of the ways provided in this
chapter, unless relieved from carrying such insurance as provided in the second
preceding section, then any such employer's employee who has not rejected the
provisions of this chapter, in case of personal injury in the course of, and aris
ing out of such employment, shall have the right to elect to collect compensa
tion as provided in chapters 70 and 71, Code, 1924, or collect damages at common
law as modified by said chapter 70.
S e cs . 1480, 1481. Election hy employee.— [The election provided for in the
preceding section must be made in writing within 60 days after the receipt of
an injury giving rise to a claim for compensation for damages; otherwise it
216
w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES
will be conclusively presumed that compensation has been elected. On receipt
of notice by the commissioner, he must within five days inform the employer of
the election made.]
[Other provisions of law give a lien against any railway, interurban railway, *
or street-railway corporation or copartnership to secure a judgment or claim
for compensation under the Iowa workmen’s compensation act for personal
injuries to employees (Code, sec. 5100) ; exempt compensation awards from
garnishment, attachment, and execution (Acts of 1923, eh. 20) ; and authorize
cities and towns to provide hospital, nursing, and medical attention for members
of the police and lire departments, the amounts received by members of such
departments under the compensation law to be deducted from the amount paid
by such city or town under this authorization.]
KANSAS
GENERAL STATUTES—1915
Compensation of workmen for injuries
S ectio n 5896 (as amended 1917, ch. 226). Compensation, payable, when.—
I f in any employment to which this act applies, personal injury by accident
arising out of and in the course of employment is caused to a workman, his
employer sliall, subject as hereinafter mentioned, be liable to pay compensa
tion to the workman in accordance with this act. Save as herein provided no
such employer shail be liable for any injury for which compensation is recov
erable 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 iieriod 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
liis 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 statu
tory regulations affecting safety of life or limb, or from his intoxication, any
compensation in respect to that injury shall be disallowed.
Sec. 5897. Fines, etc.—Nothing in this act shall affect the liability of the em
ployer or employee to a fine or penalty under any other statute.
S ec . 5898. Contractors.— (a) Where any person (in this section referred to
as 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 compensation under this act which he would have
been liable to pay if that workman had been immediately employed by him;
and where compensation is claimed from or proceedings are taken against the
principal, then, in the application of this act, references to the principal shall
be substituted for references to the employer, except the amount of compensa
tion 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 in
demnity 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 work
man from recovering compensation under this act from the contractor instead
of the principal, (d) This section shall not apply to any case where the acci
dent 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 management, or on, in, or about the execution of such work under
his control or management, (e) A principal contractor, when sued by a work
man of a subcontractor, shall have the right to implead the subcontractor,
(f) The principal contractor who pays compensation voluntarily to a workman
of a subcontractor shall have the right to recover over against the subcon
tractor.
Sec. 5899. Injuries by third parties.—Where the injury for which compen
sation is payable under this act was caused under circumstances creating a
legal liability against some person other than the employer to pay damages in
respect thereof, (a) the workman may take proceedings against that person
to recover damages and against any person liable to pay compensation under
this act for such compensation, but shall not be entitled to recover both dam
ages 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
217
218
w o r k m e n 's COMPENSATION LAWS— UNITED STATES
to subcontrading, shall be entitled to indemnity from the person so liable to
pay damages as aforesaid, and shall be subrogated to the rights of the work
man to recover damages therefor.
Skc. 5900 (as amended 1917, ch. 226). Scope of 7cur.-—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 ail 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 dan
gerous, in which from the nature, conditions or means of prosecution of the
work therein, extraordinary risk to the life and limb of the workman engaged
lhereiu are inherent, necessary, or substantially unavoidable, and as to each of
which employments it is deemed necessary to establish a new system of com
pensation for injuries to workmen. This act shall not apply in any case where
the accident occurred before this act takes effect, and all rights which have
accrued, by reason o f 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 l>een enacted. Agricultural
pursuits and employments incident thereto are hereby declared to be nonhazardous and exempt from the provisions of this act: Provided, That em
ployers whose work, trade, or business is not such as described and included
in this section of this act, and employers commencing or renewing in this
State any work, trade, or business, may elect to come within the provisions
of this act by filing with the secretary of state a written statement of election
to accept thereunder, and such election shall be effective when so filed, and such
election shall continue in effect unless and until such employer thereafter
desiring to change his election shall do so by filing a written declaration thereof
with the secretary of state, and the employee of any such employer so filing
such election shall be included herein unless such employee elects not to come
within this act as provided by section ♦ * * [5989], and if the 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 declara
tion thereof with the secretary of state.
S ec . 5901. Interstate commerce.—This act shall not be construed to apply to
business or employments which, according to law, are so engaged in interstate
commerce as to be not subject to the legislative power of the State, nor to per
sons injured while they are so engaged.
Sec. 5902. Small employers.—It is hereby determined that the necessity for
this law and 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) con
tinuously for more than one month at the time of the accident: Provided, hoioevcr, 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 regard to the number of workmen employed.
S ec . 5908 (as amended 1917, ch. 226). Definitions.—In this act, unless the
context otherwise requires, (a) “ Railway” includes street railways and internrbans; and “ employment on railways ” includes work in depots, power houses,
roundhouses, machine shops, yards, ahd upon the right of way, and in the
operation of its engines, cars, and trains, and to employees of express com
panies while running on railroad trains, except as provided in section 5901
of General Statutes of 1915. (b) “ Factory ” means any premises wherein
power is 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 expressly any
brickyard, moat-packing house, foundry, smelter, oil refinery, lime-burning
plant, steam heating plaut, 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 manu
facturing plant, (c) “ Mine” means any opening in the earth for the purpose
of extracting any minerals and all underground workings, slopes, shafts,
galleries, and tunnels, and other ways, cuts, and openings connected therewith,
including those in the course of being opened, sunk, or driven; and includes
TEXT OF LAWS— KANSAS
219
nil 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,
day, 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 busi
ness. (e) “ Electrical work ” means any kind of work in or directly connected
with the construction, installation, operation, alteration, removal, or repair
of wires, cables, switchboards, or apparatus used for the tran.-mission of elec
trical current or operation of telegraph or telephone lines, (f) “ Building work”
means any work in the erection, construction, extension, decoration, alteration,
repair, or demolition of any building or structural appurtenances, (g) “ En
gineering work” means any 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 conductors, sewer, oil or gas well, oil tank, gas tank, water tower, or
waterworks (including stand pipes or mains), any caisson work or work in
artificially compressed air, any work in dredging, pile driving, moving build
ings, moving safes, construction and repairing of streets, roads, and high
ways, or in laying, repairing, or removing underground pipes and connect:ions;
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 per
sons, corporate or unincorporate, and the legal representatives of a deceased
employer or the receiver or trustee of a person, corporation, association, or
lKtrtnership; 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 is leased
cr let to any lessee or lessees under any form of contract or agreement other
than on a royalty basis, then and in all such cases the lessee or lessees and
the lessor or lessors shall be deemed to be operating said mine, quarry, fac
to ry, or other place described above as employers jointly, (i) “ Workman ”
means any person who has entered into the employment of or works under con
tract 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 lias been injured shall
where the workman is dead include a reference to his dependents, as herein
after 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,” 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 brothel's and sis
ters. In the meaning of this section parents include step-parents, children include
stepchildren, and grandchildren include step-grandchildren, and brothers and
sisters include stepbrothers and stepsisters, and children and parents include
that relation by legal adoption. In the meaning of this section a widow shall
not be regarded as a dependent of a deceased workman nor as a member of
his family if she shall have for more than six months willfully or voluntarily
deserted or abandoned him prior to the date of his death; and a husband,
whether he be capable of wage earning or not, shall not, within the meaning
of this section, be regarded as a dependent of his deceased wife nor as a mem
ber of her family if he shall have for more than six months willfully or vol
untarily deserted or abandoned her prior to the time of her death, (k) The
words “ arising out of and in the course of employment” as used in this act
shall not be construed to include injuries to the employee occurring while he
is on his way to assume the duties of his employment or after leaving such
duties, the approximate cause of which injury is not the employer’s negligence.
Sec. 5904. Incompetent persons.—In case an injured workman 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 election accrues to him under this act. his
guardian may, in his behalf, claim and exercise such right, privilege, or election,
and no limitation of time, in this act provided for, shall run, so long as such
incompetent or minor has no guardian.
1965°— 20------ 15
220
w o r k m e n 's
COMFEXSATIOX LAWS---- UNITED STATES
Skc. 5905 (as amended 1917, ch. 22G). Medical, etc., treatment; schedule of
payments.—The amount of compensation under this act shall be: (1) On
demand, the employer shall pay the cost, not exceeding $150. of a physician and
all such medical, surgical, and hospital treatment, including nursing, medicines,
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 rea
sonably do so, the employer shall be liable for the reasonable expenses incurred
by or on behalf of the employee in providing the same within the limits as to time
and amount hereinbefore expressed: Provided. That no employer shall be liable
for any medical, 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 hereinbefore set forth. (2) (a) If
a workman leaves any dependents wholly dependent upon his earnings, a sum
equal to three times his average yearly earnings, computed as provided in sec
tion
* * * [5906], but not exceeding $3,800 and not less than $1,400:
Provided, That any payment under this act on account of any injury from
which death shall thereafter result, except such payments as may be made
under paragraph 1 of this section, shall be deducted from such sum: And pro
vided, 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 $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 $150. (d) Marriage of any
dependent shall terminate all compensation of such dependent, but shall not
affect the compensation allowed other dependents. When any minor dependent,
not physically or mentally incapable of wage earning, shall become 18 years of
age, such compensation shall cease. (3) (a) Where total permanent disability
results from the injury, no compensation shall be paid during the first week of
disability, except that provided in paragraph 1 of this section, but after the
expiration of said first week, payment shall be made as provided in section 5907
of the General Statutes of 1915 during such permanent total disability of a
sum equal to 60 per cent of the average weekly earnings of the injured work
man, computed as provided in section * * * [5906]. but in no case less
than $6 per week nor more than $15 per week. The payment of compensation
for total permanent disability shall not extend over a period exceeding eight
years from the date of injury. Loss of both eyes, both hands, both arms, both
feet, or both legs shall, in the absence of proof to the contrary, constitute total
permanent disability. Substantially total paralysis, or incurable imbecility or
insanity, resulting from an injury independent of all other causes, shall consti
tute total permanent disability. In all other cases total permanent disability
shall be determined in accordance with the facts, (b) Where temporary total dis
ability results from the injury no compensation shall be paid during the first
week of disability, except that provided in paragraph 1 of this section, but after
the expiration of said first week payment shall be made in accordance with the
provisions of section 5907 of the General Statutes of 1915, during such tempo
rary total disability, of a sum equal to 60 per cent of the average weekly earn
ings 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
partial disability resulting from the injury, payment for such permanent partial
disability shall be made as provided in clause (c) of this paragraph of this
section, (c) Where disability, partial in character but permanent in quality,
results from the injury, the injured workman shall be entitled to the compensa
tion provided in paragraph 1 of this section, but shall not be entitled to any
other or further compensation for or during the first week following the injury.
Thereafter, compensation in a lump sum shall be paid as provided in the fol
lowing schedule, the average weekly wages to be computed as provided in sec
tion * * * [5906], and the compensation to be in no case loss than $6
per week nor more thnn $12 per week.
(1)
For the loss of a thumb, 50 per cent of the average weekly wages during
60 weeks.
TEXT OP LAWS— KANSAS
221
(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 vrecks.
(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 two-thirds 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
tlie first and second phklanges 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 bo
equal to the loss of one-half of such toe, and the compensation shall bo onelialf 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 wagrs
during 125 weeks.
(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.
(1.6) Amputation or severance between elbow and wrist shall be considered
as the loss of a hand. Amputation at or above the elbow shall be considered
as the loss of an arm. Amputation between knee and ankle shall be considered
as the loss of a foot. Amputation at or above the knee shall be considered as
the loss of a leg.
(17) For the complete loss of hearing of both ears, 50 per cent of the average
weekly wages during 100 weeks.
(18) For the complete loss of hearing of one ear, 50 per cent of the average
weekly wages during 25 weeks.
(19) Should the employer and employee be unable to agree upon the amount
of compensation to be paid in any case of injury not covered by the schedule,
the amount of compensation shall be settled according to the provisions of this
act as in other cases of disagreement: Provided, however, In case of partial
disability not covered by schedule the workman shall receive during such
period of partial disability not exceeding eight years, 60 per cent of the differ
ence 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.
(20) If a workman has received an injury for which compensation is being
paid him, and his death is caused by other and independent causes, any pay
ments of compensation already due him at the time of his death and then
unpaid, shall be paid to his dependents direct, or to his legal representatives
if he left no dependents, but the liability of the employer for payments of com
pensation not yet due and payable at the time of the death of such workman
shall cease and be abrogated by his death.
(21) 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
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w o r k m e n ’ s c o m p e n s a tio n LAWS— UNITED STATES
workman shall be the difference between the amount provided in the schedule
of this section for his prior injury and the total sum which would be due said
employee for such total disability computed as provided in section * * *
[5906], but in 110 case less than $6 per week nor more than $15 per week.
(22) Permanent loss of the use of a hand, arm, foot, leg, or eye, as a direct
result of an injury, shall be considered as the equivalent of the loss of such
band, arm, foot, leg, or eye.
(23) The compensation for the foregoing specific injuries shall be in lieu of
all other compensation, except the benefits provided in paragraph 1 of this
section. Where the said minor or his dependents are entitled to compensation
under the provisions of this act, such compensation shall be exclusive of all
other remedies or causes of action for such injury or death, and no claim or
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 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 growing out of the injury or death of such
female employee.
Sec. 5906 (as amended 1917, ch. 226). Earnings computed, hoic.—The aver
age 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 continu
ously 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 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, fifty-two times the average
weekly amount which, during the 12 months immediately preceding the acci
dent, was being earned by a person in the same grade employed at the same
work by the same employer, undiminished by loss due to absence from work
on account of illness or other unavoidable cause; and If there is no person
in the same grade employed at the same work by the same employer, then
fifty-two times the average weekly earnings of a person in the same grade
employed by the same or other employer in the same district at the same or
similar work or employment, (c) Where the workman had entered into con
current 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 earn
ings under all such contracts were earnings in the employment of the em
ployer for whom he was working at the time of the injury, (d) Where the
employer has been accustomed to pay to the workman a sum to cover any
special expenses entailed upon him by the nature of his employment, the sums
so paid shall not be reckoned as part of the earnings of the workman; nor
shall tips 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 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 committee 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 paragraph 1 of this
section.
3. In computing average earnings of a workman under the preceding para
graphs of this section regard shall be fead to the earnings for what is com
monly regarded as a day's work or a week's work for the employment on which
the average earnings are calculated.
TEXT OP LAWS— KANSAS
223
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.
Sec. 5907. Payments.—The payments shall be made at the same time, place,
and in the same manner as the wages of the workman were payable at the
time of the accident, but a judge of any district court having jurisdiction
upon the application of either party may modify such regulation in a particu
lar case as to him may seem just.
Sec. 5908. Payments to dependents.—Where death results from the injury
and the dependents of the deceased workman, as herein defined, have agreed to
accept compensation, and the amount of such compensation and the appor
tionment thereof between them has been agreed to or otherwise determined,
the employer may pay such compensation to them accordingly (or to an
administrator if one be appointed) and thereupon be discharged from all fur
ther 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 court 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 administrator, 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 ec . 5909 (as amended 3917, ch. 226). Payments exempt from execution,
etc.—No claim for compensation, or compensation agreed upon, awarded, ad
judged, or paid, shall be assignable or subject to levy, execution, attachment,
garnishment, or any other remedy or procedure for the recovery or collection
of a debt, and this exemption can not be waived
S ec . 5910. [Repealed 1917, ch. 226.]
S ecs . 5911 (as amended 1917, ch. 226), 5912, 5918-5915 (as amended 1917,
ch. 226). Medical examinations.— [An injured workman must submit at reason
able times and places to examination by a physician selected by his employer,
but not oftener than once in four weeks, unless ordered by a judge of the
district court. The employee may have a physician selected and paid by him
in attendance, and unless such physician has a reasonable opportunity to
participate in the examination in the presence of the employer's physician, the
latter will not be permitted to give evidence as to matters in dispute. Either
party may require a report of any examination made by a physician employed
by the other on the payment of $1. A special examination may bo made by a
neutral physician at the instance of a committee, arbitrator, or judge hearing
a dispute, on petition of either or both parties, and at their expense. Refus
ing, obstructing, or preventing examination suspends compensation for such
period of refusal, etc. Reports of physicians must be supported in any court
proceedings by their testimony.]
Secs. 5916, 5917-5919 (as amended 1917, ch. 226), 5920, 5921-5928 (as
amended 1917, ch. 226). Procedure.— [Notice of an accident must be given
within 10 days thereafter, and claim for compensation within 8 months, or, if
fatal, within 6 months. Delivery must be personal or by registered mail.
Want of or defect in notice or in service is not a bar in the absence of actual
prejudice to the employer, nor if occasioned by a mistake, incapacity, or other
reasonable cause; failure to make a claim within the specified time is a bar,
except that the limitation does not run during any period of incapacity. Com
pensation may be settled by agreement, but if not, a committee, representative
of the parties and organized for the purpose, may act, or arbitrators elected
by it, in the absence of objection by either party. I f there be no such com
mittee, or objection is made, or the reference is not determined within 60 days,
a single arbitrator agreed on by the judge of a court may act. A committee
or arbitrator is not bound by technical rules of procedure, but must act reason
ably and without partiality. The finding is to be filed in the office of the clerk
of the proper district court within 60 days after the committee meets or the
arbitrator is elected, though the parties may agree in writing to extend the
time. If not so filed, the court may order an award to be filed within 10 days.
Arbitrator’s fees are to be fixed by the consent to agreement entered into by
the parties, or if not, shall not exceed $10 per day for not more than 10 days,
224
w o r k m e n 's
COMPENSATION T-AWS----UNITED st a te s
with expenses. Costs aiv to l>e taxed or apportioned in the discretion of the
arbitrator.
Awards «re to be in writing, with specified amounts due and unpaid, and
tlie amounts to be paid subsequently. No lump sum may be awarded except
of amounts in arrears. Any award may be modified by subsequent written
agreement of the parties, but such modifications will not be valid as against
the workman unless filed in the office of the clerk of the district court within
60 days after their execution. Final receipts are to be acknowledged and
verified bv the workman and filed with the court as above.
Review may be had at any time before the final payment of the applica
tion of either party, at which time the court may appoint physicians or
surgeons to examine the workman and report. It shall hear all competent
evidence, and if action in excess of power, or obtained by fraud is discovered,
or if the award is grossly excessive or inadequate, or the condition of the
workman has changed, the court may modify the award according to its
findings; or if it appears that the workman is earning an equal or greater
income, or has absented himself from reasonable examination by a physician
or has gone outside the United States or the Dominion of Canada, the court
may cancel the award and end the compensation. The provisions as to review
do not apply to awards under the schedule for specific injuries.]
S kc. 5924. [Repealed 1917, ch. 226.]
Secs. 5925-5927 (as amended (sec. 5926 repealed), 1917, ch. 226). Lump
gums.— [At any time during a term of periodic payments a workman may apply,
with notice to his employer, for commutation by the court to a lump sum
equal to 80 per cent of the unpaid portion of the award, and if the court, taking
the circumstances into consideration, is satisfied that the application is made
because of doubt as to the security of the compensation, it shall compute the
sum and enter judgment as if in an action at law; but if the employer gives
good and sufficient bond approved by the court, no execution will issue so
long as payments are continued in accordance with the original award, tindiminished by the discount. The employer may stay proceedings in regard
to the application by furnishing a certificate of insurance or giving bond.
Where payments have been made for not less than six months the liability
undor the award may be redeemed by the employer at his option by the
payment of a lump sum equal to 80 per cent of the unpaid balances, such
amount to be determined by agreement, or on application of either party, by
the court.]
Sec. 5928. Insurer’s rights.—Where the payment of compensation to the work
man is insured, by a policy or policies, at the expense of the employer, the
insurer shall be subrogated to the rights and duties under this act of the
employer, so far as appropriate.
S kc. 5929. Courts.—All references hereinbefore to a district court of the
State of Kansas having jurisdiction of a civil action between the parties shall
be construed as relating to the then existing code of civil procedure. Such
court shall make all rules necessary and appropriate to carry out the provisions
of this act.
S ecs . 5930-5032 (as amended 1917, ch. 226).
Legal enforcement— [In the
absence of agreement or consent to arbitration, a right to compensation shall
be determined and enforced by action in any court of competent jurisdiction,
but not until the workman has consented to an arbitration or applied to the
court for an arbitrator. Cases are to be tried by the court without a jury
unless demanded. Judgments will be for lump sums except in cases where
the injury is not ascertainable by objective examination, when periodical pay
ments during incapacity will be ordered, subject to review after the expira
tion of six months, at which time the award may be modified in accordance
with the evidence. In cases of death, proper distribution must be made to
the various dependents if more than one. An action to set aside a release
or other discharge of liability on the ground of fraud or mental incapacity may
be joined with an action for compensation. E^oceedings may not be brought
or maintained outside the State, and notice will be given by publication against
n<i» residents.
Rights under this act accrue at the time of the occurrence of the accident,
and iimitations run from that date.
Claims for attorneys* fees for services under the act shall not be an enforce
able lien unless the services were rendered under the terms of a written
contract approved in writing by the judge of the county of the workman’s
residence.]
TEXT OF LAWS— KANSAS
225
Secs. 5933-5937. Substitute schemes.— [Schemes maintained by one or more
employers and tlieir workmen providing benefits not less favorable than those
of the act, or, if employees contribute, providing added corresponding bene
fits, may be approved by the superintendent of insurance with the advice and
approval of the attorney general; and while a certificate of such approval is
not in force, employers operating thereunder are liable only in accordance
with such scheme. Suitable provisions must be made for the equitable distribu
tion of any moneys or securities held for the purpose of this scheme, and
certificates may be revoked for cause. The superintendent of insurance may
make necessary rules and regulations and require such reports as he thinks
necessary.]
S e c s . 5988-5941 (as amended 1917, ch. 226). Elections; defenses.— [Em
ployers entitled to come within the act according to the terms are presumed to
have done so with the exception of those who are privileged to act in ac
cordance with sections 5900 and 5902, in the absence of a written statement
filed with the secretary of state rejecting the act. A change of election may
be made only by filing a similar declaration. Notice of such election must
be posted by the employer conspicuously in and about his place of business.
Employees rejecting the act must file notice thereof with the secretary of
State before injury, a duplicate being filed with employer at the same time;
change may be similarly made. A contract wherein an employer requires
rejection as a condition of employment is void. Employers entitled to come
within the act, but electing not to do so, may not, in any action for injuries
due to their negligence, plead the common-law defenses of assumed risk,
fellow service, or contributory negligence: but if an employee electing not
to come within the act sues an employer thereunder, the aforesaid defenses
are available, but not where the injury was caused by the willful negligence
of the employer or his agent]
Sbo. 5942. Railroad employees.— [This statute does not affect the law
relating to the liability of railroad companies for injuries to their employees.]
ACTS OF 1919
C h apter
222.—Waiver of compensation or damages by blind persons
S ection 1. Waiver.—It shall hereafter be lawful for any blind person over
the age of 18 years to agree to and with his or her employer to waive his
or her right to damages or compensation for any personal injury arising
out of or in the course of his or her employment, for which injury such
blindness was tlie direct cause, and any such agreement shall be valid and
binding upon the parties thereto.
KENTUCKY
ACTS OF 1910
C h apter
33.—Compensation for injuries to workmen
S e c t i o n 1 (as amended 1918, ch. 176; 1922, ch. 50; 1924, ch. 70). Scope of
act.—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 rail
ways, or such common carriers other than steam railways for which a rule
of liability is provided by the laws of the United States: Provided, however,
It shall apply to operators of threshing machines used in threshing or hauling
grain or seeds. 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 the employment, or for death resulting
from such accidental injury: Provided, however, That personal injury by acci
dent 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 but shall include injuries or death
due to the inhalation in mines of noxious ,'raises or smoke, commonly known
as “ bad air,” and also shall include the injuries or death due to the inhalation
of any kind of gas.
Any employers and employees who are, by the provisions of this section,
excepted from the provisions of this act, including employers having less than
three employees, 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.
S e c . 2 (as amended 1926, ch. 193). Public employments.— IThe term “ em
ployer ” as used in this act shall be construed to include municipal corporations
and any subdivisions or corporations thereof; and the term “ employer” as
used in this act shall also be construed to include all departments of the State
government, and any election with reference to this act shall be exercised by
the head of such department so electing: Provided, however, That nothing con
tained in this act shall be construed as amending or repealing any statute or
ordinance relating to associations or funds for the relief, pensioning, retire
ment, or other benefit of any employee of such municipal employer, or any of
the employees of any State department, or the widows, children, or dependents
of such employees, or in any manner interfering with the same as now or
hereafter established.]
Sec. 3. Remedy exclusive.—Whereas, at the lime of the injury, both em
ployer and employee have elected to furnish or accept compensation under
the provisions of this act for a personal injury, received by an emi>loyee 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 employer shall be
liable to provide and pay compensation under the provisions of this act and
shall be released from all other liability whatsoever: Provided, however, That
if injury or death result to an employee 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 permitted 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 em
ployee 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 sus
tained by the employee, his dependents or personal representatives as may be
recoverable at law. If a suit is brought under this section, all right to com
226
XEXT OP LAWS— KENTUCKY
227
pensation 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.
Notwithstanding anything hereinbefore or hereafter contained no employee
or dependent of any employee shall be entitled to receive compensation on
accouut of any injury to or death of an employee caused by a willful selfinflicted injury, willful misconduct, or intoxication of such employee.
Sec. 4 (as amended 1920, ch. 37). Medical, etc., treatment.—In addition to
all other compensation herein provided, such medical, surgical and hospital
treatment, including nursing, medical and surgical supplies and appliances,
as may reasonably be required at the time of the injury and thereafter during
disability, but not exceeding 90 days nor exceeding a total expense to the em
ployer of more than $100 on account of the benefits provided by this section,
unless the board shall, by order made within that time, direct au extension
of said period of treatment or direct an extension of said limit of expense
to not exceeding $200, to cure and relieve from the effects of the injury shall
be furnished by the employer, 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 :>id as
may be reasonably necessary at the expense of the employer within the limits
of this section.
Sec. 4a (as amended 1924, ch. 70). Hernia.—In all claims for hernia re
sulting from injury received in the course of and resulting from the employee’s
employment it must be definitely proved to the satisfaction of the board:
1. That there was an injury resulting in hernia.
2. That the hernia appeared suddenly and immediately followed the injury.
3. 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 employer shall
provide competent surgical treatment by radical operation, the limits of bene*
fits payable under section 4 hereof, being increased 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 condi
tion so as to render it more than ordinarily unsafe to submit to such opera
tion, he shall, if unwilling to submit to the operation, be entitled to compensa
tion 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 opera
tion, he shall be entitled to compensation for disability under the general
provisions of this act for not exceding 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 his actual dis
ability following such operation. If the hernia result in death within one
year after it is sustained, or the operation result in death, such death shall
be deemed a result of the injury causing such hernia and compensated ac
cordingly under the provisions of this act. This paragraph shall not apply
where the employee has refused to submit to an operation which has been
lound by the examination herein provided for not to be more than ordinarily
unsafe.
Sec. 5. Change of physician.—If it be shown that the employer is furnish
ing the requirements provided by section 4 hereof in such manner that there
is reasonable 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 employer fail
promptly to comply with such order after receiving it, may permit the em
ployee or some one for him to provide the same at the expense of the em
ployer 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
228
WORKMEN’s COMPENSATION LAWS— UKITED STATES
treatment received by such employee from any physician, hospital, or attendant
thereof.
Sec. 6. Fees.—All fees and charges under sections 4 and 5 shall be fair and
reasonable, shall be subject to regulation by the board, and shall be 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 also consider 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 authorities 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 unreasonable refusal, failure, or neglect
lo submit to or follow any competent surgical treatment or medical aid or
advice.
S ec . 7. (as amended 1918, ch. 176.) Waiting time, etc.—Except as provided in
sections 4 and 5 hereof, no 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 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: Provided, however, This section
as amended shall not become effective until August 1, 1918.
Sue. 8. Work outside State.—Employers who hire employees within this
State to work in whole or in part without this State, may agree in writing
with such employees to exempt from the operation of this act injuries received
outside of this State; in the absence of such an agreement, the remedies pro
vided by this act shall be exclusive as regards injuries received outside this
State upon the same terms and conditions as if received within this State.
Sec. 8a. Waivers.— N o contract or agreem ent, w ritten or im plied, no ru le,
regulation, or oilier device, sh all in a n y m anner operate to relieve an y em
ployer in w hole or in p art o f any obligation created by this act except a s
lie vein provided.
5Sec. 9 (as amended 1922, ch. 50). Liability of third parties.—Whenever an
injury for which compensation is payable under this act shall have been
sustained under circumstances creating in some other person than the em
ployer 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 andl such other person to recover damages, but
he shall not collect from both, and if compensation is awarded under this act
either the employer or his insurance carrier, having paid the compensation
or having become liable therefor, shall have the right to recover in his or its
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.
Sec. 10 (as amended 1922, ch. 50; 1924, ch. 70). Employees of contractors.—
A principal contractor, intermediate or subcontractor shall be liable for com
pensation to any employee injured while in the employ of any one of his intermediate or subcontractors and engaged upon the subject matter of the contract,
to the same extent as the immediate employer. Any principal, intermediate,
or subcontractor [or their insurance carrier] who shall pay compensation
under the foregoing provision may recover the amount paid from any sub
ordinate 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 employer, but such
proceeding shall not constitute a waiver of the employee’s rights to recover
compensation under this act from the principal or intermediate contractor:
Provided, That the collection of full compensation from one employer shall
bar recovery by the employee against any others; nor shall he collect from
all a total compensation in excess of the amount for which 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 contract [control] otherwise or manage
ment.
TEXT OP LAWS— KENTUCKY
229
Sec. 11 (as amended 1024, ch. 70). Minors.—A minor 10 years of age or over
and a minor under 16 years of age who has procured Ills employment upon the
written certification of his parent, guardian, or one having legal authority over
him that lie is over 16 years of age, shall be deemed sul juris for the purposes
of this act and no other persou shall have cause of action or right to com
pensation 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. Iu the event
of a lump sum of compensation to such m<nor employee, payment shall be
made to the guardian of such minor. Such certificate shall be in form as
follows: “ To (name of employer). This is to certify that (name of minor
employee), of whom the undersigned is th e ---------, is over the age of 16 years.
Signed this --------- day of ---------Identification of such signature of the
parent, guardian, or person hav.ng legal authority over such minor employee
shall constitute conclusive proof of such procurement of his employment iu
any hearing or proceeding in which the same may be material or in issue.
S e c . 12. Compensation for death.—If deaih results within two years from an
acc’dcnt for which compensation is payable under this act, the employer or
his insurer shall pay to the persons entitled to compensation, or, if none, then
to the personal representative of the deceased employee, reasonable burial
expenses -of a person of the standard of living of the deceased, 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 paid, in
addition to the burial expenses and medical expenses, if any otherwise pro
vided 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 of the
average weekly earnings of the deceased employee, but not to exceed $12 nor
less than $5 per week, shall be payable, all such payments 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 intervening 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 such part
of what would be payable for total dependency as the partial dependency exist
ing at the time of the accident to the employee may be proportionate to total
dependency, all such payments to be made for flie 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
shali 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.
Skc. 13. Persons icholly dependent.—The following persons shall be presumed
to be wholly dependent upon a deceased employee: (a) A wife upon a husband
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 vol
untarily 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 no person
shall be considered a dependent in any degree unless he be living in the house
hold 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 commonlaw marriage of such dependent and upon the cessation of compensation to or
on account of any person, the compensation of the remaining persons entitled
to compensation shall, for the unexpired period during which their compensa
230
WORKMEN’ S COMPENSATION LAWS— UNITED STATES
tion is payable, be tliat 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.
Sec. 14. Definitions.—As used in this act, the term “ child” includes step
children, legally adopted children, posthumous children, and recognized ille
gitimate children, but does not include married children unless actually de
pendent.
The terms “ brother” and “ sister” include stepbrothers, stepsisters, and
brothers and sisters of the half blood or by adoption, but excludes married
brothers or sisters unless actually dependent. The term “ grandchild ” includes
children of adopted children and children of stepchildren, but excludes step
children of children or of adopted children 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.
Sec. 15. Payments a release.—Payment of death benefits, in good faith, to a
supposed dependent 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 iasurer 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 made under such direction shall release the employer and
insurer from all liability: Provided, 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
pending 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.
S ec . 16 (as amended 1918, ch. 176; 1920, ch. 37). Total disability.—When the
injury causes 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
$15 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 a maximum sum of $6,000. In case the period of
total disability begins after a 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
$6,000. 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 botli arms
or both legs, and of one arm and one leg. (6) An injury to the skull resulting
in incurable insanity or imbecility. 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.
S ec . 17 (as amended 1918, ch. 176; 1920, ch. 37). Partial disability.—In case
of an injury resulting in temporary partial disability, the employee shall receive
during such disability, except the first seven days thereof, a weekly compensa
tion 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 333 [335?] weeks from the date of injury, nor exceed
ing the sum of $15 per week nor the maximum sum of $4,000. In case partial
disability follows a period of total disability, such period of total disability
shall be deducted from the maximum period allowed for partial disability and
the benefits paid on account thereof from the maximum allowed for partial
disability.
Sec. 18. Schedule.—For injuries enumerated in the following schedule, the
employee 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
TEXT OF LAWS----KENTUCKY
231
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 w it:
For the loss of a thumb, 65 per cent of the average weekly wages during
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 considered
to be equal to the loss of one-half of such thumb; the loss of more than onehalf 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 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 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 metacarpel 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 injuries)
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 wages 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 disfigure
ment which will impair the future usefulness or occupational 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 dis
ability 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 would 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
compensation is paid and the amount thereof shall be deducted respectively
from the maximum period and maximum amount which may be paid under
this paragraph.
Sec. 19. Refusal to work.—If an injured employee refuses employment rea
sonably 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.
232
w o r k m e n 's c o m p e n sa tio n LAWS----UNITED STATES
Sec. 20. Second injury.—If a previously injured employee sustains a subse
quent injury which results in a condition to which both injuries, or their effects,
contribute the employer in whose employment the subsequent injury is sus
tained shall be liable only for the compensation to which such resulting condi
tion entitled the employee, less all compensation which the provisions of this
law would have afforded an [on] account of the prior injury or injuries had
they been compensated for thereunder.
Skc. 21. Review of awards.—Upon its own motion or upon the application of
any party interested and a showing of change of conditions, mistake or fraud,
the board may at any time review any award or order, ending, diminishing, or
increasing the compensation previously awarded, within the maximum and
minimum provided in this act, oi* change or revoke its previous order sending
immediately to the parties a copy of its subsequent order or award. Review
under this 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.
Sec. 22. Alien dependents.—Compensation under this act to alien dependent
widows and children, not residents of the United States, shail be one-half 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
them value thereof. Alien widowers, parents, brothers, and sisters, not residents
of the United States, shall not be entitled to any compensation.
Sec. 23. Service of notice.— [Notices required by this act may be served by
registered mail directed to the last known address in due season, or by service as
notices in civil actions. Notices to a consular representative of the nation of a
nonresident dependent will be deemed notice to such dependent.]
Sec. 24. Computing wages.—Compensation shall be computed at the average
weekly wage earned by employee at time of injury reckoning wages as earned,
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 f c . 25. Advances.—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 convenience and financial
ability of the employer, authorize compensation to be paid monthly or quarterly.
S k c s . 20, 27. Lump sums.— [After six months* payments have been made
either party may apply for commutation to a lump sum. If found to be to the
best interests of either party and not subjecting the employer or his insurer to
undue risk of overpayment, the board may commute all or any part of the
unpaid amount to a present-worth payment discounted at a 5 per cent basis. If
deemed expedient such sum shall be paid to a trustee.]
S kc. 28. To whom payments made.—The benefits in case of death shall be
paid to such one or more dependents of the deceased employee, for the benefit
of all 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, according to their respective
claims on the deceased for support. The compensation 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.
Sec. 29. Failure to comply with safety statutes.—Where an accident is caused
in any degree by the intentional failure of the employer to comply with any
specific statute or lawful regulation made thereunder, communicatcd 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 pay
ment ; where the accident is caused in any degree by the intentional failure of
TEXT OP LAWS— KENTUCKY
233
the employee to use any safety appliance furnished by the employer, or to obey
any lawful or 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 (as amended 1924, ch. 70). Minors unlawfully employed.—In case
any minor employee who is injured or killed is, at the time of such injury,
employed iu willful and known violation 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:
Provided, however, That in case a minor under 16 years of age who procures
his employment upon the written certification by his parent, guardian, or one
having legal authority over him, as provided in section 11 of this act, that he
is over 16 years of age, his parents, statutory guardian, or personal representa
tive of a minor who is killed can not elect to claim either compensation under
the terms of this act or sue to recover damages as if this act had not been
passed, but he must rely on his claim, if any he has, for compensation under
the terms of this act. 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
institution 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. Claims preferred.—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.
Sec. 32. Assignments, etc.—No claim for compensation under this act shall
be assignable, and all compensation and claims therefor shall be exempt from
all claims of creditors.
S e c s . 33, 34, 35 (as amended 1922, ch. 50), 36 (as amended 1924, ch. 70), 37,
38 (as amended 1924, ch. 70). Notice and claim.— [Notice must be given to the
employer of an accident as soon as practicable. Olaim for compensation must
be presented within one year, either by the claimant or some one in his behalf.
I f payments have been voluntarily made, the making of a claim within such
period is not required but shall become requisite following the suspension of
such payments. Notice and claim must be in writing, in ordinary language,
giving the necessary details, and may be included in the same communication.
Service may be to an employer, one of two or more partners or the agent of a
corporation, and may be by personal delivery or by registered mail. Inaccu
rate compliance with the requirements as to details does not invalidate unless
the employer was in fact mislead to his injury thereby; nor will want of
notice or delay be a bar to proceedings if the employer had knowledge of tli<
injury or if the delay or failure was occasioned by mistake or other reason*
able cause.
During the compensation period, the workman must, on request, submit
himself at reasonable times and places to medical examination, at which he
may have present a physician employed by himself. Refusal or obstruction
of examination suspends compensation, and no compensation shall be paid for
a period during which it continues.
Limitations do not run against minors or mental incompetents so long as
there is no committee, guardian, or other person authorized to claim compen
sation for him.]
Secs. 39-41, 42 (as amended 1920, ch. 87; 1924, ch. 70; 1926, ch. 193), 42a,
4ri» (as amended 1920, ch. 37), 43. 44, 45 (as amended 1918, ch. 176), 46. 47.
Tl *rkmen'8 compensation board.— [The workmen’s compensation board of three
m nbei*s is to be appointed by the governor, members to hold terms for four
ye rs and until their successors have been appointed and qualified. A rotation
of expirations of terms is provided for. Qualifications of age. character, aud
service in any other public office (which is forbidden) are provided for. The
governor may remove for cause after hearing. Salaries and expenses are met
from the maintenance fund provided for in section 85 of this act. Members
receive $3,500 each, a secretary at $2,500, and a medical director and such
other assistants and employees as are necessary, salaries fixed by the period
within prescribed limits, $3,000 being the maximum for the medical director.
234
WORKMEN*S COMPENSATION LAWS— UNITED STATES
The members take oath, file bonds, and are allowed their traveling expenses,
together with rooms and lodging not exceeding $5 per day.
Offices must be obtained in the city of Frankfort, a seal procured, and regular
meetings held. A majority of the board constitutes a quoniin, and any investi
gation, inquiry, or hearing may be held or undertaken by one member of the
board, or an authorized referee. Findings, when approved by a majority of
the board, shall be deemed the order of the board. The board is authorized to
make suitable rules, is to observe summary and simple process and procedure,
may subpoena witnesses, administer oaths, and examine books and papers.
Fees are the same as in civil cases, and the circuit court must, on the applica
tion of the board, enforce the attendance and testimony of witnesses, or the
production for examination of books and papers.]
S ecs . 48-54, 55 (as amended 1926, ch. 193), 56-58, 59 (as amended 1926,
ch. 193), 60. Procedure.— [If a claimant and the employer reach an agreement
conformable to the provisions of this act, a memorandum*thereof shall be
filed with the board, and if approved by it, becomes enforceable as an award
of the board. Voluntary payments may be made without formal agreement,
but nothing shall operate as a final settlement except an approved memo
randum of agreement filed with the board, or an expiration of rights by
limitation. If the parties fail to reach an agreement, or disagreement arises
subsequent to an agreement filed, application may be made to the board for a
hearing. On receipt of such application the date of a hearing will be set, the
members to be notified; an attempt may be made for informal adjustment by
means of conference with the parties, but a hearing may not be delayed for
such purpose over the objection of either party. At the hearing witnesses
shall be heard and the decision arrived at in summary proceedings. The
award made together with the findings of fact and rulings of law must be
filed with the commission and copies of the award sent to the parties in
interest. Application for review may be made within seven days, whereupon
the full board, if the first hearing was not before it, must review the evidence
or may hear the parties and their witnesses and make an award as above
provided. Awards or orders not subject to application for review, or made
by the board on review, are conclusive and binding as to all questions of fa ct;
but appeal may be taken within 30 days by either party to the circuit court
on petition stating the grounds on which a review is sought which are limited
to the determination of whether or not the board acted without or in excess
of its powers, the order or award was procured by fraud, whether the de
cision was in conformity with the provisions of the act, or if finding of fact
were in issue whether such findings support the order, decision, or award.
No new or additional evidence may be produced at the court except as to the
fraud or misconduct of some person engaged in the administration of the act.
The court may affirm, modify, or set aside the award or may remand the cause
for further proceedings. I f a sufficient amount under existing laws is involved,
an appeal lies to the circuit court of appeals, in which proceeding is the same
as in a civil action, the exceptions limiting the field of review. On motion
of either party and a sufficient showing of reason or necessity therefor, orders
or awards appealed from may be continued in force by the court pending its
decision of the appeal. Any judgment rendered by a circuit court or modified
by mandate of the appellate court is subject to such modifications as are neces
sary to make it conform with a decision of the board ending, diminishing, or
increasing weekly payments under the provisions of section 21 of the act.
If the board determines that proceedings have been brought, prosecuted, or
defended without reasonable grounds, the whole cost of such proceedings may
be assessed against the offending party.
The board, may on its own motion, or on the application of either party
appoint a physician to make any necessary medical examination of the in
jured employee and testify in respect thereto. The fee may not exceed $10
except in extraordinary cases, fees and expenses to be paid out of the main
tenance fund. All attorneys’ and medical and hospital fees are subject to
the approval of the board. Attorneys’ fees may not exceed 15 per cent of the
first $1,000 recovered, or fraction thereof, or 10 per cent of the excess, if any,
of such recovery over $1,000. All questions not settled by agreement of the
parties with the approval of the board are to be determined by the board
except as otherwise provided for.]
S ec . 61. Reports of injuries.— [Employers under the act must keep records
of all injuries to their employees, and within one week after the occurrence
TEXT OF LAWS— KENTUCKY
235
nnd knowledge thereof, must report Injuries causing absence from work of
more than one day, a supplementary report to be made at the end of 60 days,
if the disability continues so long, and at the termination of any case of
disability. Prescribed data are to be incorporated in the report and such
other information as the board may require.]
S ec . 62. False claims, etc.— [Persons knowingly filing or permitting or caus
ing the filing of false or fraudulent claims for compensation or benefits, or
receiving compensation payments to which he is not lawfully entitled, or aid
ing another so to do, is guilty of a misdemeanor; so also are persons who
fraudulently prevent or conspire to prevent or procure any person entitled
to compensation to omit to make claim therefor or to accept payment of less
than the amount due.]
S ec s . 63, 64, 65 (as amended 1922, ch. 150), 66»72. Insurance.— [Employers
under the act must insure and keep insured their liability in some author
ized organization, or furnish satisfactory proof of financial ability to make
direct payments. In the latter case, security, indemnity, or bond may be
required. Evidence of compliance with these provisions must be filed annu
ally, or as often as necessary. Failure to comply with tkese provisions makes
the employer liable for an action for damages the same as if the employer
had refused to accept the provisions of the act, or to a claim for compensa
tion. The making of such a claim will be deemed a waiver of the right to
sue. Self-insurers are to be granted certificates for periods fixed by the
board, which may, however, be revoked on at least 60 days' notice, on hearing.
Renewal certificates may be subsequently granted but right to a hearing for
this purpose does not accrue sooner than six months after such revocation.
Self-insurance may relate to the employer’s entire risk or such part or class
as the board may direct. In the latter case protection for the remainder must
be as the board requires. Persons authorized as self-insurers may independ
ently insure the whole or any part of their liability.
. In compliance with the requirements as to insurance, employers are author
ized to form mutual insurance associations or reciprocal or inter insurance
exchanges subject to the general laws of the State on the subject, and such
regulations as the board may reasonably fix. The board is authorized to re
quire such mutual or reciprocal or interinsurance organizations to purchase
annuities or effect reinsurance or to make deposits in banks or trust [com
panies] to secure the payment of deferred installments of any claim for compen
sation ; but if such organizations have prescribed amounts of surplus and capi
tal they are exempt from these requirements. Substitute schemes for com
pensation benefits or insurance are authorized if approved by the board. They
must confer at least equivalent benefits to those provided by the act, and corre
sponding added benefits if the employees contribute. Such substitutes are sub
ject to termination for cause. Policies of insurance must provide for knowl
edge and jurisdiction of the employer to apply to the insurer and the sub
jection of the latter to awards and judgments rendered against the employer.
Provision must also be made for prompt payment of all benefits conferred by
the act to the person entitled thereto without regard to default in notice
required by the policy or otherwise. Forms must be approved, and every
policy for insurance of compensation will be deemed subject to the provisions
of the act. Policies must cover the entire liability of the employer except
as provided in respect of self insurers, and must indicate the risks or classes
covered. Changes in form are not effective until filed with the commissioner
of insurance at least 30 days prior to their issue or delivery. Premium rates
of all classes of carriers must be fair, reasonable, and adequate, with due
allowance for merit rating, and all risks of the same kind and degree of hazard
must be written at the same rate by the same carrier. Rates must be ap
proved by the board and reports must be made to the State insurance com
missioner in accordance with such reasonable rules as he may prescribe for
the purpose of determining the solvency of the carrier and the adequacy of
its rates J
S e c s . 73 (as amended 1922. ch. 50), 74 (as amended 1922. ch. 50; 1926, ch.
193), 75-76b. Election.— [Election to operate under the act is effected by the
employer by filing a prescribed notice with the name, nature of industry, and
other prescribed details including average number of employees during the
preceding 12 months and the method of securing compensation payments
selected by the employer. Employees likewise elect by signing a notice in a
register kept by the employer so that employees may at all times have oppor
1965°—26------16
236
WORKMEN' ’ .S COMPENSATION LAWS— UNITED STATES
tunity to sign the same in acceptance of the act. Such election is effective from
and including the date of signing which shall be entered opposite the em
ployee's signature. If employment is intermittent or is temporarily suspended,
an original acceptance continues effective in subsequent employment of the
same employer. Such notices of election by employees mast be preserved by
the employer during the continuance of the term of employment, the willful
destruction, conversion, or secretion of such notice with fraudulent intent being
a misdemeanor.
Election may be withdrawn at any time by filing written notice to that
effect and by giving personal written notice to the employees or posting notices
in conspicuous places to be effective within not less than one week. Employees
may file withdrawal notices with the employer stating the date such with
drawal is to become effective. Employers operating under the act must keep
notices thereof conspicuously posted in such form as the board may prescribe.
Employers within the terms of the act who do not elect to operate thereunder
are deprived of the eommon-!aw defenses in ease of any suit at law by an
employee or his representative to recover damages for personal injury or
death by accident arising out of and in the course of his employment. Em
ployees rejecting the act and suing an employer who accepts it may be defended
against the same as if this law* had not been enacted.]
Skc. 77. Payment of premiums.— [Agreement by which an employee pays any
part of insurance premiums is void, and deductions from wrages for this pur
pose constitute a misdemeanor.]
Sec. 78. Pro-sec at ion.— [On request of the board the attorney general of the
State or county is to institute and prosecute necessary actions or proceedings
for the enforcement of the act or to defend in actions against the board or its
members.]
S e c s . 70, 80. Forma; reports.— [The board is to prepare and furnish the
different forms of literature deemed proper and necessary to the official ad
ministration of the act. Annual reports are to be made to the governor cover
ing operations of the board administering the law with statistics as to accepted
premiums and such other facts and recommendations as the board may deem
proper, j
S e c s . 81. 82. Act in effect.— [The act was made effective August 1, 1916, and
an appropriation was made to initiate it.]
S e c . 83 (as amended 1920, ch. 37). Administrative- fund.— [An administra
tive fund is to be created and maintained for the purpose of paying the
salaries and necessary expenses of the board in administering the act. Every
insurance carrier insuring employers in the State under the provisions of this
act is required to pay a tax at the rate of 2 per rent of the amount of the
premiums collected, less credit for canceled or returned premiums actually re
funded during the year and premiums of reinsurance with licensed companies.
Necessary rates are provided for and enforcement thereof. Insurers
pay
a similar tax against their pay rolls, premiums being chargeable at the rate
used against the same or other similar industry or business in accordance with
the annual rates then in force. Provision is made for withdrawal from busi
ness, suspension of authority, and other contingencies. The board may not
incur expenses on indebtedness chargeable against the maintenance fund in
excess of the premium tax payable to such fund for the period. If there is a
surplus to the credit of the fund on June 30 of any year in excess of $60,000,
no assessment may be collected for that year and the tax on premiums which
would otherwise have been payable to the maintenance fund shall be paid to
the State treasury and credited to the general fund.]
Sec. 84. Employees* insurance association.—For the purpose of carrying out
the provisions of this act and of affording to employers a method of insuring
their liability as required thereby the Kentucky Employees’ Insurance Asso
ciation is hereby created a body corporate, with the powers provided herein
and with all the general corporate powers incident thereto.
Sec. 85. Directors.—The board of directors of the association shall consist
of 1.5 members, 3 of whom shall be appointed by the governor and 12 of whom
shall be elected by ballot of the subscribers, in accordance 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 by-laws shall provM*
237
TEXT OF LAWS— KENTUCKY
Sec. 86. First meeting.—The appointed directors shall, within 30 days of
the subscription 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.
Sec. 87. Powers of directors.—At the first meeting of the subscribers the
remaining 12 directors shall bo elected. The board of directors may thereafter
exercise power as such and may adopt by-laws not inconsistent with the pro
visions of tliis act.
Sec. 88. Officers.— T h e board o f directors shall annually choose by ballot a
president, who sh all be a m em ber o f the board, a secretary,
such other officers as the by-law s shall provide.
a
treasurer, and
Skc. 80. Quorum.—Seven or more of the directors shall constitute a quorum
for Ilie transaction of business.
Vacancies in any office may be filled in such manner as the by-laws shall
provide.
Sec. 90. Subscribers.—Any employer in the Commonwealth may become a
subscriber.
S ec. 91. Volea.—In any meeting of the subscribers each subscriber shall be
entitled to 1 vote, and if a subscriber has 250 employees to whom the associa
tion is bound to pny compensation he shall be entitled to 2 votes, and he shall
be entitled to 1 additional vote for each additional 250 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 10 votes.
S ec . 92. Issue of policies.—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.
S kc. 93. Matter to be filed.— N o 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
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 ‘>0 days of the granting
of a license to the association by the insurance commissioner to issue policies.
S kc. 94. Classification.—The board of directors shali distribute the sub
scribers 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, uv notes abso
lutely payable, such premiums as may be required to pay the compensation
herein provided for the injuries which may occur in that year.
S ec . 95. Contingent liability, - i lie association may in its by-laws and pol
icies 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 addi
tion to the cash premium.
Srcc. 96. Assessments.—If the association is not possessed of cash funds above
its unearned premiums sufficient for the payment of incurred losses and ex
penses, 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 b f the association, in accordance with law and his contract, on
account of injuries sustained and expenses incurred while he is a subscriber.
S ec . 97. Dividends.— T h e board of directors m ay from tim e to tim e by vote
fix and determ ine the am ount to be paid as a dividend upon policies e x
piring during each year a fte r retaining sufficient sum s to pay all the com
pensation which m a y be payable on account o f in ju ries 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 sub
scribers shall be available for the payment of any claim against the asso
ciation.
Sex?. 98. Premiums, etc., to be approved-.—Any proposed premium, assess
ment, dividend, or distribution of subscriliers shall be filed with the insurance
department, and shall not take effect until approved by insurance commis
sioner after such investigation as he may deem necessary.
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w o r k m e n ’ s c o m p e n sa tio n LAWS— UNITED s t a t e s
S ec . 90. Rules.—The board of directors shall make and enforce reasonable
rules and regulations for the prevention of injuries on the premises of sub
scribers, 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.
S ec. 100. Perjury.—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.
Approved March 23, 1916.
LOUISIANA
ACTS OF 1914
No. 20.—Compensation of workmen for injuries
S e c t i o n 1. Scope of law.—This act shall apply only to the following:
1. Every person in the service 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, 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 incor
porated public board or commission in this State authorized by law to hold
property and to sue and be sued; and for such employee and employer the
payment of compensation, according to and under the terms, conditions, and
provisions hereinafter set out in this act, shall be exclusive, compulsory, and
obligatory: Provided, That one employed by a contractor who has contracted
with the State, parish, township, incorporated village or city, or other political
subdivision, or incorporated public board or 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 or commission.
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 occupations:
(a)
The operation, construction, repair, removal, maintenance, and demoli
tion of railways and railroads, vessels, boats, and other water crafts, terminal
docks, street railways, factories, mills, including rice mills, cotton oil mills, saw
mills, shingle mills, planing mills, and sirup mills, power laundries, power
bakeries, foundries, forges, smelters, blast furnaces, machine shops, cokeburning plants, lime-burning plants, bleaching works, dyeing works, potteries,
phosphate and sulphur works, rendering works, slaughter houses, meat-packing
plants, ice plants, warehouses, marble or stone cutting or polishing plants,
shipbuilding and ship-repairing plants and yards, mines, mining plants, quar
ries, oil, gas, sulphur, salt, or other wells, heating plants, lighting plants,
power plants, waterworks, pumping works, coal yards, lumber yards, buildittg
material yards, derricks, bridges, junk yards, malt houses, breweries, freight
or passenger elevators, stockyards, harvesting machinery, threshing machines,
cotton gins, cotton compresses, sugarhouses, sugar and other refineries, sash
and door factories, woodworking establishments, printing and photo-engraving
establishments, book-binding and general press work, skidders. engineering
works; rigging or coaling of vessels, or loading or unloading tne cargoes of
vessels, logging and lumbering, storing ice, paving with asphalt or other molten
material, excavating or grading with power machinery, or with the use of an
explosive, working in compressed air, dredging, pile driving, boring, moving
safes, chimney sweeping; the construction, installation, operation, 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
building or structural appurtenances. Any occupation entailing the manu-
239
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w o r k m e n 's co m p en sa tio n la w s — UNITED s t a t e s
facture, transportation, care of, use of, or regular proximity to dangerous
quantities of gunpowder, dynamite, nitroglycerine, and other like dangerous
explosives. The installation, repair, eviction, removal, or operation of boilers,
furnaces, engines, and other forms of machinery.
“ Factory ” means any premises wherein mechanical power is used in manu
facturing, 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 ail underground work
ings, 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, win re
shell, stoue, slate, clay, sand, gravel, or other material is dug or otherwise
extracted from the earth or ground for the purpose of trade or barter or of
the employer’s trade or business; and includes also the appurtenant structures
at or about the openings of a quarry and any adjoining work place where the
material from a quarry is stored or prepared for use or shipment
“ Railways ” and “ railroads ” also includes work in or about depots, power
houses, roundhouses, cars, locomotives, and all other appurtenances, and in
private yards, terminals, switches, etc., and work on railroads for express
companies.
3. If there be or arise any hazardous trade, business, or occupation or work
other than these hereinabove enumerated, it shall come under the provisions
of this act. The question of whether or not a trade, business, or occupation
not named herein is hazardous may be determined by agreement between the
employer and employee or by submission at the instance of either employer or
employee to the judge of the court which shall have jurisdiction over the
employer in a civil case. The decision of the court shall not be retroactive
in its effect.
4. An employer and auy employee in a trade, business, or occupation not
specified in paragraph 2 of this section and any one engaged in a trade, busi
ness. or occupation that, may not be determined to be hazardous under the
operation of paragraph 3 of this section, may, prior to the accident, volun
tarily 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.
Sec. 2 (as amended 1018, No. 38). Compensation payable, when.—If an em
ployee employed as hereinabove set forth in paragraph 1 of section 1 (except
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 acci
dent arisiug out of and in the course of such employment his employer shall
pay compensation in the amounts and to the person or i>ersons hereinafter
specified.
Sues. 3-f> (all as amended 1018. No. 38). Election; defenses.— [Except for
the provisions abrogating the common-law defenses, the act does not apply to
employers and employees engaged in the trades, businesses, or occupations
above designated, unless prior to the injury they have elected to accept the
a ct; but such election is presumed, every contract of hiring in the occupations
named being presumed to be made subject to the provisions of the act in the
absence of a specific statement in writing rejecting the same. Such implied
or presumed agreement may be terminated by either party on written notice
not less than 30 days prior to any accident; and such rejection may be waived
on notice in writing, such notice to take effect immediately. Minors 18 years
of age and upward may act for themselves in such election, rejection or
waiver, but for those under that age, the father, mother, tutor, or the court
shall act. The statute does not apply to minors unlawfully employed. If an
employee accepts the act and his employer rejects it, in any action by the
employee or his dependent to recover damages for personal injury, the em
ployer may not plead the common-law defenses, and it shall be presumed that
the injury was the direct result and arose out of the negligence of the em
ployer, and that such negligence was the proximate cause of the injury; but
TEXT OF LAWS— LOUISIANA
241
if the employer has accepted the act and the employee rejects, the commonlaw defenses remain.]
Sec. 6 (as amended 1918, No. 38; 1926, No. 85). Contractor.—1. Where any
person (in this section referred to as principal) undertakes to execute any
work, which is a part of his trade, business, or occupation or which he had
contracted to perform, and 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 employed in the execution of the work or his
dependent any compensation under this act which he would have been liable
to pay if that employee had been immediately employed by him; and where
compensation is claimed from or proceedings are taken against the principal,
then, in the application of this act, reference to the principal shall be sub
stituted 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 immediately employed.
2. Where the principal is liable to pay compensation under this section, he
shall be entitled to indemnity from nny person who independently of this
section would have been liable to pay compensation to the employee or his
dependent 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 subcontractor or
his dependent, shall have the right to call in that subcontractor or any inter
mediate contractor or contractors as a codefendant, and the principal contractor
shall be entitled to indemnity from his subcontractor for compensation payments
paid by the principal contractor on account of an accidental injury to the
employee of the subcontractor.
Smu. 7 (as amended 1918, No. 38; 1920, No. 24). Liability of third parties.—
[Where a third party is liable for the injury sustained by the employee, the
injured person or his dependents may claim compensation under the act and
payment or award thereunder shall not affect his right of action against
such third person, nor be regarded as establishing the measure of damages
for the injury. The employer having paid or become obligated to pay com
pensation may himself bring action against the third party to recover such
amount; but if either employer or employee brings suit the other must be
notified and may intervene as party plaintiff in such suit. In case of recovery
the damages are to be apportioned so that the claim of the employer for com
pensation actually paid shall take precedence over the claim for damages by
the employee or his dependent, but if there Is an excess of recovery over
compensation paid and costs, that sum shall go to the employee or his dependent
and the liability of the employer for unpaid compensation, computed at 6
per cent per annum, shall be satisfied to the extent of such payment. Neither
party may compromise with such third party without the assent of the
other.]
Sec. 8 (as amended 1918, No. 38; 1920, No. 247; 1922, No. 43; 1924, No. 216;
1920, No. 85). Schedule.—1. Compensation shall be paid under this act to an
injured employee in accordance with the following schedule of payments:
(rt) For injury producing temporary total disability to do work of any
reasonable character, 65 per cent of wages during the period of disability, not,
however, beyond 300 weeks.
(6)
For injury producing permanent total disability to do work of any rea
sonable character, 65 per cent of wages during the period of disability, not,
however, beyond 400 weeks.
(c) For injury producing partial disability to do work of any reasonable
character, 65 per cent of the difference between wages at the time of injury
and wages which the injured employee is able to earn thereafter during the
period of disability, not, however, beyond 300 weeks.
(d) In the following cases the compensation shall be as follows:
(1) For the loss of a thumb, 65 per cent of wages during 50 weeks.
(2) For the loss of a first finger, commonly called the index finger, 65 per cent
of wages during 30 weeks.
(3) For the loss of any other finger, or a great toe, 65 per cent of wages dur
ing 20 weeks.
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w o r k m e n 's COMPENSATION LAWS— UNITED STATES
(4) For the loss of any toe, other than a great toe, 65 per cent of wages
during 10 weeks.
(5) For the loss of a hand, 65 per cent of wages during 150 weeks.
(6) For the loss of an arm, 65 per cent of wages during 200 weeks.
(7) For the loss of a foot, 65 per cent of wages during 125 weeks.
(8) For the loss of a leg, 65 per cent of wages during 175 weeks.
(9) For the loss of an eye, 65 per cent of wages during 100 weeks.
(10) For the loss of both hands, or both feet, or both eyes, or one hand and
one foot, 65 per cent of wages during 400 weeks.
(11) The loss of the first phalanx of the thumb or big toe, or two phalanges
of any finger or toe, shall be considered to be equal to the loss of one-half of
such member and the compensation shall be one-half of the amount above
specified.
(12) 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 the foot.
(13) Amputation between the elbow and the wrist shall be considered as
equivalent to the loss of a hand, and amputation between the knee and the
ankle shall be equivalent to the loss of a foot.
(14) The permanent total loss of the use of a member shall be equivalent to
the amputation of the member.
(15) In all cases involving a permanent partial loss of the use of function
of the member mentioned herein above, compensation shall bear such proportion
of the amounts named herein for the total loss of such member as the disability
to such member bears to the total loss of the member: Provided, That in no
case shall compensation for an injury to a member exceed the compensation
payable under this act for the loss of such member.
(16) In cases not falling within any of the provisions already made where
the employee is seriously permanently disfigured about the face or head or
where the usefulness of a physical function is seriously permanently impaired,
the court may allow such compensation as is reasonable in proportion and as
is in proportion to the compensation hereinabove specifically provided in the
case of specific disability above named, not to exceed 65 per cent of wages
during 100 weeks.
(17) [Hernia is defined as a disease, ordinarily of gradual development, and
not compensable. Only traumatic hernia resulting from the application of
force directly to the abdominal wall, either ,puncturing or tearing the wall, will
be considered as compensable, unless conclusive proof is offered of descent of
the hernia immediately following sudden effort or severe strain with severe
pain and such prostration that the employee was compelled to cease work im
mediately. These facts must be communicated to the employer within 48 hours,
and the distress must be such that the attendance of a licensed physician
within 48 hours was required. Compensation will be paid only until the
employee is able to resume work with the aid of a truss or other mechanical
appliance furnished by the employer. If the employee refuses an operation,
compensation is limited to 26 weeks unless death results. If an operation by
a physician selected by the employer is accepted the employer must pay the
expenses, not in excess of $250, together with compensation for a period prior
to and following the operation, not exceeding 26 weeks if the operation is
successful. If the employee selects the physician the employer is released
from obligations as to medical expense, but must pay compensation as above.
If death results from a hernia or operation, death benefits as provided must
be paid.]
(18) Where compensation has been paid under subdivisions (a ), (b), or (c)
of this schedule, the amount of such payment shall be deducted from any com
pensation allowed under subdivision (tf) or subsection 2 of the section.
2.
For injury causing death within one year after the accident there shall
be paid to the legal dependents of the employee, actually and wholly dependent
upon his earnings for support at the time of the accident and death, a weekly
sum as hereinafter provided. If the employee leaves legal dependents only
partially actually dependent upon his earnings for support at the time of the
TEXT OF LAWS— LOUISIANA
243
accident and death, 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 in the year prior to his death bears to the earnings of the de
ceased at the time of the accident.
(« ) The following persons shall be conclusively presumed to be wholly and
actually dependent upon the deceased employee:
(&) A wife upon a husband with whom she was living at the time of her
accident or death.
(c) A husband, mentally or physically incapacitated from wage earning upon
a wife with whom he was living at the time of her accident or death.
(d) A child or children under the age of 18 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 injury of such parent. In case
there are both surviving wife and child or children, or surviving husband and
child or children entitled to compensation, the compensation due under this
act shall be paid entirely to the surviving husband or surviving wife for the
common benefit of such wife or husband and the child or children. In all other
cases the question of legal and actual dependency in whole or in part shall
be determined in accordance with the facts as they may be at the time of the
accident and death; and in such other cases, if there are a sufficient number
of persons wholly dependent to take up the maximum compensation under
this act, the death benefit shall be divided equally 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, so much of
the death benefit as each is entitled to under this act shall be divided among
them according to the relative extent of their dependency. No person shall
be considered a dependent unless he is a member of the family of the deceased
employee or bearing to him the relation of husband or widow, or lineal de
scendant or ascendant, or brother or sister, or child.
(e ) Payment to such dependents shall be computed and divided among them
on the following basis:
(1) If the widow or widower alone, 32% per cent of wages.
(2) If widow or widower and one child, 46% per cent of wages.
(3) If widow or widower and two or more children, 65 per cent of wages.
(4) If one child alone, 32% per cent of wages of deceased.
(5) If two children, 46% per cent of wages.
(6) If three or more children, 65 per cent of wages.
(7) If there be neither widow, widower, nor child, then to the father or
mother, 32% per cent of wages of the deceased. If there be both father and
mother, 65 per cent of wages.
(8) If there be neither widow, widower, nor child, nor dependent parent enti
tled to compensation, then to one brother or sister, 32% per cent of wages of
deceased, with 11 per cent additional for each brother or sister in excess of one.
If other dependents than those enumerated, 32% per cent of wages for one
and 11 per cent additional for each such dependent in excess of one, subject
to a maximum of 65 per cent of wages for all, regardless of the number of
dependents.
if) The marriage or death of a dependent shall terminate payments to
such dependent, but shall not affect payments allowed other dependents.
Should the widower become capable of self-support, compensation shall cease
as to him. Compensation payments to dependents shall also terminate when
the condition of dependency ceases, except in the case of a widow or child.
Where any minor dependent who is not mentally or physically incapable
of wage earning shall become 38 years of age, payment of the proportion of
compensation due such minor shall cease.
(ff) Where there is a surviving widow, widower, and child or children en
titled 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 child or children, and the appointment of a tutor shall not be necessary.
Where there is no surviving parent and a child who is entitled to compensa
tion, payment shall be made to the duly appointed tutor.
(ft) The term “ child” or “ children” shall cover only legitimate children,
stepchildren, posthumous children, adopted children, and illegitimate children
244
w o b k m e n ’s c o m p e n sa tio n l a w s — UNITED s t a t e s
acknowledged under the provisions of Civil Code articles 203, 204, and 205.
the term “ brother ” ami “ sister ’* shall include stepbrothers and stepsisters and
brothers and sisters by adoption.
(i)
In all cases provided l'or under this section the relation or dependency
must exist at the time of the accident and at the time of death, and the mere
expectation or lu>pe of future contributions to the support of an alleged depend
ent by an employee shall not constitute proof of dependency as a fact.
( j) Where payments of compensation have been made to the employee before
his death, the compensation for dependents as provided for in this .section shall
begin on the date of the last of such payments and shall not continue for more
than 300 weeks from the date of the accident.
(fr) No compensation shall be payable under this section to a widow unless
she be living with her deceased husband at the time of the injury and death,
or be then actually dependent upon him for support. No compensation shall
be payable under this section to a widower unless he be living with his
deceased wife at the time of the injury and death or be at such time incapable
of self-support and actually dependent upon her for support.
3. The term “ wages” as used in this act is defined to mean the daily 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 $20 per week and the minimum compensation
shall be $3 per week: Providedt That if at the time of the injury the employee
was receiving wages at the rate of $3 or less per week, then compensation shall
be full wages.
4. No compensation shall be paid for the first week after the injury is
received: Provided, hoic-evet', That in cases where disability from injury con
tinues for six weeks or longer, after date of the accident, that after six weeks
have elapsed, compensation for the first week shall be paid.
5. The employer shall in every case coming under this act, furnish reasonable
medical, surgical, and hospital services and medicines not to exceed $250 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 bo
paid reasonable expenses of the burial of the employee, not to exceed $100 and
the reasonable contingent expenses in connection therewith not to exceed $50.
6. Any voluntary payments made by the employer or his insurer either in
money or otherwise, to the Injured employee, or his dependents, and which are
accepted by the employee, which, by the terms of this act, were not due and
payable when made, may, subject to the approval of the court, be deducted
from the payment to be paid as compensation: Providedt That in case of dis
ability, such deductions shall be made by shortening the period during which
compensation shall be paid, and not by reducing the amount of the periodical
payments.
7. Payments of compensation under this act, shall be paid as near as may be,
at the times and places, as wages were payable to the injured employee before
the accident, but such payments may be made at last known address of em
ployee, when employee is not living at place where wages were paid, a longer
interval, not to exceed one month, may be substituted by agreement without the
approval of the court, but a longer interval than one month shall be approved
by the court.
8. For injury producing temporary total or temporary partial disability the
court, may in its discretion, award compensation for a fixed number of weeks
to be based upon the probable duration of such disability.
9. The accounts [amounts] payable as compensation may be commuted to a
lump sum settlement by agreement of the parties afrer having been approved
by the court as reasonably complying with the provisions of this a ct: Provided,
That in making such lump settlement, the payment due the employee or his
dependents, under this act, shall not be discounted at a rate greater than 8
per cent per annum, [ ;] if such lump sum settlement be made without the
approval of the court, the employer shall be liable for compensation at one and
one-half times the rate fixed in this act, and the employee or his dependents
shall, at all times within two years after date of the payment of the iump sum
settlement and notwithstanding any other provisions of this act, be entitled to
TEXT OF LAWS— -LOUISIANA
24t>
demand and receive in a lump sum from the employer smeli additional payment?
as together with the amount already paid will aggregate one and one-half times
the compensation which would have been due under this act, but for such lump
sum settlement. Rut upon the payment of a lump sum .settlement commuted
on a term agreed upon by the parties, discounted at not more than 8 per cent
per annum and with the approval of the court, the liability under this act of
the employer making such payment shall be fully satisfied: Provided, That for
injuries scheduled in paragraphs 1 (d) and 2 of this section, no shorter term
than therein set forth shall have been agreed upon.
Secs. 9, 10 (both as amended 3918, No. 38). Medical examinations.— rAn
injured employee must submit himself for medical examination at the cost of
the employer as demanded and reasonably necessary during the pendency of
his claim or receipt of payment. The employee is to receive a copy of the re
port of the physician as to such examination within six days: but if the em
ployer does not have the examination made and the report furnished, the em
ployee shall furnish a report of the examination made by his physician, for
which he shall be entitled to receive from the employer the sum of $1. In the
absence of dispute, such reports are to be prima facie evidence of the facts
stated. If subsequent disputes arise, the court may, on application of either
party, order an examination to be made by a physician appointed by it. The
fee will be fixed by the court at not to exceed $10 and paid by the party ap
plying for the examination. Refusing or obstructing the examination suspends
employee's right to compensation until the examination takes place, and no
compensation shall be paid in respect of the period of suspension.]
Sec. 11 (as amended 1916, No. 243 ; 3920, No. 24T). Notice.— [Notice of in
jury must be given within six months after the date of injury or death, either
by the claimant or by anyone in his behalf. The facts do not invalidate unless
in fact misleading to the employer; nor shall want of notice or delay bo a bar
to proceedings under the act if the employer or his agent is shown to have had
knowledge of the accident or the employer is not prejudiced by the delay or
want of notice.]
Secs. 12-14 (all as amended 391S, No. 38), 15. Statement to he posted; form
of notice.— [An employer under the act must post and maintain in some con
venient and conspicuous place a printed notice informing employees of the
necessity of giving the notice above required within the period of six months.
Otherwise the limitation is extended to 32 months from the date of the injury.
Notice to the employer must be in writing and state the facts as to the injury
in ordinary language, and may include the claim. Delivery may be personal to
an employer or one of a partnership, or to an agent of a corporation, or it may
be sent by mail by registered letter.]
Skc. 16 (as amended 1918, No. 4S). Incompetents; payments valid.— [I.imi
tations do not run against incompetent persons or minors until the appoint
ment of a curator or tutor, who shall act in his behalf. Payments made by an
employee to a dependent subsequent in right to another are valid unless and
until such superior claimant gives notice of the fact to the employer. Dis
puted rights may be referred to the court.]
Skcs. 17 (as amended 1918, No. 38), 18 (as amended 1920, Nos. 234, 247; 3926,
No. 85), 19 (as amended 3924, No. 21), 20 (as amended 1918, No. 38; 1920, No.
85). Procedure.— [The interested parties may settle claims between themselves,
agreements to be in writing, substantially in accord with the provisions of the
act, and approved by the court. Such agreement, verified by both parties, pre
sented to the court on joint petition and approved is entered as a judgment of
the court with the same force and effect as other judgments. In case of dis
pute, a verified complaint may be presented to the judge of the court setting
forth the facts and stating the matters in dispute, whereupon the judge shall
fix a time and place for hearing not less than three weeks after the date of
the service of the complaint. Verified answers and amendments are provided
for, but if none is submitted, then the judge may enter a judgment in favor of
the petitioner in accordance with the statement made. If an answer is filed, witnesses may be presented and hearings conducted, the parties being entitled to
appear personally or through attorneys. Proceedings will be summary, the
judge not being bound by technical or formal rules or proceedings. Costs may
be awarded in the discretion of the judge, and judgment rendered by him
shall have the same force and effect as other judgments of the same court.
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w o r k m e n 's COMPENSATION LAWS— UNITED STATES
Provision is made for appeal to the appellate court, in which preference in
hearing shall be given. Judgments for compensation may be modified at any
time by subsequent agreements between the parties with the approval of the
judge that rendered the judgment under consideration, or may be reviewed
after six months on grounds of change of coudition, or of error or fraud. The
provisions as to medical examination contained in section 9 apply in such cases.]
Sec. 21 (as amended 1916, No. 243; 1920, No. 247; 1926, No. 85). Preference;
fees.— [Claims and payments under the act have the same preference and prior
ity as allowed unpaid wages, are not assignable, and are exempt from attach
ment, garnishment, etc., except under a judgment for “ alimony in favor of a
wife, or ascendant or descendant.” Legal and medical fees must be reasonable
and approved by the court. Attorneys’ fees may not exceed 20 per cent of the
award, nor $1,000 in any case. Soliciting compensation business for one’s self
or another is a misdemeanor.]
Secs. 22 (as amended 1920, No. 247), 23 (as amended 1926, No. 85), 24-26.
Insurance.— [Employers under the act must file with the clerk of the district
court of the locality evidence of provisions of insurance or give bond for the
payment of liabilities arising under the act, unless executed by the court on
proof of financial solvency. Failure so to do entails liability at twice the rate
fixed by the act, to be paid in a lump sum. In case compensation has accrued,
and the court finds reasonable room for uncertainty as to the financial respon
sibility of an employer to pay the same, and the employer is not insured or
has not furnished bond, the court may order such bond to be furnished forth
with, conditioned for the faithful payment of all liability under the act.
Insurance policies must contain an agreement to pay promptly and directly
all installments of compensation that may be awarded or agreed upon with
out regard to default of the insured after the injury or default in giving notice
required by the policy or otherwise. Policies must cover the entire liability
of the employer under the act and must provide that, as between the employee
and the insurer, the employer’s knowledge and jurisdiction is that of the
insurer for purposes of this act, and that the latter is bound by awards and
judgments against the employer. The liability of the insurance company to
the employee or his dependents is not affected by the insolvency of the em
ployer, but they may enforce the claims to the same extent that the employer
could have enforced them had he made the payments to his employees under
the act. The policies insuring compensation shall be deemed to be made subject
to the provisions of this act, and their form must be approved by the secretary
of state.]
Sec. 27 (as amended 1918, No. 38). AMitUnial "benefits.— [Employers and em
ployees may agree between themselves in writing for additional benefits, which
may be secured by insurance, the premiums to be paid by the employer.]
Sec. 28. Injuries not compensated.—1. No compensation shall be allowed for
an injury caused (1) by the injured employee’s willful intention to injure him
self 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 re
lieved 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.
Seo. 29. Bonds of tutors, etc.— [Tutors and curators must furnish bonds for
the faithful performance of their duties in respect of awards under this act,
and furnish annual reports or accounting of the funds administered by them.]
Sec. 30. Interstate commerce.—1. This act shall not be construed to apply
to any employer acting as a common carrier while engaged in interstate or
foreign commerce by railroad, which employer, by reason of being engaged
in interstate or foreign commerce by railroad, is not 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
TEXT OP LAWS— LOUISIANA
247
done by, nor shall any compensation be payable under this act to, the master,
officers, or any member of the crew of any vessel used in interstate or foreign
commerce which said vessel is not registered or enrolled in the State of
Louisiana.
2. Whenever an employee of a common carrier engaged in 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.
Sec. 31 (as amended 1926, No. 85). Limitation.— [Claims for payment are for
ever barred unless within one year after the accident or death an agreement is
made or claim prosecuted; but if any payments have been made the limitation
runs from the date of the last.]
Sec. 32. Tiro or more employers.—1. In case any employee for whose injury
or death payments are due under this act shall at the time of the injury be
employed and paid jointly by two or more employers subject to the provisions
of this act, such employers shall contribute to such payments in proportion
to their several wage liabilities to such employee: Provided, however, That
nothing in this section shall prevent any arrangement between such employers
for different distribution as between themselves of the ultimate burden of
such payments. If one or more, but not all such employers should be subject
to this act, then the liability of such of them as are so subject shall be to
pay that proportion of the entire payments which their proportionate wage
liability bears to the entire wages of the employee: Provided, however, That
such payment by such employer subject to this act shall not bar the right of
recovery against any other joint employer.
Sec. 33 (as amended 1918, No. 38). Failure to pay installments.—1. In the
event the employer against whom there has been rendered a judgment of
court 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 judgment shall im
mediately 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 receives payments thereunder this right
shall not accrue.
Sec. 34 (as amended 1918, No. 38). Remedies exclusive.—1. The rights and
remedies herein granted to an employee or his dependent on account of a
personal injury for which he is entitled to compensation under this act shall
!>e exclusive of all other rights and remedies of such employee, his personal
representatives, dependents, relations, or otherwise, on account of such injury.
Sec. 35. Other statutes.—1. Nothing in this act shall affect the liability of
the employer to a fine or penalty under any other statute.
Sko. 36. Waivers.—1. No contract, rule, regulation, or device whatsoever
shall operate to relieve the employer, in whole or in part, from any liability
created by this act except as herein provided.
Sec. 37 (as amended 1926, No. 85). Deception.—1. If for the purpose of ob
taining or defeating any benefit or payment under the provisions of this act,
either for himself or any other person, any person willfully makes a false
statement or representation, he shall be guilty of a misdemeanor, and upon
conviction thereof shall be fined not exceeding $500 or imprisoned not exceed
ing 12 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.
2.
Whenever a person, firm, or corporation has been declared in this act to
be guilty of a misdemeanor, such person, firm, or corporation upon conviction
of the acts declared to be a misdemeanor shall be fined not exceeding $500 or
imprisoned not exceeding 12 months, or both, in the discretion of the court.
Sec. 38 (as amended 1918, No. 38). Definitions.—1. The word “ accident” as
used in this act shall, unless a different meaning is clearly indicated by the con
text, be construed to mean an unexpected or unforeseen event happening sud
denly or violently, with or without human fault, and producing at the time
objective symptoms of an injury. The terms “ injury ” and “ personal injuries ”
shall include only injuries by violence to the physical structure of the body
and such diseases or infections as naturally result therefrom. The said terms
shall in no case be construed to include any other form of disease or derange
ment, howsoever caused or contracted.
248
w o r k m e n 's c o m p e n sa tio n LAWS— UNITED STATES
Sec. 39 (as amended 1918, No. 3S). Same.—The word “ dependent ” as used
in this act shall, unless a different meaning is clearly indicated by the context,
be construed to mean the person or persons to whom, under the provisions of
section 8, compensation shall be paid upon the death of the injured employee.
The word “ court” as used in sectiou 37 of this act means the criminal court
having jurisdiction of the person making the false statement or representation;
but wherever else used in this act the word “ court ” shall be construed to mean
the court which shall have jurisdiction over the employer in a civil case involv
ing more than $100, unless 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.
S ec. 40. Use of words.—1. Whenever in this act tbe singular is used the
plural shall be included; where the masculine gender is used the feminine shall
be included.
S ec. 41. Provisions severable.—1. If any provision of this act shall be declared
unconstitutional or invalid, such unconstltutionality or invalidity shall in no
way affect the validity of any other portion thereof which can be given reason
able effect without the provision so declared unconstitutional or invalid.
ACTS OF 1918
Act No. 39.—Insurance—Deductions from wages
[This act makes it a misdemeanor for an employer to collect from the em
ployees, directly or indirectly, or accept in any way, any amount as whole or
part payment of any premium of compensation insurance under the act.]
MAINE
ACTS OP 1919
Chapter 288.—Compensation of workmen for injuries
tiKOTicN l (as amended 1921, ch. 222). Title; definitions.—The first 50 sec
tions of this chapter [ch. 50 of the Revised Statutes of 1916] shail be known,
and may be cited, and referred to in proceedings and agreements thereunder,
as “ The workmen's compensation act ” ; the phrase “ this act,” as used in said
sections, refers thereto.
The following words and phrases as used in the first 50 sections of this
chapter shall, unless a different meaning is plainly required by the context,
have the following meaning:
I. “ Employer ” shall Include corporations, partnerships, natural persons, the
State, counties, water districts, and all other quasi-municipal corporations of a
similar nature, cities, and also such towns as vote to accept the provisions of
this act; and if employer is insured, it includes the insurer unless the contrary
intent is apparent from the context or it is inconsistent with the purposes of
this act
II. “ Employee” shall include every person in the service of another under
any contract of hire, express or implied, oral or written, except: (a) farm
laborers; (&) domestic servants; (c) masters of and seamen on vessels en
gaged 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 occu
pation 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 deemed employees within the meaning of this act.
If, however, any policeman or fireman claims compensation under this act, there
shall de deducted from such compensation any sum which such policeman, fire
man, or other person may be entitled to receive from any pension or other
benefit fund to which the State or municipal body may contribute; (f) except
that any town or city may, in lieu of tho compensation and insurance provided
b.v this act, continue any member of the fire department or policc 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, depend
ents, and other persons to whom compensation may be payable, iff) All per
sons employed by the State or under the direction and control of any depart
ment oi' rhe State shall be entitled to the benefits of chapter 50 of the Revised
Statutes. The governor and council shall order such compensation as shall be
assessed paid from the State contingent fund.
III. “ Assenting employer” shall include all employers who have complied
with the provisions of section 6 hereof, and to whom a certificate authorized by
said section has been issued, but only so long as such certificate remains in
force.
IV. “ Commissioner” shall mean the commissioner of labor and industry of
tli<* State of Maine. “ Commission ” shall mean the industrial accident commis
sion created by section 29 hereof.
V. “ Industrial accident insurance policy” shall mean a policy in such form
as the insurance commissioner of the State of Maine approves, issued by any
stock or mutual casualty insurance company that may be now or hereafter
authorized to do business in this State, which in substance and effect guar
antees the payment of the compensation, medical and hospital services, and
expense of sickness and burial herein provided for, in such installments, at
such time or times, and to such person or persons and upon such conditions
as in this act provided. Whenever a policy or certificate of renewal
249
250
w o r k m e n ’ s co m p en sa tio n la w s — UNITED s t a t e s
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 admissible as
evidence in any legal proceeding wherein the original would be admissible.
VI. “ Insurance company” shall mean any casualty insurance company
authorized to do business in the State of Maine, which may issue policies
conforming to the provisions of the paragraph next preceding. Whenever
in this act relating to procedure the words “ insurance company ” are used
it shall be held to apply only to cases in which the employer has elected
to file such policy, instead of furnishing satisfactory proof of his ability to
pay compensation and benefits hereinafter provided direct to his employees.
VII. “ liepresentatives ” 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.
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 con
clusively 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 18 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 other 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 accident. If there is more than one person wholly dependent, the com
pensation 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 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.
IX. “Average weekly wages, earnings, or salary,” of any injured employee
shall be computed as follows:
(а) 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 immediately preceding his
injury, his “ average weekly wages ” shall be three hundred times the average
daily wages, earnings, or salary which he has earned in such employment
during the days when so employed and working the number of hours con
stituting a full working-day in such employment, divided by 52. But where
the employee 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.
(б) If the injured employee has not so worked in such employment during
substantially the whole of such immediately preceding year, 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 employ
ment in the same or a neighboring place has earned in such employment
during the days when so employed and working the number of hours consti
tuting a full working-day in such employment, divided by 52.
(c)
In cases where the foregoing methods of arriving at the “ average
weekly wages, earnings, or salary ” of the injured employee can not reasonably
TEXT OF LAWS— MAINE
251
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 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 em
ployees 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.
(f) The “ average weekly wages, earnings, or salary” of employees who work
seven days per week shall be computed by increasing the average daily wage
the employee was receiving at the time of the accident by one-sixth and then
multiplying by 800 and dividing by 52.
Sec. 2. Abrogation of defenses.—In an action to recover damages for per
sonal injuries 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
(a) that the employee was negligent; (6) that the injury was caused by the
negligence of a fellow employee; (c) that the employee had assumed the risk
of the injury.
Sec. 3. Employers of five or less workmen.—The provisions of section 2
shall not apply to employers who employ five or less workmen or operatives '
regularly in the same business, and in case of the employer being engaged in
more than one kind of business, in one of which he employs five or more
workmen or operatives regularly, and in another employs five or less workmen
or operatives, the 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 business
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.
Sec. 4. Exemptions.—The provisions of section 2 shall not apply to actions to
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.
Sec. 5. Remedy exclusive.—The provisions of section 2 shall not apply to
actions to recover damages for personal injuries or for death resulting front
personal injuries sustained by employees of an employer who has elected to
become subject to this act in the manner provided in section 6 hereof. In the
case of personal injury sustained by an employee in the course of his employ
ment or of death resulting from personal injury so sustained, assenting em
ployers shall be exempt from suits either at common law or under section 9
of chapter 92, or under sections 51 to 58, both inclusive, of this chapter.
Sec. 6. Election; insurance.— [Employers wishing to come under the act
may file with the commission a written assent in such form as it approves,
filing also a copy of an insurance policy with a company authorized to do
business in the State of Maine, such policy being approved by the insurance
commissioner.
The commissioner may require the filing of specific rates and classifications,
and make such investigations as may be deemed necessary to satisfy himself
that such rates are correct and proper before approval. Proposed changes
must also be filed, and are not effective until approved. Approval may be
1965°— 26-------17
252
WOBKMEN’s COMPKNSATION LAWS— UNITED STATES
withdrawn and a revised classification approved at any time, but the assent
once filed continues in force without renewal during the life of the osiginal
policy, so that there shall be 110 interim between policies. Employers fur
nishing satisfactory proof of solvency, and depositing cash, securities, or
bond, may also assent. On compliance with either requirement, the commission
issues a certificate to that effect, to remain in force during the term of the
policy or policies of insurance, or until approval of self-insurance i^ withdi'aivn.
In lieu of the foregoing an employer may continue an existing substitute
scheme of benefits if approved and conferring at least equivalent her,-'fits on
injured employees; and if it requires contributions from them, commensurate
additional benefits must be provided. Such substitute system may bo ter
minated on reasonable notice and hearing for a cause shown. A notice in
an approved form, stating that the employer has conformed with the provi
sions of the act, giving the date of the expiration of his insurance policy,
and other matters as the commission may determine, must be posted in a
conspicuous place accessible to the employees. !
Sec. 7 (as amended 1021, ch. 222). Presumptions as to employees.— [Em
ployees of employers who have accepted the act are presumed to have waived
their right to sue for damages unless notice to the contrary is given at the
time of hiring, and within 10 days thereafter a copy of such written notice
be filed with tlie commission. Such presumed waiver continues in force from
year to year unless at least 00 days’ prior notice in writing is given the
commission and within 10 days also to the employer of a wish to claim a
right of action at common law. A minor legally employed may make such
elections, but if a minor has a parent or guardian living he may give the
notice provided by this section, which will bind the minor in the same manner
that adult employees are bound; but if no such notice is given the minor
will be held to have accepted the compensation provisions. Rejection of
the act may be set aside by notice in writing effective live days after delivery
to the employer.]
Skc. 8. Willful misconduct, etc.—No compensation shall be allowed for the
injury or death of an employee where it is proved that his injury or death
was occasioned by his willful intention to bring about the injury or death
of himself or of another, or that the same resulted from his intoxication while
on duty. This provision as to intoxication shall not apply if the employer
knew, or in the exercise of ordinary care might have known, that the employee
was intoxicated or that he was in the habit of becoming intoxicated while
on duty.
Sec. 9 (as amended 1921, ch. 222). Waiting time.—No compensation except
medical, surgical, and hospital services, nursing, and medicines and mechanical
surgical aids as provided in section 10 of this act shall be paid thereunder
during the first seven days after the accident. If incapacity exists at the
expiration of seven days, compensation shall begin on the eighth day. If
incapacity arises after seven days, compensation shall begin on the date
such incapacity begins.
S ec. 10. Medical, etc., aid.— [Reasonable medical, etc., aid, including mechan
ical surgical attention, when needed, must be furnished for the first 30 days
after an accident, not to exceed $100 in value, unless a longer period or a
greater sum is allowed by the commission in its discretion, when the nature
of the injury or the process of recovery requires it. If incapacity begins at
a time subsequent to the action, the 30 days’ period commences at the
time the incapacity begins. If the employer and employee are unable to agree
as to the amount to be allowed for such services, the commission may fix
the same, on petition of either party setting forth the facts. In case of
emergency or for other justifiable cause, the employee may select another
physician than the one provided by the employer, who shall pay the reasonable
cost of the services rendered, subject to the approval of the commissioner.]
Sec. 11. Who may claim compensation.— [Employees who have not waived
the provisions of the statute may claim compensation from employers who
have elected to become subject thereto in case of personal injury arising out
of and in the course of the employment.]
Sec. 12 (as amended 1921, ch. 222: 1025, ch. 201). Compensation for death.—
I f death results from the injury, the employer shall pay the dependents of the
employee, wholly dependent ui>on his earnings for support at the time of his
injury, a weekly payment equal to two-thirds his average weekly wages, earn-
TEXT OF LAWS----MAINE
253
Inga, or salary, blit not more than $?8 nor less than $6 a week, for a period
of 300 weeks from the dale of the injury, and in no ease to exceed $4,000:
Provided, hone vet,, That if the dependent of the employee to whom the com
pensation shall he payable upon his death is the widow of such employee, upon
her death or remarriage the compensation thereafter payable under this act
shall he paid to the child or children of the deceased employee, including
adopted and stepchildren, under the age of IS years, or over said age, but
physically or mentally incapacitated from earning, who are dependent upon the
widow at the time of her death or remarriage. In ease 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 300 weeks from tise dale of the injury, a weekly compensation
equal to the sa.ine proportion of the weekly payments herein provided for the
benefit of persons wholly dependent as the amount contributed annually by
the employee to such partial dependents bears to the annual earnings of the
deceased at the time of injury. When weekly payments have been made to an
injured employee before his death the compensation to dependents shall be;;in
from the date of the last of such payments, but shall not continue more than
300 weeks from the date of the injury: Provided, however, That if the de
ceased 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:
S ec. 13. Xo dependent*.—If the employee dies as a result of the injury, leav
ing no dependents at the time of the injury, the employer shall pay. in addi
tion to any compensation provided for in this act, the reasonable expense of his
last sickness and burial, which shall not exceed $200: Provided, ho tee ver, 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 pro
vided 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 (as amended 1921, ch. 222; 1925, ch. 201). Total disability.— While
the incapacity for work resulting from the injury is total, the employer shall
pay the injured employee a weekly compensation equal to two-thirds his aver
age weekly wages, earnings, or salary, but not more than $18 nor less than $6
a week: and in no case shall the period covered by such compensation be
greater than 500 weeks from the date of incapacity, nor the amount more
than $0.000; and if the employee shall die before having received compensation
to which he is entitled <>r which he is receiving as provided in this act, the
same sliail 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 w it: The total and irrevocable
loss of sight in both eyes, the loss of both feet at or above the ankle, the loss
of both hands at or above the. wrist, the loss of one hand and one foot, an injury
to the spine resulting in permanent and complete paralysis of the legs or arms,
and an injury to the skull resulting in incurable imbecility or insanity.
S ec. 15 (as amended 1921, ch. 222; 1925, ch. 201). Partial disability.—While
the incapacity for work resulting from the injury is partial, the employer shall
pay the injured employee a weekly compensation equal to two-thirds the dif
ference 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 $18 a week: and in no case shall the period covered by such com
pensation be greater than 300 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 pre
ceding year, whether for the same employer or not, by the full number of days
employed during the same period, provided the injured employee lias worked
substantially the whole of the immediately preceding year at similar work.
I f the employee has not so worked, the weekly wages, earnings, or salary of an
employee working substantially the whole of such immediately preceding year
at similar work shall be used in determining the amount of partial compen
sation due the injured employee.
254
WORKMEN *S COMPENSATION LAWS— UNITED STATES
S ec. 16 (as amended 1921, eh. 222; 1925, eh. 201). Schedule.—In cases in
cluded in the following schedule the disability in each such case shall be
deemed to be total for the period specified, and after such specified period, if
there be a total or partial incapacity for work resulting from the injury
specified, the employee shall receive compensation while such partial incapacity
continues under the provisions of sections 14 and 15, respectively, but in no
case shall compensation continue more than 300 weeks after the injury. The
condensation to be paid for the injuries hereinafter specified shall be as fol
lows, to wit:
For the loss of a thumb, two-thirds the average weekly wages during 50
weeks.
For the loss of the first finger, commonly called the index finger, two-thirds
the average weekly wages during 30 weeks.
For the loss of the second finger, two-thirds the average weekly wages during
25 weeks.
For the loss of the third finger, two-thirds the average weekly wages during
18 weeks.
For the loss of the fourth finger, commonly called the little finger, twothirds the average weekly wages during 15 weeks.
The loss of the first phalange of the thumb or of any finger, shall be con
sidered to be equal to the loss of one-half of said thumb or finger and the com
pensation 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 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, two-thirds the average weekly wages during
25 weeks.
For the loss of one of the toes other than the great toe, two-thirds the
average weekly wages during 10 weeks.
The loss of the first phalange of any toe shall be considered to be equal
to the loss of one-half of 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, two-thirds the average weekly wages during 125
weeks.
For the loss of an arm, or any part at or above the wrist, two-thirds the
average weekly wages during 150 weeks.
For the loss of a leg, or any part at or above -the ankle, two-thirds the
average weekly wages during 150 weeks.
For the loss of a foot, two-tliirds the average weekly wages for 125 weeks.
For the loss of an eye dr the reduction of the sight of an eye, with glasses,
to one-tentli of the normal vision, two-thirds the average weekly wages
during 100 weeks.
The amounts specified in this section are all subject to the same limitations
as to maximum and minimum amounts, that is, of not more than $18 and not
less than $6 a week, as provided for total or partial disability.
In 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.
S ecs. 17-20. Notice.— [Notice of accident must be given within 30 days
and claims submitted within 1 year from the date of the occurrence of the
same, or within 1 year after death or the termination of a physical or men
tal incapacity. Such notice is to state in ordinary language the essential
facts and be signed by the claimant or by a person in his behalf. Service
may be personal or by leaving the notice at the last-known residence or place
of business of the employer or sent by registered mail. Inaccuracy not in
tentionally misleading and in fact having such effect does not invalidate a
notice. Want of notice is not a bar to proceedings if it appears that the
employer or an agent had knowledge of the injury or that failure to give
notice was due to accident or an unforeseen cause.]
Sec. 21. Medical examination*.— [During the continuance of disability the
injured employee must, if so requested, submit to an examination by a physician
TEXT OF LAWS----MAINE
255
selected and paid by the employer, and may also have a physician or surgeon
of his own selected and paid by him present. The chairman of the com
mission or the associate legal member may also appoint a physician to
examine an injured employee, the fees to be fixed and paid by the commis
sion. itefusal to submit to examination or obstruction of the same suspends
compensation rights for the period when compensation for such period or
suspension may be forfeited.]
Sec. 22. Savings or insurance.—No savings or insurance of the injured
employee independent of this act shall be taken into consideration in deter
mining the compensation 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<wmpetents.— [If an injured employee is mentally incompetent
or leaves minor dependents, no limitation will run against a claim while
there is no guardian. Trustees may be appointed to act for beneficiaries
whom the commission believes on reasonable grounds to be wasting their
compensation payments.]
Sec. 24. Waivers; assignments, etc.—No agreement by an employee, except
as provided in section 30, to waive his rights to compensation under this act
shall be valid. No claims for compensation under this act shall be assign
able or subject to attachment or liable in any way for debt.
S e c . 25. Injuries outside State.—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 out
side this State by accident arising out of and in the course of such employ
ment; and all contracts of hiring in this State shall be presumed to include
such an agreement.
Sec. 26 (as amended 1921, ch. 222). Liability of third parties.— [Where a
third party is liable for the injury to the workman, he may at his option either
claim compensation, obtaiu damages from the third party, or proceed at law
to recover the same. If compensation is claimed and awarded, the employer
is subrogated to the rights of the injured employee to the extent of such pay
ments, any excess to go to the injured employee less the employer's expense
and costs. Settlement of such claim and distribution of the proceeds must be
approved by the court, or if there was no suit, by the chairman of the commis
sion. If the employer or his insurer does not proceed against the third party
within 90 days after written demand by a compensation beneficiary, the latter
may proceed to enforce the liability in his own name, accounting for the pro
ceeds as above provided.]
Sec. 27. Preferences.— [Claims and awards have the same preference over
the unsecured debts of the employer as wage debts, but nothing herein shall
be construed as impairing any lien which the employee may have acquired.]
Sec. 28. Lump sums.— [After payments have continued not less than six
months, either party may, on notice to the other, ask the commission for an
order of commutation. If it appears that such commutation will be to the
best interest of the beneficiary, or that the continuance of weekly payments
would entail undue expense or hardship on the employer, or that the bene
ficiary has removed or is about to remove from the United States, commutation
will be granted. The basis is that of the present worth, calculated on the basis
of interest at 5 per cent per annum.]
Sec. 29 (as amended 1921, ch. 222). Industrial accident commission.— [A
commission consisting of four members is provided for, the chairman and asso
ciate legal member to be “ men learned in the law and members in good stand
ing of the bar of the State.” The commissioner of labor and industry and the
commissioner of insurance are ex officio the third and fourth members respec
tively. The first two are appointed by the governor for terms of three years,
and until their successors are appointed and qualified unless removed for ineffi
ciency, willful neglect of duty, or malfeasance in office, after hearing. The
chairman receives a salary of $3,500; the associate legal member, $3,000; the
commissioner of labor and industry, $1,000 in addition to his salary; and the
commissioner of insurance an addition of $500. The commission may also
appoint a clerk, and an appropriation of $28,200 is to be made annually for
salaries, clerk and other assistants, physicians, witness-fees, traveling, and
other expenses.
The commission has general supervision over the administration of the act
with power to make rules and regulations, issue subpoenas for witnesses, and
compel the production of books and papers. It may appoint a person from any
256
w o r k m e n ’s
COMPENSATION LAWS— UNITED STATES
part of the State to investigate an accident and report; depositions also may
be taken either within or without the State.]
Secs. 30 (as amended 1923, ch. 222). 31, 32, 33 (as amended 1921, ch. 222),
34-36. Procedure.— III! the parties reach an agreement a memorandum thereof
signed by them shall l>e filed in the office of ilie commission, and if found to
be in conformity wKh the act shall be approved. In cases of dispute or unap
proved agreement any person in inrerest may file a petition setting forth the
necessary facts and the matter in dispute. Within four days thereafter, the
commission must notify the other party, and within 10 days the party in oppo
sition must file its answer, furnishing a copy also to the petitioner. Further
time for filing answer and amendments may be allowed, but if no answer is
filed, the hearing will be held on the petition. Hearings are to be in the place
of the accident, but may with the consent of the claimant be hold elsewhere,
when the claimant will be reimbursed actual traveling expenses. If there
appear to be facts in dispute, witnesses may be presented, or the claims of both
parties submitted by affidavit. The chairman or associate legal member shall,
from the evidence thus furnished, decide in a summary manner on the merits
of the controversy. Findings of fact and rulhigs of law and other pertinent
matters will be filed in the office of the commission and copies furnished to all
parties interested. In the absence of fraud, such decisions on questions of
fact will be final. Any party in iuterest may present certified copies of orders
or decisions to the clerk of the county court, and the justice shall thereupon
render a decree in accordance therewith and notify all parties. Such decree
shall have the same effect as though rendered in a suit of equity except that
no appeal can be taken therefrom as to questions of fact, or where the dwrreo
is based on a memorandum of agreement approved by the commission.
Appeals may be takeu on proceedings as in equity, and an award may be
reversed or modified on grounds of erroneous ruling or finding of law. Such
action must be taken within 20 days after notice of the filing by the commis
sion or its chairman or the associate legal member. Modification of an award
submitted to the court will be conformed to by it in its decree.
Agreements filed with the commission and approved by the commissioner or
decisions of its chairman or associate legal member have the same effect as a
judgment by the court and are enforceable when filed with the clerk of the
court of the county. At any time within two years from the date of an
agreement by the commission, if the term of compensation has expired, agree
ments, awards, or findings may be reversed on grounds of change in condi
tions, and modified in accordance with the facts. Agreements may also be
modified at any time by a subsequent agreement between tho parties and ap
proved by the commissioner as original agreements are.]
Sec. 37. Forms, order#, etc.—The commission may prescribe forms and m;:ko
suitable orders as to procedure adapted to secure a speedy, efficient, and inex
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 pur
pose. 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. Death.—No proceedings under this act shall abate because of the
death of the petitioner, but may be prosecuted by his legal representative or
by any person entitled to compensation by reason of said death, under the pro
visions of this act.
Sec. 39. Limitation.—An employee's claim for compensation under this act
shall be barred unless an agreement or a petition as provided in section 30
shall be filed within two years after the occurrence of the injury, or in case
of the death of the employee, or in the event of his physical or mental inca
pacity, within two years after the death of the employee or the removal of
such physical or mental incapacity.
S ec . 40. Public employment*.—This act shall be compulsory as to the State,
counties, cities, water districts, and other quasi-municipal corporations of a
similar nature. The provisions of section 6 of this act shall not apply to the
State, counties, cities, water districts, and other quasi-municipal corporations
of a similar nature or to any towns voting to accept the provisions of this act.
Secs. 41-43. Reports; agreements.— [Employers under the act must promptly
report all accidents to their employees and such other particulars as are re
quired by the commission; also when the injured employee resumes employment
and the amount of his wages or earnings. Any final settlement made whether
by the employer or the insurance company must be filed with the commission,
TEXT OP LAWS— MAINE
257
showing the total amount of money paid, but this is not binding without the
approval of the commission or of its chairman or associate legal member.
Insurance companies operating under the act must fill out blanks and answer
questions submitted to them relating to their business under the act.
The commission itself makes biennial reports giving full statistical informa
tion as to the administration of the act, the number of employees affected, the
number injured, compensation received, and costs to the insurer.]
Sec. 44. interstate commerce.—This act shall affect the liability of employers
to employees engaged in interstate or foreign commerce or otherwise only so
far as the same is permissible under the laws of the United States.
Sec. 45. Payments to nonresidents.—If an employee receiving a weekly pay
ment under this act shall cease to reside in the State, or, if his residence at
the time of the accident is in an adjoining State, the commission upon applica
tion 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.
Sec. 4G. Provisions severable.—If any part or section of this act be decided by
the courts to be unconstitutional or invalid, the same shall not affect the
validity of the act as a whole, or any part thereof, which can be given effect
without the part so decided to be unconstitutional or invalid.
Sec. 47. False statements.—If for the purpose of obtaining any benefit or
payment under the provisions of 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 $50, and shall for
feit all right to compensation under this act after conviction for such offense.
Sec. 48. Impersonating officials.—No person other than a member of the com
mission or its 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 indirectly hold him
self 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 fint
not exceeding $200, or by imprisonment not to exceed 60 days, or by both.
MARYLAND
AN N O TATED CODE— 1924
A r tic le
101.— Workmen's compensation
s e c t io n s 1-7. Industrial accident commission.— [A commission of three
members is to be appointed by tbe governor for terms of six years* each, terms
expiring in rotation, the commissioners to hold office until their successors are
appointed and qualified. Members may be removed for inefficiency, neglect of
duty, or malfeasance, but only after hearing. The principal office is in the
city of Baltimore but branches may be established elsewhere. A majority of
the commission constitute a quorum, and any investigation or hearing may
be made or held by one member whose order, when approved by a majority,
becomes the order of the commission. A salary of $5,000 each is provided,
together with necessary expenses.
Sessions are to be continuous excepting Sundays and legal holidays, and
are open to the public. Proceedings are to be recorded; but no employee may
divulge any information secured by him in regard to the public transactions,
pro[>erty, etc., of any person, firm, or corporation or any other member of
the commission.
The commission may employ a secretary, inspectors, accountants, stenog
raphers, and other assistants as are required, and fix their compensation
subject to the approval of the governor. Suitable equipment and supplies
are to be procured, and the commission is to have an official seal. Members
of the commission, the secretary and any special examiner or inspector, may
issue subpoenas, administer oaths, and certify to official acts. Depositions may
be taken either within or without the State and the production of necessary
books, pay rolls, etc., compelled on application to a judge of the appropriate
court No person may be excused from testifying or producing books, papers,
or documents when ordered on the ground of incrimination or subjecting him
self to penalty or forfeiture, but no one shall be prosecuted, punished, or
penalized on account of any act or transaction concerning which he shall
have testified under oath by order of the commission, but this shall not
exempt from punishment for perjury.]
Secs. 8-13. Procedure.— [Officers serving subpoenas receive the same fee as
would a sheriff in the city or county, and witnesses are entitled to fees and
mileage as provided in civil cases. The commission is to adopt reasonable
rules for its procedure, regulate notices, the nature and extent of proofs and
evidence, the forms of application, the methods of investigation, physical ex
aminations and inspections, etc. It is not bound by formal or technical rules,
but is to carry out justly the spirit of the article. Provision is made for
transcripts of evidence, the preparation of blank forms, and for annual reports!
to the governor.]
Sec. 14. Compensatian to be paid.—Every employer 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 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 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 inten
tion 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.
The liability prescribed by the last preceding paragraph shall be exclusive,
except that if an employer fail to secure the payment of compensation for his
injured employees and their dependents as provided in this article, an injured
258
TEXT OF LAWS— MARYLAND
259
employee or his legal representative in case death results from the injury,
may, at his option, elect to claim compensation under this article, or to main
tain 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 thai the injury was due to the contributory negligence
of the employee. If an employer, besides employing workmen iu 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 extrahazardous employments within the meaning of
this article and the workmen employed therein, except as provided in section
33 of this article.
Sec. 15. Insurance.— [Insurance may be in the State accident fuud or with
any stock corporation or mutual association authorized to transact the busi
ness of compensation insurance in the State; self-insurance is permitted on
satisfactory proof of financial ability, though the commission may, in its discre
tion, require the deposit of securities in an amount determined by it to secure
compensation payments. Reports may be required annually or at any other
time deemed necessary, and an employer may be examined under oath, or such
examination made of his business as the commission may determine. If such
satisfactory proof is not furnished, the employer may be required to insure in
the State fund unless he at once insures voluntarily in some stock or mutual
association. Failure to comply with the foregoing provisions is a misdemeanor,
but the penalty may be remitted if the employer insures or secures the payment
of compensation as provided in this section and has paid or secured the pay
ment of any prior awards.
An employer desiring to assure the payment of benefits as herein required
must submit to the commission the method he wishes to adopt for its approval.
The commission may revise or alter its decision as reasonably necessary to
protect payments or diminish and prevent accidents. The power of the com
mission as to the prevention of accidents does not extend to public service cor
porations under the jurisdiction of the public service commission. The deci
sions of the commission may be reversed by the courts.
Employers failing to voluntarily insure the payment of compensation bene
fits are to be compelled by the commission to deposit with the State fund
premiums fixed by the commission for the group of employments, industries,
or works to which the employer belongs. Failure or refusal to so insure within
10 days after order by the commission incurs a penalty of six months’ premiums,
which may be collected by the commission in the same manner as provided in
section 22 of this article.
When exercising its discretion under this section, the commission is to con
sider the reputation of any insurance carrier for promptness and fairness of
settlements of claims without unreasonable resistance thereto, and shall also
consider the financial strength of the employer, the number of his employees,
and the hazard of their employments; also the relative influence of the different
methods of securing benefits on the prevention of accidents, and other facts
or conditions bearing on the security and promptness of payment of compen
sation and the prevention of accidents.]
Sec. 1(5. State accident fund.—The State Industrial 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 commission 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 ec : 17. Premiums.—For the purpose of creating such State accident fund
each employer insured in this fund or required to be insured therein by this
act shall pay into the State treasury the premiums of liability based upon and
being such percentage of the pay roll of such employer, as may have been
determined and published by the commission and be then in effect. The pre
miums shall be paid every four months, arid shall be the prescribed percentage
of the total wages paid to all employees subject to the act for such preceding
four months' period. The State treasurer shall issue his receipt for any sums
paid him hereunder in duplicate, the original to be delivered to the person,
260
W01! ICAIKjS' ’S CUMPJSNSA110JS LAWS----UNITED STATES
iiv'ui, or corporation or other employer paying the same and the duplicate
filed with the commission: Provided, however, That iu order to create a fund
available upon the application of this article as aforesaid on November 1, 1914,
the payments for the months of November, 1914, to February, inclusive, 1915,
shall be made on or before November 1, 1914, and be preliminarily based upon
the pay roll of the operations of the first four ninths of the year 1914. If
any employer 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.
Sv:c. 18. Several occupations.—If a single establishment of work insured in
the State accident fund comprises several occupations listed in section 32 of
this act, the premium shall be computed according to the pay roll of each
occupation, if clearly separable; otherwise an average rate of premium shali be
charged for the entire establishment, taking into consideration the number of
employees and the relative hazards. In computing the pay roll the entire com
pensation 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.
Skc. 19. Classification of industries.—It shall be the duty of the commission
to classify any industries 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 1st 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 tho
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 $100 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.
In case of disability partial in character but permanent in quality the com
pensation shall be 66% per cent of the average weekly wages, in no case to
exceed $18 per week and not less than a minimum of $8 per week, unless the
employee’s established weekly wages are less than $8 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 $3,750 in the aggregate.
Sec. 20. Form of pay roll.—The commission may establish and require all
employers 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.
Sec. 21. Reports.—Every employer subject to the operation and effect of this
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 re
quirements it may prescribe, of his pay roll for the four months then ending.
A failure to comply with this section shall subject the employer to an extra
contribution of $100 to be collected by the commission in a civil action in its
name. The amount collected under this section shall be paid into the State
accident fund.
TEXT Off LAWS— MARYLAND
261
Any employer who shall with fraudulent intent misrepresent to the commis
sion 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
tfie preiuiu?ii paid and the amount the employer should have paid. The liability
to the commission under this provision shall lie enforced in a civil action in the
name of the c o m m is s io n . All sums collected under this section shall be paid
into the State accident fund.
Sec. 22. Default in payment.— [In case of default of payment to the State
accident fund proceedings may be had in a civil action against the employer
for the recovery of the same, the action to be brought by the attorney general
of the State on certification by the commission. Policies are suspended during
the interval between such certification and payment of the premiums due.]
Secs. 23-25. Surplus; custody of funds.— [Ten per cent of the premiums col
lected for the State fund are to be set aside to create a surplus until $50,000
is accumulated and thereafter 5 per cent until, in the judgment of the com
mission, the surplus is sufficiently large to cover the catastrophe hazard. A
reserve to meet anticipated Joshes and carry all claims and policies to maturity
must also be maintained. The treasurer of the State is custodian of the fund,
and payments tliorefrom are to be by voucher signed by officers of the commis
sion. A separate fund is to he maintained and whenever sums not likely to bo
required for immediate use are in hand they may be invested in designated
interest bearing securities. Funds for current use may be,deposited as other
State funds.]
Sec. 26. Withdrawing from fund.—Any employer, after entering the State
accident fund may withdraw from said fund after the period of oue year upon
giving 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 article.
Sec. 27. Expenses.— [The expense of administering the fund is to be
charged against it, including the salaries of those employees rendering services
exclusively to the fund, and projwrtionate amounts of the expenses of the com
mission and other employees. A pay roll of the employers of the State is to
be obtained annually, as fully and accurately as possible, whether insured in
the State fund or otherwise, or self-insured, and shall also calculate the
amount paid by the State for the expenses of the accident commission during
the preceding year, including the amount chargeable to the accident .fund. A
proportionate distribution of such costs and charges shall be assessed against
all self-insured employers, and all insurance carried, including the accident
fund, as a special tax for the maintenance of the State industrial accident
commission. The total amount to be assessed against such insurance carriers
and self-insurers is not to exceed $80,000 for any one year. Payment of such
assessments may be enforced in a civil action in the name of the State. The
commission is authorized to examine pay rolls and require reports reasonably
necessary to carry out the foregoing provisions.]
Sec. 28. If law repealed.— [In case this article is repealed, the insurance
fund is to be disposed of as the legislature may provide.]
Secs. 29-31. Policies of insurance.— [All policies of insurance for compensa
tion under this article are deemed to be made subject to its provisions. A
license must first be obtained from the insurance commissioner of the State,
who may pass upon the adequacy of premium rates, and must approve the
form of policy before it can be used. Such commissioner lias power to require
the establishment and maintenance of adequate rates for the various risks,
and may revoke the license of any company while within the provisions of this
section. Policies must provide that the commission may enforce them for the
benefit of the beneficiary under this article, that knowledge or notice on the
part of the employer, and jurisdiction of the employer, are for the purposes
of this article effective as to the insurance carrier. There must also be a pro
vision to the effect that the insolvency of the employer does not relieve the
carrier from the imyinent of compensation on account of injuries sustained
during the life of the policy. Policies must cover the liabilities provided for by
this article, and may not be canceled within the time of their term without at
least 10 days’ notice to the commission and the employer. Existing arrange
ments are not interfered with, but any scheme or system of benefits may not
reduce the liability for compensation specified in this article, and a person en
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WORKMEN *S COMPENSATION LAWS— UNITED STATES
titled to compensation may, irrespective of any insurance or other contract,
have the right to rceover directly from the employer.]
S e c . 32. Extrahazardous employment # .— Compensation provided for in this
article shall be payable for injuries sustained or death incurred by employees
engaged in the following extraliazardous employments:
1. The operation, including construction and repair, of railways operated
by steam, electric, or other motive power, street railways and incline railways,
but not in their construction when constructed by any person other than the
company which owns or operates the railways, including work of express,
sleeping, parlor, and dining car employees on railway trains.
2. Construction and operation of railways not included in paragraph 1.
3. The operation, including construction and repair, of car shops, machine
shops, steam and power plants, and other works for the purposes of any such
railway, or used or to be used in connection with it when operated, constructed,
or repaired by the company wlrich owns or operates the railway.
4. The operation, including construction and repair, of car shops, machine
shops, steam and power plants not included in paragraph 3.
5. The operation, including construction and repair, of 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 company, or used or to be
used in connection with its business, when constructed or operated by the
company.
7. Construction of telegraph and telephone lines not included in paragraphs
5 and 6. .
8. The operation, within or without the State, including repair, of vessels
other than vessels of other States or countries used in interstate or foreign com
merce, when operated or repaired by the company.
9. Shipbuilding, including construction and repair in a shipyard or elsewhere,
not included in paragraph 8.
10. Longshore work, including the loading or unloading of cargoes or parts
of cargoes of grain, coal, ore, freight, general merchandise, 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.
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 compressed air,
excavation, tunneling and shaft sinking, wrell digging, laying and repair of
underground pipes, cables and wires, not included in paragraph 5 of this section.
14. Lumbering, logging, river-driving, rafting, booming, 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 matresses or bed springs.
17. Planing mills, sash and door factories, manufacture of wooden and cor
rugated paper boxes, cheese boxes, moldings, window and door screens, window
shades, carpet sweepers, w’ooden 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; manufacture of
brick, tile, terra cotta, fire-proofing, or paving blocks, manufacture 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, instruments,
utensils, and articles, hardware, nails, wire goods, screens, bolts, metal beds,
sanitary, water, gas, or electric fixtures, light machines, typewriters, cash reg
TEXT OF LAWS— MARYLAND
263
istersy adding machines, carriage mountings, bicycles, metal toys, tools, cutlery,
instruments, photographic cameras, and supplies, slieet-metal products, buttons,
24. Manufacture of agricultural implements, threshing 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, japans, turpentine, printing
ink, printers’ rollers, tar, tarred, pitched, or asphalted paper.
27. Distilleries, breweries; manufacture of spirituous or malt liquors,
alcohol, wine, mineral water, or soda waters.
28. Manufacture of drugs and chemicals, not specified in paragraph 25,
medicines, dyes, extracts, pharmaceutical or toilet preparations, soaps, candies,
perfumes, noncorrosive acids or chemical preparations, fertilizers, including
garbage disposal plants; shoe blacking 01* polish.
20. 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; manilla 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, elcctrotyping, lithographing,
embossing; manufacture of stationery, paper, cardboard boxes, bags, or wall
paper; and bookbinding.
41. The operation, otherwise than on tracks, on streets, highways, or else
where of ears, trucks, wagons, or other vehicles, and rollers and engines, pro
pelled by steam, gas, gasoline, electric, mechanical, or other power, or drawn
by horses and mules.
42. Stone cutting or dressing; marble works; manufacture of artificial
stone; steel building and bridge construction; installation of elevators, fire
escapes, boilers, engines, or heavy machinery; bricklaying, tile laying, mason
work, stone setting, concrete work, plastering; and manufacture of concreteblocks; structural carpentry; painting, decorating, or renovating; sheet metal
work; roofing; construction, repair, and demolition of buildings and bridges;
plumbing, sanitary or heating engineering; installation and covering of pipes
or boilers.
43. All salesmen including sales managers employed to solicit orders from
customers outside of the establishment for which they are employed, who are
citizens or residents of this State, employed by a person, firm, or corporation
having a place of business within this State, whether the injury for which
compensation is asked was sustained within this State or elsewhere: Pro
vided, however, If an employee or the dependents of an employee shall have
received 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 article.
44. In addition to the employments set out in the preceding paragraphs,
this act is intended to apply to all extrahazardous employments not specifi
cally enumerated herein, and to all work of an extrahazardous nature.
Sec. 33. Who man elect.—Any employer, his employee or employees engaged
in works not extrahazardous within the meaning of this article may, by their
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WORKMEN 'S COMPENSATION LAWS— UNITED STATES
joint election, iile with the coinmission, except, 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 1C years and upward may himself exercise
the electiou hereby authorized. The right of election hereby authorized shall
be exercised on behalf of any workman under the age of 16 years by his
parent or guardian. Nothin# herein shall be construed to apply to workmen
of less than the minimum age prescribed by law for the employment of minors
in the occupation in which such workman shall be engaged.
The provisions of this article shall apply to employers and employees
engaged in intrnstate and also :n interstate or foreign commerce, for whom
a rule of liability or method of comf>en.sation 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 dis
tinguishable from interstate or foreign commerce, except that auy such em
ployer and any of liis workmen only in this State may, with the approval of
the commission, and so far as not forbidden by any act of Congress, volun
tarily accept the provisions of this article by filing written acceptances with
the commission, which shall subject the acceptors to the provision? of this
article to all intents and purposes as if they had been originally included in
Its terms.
Sec. 84. Interstate commerce.— [This section provides that if Congress enacts
an exclusive remedy for compensation for employees of common carriers by
railroads in interstate or foreign commerce injured in the course of their
employment, such provision may, by agreement between employers and em
ployees, be made applicable to intrastate commerce. (No such law has been
enacted.) ]
Six?. 35. Public employees.—Whenever the State, county, city, or any munici
pality shall engage in any extrahazardous work, within the meaning of this
article, whether for pecuniary gain or otherwise, in which workmen are
employed for wages, this article shall be applicable thereto. In time of peace
and while engaged in military service all officers and enlisted men of Mie
organized militia of the State of Maryland shall be deemed workmen of the
State for wages within the meaning of the preceding sentence. Whenever
and so long as by State law, city charter, or municipal ordinance, provision
equal or better than that given under the terms of this article is made for
municipal employees injured in the course of employment, such employees
shall not be entitled to the benefits of this article.
Sec. 36. Compensation.—Each employee (or in case 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.
1. Permanent total disability: In case of total disability adjudged to be
permanent 66% per cent of the average weekly wages shall be paid to the
employee during the continuance of such total disability, not to exceed a
maximum of $18 per week and not less than a minimum of $8 per week, unless
the employee’s established weekly wages are less than $8 per week at the
time of the injury, in which event he shall receive compensation in an ainouut
equal to his average weekly wages, but not to exceed a total of $5,000. Loss
or loss of use of both hands, or both arms, or both feet or both logs, or both
eyes, or of any two thereof, shall, in the absence of conclusive proof to the
contrary, constitute permanent total disability. In all other cases permanent
total disability shall be determined in accordance with the facts.
2. Temporary total dfaa-bttlty: In case of temporary totaj disability, 66%
per cent of the average weekly wages shall be paid to the employee during
the continuance thereof, but not to exceed a maximum of $18 per week and
not less than a minimum of S8 per week, unless the employee’s established
weekly wages are less than $8 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
$3,750 in the aggregate.
3. Permanent partial disability: In case of disability partial in character
but permanent in quality the compensation shall be 66% per cent of the
average weekly wages, in no case to exceed $18 per week and not less than
TEXT OF LAWS— MARYLAND
265
a minimum of $8 per week, unless the employee's established weekly wages
are less than $8 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 exceed more
tiiun £3,750 in the aggregate and shall be paid to the employees for the period
named in ihe schedule, as follows:
Thumb: F<,r the loss of a thumb, 50 weeks.
1: ivst linger: For the loss of a first finger, commonly called the index finger,
30 weeks.
Second linger: For the loss of a second finger, 25 weeks.
Third linger: For the loss of a third finger, 20 weeks.
Fourth finger: For the loss of a fourth finger, commonly callcd the little
finger, 15 weeks.
The loss of the second or distal phalange of the thumb shall be considered
to be equal to the loss of one-lialf of the thumb; the loss of more than onehalf of such thumb shall be considered to be equal to the loss of the whole
thwnb; 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 phalange of any finger shall be considered to be equal to the loss of the
whole of such finger: Provided, hoicevei', 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, 25 weeks.
Other toes: For the loss of one of the toes, other than the great toe, 10
weeks.
Hand: For the loss of a hand, 150 weeks.
Arm : For the loss of an arm, 200 weeks.
Foot: For the loss of a foot, 150 weeks.
Leg: For the loss of a leg, 175 weeks.
Eye: For the loss of an eye, 100 weeks.
Hearing: For the total loss of hearing of one ear, 50 weeks; for the total
loss of hearing of both ears, 100 weeks.
Loss of use: Permanent loss of 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 com
pensation for total loss of vision, and in arriving at the fractional part of
vision lost regard shall not be had for the effect that correcting lens or lenses
ir.«y have upon the eye or eyes.
Amputations: Amputation between the elbow and the wrist shall be con
sidered 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 considered as the loss
of the lee.
The compensation for the foregoing specific injuries shall be paid in addi
tion to and consecutively with the compensation hereinbefore provided in sub
section 2 of this section.
If an employee dies, the right to any compensation payable under this
subsection unpaid at the date of his death shall survive to and vest in his
personal representatives.
Other cases: In all other cases in this class of disability the compensation
shall be 50 per cent of the difference between his average weekly wages
and his wage-earning capacity thereafter in the same employment or other
wise. if less than before the accident (but not to exceed $18 per week), pay
able during the continuance of such partial disability, but not to exceed
$3,000, and subject to reconsideration of the degree of such impairment by
the commission on its own motion or upon application of any party in
interest.
In all cas^s where there has been an amputation of a ptirt of any member
of the body herein specified, or the loss of the use of any part thereof, for
which compensation is not specifically provided herein the commission shall
allow compensation for such proportion of the total number of weeks allowed
for the amputation or the loss of the use of the entire member as the affected
or amputated portion thereof bears to the whole.
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WORKMEN'S COMPENSATION LAWS— UNITED STATES
Disfigurements: For other mutilations and disfigurements not hereinbefore
provided for compensation shall be allowed, in the discretion of the commis
sion, for not less than 10 weeks nor more than 100 weeks, as the commis
sion may fix in each case, having due regard to the character of the mutila
tion and disfigurement as compared with mutilation and injury hereinbefore
specifically provided for.
4. Temporary partial disability: In case of temporary partial disability,
except the particular cases mentioned in subdivision 3 of this section, an in
jured employee shall receive 50 per cent 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 accident, but not to exceed
$1S per week, during the continuance of such partial disability, but not
in excess of $3,500, except as otherwise provided in this article.
In case the injury causes death within the period of three years the bene
fits shall be in the amounts and to the persons following:
If there be no dependents, the disbursements shall be limited to the expflfttee
provided for in section 87 hereof.
If there are wholly dependent persons at the time of death, the payment
shall be 66% per cent of the average weekly wages, not to exceed, however,
a maximum of $18 per week and not less than a minimum of $8 per week,
unless the deceased employee’s established weekly wages were less than $8
per week at the time of injury, in which event the compensation shall be an
amount equal to the average weekly wages, and to continue for the remainder
of the period between the date of death and 416 weeks after the date of in
jury, and not to amount to more than a maximum of $5,000 nor less than a
minimum of $1,000.
If there are no wholly dependent persons at the time of the death, but
are partly dependent perrons, those partly dependent shall receive compensa
tion as follows: The weekly jmyments to such dependents shall be in an amount
not exceeding 66% per cent of the average weekly wages or $18 per week,
but may, in the discretion of the commission, be for a less amount per week,
and to continue for nil or such portion of the period of 416 weeks after the
date of the injury as the commission in each case may determine, and not
to amount to more than a maximum of $3,000.
The following persons shall be presumed to be wholly dependent for sup
port uiK>n a deceased employee: A wife or invalid husband ( “ invalid” mean
ing one physically or mentally incapacitated from earning), a child or chil
dren under the age of 16 years (or over said age if physically or mentally
incapacitated from earning) living with or dependent upon the parent at the
time of the injury or death.
Tn all other cases questions of dependency, in whole or in part, shall be
determined in accordance with the facts in each particular case existing at
the time of the injury resulting in death of such employee, but no person shall
be considered as dependent unless such person be a father, mother, grand
father. grandmother, stepchild or grandchild, or brother or sister of the de
ceased employee, including those otherwise specified in this section.
The right to any compensation payable to any dependent and unpaid at
the date of death of any such dependent shall survive to and be vested in
the surviving dependents as the commission may determine, if there be such
surviving dependents, and if there be none such, then the compensation shall
cease.
Compensation under this article to alien dependent widows, 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 an accident resulting in death the commission may. in its discretion,
convert any payments thereafter to become due to such beneficiaries into a
lump-sum payment, not in any case to exceed $2,400, by paying a sum equal to
three-fourths 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 citizens 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 discharge
of all sums paid to and received by them.
S f c . 37. Medical. etc.. aid.—In addition to the compensation provided for
herein, the employer shall promptly provide for an injured employee such
TEXT OF LAWS— MARYLAND
267
medical, surgical, or other attendance or treatment, nurse and hospital services,
medicines, crutches, apparatus, artificial hands, arms, feet, and legs as may
be required by the commission in an amount not to exceed $500. If an em
ployer Jails to provide the same, the injured employee may do so at the expense
of the employer. All fees and other charges for such treatment and services
shall be subject to regulation by the commission, and shall be limited io 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 three years, reasonable funeral expenses shall be allowed, not to exceed
the sum of $125. Any bill for funeral expenses contracted for an amount in
excess of $125 shall be null and void and uncollectible either out of the com
pensation allowed or out of the personal assets of those obligating themselves
to pay, unless and until said bill is approved by the commission: Prorided>
heir ever, That if there are no dependents and the deceased employee leaves
sufficient estate to pay same, all expenses of last sickness and burial shall be
paid by said estate and not by the employer or insurance company, or commis
sion 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 payments therefor.
S e c s . 38-42. Notice and claim; procedure.— [Notice of a compensable injury
must be given within 10 days after the accident, and of death within 30 days.
The facts must be stated in ordinary language, sigued by a claimant or person
in his behalf. Failure to give such notice bars any claim under the article
unless excused on the ground that notice could not be given for some sufficient
reason, or that the party liable for payments was prejudiced thereby. Em
ployers must also report the occurrence of accidents at once to the commission.
Employees entitled to compensation must file claim within 30 days, failure
being a bar unless excused on the same ground as given above. Claims for
death must be submitted within a year. The commission is directed to make
investigations as deemed necessary, and may, on the application of either
party, order a hearing and within 30 days after the claim is submitted or after
the hearing is closed must render its decision, filing the same with a statement
of the conclusions of fact and rulings of law. If the commission deems proper,
or either party makes written application therefor, it may require the claim
ant to appear before an arbitration committee appointed by the commission
representing employees, employers, and the commission. The same procedure
may l>e followed if changes of circumstances warrant a review. Penalties are
provided for attempts to secure compensation to which the claimant is not
entitled. Any employee entitled to receive compensation may be required to
submit himself to medical examination at reasonable times and places as may
be provided by the rules cf the commission. Refusal or obstruction suspends
benefits, and no compensation shall be paid for the period of such suspension.]
Sec. 43. Second injuries.—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
comi>ensation shall be adjusted according to the other provisions of this article
and with regard to the combined effect of his injuries and his past receipt of
compensation under this article. In case of the remarriage of a dependent
widow of a deceased employee, without dependent children at the time of the
remarriage, she shall receive compensation for one year after the date of her
remarriage, provided there is so much of the compensation previously awarded
her outstanding. 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.
If aggravation, diminution, or termination of disability takes place or be dis
covered after the rate of compensation shall have been established or compen
sation terminated in any case, the commission may, upon the application of
any party in interest or upon its own motion, readjust for future application
the rate of compensation in accordance with rules in this section provided, or in
a proper case terminate the payments.
A husband or wife of an injured employee who has deserted said employee
for more rhan one year prior to the time of the injury or subsequently shall
not be a beneficiary under this article.
1JH © c~ 2 r --------18
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w o r k m e n 's COMPENSATION LAWS— XJKiXED STATES
S ec . 44. Removal from State.—If a beneficiary shall reside or remove out of
the United States and shall have been such nonresident for a period of one year,
the commission may, in its discretion, convert any payments thereafter to be
come due to such beneficiary into a lump-sum payment, not in any case to
exceed $2,400, by paying a sum equal to three-fourths of the then value of such
payments.
S ec . 45. Intentional injury.—If Injury or death results to a workman from
the deliberate intention of his employer to produce such injury or death, the
employee, 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 been passed.
Sec. 46. Injuries not compensated.—Notwithstanding anything hereinbefore or
hereinafter contained, no employee or dependent of any employee shall l>e
entitled to receive any compensation or benefits under this article on account of
any injury to or death of an employee caused by self-inflicted injury, the will
ful misconduct, or where the injury or death resulted solely from the intoxica
tion of the injured employee.
Sec. 47. Learner*, etc.— If it be established that the injured employee was of
such age and experience when injured as that under the natural conditions his
wages would be expected to increase, this fact may be considered in arriving at
his average weekly wage.
Sec. 48. Minors.—A minor working at an age legally permitted under the
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.
S ec . 49. Waiting time.—No compensation shall be allowed for three days after
the beginning of disability, except disbursements herein authorized for medical,
nurse, and hospital services and medicines and for funeral expenses.
Sec. 50. Distribution of death benefits.—The benefits in case of death shall be
paid to such one or more of the dependents of the decedent for the benefit of
all the dependents as may be determined by the commission, which may appor
tion 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 beneficiaries thereof according to their r e s i s
tive claims upon the decedent for support, in compliance with the findings and
direction of the commission.
Sec. 51. Lump sums.—In every case providing for compensation to an em
ployee or his dependent, excepting temporary disability, the commission may, if
in its opinion the facts and circumstances of the case warrant it, convert the
compensation to be paid in a partial or total lump sum.
Sec. 52. Assignments, etc.—No money payable under this article shall, prior
to issuance and delivery of the warrant or voucher therefor, be capable of
being assigned, charged, or taken in execution or attachment.
Sec. 53. Waivers.—No employer or employee who is subject to the provisions
of this article shall exempt himself from the burden or waive the benefit of
this article by any contract, agreement, rule, or regulation: and any such con
tract, 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 who 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 $200 for each offense.
Sec. 54. Jurisdiction continuing.—The powers and jurisdiction of the com
mission over each case shall be continuing and it may from time to time
make such modifications or change with respect to former findings or orders
with respect thereto as in its opinion may be justified.
Sec. 55. Abscnce of safeguards.—If an employee shall be injured because of
the absence of any safeguard or protection required by the commission, the em
ployer shall bo guilty of a misdemeanor and liable to a fine of not less than $50
or more than $500 to be paid into the State accident fund.
S e c s . 56, 57. Appeals.— [Appeals may be tliken by any party in interest to
the circuit court of the county or the common-law courts of Baltimore city for
determination of the action of the commission, whether it has exceeded its
powers, or has misconstrued the law and the facts applicable in the case.
The court may affirm, reverse, or modify any award. Proceedings are to be
Informal and summary, but
apnll^ntion of either party, questions of fact
TEXT OF LAW'S— MARYLAND
269
may be submitted to a jury. Appeals must be taken within 80 clays following
the rendering of the decision appealed from, and do not act as a sray. Further
appeals may be taken to the court of appeals as in other civil cases, and such
appeals shall have precedence over all except criminal cases. Costs follow the
practice prevailing in civil cases, and if the court or commission in any pro
ceedings determines that they have been brought on unreasonable grouuds, the
entire cost may be assessed against the moving party. Claims for legal and
medical services are not enforceable unless approved by the commission; if so
approved they become a lien upon the award to be paid therefrom only in the
manuer fixed by the commission.]
Sec. 58. Liability of third parties.— [Where injury or death is caused in such
a manner as to create a legal liability of a* third party, the injured man or his
dependents in case of death may either proceed in an action at law for damages,
or claim compensation under this article, or in case of joint tort-feasors, may
proceed against both. If an employer or his insurer paying compensation or
subject to an award, he may enforce against a third parry the liability of
the beneficiary. If damages are recovered in excess of the award, including
medical and surgical services and funeral expenses, such excess, less expenses
and costs of action, shall be paid to the injured employee or his dependents. If
the employer or his insurance carrier does not withiu two months start pro
ceedings against a third party, either the employee or his dependents may en
force his liability iu an action at law; but if damages are recovered, the ex
penses of the action will be first retained, then the employer or his insurer
reimbursed and any balance in excess thereof shall inure to the plaintiff.]
Sac. 59. Unconstitutionality.— [This section provides for a contingency of a
holding of unconstitutionality. As the article has been declared constitutional
further notice is omitted.]
Sec. 00. Records on appeal.—It shall be the duty of the clerk of the court to
which a case is sent on appeal uuder the preceding section to send to the com
mission a duly certified copy of the docket entries and judgment of the court in
each case heard and determined on appeal.
Sec. 61. Cases outside scope of act.—If any employer shall be adjudicated to
be outside the lawful scope of this article, the article shall not apply to him or
his employees; if any employee shall be adjudicated to be outside of the lawful
scope of this article because of remoteness of his 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 ease an accounting in accordance
with the justice of the case shall be had of moneys received.
Sioo. 62. Contractors and subcontractors.—When any person as a principal
contractor undertakes to execute any work which is a part of his trade, busi
ness, or occupation which he has contracted to perform 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 contractor shall be liable to pay to any workman employed in the
execution of the work any compensation under this article which he would
have been liable to pay if that workman had been immediately employed by
him ; and where compensation is claimed from or proceedings are taken against
the principal 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 sec
tion, he shall be entitled to indemnity from any employer who would have been
liable to pay compensation to the employee independently 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 subcontractor 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
code.'endant in the case.
S’::c. 63. Construction.—The rule that statutes in derogation of the common
law are to be strictly construed shall have no application to this article; but
270
WORKMEN ’S COMPENSATION LAWS— UNITED STATES
tills article slutll be s o interpreted ami construed as to effectuate its general
purpose.
S ec . 64. Prc* itmotions.—In any proceeding for the enforcement of a claim for •
compensation under this article it shall be presumed in the absence of substan
tial evidence to the contrary:
(«) That the claim comes within the provisions of this article.
(b) That sufficient notice thereof was given.
(c) That the injury was not occasioned by the willful intention of the injured
employee to bring about the injury or death of himself or of another.
(rf) That the injury did not result solely from the intoxication of the injured
employee while on duty.
(<?) That there has been no prejudice caused by failure to file claim within
30 days.
S ec . 65. Definitions.—Definitions as used in this article:
1. “ Extrahazardous employment ” means a work or occupation described
in section 32 of this article.
2. “ Employer," except when otherwise expressly stated, means a person,
partnership, association, corporation, and the legal representatives of a de
ceased employer, or the receiver or trustee of a person, partnership, associa
tion, or corporation employing workmen iu extrahazardous employments.
3. “ Employee” means a person who is engaged in an extrahazardous em
ployment in the service of an employer, carrying on or conducting the same
upon the premises or at a plant, or in the course of his employment away from
the plant of his employer, and shall not include farm laborers. “ Farm labor
ers ” as used in this article shall mean any employees who at the time of the
accident are engaged in rendering any agricultural service, including the
threshing or harvesting of crops, or who at the time of the accident are engaged
in service incidental to and in connection with agricultural pursuits or develop
ments, whether the employer be the farmer or other person undertaking or
contracting with the farmer to perform any such agricultural service, pursuit,
or development. This article shall not apply to farm laborers, domestic serv
ants. nor to country blacksmiths, wheelwrights, or similar rural employments,
unless these employments elect to come under this article as provided in sec
tion 33, nor in any case where the accident occurred before this article takes
effect, nor to casual employees or any employees who are employed wholly
without the State. But for all purposes of this article casual, occasional, or
incidental employment outside of this State by the Maryland employer of an
employee or employees regularly employed by said employer within this State
shall be construed to be employment within this State: Provided, however.
If an employee or the dependents of 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 article.
4. “ Employment ” includes employment only in a trade, business, or occupa
tion carried on by the employer for pecuniary gain.
5. “ Compensation” means the money allowance payable to an employee or
to his dependents as provided for in this article, and includes funeral benefits
provided therein.
(1 “ 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 compensation 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.
0.
“ State accident fund” means the State insurance fund provided for in
section 16 of this article.
10.
The term “ child ” and “ children ” shall include posthumous children and
adopted children, whether members of the deceased employee’s household at
the time of his accident or death or not. and shall also include stepchildren,
Illegitimate children, and other children, if such stepchildren, illegitimate
children, and ether children were members of the household of the decedent at
the time of the accident or death and had received contributions toward their
support from such deceased employee during any part of the six months
immediately preceding the accident or death.
TEXT OP LAWS— MABXLAKD
271
11. “ Beneficiary” means a husband, wife, child, children, or dependents of
an employee in whom shall vest a right to receive payment under this article.
12. “ Mining” means all underground workings by shaft, drift, slope, or
otherwise, for the securing, removing, aud taking out from under the ground
coal, iron ore, clays, and all other minerals and mineral 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 tunnel may extend underground into an
adjoining State, and notwithstanding such mine worker so employed in this
Stale may be killed or injured while working in said mine beyond the lines
of this State, and within the lines of an adjoining State.
MASSACHUSETTS
GENERAL LAWS—1921
C h apter
24.—Department of industrial accidents
S ections 1, 2 (as amended 1922, ch. 537; 1923, ch. 477), 3 (as amended 1923,
ch. 151), 4 (as amended 1923, ch. 477), 5-4). Industrial accident "board.— [A de
partment known as the department of industrial accidents consists of the
industrial accident board of seven members. One member must be a woman.
The chairman is designated by the governor, and terms are five years. The
chairmau receives a salary of $6,000, the other members, $5,000 each, the sec
retary $5,000, inspectors at salaries fixed by the department, and other officers,
agents, and assistants as are necessary may be appointed. It may also ap
point a medical advisor at a salary of $4,500. Provision is made for a division
of industrial training for injured workmen.]
C h apter
152.— Workmen's compensation
S e c t io n 1. Definitions.—The following words, as used in this chapter shall,
unless a different meaning is plainly required by the context or specifically pre
scribed, have the following meanings:
(1) “Average weekly wages,” the earnings of the injured employee during
the period of 32 calendar months immediately preceding the date of injury,
divided by 52; but if the injured employee lost more than two weeks* xiiae
during such period, the earnings for the remainder of such 32 calendar months
shall be divided by the number of weeks remaining after the time so lost, has
been deducted. Where, by reason of the shortness of the time during which
the employee has been in the employment of his employer or the nature or
terms of the 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 12 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 class of employment and in the same district.
(2) “ Department,” the department of industrial accidents.
(3) “ Dependents,” members of the employee's family or next of kin who
were wholly or partly dependent upon the earnings of the employee for sup
port at the time of the injury.
(4) “ Employee,” 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 commerce, and except one whose em
ployment is not in the usual course of the trade, business, profession, or occupa
tion of his employer. Any reference to an employee who has been injured
shall, when the employee is dead, also include his legal representatives, de
pendents, and other persons to whom compensation may be payable.
(5) “ Employer” includes the legal representative of a deceased employer.
(0) “ Insured ” or “ insured person.” an employer who has provided by
insurance for the payment to his employees of the compensation required by
this chapter.
(7) “ Insurer,” any insurance company which has insured the compensa
tion payable by an employer under this chapter.
(8) “ Reviewing board.” the reviewing board designated under section
three of chapter 24.
Src. 2. Powers, etc., of department.—The department shall make all neces
sary inspections and investigations relating to causes of injuries for which
compensation may be claimed, and for this purpose any member or employee
thereof may at any time enter places of employment when being used for busi
ness purposes. It shall also have the powers and duties set forth in this
chapter.
S e c . 3. [Repealed.]
272
TEXT 01*’ LAWS— MASSACHUSETTS
273
S e o . 4 (as amended 1923, ch. 4(12). Heparin.—The department shall make an
animal report.
S e c s . 5-17. Procedure.— [The department may make ruies consistent with
this chapter for carrying out its provisions. Process and procedure are to be
as simple and summary as reasonably may be. The department and its mem
bers may subpoena witnesses, administer oaihs and examine books and records
relative lo questions in dispute. Depositions may be taken or letters rogatory
may be sent to courts of oilier States or countries by the superior court on
behalf of the department. Witness fees are prescribed, and provision for
enforcement of attendance by proceedings in the superior court.
If the insurer and an employee reach an agreement a memorandum must
be filed with the department, and if approved by it, it becomes enforceable.
If they fail to agree, or disagree as to continuance of payments under an
agreement, either party may notify the department which shall thereupon
assign th* case for hearing by a member. A decision will be rendered on the
evidence, and unless a claim for review is filed within seven days, it becomes
enforceable as an award. If a claim for review is filed the reviewing board
shall hear the parties and file its decision in accordance with its conclusions.
No party is of right entitled to a second hearing upon questions of fact. An
impartial physician may be appointed to examine the injured employee and
veport, the report being admissible as evidence in any proceeding before the
department or a member thereof if the parties in interest have been season
ably furnished with copies of such report. The physician’s fee is $5 and
traveling excuses but additional reasonable amounts may be allowed in
extraordinary cases, and the insurer is to reimburse the department for the
amount so paid.
Any party in interest may present a certified copy of an award or decision
to the superior court of the county whereupon a decree shall issue with the
same effect as if rendered in a suit heard and determined by the court, except
for certain restrictions on appeals. If a decision has been ratified the court wttl
modify its decree accordingly. Fees of attorneys are subject to the approval
of the department. If there is a disagreement, a hearing may be had. the
decision being enforceable as above. If it is determined that proceedings have
been brought, prosecuted or defended without reasonable ground, the whole
cost thereof is to be assessed against the party responsible therefor.
In case of legal liability in a third party, the employee may at his option
proceed at law against such party to recover damages, or against the insurer
for compensation under this chapter, but not against both. If compensation
is paid the insurer is subrogated to the rights of the injured person, and if
he recovers more than the amount paid by him, four-fifths of the excess shall
be paid to the employee.
The general questions in dispute are to be determined by the department,
enforceable on filing with the court, if no claim for review is made.]
S ec . 18. Contractors' employees.—If an insured person enters into a con
tract. written or oral, with an independent, contractor to do such person’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 insured, and the
insurer would, if sucti work were executed by employees immediately employed
by the insured, be liable to pay compensation under this chapter to those em
ployees, the insurer shall pay to such employees any compensation which would
be payable to them under this chapter if the independent or subcontractors were
insured persons. The insurer, 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 insurer has paid compensation under thfs
section, it may enforce, in the name of the employee or in its own name and
for its benefit, 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 no part of or process in, the trade or business carried
on by the insured, 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 insured or which are under the control or management of the
insured.
Secs. 19, 20. Records; reports of accidents.— [Every employer must keep a
record of all injuries to his employees received in the course of their employ
ment and report the same to the department within 48 hours, not counting
Sundays and legal holidays. A supplemental report is to be made at the ter
mination of every disability, and at the end of 60 days if disability continues
274
avukk.mi:n’.< co m p en sa tio n la w s — u n it e d s t a t e s
so long, a liiial sul’I’Uiiivutul report. Such reports are available for stat siical
purposes oit request of the department. of labor and industries. Within 00
days after the termination of a disability a statement is to be filed by the
insurer showing total payments made or to be made for compensation and for
medical services. Copies of hospital records properly cert fled are admissible
as evidence.]
S k < s . 21-25. Notice of insurance; effect.— [Insured employers must notify
their employees as soon as the policy is secured, also of the expiratiou of any
policy, unless renewed. A copy of such notice is to be filed with the depart
ment. If an employee of such insured employer files a claim for com
pensation or accepts payments or makes any agreement for payment or submits
for a hearing as provided above, such action releases the employer of any
claims or demands at law, if any, arising from the injury. Waiver of right
of action for damages will be presumed if an employee does not notify the
employer in writing of his claim to sue. Such notice may be waived in writing
effective five days after delivery. Notices required by this section are to be
given in such manner as the department approves.
Jf an insured employer who has complied with the regulations of the insurer
is required to pay damages for iujuries to an employee sustained during
the period covered by insurance, he is entitled to reimbursement of the
full amount and costs if he lias given the insurer writ ten notice of the action,
with opportunity to appear and defend.]
Skc. 26. Waivers.—Ir an employee who has not given notice of his claim
of common-law rights of action, under section 24, or who has given such notice
and has waived the same, receives a personal injury arising out of and in
the course of his employment, he shall be paid compensation by the insurer,
as hereinafter provided, if his employer is au insured person at the time of
the injury.
Seo. 27. Willful misconduct.—If the employee is injured by reason of his
Serious and willful misconduct, he shall not receive compensation.
Srco. 28. Double compensation.—If the employee is injured by reason of the
serious and willful misconduct of an insured person or of any person regularly
Ini rusted with and exercising the powers of superintendence, the amounts of
compensation hereinafter provided shall be doubled. In such case the insured
shall repay to the insurer the extra compensation paid to the employee. If a
claim is made under this section the insured may appear and defend against
such claim only.
S k c . 29 (as amended 1.923, eh. 163; 1924, ch. 207). Waiting time.—No com
pensation shall be paid for any injury which does not incapacitate the employee
for a period of at least seven days from earning full wages, but if incapacity
extends beyond such period, compensation shall begin on the eighth day after
the injury, and if incapacity extends beyond a period of four weeks, com
pensation shall be paid from the day of injury. When compensation shall have
begun it shall not be discontinued except with the written assent of the
employee or the approval of the department or a member thereof: Provided,
That such compensation shall be paid in accordance with section 35 if the
employee in fact earns wages after the original agreement is filed.
Sec. 30. Medical, etc., aid.—During the first two weeks after the injury,
and. if the employee is not immediately incapacitated thereby from earning
full wages, then from the time of such incapacity, and in unusual cases, in
the discretion of the department, for a longer period, the insurer shall furnish
adequate and reasonable medical and hospital services, and medicines if needed.
The employee may select a physician other than the one provided by the
insurer; and in case he shall be treated by a physician of his own selection,
or where, in case of emergency or for other justifiable cause, a physician
other than the one provided by the insurer is called in to treat the injured
employee, the reasonable cost of his services shall be paid by the insurer,
subject to the approval of the department. Such approval shall be granted
only if the department finds that the employee was so treated by such physician
or that there was such emergency or justifiable cause, and in all eases that
the services were adequate and reasonable and the charges reasonable. In
any ease where the department, is of opinion that the fitting of the employee
with an artificial eye or limb, or other mechanical appliance, will promote his
restoration to industry, it may order that he be provided with such an
artificial eye. limb, or appliance at the expense of the insurer.
TEXT OF LAWS— MASSACHUSETTS
275
S e c . 31 (as amended 1022, ch. -102). Oompvnaation for death.—If death re
sults from the injury* the insurer shall pay the following dependents of the
employee wholly dependent upon his earnings for support at the time of his
injury compensation as follows: To the widow, so long as she remains un
married, .$16 a week if and so long as there are more than two children of the
employee who are under the age of 18, or over said age and physically or
mentally incapacitated from earning, $14 a week if and so long as there are
two such children, $12 a week if and so long as there is one such child, and $10
a week if and so long as there is no such child; and, if the widow dies, to such
children in equal shares, $16 a week if and so long as there are more than
three such children, $14 a week if and so long as there are three such children,
$12 a week if and so long as there are two such children, and $10 a week if
and so long as there is one such child; hut, if such widow remarries, live afore
said payments to her shall terminate, and the insurer shall pay each week to
each of such children, if and so long as there are more than five, his or her
proportionate part of $16, and shall pay to each of such children, if and so
long as there are five or less, $3 a week. The period covered by the payments
provided for by the foregoing provisions of this section shall not be longer than
400 weeks. When weekly payments have been made to an injured employee
before his death, the compensation under the foregoing ijrovisions of this sec
tion shall begin from the date of the last of such payments, but shall not con
tinue more than 400 weeks from the date of the injury.
In all other cases of total dependency, the insurer shall pay the dependents
of the employee wholly dependent upon his earnings for support at the time
of injury a weekly payment equal to two-thirds of his average weekly wages,
but not more than $10 nor less than $4 a week for a period of 500 weeks from
the date of the injury; but in no case shall the amount be more than $4,000.
If the employee leaves dependents only partially dependent upon his earnings
for support at the time of his injury, the insurer shall pay such dependents a
weekly compensation equal to the same proportion of the weekly payments for
the benefit of persons wholly dependent as the amount contributed by the em
ployee to such partial dependents bears to the annual earnings of the de
ceased at the time of his injury. When weekly payments have been made to
an injured employee before his death, the compensation under this paragraph
to dependents shall begin from the date of the last of such payments, but shall
not continue more than 500 weeks from the date of the injury.
Sec. 32 (as amended 1926, ch. 190). Dependent*.—The following persons shall
be conclusively presumed to be wholly dependent for support upon a deceased
employe*:
<«) A wife upon a husband with whom she lives at the time of his death, or
•from whom, at the time of his death, the department shall find the wife was
living apart for justifiable cau?e or because he had deserted her. The findings
of the department upon the question of such justifiable cause and desertion
shali be final.
(ft) A husband upon a wife with whom he lives at. the time of her death.
(v) Children under the age of 18 yenrs (or over said age if physically or
mentally incapacitated from earning) upon the parent with whom they are
living at the time of the death of such parent, there being no surviving depend
ent parent: Provided, That in case of the death of an employee who has at the
time of his death living children by a former wife or husband, under the age of
18 yenrs (or over said age, if physically or mentally incapacitated from earn
ing), said children shall be conclusively presumed to be wholly dependent for
support upon such deceased employee, and the death benefit shall be divided
beiween the surviving wife or husband and all the children of the deceased
employee in equal shares, the surviving wife or husband taking the same share
as a child. The total sum due the surviving wife or husband and her or his
own children shall be paid directly to the wife or husband for her or his own
use and for tho 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 iheir guardians or legal representatives for the benefit of such children.
(</) Children under the age of 16 years (or over said age but physically or
mentally incapacitated from earning) upon a parent who was at the time of
h»*s death legally bound to support, although living apart from such child or
children.
(r«) A parent upon an unmarried child under the age of 18 years: Provided,
That such child was living with the parent at the time of the injury resulting
in death.
276
WOBK.MEN’s COMPENSATION LAWS— UNITED STATES
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 thun one person wholly de
pendent the death benefit shall be divided equally among them, and persons
partly dependent, if any, shall receive no part thereof, and if there is 110 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 depend
ency.
S e c . 33 (as amended 1922, ch. 363). Burial expenses.—In ail cases the in
surer shall pay the reasonable expense of burial, not exceeding $150. If the
employee leaves dependents, such sum shall be a part of the compensation
payable, and shall to that extent shorten the period of paymenr.
Sec. 34. Total disability.—While the incapacity for work resulting from the
injury is total, the insurer shall pay the injured employee a weekly compensa
tion equal to two-tliirds of his average weekly wages, but not more than $16
nor less than $7 a week; and the period covered by such compensation shuli
not be greater than 500 weeks nor the amount more than $4,000.
Sbc. 35. Partial disability.—While the incapacity for work resulting from
the injury is partial, the insurer shall pay the injured employee a weekly
compensation equal to two-thirds of the difference between his average weekly
wages before the injury and the average weekly wages which he is able to
earn thereafter, but not more than $16 a week; and the amount of such
compensation shall not be more than $4,000.
Sec. 36. Schedule.—In case of the following specified injuries the amounts
hereinafter named shall be paid in addition to all other compen&ition:
(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, two-thirds
of the average weekly wages of the injured person, but not more than $10
nor less than $4 a week for a period of 100 weeks.
(b) For the loss by severance of either hand at or above the wrist, of either
fool- at or above the ankle, or the reduction to one-tenth of normal vision
in either eye with glasses, two-thirds of the average weekly wages of the
injured person for each hand or foot so severed, but not more than $10 nor
less than $4 a week for a period of 50 weeks.
(c) For the loss by severance at or above the second joint of two or more
lingers, including thumbs, of the same hand or of two o r more toes of the
t;ame foot, two-thirds of the average weekly wages of the injured person,
but not more than $10 nor less than $4 a week, for a period of 25 weeks, for
each hand or foot so injured.
(<1) For the loss by se\eranee of at least one phalange of a linger, thumb/
or toe. two-thirds of the average weekly wages of the injured person, but
not more than $10 nor less than $4 a week, for a period of 15 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 if the injury is such that the hand, foot,
thumb, linger, toe. or phalange is not lost but so injured as to be permanently
incapable of use.
Skc. 37. Second injuries.—Whenever an employee who has previously suf
fered a personal injury resulting in the loss by severance, or the permanent
incapacity, of one hand at or above the wrist or 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 the loss or permanent incapacity of a hand or
foot or the reduction to one-tenth of normal vision in an eye. by reason of a
personal injury for which compensation is required by this chapter, he, or his
dependent, if death results from the injury, shall be paid the compensation
provided for by sections 31, 32, 34, or 35 in the following manner:
One-half of such compensation shall be paid by the State treasurer from
the fund established by section 65 and the other half by the insurer, but
the additional compensation required by section 36 shall be paid by the
insurer.
S e c s . 38-44, 45 (as amended 1921. cli. 310). 46-48, 49 (as amended 1923, ch.
325). 50. 51. Payments; notice#; claim-.— [No saviugs or insurance of the
injured employee independent of this chapter may be considered in determining
compensation payments thereunder. In case of death, compensation is to be
paid to a legal representative, or, if none, to his dependents, or, if none, to the
TEXT OF LAWS— MASSACHUSETTS
277
person to whom payment of expenses for last sickness and burial are due.
Legul representatives are to make payments to the persons entitled thereto.
If 110 legal representative is necessary except for the purposes of this chapter,
the insurer must furnish or pay for the legal services rendered in connection
with the appointment, and the necessary exjxmses and compensation of such
representative, such payments to be in addition to the amounts paid in com
pensation. A guardian or next friend may appear in behalf of a minor or per
son mentally incompetent. No proceedings for compensation may be main
tained in the absence of notice to the insurer or insured as soon as practicable,
and claim made within six months after the injury or death, unless there is
physical or mental incapacity when the limitation dates from its lvmoval.
Notice must be in writing signed by the claimant or a person iu his behalf,
served personally or by registered mail on the employer or officer or agent.
Inaccuracies do not invalidate unless there was intention to mislead, and also
that the insurer wns in fact misled. Want of notice does not bar proceedings
if it appears that the insurer, insured, or agent had knowledge, or was not
prejudiced by such want of notice.
Injured employees must, if requested, submit to examination by a physician
furnished and paid for by the insurer or employer. The employer may have
his own physician present, but if not, then the insurer must file with the
department a copy of its physician’s report. Refusal to submit to examination
suspends and may forfeit compensation for the period.
No agreement of waiver is valid, and payments are not assignable or subject
to attachment or in any way liable for debts.
If weekly payments have continued not less than six months, commutation in
whole or in part to a lump sum may be provided for in unusual cases where
the parties agree and tho department deems it to be for the best interest of
the employee or hi3 dependents. The department may at any time provide for
lump-sum payments in case of a minor who 1ms received permanently dis
abling injuries, either partial or total.
Claims must be in writing, state the facts of the case, and be signed by the
claimant or some person in his behalf. The same rules as to invalidity and
failure to make claim apply as in the case of notice. In no case shall failure
to make a claim bar proceedings if the insurer has executed an agreement or
made payment of compensation as provided in this chapter. If questions involv
ing compensation are appealed to the supreme judicial court, and the award is
sustained, interest to the date of payment shall be paid on all sums due as
compensation. If the injured workman was of such age and experience that,
under natural conditions, his wage would bo expected to increase, such fact
ni«y be considered in determining the weekly wages.]
Skcw. 52 (as amended 1025, eh. 267), 58, 54 (repealed), 55 (as amended 1028,
ch. 130). 50-65. Inxurancc companies.— rAuthorized insurance companies, insur
ing compensation under this chapter, must file with the commissioner of
insurance the classifications of risks and premiums, as well as subsequent
changes which shall not be effective until approved; such approval may be
withdrawn. Mutual companies may classify risks with the approval of tho
commissioner of insurance, but all the funds of the company, both actual and
contingent, must be available for the payment of any claim against tho
company.
Policies of insurance may not be issued until a copy has been filed with the
commissioner of insurance at least 30 days prior thereto, unless sooner ap
proved by the commissioner in writing; but polices issued in violation of the
provisions of this act are binding upon the company issuing it.
Two or more insurance companies may unite in issuing joint and several
policies, subject to the approval of the commissioner of insurance, under
provisions of these sections relating to security by deposits with the State
treasurer or the furnishing of a bond by foreign insurance companies. Com
panies insuring liability under this chapter must, at the request of the depart
ment, furnish it in writing any information required in connection with the
administration of the chapter, including statistic?; and names of all employers
insured by them. Reasonable rules and regulations for the prevention of
injuries must be made by the insurer, who has access to the premises of insured
persons for purposes of inspection during regular working hours; any grievance
of employers or employees in respect of such rules may be referred to the
department of labor.
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WORKMEN'S COUPiiXSATIOK LAWS— UNITED STATES
For every ease of personal injury resulting in death without dependents, the
insurance company must pay into the treasury of the State the sum of $100,
to constitute a special fund to provide the benefits contemplated by section 37.1
Six’s. (KS-GS. Action,* at lair. - [In fictions a/rainst an employer for injury or
death, the common-law defenses are not available, but this rule does not apply
ih cases of domestic servants and farm laborers nor to actions for injuries
received by employees of an insured person.* The provisions of chapters 153
and 229 (relating to actions at law for injuries and death) do not apply in the
rase of employees of an insured employer nor to public employees subject to
Mv.-tiens <>9 to 75 below.]
Sr.cs. 09 (as amended 1924, eli. 434), 70-75. Public employees.— [The State
and any subdivision having the power of taxation, which has accepted the
provisions of the compensation law, must pay compensation in accordance with
the terms of thir. chapter. If the employee receives full maintenance in addito his wage.*, such maintenance shall be added to the wage on the basis
of $7 per week. Procedure in cases of public employees is the same as for
( mployees of private employers. No liability for injury or death attaches in
an action unless the employee has made an election to reject the act,, which
nu;y l*c waived as in the case of a private employee. If a public employee
entitled to compensation is also entitled to a pension by reason of the same
injury, he must elect whether he will receive such compensation or such pension
and may not lake both. If the pension is allowed by a special act, claim for
e<;i!ip*nsation is forfeited, and any payments made either of benefits or for
medical or hospital services may be recovered back in an action at law. All
employees paid by the Commonwealth, but serving on boards or commissions,
a so dtemed employees of the State and within the provisions of this chapter.
Hoards, commissions, and departments of the Commonwealth employing
laborers aiul municipalities of the State must appoint agents to represent
them respectively in furnishing the benefits due; this provision does not apply
n* counties, cities, towns, and districts which have provided insurance for the
payment of compensation provided by this chapter.]
MICHIGAN
FIRST EXTRA SESSION—1012
A ct No. 10.—Compensation of workmen for injuries
Paut
I
Sections 1-4. Defenses; election.— [The common-law defenses are abrogated
in actions by employees for personal injury, except household domestic servants
and farm laborers. But these provisions do not affect employers who accept
the compensation provisions of this act, nor are such employers subject to any
other liability than for the compensation provided except as to employees
rejecting the act.]
Sec. 5 (as amended 1913, No. 50). Who are employers.—The following shall
constitute employers subject to the provisions of this act:
1. The State and each county, city, township, incorporated village, and school
dist rict 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 public-service
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 mauner 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.
Sec. 0 (as amended 1919, No. 04). How election made.— [Employers clect by
written statement filed with the industrial accident board, setting forth the
method of insurance adopted, subject to the approval of the board. Election
is for terms of one year, continuing unless at least 30 days prior to the expira
tion thereof notice of withdrawal is given. Notice of election must be con
spicuously posted. Such election is to be held to cover all lines of the
employer’s business and all his employees, and unless self-insurance is per
mitted, the employer must insure his liability as in the act provided.]
Sec. 7 (as amended 1919, No. 04; 1921, No. 178). Who are employees.—The
term “ employees ” 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, under any appointment, or con
tract of hire, express or implied, oral or written, except any official of the
State, or of any county, city, township, incorporated village, or school district
therein, elected at the polls: Provided, That one employed by a contractor who
has contracted with a county, city, township, incorporated village, school dis
trict, or the State, through its representatives, shall not be considered an
employee of the State, county, city, township, incorporated village, or school
district which made the contract, when such contractor is subject to this act:
Provided, however, That policemen or firemen or employees of the police or fire
departments, or their dependents, in municipalities or villages of this State
having charter provisions prescribing like benefits, may waive the provisions
of this act and accept in lieu thereof such like benefits as are prescribed in
such charter, but shall not be entitled to like benefits from both: And provided
further, That nothing contained in this act shall be construed as limiting,
changing or repealing any of the provisions of any charter of any municipality
or village of this State relating to any benefits, compensation, pensions or
retirement, independent of this act. provided for employees as hereinbefore
defined.
2. Every person in the service of another uudcr any contract of hire, express
or implied, oral or written, including aliens (including working members of
partnerships, receiving wages irrespective of profits from such), and also in
cluding 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.
279
280
■w o r k m e n ' s COMPENSATION LAWS— UNITED STATES
S«:c. 8. Employees subject to the act.— [Employees as defined in subdivision
1 of the above section are under the act; also as defined in subdivision 2
If the employer is under the act, whether the employee has actual notice thereof
or not, unless he gives notice in writing of his rejection of the act. Such re
jection may be waived on five days* notice.]
Svxj. 9 (added 1917, No. 249). Investigation of act.— [The governor may
appoint a commission to investigate and report on the workings of this act if
in his opinion its provisions are unfair to either employees or employers.]
Sec. 10 (added 1921, No. 173). Contractors and subcontractors.— (a) Where
any employer subject to the provisions of this act (in this section referred
to as the principal) contracts with any other person (in this seciton referred
to as the contractor) who is not subject to this act and who docs not become
subject to this act prior to the dato of the accidental injury or death for
which claim is made 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 any
compensation under this act which he would have been liable to pay if that
workman had been immediately employed by him; and where compensation
is claimed from or proceedings are taken against the principal, then, in the
application of this act, reference to the principal shall be substituted for refer
ence to the employer, except that the amount of compensation shall be calcu
lated with reference to the earnings of the workman under the employer by
whom he is immediately employed: Provided, That the term “ contractor ” shall
be deemed to include subcontractors in all cases where the principal gives per
mission that the work or any part thereof be performed under subcontract;
(b)
Where the principal is liable to pay compensation under this section he
shall be entitled to be indemnified by the contractor or subcontractor as the
case may be, but the employee shall not be entitled to recover at common
law against the contractor or any other person for any damages arising from
such injury if he takes compensation from such principal. The principal, in
case he pays compensation to the employee of such contractor, may recover the
amount so paid in an action against such contractor.
P art II
Section 1. Who may 'receive compensation.— If an employee who has not
given notice of his election not to be subject to the provisions of this act, as
provided in part 3, section 8, or who has 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 who is at the time of such
injury subject to the provisions of this act, he shall be paid compensation 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.
Sec. 2. Willf ul misconduct.—If the employee is injured by reason of his inten
tional and willful misconduct, he shall not receive compensation under the pro
visions of this act.
Skc. 3 (as amended 1919, No. 64). Waiting time.—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 ex
tends 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 or if death results from the injury, compensation shall
be computed from the date of the injury.
Sec. 4 (as amended 1919, No. 64). Mcdieal. etc., aid.—During the first 90
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.
Sec. 5 (as amended 1919, No. 64). Death.— If death results from the injury,
the employer shall pay, or cause to be paid, subject, however, to the provisions
of section 12 hereof, in one of the methods hereinafter provided, to the depend
ents of the employee, wholly dependent upon his earnings for support at the
time of the injury, a weekly payment equal to 60 per cent of his average weekly
wages, but not more thau $14 nor less than $7 a week for a period of 300 weeks
from the date of the injury. If the employee leaves dependents only partly
dependent upon his earnings for support at the time of his injury, the weekly
TEXT OF LAWS— MICHIGAN
281
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 BOO weeks from the date of the injury.
Sec. 0 (as amended 1919, No. 64). Dependents.—The following persons 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 because he had de
serted her;
(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 16 years (or over said age, if physi
cally or mentally incapacitated from earning) upon the parent with whom he is
or they are living at the time of the death of such parent: Provided, That in
the event of the death of an employee who has at the time of his or her death,
a living child or children by a former husband or wife, under the age of 16
years (or over said age, if physically or mentally incapacitated from 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 his 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 con
tinue, the industrial accident board shall find that the surviving wife or hus
band 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 deceased employee shall be
paid to their guardians or legal representatives for the use and benefit of said
child or children. In all other cases questions of dependency, in whole or in
part, shall be determined in accordance with the fact, as the fact may be at
the time of the injury. Where a deceased employee leaves a person or persons
wholly dependent upon him or her for support, said person or persons shall
be entitled to the whole death benefit and persons partly dependent, if any, shall
receive no part thereof, while said persons wholly dependent are living. Ail
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 de
pendent, such person shall be entitled to compensation according to the extent
of his dependency; and if there is more than one person partly dependent, the
death benefit shall be divided among them according to the relative extent 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.
Sec?. 7. Determination of dependency.—Questions as to who constitute de
pendents 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 dependent or dependents entitled thereto or their legal
guardians or trustees. In case of the death of one such dependent his pro
portion of such compensation shall be payable to the surviving dependents
pro rata. Upon the death of all such dependents compensation shall cease.
282
WORKMEN’s COMPENSATION LAWS— UNITED STATES
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.
S kc . 8 (as amended 1919, No. 64; 1921, No. 173). Burial expenses.—If death
results from the injury, the employer shall pay or cause to be paid as here
inafter provided in addition to the indemnity paid to dependents tho reason
able expense of his last sickness and burying, which shall not exceed $200,
in addition to any sum the employer may be required to pay under the pro
visions of section 4 of part 2 of this act.
Sec. 9 (as amended 1919, No. 64; 1921, No. 173). Total disability.— While
the incapacity 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 60 per cent of his average weekly wages, but
nor more than $14 nor less than $7 a week; and in no case shall the period
covered by such compensation be greater than 500 weeks from the date of
the injury, nor shall the total amount of all compensation exceed $7,000.
Sec. 10 (as amended 1919, No. 64). Pai*tial disability; schedule.—While
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 em
ployee a weekly compensation equal to 60 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 $14 a week; and in
no case shall the period covered by such compensation be greater than 500
weeks from the date of the injury. In cases included by the following
schedule the disability in each such case shall be deemed to continue for the
period specified, and the compensation so paid for such injury shall be as
specified therein, to w it:
For the loss of a thumb, 60 per cent of the average weekly wa#es during
60 weeks.
For the loss of a first finger, commonly called index finger, 60 per cent
of average weekly wages during 85 weeks.
For the loss of a second finger, 60 per cent of average weekly wages during
30 weeks.
For the loss of a third finger, 60 per cent of average weekly wrages during
20 weeks.
For the loss of a fourth finger, commonly called the little finger, 60 per
cent of average weekly wages during 15 weeks.
The loss of the first phalange of the thumb, or of any finger, shall be con
sidered to be equal to the loss of one-half of such thumb or finger, and com
pensation 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, 60 per cent of average weekly wages during
30 weeks.
For the loss of one of the toes other than a great toe, 60 per cent of average
weekly wages during 10 weeks.
The loss of the first phalange of any toe shall be considered to be equal
to the loss of one-half of such toe, and compensation shall be one-half of
the amount above specified.
The loss of more than oue phalange shall be considered as the loss of
the entire toe.
For the loss of a hand, 60 per cent of average weekly wages during 150
weeks.
For the loss of an arm, 60 per cent of average weekly \vages during 200
weeks.
For the loss of a foot, 60 per cent of average weekly wages during 125
weeks.
For the loss of a log, 60 per cent of average weekly wages during 175
weeks. ,
For the loss of an eye. 60 per cent of average weekly wages during 100
weeks.
TEXT OF LAWS— MICHIGAN
283
Tlie 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 9.
The amounts specified in this clause are all subject to the same limitations
as to maximum and minimum as above stated.
Sfx;. 11 (as amended 1917, No. 41). Computation of wages.— (<?) The term
*•average annual earnings ” as used in this act is defined to be fifty-two times
the average weekly wages of the employee as arrived at according to the pro
visions of this section.
( b) The term “ average weekly wages” as used in this act is defined to
be six times the daily wage, salary, or emolument which the injured employee
is earning at the time he suffers the accidental injury.
(c) In cases where it is impossible to ascertain the exact daily wage, salary,
or emolument the injured employee is earning at the time he suffers the acci
dental injury, such daily earnings shall be taken and held to be for all the
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 gr most similar employment in the same or neighbor
ing locality shall most nearly approximate the daily earnings of the said
injured employee at thte 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 product so obtained shall be
for all the purposes of this act taken and held to be the average weekly wages
of such employee.
(d) The fact that an employee has suffered a previous disability or received
compensation therefor shall not preclude compensation for the later injury
or 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 shall be arrived at
according to and subject to the provisions of this section.
(e) The weekly loss in wages referred to in this act shall consist 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 pro
portionate extent of the impairment of his earning capacity in the employ
ment 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.
Skc. 12 (as amended 1919, No. 64). Death while receiving compensation__
The death of the injured employee prior to the expiration of the period within
which he would receive sucli weekly payments shall be deemed to end such
disability, and all liability for the remainder of such payments which he
would have received in case he had lived shall be terminated, but the employer
shall thereupon l>e liable for the following death benefits in i*»u 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 part’ally dependent on him for support, the death benefit shall be
v sum sufficient, when added to the indemnity which shall at the time of death
Lave been paid or become payable under the provisiona of this act to such
deceased employee, to make the total compensation for the injury and death
exclusive of mcdical, surgical, and hospital services and med’cines furnished,
as provided in section 4 hereof, equal to the full amount which such depend
ents would have been entitled to receive under the provisions of section 5
hereof, in ease 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 5.
Seo. 13 (as amended .1921, No. 173). Insurance, clc.. of employee#.—No
savings or insurance of the injured employee, nor any contribution made by
h'm to any benefit fund or protective association independent of this act, shall
be taken into consideration in determining the compensation to be paid here
under, nor shall benefits derived from any other source than thoso paid or
caused to bo paid by Ihe employer as herein provided, be considered in fixing
1965°—26------19
w o r k m e n 's
COMPENSATION LAWS----UNITED STATES
tbo coui^i.saiion under this act. except as provided in subsection 1 of section
7. part 1.
tfw:. 34. Incompetence.—If an injured employee is mentally incompetent or
is a minor at the time wlicn any right or privilege accrues to him under this
act, iiio guardian or next friend may in his behalf claim and exercise such
right or privilege.
Slo. 15 (as amended 1019, No. C4). Notice and claim.—No proceedings for
<v>ui>cn.siitioii f u r an injury under this act shall l>e maintained, unless a notice
of the injury shall have been given to the employer within three months after
the bn opening thereof, ami unless the claim for compensation with re^pest
to m u'Jli injury, which claim may be either oral or in writing, shall have been
ji^de \nirliin six months after the occurrence of the same; or, in ease of the
6‘i.Mh of the employee, within six mon thy after said death; or, in the event of
his physical or mental incapacity, within the first six months during which
tl*;* injured employee is not physically or mentally incapacitated from making
a claim: Provided, however, That in all cases in which the employer has bemi
given notice of the injury, or has notice or knowledge of the same within
three months alter the happening thereof, but tlui actual injury, disability,
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 sul&equent to six mouths 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 appsireut 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 provided further, That any time during which an injured
employee shall be prevented by reason of his physical or mental incapacity
from making a claim shall not be construed to be any part of the six months’
limitation mentioned in this section: And provided f arther, 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 accident, within throe
months after the happening of the 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 dependents, 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.
Secs. 16-18. Form of iwtiec; service.— [Notices must be in writing, signed
by a claimant or a person in his behalf. Inaccuracies without intention to mis
lead and in fact misleading do not invalidate. Want of such written notice is
not a bar to proceedings if it is shown that the employer had knowledge of the
injury. Service may be personal or by registered mail.]
Sec. 19. Mcdical examination.— [After an employee has given notice, he
must, on request of his employer, the insurance carrier, or the commissioner
of insurance, submit to a medical examination at which a physician employed
by him may also be present. Refusing or obstructing examination suspends
benefits, which may be forfeited for the period of suspension. Both physicians
may be required to testify under oath.]
Sec. 20 (as amended 1921. No. 173). Waiver.—No agreemeut by an employee
to waive his rights to compensation under this act shall be valid except that
employees or their dependents as uelined in subsection 1 of section 7. part 1,
may, after injury only, elect as provided in subsection 1 of section 7. part 1.
Skc. 21. Assignments, etc.—No payment under this act shall be assignable or
subject to attachment or garnishment, or to be held liable in any way for any
debts. In case of insolvency every liability for compensation under this act
shall constitute a first lien upon all the property of the employer liable there
for. paramount to all other claims or liens except for wages and taxes, and
such liens shall l>e enforced by order of the court.
Skc. 22. Lump sum payments.—Whenever any weekly payment has been con
tinued for not less than six months, the liability therefor may be redeemed by
the 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 time direct in
any case, if special circumstances be found which in its judgment require the
same, that the deferred p.;yntents be commuted on the present, worth thereof at
5 per cent per annum to one or more lump sum payments, and that such pay
ments shall be made by the employer of the insurance company carryiug such
risk, or commissioner of insurance, as the case may be.
TEXT OJf LAW'S— MICHIGAN
285
Sec. 23 (as amended 1913, No. 50). Pay mentis by public boards and com
missions.— [Compensation paid by public boards and commissions is to be
treated as a part of the necessary operating expenses thereof, and the sums
required therefor obtained as other moneys for their use authorized by law.]
P art I I I
[The administration of the act was originally committed to an industrial
accident board, but by act No. 43, acts of 1921, creating a department of
labor and industry, the duties of such board were transferred to the depart
ment thereby created. The department is to be administered by a commission
of three members appointed by the governor with the advice and consent
of the senate to hold office until the appointment and qualification o f their
successors. Salaries are $4,000 each. The powers and duties of the industrial
board, thus transferred, and procedure under the act are summarized below.]
Sections 3 (as amended 1921, No. GO), 4. Rules; forms and records.— [The
board may make suitable rules, administer oaths, subpoena witnesses, and
require the production of books and records. Witnesses refusing to testify
may be punished for contempt on application to a circuit court. Process
and procedure are to be as summary as reasonably may be. Forms and
blanks are to be supplied by the board and records kept of its proceedings.
The board also requires notice of elections and rejections of the act.]
Si:cs. 5, 6. and 7 (as amended 1919, No. 64; 1921, No. 60), 8 (as amended
1919, No. 64), 9. 10, and 11 (as amended 1921, No. 60), 12, 13, 14 (as amended
1921, No. 60). Procedure.— [In case the parties agree as to the compensation
to be paid in case of injury, the agreement is to be filed with the board; and
if approved by it, is final and binding. If the parties fail to agree, they may
notify the commission of the fact, which shall thereupon set the case for a
hearing to be conducted by a member or deputy member of the board designated
for that purpose and known as a committee of arbitration. Such investigations
as are deemed necessary may be made with hearings to be held in the locality
where the injury occurred. The decision of the committee filed with the indus
trial accident board stands as a decision of the board unless a claim for review
is submitted within 10 days. Additional time for review may be allowed for
cause shown. The board, or a member, may appoint a physician to examine
the injured employee, the fee allowed to be $5, though additional amounts
are allowable in extraordinary cases. Costs are to be fixed by the board and
paid by the State. The fees of attorneys and physicians are subject to
the approval of the board, which may hold a hearing in ease of disputes as
to their amount. If a claim for review is filed, it shall be held promptly,
the evidence to be examined, together with such additional evidence as the
board may allow. The findings of fact made by the board acting within its
powers are conclusive in the absence of fraud, but questions of law may be
reviewed by the supreme court on application made within 30 days. If a
certified copy of a decision of the board approving the agreements of settle
ment, or of a decision of the committee of arbitration not appealed from, is
presented to the circuit court of the county, it shall without notice render
judgment in accordance therewith against the employer and the insurance
carrier carrying his risks; this judgment, unless set aside, has the same
effect as a judgment of the court. Any weekly payment under the act may
be reviewed on the request of a party in interest and modified according
to the facts found; but if the review is made by a member or deputy member,
either party may appeal from the decision to the full board within 30 days
from the filing of the decision with the board.]
Sec. 15. Injuries by third parlies.—Where the injury for which compensa
tion is payable under this act was caused under circumstances creating a legal
liability in 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 i? 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 of such other person.
Sec. 16. Settlement of disputes.—All questions arising 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.
286
W O B K M E X ’ s COMPENSATION LAWS— UNITED STATES
S.cc. 17 (as amended 1010, No. 04 >. Records, reports, agreements.— [Em
ployers are required lo lseey records of all injuries received by their employees
in the course of their employment, a report to be made to the industrial board
on the eighth day after the occurrence of the accident. If the disability has
terminated at the tiiue of such report it is to give complete data as to the
employee, his injury, date of return to work, medical, etc.. expenses, arid such
other information as the board may require. If such injury develops later
into a compensable accident, report of the fact is to be made when it is
discovered.
Where compensation is payable a report is to be made on the eighth day,
presenting details as to the injury, the employee, his dependents, wages, and
other items, complete detail being prescribed. An agreement is likewise to be
prepared and signed by the employer and presented to the employee, relative to
the compensation to be paid. Such signed agreement is to be forwarded to the
board on or l>efore the fourteenth day after the accident, the first payment to
be made at the end of one week after the compensation period begins to run
and continue weekly during the term for which compensation is payable.
In case of fatal injuries a report in like detail is to be forwarded and an
agreement to pay compensation prepared, signed, and forwarded with the
signature of the dependents entitled to benefits. An employer's refusal or
neglect, to carry out these requirements after he has notice or knowledge of an
accident is punishable by fine, and neither he nor his insurer may raise the
defense of the statute of limitations contained in section 15 of Part II of the
act.]
Sec. 18 (as amended 1910, No. 64). Assistant secretary.—The board may ap
point an assistant secretary at a salary of not more than $2,000 a year to be
paid as other State employees are paid.
Sro. 19 (as amended 1921, No. 173). In juries outside &tate.—The industrial
accidcnt board shall have jurisdiction over all controversies arising out of
injuries suffered without the territorial limits of this State, in those cases
where the injured employee is a resident of this State at the time of the injury,
and the contract of hire was made in this State, and any such employee or his
dependents shall be entitled to the compensation or dentil benefits provided by
this act.
Skc. 20 (as amended 1921. No. GO). Deputies.— [The board may. with the
approval of the State administrative board, appoint and fix the salaries of a
sufiicient number of deputies to enable it to administer the act efficiently, such
deputies to have power to conduct investigations, hold hearings, etc.]
P art
IV
Sections 1 (as amended 1939. No. 04). 2-4. {Security of payments.— [Em
ployers accepting the act may specify, subject to the approval of the board,
which method for the payment of compensation they wish to adopt. Four
alternatives are offered: First, self-insurance; second, insurance in any author
ized employer’s liability company; third, insurance in an employers insurance
association organized under laws of the State; and fourth, insurance in a State
fluid administered by the commissioner of insurance.
Policies must provide for a complete coverage, for the direct payment of
benefits to persons entitled thereto, for the furnishing the medical and surgical^
etc., aid prescribed by the law, and for expenses of last sickness and burial.
The company must agree to file with the industrial accident board. 10 days in
advance, notice of the termination or cancellation of any contract or policy.
Any provision of a policy in conflict with the law is declared null and void.
The provisions above set forth are to be printed upon or attached to the
insurance contract, and any inconsistent act or provision is of no effect. Exist
ing contracts for sickness, accident, or death benefits are not affected, but the
liability fixed by this act may not be reduced while in such scheme. Payment
in whole or in part of compensation by either the employer or the insurer is a
bar to that extent of any recovery against the other.
All contracts of insurance for compensation are deemed to be made subject
to the provisions of this act. Any employer who i-* liable for compensation
payments may. with the approval of the board, deposit the present value of the
total unpaid amount, interest being computed at H per cent per annum, with a
designated tru^t company, or he may purchase an annuity within the limits
provided by law in a designated insurance company, such action to relieve him
of further liability under the act.]
TEXT OF LAWS— MICHIGAN
Part
287
V
A D M IN ISTR A TIO N BY COMMISSIONER OF IN SU R AN CE
S e c t i o n 1 (as amended 1015, No. 153). Collection of premiums.—Whenever
five or more employers who have become subject to the provisions of tliis act
and who have on their pay rolls an aggregate number of not less than 3,000
employees shall in writing request the commissioner of insurance so to do, he
shall assume charge of levying and collecting from them such premiums or
assessments as may from time to time be necessary to pay the sums which
shall become due their employees or dependents of their employees as compen
sation 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 en
titled to receive such compensation under the provisions of this a ct: Provided,
hoircver, That neither the commissioner of insurance nor the State of Michigan
shall become or be liable or responsible for the payment of claims for compen
sation under the provisions of this act beyond the extent of the funds so col
lected and received by him as hereinafter provided.
Sec. 2 (as amended 1015, No. 153). Administration of fund.—-The commis
sioner of insurance shall immediately upon assuming the administration 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 commissioner shall deem necessary to pay the
compensation accruing under this act to employees of such employers or to
their dependents, and also the expense of the administration of said accident
fund, which premiums and assessments shall be levied in the manner and pro
portion hereinafter set forth. There shall be maintained in said accident fund
a sufficient amount of cash to pay current losses and expenses, and the balance
may be invested by the commissioner of insurance and the State treasurer
acting together in such securities as are specified in section 4 of act No. 77 of
the public acts of 18(59 for deposit by insurance companies with the State
treasurer. All such securities shall l>e purchased and may be sold at such
time, in such manner, and in accordance jyitli such rules and conditions as may
be prescribed and required by the joint action of said insurance commissioner
and State treasurer: Provided, however, That no such investment shall be made
nor any securities sold or disposed of except by and with the consent ancl
approval in writing of the board of State auditors. The commissioner of insur
ance shall give a good and sufficient bond in the sum of $25,000, executed by
s<»me surety company authorized to do business in the State of Michigan, cover
ing the collection and disbursement, of all moneys that may come into his hands
und^r the provisions of this act. The premium on said bond shall be paid out
of the general funds of the State on an order of the auditor general. Said bond
must be approved by the board of State auditors.
Sw. 3. Premium rates.—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 read
justment from time to time by the commissioner of insurance as may become
necessary.
Skc. 4 (as amended 19.15, No. 153). Classification.—The commissioner of in
surance may classify the establishments or works of such employers in groups
in accordance with the nature of the business in which they are engaged and
the probable risk of injury to their employees under existing conditions. He
shall determine the amount of the premiums or assessments which such em
ployers shall pay to said accident fund, and may prescribe when and in what
manner such premiums and assessments shall be paid, and may change the
amount thereof both in respect to any or all of such employers from time to
time, as circumstances may require, and the condition of their respective plants,
establishments, or places of work in respect to the safety of their employees
may justify, but all such premiums or assessments shall be levied on a basis
that shall be fair, equitable, and just as among such employers.
Skc. o (as amended 1915, No. 153). Default in payment of assessments.—All
premiums or assessments shall be due and payable within 45 days from the
date on which the insurance became effective, and formal demand for the
payment of such premium shall be made within 30 days from said date. If
any employer shall make default in the payment of any contribution, premium,
or assessment required as aforesaid by the commissioner of insurance, the
288
w o r k m e n 's co m p en sa tio n LAWS— UNITED STATES
insurance of such employer shall become void and the sum due for the period
Insured shall bo collected by an acrion at Jaw in Hie name of the Stale as
plaintiff and such right of action shail be in addition to any other right of
action or remedy. In cose any injury happens to any of the workmen of such
employer after the default in the payment of any such premium, assessment, or
contribution, the defaulting employer shall r.o*. if such default lie 15 days a Her
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.
Sjscs. (> (as anu tided 1015, No. 153). 7, 8 (as amended r>15. No. 153), 0 (as
amended 1917. No. 200), 10 (os amended 1915. No. 133), 11 (as amended 1915,
No. 153), 12 (as amended 15)19. No. 110), 13 (added 31)17, No. 200), 14 (added
1921. No. 180). General provisions as 1o fund.— [Employers who have complied
with tho rules adopted by the commissioner of insurance as to insurance in
the State fund are ro be furnished with a certificate valid for one year follow
ing such fact. Disputes betweeu the commissioner of insurance and an em
ployer as to rules or decisions in respect of the collection, administration, and
disbursement of the funds, or disputes affecting employees are to be settled
as other disputes under the act where insurance is otherwise affected.
The books and pay rolls of employers insured in the State fund are to be
open to inspection, and penalties are provided for refusal to submit or for
knowingly submitting false statements for the purpose of securing a lower
premium charge. Receipts are to be issued for all money received from em
ployers or paid to employees for compensation. Necessary deputies, clerks,
etc., may be employed and annual report* made as to the administration fund,
its financial statement, outstanding obligations and general statistics of busi
ness transacted. Payments to employees are to be made only on certificate
of the commissioner of insurance. Provision is made for the contingency
of repeal or dissolution of the fund. Meetings are to be called annually of
the employers contributing to the accident fund, at which an advisory board
of 15 members is to be selected, such board to advise with the commissioner
as to the administration of the fund.
By an act of 1921, the duties and powers of the commissioner of insurance
In respect of the administration of the accident fund created by Part V w**s
transferred to and vested in the State administrative board, and reference
to the commissioner of insurance is to be understood as reference to such
board.]
Part VI
Sections 1-0. Miscellaneous provisions.— {These provide that tho filing of a
claim or accepting payments under the act relieve the employer of all other
claims or demands at law on account of the injury; for a suspension of limi
tations if the act is repealed or declared unconstitutional; that prior causes
are not affected; and that Part V, relating to the State fund, is a severable
portion of the act, any declared uneonsritutionality of which would not affect
the remainder of the act. A provision as to interstate commerce is as follows:]
S ec . 4. Interstate commcree.—The provisions of this act shall apply to em
ployers and workmen engaged in intrastate commerce, aiul also to those en
gaged 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
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 provisions of this act in like manner and with
the same force and effect in all respects as is hereinbefore provided for other
employers and their workmen.
ACTS OF 1913
Act No. 3S8.—Insurance of State employees
[This act provides for the payment into the State accident fund by the
various departments and institutions of the State of the premiums fixed by
the commissioner of insurance for benefits to their employees, other than
medical and hospital services, which each State institution is to pay for out
of its current expense fund.]
MINNESOTA
ACTS OF 1921
Chapter 82.—Compensation of workmen for injuries
Past I
Compensation by action at law
Sections 1-7. Employers' liability.— [These sections embody a liability stat
ute, based on negligence, recovery of damages to be by a suit at law. If an
employer other than an employer of farm labor rejects part 2 of this act, he
is liable as herein provided with the common-law defenses abrogated. If
the employer accepts and the employee rejects and brings suit, the defenses
remain.]
Past II
Elective compensation
Section 8 (as amended 1923, ch. 300). Excluded employments; farm labor.—
This act shall not be construed or held to apply to any common carrier by
steam railroad, domestic servants, farm laborers, or persons whose employment
at the time of the injury is casual, and not in the usual course of the trade,
business, profession, or occupation of his employer: Provided, That part 2 of
this act shall apply to farm labor if the employer shall have elected to accept
the provisions of such part 2 by posting a written or printed statement of his
election and filing a duplicate thereof with the industrial commission as pro
vided by section 11 of this act, before the accident occurs to an employee, for
which damages or compensation may be claimed, unless the employee shall
signify his election, as provided by section 11 of this act, not to accept or be
bo and by the provisions of this act, in which case said part 2 shall not apply:
And provided further, That either party may terminate his acceptance or elec
tion not to accept the provisions of part 2 of this act as provided by section
12 hereof.
Sec. 9. Compensation payable when.—If both employer and employee shall,
by agreement expressed or implied, or otherwise, as herein provided, become
subject to part 2 of this act, compensation according to the schedules herein
after contained shall be paid by every such employer, in every case of personal
injury or death of his employee, caused by accident, arising out of and in the
course of employment, without regard to the question of negligence, except acci
dents 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. It is hereby made the duty of
all such employers to commence payment of compensation at the time and in
the manner prescribed by part 2 of this act without the necessity of any
agreement or order of the commission, payments to be made at the intervals
when the wage was payable as nearly as may be. No agreement by any
employee or dependent to take as compensation an amount less than that
prescribed by law shall be valid.
S e c . 10. Method exclusive.—Such agreement or the election hereinafter pro
vided for shall be n surrender by the parties thereto of their rights to auy
other method, form, or amount of compensation or determination thereof than
as provided in part 2 of this act, and an acceptance of all the provisions of
part 2 of this act. and shall bind the employee himself, and for compensation
for his death shall bind his personal representative, the surviving spouse and
the next of bin, as well as the employer, and those conducting his business dur
ing bankruptcy or insolvency, for compensation for death or injury, as pro
vided for by part 2 of this act.
289
290
WORKMEN’ s COMPENSATION LAWS— UNITED STATES
S e c s . 11 (sis amended 1923, ch. 300), 12, 13. Election; minors.— [The provi
sions of this act as to compensation are presumed to have been accepted
unless otherwise expressly stated in the contract of employment, a copy of
such contract to be filed with the industrial commission, or unless written or
printed notice has been given by either party to the other of rejection of the
act. A rejecting employer must conspicuously post a notice to that effect in
his establishment, and the employees rejecting are required to notify the
employer in writing. Forms of notice are prescribed by the commission.
Acceptance or rejection may be terminated on 30 days' written notice to the
opposite party, a duplicate to be filed with the industrial commission, and the
time does not begin to run until such filing. Minors legally employed have the
same power to make election, severance, etc., under the act as adults, subject
to the power of the commission, in its discretion to require the appointment of
a guardian to make settlements and receive compensation benefits.]
S ec . 14 (as amended 1923, ch. 408; 1925, clis. 161, 219). Temporary disabil
ity.—Following is the schedule of compensation: (a) For injury producing
temporary total disability, 66% per cent of the daily wage at the time of injury
subject to a maximum compensation of $20 per week and a minimum of $8
per week: Provided, That if at the time of injury the employee receives wages
of $8 or less per week, then he shall receive the full amount of such wages per
week. This compensation shall be paid during the .period of such disability
not, however, beyond 300 weeks, payment to be made at the intervals when the
wage was payable, as nearly as may bo.
(b) In all cases of temporary partial disability the compensation shall be
66% per cent of the difference between the* daily wage of the workman at the
time of injury and the wage he is able to earn in his partially disabled condi
tion. This compensation shall be paid during the period of such disability,
not, however, beyond 300 weeks, payment to be made at the intervals when the
wage was payable as nearly as may be and subject to the same maximum as
stated in clause (a).
(c) For the permanent partial disability from the loss of a member, the
compensation during the healing period to be determined by the commission,
but not exceeding 15 weeks, shall be 66% per cent of the difference between
the daily wage of the workman at the time of injury and the wages he shall
be able to earn, if any, in his partially disabled condition, unless on application
to the industrial commission, made in the same manner as provided in section
19 for additional medical service, the period is extended by the commission for
not to exceed an additional 10 weeks; and thereafter, and in additiou thereto,
compensation shall be that: named in the following schedule:
(1) For t»he loss of a thumb, 66% per cent of the daily wage at the time of
injury during 60 weeks.
(2) For the loss of a first finger, commonly called index finger, 66% per cent
of the daily wage at the time of injury during 35 weeks.
(3) For the loss of a second finger, 66% per cent of the daily wage at the
time of the injury during 30 weeks.
(4) For the loss of a third finger, 66% per cent of the daily wage at the lime
of the injury during 20 weeks.
(5) For the loss of a fourth finger, commonly called the little finger, 66%
per cent of the daily wage at the time of injury during 15 weeks.
(6) The loss of the first phalange of the thumb, or of any finger shall be
considered equal to the loss of one ha If of such thumb or finger, and compensa
tion shall be paid at the prescribed rate during one-half the time specified
above for such thumb or finger.
(7) The loss of one and one-half or more phalanges 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 tlie amount provided
in this schedule for the loss of a hand.
(8) For the loss of a great toe. 66% per cent of the daily wage at the time
of injury during 30 weeks.
(9) For the loss of one of the toes other than a greai toe. 60% per cent of
the daily wage at. the time of injury during 10 weeks.
(.10) The loss of the first phalange of any toe shall be considered to be
equal to the loss of one-lmlf of such toe, and compensation shall be p»id at
the prescribed rate during one-half the lime specified above for such tee.
(11)
The loss of one and one-half or more phalanges shall be considered as
the loss of the entire toe.
TEXT OF LAWS----MINNESOTA
291
(12) For the loss of a hand, not including the wrist movement, 66% per
cent of the daily wage at the time of injury during 150 weeks.
(13) For the loss of a hand, including the wrist movement, 66% per cent of
the daily wage at the time of injury during 175 weeks.
(14) For the loss of an arm, 6(5% per cent of the daily wage at the time of
injury during 200 weeks.
(15) Amputation of the arm below the elbow shall be considered as the loss
of a hand including wrist movement, if enough of the forearm remains to per
mit the use of an effective artificial member, otherwise it shall be considered
as the loss of an arm.
(16) For the loss of a foot, not including the ankle movement, 66% per cent
of the daily wage at the time of injury during 125 weeks.
(17) For the loss of a foot, including ankle movement, 66% per cent of the
daily wage at the time of injury during 150 weeks.
(IS)
For the loss of a leg, if enough of the leg remains to permit the use of
an effective artificial member, 66% per cent of the daily wage at the time of
injury during 175 weeks.
(10)
For the loss of a leg so close to the hip that no effective artificial mem
ber can be used, 66% per cent of the daily wage at the time of injury during
200 weeks.
(20) Amputation of the leg below the knee shall be considered as loss of
foot, including ankle movement, if enough of the lower leg remains to permit
the use of an effective artificial member; otherwise it shall bo considered as
loss of leg.
(21) For the loss of an eye, 66% per cent of the daily wage at the time of
injury during 100 weeks.
(22) For complete permanent loss of hearing in one ear, 66% per cent of the
daily wage at the time of injury during 52 weeks.
(23) For the complete permanent loss of hearing in both ears, 66% per cent
of the daily wage at the time of injury during 156 weeks?.
(24) For the loss of an eye and a leg, 66% per cent of the daily wage at the
lime of injury during 350 weeks.
(25) For the loss of an eye and arm, 66% per cent of the daily wage at the
time of injury during 350 weeks.
(26) For the loss of an eye and hand, 66% per cent of the daily wage at the
time of injury during 325 weeks.
(27) For the loss of an eye and a foot, 66% per cent of the daily wage at the
time of injury during 300 weeks.
(28) For the loss of two arms other than at the shoulder, 66% per cent of
the daily wage at the time of injury during 400 weeks.
(20) For the loss of two hands, 66% per cent of the daily wage at the time
of injury during 400 weeks.
CM) For the loss of two legs, other than so close to the hips that no effective
artificial members can be used, 66% per cent of the daily wage at the time of
injury during 400 weeks.
(31) For the loss of two feet, 66% per cent of the daily wage at the time of
injury during 400 weeks.
(32) For the loss of one arm and the other hand, 66% per cent of the daily
wage at the time of injury during 400 weeks.
(38) For the loss of one hand and one foot, 06% per cent of the daily wage
at the time of injury during 400 weeks.
(34) For the loss of one leg and the other foot, 66% per cent of the daily
wage at the time of injury during 400 weeks.
(35) For the loss of one leg and one hand, 66% per cent of the daily wage at
the time of injury during 400 weeks.
*36) For the loss of one arm and one foot, 66% per cent of the daily wage
ac the time of injury during 400 weeks.
(37) For the loss of one arm and one leg, 66% per cent of the daily wage at
the time of injury during 400 weeks.
(38) For serious disfigurement; not resulting from the loss of a member or
other injury specifically compensated, materially affecting the employability of
the injured" person in the employment in which he was injured or other employ
ment for which the employee is then qualified, 66% per cent of the daily wage
a* the time of injury for such period as the industrial commission may deter
mine. not to exceed 75 weeks.
(35)) Where an employee sustains concurrent injuries resulting in concurrent
disabilities ho shall receive compensation only for the injury which entitles
2<>‘ 2
WOBJiMJii: ’a COMPKNS.VIIOif LAWS— UNITED STATES
him *.<» the largest amount of compensation, but this section shall not affect
liability for serb.-us disfigurement materially affecting the employability of
tin; injured per^.-a or liability for the concurrent loss of more than one member,
iuv which memoers compensation are provided in the specific schedule and in
subbed ion (e) below.
HO; In all cases of ix nnanMit partial disability it shall be considered that
the permanent loss of the u^e of a member shall be equivalent to and draw
the same compensation as the loss of ;hat member; but the compensation in
and by said schedule provided shall be in lieu of all other compensation in such
cases except as otherwise provHo.l by this section.
In the evert a w'rknmi ha:? irvn awarded, or is entitled to receive a com
pensation for lo.-.s of ii.se of a memlwr under any workmen's compensation law,
and thereafter sustains a loss of such member under circumstances entitling
him to compensation therefor under this act, the amount of compensation
awarded, or that he is entitled to receive for such loss of use, shall be deducted
from the compensation due under the schedule of this act for the loss of such
member: Proritied, hvtrcvcr, That the amount of condensation due for loss
of the member caused by the subsequent accident shall in no case be less than
25 per cenr of {lie compcn.suIion payable under the schedules of this act for
the loss of such member.
(41) In cases of permanent partial disability due to injury to a member
resulting in less than total loss of such member, not otherwise compensated in
this schedule, compensation shall be paid at the prescribed rate during that
parr of ilie 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.
(12)
All the compensations provided in clause (c) of this section for loss
of members or loss of the use of members are subject to the same limitations
as to maximum and minimum as are stated in clause (a).
(43) Rehabilitation-.—In addition to the compensation provided in the fore
going schedule for loss or loss of the use of a member, the compensation
during the period of retraining for a new occupation, as certified by the division
of reeducation, operating under chapter 305, Laws of Minnesota, 1919, shall
be 60*73 per eent of the daily wage at the time of the injury, not exceeding
25 weeks: Provided, The injury is such as to entitle the workmen to compensa
tion for at least 75 weeks in the schedule of indemnities for permanent im
pairments: And provided, The industrial commission on application thereto
shall find that such retraining is necessary and make an order for such
compensation.
(44) Injuries not scheduled.—In all other cases of permanent partial dis
ability not above enumerated the compensation shall be (56% 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, subject
to a maximum of $20 per week. Compensation shall continue during disability,
not, however, beyond 300 weeks.
(d) Painanmt total disability.—For permanent total disability as defined
in subsection (a) below 60% per cent of the daily wage at the time of the
injury, subject to a maximum compensation of $20 per week and a minimum
compensation of $8 per week: Provided, That if at the time of the injury
tho employee was receiving wages of $8 or less per week, then he shall
receive the full amount of his wages per week. This compensation shall be
paid during tho permanent total disability of the injured person, but tho
total amount payable under this subjection shall not exceed .$10,000 in any
case; 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 b*<\»mcs an Inmate of a public institution,
then no compeiiy/iiion shall he payable du:*:n;i the
hi?- confinement
in such institution, unless he 1ms wholly dependent on him for support a
person or persons named in subsections (1), (2), and (3) of section 15 (whose
d*pendency shall be determined as if the employee were deceased), in which
case the compensation provided for in said section 15 shall during the period
of such employee's confinement, as aforesaid, be paid for the benefit of said
persons so dependent, during dependency.
(<?) The total and permanent lo?s of the sight of both eyes or the loss
of both arms at the shoulder, or the loss of both legs so close to the hip*
that no effective artificial members can be us->d, or complete and permanent
paralysis, or total and permanent loss of mental faculties, or any other injury
IJSXT OF LAWS— MINNESOTA
293
which totally incapacitates the employee from working at an occupation
which brings him an income, shall constitute total disability.
(/') Death following disability.—In ca.se a workman sustains an injury
due to accident arising out of and in the course of his employment, and
during the period of disability (‘a used 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 the death. Ac
crued compensation due to the deceased prior to death, but not paid, shall be
payable to such dependent persons, or legal heirs, as the industrial commission
may order, without probate administration.
Sec. 15 (as amended 1923, chs. 300, 408 ; 3925, ch. 161). Dependents.— (1) For
the purpose of this act the following-described persons shall be conclusively
presumed to be wholly dependent: (<*) Wife, unless it be shown that she was
voluntarily living apart from her husband at the time of his injury or
death; (&) minor children under the age of 16 years.
(2) Children between 16 and IS years of age, or those over 18, if physically
or mentally incapacitated from earning, shall prirna facie be considered
dependent
(3) Wife, child, husband, mother, father, grandmother, grandfather, grand
child, sister, brother, mother-in-law, father-in-law, who were wholly supported
by the deceased workman at the time of his death and for a reasonable period
of time immediately prior thereto, shall be considered his actual dependents
and payment of compensation shall be made to them in the order named.
(4) 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.
(5) In death cases, compensation payable to dependents shall be computed
on the following basis, and shall be paid to the persons entitled thereto, or to
a guardian or such other person as the industrial commission may direct, for
the use and benefit of the person entitled thereto.
((5) If the deceased employee leave a widow and no dependent child, there
shall be paid to the widow 40 per cent of the daily wage at the time of the
injury of the deceased.
(7) If the deceased employee leave a widow or widower and one dependent
child, there shall be paid to the widow or widower for the benefit of herself or
himself and such child, 50 per cent of the daily wage at the time of injury of the
deceased.
(8) If the deceased employee leave a widow or widower and two dependent
children, there shall be paid (o the widow or widower for the benefit of her
self or himself and such children, 60 per cent of the daily wage at the time
of injury of the deceased.
(9) If the deceased employee leave a widow or widower and three or more
dependent children, there shall be paid to the widow or widower for the benefit
of herself or himself and such children, 66% per cent of the daily wage at the
time of injury of the deceased.
(10) In all cases where compensation is payable to the widow or widower
for the benefit of herself or himself and dependeut child or children, the in
dustrial commission 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.
(11) In the case of remarriage of a widow without dependent children, she
shall receive a lump sum settlement equal to one-half of the amount of the
compensation remaining unpaid, without deduction for interest, but not to
exceed two full years* compensation. In case of remarriage of a widow who
has dependent children, the unpaid balance of compensation which would
otherwise become her due shall be payable to the mother, guardian, or such
other person as the industrial commission may order, for the use and benefit
of such children during dependency: Provided, That if the dependency of the
children ceases before the equivalent of two years of the mother's compensation
has been paid to the children, the remainder of the two years’ compensation
shall be payable in a lump sum to the mother, without deduction for interest.
The payments as provided herein shall be paid within 60 days after written
notice to the employer of such remarriage, or that dependency of children has
ceased.
294
WOBKMEn’s COMPENSATION LAWS— UNITED STATES
(12) If the deceased employee leave a dependent orphan, there shall he
paid 4~> per cent of the daily wage at the time of the injury of the deceased,
with 10 i)er cent additional for each additional orphan, with a maximum of
60% per cent of such wages.
(13) If the deceased employee leave a dependent husband and uo dependent
child, there shall he paid to the husband 30 per cent of the daily wage
at the time of injury of the deceased.
(1-1) If the deceased employee leaves no widow or child or husband entitled
to any payment hereunder, bur leaves both parents wholly dependent on
deceased, there shall be paid to such parents jointly 45 per cent of the weekly
wage at the time of the injury of the deceased: Provided, That in case of
the death of either of the wholly dependent parents the survivor shall receive
35 per cent of the weekly wage thereafter. If the deceased employee leaves
one parent wholly dependent on said deceased, there slmll be paid to such
parent 35 per cent of the weekly wage at the time of the injury of deceased:
Provided, That the compensation payable under this paragraph shall not
exceed the actual distributions made by the demised to the support of such
parent or parents for a reasonable time immediately prior to the injury
which caused the death of the said decedent.
(15) If the deceased should leave no widow or child or husband or parent
entitled to any payment hereunder, but should leave a grandparent, grand
child. 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, 30 per
cent of the daily wage at the time of injury of the deceased; or if more than
one, 35 per cent of the daily wage at the time of injury of the deceased,
divided between or among them share and share alike.
(16) 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.
(17) Partial dependents shall be entitled to receive only that proportion 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.
(18) In ail cases where death results to an employee caused by accident aris
ing out of and in the course of employment, the employer shall pay in addition
to the expenses provided for in section 10 the expense of burial, not exceed
ing in amount #150, except in cases where an insurer of the deceased or a
beiioit 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 em
ployer would diminish the benefits received by the dependents of the deceased
from auy such insurer or a benefit association. In case any dispute arises
as to the reasonable value of the services rendered in connection with the
burial, the same shall be determined and approved by the industrial commis
sion before payment, after such reasonable notice to interested parties as the
industrial commission shall require. If the deceased leave 110 dependents, no
compensation shall be payable except as provided by this subsection or section
16 hereof.
(10)
The compensation payable in case of death to persons wholly de
pendent shall be subject to a maximum compensation of $20 per week and a
minimum of $8 per week: Provided. That if at the time of injury the employee
receives wages of $8 or less per week, then the compensation shall be the full
amount of such wages per week. The compensation payable to partial de
pendents shall be subject to a maximum of #20 per week and a minimum of $8
per week: Provided. That if the income loss of the said partial dependents
by such death is $8 or less per week, then the dependents shall receive the
full amount of their income loss. This compensation shall be paid during
dependency, but shall not exceed $7,500 in case of a dependent wife, child,
children, or orphan, and shall not exceed 300 weeks in case of any other
dependent, payments to be made at the intervals when the wage was payable
as nearly as may be.
(20) Actual dependents shall be entitled to take compensation in the order
named in subsection (3) above, during dependency, until 66% per cent of the
daily wage of the deceased at the time of injury shall have been exhausted:
Provided\ That such compensation shall not exceed $7,500 in case of a de
pendent wife, child, children, or orphan, or continue beyond 300 weeks in case
TEXT OF LAWS— MINNESOTA
295
of any other dependent; but the total compensation to be paid to all actual
dependents of a deceased employee shall not exceed in the aggregate $20 per
week.
Skc. 16 (as amended 1928, ch. 300). Second injury.—If an employee receive
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, hotcever, That in addition to compensation for such permanent
partial disability and after the cessation of the payments for the prescribed
period of weeks, the employee shall be paid by the State the remainder of the
compensation that would be due for permanent total disability out of a spe
cial fund, known as the special compensation fund, and created for such
purposes in the following manner:
Every employer shall pay to the State treasurer for every case of injury
occurring in his employ and causing death in which there are no persons
entitled to compensation the sum of $200, which is to be placed into this
special compensation fund and to be used to pay the benefits provided by this
section. All moneys heretofore arising from the provisions of this section shall
be transferred to this special compensation fund. All penalties collected for
violation of any of the provisions of this act shall be credited to this special
compensation fund. The State treasurer shall be the custodian of this special
fund and the industrial commission shall direct the distribution thereof, the
same to be paid as other payments of compensation are paid. In case deposit
is or has been made under the provisions of this section, and dependency later
is shown, the State treasurer is hereby authorized to refund such deposit.
Sec. 17. Joint employers.—In case any employee, for whose injury or death
compensation 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 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 part 2 of this act, and otherwise
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 compensa
tion which their proportionate 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
themselves of the ultimate burden of such compensation.
Sec. 18. Waiting time.—In cases of temporary total or temporary partial
disability no compensation shall be allowed for the first week after the disa
bility commenced except as provided by section 19, nor in any case unless the
employer has actual knowledge of the injury or is notified thereof within the
period specified in section 20: Provided, however, That if such disability con
tinues for four weeks or longer, such comj>eiisation shall be computed from the
commencement of such disability.
S ec . 19 (as amended 1923, cli. 300). Medical, etc., aid.—The employer shall
furnish such medical, surgical, and hospital treatment, including nursing, medi
cines, medical and surgical supplies, crutches and apparatus, including artificial
members, as may reasonably be required at the time of the injury and during
the disability for not exceeding 90 days to cure and relieve from the effects of
the injury: Provided, That 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: Provided further, That upon
request by the employee made during or after said period of 90 days the indus
trial commission may require the above treatment, articles, and supplies for
such further time as the industrial commission may determine, and a copy of
such order shall be forthwith mailed to the parties in interest. Any party
in interest within 10 days from the date of mailing may demand a hearing and
review of such order.
The commission may at any time upon the request of an employee or em
ployer order a change of physicians and designate a physician sujr^flstod by the
injured employee or by the commission itself, and in such ease the expense
thereof shall be borne by the employer upon the same terms and (renditions as
hereinbefore provided in this section for medical and surgical treatment and
attendance.
The pecuniary liability of the employer for the treatment, articles, and sup
plies herein required shall be limited to such charges therefor as prevail in the
296
w o r k m e n ’s c o m p e n sa tio n la w s — UNITED s t a t e s
same community for similar treatment, articles, ami supplies furnished to
injured persons of a like standard of living when the same are paid for by the
injured persons. The industrial commission may ou the basis ab«ve stared de
termine the reasonable value of all such service and supplies and the liability
of the employer shall be Limited to the amount so determined.
S ecs . 20. 21, 22 (as amended 1023, ch. 300). Notice and daim.— |.Unless an
employer has actual knowledge of the occurrence of the injury, or a claimant
or some or-o in his behalf skives notice lo the employer within 14 d s y s after
its occurrence, no compensation is due until such notice is given or knowled.se
obtained. If this takes place within 30 days, no want, failure, or inaccuracy
of notice is a bar to comj>ensation unless the employer shows that he was
prejudiced thereby, and then only to the extent of »such prejudice. If notice
is given or knowledge is obtained within 90 days, and the fa lim e is shown
to be due to a mistake*, inadvertence, ignorance of tact or law, inability, or of
fraud, misrepresentation, er deceit of the employer or his agent, compensation
will be allowed unless the employer proves prejudice by reason of the failure
to receive such notice, in which case the compensation will be reduced pro
portionately. After 00 days compensation is barred. The notice may be
served personally or by registered mail and substantially in a form prescribed.
Actions or proceedings to recover eom»>ensation must be begun within two
years after the employer has reported the injury to rlie industrial commission
but not later than six years from the date of the accident. The same rede
applies in case of death, but a dependent or anyone in his behalf may give
notice of such death to the industrial commission, whereupon the commission
must notify the employer of the time and place of the death. If the deceased
was a foreigner ..leaving no known dependent within the United States, the
industrial commission must give written notice of the death to the consul
or other representative of said foreign country forthwith. In case of physical
or mental incapacity, other than minority, the period of limitation for the
performance of any act required by this section is extended for two years
from the date when the incapacity ceases. 1
Sec. 23 (as amended 102.°., ch. 300). Medical examination.— [The injured em
ployee must submit to examination by the employer’s physician, if requested,
at reasonable times, and may have hi** own physician present at his own cost.
In case of dispute the industrial commission or a referee on hearing may, on
its or his own motion, or on the request of one of the parties, designate a
physician to make examination and report. Copies of the report are to be
mailed to both parties, either of whom may within five days demand a crossexamination of the physician. Refusal to comply with any reasonable request,
for examination authorizes a suspension of the employee's right to compen
sation. In case of obscure or disputed cause of death, an autopsy may be
had at the cost of the party demanding the same.
P hysicians m aking or present a t the exam inations above provided m ay be
required to testify as to any know ledge acquired by them in the course of
such treatm ent or exam in ation .]
Sec. 24.'Alien dependent#.— [Payments to alien dependents residing outside
the United States are to be made to the duly accredited consular officer of
the country of which the beneficiaries are citizens, or to his de^itrnated repre
sentative living within the State. Such officer or representative must, if
required by the commission, furnish a good and sufficient bond, and is
required to furnish to the commisison a sworn statement as to the dependents,
Kiving name, age, residence, extent of dependency, and relationship to the
deceased.]
S ec s . 25, 26. Lump-sum payments.— [Periodical paym ents m a y be com m uted
to one or m ore lum p-sum paym ents only as th e com m ission m a y order and
prescribe. Such com m utations m ust represent
installm en ts calculated on a 6 per cent basis.
the
present
value
o f fu tu re
At any time after the amount of an award or commutation he.s been finally
determined by the commission, the present value of all future installments,
calculated on a 6 per cent basis, may be paid to an approved savings bank
or trust company to be held in trust for the beneficiary, who shall then have
no further recourse against the employer. Payments from such fund will
be made by the trustee the same as required of the employer unless the com
missioner otherwise orders.]
Sec. 27. Preferences.— [Compensation rights and awards have the same
preference against the assets of the employer as unpaid wages for labor, but
TEXT OF LAWS— MINNESOTA
297
may not become a lien on the property of third persons by reason of such
preference. Claims are not assignable, and are exempt from seizure or sale for
the payment of any debt or liability except as otherwise provided herein.]
Shcs. 28, 29 (both as amended 1023, ch. 282). Insurance.— [ Every employer
except the State and its municipalities must insure his or its liability with
some authorized insurance carrier unless exempted by the industrial com
mission. This does not prevent separate provision for the medical and
hospital benefits required by neetion 19; and the employer may, if conducting dis
tinct operations at different locations, either insure or self-insure each separate
establishment, operation, or portion of his operations which may be determined
by the commission to be a d;stinct and separate risk. Employers deciding to
become self-insurers must furnish satisfactory proof of their financial ability
of which further statement may be required from time to time and any permit
revoked on 10 days’ notice in writing. Such employers may also be required
to furnish such security as the commission may consider sufficient. If the
security is in the form of a bond or other personal security, the commission
may. on at least 10 days’ notice with opportunity to be heard, require the
payment of the amount of the award at any time either before or after the
entering of such award. Failure to comply with tho provisions of this act
subjects to a penally, together with a liability for live times the lawful
premium for the period of noncompliance commencing 10 days after notice.
Insurance carriers are subject to the conditions following: Stock or mutual
companies must provide for compensation according to the full benefits of part
2 of this act; policies must contain a provision that notice and jurisdiction
of the employer are binding on the insurance carrier, and that the workmen
have equitable liens on the policy for any amount which may become owing
to the employer on account of such policy, and in case the employer becomes
legally incapacitated or unable to receive and pay over such sums, payments
shall be directly to the beneficiary; nor does the insolvency of an employer
relieve the company from payments accrued during the period the policy is
in force.
Employees’ agreements to pay any portion of the cost of their insurance
under this act are void, but additional benefits may be provided at additional
cost if the plan is approved in writing by the industrial commission.
If an employer insures as herein provided, and posts a notice or notices of
the same conspicuously, giving the name of the company, filing like notice
with the industrial commission, then any proceedings brought by an injured
employee or his dependents must be brought directly against the insurer, and
the employer is released from any further liability, but not in ease of the
Insolvency or bankruptcy of the insurance company.]
Sec. 30. Evading liability.— (1) Any person who creates or carries into
operation any fraudulent scheme, artifice, or device to enable him to execute
work without himself being responsible to the workman for the provisions of
this act. shall himself be included in the term “ employer” and be subject to
all the liabilities of the employer under this act. But this section shall not be
construed to cover or mean an owner who lets a contract to a contractor in
good faith nor a contractor, who, in good faith, lets to a subcontractor a portion
of his contract: Provided, however, That no person shall be deemed a con
tractor 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 prem
ises and with the employer’s tools or appliances and under the employer’s
directions; nor one who does what is commonly known as piecework or in any
way where the system of employment used merely provides a ipethod of fixing
the workman’s wages.
(2) Where compensation is claimed from, or proceedings taken against a
person under subdivision (1) of this section, the compensation shall be calcu
lated 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 31, or under the conditions set forth in sec
tion 66 (/).
S ec . 81 (as amended 1923, ch. 279). Liability of third parties.— [Where injury
or death occurs under circumstances creating a legal liability for damages on
the part of a third party, if such party is subject to the compensation provi
298
w o r k m e n ’s COMPENSATION LAWS— UNITED STATES
sions of this act, proceedings may be either at law to recover damages from
such party or against the employer for compensation, but not against both.
If the action is for damages the amount and manner of recovery and the per
sons to whom payable must conform with the provisions of part 2 of this act.
If compensation is claimed from the employer the latter is subrogated to the
rights given against the third party, recovery to include compensation payable
by the employer, together with the costs and disbursements of the action.
If the foregoing provisions do not apply or the third party is not subject to
the provisions of part 2 of this act, suit may be brought 21gainst such party or
parties to recover damages notwithstanding payment by the employer or his
liability to pay compensation; but in case of recovery against such third party
the employer may deduct from the compensation payable by him the amount
actually received by the employee or dependents after deducting cost and ex
penses of the action. If the action against such third party is not diligently
prosecuted, or if for other reason the court deems it necessary or advisable in
order to protect the interests of the employer, the court may give the employer
right to intervene. If the employee or his dependents have agreed 10 receive
compensation or have instituted proceedings to recover the same, or has ac
cepted payments thereon, the employer is subrogated to all rights against the
third party; but if the action is not prosecuted with diligence, or the court
deems it advisable for the protection of the employee or his dependents, the
latter may intervene in such action. Any recovery in excess of the employer's
obligations in part 2 of this act, plus costs aud expenses, is payable to the
injured employee or his dependents.]
Skc. 32. Frivolous controversies.— [If the court finds proceedings have been
instituted or any defenses interposed by any employer or insurer which do not
present a real controversy but are merely frivolous or for delay, or where there
is unreasonable neglect or refusal to pay, or intentional underpayment, the
commission or the supreme court on appeal may add not more than 25 per cent
to the compensation payable or to become payable as aforesaid. The commis
sion may examine books and records of the employer or insurance carrier to
inform itself as to matters named In this section, and an insurance carrier
refusing or failing to allow the examination required may be deprived of its
license to write insurance in the State.]
S ec s . 33 (as amended 1925, ch. 161), 34. Report of accidents.— [Employers
subject to the provisions of part 2 of this act must make reports of accidents to
employees causing death or serious injury within 48 hours thereafter, and of
all other facts within seven days after the employer or his foreman has knowl
edge of their occurrence, if they have caused disability for more than the
remainder of the day, shift, or turn on which the injury was sustained. Acci
dents requiring to be reported within 48 hours may be reported by telephone,
telegraph, or personal notice, a written report to be made within seven days, or
at such time as the industrial commission shall designate. Supplementary re
ports may be required as the commission may deem necessary for securing the
information required by low. If an accident has been reported and subse
quently terminates fatally, a supplementary report must be filed within 48
hours after, receipt of the knowledge of such death. Physicians and surgeons
examining, treating, or having special knowledge of compensable injuries must,
within 10 days after receipt of any request therefor, report in writing to the
industrial commission all facts within their knowledge relative to the nature
and extent of the injury and disability. Subsequent reports may be requested
from such physicians or surgeons. Penalties lie for the failure of employers,
physicians, or surgeons to comply with the foregoing provisions. Such reports
are only for official use, and are not open to the public. Employers, insurers,
or insured employees must, if requested, file with the commission all medical
reports bearing on the case, or verified copies of the same.
On receipt of notice of an injury the commission must forthwith mail to the
injured employee « written or printed notice stating briefly the employee's
general rights and duties under the act, summarizing also, in its discretion,
such information as to the employer's duty to furnish medical and hospital
IreiiiiKiit and to pay compensation as it may deem best: it shs»ll also invite
the employee to ask the advice of the commission in case any doubt or dispute
arises concerning his rights under the ad. A properly addressed envelope is to
be furnished.]
35 (as amended 1925, ch. 161). Discontinuance of payment a.— [Before
compensation payments are discontinued the employer must, if the claimant
refuses to sign or objects to signing the final receipt, or claims further
TEXT OF LAWS— MINNESOTA
299
benefits, notify the industrial commission in writing of his proposal to dis
continue payments, giving the date and reason therefor, stating the fact of
objection; medical reports bearing on the case, or copies thereof, must bd
filed with such notice. Until such notice is given liability for payment
continues, unless otherwise ordered by the commission, but their receipt
operates as a suspension of payment until the right thereto can be de
termined. When the commission has received such notice, it must notify
the employee of the fact and make the necessary investigations and in
quiries to determine whether the right has terminated in accordance with
law, and if the contrary appears the case will be set for a hearing, to be
held within 25 days of the receipt of notice by the commission, 8 days4
notice of such hearing to be given to the interested parties. After hearing
an order or award must be properly entered, and if it appears that the right
to compensation has terminated the employer is relieved from further lia
bility, subject to the right of review provided by this act. Current, interim,
and final reports for payment are also to be filed and checked in order that
the commission may supervise the operations and secure full compliance
with the provisions of law. Insurance carriers may act for and 011 behalf
of employers insured by them, the employer being responsible for any
omission, delay, failure, refusal, or neglect of the injured to perform any
such act.]
S e c s . 30-45, 46 (as amended 1923, ch. 800), 47-54, 55 (as amended 1923,
ch. 300), 56, 57, 58 (as amended 1923, ch. 300), 59 (as amended 1921, ch.
423), 60 (as amended 1921, ch. 423; 1923, ch. 300), 61-63 (as amended 1921,
ch. 423), 64 (as amended 1921, ch. 423; 1925, ch. 161). Procedure.— [The
industrial commission may on the demand of either party designate one or
more of its employees to advise such party or parties as to their rights under
the act and as far as possible in adjusting differences between an employer
and employee as regards compensation of claims. Parties may appear in
person, and are not required to be represented by an attorney at law. The
commission is to report to each session of the legislature on the operations of
the act.
All proceedings are to be by petition in writing, and orders, decisions,
and awards made by any commissioner or referee must be immediately
filed with the commission, which shall serve the parties in interest with a
copy thereof. Service may be by mail, but evidence will be received as to
actual receipt due to unusual or unreasonable delay in transmission. In
case of disputed or delayed payments or compensation a verified petition
setting forth the facts may be submitted, following which the commission
will hear the claim or assign it to a commissioner or referee for hearing,
notice to be given to each party. Answer may be filed at any time within
10 days, which must also be served upon the petitioner or his attorney. Five
days are allowed for a verified reply. When such reply has been filed or
the lime lapsed for its filing, the time and place for hearing will be fixed;
or if no answer is served or filed as provided by the act the commission
may forthwith make an award based on the petition if the facts appear to
support the same, but proof may be required of any fact alleged. If the
facts are not sufficient to support an award, the petitioner shall be notified
thereof.
The commission, by a member or referee, may administer oaths, issue subixenas, require the production of books, papers, and records, etc. Enforce
ment may be had on application to a judge of the district court to compel
obedience by attachment proceedings and for contempt, as in a case of dis
obedience of a similar order or subpoena issued by the court. After the
hearing of all competent evidence the commission, commissioner, or referee
must make in writing a statement of the conclusions, with findings of fact
and of law, awarding or disallowing the compensation, according to the
evidence. Questions of fact may be referred to a commissioner or referee
to hear evidence and report. The commission, commissioner, or referee on
its or his own motion may investigate the facts, and may appoint one or more
impartial physicians or surgeons to examine the injuries of the claimant
and reiwrt thereon, the fee for such service to be paid from the funds of
the department of labor and industries and taxed as costs as the commission
may direct.
Proceeding is not bound by common-law or statutory rules of evidence
or technical or formal rules of pleading or proceeding, except as provided
1965°—26------20
.300
WORKMEN'S COMPENSATION LAWS— -UNITED STATES
by this net, but all findings of fact shall be based only on competent evi
dence. Depositions may be taken, as in civil cases, except as otherwise
•ordered, and hospital records may be admitted as evidence, but are not con
clusive proof.
An award of a commissioner or referee may be appealed from to the indus
trial commission within 20 days after notice on the ground that the action
taken was not in conformity with the terms of the act or that, an error of law
has been committed, or that the findings of fact and award or other order
were unwarranted by the evidence, or procured by fraud, coercion or other
improper conduct. Within SO days after such notice the time for appeal or
filing an answer may be extended. Details of service and proceeding arc pre
scribed. the appealing party being required to deposit $10 to be applied on the
cost of the transcript of the proceedings appealed from, other liability attach
ing if the costs exceed this amount. On this appeal the commission may
examine the testimony, disregarding the findings of fact presented, may hear
o«ber evidence, and may substitute its own findings of fact according to its
judgment in the matter if an appeal is based on alleged error of law. Hearing
must be had on at least five days’ notice and a decision made as soon as may be.
If it appears that the award or disallowance was unwarranted, or that there
was fraud, coercion, or other improper conduct, the commission may grant a
hearing before itself, or assign the case to a commissioner or referee for
proceedings de novo.
If there has been a default in the payment of compensation due. the bene
ficiary may file a copy of the award with the clerk of the district court, and a
hearing procured before the judge, who shall pass only upon the facts of the
•award and the regularity of the proceedings upon which it was based and shall
order judgment accordingly. Such judgment shall have the same force and
effect as other judgments by the same court, but may not be entered on an
■award where an appeal is pending. A charge of 25 cents by the clerk covers
all services performed by him. At any time after an award has been made
but before the same has been reduced to judgment or writ of certiorari issued
by the supreme court, a rehearing may be granted by the commission for cause.
Any party in interest may, within 30 days after notice of award or dis
allowance, have the same reviewed on certiorari by the supreme court on the
ground that the findings were not in conformity with the terms of the act or
that other error of law was committee, or that they were unwarranted by the
evidence. Bonds for costs and other fees are prescribed, proceedings to bo 3)ad
.within 30 days, the form of proceeding being prescribed, the hearing and dis
position of the case to be in accordance with the laws and rules of the court
in civil appeals. The court has and takes original jurisdiction and may
(reverse, affirm, or modify the order or award and enter such judgment as it
•may deem just and proper, or remand the cause for a new hearing before the
industrial commission. Writs perfected under the provisions of this act stay
proceedings for enforcement of the collection of payments until final disposi
tion of the case. The commission is represented in all such reviews by the
attorney general unless otherwise directed by the commission.
No cost shall be awarded except as specially provided by this act, but in
the discretion of the party conducting the hearing the prevailing party may be
awarded reimbursement for actual necessary costs. A reasonable attorney’s
fee incidental to the review or appeal may also be allowed. In the proceedings
before the supreme court, costs and disbursements are taxed the same as in
civil appeals, and the usual attorney's fee incidental to the review may be
included as a part of the judgment order of the supreme court. 1
Sec. 65 (as amended 1928, 300; 1925, ch. 175). Computation of tea yes.—
“ Daily wage,” as used in this act, shall mean the daily wage of the employee
in the employment in which he was engaged at the time of the injury; and if
at the time of the injury the employee is working on part time for the day,
lus daily wage shall be arrived at by dividing the amount received or to be
received by him for such part-time service for the day by the number of
hours of such part-time service and multiplying the result by the number of
hours of the normal working-day for the employment involved: Provided,
That in the case of persons performing services for municipal corporations in
easy of emergency, then the normal working-day shall be considered and
computed as eight hours.
The weekly wage shall be arrived at by multiplying the daily wage by the
number of days and fractional days normally worked in the business of
TEXT OP LAWS— MINNESOTA
301
the employer for the employment involved: Provided, That the weekly wa«e
shall not be less than live and one-half times the daily wage. Occasional
overtime shall not be considered in computing the weekly wage; but if such
overtime is regular or frequent throughout the year for the employment
involved, then it shall be taken into consideration.
Where board or other allowances of any character except gratuities are
made to an employee in addition to wages as a part of the wage contract,
they shall be deemed a part of his earnings and computed at the value
thereof to the employee.
Six-. 00 (as amended 1023, chs. 91, 300). Definitions.—Throughout this act
the following words and phrases as used therein shall be considered to have
the following meaning, respectively, unless the context shall clearly ir.dieute
a different meaning in the connection used:
(a) The word “ compensation” has been used both in parts 1 and 2 of
this act to indicate the money benefits to be paid on account of injury or
death. Strictly speaking, the benefit which an employee may receive by action
at law under part 1 of this act is damages, and this is indicated in section 1.
To avoid confusion, the word “ compensation” has been used in both pnrta
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) “ Child,” or “ children,” shall include posthumous children and all other
children entitled by law to inherit as children of the deceased; also step
children who were members of the family of the deceased at the time of
his injury and dependent upon him for support.
(c) The terms “ husband" and “ widower” are used interchangeably and
have the same meaning in this act.
(d) The term “ employer” as used herein shall mean every person not
excluded by section 8, who employs another to perform a service for hire
and to whom the “ employer” directly pays wages, and shall include any
person or corporation, copartnership or association or group thereof, and shall
include State, county, village, borough, town, city, school district, and other
public employers.
(<?) The term “ physician” shall include “ surgeon” and in either case shall
mean one authorized by law to practice his profession within one of the
United States and in good standing in his profession at the time.
( f ) The term “ workman” shall include the plural and all ages and both
sexes.
(g) The terms “ employee” and “ workman” are used interchangeably and
have the same meaning throughout this act and shall be construed to mean:
(1) Every person in the service of the State, or any county, city, town,
village, borough, or school district therein, under any appointment or con
tract of hire, expressed or implied, oral or written, but shall not include any
official of the State or of any county, city, town, village, borough, or school
district therein, who shall have been elected or appointed for a regular term
of office or to complete the unexpired portion of any regular term: Provided,
however, That sheriffs, deputy sheriffs, constables, marshals, policemen, and
firemen shall be deemed employees within the meaning of this section: Pro
vided further, That where in any city operating under a home-rule charter
a mode and manner of compensation is provided by said charter, which is
different from that provided by this act, and the amount of compensation
provided by said charter would, if taken thereunder, exceed the amount the
employee is entitled to under this act for the same period, he shall, in addi
tion to his compensation under this act, receive under said charter an amount
equal to the excess in compensation provided by said charter over what he
is entitled to by this act; if the amount of compensation provided by said
charter would, if taken thereunder, be equal to or less than the amount
of compensation the employee is entitled to under this act for the same
period, he shall take only under this act: Provided further, That any peace
officer other than a sheriff, deputy sheriff, marshal, or policeman shall be
considered an employee while engaged in the enforcement of peace or in
and about the pursuit and capture of any person charged with or suspected
of crime.
(2) Every person not excluded by section 8. in service of another under
any contract of hire, expressed or implied, oral or written, including aliens
and also including minors who are legally permitted to work under the laws
302
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
of the State, who, for the purpose of making election 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.
(i) “ Member" as an anatomy term in this act, shall include eye and ear, as
well as leg, foot, toe, hand, linger, thumb, and arm.
(j) Without otherwise affecting either the meaning or interpretation of the
abridged clause “ personal injuries arising out of and in the course of employ
ment,” 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 services require
their presence as a part of such service, at the time of the injury, and
during the hours of service as such workmen: Provided, That where the
employer regularly furnishes transportation to his employees to or from the
place of employment, such employees shall be held to be subject to this act
while being so transported, but 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 be
cause of his employment.
(fc) Wherever in this act the singular is used, (he plural shall be included;
where the masculine gender is used, the feminine and neuter shall be included.
(1) “ Industrial commission” and “ commission” as used in this act, means
the Industrial Commission of Minnesota; and “ commissioner” means a mem
ber of that commission.
( m) The terra “ farm laborers ” shall not include the employees of commer
cial threshermen or of commercial balers. Commercial threshermen and com
mercial balers, are hereby defined to be persons going about from place to place
threshing grain, shredding or shelling corn, or baling hay or straw, respectively,
as a business: Provided, That farmers owning threshing, shredding, shelling,
or baling machines not engaged in such business generally and doing their own
threshing, shredding, shelling, or baling or casually doing such work for other
farmers in the same community, and farmers exchanging work among them
selves shall not be classed as commercial threshermen or commercial balers.
Sec. 67. Occupational disease.— (1) The disablement of an employee result
ing from an occupational disease described in subsection (9) of this section,
except where specifically otherwise provided, shali be treated as the happening
of an accident within the meaning of part 2 of this act, and the procedure and
practice provided in such part 2 shall apply to all proceedings under this section,
except where specifically otherwise provided herein. Whenever used in this
section, “ disability ” means the state of being disabled from earning full wages
at the work at which the employee was last employed, and “ disablement ”
means the act of becoming so disabled.
(2) If an employee is disabled or dies in his disability, or death is caused by
one of the diseases mentioned in subsection (9) of this section, and the disease
is due to the nature of the corresponding employment, as described in such
subsection, in which such employee was engaged and was contracted therein, he
or his dependents shall, be entitled to compensation for his death or for the
duration of his disability according to the provisions of part 2 of this act,
except as otherwise provided in this section: Provided, howevert That if it
shall be determined that such employee is able to earn wages at another occu
pation which shall be neither unhealthful nor injurious, and such wages do
not equal his full wages prior to the date of his disablement, the compensation
payable shall be a percentage of full compensation proportionate to the reduc
tion in his earning capacity.
(3) Neither the employee nor his dependents shall be entitled to compensa
tion for disability or death resulting from disease unless the disease is due
to the nature of his employment and contracted therein within the 12 months
previous to the date of disablement whether under one or more employers.
(4) If an employee at the time of his employment willfully and falsely rep
resents in writing that he has not previously suffered from the disease which
is the cause of disability or death, no compensation shall be payable.
TEXT OF LAWS— MINNESOTA
303
(5) The total compensation due shall be recoverable from the employer
who last employed the employee in the employment to the nature of which
tlie disease was due and in which it was contracted. If, however, such dis
ease was contracted while such employee was in the employment of a prior
employer, the employer who is made liable for the total compensation as pro
vided by this subsection may appeal to the commission for an apportionment
of such compensation among the several employers who since the contraction
of such disease shall have employed such employee in the employment to the
nature of which the disease was due. Such apportionment shall be propor
tioned to the time such employee was employed in the service of such employers
and shall be determined only after a hearing, notice of the time and place of
which shall have been given to every employer alleged to be liable for any por
tion of such compensation. If the commission find that any portion of such
compensation is payable by an employer prior to the employer who is made
liable to the total compensation as provided by this subsection it shall make
an award accordingly in favor of the last employer, and such award may be
enforced in the same manner as an award for compensation.
(6) The employer to whom notice of death or disability is to be given or
against whom claim is to be made by the employer shall be the employer who
last employed the employee during the said 12 months in the employment to
the nature of which the disease was due and in which it was contracted, and
such notice and claim shall be deemed seasonable as against prior employers.
(7) The employee or his dependents, if so requested, shall furnish the last
employer or the commission with such information as to the names and
addresses of all his other employers during tlie said 12 months, as he or they
may possess, and if such information is not furnished or is not sufficient to
enable such employer to take proceedings against a prior employer under sub
section (5) of this section, unless it be established that the disease actually
was contracted while the employee was in his employment such last employer
shall not be liable to pay compensation, or if such information is not furnished
or is not sufficient to enable such last employer to take proceedings against
other employers under subsection (5) such last employer shall be liable only
for such part of the total compensation as under the particular circumstances
the commission may deem just; but a false statement in the information fur
nished as aforesaid shall not impair the employee’s rights unless the last
employer is prejudiced thereby.
(8) If the employee at or immediately before the date of disablement was
employed in any process mentioned in the second column of the schedule of
diseases in subsection (0) of this section, and his disease is the disease in the
first column of such schedule set opposite the description of the process, the
disease presumptively shall be deemed to have been due to the nature of that
employment.
(0)
For the purpose of this act only the diseases enumerated in column one,
following, shall be deemed to be occupational diseases:
C o lum n
1
DESCRIPTION OF DISEASE
1. Anthrax.
2. Lead poisoning or its sequelae.
3. Mercury poisoning or its sequels.
4. Phosphorous poisoning or its sequelse.
5. Arsenic poisoning or its sequelae.
6. Poisoning by wood alcohol.
DESCRIPTION OF PROCESS
1. Handling of wool, hair, bristles,
hides, or skins.
2. Any process involving the use of
lead or its preparations or com
pounds.
8. Any process involving the use of
mercury or its preparations or
compounds.
4. Any process involving the use of
phosphorus or its preparations
or compounds.
5. Any process involving the use of
arsenic or its preparations or
compounds.
6. Any process involving the us® of
wood alcohol or any preparation
containing wood alcohol.
SO4
w o r k m e n 's
Colum n
d e s c r i p t io n
COMPENSATION LAWS— UNITED STATES
1—Continued
o f d i s e a s e —continued
7. Poisoning by nitro and ami do de
rivatives of benzine (dinitrobenzol. aniiin, and others) or its
sequel®.
8. Poisoning by carbon bisulphide or
iis sequoias.
9. Poisoning by nitrous fumes or its
sequehe.
10. Poisoning by nickel carbonyl or its
s e q u e la e .
11. Dope poisoning (poisoning by tctraehlor-methane or any substance
used as or in conjunction with a
solvent for acetate of cellulose
[) ] or its sequela*.
12. Poisoning by gonloma kamassi
(African
boxwood)
or its
seqnebe.
13. Chrome ulceration or its sequelae.
14. Epitheliomatous cancer or ulcera
tion of the skin or of the corneal
surface of the eye, due to tar,
pitch, bitumen, m*‘neral oil or
paraffin, or any compound, prod
uct, or residue of any of these
substances.
15. Glanders.
16. Compressed air illness or its se
quela*.
17. Ankylostomiasis.
18. Miners nystagmus.
19. Subcutaneous cellulitis of the
hand (beat hand).
20. Subcutaneous cellulitis over the
patella (miner’s beat knee).
21. Acute bursitis over the elbow
(miner's beat elbow).
22. Inflammation of the qynovial lining
of the wrist joint and tendon
si ieaths.
23. Cataract in glass workers.
description of piiocjsss—continued
7. Any process involving the use of a
nitro or amido derivative of ben
zine or its preparations or com
pounds.
8. Any process involving the use of
carbon bisulphide or its prepations or compounds.
9. Any process in which nitrous
fumes are evolved.
10. Any process in which nickel car
bonyl gas is evolved.
11. Any process involving the use of
any substance as or in conjunc
tion with a solvent for acetate of
cellulose.
12. Any process in the manufacture of
articles from gonioma kamassi
( African boxwood).
13. Any process involving the use of
chromic acid or bieroiuato of
ammonium potassium, or sodium
or their preparations.
14. Handling or u?e of tar, pitch, bitu
men, mineral oil, or paraffin, or
any compound, product, or resi
due of any of these substances.
15. Care or handling of any equine
animal or the carcass of any
such animal.
16. Any process carried on in com
pressed air.
17. Mining.
18. Mining.
19. Mining.
20. Mining.
21. Mining.
22. Mining.
23. Processes in the manufacture of
glass, involving exposure, glare
to molten glass.
(JO) Nothing in this section shall affect the rights of an employee to recover
compensation in respect to a disease to which this section does not apply if
the disease is an accidental personal injury within the meaning of the other
provisions of part 2 of this act.
(11)
The provisions of this section shall not apply to disability or death
resulting from a disease contracted prior to the date on which this act takes
effect.
Skc. 68. Accrued claims.—All rights and liabilities arising on account of
accidents or injuries occurring prior to the taking effect of this act shall
be governed by the then existing law.
S eos. 69-71. Construction of act, etc.— [Provision is made for the validity
o f unaffected portions if any part is found to be invalid. The earlier com
pensation act and any other statute inconsistent with the present act is
repealed and the statute is declared to become operative on June 1, 1921.]
T E X T OB* LAWS— MINNESOTA
305
Public employees
[The following provisions relating to compensation of public employees for
injuries are found in section# 4831-4387 (Gen. Stat. 1923):
Special provision is made for the payment of benefits for injuries to
employees of the commissioner of highways, a condensed proceeding being
embodied in the sections noted. Awards made are chargeable to the trunk
highway fund apportioned to the department in which the injured employee
was engaged at the time of the accident on account of which compensation
was paid.
A separate section declares that compensation awards against any county,
city, town, village, or school district are a preferred claim against such entity,
and shall be paid out of Its general funds. The act is to be liberally construc d
in order to effect prompt payment of such claims.]
Administration
[The following sections of the General Statutes of 1923 contain provisions
as to the administration of the compensation law.]
S e c t i o n s 4032-4047. [These sections provide for a continuation of the depart
ment of labor and industries under the control and management of the S t a t e
industrial commission. The commission consists of three members appointed
by the governor, by and with the advice and consent of the senate, for terms
of six years, one term expiring each two years. Not more than two com
missioners may belong to tbe same political party and such persons are to
be appointed as will fairly represent the interests of all concerned in the
administration of the act. Salaries are $4,500 each, and commissioners m u s t
devote their entire time to the duties of their offices. The governor m a y
remove for inefficiency, neglect of duty, or malfeasance in office, after hearing.
A majority constitutes a quorum, and the department must be open for
business continuously, except Sundays and holidays, during the business hours.
A seal is provided for, and a departmental secretary at a salary not to e x c e c d
$3,500, with such other officers and employees as may be necessary for t h e
exercise of its powers, all to be appointed by the commission with complete
and absolute power of removal. The division of workmen's compensation
is one of those named as constituting the department of labor and industries,
the administration of the compensation law being conferred and imposed cn
the industrial commission.]
MISSOURI
A CTS OF 1925
Workmen*8 compensation *
(T a g e
375)
S e c t i o n 1. Title.—This act shall be known as the workmen's compensation
act.
Sec. 2. Presumption of election.—Every employer and every employee, except
as in this act otherwise provided, shall be conclusively presumed to have
elected to accept 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 commis
sion a written notice withdrawing the rejection. All such notices shall take
effect on the day of their receipt by the commission. They snail 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 com
mission 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.
Sec. 3. Remedy exclusive.—If both employer and employee have elected to
accept the provisions of this act, the employer shall be liable irrespective o f
negligence, to furnish compensation under the provisions of this act for per
sonal injury or death of the employee by accident arising out of and in ttfe
course of his employment, and shall be released from all other liability there
for 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, his wife, her husband, parents, personal repre
sentatives, dependents, heirs, or next kin, at common law or olherwise, on ac
count of such accidental injury or death, except such rights and remedies as
are not provided for by this act. No compensation shall be allowed under this
act for the injury or death due to the employee’s intentional, self-inflicted
injury, but the burden of proof of intentional, self-inflicted injury shall be on
the employer or the person contesting the claim for allowance. Where the
injury is caused by the failure of the employer to comply w’ith any statute in
this State, or any lawful order of the commission, the compensation and death
benefit provided for under this act shall be increased 35 per cent. Where the
injury is caused by the willful failure of the employee to use safety devices
where provided by the employer, or from the employee’s failure to obey any
reasonable rule adopted by the employer for the safety of employees, which
rule has been kept posted in a conspicuous place on the employer’s premises,
the compensation and death benefit provided for herein shall be reduced 15
per cent: Provided, That it is shown that the employee had actual knowledge
o f said rule so adopted by the employer: And provided further, That the em
ployer had, prior to the injury, made a diligent effort to cause his employees
to use said safety device or devices and to obey or follow said rule so adopted
for the safety of said employees.
Sec. 4. Hazardous employment.— (a) A major employer shall mean an em
ployer who has more than 30 employees regularly employed.
(b) A minor employer shall mean an employer who has 10 or less employees
regularly employed.
(c) If any employee of a minor employer files with the commission a writ
ten complaint that such employer is engaged in an occupation hazardous to
employees, the commission shall issue an order to show cause returnable within
10 days thereafter requiring such employer to appear and show cause why he
1 T h e o p e r a t io n o f t h is a c t w a s s u s p e n d e d b y a p e t it io n f o r a r e fe r e n d u m v o te , w h ic h
w a s ta k e n N ov . 2 , 1 9 2 0 .
T h e v o t e n u s ta in e d t h e la w a n d i t b e c a m e e f fe c t iv e N o v . 1 0 ,
1 9 2 6 , e x c e p t a s t o it s c o m p e n s a tio n fe a tu r e s , w h ic h w ill b e c o m e e ffe c t iv e J a n . 7 , 1 9 2 7 .
306
TEXT OP LAWS— MISSOURI
307
should not be required to accept or reject the provisions of this act, or such
order may be issued by the commission upon its own motion. Upon hearing the
commission shall determine whether or not such employer is engaged in an
occupation hazardous to employees and if the commission determines that such
employer is engaged in an occupation hazardous to employees, such employer
shall be conclusively presumed to have accepted the provisions of this act
unless he rejects the same within 10 days thereafter. The commission may
review its decision with reference to the hazardous nature of such employment,
or such decision may be reviewed by the full commission in the same manner
that awards of the commission may be reviewed under sections 42 and 43 o f
this act, and appeals may be had in the manner provided in section 44.
(d)
If any minor employer, who has been determined to be engaged in an
occupation hazardous to employees, or any major employer has elected to reject
the provisions of 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 servant, 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.
(c)
Any employer who has accepted the provisions of this act may exempt
himself from the provisions of the same with respect to any individual em
ployee whose employment is not hazardous by filing with the commission the
written consent of such employee to such exemption. Such consent shall de
scribe the nature of the employment and be signed by the employee and must
be approved by the commission: Provided, That the commission shall not
approve of such exemption unless it deems such employment nonhazardous:
And provided further, That such employee may at any time thereafter before
injury revoke such consent by filing a written revocation thereof with the com
mission. The commission shall thereupon notify the employer of such revo
cation.
Sec. 5. Exemption8.—Sections 2, 3, and 4 of this act shall not apply to any
of the following employments:
First: Employments by the State, county, municipal corporation, township,
school or road, drainage, swamp, and levy districts, or school board, board of
education, regents, curators, managers, or control commission, board or any
other political subdivision, corporation, or quasi corporation thereof.
Second: Employments of farm labor and domestic servants including family
chauffeurs.
Third: Employments which are but casual or not incidental to the operation
of the usual business of the employer.
Fourth: Employment 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 unde* the control
or management of the employer.
Fifth: Employments by minor employers not determined to be engaged in an
occupation hazardous to employees. Any employer in this section exempted
from the operation of sections 2, 3, and 4 of this act may bring himself within
the provisions of this act by filing with the commission notice of his election
to accept the same, and by keeping posted in a conspicuous place on his prem
ises a notice thereof to be furnished by the commission, and any employee
entering the services of such employer and any employee remaining in such
service 30 days after the posting of such notice shall be conclusively presumed
to have elected to accept this act unless he shall have filed with the commis
sion and his employer a written notice that he elects to reject this act.
S ec.
Who are employers.—The word “ employer ” as used in this act shall
be construed to mean:
(a)
Every person, partnership, association, corporation, trustee, receiver,
the legal representatives of a deceased employer, and every other person, in
cluding any person or corporation operating a railroad and any public service
corporation, using the service of another for pay.
(ft) The State, county, municipal corporation, township, school, or road,
drainage, swamp, and levy districts, or school boards, board of education,
regents, curators, managers or control commission, board or any other political
subdivision, corporation, or quasi corporation, or cities under special charter,
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or under tbe commission form of government, which elects to accept this act
by law or ordinance.
(c) Any reference to the employer shall also include his insurer.
Sec. 7. Dcfinitmm.— ( a) The word “ employee ” as used in this act shall be
construed to moan every person in the service of any employer, as delined in this
act, under any contract of hire, express or implied, oral or written, or under
any appointment or election, but shall not include persons whose average
annual earnings exceed $3,600. Any reference to any employee who has been
injured shall, when the employee is dead, also include his dependents, and
other persons to whom compensation may be payable. The word “ emploj'ee ”
shall also include all minors who work for an employer, whether or not such
minors are employed in violation of law, and all such minors are hereby made
of full age for all purposes under, in connection with, or arising out of this act.
(6) The word “ accident” as used in this act shall, unless a different mean
ing 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 there
from. The said terms shall in no case be construed to include occupational
disease in any form, nor shall they be construed to include any confrudous or
infectious disease contracted during the course of the employment, nor shall
they include death due to natural causes 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 occur
ring within 300 weeks after the accident: Provided, That nothing in this act
contained shall be construed to deprive employees of their rights under the
laws of this State pertaining to occupational diseases.
(o)
Without otherwise affecting either tbe meaning or interpretation of tbe
abridged clause, “ personal injuries arising out of and in the course of such
employment,” it is hereby declared not to cover workmen except while engaged
in or about the premises whore their duties are being performed or whore their
services require their presence as a part of such services.
(<£) An employee who is employed by the same employer for more than five
and one-half consecutive work days shall for the purpose of this act be con
sidered a regular and not a casual employee.
(e)
The term “ total disability” as used in this act shall mean inability to
return to any employment and not merely inability to return to the employ
ment in which the employee was engaged at the time of the accident.
Sec. 8. Relief fund#.—Nothing in this act shall be construed as amending or
repealing any statute or ordinance relating to associations or funds for the
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 estab
lished, 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 propor
tionate to the amount then being contributed to such fund by such employer,
which deductions shall bo 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.
Sec. 0. Joint employers.—If the injury or death occurs while the employee is
in the joint service of two or more employers, their liability shall be joint and
several, and tbe employee may hold any or all of such employers. As between
themselves such employers shall have contribution from each other in the pro
portion of their several liability for the wages of such employee, but nothing
in this act shall prevent such employers from making a different distribution
of their proportionate contributions as between themselves.
Sec. 10. Liability of principals.— (a) Any person who has work done under
contract on or about his premises which is an operation of the usual business
which he here carries on shall be deemed au employer and shall be liable under
this act to such contractor, his subcontractors, and their employees, when in
TEXT OF LAWS— MISSOUBI
309
jured or killed on or about tlie promises of the employer while doing work
which is in the usual course of liis business.
(6)
The provisions of this section shall apply to the relationships of landlord
and tenant and lessor or lessee when created for the fraudulent purpose of
avoiding liability, but not otherwise. Iu such cases the landlord or lessor shall
be deemed tho 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 independent contractor shall be deemed
to be the employer of the employees of his subcontractors and their subcon
tractors when employed on or about the premises where the principal contractor
is doing work.
( d) In all cases mentioned in the preceding subsections the immediate con
tractor 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 of any party. The liability of the immediate employer shall l>e
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 attorney’s foes and expenses of the suit. Such recovery may be had on
motion in the original proceedings. No such employer shali bo liable as in this
section provided if the employee was insured by his immediate or any inter
mediate employer.
Sec. 11. Alternative remedies.—Where a third person is liable to the em
ployee or to the dependents for the injury or death, the employer shall be sub
rogated to the right of the employee or to tlie dependents against such third
person, and the recovery by such employer shall not be limited to (he amount
payable as compensation to such employee or dependents, but such employer
may recover any amount which such employee or his dependents would liave
been entitled to recover. Any recovery by tlie employer against such third
person iu excess of the compensation paid by the employer, after deducting tlie
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.
Sec. 12. Federal lares; injuries outside State.— (-a) This act shall apply to
all cases within its provisions, except those exclusively covered by any Federal
law.
(6)
This act shall apply to all injuries received in this State, regardless of
where the contract of employment was made, and also to all injuries received
outside of this State under contract of employment made in this State, unless
the contract of employment in any case shall otherwise provide.
Sec. 33. Medical, etc., aid.— (a) In addition to all other compensation, the
employee shall receive and the employer shall provide such medical, surgical,
and hospital treatment, including nursing, ambulance, and medicines, as may
reasonably be required for the first 60 days after the injury or disability to
cure and relieve from the effects of the injury, not exceeding in amount the
sum of $250, and thereafter such additional similar treatment within ono year
from the date of the injury as the commission by special order may determine
to be necessary. If the employee desires, ho shall have the light to select his
own physician, surgeon, or other such requirement at his own expense. Whore
such requirements are furnished by a public hospital or other institution, pay
ment therefor shall be made to the proper authorities.
(b) If it be shown to the commission that such requirements are being fur
nished in such manner that there is reasonable ground for believing that the
life, health, or recovery of the employee is endangered thereby, the commis
sion may order a change in the physician, surgeon, hospital, or other require
ment.
(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 Much
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 an em
ployee, if and in so far as the same may be caused, continued or 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
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an operation made necessary by the injury, such death shall be deemed to be
caused by the injury.
(#) The testimony of any physician who treated the employee shall be ad
missible in evidence in any proceedings for compensation under this act.
(f)
Every hospital or other person furnishing the employee with medical
aid shall permit its record 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 e c . 14. Waiting time.— (a) Except as provided in section 13, no compensa
tion shall be payable for the first three days or less of disability unless the
disability shall last longer than four weeks.
(&)
Compensation shall be payable as the wages were paid prior to the in
jury, but in any event at least once every two weeks. Each installment shall
bear interest at the rate of 6 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, but in no case shall the compensation exceed $20 a
week.
(c)
The employer shall be entitled to credit for wages paid the employee
after the injury, and for any sum paid to or for the employee or his depend
ents on account of the injury except for liability under section 13.
Sisc. 15. Temporary total disability.—For temporary total disability the em
ployer shall pay compensation for not more than 400 weeks during the con
tinuance of such disability, but not less than $6 nor more than $20 a week
with full wages if the average earnings amount to less than $6 a week.
S ec.
16. Temporary partial disability.—For temporary partial disability
compensation shall be paid during such disability, but not for more than 100
weeks, and shall be 66% per cent of the difference between the average earn
ings prior to the accident and the amount which the employee, in the exercise
of reasonable diligence, will be able to earn during the disability, to be de
termined 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, $20 per
week.
Sec. 17. Permanent partial disability; schedule.— (a) For permanent partial
disability, in lieu of all other compensation, except that provided under section
13 of this act, the employer shall pay to the employee 66% per cent of his aver
age earnings as computed in accordance with section 22, but not less than $6
-'nor more than $20 per week, for the i>eriods hereinafter provided:
W eeks
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
38.
19.
20.
21.
Loss of major arm at shoulder--------------------------------------------------------232
Loss of minor arm at shoulder--------------------------------------------------------- 212
Loss of major arm between shoulder and elbow____________________ 222
Loss of minor arm between shoulder and elbow---------------------------------200
Loss of major arm at elbow joint__________________________________ 210
Loss of minor arm at elbow joint_________________________________ 390
Loss of major arm between elbow and wrist______ __________________200
Loss of minor arm between elbow and wrist_______________________ 180
Loss of major hand at the wrist joint---------------------------------------------- 175
Loss of minor hand at the wrist joint_____________________________ 160
Loss of thumb of major hand at proximal joint_____________________ 60
Loss of thumb of minor hand at proximal joint_____________________
55
Loss of thumb of major hand at distal joint_________________________ 45
Loss of thumb of minor hand at distal joint________________________ 34
Loss of index finger at proximal joint, major hand__________________ 45
Loss of index finger at proximal joint, minor hand__________________ 40
Loss of index finger at second joint, major hand____________________ 35
Loss of index finger at second joint, minor hand____________________
30
Loss of index finger at distal joint, major hand______________________ 30
Loss of index finger at distal joint, minor hand_____________________
26
Loss of either the middle or ring finger at the proximal joint, major
hand ___________________________________________________________ 35
22. Loss of either the middle or ring finger at the proximal joint, minor
hand ___________________________________________________________ 30
23. Loss of either the middle or ring finger at second joint, major hand___ 30
24. Loss of either the middle or ring finger at second joint, minor hand___ 26
TEXT OF LAWS— MISSOURI
311
Weeks
25. Loss of either the middle or ring finger at the distal joint, major
hand______ •__________________________________________________
26
26. Loss of either the middle or ring finger at the distal joint, minor
hand----------------------------------------------------------------------------------------24
27. Loss of little finger at proximal joint, major hand--------------------------22
28. Loss of little finger at proximal joint, minor hand_________________
16
20
29. Loss of little finger at second joint, major hand____________________
30. Loss of little finger at second joint, minor hand__________________
16
31. Loss of little finger at distal joint, major hand____________________
16
82. Loss of little finger at distal joint, minor hand___________________
13
33. Loss of one leg at the hip joint or so near thereto as to preclude
the use of artificial limb_______________________________________
207
84. Loss of one leg at or above the knee, where the stunvp remains
sufficient to permit the use of artificial limb__________________
160
85. Loss of one leg at or above ankle and below knee joint_____________
155
86. Loss of one foot, in tarsus_______________________________________
150
110
87. Loss of one foot, in metatarsus__________________________________
88. Loss of great toe of one foot at proximal joint____________________
40
39. Loss of great toe of one foot at distal joint-----------------------------------22
40. Loss of any other toe at proximal joint___________________________
14
41. Loss of any other toe at second joint_______________ ;____________
10
42. Loss of any other toe at distal joint_____________________________
8
43. Complete loss of one eye-----------------------------------------------------------118
44. Complete loss of the sight of one eye_____________________________
108
45. Complete deafness of both ears___________________________________
168
46. Complete deafness of one ear, the other being normal______________
44
For permanent injuries other than those above specified, the said compensa
tion shall be paid for such periods as are proportionate to the relation which
the other injury bears to the injuries above specified, but no such period shall
exceed 40 weeks. Such other injuries shall include permanent injuries causing
a loss of earning power. The total, permanent loss of the use of an arm, hand,
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 compensation shall be paid for the same period as for the loss
thereof by separation. 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. If an employee be seriously mutilated or permanently
disfigured about the face or head, the commission may allow such additional
sum for the compensation on account thereof, as it may deem just, based upon
the handicap suffered by the injured employee in obtaining employment, but
such sum shall not exceed $1,000.
(b)
In all claims for compensation for hernia resulting from injury arising
out of and in the course of the employment, it must be definitely proved to
the satisfaction of the commission: First, that there was an accident resulting
in hernia; second, that the hernia appeared suddenly, accompanied by intense
pain; third, that the hernia immediately followed 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.
Sec. 18. Permanent total disability.— (a) For permanent total disability
compensation shall be paid on the basis of 66% per cent of the average annual
earnings during 300 weeks, and thereafter on the basis of 25 per cent of the
average annual earnings, for life, but not less than $6 nor more than $20
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
and in all other cases permanent total disability shall be determined in
accordance with the facts.
Sec. 19. Second injury.— (« ) All cases of permanent disability where there
has been a previous disability, shall be compensated on the basis of the average
annual earnings at the time of the last injury. If the condition resulting from
the last injury is a permanent partial disability, there shall be deducted from
the resulting condition the previous disability as it exists at the time of the
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last iisjury, and compensation shall bo pil’d for the difference. If the resulting
conuMi'rti be a permanent total disability, the compensation therefor shall be
iwo-tjjirds of that fur permanent total disability in other cases.
(it) If more than one injuiy in the .same employment causes concurrent
temporary disabilities, compensation shall bo payable only for the longest
and largest paying disability.
(c) If more than one injury in the same employment causes concurrent
and consecutive permanent disability, compensation payments for each subse
quent disability shall not begin until the end of the compensation period of
the prior disability.
20.
Death of workman receiving benefits.—The death of the injured
ployee shall not affect the liability of the employer to furnish compensation
as in this act provided, so far as such liability has accrued and become pavable
at the time of the death, and pay accrued and unpaid compensation duo the
employee shall be paid to his dependents without administration, or if there
be no dependents, to his personal representative or other persons entitled
thereto, but such death shall be deemed to be the termination of the disability.
Where an employee is entitled to compensation under this act for an injury
received and death ensues from any cause not resulting from tho injury for
which he was entitled to compensation, payments of the unpaid unaccrued
balance for such injury shall cease and all liability therefor shall terminate
unless there be surviving dependents at the time of such death.
Sec. 21. Compensation for death.—If the injury causes death, either with or
wirhont disability, the compensation therefor shall be as provided in tl\*s
section.
(«) In all cases the employer shall pay direct to the persons furnishing
the same the reasonable expense of the burial of tho deceased employee not.
exceeding ,$150, and, if not covered by the provisions of section 13, the reasonable
expense of his last sickness not exceeding $290. But no person shall be entitled
to compensation for the burial expenses of a deceased employee unless lie
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
■Mich 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 benefits in th!s subsection
provided shall be the limit of the liability of the employer under this act on
account of such death.
(b) The employer shall also pay to the total dependents of the employee a
single total death benefit, the amount of which shall be determined in rhe fol
lowing manner, to w it: There shall first be determined as a basis for computa
tion 66% per cent of the employee's average weekly earnings during the yen*
immediately preceding the injury as provided in section 22 an'l such Simon:?!
shall then be multiplied by 300 and the amount so determined shall be the
amount of such death benefit. The death benefit provided for shall bo payable
in installments in the same manner that compensation is required to be
paid under this act, but in no case less than at the rate of $6 per week nor
more than $20 per week. There shall, however, be deducted from such death
beuefit any compensation which may hnve been paid to the employee during his
lifetime for the injury resulting in his death. If there be a total dependent or
total dependents as the case may be, no death benefit shall be payable to partial
dependents, or any other persons except as provided in paragraph (a) of this
section.
(c) If there be partial dependents, and no total dependents, a part of llie
death benefit herein provided in the case of total dependents, determined
by the proportion of his contributions to all partial dependents by the em
ployee at the time of the injury, shall be paid by the employer to each of such
dependents proportionately.
(d) 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 de
pendent 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 totally
TEXT OF LAWS— MISSOURI
313
dependent for supi>ort upon a deceased employee in the following order and
any death benefit shall be payable in the following order, to w it:
1. A wife upon a husband legally liable for her support, and a husband
mentally or physically incapacitated from wage earning upon a wife: Pro
vided, That 011 the death or remarriage of a widow, the death benefit shall
cease unless there be other dependents entitled to any unpaid remainder of
such death benefit under this act.
2. A natural, posthumous, or adopted child or children, whether legiti
mate or illegitimate, under the age of 18 years, or over that age if physically or
mentally incapacitated from wage earning, upon the parent with whom he is
living at the time of the death of such parent, there being no surviving de
pendent parent or step-parent. In case there is more than one child thus
dependent, the death benefit shall bo divided among them in such proportion
as may be determined by the commission after considering their ages and
other facts bearing on such dependency. In all other cases questions o j " total
or partial dependency shall be determined in accordance with the facts at the
time of the injury, and in such other case3, 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 installments
in the same manner as provided for disability compensation.
if) Every employer shall keep a record of the correct names and addresses
of the dependents of each of his Employees, and upon the death of an employee
by accident arising out of and in the course of his employment, shall so far
as possible immediately furnish the commission with said names and addresses.
S eo . 22. Basin for computing compensation.— The basis for computing th«
compensation provided for'in this act shall be as follows:
(a) The compensation shall be computed on the basis of the annual earn
ings 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.
(&)
Employment by the same employer shall be taken to mean employment
by the same employer in the grade in which the employee was employed at the
time of the accident uninterrupted by absence from work due to illness or any
other unavoidable cause.
(c) If the injured person has not been engaged in the employment of the
same employer for the full year immediately preceding the accident, the com
pensation shall be computed according to the annual earnings which persons
of the same class in the same employment and same location (or if that be
impracticable, of neighboring employments of the same kind) have earned
during such period.
(d) As to employees in employments in which it is the custom to operate
throughout the working-days of the year, the annual earnings, if not otherwise
determinable, shall be regarded as 300 times the average daily earnings in such
computation.
(e) As to employees in employments hi 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 earnings: Provided, The minimum
number of days which shall be so used for the basis of the year's work shall
be not less than 200.
(f) In the case of injured employees who earn either no wage or less than
the earnings of adult day laborers in the 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) In computing the annual earnings there shall be included the reasonable
value of board, rent, housing, lodging, and fuel received from the employer as a
part of the remuneration of the employee and which can be estimated in
money, and the value of gratuities customarily received by consent of the
employer, in the usual course of business from persons other than the
employer, but there shall not be included the wages of helpers or any sums
which the employer paid to the employee to cover any special expenses entailed
on him by the nature of the 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
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compensation under the terms of this act, the compensation for each subsequent
injury shall be apportioned according to the proportion of incapacity and dis
ability caused by the respective injuries which he may have suffered.
(t) 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.
U) In computing the compensation to be paid to any minor, the increased
earning power of such minor until he attains the age of 21 years shall be
taken into consideration, and in nil cases in which it is found by the commission
that the employer knowingly employed a minor in violation of the child labor
law of this State, 50 per cent additional compensation shall be allowed.
Sec. 23. Preference; asMfjnmcHts, etc.— [Compensation claims and awards
are not assignable and are exempt from attachment, garnishment, or execution,
nor are they subject to set-off or counterclaims or in any way liable for debt.
They have the same preference and priority against the employer as claims for
wages, but are subject to a lien for reasonable attorney's fees allowed by the
commission.]
Sec. 24. Other benefits.— [No savings, insurance, or other benefit shall be
considered in determining the amount of compensation due an injured work
man under this act.]
S e c s . 25-33. Insurance.— [Employers under the act must insure their lia
bility thereunder with an authorized insurance carrier unless the commission
is satisfied of an employer’s ability to carry his own risk in whole or in part.
If the employer fails to comply with these requirements, action may be brought
against him as though he had rejected the act, or compensation may be
claimed with the payments commuted and immediately payable. Self insurers
in default of any installment of compensation may be required to furnish
security for such payment, which failing, all unpaid compensation shall be
commuted and immediately payable. Employers in the mining business are
required to insure only to the extent of the maximum liability for 10 deaths
in any one accident, the employer being permitted to carry his own risk for
any excess liability. No part of the cost of the insurance may be collected
from or paid by any employee.
If an employer is not insured his liability is primary and direct; if insured,
the insurer is primarily liable to the injured employee or his dependents. Evi
dence of insurance may be required, and failure to produce the same is prima
facie evidence of faiiure to insure, rebuttable by an entry of appearance by
the insurer. An insured employer is not liable except in case of default by
the insurer. Service and jurisdiction of the employer covers also the insurer.
Policies must conform to the provisions of the act and be approved by the
superintendent of the insurance department, and contain an agreement to
accept the provisions of the act, which are to be enforceable notwithstanding
any default of the employer. Premium rates must be fair, reasonable, and
adequate, with due allowance for merit rating. Classifications of risks and
premium rates together with a system of schedule or merit rating must be
filed with the insurance commissioner and are effective on his approval: or
he may approve and issue a system of schedule rating for all insurance car
riers. Hearings may be had as to fairness, reasonableness, and adequacy, and
no insurance may be written at rates less than those approved, and application
of rates and merit ratings to the various risks must be clearly set forth in the
insurance contracts. Participating policies may be written, and the provisions
of this section as to rates and classifications do not apply to reciprocal, interinsurance, or mutual companies, except that the classification must be approved
and the rates be not less than those approved by the superintendent of insur
ance as adequate. Reserves must be maintained, and the superintendent of the
insurance department may require reports to be made, and may inspect books
and records for the purpose of determining the solvency of the insurer or the
fairness, reasonableness, and adequacy of its rates. The right to insure may
be suspended or revoked for violations of the act or for unreasonable failure
or delay to pay compensation as finally awarded. Substitute schemes may be
eutered into between the employers and their employees subject to the approval
of the superintendent of the insurance department. At least equivalent benefits
must lie provided, with added benefits if contributions are required from the
employees. Such schemes may be terminated if found not fairly administered
or in danger of insolvency.]
TEXT OF LAWS— MISSOURI
315
Sec. 34. Reports.— [Employers must report witbin JO days after knowledge
thereof of an accident resulting in personal injury to an employee, and within
one month give full and complete reports of the injury or death for which
the employer will be liable to furnish medical aid or compensation, such duties
devolving upon all employers whether under the act or not. Employers, insur
ers, employees, and their dependents are required to fill out all blanks received
from the commission, and a good, and sufficient reason shall be given for
failure to answer any question. Information is confidential save by order of
the commission but may be used at hearings and for statistical purposes. |
Sec. 35. Compromise .'fettlewent a.— [Nothing in this act is to be construed as
preventing voluntary agreements which are valid only when approved by the
commission and found in accordance with the rights given by the act. No
such agreement is valid unless made after seven days after the injury or
death, nor may any agreement to waive an employee's right be made. |
S ec . 36. Duty of commission as to accidents; notices.— [When the commis
sion receives notice of an accident it must forward to the employer and to the
employee* or his dependents a form of agreement of settlement in accordance
with the provisions of the act; the same to be properly executed by both
parties and returned to the commission. If the employer disputes the claim
and refuses to execute the agreement, the commission is to assist the claimant
in filing his claim and securing its early determination. The commission also
has the duty of seeing that payments under executed agreements are promptly
made, and of hearing disputes with reference thereto. The parties may file
an agreed statement of facts with the commission, together with their agree
ments. and if these are approved, the commission makes an award of compen
sation accordingly.]
Sec. 37. Discrimination.— [Employers discharging or discriminating against
employees for exercising their rights under this act are guilty of a misdemeanor
punishable by fine or imprisonment or both.]
Secs. 38-47. Procedure.— IClaimants must give notice within 30 days after
the accident, stating the time, place, and nature of the injury, unless the com
mission finds that there is good cause for failure to give such notice or that
the employer is not prejudiced by failure to receive it. No defect or inac
curacy will invalidate unless actually misleading or prejudicial. Claims must
be filed within six months subject to the provisions as to legal disability from
minority or insanity.
If the parties fail to agree, or having agreed a subsequent disagreement
arises, either party may apply to the commission for a hearing. The parties
shall be informed of the date set for bearing at which time the parties and
their representatives and witnesses may be heard in a summary proceeding.
Evidence will be reported by a stenographer and a eopy of the award mailed
to the parties in dispute and the employers insurer. The commission may on
its own motion or on application of either party review and modify awards
on the ground of a change in conditions, but such review shall not affect prior
payments. If application is made for a review of an award within 10 days
from its date, the full commission, if the first hearing was not held before it,
will review the evidence or. if deemed advisable, hear the parties and their
witnesses and make an award which will be final unless either party within
30 days appeals to the circuit court of the county. No additional evidence
will be heard on such appeal, and in the absence of fraud the findings of fact
made by the commission within its powers will be final. The court may con
sider questions of law and modify, reverse, remand, or set aside an award
only if the commission acted without or in excess of its powers, if the award
was procured by fraud, if the facts found do not support it, or if there was
not sufficient- competent evidence in the record to warrant the making of
such award. Appeal may be taken from the circuit court as in civil cases,
such proceedings having precedence over all other cases except election con
tests. Costs are assessed as in civil cases.
Any party in interest may file in the circuit court of the county a certified
copy or a memorandum of agreement approved by the commission, or an award
or order of the commission not appealed from, on which the court shall render
judgment in accordance therewith, with the same effect as a judgment ren
dered in a suit at law. Such judgment will be modified in accordance with
any modification made by the commission on grounds of change in condition.
1965°—26----- 21
316
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
Temporary or partial awards may be made subject to modification to meet
tlie needs of the case, being kept open until a final award can he made. If
such award is not complied with the amount thereof may be doubled in the
final award if it is in accordance with such temporary or partial award.
Notice may be served by registered mail or in like manner as summons in
civil actions.]
Secs. 18, 49. Commutation*— [Compensation may be commuted in whole or
in part to lump sums based on the present worth calculated with interest at
4 per cent with annual rests. Either party may apply ior such commutation
with due notice to the other, and if it appears that it is to the best interest,
of the beneficiary or that it will avoid undue expense or hardship to either
party, that the beneficiary is about to remove from the United States, or that
the employer has sold or otherwise disposed of the greater part of his busi
ness or assets, it may be allowed. Commutation is said to be a departure from
the normal method of payment and is to be allowed only when clearly war
ranted by unusual circumstances.
Unpaid amounts may be discharged on notice to beneficiary by a payment
of the ccmmutable value of such payments to some responsible person or by
depositing the same with the commission to be disbursed to the beneficiary as
the commission shall determine.]
Sec. 50. Medical examinations.— [An injured employee must submit from
time to time during his disability to reasonable medical examination at the
request of his employer, his insurer, or the commission. He may have his
own physician present. Any refusal or obstruction forfeits compensation for
the i>eriod of its continuance unless in the opinion of the commission the cir
cumstances justified such refusal or obstruction. A physician may be api minted
at the instance of the commission to examine the injured employee and report
costs to be fixed and allowed as other costs under the act. Certified copies
of the proceedings in an inquest are admissible as evidence in proceedings for
compensation, and the coroner must give notice of the inquest to the employer
and the dependents of the employee, who shall have the right to cross-ox a mine
the witnesses. Post mortem examinations may be authorized in extraordinary
cases.]
Sncs. 51-55. Miscellaneous provisions.— [Proceedings are to be informal and
summary, in accordance with regulations adopted by the commission. The
commission or any commissioner may subpoena witnesses, administer oaths,
require the production of books and papers, and secure depositions. Parlies
are entitled to proceedings to compel the attendance of witnesses and the pro
duction of evidence. Fees and mileage are allowed as in civil cases, costs to
be approved by the-commission and paid out of the State treasury from the
compensation administration fund. Persons failing to obey subpumas or to
answer when examined or produce books and papers are guilty of a mis
demeanor and may be fined or imprisoned, or both. Death does not abate
proceedings, which may be revived on notice to the parties and proceed in
favor of the successor to the rights or against the personal representative
of the party liable, as in civil actions.
Any person making or couspiring to make false or fraudulent claims under
the act or payments of coui]>ensation to persons not entitled, or by fraud or
deceit to procure for another benefits to which they are not entitled, or to pay
less than is due under the act, is guilty of a misdemeanor.]
S kcs. 5tM56. Workmen's compensation commission.— [A commission consist!tig
of three members appointed by the governor, by and with the advice and con
sent of the senate, is to serve for terms of six years each, one term expiring
each two years. One member shall be learned in the law. and one each shall he
representative of employers and employees. Not more t.hau two may be from
the same political party. Salaries of $4,500 are provided. Full-time service is
required, and service on any committee of any political party during the term
of office is forbidden. The commission has a seal, may appoint a secretary at a
salary of $2,600 per annum, and employ such persons as may be necessary for
the proper administration of the act, with salaries fixed by it and approved by
the governor within prescribed limits. A medical examiner at not more than
$4,000 per annum may be appointed. The attorney general of the State is to be
the legal adviser of the commission.
The commission is to prepare and furnish free of charge necessary blank
forms, is to maintain offices at the capitol and in St. Louis and Kansas City,
the main ofiice to be at the capitol, and to make necessary rules and regulations.
TEXT OP LAWS— NTISSOTJBI
3 17
Original proceedings are to be held in the county and city where the accident
occurred, unless the parties otherwise agree, or in the county where the con
tract of employment was made if the accident occurred outside the State.
Hearings on review may be at such places as the commission may determine,
having regard for the convenience of the parties. Certain fees are prescribed
as for copies of papers and records, the rate being fixed by the statute. Public
officers must furnish the commission free of charge a certified copy of any docu
ment 011 file in their office, and must file documents received from the commis
sion without fee. Annual re]H>rts of the oi>erations of the law and transactions
and proceedings of the commission are to be made to the governor.]
S e c s . 07-71. Administration fund.— LEvery person, partnership, or other
organization writing insurance under this act in the State must pay a tax of
2 per cent on the deposits or premiums received on account of business in the
State in lieu of all other taxes on such deposits or premiums. The superin
tendent of insurance may suspend delinquent companies, and companies with
drawing from the State must pay taxes due. Employers carrying their own
risk must likewise pay a tax on the same basis as taxes are assessed against
insurance carriers. The funds thus raised are for the expenses of admin
istering this act, and any appropriations made to the fund out of the general
revenue fund are to be reimbursed as the commission may from time to time
determine.]
S ecs . 72-78. Violations; construction, etc.— [Any person assuming to act as
agent of an insurance carrier whose right to do busiuess has been suspended, or
who willfully makes false or fraudulent statements or refuses to comply with
the provisions of the act. is guilty of a misdemeanor. A general provision
covers any person, corporation, or agent of same, who violates any provisions
of the act.
Properly mailing a notice is sufficient compliance with the requirement to
give notice, and the act is to be liberally construed with a view to the public
welfare, a substantial compliance being sufficient to give effect to the rules,
orders, etc.. of the commission which are not to be declared void for any tech
nical omission. The provisions of the act are severable, and if part is found
unconstitutional the validity of the remaining portions will not be affected
thereby. Inconsistent acts are repealed.]
MONTANA
REVISED CODES—POLITICAL CODE—1921
C h a p ter
213.— Workmen's compensation
S ections 2816-2818. Arrangement of act.— [The act is arranged in live
parts, and presents three plans of coinix'nsation, besides safety provisions.
The term “ compensation provisions ” includes all three plans of cornp. nsation.]
S ecs . 2819-2835. Industrial accident board.— [A board consisting of three
members is created, one to be appointed by the governor, tbe other two
being the commissioner of agriculture, labor, and industry and the State
auditor. The appointed member serves for four years and until his suc
cessor is appointed and qualified, at a salary of $5,000, and is to be chairman
of tbe board. He may be removed only for cause and after hearing had by the
other two members, who must concur if the removal is effected. The ex officio
members receive no additional compensation for service on the board. A
majority of the board constitutes a quorum, it has a seal, and is to keep its
principal office in the capital of the State. The board may appoint a secre
tary and such assistants and other employees as it may deem necessary,
receiving such salaries and serving for such terms as the board may direct.
All expenses are to be paid from the industrial administrative fund. The
board is to prepare blank forms needed for the administration of the act,
publish and distribute reports and bulletins, and collect prescribed fees for
certain services. The attorney general of the State is it? legal advisor.]
Seo. 2836. Defemes.— [The common-law defenses are abrogated in actions
for damages for personal injuries to employees sustained in the course of
employment.]
S ec . 2837 (as amended 1925, ch. 123). Farm,, etc., labor.—The provisions of
section 2836 shall not apply to actions to recover damages for personal injuries
sustained by household and domestic servants or those employed in farming,
dairying, agricultural, viticultural, and horticultural, stock or poultry raising,
or engaged in the operation and maintenance of steam railroads conducting
interstate commerce, or persons whose employment is of a casual nature.
Six\ 2838. Employers accepting the act.—Any employer who elects to pay
compensation as provided in this act shall not be subject to the provisions
of section 2836, nor shall such employer be subject to any other liability what
soever for the death of or personal injury to any employee except as in this
jc-t provided; and, except as specifically provided in this act, all causes of
« ion, actions at law, suits in equity, and proceedings whatever, and all statu
tory and common-law rights and remedies for, and on account of such death of,
or personal injury to. auy such employee are hereby abolished: Provided,,
That section 2836 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.
Sfjc. 2839. Remedy exclusive, when.—Where both the employer and employee
have elected to come under this act, the provisions of this act shall be
exclusive, and such election shall be held to be a surrender by such employer
and such employee of their right to any other method, form, or kind of com
pensation, or determination thereof, or to any other compensation, or kind of
determination thereof, or cause of action, action at law, suit Iji 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 representa
tive 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.
318
TEXT OF LAWS— MONTANA
319
Sec. 2840. Public employments.—Where a public corporation is the em
ployer, or any contractor engaged in the performance of contract work for
such public corporation, the terms, conditions, and provisions of compensation
plan No. 3 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 aud necessary
expense of such corporation, and the governing body of such public cor
poration shall make appropriation of and pay such sums into the the acci
dent or administration fund, as the case nuiy be, at the time and in the
manner provided for in tills act, notwithstanding that such governing body
may have failed to anticipate such ordinary and necessary expense in any
budget, estimate of expenses, appropriations, ordinances, or otherwise. When
ever any contractor engaged in the performance of contract work for any
public corporation is the employer, such public corporation upon final settle
ment with the contractor shall deduct for the benefit of the industrial
accident fund the amount of all premium assessments necessary to be paid
by such contract or under the provisions of this act Whenever any public
corporation neglects or refuses to file with the industrial-accident board
monthly pay-roll report of its employees, the board is hereby authorized and
empowered to levy an arbitrary assessment upon such public corporation
in an amount of $25 for each such assessment, which assessments shall be
collected in the manner provided in this act for the collection of assessments.
S ec . 2841. Hazardous employments; election.—Every employer engaged in
the industries, works, occupations, or employments in this act specified as
“ hazardous*’ may 011 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 011 said
date, may on or after 30 days before entering upon such hazardous work,
occupation, or employment, or at any time thereafter, elect whether he will
be bound by either of the compensa tion 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 No. 1, or compensation
plan No. 2, or compensation plan No. 3, 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.
S ec . 2812. Election by employees.— E very em ployee in the industries, w orks,
occupations, or em ploym ents in this act specified as “ hazardous *’ shall become
subject to and be bound by the provisions o f th at plan o f compensation which
shall have been adopted by his em ployer unless such em ployee shall clect not
to bo bound by any o f the compensation provisions o f this act and until such
employee sh all have m ade such election.
Such election shall be m ade by
w ritten notice in the form prescribed by the board, served upon the employer,
and a copy filed w ith the board, together w ith the proof o f such service.
S ec . 2843. Presumption in case of nonelcction.—If the employer shall fail
to make the election herein provided for at the time and in the manner herein
prescribed, such employer shall be presumed to have elected not to be bound
by tiie provisions of either compensation plan No. 3, or compensation plan No.
2, or compensation plan No. 3 for that fiscal year unless such employer shall
elect to become subject to or bouud by this act in the manner provided for such
( lection 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 30 nor more than 00 days
prior to the end of any fiscal year, elect not to be bound by either of such
compensation plans after the expiration of said fiscal year or unless he
shall elcct to be? bound for the succeeding fiscal year by a different compensa
tion plan than the one by which he is then governed. Such election must be
made in the manner provided for in reference to the first election of such
employer under this act.
Sec. 2844. Employer to act.—It is the intention of this act that any employer
engaged in hazardous 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
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.
320
WORKMEN^ COMPENSATION LAWS— UNITED STATES
Sisc. 2845. Revocation*.—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 l>e bound by either one or the other of the compensation plans
herein mentioned may, at any time during any fiscal year, elect to !h» bound
thereby, which said election shall be made as hereinbefore provided: but
whenever any employer or employee shali have elected to c«:me under the pro
visions hereof, such election, when it shall have been made, shall bind such
employer and employee for the rest of the then fiscal year.
Sicc. 2S4G. .Vo (ompen*atUm when-.—No compensation shall be paid to any
employee, whether such employee has elected to come under this act ov not,
where his employer has failed to elect and has failed to come under one or
tl:e other of the compensation plans herein provided.
S ec . 2847. Scope of law.—This act is intended to apply to all inherently
hazardous works and occupations within this State, and it is the intention to
embrace all thereof in the four following sections, and the works and occupa
tions enumerated in said sections are hereby declared to be hazardous, and any
employer having any workman engaged in any of the hazardous works or occu
pations herein listed shall be considered as an employer engaged in hazardous
works and occupations as to all his employees.
Sec. 2848. Construction work.—Tunnels, bridges, trestles, subaqueous works,
ditches, and canals (other than irrigation without blasting), dock excavations,
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 railroads, steeples, towers or grain
elevatora, not metal framed; dry docks, without excavation; jetties, break
waters, chimneys, marine railways, water works, or water systems; electric
railways, cable railways, street railways, wiih or without rock work or blast
ing ; erecting fireproof doors or shutters; steam heating plants; blasting: tanks,
water towers, or windmills, not uielal framed: shaft sinking; concrete build
ings; 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 smokes tacks or chimneys; excavations not other
wise specified: blast, furnaces: street or other grading; advertising digits;
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 shipwrighting; painting of buildings or structures; installation of auto
matic sprinklers; concrete laying in floors, foundations, or street paving;
asphalt laying; covering steam pipes or boilers: installation of machinery not
otherwise specified; drilling wells, installing electrical apparatus or fire-alarm
aparatus in buildings: house heating or ventilating systems, glass setting;
building hothouses; lathing, paper hanging, plastering, wooden stair building.
Sec. 2849 (as amended 1925. ch. 117). Operation (including repair work).—
Of logging, cable, electric, street, steam, or other railroads; dredges; interurban
electric railroads using third-rail systems; electric light and power plants;
quarries; telegraph systems; stone crushers; blast furnaces; smelters; coal
mines: gas works; steamboats; tugs and ferries: mines other than coal; steam
heating or power plants: grain elevators; freight elevators and passenger ele
vators; laundries; waterworks; pai>er mills; pulp mills; garbage and fer
tilizer works.
S kc, 2S50. Factories wing power driven machinery.—Stamping tin metal;
bridge work; railroad, car, or locomotive making or repairing; cooperage;
logging, with or without machinery; sawmills, shingle mills, staves, veneer,
box, lath, packing cases, sash, doors, blinds, barrel, keg, pail, basket, tub,
wooden ware or wooden fiber ware, rolling mills: making steam shovels or
dredges: tanks, water towers, asphalt; building material not otherwise speci
fied ; fertilizer: cement stone with or without machinery: kindling wood, masts,
or spars with or without machinery: canneries; metal stamping; creosoting
works; excelsior: iron; steel; copper, zinc, brass, or lead articles or wares not
otherwise specified; working in wood not otherwise specified; hardware, tile,
brick, terra cotta fire clay, pottery, earthenware, porcelain ware; peat fuel,
brickettes; breweries; bottling works; boiler works; foundries; machine shops
not otherwise specified; cordage; working in foodstuffs, including oils, fruits,
TEXT OF LAWS— MONTANA
321
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.
Sec. 28151. Mtecellaneous ivork.—Operating stockyards, with or without rail
road entry; packing house*; wharf operations; artificial ice and refrigerating
or cold-storage plants: tanneries: electric systems not otherwise specified;
theater stage employees, including moving-picture machine operators; fireworks
manufacturing, powder works.
Sec. 2852. Other emirtoament*—If there be or arise any hazardous occupa
tion or work other than hereinbefore enumerated, it shall come uiider this act
and its terms, conditions, and provisions as fully and completely as if herein
before enumerated.
Sec. 2853. Definition#.—Unless the context otherwise required, words and
phrases employed in this act shall have the meaning hereinafter defined.
Sec. 2854. “ 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 ihe concern.
Sec. 2855. “ Workshop” means any plant, yard, premises, room, or place
where power-driven ma -liinery is employed and manual labor is exercised by
way of trade or gain o«* 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, machinery, or thing over which
premises, room, or placo the employer of the person working therein has the
right of access or control.
Sec. 2856. “ 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 a part of the plant, including elevators, warehouses, and bunkers.
Sko. 2857. “ Mine” means any mine where coal, clay, ore, mineral, gypsum,
or rock is dug or mined underground.
Sec. 2858. “ 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 manu
facturing, building, or construction purposes.
Sec. 2859. “ Engineering work” means any work of construction, improve
ment, or alteration or repair of buildings, streets, highways, sewers, street
railways, railroads, logging roads, interurban roads, harbors, docks, canals:
electric, steam, or water power plants; telegraph and telephone plants and lines;
electric light aud power lines, and includes any other work for the construction,
alteration, or repair of which machinery driven by mechanical power is
used.
Sec. 2860. “ Reasonably safe place to work ” means that the place of employ
ment hiis been made as free from danger to the life or safety of the employee
as the nature of the employment will reasonably permit.
S ec. 2861. “ 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 devices
and safeguards provided or prescribed by the “ safety provisions” of the act
for the purpose of mitigating or preventing a specific danger.
S ec . 2862 (as amended 1925, ch. 121).—“ Employer” means the State and
each county, city and county, city school district, irrigation district, all other
districts 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
and including an independent contractor, who has any person in service in
hazardous employment under any appointment or contract of hire, expressed
or implied, oral or written, and the legal representative of any deceased
employer or the receiver or trustee thereof.
S ec. 2863 (as amended 1925, ch. 121).—“ Employee” and “ workman” are
used synonomously and mean every person in this State, including a contractor
other than an “ independent contractor ” who is in the service of an employer
as defined by the preceding section, under any appointment or contract of
hire, expressed or implied, oral or written, including aliens and also including
minors, whether lawfully or unlawfully employed, and all wfio are connected
with or engaged in hazardous occupations of the elected and appointed paid
322
w o r k m e n 's COMPENSATION LAWS— UNITED STATES
public officers and 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 i>erson whose employment is both casual and not in
the course of the trade, business, profession, or occupation of his employer
and also excluding any employee engaged in household, domestic service, farm
dairy, agricultural, viticultural. or horticultural labor, in stock or poultry
raising, except as hereinafter provided.
S ec. 28<>4. “ Injury" means and shall include death resulting from injury.
Six:. 2865 (as amended .1025, ch. 121). “ Beneficiary” means and shall include
a surviving wife or husband and a surviving child or children under the age
of 18 years and an invalid child or invalid children over the age of 18 years,
or if no surviving wife or husband, then a surviving child or children under
the age of 18 years and an invalid child or invalid children over the age of
18 years: Procidcd. howcrer. That no invalid child over the age of 18
years shall be considered a beneficiary unless dependent upon the decedent
for support at the time of injury.
S e c . 2800 (as amended 1025. ch. 321). “ Major dependent” means if there
be no beneficiary as delined in the preceding section, the father and mother,
or the survivor of them, if actualiy dependent upon the decedent at the time
of his injury, (hen to tlie extent of such dependency, not to exceed, however,
the maximum compensation provided for in this act.
Sec. 2807 (as amended 1925. eh. 321). “ Minor dependent” means if there
be no beneficiary or major dependent as delined in the preceding sections,
the brothers and sisters under the age of 38 years: Proirtded, luncever, That no
invalid brother or invalid sister over the age of 38 years shall be a “ minor
dependent” unless actually dependent upon the decedent at the time of his
injury. Minor dependents shall be awarded comi>onsations to the extent
of such dependency, not to exceed, however, the maximum compensation
provided for in this act.
Sec. 2808. “ Invalid” means one who is physically or mentally incapaci
tated.
S ec . 2801). 44Child ” shall include a posthumous child, a stepchild, a child
legally adopted prior to the injury, an illegitimate child legitimatized prior
to the injury.
S ec . 2870. 44Injury” or 44injured” refers only to an injury resulting from
Home fortuitous event, as distinguished from the contraction of disease.
Sec. 2871. Wherever the singular H used the plural shall be included, and
wherever the plural is used the singular shall be included.
Sku. 2872. Wherever the masculine gender is used, the feminine A n d neuter
shall be included.
Shc. 2873. The term “ physician” shall include 44surgeon” and in either
case shall mean one authorized by law to practice his profession in this State.
S ec . 2874. 4‘ Week ” means six. working-days, but includes Sunday.
Spc. 2875. 44Wages ” means rhe average daily wages received by the employee
at the time of the injury for the usual hours of employment in a day, and
overtime is not to be considered.
Skc. 2876, “ W ife” or 44widow” means only a wife or widow living with,
or legally entitled to be supported by, the deceased at the time of the injury.
Skc. 2877. “ Husband” or “ widower” means only a husband or widower
incapable of supporting himself, and living with, or legally entitled to be
supported by. fho deceased at the time of her injury.
Sfo. 2S78. “ Board” means the Industrial Accident Board of the State of
Montana.
Sf.o. 2870. “ Commissioner ” means one of the members of the industrial
accident board.
Sec. 2880. “Appointed member of the board” means that member of the
industrial accident board appointed by the governor.
Seo. 2881. 44Order ” shall mean and include any decision, rule, regulation,
direction, requirement, or standard of the board, or any other determina
tion arrived at or decision made by such board, excepting general or local
orders as herein specified.
Sec. 2882. “ 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.
TEXT OF LAWS— MONTANA
323
Sec. 2883. 44Local 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.
S ec . 2884. "P ay roll,” "annual pay roll,*' or "annual pay roll for tho pre
ceding year" means the average annual pay roll of the employer for the
preceding calendar year, or if the employer shall not have operated a s>uiiieient, or any length of time during such calendar year, twelve times the
average monthly pay roll for the current year: Provided, Thai: an estimate
may be made by the board for any employer starting in business where no
average pay rolls are available, such estimate to be adjusted by additional
paymeat by the employer or refund by the board as the case may actually
be on December 31 of such current year.
S ec . 2885. •
•Y earu n less otherwise specified means calendar year. *•Fis
cal year*’ means the period of time between the 1st day of July and the
30tli day of the succeeding June.
St;(\ 2886. - Public corporation'' means the State, or any county, munici
pal coriwiration, school district, city, city under commission form of govern
ment or special charter, town, or village.
S ec . 28S7. “ Insurer ” means an y insurance com pany authorized to transact
business in this State insuring any employer under this act.
S ec . 2888. *’ Casual employment ” means employment not in
the usual course
of trade, business, profession, or occupation of the employer.
Sec. 2880. “ The plant of the employer ” shall include the place of business
of a third jierson 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.
Sec. 2890. 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.
Sec. 2891 (as amended 1925, ch. 121). Minor dependents.— In computing com
pensation to children and to brothers and sisters only those under 18 years of
age or invalid children over the age of 18 years shall be included, and in case of
invalid children only during the period in which they are under that disability,
all within the maximum limitations elsewhere in this act provided, after
which payment on account of such person or jrersons shall cease. Compen
sation to children, or brothers or sisters, except invalids, shall cease when
such persons reach the age of 18 years, and in all cases shall cease when such
person marries.
S ec . 2892. Death or remarriage.—If any beneficiaries or major or minor de
pendents of a deceased employee die, or if the widow or widower remarry, ihe
right of such beneficiary or major or minor dependent, or such widow or
widower, to compensation under this act shall cease.
S ec . 2893. Aliens.—No compensation under this act, except as otherwise
provided by treaty, shall be paid to any major or minor dependents not resid
ing within the United States at the time of the injury to the decedent.
S ec . 2894. Same.—Except as otherwise provided by treaty, no com]>ensation in excess of 50 per cent 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 compen
sation shall be allowed to any nonresident alien beneficiary who is a citizen
of a government having compensation law which excludes citizens of the
United States, either resident or nonresident, from partaking of the benefit
of such lawTin the same degree as herein extended to nonresident beneficiaries.
Sec. 2895. Compromise settlements.—Nothing in the preceding section shall
pi event 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 50
per cent of the compensation provided in this act, upon the approval of the
board of such compromise settlement.
Sec. 289(5. A'vidence — 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 bene
ficiary. 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 shali 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.
324
w o r k m e n 's c o m p en sa tio n LAWS— UNITED s t a t e s
S e c . 2897. Payment# to consul, etc.—Payment of comi>en*>atioii to a bene
ficiary not residing within the United Slates may be made to any plenipo
tentiary or consul or consular agent within the United States representing the
country in which such nonre.-idcut beneficiary resides, and the written re
ceipt of such plenipotentiary or consul or consular agent shall acquit the
employer, the insurer, or the board, as the case may be.
Skc. 2898 (as amended 1925, ch. 121). Payment# to parent# or ymrdUin-#.—
Where payment is due to a child under 18 years of age or to a person adjudged
incompetent the same shall be made to the parent or to the duly appointed
guardian, as the case may be, and the written receipt of such parent or
guardian shall acquit the employer, the insurer, or board, as the case may
be, of further liability. In other cases payment shall be made to the person
entitled i hereto or to his* duly authorized representative.
Siacs. 2S99, 2900 (as amended 1921, eh. 121). Claim#.— [Claims are forever
barred unless presented within six months from the date of tbe accident, but
no limitation shall run against minors under 18 or persons mentally incom
petent until a guardian is appointed or the minor arrives at the age of 18
years.]
Skc. 2901. Contractor#.—Where any employer procures any work to be done
wholly or in part for him by a contractor other than an independent contractor,
and the work so procured to be done is a part or process in the trade or busi
ness of such employer, then such employer shall be liable to pay all compensa
tion under this act to the same extent as it* the work wore done without the
intervention of such contractor. And the work so procured to be done shall
not be construed to !>e “ casual employment.”
Sec. 2902. Presumption.—Where any employer procures work to be done as
specified in the preceding section, 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.
S e c . 2903. Contractor i# employer, uhen.—W'lwvv a n y e m p l o y e r p r o c u r e s a n y
w ork
so
to
be
done
procared
c o n tra cto r
to
w h o lly
be
done
or
is
in
part
casu al
s h a ll b e c o m e th e
fo r
h im
by
e m p lo y m e n t
e m p lo y e r fo r
as
a
co n tra cto r,
to
su ch
th e p u rp o se *
of
w here
e m p lo y e r ,
th e
w ork
th en
su ch
th is a c t.
Sec. 2904. Payment in property.—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 properly 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 bo performed: Provided, however.
That where an employer procures any work to be d«ne by any contractor, or
through him by a subcontractor, the payment for which is to be made in prop
erty other than money or its equivalent, and the value o f 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 sub
contractor, as tbe case may be.
S e c . 2905. Death during disability.—If an injured employee dies and the
injury was tbe proximate cause of such death, then the beneficiary or the major
or minor dependents of the deceased, as the case may be. shall receive the same
compensation as though the death occurred immediately following tbe injury,
but the period during which the death benefit shall be paid shall be reduced
by tbe period during or for which compensation was paid for the injury.
If the employee shall die from some cause other than the injury, there shall
be no liability for comitcnsution after his death.
The question as to who constitutes a beueliciary or a major or minor de
pendent shall be determined as of the date of the happening of the accident
to the employee, whether death shall immediately result therefrom or not.
Skc. :-M)6. Medical examination.— [An employee having right to compensa
tion under Ihe act must submit to medical examinations from time to time on
request of the employer, bis insurer, or the board, or a member, examiner, or
referee, and may have his own physician present. Refusal or failure to comply
saspends benefits for such period.]
Skcs. 2907-2910. Hospital contract*.— [The provisions of section 2917 may be
waived and contracts made between employers and employees providing for
hospital benefits and accommodations for employees. Such contracts must
provide for sickness contracted during employment as well as accidents, except
venereal diseases and sickness due to intoxication. Assessments on employees
TEXT OP LAWS— MONTANA
325
may not exceed $1 per month unless the actual cost is shown to exceed that
sum; but no profit shall result to the employer, directly or indirectly.
Such hospitals will be under the supervision of the board as to services and
treatment rendered. Neither the employer, his insurer, nor the board will be
liable for malpractice or any act in connection with the treatment or care of
employees under such hospital contracts; but the merits of any action for
malpractice will be investigated by the board and a report made to the clerk
of the court in which the action is pending. The question of whether or not
due care was given is made a question of law for the court.]
Sec. 2911. Who to pay benefits.—Every employer who shall become bound
by and subject to the provisions of compensation plan No. 1, and every em
ployer and insurer who shall become bound by and subject to the provisions
of compensation plan No. 2, and the industrial accident fund where the
employer of the injured employee has become bound by and subject to the
provisions of compensation plan No. 3, shall be liable for the payment of com
pensation 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 employment, or. in the case of his death
from such injury, to his beneficiaries, if any; or, if none, to his major de
pendents, if any; or, if none, to his minor dei>eudeuts, if any.
Sec. 29.12 (as amended 1925, cli. 121). Temporary total disability.—For an
injury producing temporary total disability, 50 per cent of the weekly wages
received at the time of the injury, .subject to a maximum compensation of
$15 per week and a minimum c o m p e n s a t i o n of $7 per week. Such compensation
shall be paid during the period of disability but for a period not exceeding
800 weeks from date of injury.
Sec. 2913 (as amended 1925, ch. 121). Permanent total disability.— [For an
injury producing total disability, permanent in character]. 50 per cent of the
weekly wages received at the time of injury, subject to a maximum compensa
tion of $15 per week and a minimum compensation of $7 per week. Such com
pensation «hall be paid during the period of disability, not exceeding 500 weeks
from date of injury.
Sec. 2914. Partial disability.—For an injury producing partial disability, onehalf of the difference between the wages received at the time of the injury
and the wages that 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 75 per cent of the total compensation pro
vided in this act for the total loss of the member causing such partial disa
bility. Such compensation shall be paid during the period of disability, not
exceeding, however, 150 weeks in cases of permanent partial disability and 50
weeks in cases of temporary partial disability.
S e c . 2915 (as amended 1925, ch. 121). Death.— Where the injury causes
death, 50 per cent of the wages 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, 40 per
cent of such compensation, or if none, then 50 per cent of the wages received
at the time of the injury to his major dependents, if any, residing in the
United States at the date of the happening of the injury, or if none, then
30 per cent of the wages received at the time of the injury to his minor de
pendents, if any, if residing within the United States at the date of happening
of the injury, subject to a maximum compensation of $15 per week and a
minimum compensation of $7 per week for a period not exceeding 400 weeks:
Provided, That if at the time of the injury the employee received wages of less
than $8 per week, the full amount, of such wages per week, for a period not
exceeding 400 weeks: And provided further, That compensation payable to
major or minor dependents shall not exceed the amount of dependency.
Sec. 2916 (as amended 1925, ch. 121). Burial expenses.—There shall be paid
in addition to other compensation, if death due to injury occurs while the em
ployee is drawing or entitled to draw compensation payment, the reasonable
burial expenses of the employee, not exceeding $150.
Sec. 2917 (as amended 1925, ch. 121). Medical, etc., aid.—During the first
six months after the happening of the injury, the employer or insurer or thei
board, as the case may be, shall furnish reasonable medical, surgical, and hos
pital service and medicines when needed, not exceeding in amount the sum of
$500. unless the employee shall refuse to allow them to be furnished, and
u n l e s s such employ[er] is under a hospital contract, as provided in section 2907
oj
t h i s act
326
w o r k m e n ’s COMPENSATION l a w s — UNITED s t a t e s
Sec. 2018. Waiting time.—No compensation shall be allowed or paid during
the first two weeks of any injury, except as may be required by the provisions
of the preceding section; but if disability continues six weeks, compensation
shall be paid from date of injury.
S k c . 2919 (as amended 1925, ch. 121). Order of payment*.—Compensation,
other than medical, surgical, hospital, and burial benefits provided, shall run
consecutively and not concurrently and payment shall not be made for two
classes of disability over the same period: Provided, That no compensation
shall be paid to a major or minor dependent who did not reside within the
I rnited Stales at the date of the happening of the injury. Compensation due
to beneficiaries shall be paid to the surviving spouse, if any, or if none, then
divided equally among or for the benefit of the children. Compensation due
to major dependent where there be more than one shall be divided equitably
am:;ng them and likewise as to minor dependents, and the question of de
pendency and amount thereof shall be a question of fact for determination by
the board.
S k c . 2920 (as amended 1925, ch. 121). Schedule.—In case of the following
sjiocifiod injuries the compensation in lieu of any other compensation provided
by this act, other than that provided in section 2917, unless the employee is a
contributor to a hospital fund as otherwise in this act provided, shall be 50
per cent of the wages received at the time of the injury, subject to a maximum
compensation of $15 per week and a minimum compensation of $7 per week:
Provided, That if at the time of the injury the employee rewived wages of less
than $7 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—
Weeks
One arm at or near shoulder----------------------------------------------200
One arm at the elbow-------------------------------------------------------- 180
One arm between wrist and elbow----------------------------------------100
One hand-------------------------------------------------------------------------- 150
One thumb and the metacarpal bone thereof----------------------- 60
One thumb a t the proximal Joint----------------------------------------- 30
One thumb at the second distal joint----------------------------------- 20
One first finger and the metacarpal bone thereof___________ 30
One first finger at the proximal joint----------------------------------- 20
One first finger at the second joint------------------------------------- 15
One first: finger at the distal joint-------------------------------------- 10
One second finger and the metacarpal bone thereof-------------- 30
One second finger at the proximal joint_____________________ 15
One second linger at the second joint_______________________ 10
One second finger at the distal joint----------------------------------5
One third finger and the metacarpal bone thereof----------------- 20
One third finger at the proximal joint---------------------------------- 12
One third finger at the second joint------------------------------------8
4
One third finger at the distal joint-------------------------------------One fourth finger and the metacarpal bone thereof-------------- 12
One fourth finger at the proximal Joiut-------------------------------9
One fourth linger at the second joiut_______________________
6
One fourth finger at the distal joint------------------------------------3
One leg at or near the hip joint as to preclude the use of an
arlifhial limb___________________________________________ 200
One leg at or above the knee where stump remains sufficient to
penult the use of an artificial limb_______________________ 150
One leg between the knee and ankle_______________________ 140
One loot at the ankle-------------------------------------------------------- 125
One great toe with the metatarsal bone thereof______________ 30
One great toe at the proximal joint------------------------------------- 15
One great toe at the second joint----------------------------------------- 10
One toe. other than the great toe, with the metatarsal bone
thereof-------------------------------------------------------------------------- 12
One toe, other than the great toe, at the proximal joint_______
6
One toe, other than the great toe, at the second or distal joint3
One eye, by enucleation----------------------------------------------------- 120
Total blindness of one eye_________________________________ 100
Total loss of hearing, one ear---------------------------------------------- 20
Total loss of hearing, both ears-------------------------------------------120
TEXT OP LAWS— MONTANA
327
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 i>ermanent in character.
Sec. 2921. Hernia.—A workman in order to be entitled to compensation for
hernia must clearly prove: (1) That the hernia is of recent origin, (2) that its
appearauce was accompanied by pain, (3) that it was immediately preceded by
some accidental strain suffered in the course of the employment, and (4) that
it did not exist prior to the date of tlie alleged injury. If a workman, after
establishing his right to condensation for hernia as above provided, elects to
be operated upon, a special operating fee of not to exceed $50 shall be paid
by the employer, the insurer, or the board, as the <*ase may be. In case such
workman elects not to be operated upon, and the hernia becomes strangulated
in the future, the result from such strangulation will nor be compensated.
Sec. 2922. Paralysis.—For the purpose of section 2920 the complete paralysis
of an arm, hand, foot, or leg shall be considered the loss of such member. For
the purpose of said section 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.
Sec. 2923. Subsequent injuries.—Should a further accident occur to a work
man who is already receiving compensation hereunder, or who has been pre
viously the 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 cffect of his injuries and his past receipt o f
compensation.
S e c s . 2924-2929. Adjustments; lump sums; status of payments.— [Where a
change takes place in the condition of a person receiving compensation during
the term of its payment, subsequent payments may be modified in accordance
therewith. Payments are to be made monthly except as otherwise provided
herein. Such payments may be converted in whole or in part into a lump-sum
payment not exceeding the present worth capitalized at the rate of 5 per cent
per annum. This can be done only on the written application of a beneficiary,
and rests in the discretion of the board.
Payments arc not assignable nor subject to attachment or garnishment, nor
otherwise liable for debts. In case of bankruptcy, liquidation, or failure of the
employer or insurer, to meet the obligations imposed by the act, liabilities here
under constitute a first lien upon any deposit made by the employer or the in
surer, and if this is not sufficient, a lien attaches to all orlier property of the
employer or insurer withiu the State, to be prorated with other lienable
claims, but with preference over the claim of any creditor or creditors of such
employer or insurer except the claims of other lienors. No agreement of
waiver by an employee is valid.]
S e c . 2930. Misrepresentation of pay roll.— [Employers misrepresenting their
pay rolls upon which premiums for the State fund are to be Levied are liable
to ten times the amount of the difference between the amount paid and the
amount which should have been paid, to be recovered in a civil suit in the name
of the Stale.]
Sec. 2931. Railroads.— [The provisions of this act shall not apply to any
railroad engaged in interstate commerce, except that railroad construction
work shall be included in and subject to the provisions of this act.]
S e c s . 21)32-2962. Procedure.— [Self-insurers and insurance companies are
required to file monthly duplicate receipts of all payments made on account of
injuries, includiug medical, surgical, and hospital services and burial expenses.
Claims for compensation may not be maintained unless notice of injury has
been submitted in writing within 60 days after the occurrence of the accident;
but actual knowledge on the part of the employer or his agent is equivalent to
such service.
Employers must report all accidents to their employees resulting in loss of
life or injury to person. These are to be in such form as the board requires,
the information to be confidential except on order of the board or as used in the
course of a hearing or proceeding. The American Experience Table of Mortal
ities is used in calculating reserves.
No employer may deduct any part of the insurance premium from the wages
of his employees.
Hearings and investigations under this act are governed by its provisions,
and neither the board nor any member thereof is to be bound by technical rules
of evidence* Depositions may be taken, and the board has full power to do the
328
w o r k m e n 's co m p en sa tio n l a ws —
s t at es
thing-s designated and all that is* necessary or convenient in the exercise of the
authority and jurisdiction conferred upon it. It may issue warranty, serve
processes throughout th<» State, administer oatJis, require the production of
books and papers, and compel the attendance of witnesses and production of
evidence through process of the district court of the county at the instance of
the board. Witnesses are to be paid fees and mileage as in civil cases, the same
to be pahl by the party requiring their presence, unices otherwise ordered by
the board. Costs and disbursements may be apportioned tot ween the parties
on [he same or adverse sides in the discretion of! the b*-ard.
The books, records, and pay rolls of an employer are open to inspection by
the board for the purpose of information necessary for the board under this
act. The board is authorized to determine disputes and controversies, which
shall be instituted before it and not elsewhere, except as otherwise provided in
the act. Its orders, awards, etc., are pritna facie lawful and shall be presumed
so to to until and unless modified or set aside by the board or upon review.
After a final hearing by the board it has 30 days to file findings on all facts
and render its award. Where disability has not resulted from an accident at
the lime of the hearing, the board may award a nominal indemnity instead of
dismissing the application, if it appears that disability is likely to result at a
future time. It has continuing jurisdiction over ail orders, decisions, and
awards and may on notice, after hearing, rescind, alter, or amend on good
can: e appearing therefor. A full and complete record of proceedings and tes
timony is to be kept, and at any time within 20 days after an order or de
cision, rehearing may be sought on ground of excess of powers, fraud, insuf
ficient evidence, evidence not previously discoverable with reasonable diligence,
or that the findings do not support the award or that it was unreasonable.
No order or decision is subject to collateral attack, but may be modified only as
provided in the act. The application for rehearing shall set forth in full detail
the grounds therefor, but shall not operate as a stay except as the board or
court may direct. If a rehearing is denied, application may to made within
30 days for an appeal to the district court; the same privilege is allowed for
appeal from the decision rendered on rehearing. Proceedings are to be in accordauce with the provisions of the act, the court, passing on findings and
conclusions of facts and law, and may set aside the decision of the board
or modify it as law and justice require, making the necessary order or judg
ment as shall be legal and proper in the premises. Further appeal lies to
the supreme court by *.he board, the appellant, or any adversary party.]
S e c s . 29(>3~2969. tUimtry provi*Umx.— [Money is appropriated to establish an
industrial administration fund; sufficient sums are to to taken from the indus
trial accident fund to pay the compensation provided in the act. A liberal
construction of the act is prescribed, and if any portion is found unconstitu
tional or void it shall not affect the validity of the remaining portions of the
act if sufficient for carrying out the main purpose and intention of the law.
The money in the industrial accident fund is held in trust for the purposes of
the creation of the fund.
Annual reports of the board are required, the act becoming effective July 1,
19io.3
Compensation plan No. 1
Sections 2070-2977. Self-iimira nee.— [Employers in the industries, trades,
works, occupations, or employments specified as hazardous by the act may become
self-insurers on furnishing satisfactory proof to the board of solvency and finan
cial ability to meet the obligations created by the act. Proof of such solvency
must be filed according to the rules and orders of the board. Permission to act
as a self-insurer is valid for one year, and must be renewed on application at
least. 30 days before the expiration of such fiscal year. The board may require
additional proof of solvency and financial ability and may on notice and hear
ing revoke any ordar or approval previously made. If financial responsibility
appears to be inadequate the board must require the applicant to give security
for payments that may reasonably be anticipated during the period. This may
be a percentage of the employer’s pay roll, or in the form of a bond or under
taking with sufiicient sureties conditioned ou the payment of liabilities that
may accrue, or the employer may deposit approved bonds or securities. If a
self-insurer fails to pay the compensation due the board must, on demand of the
beneficiary, apply any deposits made with it to the payment of such obligations.
TEXT OF LAWS— MONTANA
329
Within 30 days after the happening of an accident or death, the nature of
which renders the amounts of future payments certain or reasonably certain,
the employer may deposit a guaranty of the payment of such liability in suoli
form as the board may direct unless sufficient securities are already on deposit.
Any existing liability may be relieved by d e b itin g with the board the esti
mated present value of the total unpaid compensation computed at 5 per rent,
or by provision of the annuity subject to the approval of the board.]
Compensation plan No. 2
2J)78~2&S9. Insurance.— [Employers in industries, etc., specified as
hazardous by the act may insure their liability thereunder in any insurance com
pany authorized to transact such business in the State. Employers electing
this plan (No. 2) must furnish the necessary data as to their business, where
upon the board will determine the amount of insurance reasonably necessary.
The employer shall then file the policy or policies of insurance provided for in
this act. The board will make all reasonable and necessary investigations for
the purpose of fixing the amount of such insurance. Policies must provide that
the notice, knowledge, and jurisdiction of the employer govern the insurer, and
that tlie insurer will promptly pay to persons entitled all installments of
com pens?ition or other payments under the act as they become due without
reference to any default of an employer after injury, or default in the giving
of any notice required by the policy, this act, or otherwise. Insurers must
maintain deposits with the treasurer of the industrial accident board—not less
than $r>.0<)0 nor more than $20,000—before any policy may be issued by it, and
if it falls to discharge liabilities fixed or determined by the board the board
may liquidate the liability from the proceeds of the securities invested.
Policies are deemed to be made subject to the provisions of this act., and
renewals must be made at least 30 days prior to the expiration of an expiring
policy. Within 30 days after an injury or death giving rise to certain or
reasonably certain awards the insurer must deposit with the treasurer of the
board such sum as will guarantee the payment of such liability, unless prior
deposits are declared adequate. The insurer may relieve himself from liability
by depositing the present value of the benefits or by purchasing an annuity, as
in the case of self-insurers.
No policy may be canceled during its term except on 30 days’ notice, unless
sooner replaced by other insurance. Insurance companies must make and file
with the board such reports of accidents as it may require. Pol cies must
provide for the direct and primary liability of the insurer to the employee or
the beneficiaries, and are at all times subject to approval, change, or review by
the board. Deposits made under this plan are to be held in trust for the pur
poses for which made and may be adjusted or substituted from time to time
with the permission of the board. Earnings are the property of the depositor.]
S e c t io n s
Compensation plan No. $
Section 2090. Classified premium rates.—Every employer, subject to the pro
visions of compensation plan No. 3, 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 assessments to be required from each of said classes
is as follows:
(•lass 1.—Broom or brush manufacturing, without sawmill; theater stage
employee?: moving-picture operators; electrotyping; engraving; lithographing;
photo-engraving: stereotyping; embossing; bookbinding: printing; jewelry
manufacturing; not otherwise specified; sixty-five one-hundredths of 1 per
cent.
Class 2.—Cloth, textile, and wool manufacturing, not otherwise specified;
wharf employees, other ihan stevedores and longshoremen; eight-tenths of 1
per cent.
( ’lass 3.—Manufacturing alcohol, drugs, other than ammonia; candy, crackers,
saddles, harness, leather novelties, mattresses, not including spring or wire,
jwint, 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 rub
ber, not otherwise specified; manufacturing boots and shoes; manufacturing ar
ticles of and working in leather not otherwise specified; li% per cent.
330
w o r k m e n 's co m p en sa tio n la w s — UNITED s t a t e s
Class 4.—Manufacturing cheese, condensed milk; operating creameries, manu
facturing spices and condiments; paper hanging; kalsomining; whitewashing;
making willow baskets; setting tiles; mantles and marble work, inside work
only: making grease, lard, soap, tallow; inside plumbing work; installing heat
ing systems; painting and decorating, inside work only; metal ceiling work;
3 fa per cent.
Class 5.—Manufacturing glass; operating breweries, bottling works, grain
warehouses, grain elevators; mazmfacfuriug articles of brass, copper, lead and
zinc; operating machine shops, not otherwise specified; lathing, plastering;
canneries of meat, fruit, vegetables, or lisli, not including can manufacturing;
cutting stone or paving blocks, other than in quarries, with or without ma
chinery; installing electrical apparatus inside; installing lire 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 or bricks or blocks;
l i« per cent.
Clurt* 0.—Operating of laundries with power, dyeing, bleaching, and cleaning
works; manufacturing of furniture, showcases, office and store furniture and
fixtures: cabinet making: manufacture of wire mattresses, bed springs, wooden
coffins, caskets, rough wooden boxes for coffins; building hot houses, working
in foodstuffs, fruits, edible oils, or vegetables, not otherwise classified; oper
ating flour mills, chop mills, feed mills; 1/Vf per cent.
Class 7.—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; manufactur
ing peat fuel: building wooden stairs; manufacturing brick, including kilns
and buildings and diggings in pits, brickettes; brooms with sawmills, earthen
ware. fire clay, porcelain ware, pottery, tile, terra cotta; brush making with
sawmills; l f t per cent.
Class 8.—Manufacturing of ammonia; operating water works, gas w?orks;
grading, either of streets or otherwise, or road making, without blasting; con
struction of plank road, plank street, or plank sidewalk; operating creosoting
works; pile-treating works; treating ties or other timber products; plumbing,
lK>th at and away from the shop, including house connections, without blasting;
construction of wfater works, gas works, and coke ovens, including laying of
mains and connections, without blasting; lio per cent.
Class 0.—Manufacturing artificial ice; operating refrigerator plants, coldstorage plants, foundries, packing houses, including slaughtering; manufac
turing agricultural implements, threshing machinery, traction cngiucs. harvest
ing machinery; manufacturing asphalt; operating steam heatiug and power
plants; manufacturing gas or gasoline engines; operating ferries; stone crush
ing. not at quarries; boat or ship building, other than canoes or rowi>oats,
without scaffolds; laying hot flooring compositions, not other wise specified:
operating stock yards; 2 per cent.
Class i0.—Operating paper mills, palp mills, longsboring, stevedoring, manu
facturing fertilizer; operating garbage works; incinerators, crematories, lime
kilns or burners, no quarrying; installing boilers, steam engiues. dynamos,
machinery not otherwise specified; putting up belts for machinery: manufacturing barrels, kegs, pails, staves, tubs, excelsior, veneer, packing cases, sash
doors, and blinds; operation and maintenance of interurban railways, without
third rail; 2& per cent.
Class 33.—Millwrighting, not otherwise specified; manufacturing buildiiui
material, not otherwise specified; working in building material, not otherwise
specified; 2*4 per cent.
Class 32.—Operation of smelters; manufacturing of metallic coffins; manu
facturing of iron or steel; boat or ship rigging; planing mills, indei>eiHlent;
cement manufacturing; operating blast furnaces: 2ft per cent
Class 33.—Street or road making, with blasting; manufacturing wrood bas
kets kindling wood, window and door screens, cordage, and rope; manufac
turing and refining o il; placing wires in conduits; 2-A per cent.
Class 14.—Concentrating and amalgamating of ores; w’ood working, not other
wise specified; operating gravel bunkers; hauling gravel; operating gravel
pits; operating wood saws; painting, exterior work; operating boiler works;
making steam shovels; boilers: shipwfrighting; operating saw'mills, lath mills;
bridge work factories; operation of and work in mines, other than coal;
2ft per cent
TEXT OF I.AWS— MONTANA
331
Glass 15.—Operating rolling mills; manufacturing tanks, not otherwise speci
fied; erecting and repairing advertising signs; harvesting and storing of ice,
including loading on cars; making and repairing of locomotives and railroad
cars; cutting stone at stone yards connected with quarries; boat or ship build
ing with scaffolds; logging operations, with or without machinery; booming or
driving Jogs, ties, or other timber product#; operating shingle mills; operating
quarries: 2% per cent.
Class 16.—Operating dredges; construction of telephone and telegraph sys
tems; construction of dams and reservoirs, electric light and power plants,
water works, and water systems: installing furnaces: constructing blast fur
naces: sewer building: maximum depth of excavation at any point 7 feet;
operation and maintenance of steam railways, including logging railways;
operating coal mines; 3 per cent.
Class 17.—Operating dry docks, including floating dry docks; ornamental
metai work within buildings; 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; install
ing freight or passenger elevators; operation of telephone and telegraph sys
tems ; milking dredges; constructing dry docks; 3% per cent.
Clas» 18.—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, includiug electric
and cable; operation and maintenance of electric light and power plants,
including transmission systems and extensions of lines; electric systems, not
otherwise specified; 3% per cent.
Class 19.—Pile driving; clearing land with blasting; galvanized iron or tin
work; marble work; fiber proofing of buildings, by means of wire netting and
concreting; cellar excavation, with or without blasting; 3% per cent.
Class 20.—Constructing breakwaters, marine railways, and jetties; installa
tion 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; 4 per cent.
Class 21.—Moving safes, boilers, machinery; construction of tanks, water
towers, windmills, not metal frame; plumbers making house connections with
blasting; roof work; slate work; stone work; stone setting; brick work con
struction, not otherwise specified; construction of canals,.with rock work or
blasting; bridge building, wooden; construction of floating docks; constructing
chimneys of metal or concrete; 4% per cent.
Class 22.—Excavations, not otherwise specified; laying of mains and con
nections, with blasting; sewer building, where maximum depth of excavation
at any point exceeds 7 feet; blasting, not otherwise specified; manufacturing
fire works; 5 per cent.
Class 23.—Erecting fire escapes, fireproof doors and shutters outside of build
ings; building concrete structures, not otherwise specified; concrete or cement
work not otherwise specified; 6 per cent.
(/lass 24.—Constructing iron or steel frame structures or parts; constructing
and repairing steel frames and structures; subaqueous work; caisson works;
0V4 per cent.
Class 25.—House moving, house wrecking; construction or repair of steeples;
construction of brick chimneys; 6% per cent.
Class 26.—Manufacturing powder, dynamite and other explosives, not other
wise specified; 10 per cent.
Class 27.—Any employer and his employees engaged in nonhazardous work
<»r employment, by their joint election, filed with and approved by the board,
may accept the provisions of compensation plan No. 3. In such event such
employer and employees shall be known as class 27, the rate of assess
ment in which shall be one-half of 1 per cent.
S ec. 2990-A. Agriculture, ctc.— Any employer engaged in farming, dairying,
agriculture, viticulture, horticulture, stock or poultry raising, may elect to
comply with the provisions of plan 2 or 3 of this act and pay into the indus
trial accident fund the premiums provided in the act, in which event he shall
not be liable to respond in damages at common law or by statute for injury or
death of any employee during the period covered by such premiums and shall
enjoy the benefits and privileges of this act. The employee of such employer
1965°—26------22
332
w o r k m e n ’ s c o m p en sa tio n ta w s — UNITED s t a t e s
shall be deemed to have elected to come under the provisions of this act
unless such employee shall execute and file with the board on proper form to be
furnished for that purpose, a specific election not to be so bound, in which
event, he shall not enjoy the benefits or privileges of this act until such election
is withdrawn. Such employer shall be classified under the provisions of section
25)92 of this act as fo rate of assessment s. which assessment shall be paid in
the manner and at the times specified under plan 2 or 3 of the workmen's com
pensation act. rAdded 1925, ch. 121.]
Sec. 2901. Separable occupation*.—If a single establishment or work com
prises several occupations listed in tW* preceding section in different classifica
tions, the assessment shall be computed according to Ihe pay roll of each occu
pation 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: Provided, That in no case shall any assess
ment levied under the provisions of this act be for a less amount than $2.50
fctec. 2992. Revision of rates.—The classification of hazardous occupations
in section 2990 and the rotes of premium or assessment therein fixed are
advisory only, and the board is hereby given full power and authority to rear
range. revise, add to, take from, change, modify, increase, or decrease any
classification or rate named in section 2990 as in its judgment or experience
may be necessary or expedient: Pro ruled. That iso change in the classification
or rates prescribed in section 29(H) shall l>e made effective prior to the end of
the first fiscal year, and thereafter any changes so made shall not become
effective until 30 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 2990, the board shall have the right to make an imme
diate classification thereof and establish a rate therefor.
Sec. 2993. Fund to be in common.—It is the intent and purpose of compensa
tion plan No. 3 that each industry, trade, occupation, or employment coming
under the provisions of said plan shall be liable and pay for all injuries hap
pening to employees coming under the provisions of said plan, and that all
funds collected by assessments as herein provided shall be paid into one com
mon fund to be known as the industrial accident fund, which fund shall be
devoted exclusively to the payment of all valid claims for injuries happening
in each industry, trade, occupation, or employment coming under the pro
visions of compensation plan No. 3: Provided, That accounts shall be kept with
each industry, trade, occupation or employment in accordance with the fore
going classifications, or otherwise, as the board may direct both as to receipts
and disbursements, for the purpose of providing information and statistics
necessary for determining any changes in such rates or classifications.
Sec. 2994. Initial payments.—There shall be collected from all classes as
initial payment into the industrial accident fund, on or before the 35th day
of July, 1915, one-fourth of the premium of assessment for that fiscal year and
one-twelfth thereof at the first of each month beginning with October 1, 3915:
Provided, That if such fund shali 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.
Sec. 2995. Collection of premiums.—The first payment shall be collected upou
the pay roll of the months of April, May, and June, 1915. At the end of each
calendar year an adjustment of the account shall be made upon the basis of
the actual pay roll. Any shortage shall be made good within 30 days there
after. 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
1 in the year following, in the manner above provided.
Skc. 2996. Default—Any employer who is in default in the observance of any
order of the board, issued pursuant to the provisions of section 2990 to 2995,
inclusive, shall, in addition to any other penalty provided by this act, be
charged an advance of 25 per cent over the established rate, and such advanced
rate shall continue and be in force until such employer shall have ceased to
be in such default.
Sec. 21)97. EqnalteatUm.—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 30 days after the
end of such year in proportion to its duration in accordance with the schedules
provided in this act.
TEXT OP LAWS— MONTANA
333
Sbc. 2998. Deficiencies.—It at the end of any year it shall be seen that tho
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 1st day of February of the following
year by the employers of that class in proportion to their respective payments
for the previous year.
S ec . 2999. Segregation of funds.—Upon the happening of an accident where
death, or the nature of the injury renders tlie amounts of future payments
certain or reasonably certain, the hoard 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 $4,009 for any one case.
S kc. 3000. Investment of reserves.—Tho treasurer of the board shall invest.
.ch reserve in bonds of tlie United Staie.s. bonds of the State of Montana,
or bonds of any county, city, or school distri l 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: Provided, hoicever, That when there is
sufficient money in tlie industrial accident fund to meet such compensation
payments, any surplus remaining may be placed in the industrial reserve fund
and invested by the board in the securities specified in this section.
S*xj. 3001. Accounts.—Tlie treasurer of the board shall keep an accurate
account of all such segregations of the industrial accideut fund, and upon direc
tion 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.
Srac. 3002. Defaulted payments.'—It any employer shall default in any pay
ment to the industrial 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.
S ec . 3003. Injury during default.—For any injury happening to any of his
workmen during default in any payment to the industrial accident fund, the
defaulting employer as to such injury shall be considered as having elected
not to come under the provisions of this act, except that he shall be and remain
liable to pay to the industrial accident fund the amount of such default,
together with the penalty prescribed by section 2996.
S bc. 3004. Options.—The person entitled to sue under the provisions of the
preceding section 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 tlie
employer shall be assigned to the State for the benefit of the industrial accident
fund. If such person shall elect to proceed against the defaulting employer,
such election shall constitute a waiver of any right to compensation under
the provisions of this act.
S ec . 3005. Assigned cases.—Any cause of action assigned to the State under
the preceding section may be prosecuted or compromised by the board in its
discretion.
Sec. 3006. Claims.—Where a workman is entitled to compensation under
compensation plan No. 3, he shall file with the board his application therefor,
together with the certificate of the physician who attended him, and it shall
be the duty of such physician to lend all necessary assistance in making
application for compensation and such proof of other matters as may be
required by the rules of the board without charge to the workman.
Sec. 3007. Physician's allowance.—For a proper compliance with tlie pro
visions of the preceding section, the physician, after approval by the board,
shall be paid out of the industrial administration fund, $1.50 for each case.
Shc. 3008. Death claims.—Where death results from the injury, the parties
entitled to compensation under compensation plan No. 3, or someone in their
behalf, shall make application for the same to the board. The application
must be accompanied with proof of death and proof of relationship, showing
the parties entitled to compensation, certificate of the attending physician, if
any, and such other proof as may be required by the rules of the board.
Sec. 3009. Computing pay rolls.—In computing the pay roll, the entire
compensation received by 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
premium, or otherwise, and whether payable in money, board, or otherwise.
334
w o r k m e n 's co m p en sa tio n LAWS— UNITED STATES
Sec. 3010. Disbursements.—Disbursements out of the industrial accident
fund shall be made by the treasurer of the board as the board may order.
If at any time there shall not be sufficient money in the accident fund with
which to pay any warrants drawn thereon, the employer, on account of whose
workman the warrant was drawn, shall pay the same, and upon his next con
tribution to such fund he shall be credited with the amount so paid with
interest thereon at the rate of 6 per cent per annum from the date of such
payment to the date upon which the next assessment becomes 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 of funds, it shall be credited to such employer and be applied
upon succeeding assessments.
Sec. 3011. Earnings.—All earnings made by the industrial accident fund by
reason of interest paid for the deposit thereof, or otherwise, shall be credited
to and become a part of said fund, and the making of profit, either directly
or indirectly, by the treasurer of the board, or any other person, out of the
use of the accident fund shall 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
$5,000, 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.
NEBRASKA
COMPILED STATUTES, 1922
Compensation of workmen for injuries
P art
I
S ectio ns 3024-3081. Employer#’ liability.— [These sections embody provisions
of law declaring liability for an employer’s negligence where the employee him
self was not willfully negligent. In actions to recover damages the commonlaw defenses are not available to employers subject to the provisions of this
article who elect not to accept the provisions of Part I I ; but if the employer
becomes subject thereto and the employee does not, the defenses remain. These
provisions apply to actions brought under the statute providing for injuries
causing death and to the State law declaring the liability of railroad coini>anies
for injuries to their employees. Section 3029, declaring the scoi>e of the act,
reads as follows:
“ (1) The provisions of this act shall apply to the State of Nebraska and
every governmental agency created by it, and to every employer in this State
employing one or more employees, in the regular trade, business, profession, or
vocation of such employer. (2) The following are declared not to l)e hazardous
occupations and not within the provisions of this act: Employers of household
domestic servants and employers of farm laborers. Railroad companies en
gaged in interstate or foreign commerce are declared subject to the powers of
Congress and not within the provisions of this act. (3) Any employer not in
cluded in the preceding paragraphs of this section and the employees of such
employer may, by their joint election, filed with the compensation commis
sioner, 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) shall have the right to waive such election to come under Part II
hereof, the procedure being the same as indicated in subdivisions {a) and (b)
of section 103 [3035] of this chapter.”
It is further provided that if willful negligence of the employee is charged,
the burden of proof is on the employer; and that claims for legal services and
disbursements therefor are not a lien against the amounts paid as damages or
compensation unless approved by the judge of the local district court.]
P art I I
ELECTIVE COMPENSATION
S ection 3032. Compensation payable, when.— If both employer and employee
become subject to Part II of this act, both shall be bound by the schedule of
compensation herein provided, which compensation shall be paid in every (rase
of injury or death caused by accident arisiug out of and in the course of em
ployment. except accidents caused by, or resulting in any degree from willful
negligence, as hereinafter defined, of the employee.
S ec . 3033. yvyliyence not a factor.—When employer and employee shall by
agreement, express or implied, or otherwise as hereinafter provided, accept
the provisions of Part II of this act, compensation shall be made for personal
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 negligence of the employer,
according to the schedule hereinafter provided, in all cases except when the
injury or death is caused by willful negligence on the part of the employee;
and the burden of proof of such fact shall be upon the employer.
335
336
w o r k m e n 's COMPENSATION T.AWS— UNITED STATES
Sec. 3034. Remedy exclusive.— [Acceptance of the provisions of Part II of
this article binds ail parties and iheir representatives, effecting a surrender of
every other remedy. I
S ecs. 3035, 303(5. Meet ion.— [In all occupations named in section 3020 above,
and all contracts of employment made after the taking effect of the act, the
electiou of Part II is presumed in ihe absence of express statement in written
or printed form made by either party to the other to the contrary. Employers
must post and maintain notices in conspicuous places of an election not to be
bound by the act. a copy to be filed with the compensation commissioner.
Employees must also notify their employers in writing, tiling a duplicate with
proof of service with the compensation commissioner. Such rejection may be
waived by similar procedure. I
Sec. 3037. Who are employers.—The following shall constitute employers
subject to the provisions of this act:
(1) The State and every governmental agency created by it:
(2) Every person, firm, or corporation, including any public service cor
poration, who is engaged in any trade, occupation, business, or profession as
described in section 97 of this chapter [3029], and who has any person iu
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 article may be claimed, shall not, in the manner provided in section 103
of this chapter [30351, have elected not to become subject to the provisions of
Part II of this article.
Sec. 3038. Employees.—The terms “ employee” and “ workman” are used
interchangeably and have the same meaning throughout this article. The
said terms include the plural'and all ages and both sexes, and shall be con
strued 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, express or implied,
oral or written, but shall not include any official of the State, or any govern
mental 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 section 97 [3029]
of this chapter, 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 jwwer 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 employment is
casual and 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 distinction
from stated or regular.”
(4) It shall not he construed to include any person to whom article^ and
materials are given to be made up, cleaned, washed, finished, repaired, 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.
Part I I I
S ection 3039. Avoiding responsibility as employer.—Any person, firm, or
corporation creating or carrying into operation any scheme, artifice, or device
to enable him, them, 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 nil the
provisions 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 faith,
or a contractor who in good faith lets to a subcontractor a portion of his
contract, if the owner or principal contractor, as the wise 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
TEXT OF LAWS— NEBRASKA
337
in this State, which policy or policies of insurance shall guarantee payment
of compensation according to this act to injured workmen.
Sec. 3040. Basin of compensation.—Where compensation is claimed from,
or proceedings taken against, a person, linn, or corporation under the foregoing
section, the compensation sh:»ll be calculated with reference to the wage the
workman was receiving from the person by whom he was immediately em
ployed at the time of the injury.
Sec. 3041. Injuries by third parties.—J.Where third-party liability exists, the
employer is subrogated to the rights of the employee or his dependents against
such third party, but any excess recovery, less costs, shall be paid to the
employee or his dependents and treated as an advance payment by the
employer on account of any future installments of compensation.]
Sec. 3042. Waiting time.— [No compensation other than medical and hos
pital services is allowed for the first seven days, but compensation begins on
the eighth day after the injury: if disability continues for six weeks or
longer, compensation dates from the date of the injury.]
S e c . 3043. Medical and hospital services.— [The employer must furnish
medical and hospital services, subject to the approval of the compensation
commissioner, not to exceed tbe regular charge of services in similar cases.
The employer may refuse such services, and in cases involving dismember
ment or major surgical operations the employee may designate the physician
or surgeon; but if he refuses or neglects to avail himself of the treatment
offered by the employer, except as herein otherwise provided, the employer
is not liable for an aggravation of the injury due to such refusal and neglect.]
S ec . 3044. Total and partial disability; schedule.—The following schedule
of compensation is hereby established for injuries resulting in disability:
(1) For the first 300 weeks of total disability the compensation shall be
60% per c.ent of the wages received at the time of injury, but such compensa
tion shall not bo more than $15 per week nor less than $6 per week: Provided,
That if at the time of injury the employee receives wages of less than $6 i»er
week, then he shall receive the full amount of such wages per week as com
pensation. After the first 300 weeks of total disability, for the remainder of
the life of the employee, he shall receive 45 per cent of the wages received
at the time of the injury, but the compensation shall not be more than $12
per week nor less than $4.50 per week: Provided, That if at the time of the
injury the employee receives wages of less than $4.50 per week, then he shall
receive the full amount of such wages as compensation. Nothing in this sub
division shall require payment of compensation after disability shall coa.se.
Should partial disability be followed by tolnl disability, the period of 300
weeks mentioned in this subdivision of this section shall be reduced by the
number of weeks during which compensation was paid for partial disability.
(2) For disability partial in character (except the particular cases mentioned
in subdivision 3 of this section) the compensation shall be 06% per cent of the
difference between the wages received at the time of the injury and the earning
power of the employee thereafter, but such compensation shall not be more than
$15 per week. This compensation shall be paid during the period of such par
tial disability; not, however, beyond 300 weeks after the date of the accident
causing disability. Should total disability be followed by partial disability,
the period of 300 weeks mentioned in this subdivision shall be reduced by the
number of weeks during which compensation was paid for such total dis
ability.
(3) For disability resulting from permanent injury of the following classes
the compensation shall be in addition to amount paid for temporary disability:
Provided, however, The compensation for temporary disability shall cease as
soon as the extent of the permanent disability is ascertained, v iz:
For the loss of a thumb, 66% per cent of the daily wages during 60 weeks.
For the loss* of a first finger, commonly called index finger. 66% per cent of
daily wages during 35 weeks.
For the loss of a second finger, 66% per cent of daily wages during 30
weeks.
For the loss of a third finger, 66% per cent of daily wages during 20 weeks.
For the loss of a fourth finger, commonly called the little finger, 66% per
cent of daily wages during 15 weeks.
The loss of the first phalange of the thumb, or of any finger, shall be con
sidered to be equal to the loss of one-half of such thumb or finger, and com
pensation shall be for one-half of the periods of time above specified; and the
338
w orkm en 's
COMPENSATION LAWS— UNITED STATES
compensation for the loss of one-half of the first phalange shall be for onefourth 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 linger exceed the amount provided in this schedule
for the loss of a hand.
For the loss of a great toe, 66% per cent of daily wages during 30 weeks.
For the loss of one of tlie toes other than the great toe, 66% per cent of
daily wages during 10 weeks.
The loss of the first phalange of any toe shall be considered 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.
The loss of more than one phalange shall be considered as the loss of the
entire toe.
For the loss of a hand, 66% per cent of daily wages during 175 weeks.
For the loss of an arm, 66% per cent of daily wages during 225 weeks.
For tlie loss of a foot. 66% per cent of daily wages during 150 weeks.
For the loss of a leg. 66% per cent of daily wages during 215 weeks.
For the loss of an eye. 66% per cent of daily wages during 125 weeks.
For the loss of an ear, 66% per cent of daily wages during 25 weeks.
For the loss of hearing in one ear, 66% per cent of daily wages during 50
weeks.
For the loss of hearing in both ears, 66% per cent of daily wages during 100
weeks.
For the loss of the nose, 66% per cent of daily wages during 50 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 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 considered as the loss of a leg. Permanent total
loss of the use of a finger, hand, arm, foot, leg, or eye shall be considered as tlie
equivalent of the loss of such finger, hand, arm. foot, leg, or eye.
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 [3044J, the compen
sation shall bear such relation to the amounts named in said subdivision 3 of
section 3662 as the disabilities bear to those produced by tlie injuries named
therein. Should the 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 [3062].
Compensation under this subdivision shall not be more than $15 per week
nor less than $6 per week: Provided, That if at the time of injury the employee
receives wages of less than $6 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 shali 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.
S ec . 3045. Death benefits.—If death results from injuries and the deceased
employee leaves one or more dependents wholly dependent upon his earnings for
support at the time of the accident causing the injury, tlie compensation, subject
to the provisions of the next following section, shall be 60% per cent of the
wages received at the time of the injury, but the compensation shali not be
more than $15 per week or less than $6 per week: Provided, If at the time of
injury the employee receives wages of less than $6 per week, then the compen
sation shall be the full amount of such wages per week. This compensation
shall be paid duringdependency, not exceeding 350 weeks from the date of the
accident causing such injury. 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 from an injury of any character sus
tained by any person or ]arsons 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 de
TEXT OF LAWS— NEBRASKA
339
pendent upon bis earnings for support, compensation 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 injuries as
herein defined, whether or not there be dependents entitled to compensation, the
reasonable expenses of burial, not exceeding $150, 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 per
sonal representative.
(4) Compensation under this article to alien dependents, widows, 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, com
mute all future installments of comi>ensation to be paid to such alien dependents
by paying to them two-thirds 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, if a citizen, or
the representative of such consul general, consul, vice consul 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 (he
United States and representing the nationality of the employee. Such consular
officer, or his representative, 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 dis
tribution to such nonresident alien dependent all compensation arising
thereunder.
Sec. 3046. Death of employee receiving comvernal ion.—The death of an
injured employee prior to the expiration of the period within which 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 his 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 suffi
cient, 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 pay
ments 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 hos
pital 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 compen
sation to accrue after his death.
Sec. 3047. Dependents.—The following persons shall be conclusively presumed
to be wholly depeudent for support upon a demised employee:
(a)
A wife ujwn a husband with whom she is living at the time of his
death.
(?>) Husband upon a wife with whom he is living at the time of her death.
(c) Child or children under the age of 18 years (or over said age if physi
cally or mentally incapacitated from earning) upon the parent willi whom he
is or they are living at the time of death of such parent, there being no sur
viving 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 18. No compensation shall be payable
under said section to a widow unless she was living with her deceased husband
340
WORKMEN ’S COMPENSATION LAWS— UX1TED STATES
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 subse
quently, shall not be a beneficiary under this article. The terms “ child ** and
“ children** shall include stepchildren and adopted children if members 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 there
under 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. If a widow or widower ;>f a deceased employee shall remarry,
then the compensation benefits shall become payable to the child or children
of such widow or widower, if then be any such child or children; but if there
be no such child or children of such dependent widow or widower, the rights
of such widow or widower shall not he aliected by such remarriage.
(tf) 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 de
pendent, the death benefit shall be divided 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 i>ersou partly dependent, the death benefit
shall be divided among them according to the relative extent of their depend
ency.
(f)
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 aucestor, or brother, or sister.
(ff) Questions as to who constitute dependents and the extent of iheir de
pendency 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 de
pendent of an injured employee shall be deemed, during the life of such an
employee, a party in interest to any proceeding by him for the enforcement or
<Election of any claim for compensation, nor as respects the compromise thereof
of such employee.
Sec. &M8. Payment*?.—Except as hereinafter provided, all amounts of com
pensation payable under the provisions of this article shall be payable period
ically in accordance with the methods of payment of the wages of tho employee
at the time of the injury or death: Provided, Fifty per cent shall be added for
waiting time for all delinquent payments after 30 days’ notice lias been given
of disability. Whenever the employer refuses payment, or when the employer
ncglects to pay compensation for 80 days after injury, and proceedings are
had before the cmnijensation commissioner, 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.
Skc. 3040. Wage a.—Wherever in this article the term “ wages" is used
it shall be construed t«> mean the money rate at which the service rendered
is recompensed under tho contract of hiring in force at the time o? the acci
dent. and shall not include gratuities received from rlie employer or others,
nor shall it include board, lodging, or similar advantages received from the
employer unless the money value of such advantages4? shall have been fixed
by the parties at the time of hiring. In occupations involving seasonal employ
ment or employments dependent upon the weather, the employee’s weekly
wages shall be taken to be one-fiftietli 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 earniugs 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 con
stituting 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 em
ployer? the calculation, furthermore, to be made with reference to average
earnings for a working-day of ordinary length and exclusive of earnings from
overtime.
TEXT OF LAWS— NEBRASKA
341
Sac. 3030. Willful negligence.—I f the employee is injured by reason of his
intentional willful negligence, or by reason of being in a state of intoxication,
neither he nor his beneficiaries shall receive any compensation under the pro
visions of this article.
Sec. 3051. Second injuries.—If an employee receives an injury which of itself
would only cause partial disability, but which, combined with a previous dis
ability 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.
Sec. 3052. Joint employers.—In case any employee for whose injury or death
compensation is payable under this article shall, at the time of the injury, be
employed and paid jointly by two or more employers subject to this article,
such employers shall contribute to the payment of such compensation in pro
portion 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 11 of
this article, then the liability of such of them as are so subject shall b** to
pay that proportion of the entire compensation which tlieir 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 compensation.
Skc. 3053. Employee's insurance, etc.—No savings or insurance of the injured
employee, or any contribution made by him to any benefit fund or protective
association 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 the employer as
herein provided be considered in fixing the compensation under this article.
Sec. 3054. Waivers.—No agreement by an employee to waive his rights to
compensation under this article shall be valid.
Sec. 3055. Incompetents.—If an injured employee is mentally incompetent or
is a minor at the time when auy 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.
Sec. 3056. Notice of injury.— [Notice of injury must be given to an employer
as soon as practicable after the happening thereof, and claims within six
months from the injury or death, or in case of physical or mental incapacity,
within six months from the removal of the same. Notices must be in writing
and signed by the claimant or legal representative or some one in his behalf.
Service may be personal or by registered mail. Inaccuracy does not invalidate
unless it is shown that there was an intention to mislead actually effective.
Want of notice is not a bar to proceedings if it is shown that the employer had
notice or knowledge of the injury.]
P art IV
S ectio ns 3057, 3058. Medical examination.—[Employees giving notice of in
jury must submit themselves to examination by a physician furnished and paid
by the employer or insurance company, the employee having the right to have
present a physician of his own selection. Refusal to submil deprives of the
right to compensation during its continuance, the amount to be deducted from
the total otherwise payable. In case of death an autopsy may be demanded at
the cost of the party making the request.]
Secs. 3059-3061. Settlement.— [The parties in interest may settle .ill compen
sation matters between themselves in accordance with the provisions of this
article, subject to the approval of the commissioner. Disputed claims must be
submitted to the commissioner for an award, and in case of dissatisfaction with
the award the matter may be submitted to tlie district court of the county,
which shall have authority to hear and determine the cause as in equity and
enter final judgment thereon, subject, however, to reversal, dismissal, or modi
fication on appeal, or otherwise modified according to the provisions of this
act. Appeals from the commissioner’s award must be taken within seven days.
Claims for compensation are forever barred unless within one year an agree
ment has been made or a petition filed for adjustment of the dispute. If pay
ments of compensation have been made or there is legal disability, the period
begins to run from the date of the last payment or from the removal of the
legal disability.]
Sec. 3062. Procedure.— [In cases of dispute either party may file with the
commissioner a verified petition stating the facts and information necessary
342
w o r k m e n ’s COMPENSATION LAWS— UNITED STATES
for a determination of the dispute. The adverse party is to be served with a
copy of the petition and a summons. Verified answers are provided for, follow
ing which the commissioner makes his recommendations and awards. If these
are rejected by either party, similar petition may be submitted to the district
court, of which notice shall be given and opportunity for answer allowed. At
the expiration of the time allowed the court shall render judgment according to
the form of law. An appeal may be taken within 30 days to the supreme court,
provision being made for an early determination of the questions involved.]
S e c s . 3063-3007. Lump-sum -settlements.— [Periodical payments may be com
muted to one or more lump-sum payments by agreement, except in cases of
death or permanent disability, which may be commuted only on the order or
decision of the district court. The present worth capitalized at 5 per cent per
annum, with annual rests, is the basis for such commutation. Settlements by *
agreement approved by the commissioner are final, as are awards made by the
court, except periodical payments running six months or more; no agreement
or finding is final unless in conformity with this article. Lump-sum settlements
are not open to review, but continuing payments may be modified by agreement
of the parties or on application based otf change of physical condition or
dependency. In such case the same procedure is to be followed as in cases of
disputed claims for compensation.
At any time after a settlement has been arrived at a sum equal to the pres
ent value of future installments, where the amount is certain, may, by leave
of the court, be paid by the employer or insurer to a trustee for the benefit
of the beneficiary, thus releasing the employer or insurer as the case may be.
lu case of death or where no executor or administrator is qualified, payments
may he made to the person who would be appointed administrator of the
estate.]
Sec. 3068. Reports of accidents.— [Accidents and settlements must be re
ported in form and manner as prescribed by the commissioner. If a deceased
employee is a citizen or subject of a foreign country, the compensation com
missioner is required to notify the proper consular officer representing such
country. Such notice must contain such information as the commissioner may
possess as to the place of birth, parentage, and names and addresses of the
dependents of the employee.]
Sices. 3060-3071. Insurance.— IPrivate employers must insure and keep in
sured their liability under this article in some authorized organization or com
pany or furnish proof of financial ability to make direct payments of com
pensation under the act. In the latter case, security or bonds to secure the
payment may be required. Noncomplying employers will be regarded as having
ejected not to come under the terms of Part II of this article with corre
sponding liability in an action for damages.
Insurance policies must contain an agreement for prompt payment of the
benefits conferred by the act. directly to the person entitled to the same without
regard to any default of the insurer after the injury or default as to the notice.
Forms of policies must be approved, and all policies will be deemed to be made
subject to the provisions of the act. Notice and jurisdiction o r the employer
govern the insurer, and all awards or decrees against the employer are binding
as against the insurer.
Kxisting insurance contracts are not affected, nor the organization of mutual
companies or schemes for benefits in addition to the compensation provided by
this article; but the compensation provided herein shall not be reduced or
allcclcd.]
P art V
MISCELLANEOUS PROVISIONS
S e c t i o n 3072. Claims released.—If any employee, o r 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 employer, or from any in
surance 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 release to such employer of all claims or
demands at law, if any, arising from such injury.
Sec. 3073. Assignments, etc.—No payments under this article shall bo assign
able or subject to attachment or garnishment, or be held liable in any way for
any debts, except as provided in section 09 [3031] of this chapter.
TEXT OF LAWS— NEBRASKA
343
Seo. 3074. Preferences.—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, but such compensation shall not become
a lien on the property of third persons by reason of such preference.
Sice. 3075. Definition*.—Throughout this act the following words and phrases
as used therein shall be considered to have the following meaning, respectively,
unless the context shall clearly indicate a different meaning in the construc
tion used:
(а) 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.
(б) The word “ accident,'’ as used in this act, shall, unless a different mean
ing 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 re
sults therefrom. The said terms shall in no case be construed to include oc
cupational disease in any form, or any contagious or infectious disease con
tracted 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
ovdy death resulting from such violence and its resultant effects occurring
within 350 weeks after the accident.
(c) Without otherwise affecting, either the meaning or interpretation of the
abridged clause, 44personal injuries arising out of and in the course of employ
ment,” 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.
(d) For the purpose of this act, willful negligence shall consist of (1) delib
erate act, or (2) such conduct as evidences reckless indifference to safety, or
(3) intoxication at the time of the injury, such intoxication being without the
consent or knowledge or acquiescence of the employer or the employer’s agent.
(c)
Whenever in this act the singular is used, the plural shall be included;
where the masculine gender is used, the feminine shall be included.
(f)
The 44court,” 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 44judge *’ shall mean a judge of said court.
iff) The designation 44compensation commissioner” or 44commissioner,” as
used herein, is intended to mean the State official designated by the Statutes
to administer this article.
S ecs . 3076-3080. Administration.— [The commissioner of labor of the State
is made compensation commissioner with the duty of executing the provisions
of the compensation law, succeeding to the powers previously vested in the
compensation commissioner. He may issue rules and regulations, subp<ena
witnesses, examine under oath parties in interest, including the officials of
insurance companies and any medical practitioner. A compensation division
is created in the bureau of labor, and the commissioner may appoint such
assistants ag may be necessary to carry out the provisions of the act. The
giving of testimony and submission to examination may be enforced by pro
ceedings in the district court.
The commissioner may regulate proceedings, the nature of notices and the
scrvice thereof; he is not bound by technical or formal rules or proceeding
in hearings, must maintain a full and true record of all proceedings, and
furnish necessary blanks and supplies for the administration of the act.
Annual reports of operations under the act are provided for.]
Shcs. 3081-3084. Miscellaneous provisions.— [Saving provisions are enacted
in case of the declaration of unconstitutionality of any part of the act. the
I)rovisions being severable, except that Parts I and 11 are inseparable, s*
that if one is declared void the other falls with it. Existing rights of action
are preserved, and extension of time is provided for in case the article be
repealed or held invalid.]
NEVADA
ACTS OF 1013
C h apter
111.—Compensation of workmen for injuries
Section 1 (as amended 1915. ch. 190; 1917, ch. 233; 1025, ch. 114). Election
by employer*.— (Acceptance of the terms of this act by an employer raises
the conclusive presumption of his compliance therewith, and relieves him from
other liability for recovery of damages unless by the terms of the act otherwise
provided. As to public employments, the terms and conditions of the act
are conclusive, compulsory, and obligatory upon both employers and employees,
but subcontractors and their employees are deemed to be the employees of a
contractor. Failure to accept the provisions of the act is deemed to be a
rejection of its terms and provisions, in which case the employer may not
plead the defenses of assumed risk, fellow service, or contributory negligence
unless wilit'ul and with intent to cause injury, or the result of intoxication.
Furthermore, it will be presumed than an injury to the employee was the first
result and grew out of the negligence of the employer as the proximate cause
of the injury, and the burden of proof to rebut tho presumption of negligence
rests upon the employer.
A presumption of rejection is conclusive* in the absence of a written notice
of an election to accept given to the industrial commission, substantially in
the form prescribed. Where such notice of election has been given, and the
employee has not given a notice of rejection, every contract of hire is to be
construed as ail implied agreement on the part of the employer to pay com
pensation and the employee to accept it in case of any personal injury arising
out of and in the course of the employment. Employers electing to accept
the act must pay the premiums provided for and be governed by the provisions
of the act' as to all its conditions. Failure to pay such premiums operates as
a rejection of the terms of the act, of which notice must be conspicuously posted
by the rejecting employer. 1
Shc. 2. Willful intmti.—No compensation under this act shall be allowed for
an injury caused:
(a) By the employee’s willful intention to injure himself or to willfully
injure another; nor shall compensation be paid to an injured employee if
injury is sustained while intoxicated.
Sec. 2% (added 1037, ch. 233). Deductions from wages.— [Employers may
make no deduction from the wages of employees on account of the costs of
the liability incurred by the employer by reason of his rejection of this act.l
S ecs . 3, 4 (as amended 1915, ch. 190; i917, ch. 233). Election by em
ployees.— [The provisions of the act are exclusive as to rights and remedies
for injuries to employees, binding their legal representatives, dependents, and
next of kin, and election to accept is conclusively presumed on the part of
an employee until written notice to the contrary has been served on the em
ployer and also on the industrial commission. If the employee rejects, the
rights and remedies do not apply and the employer may plead the commonlaw defenses unless the injury was due to the employer’s failure to maintain
statutory safety devices or to violations of statutes and rules for the safety of
the employees, in which case the doctrine of assumed risk will not be available.
The employer’s acceptance or the employee's rejection continue until waived,
which may be by writing in the same manner as such election or rejection
was effected.]
Sec. 5. Rejection by both parties.—Where the employer and employee elect
to reject the terms, conditions, and provisions of this act. tlie liability of the
employer shall be the same as though the employee had not rejected the terms,
conditions, and provisions thereof.
Sec. 6. Premiums to be paid.—An employer having come under this act. who
thereafter elects to reject the terms, conditions, and provisions thereof, shall
not be relieved from the payment of premiums to Nevada industrial com344
TEXT OF LAWS— NEVADA
345
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.
Sec. 7 (as amended 1019, ch. 17<>). Third party liability.— [Where the injury
arose under circumstances creating a legal liability for damages in some other
person than the employer, the employee or his beneficiary may proceed against
such third party for damages, but the amount of compensation under the act
will be reduced by the amount of the recovery. If benefits were paid by the
commission, it will be entitled to indemnity frorn such third party and is sub
rogated to the rights of the employee to recover therefor.]
Sec. 7% (added 1919, ch. 170; amended 1921, ch. 218; 1925, ch. 114). Employer*.—The term “ employer ” as used in this act shall be construed to mean: The
State, and each county, city anil county, city, school district, and all public cor
porations and quasi-public corporations therein, and every person, firm, voluntary
association, and private corporation, including any public-service 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 repre
sentative of any deceased employer.
Sec. 7% (a). Employees.—The term “ employee” as used in this act shall
be construed to mean: Every person in the service of an employer as defined
in section 7% 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
irrespective of profits from such partnership, but excluding any person whose
employment is both casual and not in the course of the trade, business, pro
fession or occupation of his employer: Provided, That the term “ casual ” as
used herein shall be taken to refer only to employments where the work
contemplated is to be completed in not exceeding 10 working-days, without
regard to the number of men employed and where the total labor cost of
such work is less than $100: And provided further, That volunteer firemen,
while engaged in their duties as such, belonging to a regularly organized and
recognized volunteer fire department, shall be deemed, for the purpose of this
act employees of the city or town so recognizing them at the wage of $150
per month, and shall be entitled to the benefits of this act upon such city or
town complying therewith.
Sec. 7Ms (b). Workmen** associations.—Workmen associating themselves
under a partnership agreement, the principal purpose of which is the per
formance of the labor on a particular piece of work, shall l>e 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.
S ec. 7% (c). Leaser*.—Workmen, commonly called “ leasers,” engaged indi
vidually or in association with other workmen in performing manual labor upon
the mining property of another in the expectation of finding, developing, 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 employees of such lessor, and for
the purposes of this act shall be deemed to be employed at the average w^ge
paid to regularly employed miners in the locality.
Sec. 7V& (d). Employees to be reported when.—Workmen described in the
foregoing sections V/% (5) and 7% (c), wln;se employer has accepted the pro
visions of the Nevada industrial insurance act, shall be reported by such
employer, separate and apart from those employed at a daily wage, and such
report shall briefly describe the agreement under which the work is to lie
performed, the aggregate number of shifts worked during the preceding
month, and the total amount earned by such employees, computed on the aver
age daily wages of workmen engaged in like work in the same locality;
otherwise the pay roll reports and premium payments on earnings of employees
described in this section shall be governed by the requirements of this act
regarding employees engaged at a regular wage: Provided, however, That any
such workmen, partnership, or leasers, by filing with this commission as accept
ance of the provisions of the act and by the payment of the premiums in
346
w o r k m e n ’ s COMPENSATION LAWS— UNITED STATES
advance upon the estimated earnings of themselves, and any workmen they may
employ, may discharge the obligation placed upon the employer, and during
the period of their compliance with the provisions of this act, the person having
the work executed, as provided in section 7% (6), or the lessor as provided
in section 7% (<?), shall l>e relieved of this obligation.
Secs. 8 (as amended 1015, ch. 190), 0, 10 (as amended 1915; ch. 190), 11-20.
Administration; procedure.— 1A commission known as the Nevada Industrial
Commission is charged with the administration of the act. This commission
of three members is appointed by an industrial commission board consisting of
the governor, attorney general, and inspector of mines. Appointees serve for
terms of four years, not more than two to be of the same political party. A
chairman is designated by the governor. The appointing board may remove
any commissioner for inefficiency, neglect of duty, or misconduct in office, after
hearing. Compensation for services is $10 per day for the time actually em
ployed, not to exceed $150 per month, though the chairman shall serve as
executive officer and is entitled to additional compensation as fixed by the
appointing board and approved by the governor. Sessions of this commission
are to be continuous and all proceedings constitute a public record. Offices are
to be maintained in the Capitol, and the commission may employ an actuary,
inspectors, clerks, and other assistants and fix tlteir compensation, all after
approval by the governor. The commission is to adopt reasonable and proper
rules as to proceedings, forms, notices, examinations, etc., and its members,
secretary, inspectors, and examiners have power to administer oaths, issue
subpoenas, certify official acts, require the attendance of witnesses and the
production of books, papers, and testimony. Employers must furnish the
information desired on the request of the commission and must fill out any
blanks received from it or give good and sufficient reasons for failure.
The giving of testimony may be enforced on application to the district judge
of the county. Officer serving subp&nas on witnesses have the same fees and
mileage as in civil cases in courts of record. Depositions may be taken within
or without the State, and a transcribed copy of evidence properly certified may
be received in evidence by the commission. The commission is to prepare and
furnish blank forms for distribution to employers in connection with the
administration of the act.]
S ecs . 21 (as amended 1915, ch. 193; 1917, ch. 233; 1919, ch. 176; 1925, ch.
114), 22 (as amended 1915, ch. 190; 1919, ch. 176). State insurance fund
premiums.— [Employers accepting the act must pay premiums based on their
estimated total pay roll at rates fixed by the industrial commission. Monthly
IKiy-roll returns must be made, showing total time worked, total payments,
and classifications of employment as the commission may require, accom
panied by the premium due thereon. No arrangements may be made for the
payment of premiums in advance for a period of more than 60 days. Failure
to make the payments required operates as a rejection of the act, and if an
audit of the pay roll shows a balance due, the commission may require the
payment of a sufficient sum to cover the deficit together with an amount esti
mated to constitute an adequate advance premium for the period covorcd.
The State and its municipalities, and also contractors and subcontractors there
under. must make quarterly reports showing employment and payments to
employees for the quarter. The commission may, as experience and condi
tions demand, increase or decrease the rates provided giving 60 days notice
on any change; it may also classify occupations with respect to their degree
of hazard and fix premium rates accordingly for classes sufficiently large to
provide an adequate fund for the compensation provided for in the act and
create a surplus large enough to guarantee a satisfactory State insurance fund
from year to year.
Premiums are to be adjusted so that the fund shall become neither more
nor less than self-supporting, and if on annual examinations it appears that
there is an excess of assets over liabilities (including necessary reserves
and a catastrophe hazard protection of $100,000) credit may be allowed or
a cash dividend declared in those classes where contributions have been in
excess of liabilities. If any establishment or work is found to be compara
tively dangerous, its classification or risk and premium rates is to be ad
vanced proportionately. A rebate may be allowed those employers whose
experience shows a high standard of safety or accident prevention, differentiat
ing it from other like establishments or plants. Such rebate may not exceed
10 per cent where an accident experience has been maintained for 12 months
TEXT OF LAWS— NEVADA
347
at less than 60 per cent of the average or 15 per cent for two consecutive
periods of 12 months.]
Sew. 23. (as amended 1917, ch. 233; 1919, ch. 176; 1925, ch. 61). Medical,
etc., aid.— [Medical and hospital treatment is to be given promptly, includ
ing surgical sui>plies, crutches, apparatus, and artificial members as reason
ably required at the time of the injury and within six months thereafter,
which period may be extended for the additional term of one year. The bene
fits named are called “ accident benefits,” for which a separate fund is estab
lished. This fund is maintained by premiums on the pay roll of the em
ployers, who are authorized to collect one-half thereof, not more than $1
per month from each employees deducting the same from the wages of the em
ployees. The commission may adopt such rules and regulations as are neces
sary to carry out these provisions. Fees and charges for such accident benefits
are subject to regulation by the commission, and are limited to such as pre
vail in the community for similar treatment of injured persons of like stand
ard of living. The insurance fund is separate and distinct, and is not liable
for accident benefits.
It is the duty of the employers to furnish necessary first aid, including,
transportation to the nearest place of proper treatment, and to notify the
commission forthwith, giving name, nature of accident, and where and by
whom the injured employee is being treated. Employers contributing to
the accident benefit fund are entitled to reimbursement therefrom on account
of expenditures reasonably made in this connection.
Employers may alone or with other employers make arrangements for the
supply of accident benefits required, collecting one-half the cost thereof from
their employees, not more than $1 per month from any one. Employers
electing to make such arrangements must notify the commission thereof and
render a detailed statement of the arrangements made. Annual reports are
required showing amounts collected from employees and amounts contributed
by employees, itemized expenditures, and balance, if any. If reasonable
grounds appear for believing that treatment is inadequate or that life and
health are in danger or impaired thereby, the commission may order a change
in the physician or other requirements, and if the employer fails to properly
comply with the order the injured employee may apply to the commission
for treatment, which shall furnish assistance provided for in the act, the
commission having a cause of action on account thereof against the employer
or hospital association.]
Sec. 24. Custody of fund.— [Premiums are to be paid to the State treasurer
as custodian of the fund for the benefit of employers and employees.]
Sec. 25a (as amended 1915, ch. 190; 1917, ch. 223; 1919, ch. 176; 1921. ch.
361; 1925, ch. 168). Death bem-efits.—Every employee in the employ of an em
ployer within the provision of this act who shall be injured by accident arising
out of and in the course of employment, or his dependents, as hereinafter
defined, shall be entitled to receive the following compensation:
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:
3. Burial expenses, not to exceed $150, in addition to the compensation
payable under this act.
2. To the widow, if there is no child, 30 per cent of the average wage of
the deceased. This compensation shall be paid until her death or remar
riage, with two years’ compensation in one sum upon remarriage.
3. To the widower, if there is no child, 30 per cent 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 compen
sation payable under clause 1 or clause 2, and in addition the addi
tional amount of 15 per cent of such wage for each such child until the age of
18 years. In case of the subsequent death of such surviving wife (or depend
ent husband) any surviving child of the deceased employee shall have his
compensation increased to 35 per cent of such wages, and the same shall be
payable until he shall reach the age of 18 years: Provided, That the total
amount payable shall in no case exceed 66% per cent of such 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
1965°—26------23
348
w o r k m e n ’ s c o m t k t t s a t t o w l a w s — u n t t f .t> s t a t e s
compensation payable on account, of any child shall cease when he dies, mar
ries. or ronehex the age of 18 years, or if over 18 years, and incapable of selfsupi>ort, becomes capable of self-support.
5. 1C there be a surviving child or children of the deceased under the age of
18 years, but no surviving wife (or dependent husband) then for the support
of each child until the age of 18 years. 15 per cent of the wages of the
deceased: Provided, That the aggregate shall in uo case exceed 66% per cent
of such wages.
6. If there be no surviving wife (or dependent husband) or child under the
age of 18 years, there shall be paid to a parent, if wholly dependent for sup
port upon the deceased employee at the time of his death, 25 per cent of the
average monthly wage of the deceased during dependency, with an added al
lowance of 10 per cent if two dependent, parents survive: to the brothers or
sisters, under the age of 18 years, if one is wholly dependent upon the deceased
employee for support at the time of injury causing death, 20 per cent of the
average monthly wage for the support of such brother or sister, until of the
age of 38 years. If more than one brother or sister is wholly dependent, 30
per cent 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, 10 per cent divided
among such dependents share and share alike.
7. In all other cases, questions ot* total or partial dependency shall be deter
mined in accordance with the facts as the facts may be at. the 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 dura
tion of such compensation to partial dependents shall be fixed by the com
mission in accordance with the facts shown, but in no case exceed compensa
tion for 100 months.
S.
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 rime to lime, apportion such compensation betwreen them in such
way as it: deems best for the interests of all hencficiaries.
If a dependent lo whom a death beueiit is to be paid is au alien not residing
in the United States, the compensation shall be only 60 per cent of the amount
or amounts above specified.
9. Any excess of wages over .$120 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, dependent
children, or persons wholly deiiendent, no lump-sum settlements shall be
allowed.
33. In case of the death of any dependent specified in the foregoing enumera
tion before the expiration of the time named in the award, funeral expenses
not to exceed $350 shall be paid.
Sec. 251# (as amended 1925, ch. 368). Total dlmbUity.—For temporary total
disability, if there be no one residing in the United States totally dependent
upon the workman at the time of the injury, compensation of 60 per cent of
the average monthly wa^e, but not more than $72 nor less than $30 per month,
but not exceeding 100 months, during the period of such disability, total
amount not to exceed $7,200; if there be persons residing in the United States
totally dependent for support upon the workman, compensation as provided
herein with an additional allowance of $10 per month for such dependents
during the r*eriod of such disability.
2.
In cases of total disability adjudged to be permanent, compensation of
60 i>er cent of the average monthly wage, but not less than $30 per month nor
more than $60 pe?’ month during the life of the injured person: Providedf In
cases of permanent total disability, if the character of the injury is such
as to render the workman so physically helpless as to require the service of a
constant attendant, an additional allowance of $‘*0 per month may l>e made so
long as such requirements shall continue, but such iitcrca.se shall not obtain or
be operative wiiile the workman is receiving hospital care under or pursuant
to the provisions of section 23 of this act.
TEXT OF LAWS— NEVADA
349
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 insanity.
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, iktmanent- total disability shall be determined in accordance with the facts.
Sec. 2.")c (as amended 1925, ch. 168).- Partial disability: xcheduh'.—1. For
temporary partial disability, 00 per cent of the difference between the wages
earned l>efore file injury and the wages which the injured person is able to
earn thereafter, but not more than $40 per month for a period not to exceed
60 months during the period of said disability. For the purpose of this provision
any excess of wages over $120 per month shall not be taken into account in
computing compensation for temporary partial disability.
2.
In <rase of any of the following specified injuries, the disability caused
thereby shall be deemed a permanent partial disability, and compensation
of 50 per cent of the 5*verage monthly wage, subject to a minimum of $30 per
month and a maximum of $60 per month, shall be paid in addition to the
compensation paid for temporary total disability for the period named in
the following schedule:
(a) For the loss of a thumb, 15 months.
. (ft) For the loss of a first. finger, commonly called the index finger, nine
months.
(r) For the loss of a second finger, seven months.
(d) For the loss of a third finger, five months.
(e) For the loss of the fourth finger, commonly called the little finger, four
months.
if) 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 one-half of such
thumb or finger, and condensation shall be one-half of the amount specified
for the loss of the entire thumb or finger.
{(f) 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, hoicever,
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 months.
(/) For the loss of one of the other toes other than the great toe, two and
one-hall* months.
(j) However, 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 onehalf of the amount above specified.
(7i) The loss of more than one phalange shall be considered as the loss
of the entire toe.
(/) For the loss of a major hand, 50 months; the loss of a minor hand,
40 months.
( to) For the loss of a major arm, 60 months; for the loss of a minor arm,
50 months.
( n) For the loss of a foot, 40 months.
(0) For the loss of a leg, 50 months.
(p) For the loss of an eye by enucleation, 30 months.
(q) The permanent and complete loss of sight in one eye without enuclea
tion, 25 months.
(r) For permanent and complete loss of hearing in one ear, 20 months.
(ti) For pennanent and complete loss of hearing in both ears, 60 months.
( 1) 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.
(tt) For the partial loss of use of a finger, toe, arm, hand, foot, leg, or
partial loss o f sight or hearing, 50 per cent of the average monthly wage during
that proportion of the number of months iu the foregoing schedule provided for
350
w o r k m e n ’s COMPENSATION LAWS— UNITED STATES
tlie complete loss of use of such member, 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.
(t?) For permanent disfigurement about the head or face, which shall
include injury to or loss of teeth, the commission may allow such sum for
compensation thereof as it may deem just, in accordance with the proof sub
mitted, for a period not to exceed 32 months.
(ic) In all cases of permanent partial disability, not otherwise specified
in the foregoing schedule, the percentage of disability to the total disability
shall be determined. For the purpose of computing compensation for a
disability that is partial in character but: permanent in quality, 50 per cent
of the average monthly wage not to exceed the sum ol‘ $60 per month for the
period of one mouth shall represent a 1 per cent disability.
In determining the percentage of disability, consideration shall be given,
among other things, to any previous disability, the occupation of the injured
employee, the nature of the physical injury, and the age of the employee at
the time of the injury.
(j?) Where there is a previous disability, as the loss of one eye, one haiid,
one foot, or any other previous permanent disability, tlie percentage of disability
for a subsequent injury shall l>e determined by computing the percentage of
the entre disability and deducting therefrom the percentage of the previous
disability as it existed at the time of the subsequent injury.
(//) 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 em
ployee, if his death be caused by, or in so far as his disability may be ag
gravated, caused or continued by an unreasonable refusal or neglect to*
submit to or follow any eomi>etent and reasonable surgical treatment or
medical aid.
S bc. 26 (as amended 1915, ch. 190; 1917, ch. 238). Dependent a.— (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 38 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 dependency is shown, and a stepchild or step
children may be regarded in this act as a natural child or children, if the
existence and fact of dependency is shown.
(ft) 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 become 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.
Sec. 27 (as amended 1935, ch. 15)0; 1939, eh, 376; 3923. ch. 106). Waiting
time.—No compensation shall be paid under this act for an injury which
does not incapacitate the employee for a period of at least seven days from
earning full wages; but if the incapacity extends for a period of seven or
more days, such coni|)ensation shall then be computed from the date of the
injury.
S ecs . 28 (as amended 1915, ch. 190), 29. Assignments, etc.; waivers.— [Com
pensation claims and awards are not assignable prior to the delivery of the
warrant for payment; they are exempt from attachment, garnishment, and
execution; but payments to consuls, etc., representing nonresident aliens, are
full discharge of the benefits payable. No employer or workman inay waive
the benefits of the act.]
Sec. 30. Remarriage of widow.— [The provisions of this section of the origi
nal act are presumably repealed, being in apparent conflict with section 25a 2,
as amended in 1939.]
TEXT OF LAWS— NEVADA
351
Sko. 31. Lump sums.—The Nevada industrial commission may, in its dis
cretion, 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 he devised for obtaining the
present value of such compensation.
Sec. 32 (as amended 1915, ch. 190). Medical examinations.— [Workmen en
titled to receive compensation must, if requested by the commission, submit
to medical examinations at reasonable times and places. The employer may
have his own physician present If he refuses to submit or obstructs such
examination, right to benefits ceases until an examination has takeu place
and is forfeited for the period. Persistence in insanitary or injurious prac
tices tending to imperil or retard recovery and refusal to accept reasonable
essential treatment mny result in a reduction or suspension of compensa
tion in the discretion of the commission. False statements for the purpose of
obtaining benefits forfeits all right to compensation under the act after
conviction for such offense. 1
S e cs . 33 (as amended 1917, ch. 233), 34, 34% (added 1917, ch. 233), 35, 36,
37 (repealed), 38. Notice and claim.— [Employers and attending physicians
must report to the commission all injuries to employees resulting in loss of
life or personal injury. These reports are to be in such form and detail
as the commission prescribes. Information gained by physicians while in
attendance on the injured man is not a privileged communication if required
by the commission for the proper determination of the case.
Employees suffering injury must report forthwith to the employer, and
the physician in attendance must likewise report to the employer and the
commission. An employer when informed of an accident must send a physician
chosen by him to make an examination of the injury, who shall also report
to the employer and the commission. If the injury is not reported by the
employee or his physician as above, or if the injured employee refuses to admit
the employer’s physician to make an examination, no compensation shall be
paid for the injury; but the commission may in its discretion relieve the
injured person or his dependents of such forfeiture if it appears that the
circumstances were such as to excuse the failure to report where such relief
of forfeiture will not result in an unwarrantable charge against the State
insurance fund.
Workmen entitled to compensation must, file application therefor, together
with a certificate of the physician who shall assist the injured workman in
making his application and furnishing proof, such service to be without
charge In case of death a similar application must be made by the parties
entitled to benefits or some one in their behalf. No application will be valid
or claim enforceable unless filed within one year from the date of the occur
rence of the injury. If change of circumstances warrants a change in the
amount of compensation, application therefor must be made in like manner,
but no change will have any retroactive effect.
Notice of an injury must be made within 30 days after the accident causing
it. or, if fatal, within 60 days after the death. Claims for compensation
must be filed within 90 days after the happening of a nonfatal accident or
within one year after a death. Notices are to be in writing, in ordinary
language, and signed by the claimant or some one in his behalf. Service
may be personal or by letter sent by registered mail. Failure to give notice
and make claim are a bar unless excused for some sufficient reason or if the
employer has actual knowledge, or if the failure was due to ignorance of
fact or law, physical or mental inability, or to fraud, misrepresentation, or
deceit.
Books, records, and pay rolls of employers are open to insiiection by the com
mission or its employees in connection with the administration of the act.. Mis
representation of the pay roll makes the employer liable in ten times the amount
of the difference of the premium and the amount that the employer should
have paid.
The commission is authorized to prosecute, defend, and maintain actions in
its own name for the enforcement of the provisions of the act.]
Sec. 39. Violations of statute.—If any workman be injured because of the
absence of any safeguard or protection required to be provided or maintained
by, or pursuant, to, any statute or ordinance or any departmental regulation
under any statute, or be at the time of Mie injury of less than the maximum
age prescribed by law for the employment of the minor in the occupation in
352
w o r k m e n 's co m p en sa tio n LAWS— UNITED s t a t e s
which he shall bo engaged when injured, the employer shall be liable to the
Nevada industrial commission for a penalty of not less than $300 or more than
$2,000 to be collected in a civil action at law by the commission.
The foregoing provision of this act shail not apply to the employer if the ab
sence of such guard or such protection be due to the removal thereof by the
injured workman himself, or with his knowledge, by any fellow workman, un
l e s s 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, un
less 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 25 per cent.
S e c s . 40 (as amended 1915. ch. 300: 1919. ch. 170) 40% (added 1917, ch.
233). State fund.— [A State insurance fund is provided for to be maintained
by preminums, contributions, etc., collected in accordance with the terms of the
act. The State treasurer is custodian, but the State shall not be liable for the
payment of any compensation, salaries, or expenses, save and except from the
State insurance fund, but it is responsible for the safety and preservation
of such fund. Surplus may be invested with approved securities, and 25 per
cent of the fund may be deposited in banks, partly in open and partly in time
accounts. Members of the commission give bond subject to the approval of the
governor. The commission has a seal of which the courts will take judicial
notice. Annual audits, or oftener if deemed necessary, are provided for.!
S e c . 41 (as amended 1915, ch. 190; 1925, ch. 114). Emptoifment outside
State.—If a workman or employee within the provisions of this act; who has
been hired iu this State and whose usual and ordinary duties of such employ
ment are confined to the State is sent out of the State on business or employ
ment 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 compensa
tion according to the provisions of this act, even though such injury was
received outside of this State.
Any employer of labor in the State of Nevada and any employee thereof,
whether hired in or out of the State and whose duties may be partially
or wholly out of the State, may, by their joint election, elect to come under
the provisions of this act in the manner following: Both the employer and the
employee shall file with the commission a written statement that they accept
the provisions of the Nevada industrial insurance act. When filed such state
ment shall operate to subject them to the provisions of said act, and of all
acts amendatory thereof, until such time as the employer or employee shall
thereafter file in the office of the commission a notice in writing that he with
draws his election. After such joint election is made, any employee who re
ceives personal injury by accident arising out of and iu the course of such
employment shall be entitled to receive compensation according to the pro
visions of this act, ewn though he was hired outside of this State and re
ceived such injury outside of this State.
Sicc. 42. Title.—This act shall be known as the “ Nevada industrial insurance
act.”
S k c . 43 (as amended 1919, ch. 176). Scope of act.— {a) This act shall apply
to all employers of labor in the State of Nevada and their employees and
dependents of their employees, but excludes any employee 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 iudemnity, or any other device shall modify, change, or waive
any liability created by this net: and such contract of employment, insurance,
relief benefit, or indemnity, or other device, having for its purpose the waiver
or modification of the terms or liability created by this act, shall be void.
(lj) Any employer of labor in the Stale of Nevada, having in his employment
any employee excluded from the benefits of the act under subdivision (a) of
this section and any such employee may, by their joint election, elect to come
under the provisions of this act in the manner hereafter provided. ‘
(c)
Such election on the part of the employer shall be made by filing with
the commission a written statement that be 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 commission a notice in
writing that he withdraws his election.
T E X T OF T A W S — N E V A D A
353
(d)
Any employee in the service of any such employer shall bo 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 acci
dent for which compensation is claimed:
(1) The employer charged with such liability is subject to the provisions 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.
{&) 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 com
mission.
(f)
Employers becoming contributors to the State insurance fund or the
accident benefit fund, pursuant to the provisions of this section 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 proportionate administrative expense
and compensation on account of injuries and death of employees of this class.
S e c s . 44-49, 50 (added 1919, ch. 176). Construction, etc.— [If any employer
or workman is adjudicated to be outside of the lawful scope of the act, it
shall not apply to him or them, but such adjudication will not impair the
validity of the act in other respects. Provision is made for declarations of
invalidity of the act or parts thereof; also for subsequent repeal and dispositiou
of the fund. The act became effective July 1, 1913.]
NEW HAMPSHIRE
PUBLIC LAW 8— 1926
C h apter
178.— Compensation o f workmen fo r injuries
S e c t i o n 1. Scope of law.—This chapter 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 caused by iVllow
servants are great and difficult to avoid:
I. Railroads. The operation on steam or electric railroads of locomotives,
engines, trains, or cars, or the construction, alteration, maintenance, or repair
of railroad tracks or road beds over which such rolling stock is to be operated.
II. Machinery. Work in any shop, mill, factory, or other place on, in con
nection 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.
III. Electricity. The construction, operation, alteration, or repair of wires
or lines of wires, cables, switchboards, or apparatus charged wirh electric
currents.
IV. Explosives. 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-, That injury is occasioned by the explosion of any
such boiler or explosive.
V. Quarries, etc. Work in or about any* quarry, mine, or foundry.
Sec. 2. Liability.—If, in the course of any of the employments above
described, personal injury, by accident arising out of and in the course
of the 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 employer
or any of his officers, agents, or employees; or by reason of any defect or
insufficiency due to his or their negligence in the condition of his 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 recoverable
under the provisions of chapter 302.
S ec . 3. Assumption of risk; contributory negligence.—The workman shall not
be held to have assumed the risk of any injury due to any cause specified in
the preceding section: but there shall be no liability thereunder 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 hereby provided for
shall be recovered in an action on the case for negligence.
Sec. 4. Ai'ceptonce: bond.—-The provisions of sections 2 and 3 shall not apply
to any employer who shall have filed with the commissioner of labor his decla
ration in writing that he accepts the provisions of this chapter as contained in
the succeeding sections, and who shall have satisfied the commissioner of his
financial ability to comply with its provisions; or who shall have filed with
the commissioner a bond, in such form and amount as the commissioner may
prescribe, conditioned on the discharge by such employer of all liability incurred
under this chapter. Such employer shall thereafter be liable to all workmen
engaged in any of the employments specified in section 1 for any injury arising
out of and in the course of their employment in the manner provided in the
following sections.
S kc. •>. Enforcement of bond.—Such bond shall be enforced by the commis
sioner for the benefit of all persons to whom such employer may become liable
hereunder in the same manner as probate bonds are enforced.
354
TEXT OF LAWS— NEW HAMPSHIRE
355
Sec. 6. New bond.—The commissioner may from time to time order the filing
of new bonds, when in his judgment such bonds are necessary; and after 30
days from the communication of such order to any employer such employer
shall be subject to the provisions of the foregoing subdivision until such order
has been complied with.
Sec. 7. Petition to court.—Any person aggrieved by any such decision of the
commissioner may apply by petition to any justice of tiie superior court for a
review thereof, and said justice, 011 notice and hearing, shall make such order
affirming, reversing, or modifying such decision as justice may require, and
such order shall be final.
Sec. 8. Revoking acceptance.—The employer may at any time revoke his
acceptance by filing with the commissioner a declaration to that effect and by
posting copies of such declaration in conspicuous places about the place where
his workmen arc employed.
S ec;. 0. Employee's fault—The employer shall not be liable for any injury
to the workman which is caused in whole or in part by the intoxication, viola
tion of law, or serious or willful misconduct of the workman.
Sec. 10. Employer's intentional fault—The employer shall, at the election
of the workman or his i>ersonal representative, be liable under the provisions
of sections 2 and 3 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.
S ec . 11. Barring suit at law.—The right of action for damages caused by any
such injury, at common law or under any statute, shall not be affected by this
clistpier; but in case the injured workman, or in event of his death his executor
or administrator, shall avail himself of this chapter, 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,
ho shall be barred from recovery in every action at common law or under auy
other statute on account of the same injury.
Sec. 12. Barring statutory remedy.—If after such injury the workman, or
in the event of his death his executor or administrator, shall commence any
ac tion at common law or under any statute other than this chapter against
the employer therefor, he shall be barred from all benefit hereof in regard
thereto.
Sec. 13. Remedial eare.—During the first 14 days after an injury to an
employee an employer who has accepted the compensation provisions of this
chapter shall furnish to the employee or cause to be furnished free of
charge reasonable medical and hospital services or other remedial care
when needed, unless the injured employee shall decline or refuse to allow them
to be furnished. Such aid shall not be considered under the provisions of
section 22.
Sec. 14. Not evidence.—If the injured employee or his guardian or adminis
trator shall elect to proceed as provided by section 12, the *furnishing of
medical or hospital services 01* other remedial care shall not be evidence of
liability in such action.
Set;. 15. Notice of claim.—No proceedings for compensation. other than
medical or hospital services or other remedial care as aforesaid, under the
following subdivisions, shall be maintained uuless 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
within six months from the occurrence of the accident; or in case of the
death of the workman or in the event of his physical or mental incaitacity
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 hereunder
within six months after such payments have ceased.
Sec. 1(5. Defects.—No want. defect, or inaccuracy of a notice shall be a
bar to the maintenance of proceedings, unless the employer proves that be is
prejudiced by such want, defect, or inaccuracy.
Sec. 17. Contents.—Notice of the accident shall apprise the employer of
the claim for compensation hereunder, and shall state the uame and address
of the workman injured and the date and place of the accident.
S e c . IS. Rcrrice.— 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.
356
WORKMEN’S COMPEXSATIOK LAWS— UXITED STATES
Skc. 19. Campcnxation for death.—The amount of compensation shall be in
case death results from injury:
I. Dependents. If tlie workman leaves any widow, children, or parents at
the time of his death, then wholly dependent on his earnings, a sum to com
pensate them for less, equal to one hundred nnd tifty times the average
weekly earnings of such workman when at work on full time during the pre
ceding year during which he shall have been in the employ of the same em
ployer, or if he shall have been in the employment of tiie same employer for less
than a year, then one hundred and fifty times his average weekly earnings on
full time for such less period: but in no event shall such sum exc^Ml $3,000.
Any weekly payments made under this subdivision shall be deducted from the
sum so fixed.
II. Partial. 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 deceased to such partial dependents at the time of injury boro to
the total support of the dependents.
III. No dependents. If he leaves no such dependents, the reasonable ex
penses of his medical attendance and burial, not exceeding $100.
20. Payee.—Whatever sum may be determined to be payable under this
subdivision, in case of death of the injured workman, shall be paid to his
legal representative for the benefit of such dependents: or, if lie leaves no
such dependents, for the benefit of the i>ersons to whom the expenses of
medical attendance and burial are due.
21. Disability.—Where total or partial incapacity for work at any gainful
employment for not less than one week results to the workman from the
injury, a weekly payment shall be made, computed from the time of the injury
and continuing during such incapacity, subject as herein provided, not exceeding
50 per cent of his average weekly earnings as computed under section 19, I.
22. Evidence.—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 there
after ns wages in the same employment or otherwise, and to any payment,
allowance, or benefit, which the workman may have received from the employer
during the period ol* his ;ncapacity.
23. Parti-al incapacity.—In the case of partial incapacity tho weekly pay
ment. 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 at least one-half of such
difference.
24. Limit of compensation,—In no event shall any compensation paid under
this subdivision exceed the damage suffered, nor shall any weekly payment
in any event exceed $15, or extend over more than 300 weeks from the date
of the accident. Such payment shall continue for such period of :wo week-*,
if total or partial disability continues during such period. No such payment
shali be due or payable for any time prior to the giving of the novice required
by section 15.
S e c s . 25-30. Procedure.— [Questions as to compensation may be determined
by agreement, or by an action in equity. If no agreement is made the claimant
may bring an action in any court having jurisdiction of an action for recovery
of damages for negligence. This must be by a petition in equity, and the
judgment shall be for a lump sum equal to the amount of payments then due
and prospectively due under the act. Distribution may be made by the court,
or by the probate court where an executor or administrator is appointed at
1ho instance of any party in interest. Employers under the act may likewise
apply by similar proceedings to the court for a determination of the amount of
future payments or lump sum in lieu thereof to be paid on account of any
injury. Other questions may also be referred to the courts or any justf<*e
thereof, who after reasonable notice and hearing may make the proper order
and adjust costs. 1
Sbc. 31. Medical examination.—Any workman entitled to receive weekly
payments hereunder shall, if requested by the employer, submit himself for
examination by a duly qualified medical practitioner or surgeon provided and
paid by the employer, at a time and place reasonably convenient for the work
man. within two weeks after the injury, and thereafter at intervals not oftener
than once in a week.
TEXT OF LAWS— NEW HAMPSHIRE
357
Sec. 32. Refusal.—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 shail be payable
during or for account of such period.
Sec. 33. Mental invumpotency.—In case an injured workman shall he mentally
incompetent at the time when any right or privilege accrues to him under this
chapter, the guardian of the incompetent appointed pursuant to law may, on
behalf of his ward, claim and e x v i s e such riglir or privilege with the same
force and effect as if the workman himself had been competent and had claimed
or exercised such right or privilege*, and no limitation of time provided herein
shall run so long as said incompetent workman has no guardian.
Sec. 34. Preference.—Any persoii entitled to weekly payments under this
chapter from any employer shall have the same preferential claim therefor
against the assets of the employer as allowed by law for a claim by such person
against such employer for unpaid wages or personal services.
Sec. 35. Rights in payments.—Weekly payments due under this chapter
shall not be assignable or subject to levy, execution, attachment, or satisfac
tion of debts.
Sec. 30. Death of beneficiary.—Any right to receive weekly compensation
hereunder shall be extinguished by the death of the person entitled thereto.
Sec. 37. Claim of attorney.—No claim of any attorney for any contingent
interest in any recovery under this chapter, for services in securing such
recovery 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.
Sec. 38, Returns.—Every employer subject to the provisions of this chapter
shall from time to time make to the commissioner of labor such periodical
returns as to its operation as said commissioner may require, upon blanks to
be furnished by him. Any employer failing to make such returns when so
required shall, until such returns are made, be subject to the provisions of sec
tions 2 and 3.
NEW JERSEY
ACTS OF 1911
C h a p t e r
1)5 (as amended 1913, ch. 174).—Employers1 liability—Compensation
of workmen for'injuries.
S e c t io n
1.— Employed liability
[This section embodies a liability statute, based on the employer's negli
gence, where the employee himself was not willfully. negligent, and with the
common-law defenses abolished. The burden of proving willful negligence
on the part of the employee rests on the employer. Attorneys' fees are to be
approved by the trial judge or justice. I
S e c t io n
II.—Elective compensation
7. Compensation payable, when.—When employer and employee shall by
agreement, either express or implied, as hereinafter provided., accept the
provisions of Section II of this act, compensation for personal injuries to or
for the death of such employee by accident arising out of and in the course
of his employment shall be made by the employer without regard to the negli
gence of the employer, according to the schedule contained in paragraph 11,
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 shali be upon the employer.
8. Remedy exclusive.—Such agreement shall be a surrender by the parties
thereto of their rights to any other method, form, or amount of compensation
or determination Ihereof 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.
(as amended 1924, ch. 150). Presumption as to contracts.—Every contract
of hiring made subsequent to the time provided for this act to take effect
shall be presumed to have been made with reference to th’e provisions of
Section II of this act. and unless there be as a part of such contract ail
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. If the injured employee at the time of the accident
is a minor under 14 years of age, employed in violation of the labor law,
or a minor between 14 and 16 years of age employed, permitted, or suffered
to work without an age and schooling certificate or age and working certifi
cate, or at an occupation prohibited at that age by the labor law. a com
pensation or death benefit shall be payable to the employee or his dependents
which shall be double the amount payable under the schedules provided in
para graphs 11 and 12.
The possession of a duly issued age and schooling certificate or age and
working certificate or certificate of date of birth shall bo conclusive evidence
for an employer that the minor has reached the age certified to therein,
and no extra compensation shall be payable to any minor engaged in an
employment allowed by law for the age and sex certified to in such certificate.
If the certificate presented by the employee as one issued to him shall have
been really issued to another child and the real age of the employee shall
be such that his employment in any capacity or in the particular capacity
he was employed by the employer was prohibited, and if the employer shall
358
TEXT OF IAWS— NEW JEBSJSY
359
show to the satisfaction of the workmen's compensation bureau that he accepted
the certificate in good faith as having been issued to the employee and could
not have, despite reasonable diligence, discovered the fraud, in such event
no extra compensation shall be paid to the employee illegally employed.
The employer alone and not the insurance carrier shall bi* liable for the
extra compensation or death l>enefit which is over and above the amount of
the compensation or death benefit provided under paragraphs 10 and 11 of
this section. Any provision in an insurance policy undertaking to relieve
an employer from the liability for the extra comjiensation or extra death
benefit shall be void.
Nothing in this act contained shall deprive an infant under the age of 16 of
the right or rights now existing to recover damages in a common-law or other
appropriate action or proceeding for injuries received by reason of the
negligence of his or her master.
10.
Termination of contract.—The contract for the operation of the provisions
of section II of this act may be terminated by either party upon 60 days’
notice in writing prior to any accident.
11
(as amended 1910, ch. 93; 1923, ch. 49). Disability payments; schedule.—
Following is a schedule of compensation:
(«) For injury producing temporary disability, 66% per cent of the wages
received at the time of the injury, subject to a maximum compensation of
$17 per week and a minimum of $8 per week: Provided, That if at the time
of the injury the employee receives wages of less than $8 per week, then
he shall receive the full amount of such wages per week. This compensation
shall l>e paid during the period of such disability, not, however, beyond
300 weeks.
(&)
For disability total in character and permanent in quality, 66% per cent
of the wages received at the time of injury, subject to a maximum compensation
of $17 per week and a minimum of $8 per week: Provided, That if at the
time of injury the employee receives wages of less than $8 i>er week then he
shall receive the full amount of such wages per week. This compensation shall
be paid for a period of 400 weeks, at which time compensation payments shall
cease unless the employee shall have submitted to such physical or educational
rehabilitation as may have been ordered by the rehabilitation commission of
the State, and can show that because of such disability it is imi>ossible for
him to obtain wages or earnings equal to those earned at the time of the
accident, in which case further weekly payments shall be made during the
period of such disability; the amount thereof to be the previous weekly
compensation payment diminished by that i>ortion thereof that the wage, or
earnings, he is then able to earn, bears to the wage received at the time of the*
accident In calculating compensation for this extension beyond 400 weeks
the minimum provision of $8 shall not apply. This extension of comr>ensation
payments beyond 400 weeks shall be subject to such periodic reconsiderations
and extensions as the case may require, and shall apply only to disability total
in character and permanent in quality, and shall not apply to any accident
occurring prior to July 4, 1923.
(e)
For disability partial in character, but permanent in quality, the com
pensation shall be based upon the extent of such disability. In cases included
in the following schedule the compensation shall be that named in the schedule,
to wit:
(d) For the loss of the thumb. 66% per (rent of daily wages during 60 weeks.
(e) For the loss of the first finger, commonly called index finger, 66% per
cent of daily wages during 35 weeks.
If) For the loss of a second finger. 66% per cent of daily wages during 30
weeks.
(0) For the loss of a third finger, 66% per cent of daily wages during 20
weeks.
(ft)'F or the loss of a fourth finger, commonly called little finger. 66% per
cent of daily wages during 15 weeks.
(1) 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 for' one-half of the periods of time above specified.
The loss of any portion of the thumb or any finger, between the terminal joint
and the end thereof, shall be compensated for a like proportion of the period
of time prescribed for the loss of the first phalange of such member.
U) The loss of the first phalange and any portion of the second shall be
considered as the loss of the entire finger or thumb: Provided, however,
360
w o r k m e n ’s
COMPENSATION LAWS— UNITED STATES
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.
(fc) For the loss of a great toe, 06% per cent of daily wages during 30
weeks.
(/) For the loss of one of the toes other than a great toe, 66% per cent
of* daily wages during 10 weeks.
(i») The loss of the first phalange of any toe shall be considered to he
equal to the loss of one-half of such toe, and compensation shall be for onehalf of the period of time above si»ecified.
(« ) The loss of the first phalange and any portion of the second shall be
considered as the loss of the entire roe.
(o) For the loss of a hand, (»«'■■* per cent of the daily wages during 150
weeks.
(p) For the loss of au arm, 66% per cent of daily wages during 200 weeks,
(gr) For the loss of a foot, 66% per cent of daily wages during 125 weeks,
(r) For the loo* of a leg, 66% per cent of daily wages during 175 weeks.
(s) For the loss of an eye, 66% per cent of daily wages during 100 weeks,
(f)
For the loss of a natural tooth, 66% per cent of daily wages for four
weeks for each tooth lost.
(u)
For the total loss of hearing in one ear, 66% per cent of daily wages
during 40 weeks. For the total loss of hearing in both ears by one accident,
66% per cent of daily wages during 1(50 weeks.
(r) 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 constitute total
and permanent disability, to be compensated according to the provisions of
clause (ft).
(// ) In all lesser or other eaves involving permanent loss, or where the use
fulness of a member or any physical function is permanently impaired, the
compensation shall bo 66% per cent of daily wages, and the duration of com
pensation shall bear such relation to the specific periods of time stated in the
above schedule as the disabilities bear to those produced by the injuries named
in the schedule: Provided, however, That in cases in which the disability is
determined as a percentage of total and permanent disability the duration of
the compensation «*hall bo a corresponding portion of 500 weeks. Should the
employer and employee he unable to agree upon tiie amount of compensation
to be paid in cases not covercd by the schedule, either party may appeal to
the Workmen’s Compensation Bureau for a settlement of the controversy.
(.r) 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 tbe 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 24 hours
after the occurrence of the hernia; lifth, that there was such physical dis
tress that the attendance of a licensed physician was required within 24 hours
after the occurrence of the hernia. In the case of hernia as above defined,
the provisions of paragraphs 13, 14. and 11 (« ) shall apply, until such time
as the employee is able to lesuine some kind of work with the aid of a truss
or « it her mechanical appliance. If the employee refuses to permit of an opera
tion. the employer shall meet the requirements above specified, pay the reason
able costs oi* ibe truss or oilier appliance found necessary, and also pay com
pensation for 20 weeks, following which the obligation shall cease and termi
nate*. unless death results from the hernia, in which case the provisions of
paragraph 12 shall apply. However, if the employee shall elect to undergo
an operation, by a physician selected by tbe employer, the employer shall meet
all the expense incident to such operation and recovery, not in excess of $150,
together with compensation as provided in paragraph 11 (a) during the periods
of disability prior to and following the operation, subject to the provisions
of paragraph 13. If ihe employee refuses the services of the physician selected
by the employer, preferring one of his own selection, the employer shall be
TEXT OP U W S — NEW JERSEY
361
relieved of obligations concerning medical expense due to the operation and
recovery,.but shall pay compensation during the prior and resulting periods of
disability. If death results from the hernia or operation, the provisions of
paragraph 12 shall apply.
(y) The weekly compensation payments specified in paragraph 11 are all
subject to the same limitations as to maximum and minimum as are stared in
clause (a) hereof.
(s) In case of the death of the person from any cause other than the acci
dent, during the period of payments for permanent injury, the remaining pay
ments shall be paid to such of his or her dependents as are included iu the
pr<‘visions of paragraph 12 of this act, or, if no dependents, the remaining
amount due, but not exceeding $150, shall be paid in a lump sum to the proper
person for funeral expenses: Provided, However. That no compensation shall
be due any other person than the injured employee on account of compensation
being paid in excess of 400 weeks on account of disability total in character and
permanent in quality, as provided by paragraph 11 (5) hereof.
32 (as amended 1914, ch. 244; 1919, ch. 93; 1921, ch. 85: 1923. ch. 49).
Death benefits.—In case of death, compensation shall be computed, but not
distributed, on the following basis:
(a) For one dependent, 35 per cent of wages.
( b) For two dependents, 40 per cent of wages.
(e) For three dependents, 45 per cent of wages.
(d) For four dependents, 50 per cent of wages.
(*0 For five dependents. 55 per cent of wages.
(f) For six or more dependents, 60 per cent of wages.
(g) The term “ dependents ” shall apply to and include any or all of the
following who are dependent, upon the deceased at the time of accident or
death, namely, husband, wife, parents, step-parents, grandparents, children,
step-children, grandchildren, child in esse, posthumous child, illegitimate chil
dren. brothers, sisters, half brothers, half sisters, niece, nephew. Legally
adopted children shall, in every particular, be considered as natural children:
Provided, however, That dependency shall be conclusively presumed as to the
decedent's widow and natural children under 16 years of age who were actually
a part of the decedent’s household at the time of his death. Every provisions
of this act applying to one class shall be equally applicable to the other. Should
any dependent of a deceased employee die during the period covered by such
weekly payments, or should the widow of a deceased employee remarry during
such period, the right of such dependent or of such widow to compensation,
under this section siiall cease, ft i* further provided, That the foregoiug sched
ule applies only to persons wholly dependent, and that in the case of persons
only partially 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 l>e such proportion of the scheduled percentage as the
amounts actually contributed to them by the deceased for their support con
stituted of his total wages and the provision as to an $8 minimum shall not
apply to such compensation. In determining the number of dependents, where
the deceased employee was a minor, the number of persons dependent upon
said deceased employee shall i>e determined iu the same way as if said deceased
employee were an adult, notwithstanding any rule of law as to the person en
titled to a minor’s wages.
<lh) Compensation shall be computed upon the foregoing basis. Distribution
shall be made among dependents, if more than one, according to the order of
the workmen's compensation bureau, which shall, when applied to for that
purpose. determine, upon the facts being presented to it, the proportion to be
paid to or on behalf of each dependent according to the relative dependency.
Payment on behalf of infants shall be made to the surviving parent, if any,
or to the statutory or testamentary guardian.
(t) If death results from the accident, whether there be dependents or not.
exj>enses of last sickness in accordance with the provisions for medical and
hospital service as set forth in paragraph -14 of this act. Also the cost of
burial, not to exceed $150.
{]) In computing compensation to those named in this paragraph, except
in the case of husband, wife, parents, and step-parents, only those under 16
or over 40 years of age shall be included, and then only for that period in
which they are under 16 or over 40: Provided, however, That payments to
such physically or mentally deficient persons as are, for such reason, depend
362
w o r k m e n ’ s co m p en sa tio n la w s — UNITED s t a t e s
ent, shall be made during the full term of compensation payment of 300
weeks.
( k) The compensation in case of death shall be subject to a maximum
compensation of $17 per week and a minimum of $8 l>er week: Provided, That
if at tho time of the injury, the employee receives wages of less than $8 per
week, then the compensation shall be for the full amount of such wages per
week. This compensation shall be paid during 300 weeks: Provided, That if
at the expiration of 300 weeks there shall be one or more dependents under
16 years of age, compensation shall be continued for such dependents until
they reach 16 years of age. at the schedule provided under clauses {a), (ft),
(c), ( d). (c), and if). of paragraph 12.
13 (as amended 1919, ch. 93: 1923, ch. 49; 1925, ch. 163). Waiting tim e.No compensation other than medical aid shall accrue and be payable until
the employee has been disabled seven 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 tho employee
is unable to continue at work by reason of his accident, whether it bo the
day of the accident or later, shall count, as one whole day of the wailing
period. Should the total period of disability extend beyond seven weeks
additional compensation shall at once become payable covering the above
prescribed waiting period.
14.
(as amended 1919, ch. 93; 1923. oh. 245). Medual. ete.%aid.—The em
ployer shall furnish to the injured workman such medical, surgical and other
treatment, and hospital service as shall be necessary to cure and relieve
tho workman of the effects of the injury and to restore tho functions of the
injured member or organ where such restoration is possible: Provided, however,
That tho employer shall not be liable to furnish or pay for physicians' or
surgeons* services in excess of $50 and in addition to furnish hospital service
when necessary in exeeess of $50. unless the iujurod workman or tho physician
who treats him, or any other person on his behalf, shall file a petition with
the workmen's compensation bureau stating the need for such physician's or
fiirgeon's service in excess of $50. as aforesaid, and such hospital service
or appliances in excess of $50 as aforesaid, and the workmen's compensation
bureau after investigating the need of the same and giving the employer an
opportunity to be heard, shall determine that such physician's and surgeon's
treatment and hospital services are or were necessary, and that the fees for
the same are reasonable and shall make an order requiring the employer to
pay for or furnish the same. If the employer shall refuse or neglect to
comply with the foregoing provisions of this paragraph, ilie employee may
secure such treatment and services as may be necessary and as may come
within the terms of this paragraph and the employer shall be liable to pay
therefor: Provided, however, That the employer shall not be liable for any
amount expended by the employee or by any third person on his behalf for
any such physician’s treatment and hospital service's, unless such employee
or any person on his behalf shall have requested the employer to furnish the
same and the employer shall have refused or neglected so to do. or unless the
nature of the injury required such services, and the employer or his super
intendent or foreman, having knowledge of such injury shall have neglccted
to provide the same, or unless the injury occurred under such conditions as
make impossible the notification of the employer, or unless the circumstances
are so peculiar as shall justify in the opinion of the workmen's compensation
bureau the expenditure assumed by the employee for such physician's treat
ment, and hospital services, apparatus, and" appliances. All fees and other
charges for such physician’s and surgeon’s treatment and hospital services
shall !>c reasonable and based upon the usual fees and charges as prevail
in the same community for similar physician’s, surgeon's, and hospital services.
14 (a) (as amended 1919, ch. 93; 1922, eh. 245; 1923, ch. 49). Order' of path
went*.—Compensation for all classes of injuries shall run consecutively, and
not concurrently, except as provided in paragraph 14, as follows: First, medical
and hospital services and medicines as provided in paragraph 14. After the
waiting period, compensation during temporary disability. If total period of
disability extends beyond seven weeks, compensation to cover waiting period.
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, expenses of last sickness and burial. Following which com
pensation to dependents, if any. In no case shall the total number of weekly
TEXT OF LAWS— NEW JERSEY
363
payments be more than 500, except as provided in paragraphs 11 ( b) and 12
(k) of this act.
15. Notice.—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 14 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 30 days from the occurrence of the in
jury. no want, failure, or inaccuracy of a notice shall be a bar to obtaining com
pensation, unless the employer shall sliow 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 90 days, and if the
employee or other beneficiary shall show that his failure to give prior notice
was due to his mistake, inadvertence, ignorance of fact or law, or inability,
or to the fraud, 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 90 days after the occurrence of the injury, no compensation shall be
allowed.
li». Form of notice.— [A form for substantial compliance is prescribed, but
immaterial variations do not invalidate. Service may be personal or by
mail.]
17.
Medical examinations.— [The standard provision is made for submission
to mcdical examination and the presence of the employee's physician. Any
refusal to submit suspends benefits. When the right to compensation is thus
suspended, no compensation shall be payable in respect of that period.]
18 (as amended 1921, ch. 230). Disputes.— [Disputes may be referred to the
workmen’s compensation bureau provided for in chapter 149, acts of 1918,
l>elow.]
19 (as amended 1919, ch. 93). Pairment in ease of death.— [Death benefits
will be made directly to dependents of full age, and on behalf of infants to a
surviving parent or statutory or testamentary guardian or other person desig
nated on application of the workmen’s compensation bureau. If a commuted
sum is to be paid and distribution is impracticable, the bureau may require
a bond to secure the proper payments to be made.]
20 (as amended 1921, ch. 230). Procedure.— [Procedure is as prescribed by
chapter 149, acts of 1918. below. No agreement for a different sum than that
which may be determined to be due by the proper officials shall operate as a
bar to a determination or award if it is found by such official that the amount
agreed upon is not the proi>er amount under the law.]
20 (e) (added 1919, ch. 93). Refusing medical treatment.— [If it appears
that an employer is l>eing prejudiced by the refusal of an injured employee to
accept proffered medical and surgical treatment deemed necessary by the
attending physician, or by failure to comply with the instructions of such
physician, the employer may petition the workmen’s compensation bureau,
which is authorized to order suitable treatment, and, if this is refused, to
modify the award as the evidence may justify.]
21.
(a), 21 (l») (amended 1919, ch. 93), 22. Payments; fees, etc.— [At any
time after the award is made, if future payments are certain, a sum equal
to their total may be paid by the employer, by leave of the court, to an
authorized depositary, which shall hold and disburse the same for the benefit
of the bcncficiaries in the same amounts and same times as directed by the
award. If it appears to l>e for the best interest of the beneficiaries, or that
they have removed or are about to remove from the United States, 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 business or assets,
future payments may be commuted to a lump sum representing the present
value discounted at 5 per cent simple interest, on the application of either
party. No commutation will be allowed without the approval Of the bureau,
which shall bear in mind the intent of the act to provide payments in lieu of
waires. Commutation is not to be allowed for the purpose of satisfying a debt,
or to make payments to physicians, lawyers, or any other person. Attorneys’
fees may be only such amounts as are fixed by the bureau or the judge of the
court of common pleas passing on the case.
1 9 6 5 °— 26------- 24
364
w o r k m e n 's COMPENSATION LAWS— UNITED STATES
Weekly payments on account of such fees are also to be fixed in cases
where 110 commutation is made.
Agreements may be modified at any time on the ground of change of condi
tions. Deferred payments draw interest after three months at 5 per cent
per annum at the discretion of the bureau. Compensation claims and payments
have tbe same preference as wage debts, are not assignable and are exempt
from Jill claims of creditors.]
22 (a) added 1024, ch. 124). Occupational disease.— When employer and
employee have accepted the provisions of Section II as aforesaid, compensation
for personal injuries to or for death of such employee by any of the com
pensable occupational diseases hereinafter defined arising out of and in the
course of his employment shall be made by the employer to the extent herein
after set forth and without regard to the negligence of the employer.
22 (b) (added 1924. ch. 124, amended 1920, ch. 81). L M : willful xclfexposure; definitions.—When applicable in this act to occupational diseases
the following words and phrases shall be construed to have the following
meanings:
A. Compensable occupational diseases shall not include any other than
those scheduled below and shall include those so scheduled only when the
exposure stated in connection therewith has occurred during the employment
and the disability has commenced within five months after the termination of
such exposure.
Occupational diseases: anthrax; lead poisoning; mercury poisoning: arsenic
poisoning: phosphorus poisoning; l>enzene. and its homologues, and all deriva
tives thereof; wood alcohol poisoning; chrome poisoning; caisson disease:
mesotherium, or radium necrosis.
B. Willful self-exposure to occupational diseases shall include (1) failure
or omission to observe such rules and regulations as may be promulgated by
said department of labor and posted in the plant by the employer, tending to
the prevention of occupational diseases, and (2) failure or omission to truth
fully state to the best of the employees knowledge, in answer to inquiry made
by the employer, the location, duration and nature of previous employment
of the employee in which he was exposed to any occupational disease as
herein listed.
22 (c) (added 1924, ch. 124). Benefits; procedure.— [Benefits to be paid
and procedure to be followed are the same in case of occupational diseases as
for corresponding disabilities arising out of an accidental injury.]
22 (d)-22 (f) (all added 1924, ch. 124). Notice; claim.— fin the absence of
actual knowledge of the contracting of an occupational disease, notice must
be given by the claimant or some one in his behalf within five month* from the
dale when the employee ceased to be subject to exposure to such disease, or no
compensation will be payable on account thereof. Claims are forever barred
unless a petition is filed in duplicate with the secretary of the bureau within
one year from the termination of the exposure, or if payments have been agreed
upon, within one year after the failure of the employer to make payment or
wirhiu one year after the last payment made. The provisions of Sections II
and i ll applicable to claims for injury or death by accident apply to those for
occupational disease except as provided in the foregoing paragraph, 22 (a)
to 22 (f), both inclusive.]
S ection
III.—General provisions
23 (as amended 1919, ch. 93: 1921, ch. 230; 1923. ch. 49). Definitions.— (a)
For the purposes of this act, willful negligence shall consist of (1) deliberate
act o l* deliberate failure to act, or ( 2 ) such conduct
evidence* reckless i n diiTerence to safety, or (3) intoxication, operating as the proximate cause of
injury.
(b) Wherever in this act the singular is used the plural shall be iucluded:
where the masculine gender is used, the feminine and neuter shall be included.
(c) Employer is declared to be synonymous with martlet*, and includes natural
persons, partnerships, and corporations: employee is synonymous with servant,
and includes all natural persons who i**rfoiin 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 a<videnral: or if not in connection with any
business of the employer, as employment not regular, periodic or recurving.
TEXT OF LAWS— NEW JERSEY
365
(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 con
sidered equivalent to the loss of the arm. Amputation between the knee and
the ankle shall be considered as the quivalcnt of the loss of a foot, and am
putation at the knee shall be considered equivalent to the loss of the leg.
(e) No agreement, composition, or reloa>e of damages made before the
happening of any accident, except the agreement defined in section 2 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 2 herein,
is declared to be against the publ?c 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 2 thereof.
(jf) [This subdivision provides for the liability of third parties responsible
for injury or death. This is not affected by this statute, nor does this act
establish a measure of damages therein: but if the injured person or his
dependents recovers from the third party a sum equivalent to or greater than
the total compensation payments provided by the act, the employer is released
from the payment of such benefits; if the recovery is less, the employer is
liable only for the difference. The employer’s obligation continues until the
payments, if any, by the third party are made. The employer may file with
such third party a statement of the agreement or award with or against him
and shall thereafter be entitled to a sum equivalent to the benefits paid by
him previously, which amount should be deducted by the third party from
payments made by him to the injured employee or his dependents.]
(g) Wherever in section 2 of this act the term “ wages” is used it shall
be construed to mean the money rate at which the service rendered is recom
pensed under the contract of hiring in force at the time of the accident,
and shall not include gratuities received from the employer or others. Board
and lodging when furnished by the employer as part of the wages shall be
included and valued at $5 per week, unless the money value of such advan
tages shall have been otherwise fixed by the parties at the time of hiring.
Where prior to the accident, the rale 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. Tn any case the weekly wage shall be found
by multiplying the daily wage by 5%, or if the employee worked a greater pro
portion of the week regularly, then by 6, 6%, or 7, according to the customary
number of working days constituting an ordinary week in the character of
work involved.
(h) lu ca.se of personal injury or death all claims for compensation on ac
count 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 dale on which the accident occurred,
or iu case an agreement of compensation has been made between such em
ployer and such claimant, then within one year after the failure of the
employer to make payment pursuant to the terms of such agreement; or iu
case a part of the compensation has been paid by such employer, then withiu
one year after the last payment of compensation.
if) To calculate the number of weeks and traction thereof that compensa
tion is payable for temporary disability; determine the number of calendar
day* of disability from and including as a full day the day that the employee
is iirst in*able to continue at work by reason of the accident, including also
Saturdays, Sundays, and holidays, up to the first working-day that the em
ployee is able to resume work and continue permanently thereat. Subtract
from this number the waiting period and any days and fraction thereof the
injured was able to work during this time, and divide the remainder by seven.
If, however, the total period of disability extends beyond seven weeks, the
waiting period shall not be subtracted from the number indicated above. The
resulting whole number and sevenths will be tlie required period for which
compensation is payable on account of temporary disability.
366
w o r k m e n ’ s COMPENSATION ia w s — UNITED s t a t e s
24-27. Constitutiotiality; act in effect.— [The unconstitutionality of any part
does not affect other parts except that Sections I and II stand or fall together.
Existing rights are not affected by this act, which became effective July 4,
1911.]
ACTS OF 1913
C
h apter
145.—Public employee#
[This act declares every employee of the State, county, municipality, or any
boaL'd or commission, or any other governing body, including boards of educa
tion, to be within the terms of Sectiou II of the compensation law. Excepted
are persons receiving salaries in excess of $1,200 per year aud persons holding
elective offices.]
ACTS OF 1917
C
h apter
178
(a s
1919, c h . 105; 1921, c h . 272; 1924,
men's compensation insurance
am ended
ch.
128).— Work
[Employers other than the State or its subdivisions, accepting the compen
sation act, are required to make provision for the complete payment of all
obligations arising under the act. In case of satisfactory proof of performance
and financial standing of the business, an employer may carry his own liability
insurance. Permission to this effect will be granted on investigation, aud may
be revoked in the judgment of the commissioner of banking and insurance.
Self-insurers may reinsure the whole or any part of their risk, such contracts
not being subject to the provisions of the act.
Other employers must insure in some stock company or mutual association
authorized to do business in the Stale. Proof mast be furnished on demand
of the commissioner of banking and insurance of compliance with the law in
respect of either of self-insurance or insurance in a stock or mutual com
pany. Contractors placing work with a subcontractor are liable in the event
of the subcontractor’s failure to carry insurance as required by the act, but
have recourse against the subcontractor for reimbursement. Contractors com
plying with the act are to post notices to that effect in conspicuous places in
and about their establishments. Insured employers are primarily liable for
the payment of compensation, but have recourse against the insurance carrier
for the amount; but in case of death or insolvency of the employer, the car
rier is directly liable to the injured employee or his dependents. Contracts of
insurance may not be canceled without due notice, and must provide that they
are made for the benefit of the employees of the insured employer, and may
be enforced by them or their dependents; that as between the employee and
the insurance carrier, notice, knowledge, or jurisdiction affecting the em
ployer binds the company, and that, the carrier will be bound by all awards
or judgments against the employer for the paymeut of compensation. Classi
fications of risks, premiums, aud rules, and any schedule rating, must be
filed with the commissioner of banking and insurance, and are not effective
until approved by him. Changes must be similarly submitted and approved.
A compensation rating and inspection bureau is created under the super
vision of the commissioner of banking and insurance to carry out the purposes
of this act in the supervision of workmen’s compensation insurance. It
maintains all rules, regulations, premium rates and their adjustment to the
various hazards aud the adoption of necessary rules and regulations for the
accomplishment of its purposes.]
ACTS OF 1918
C
h apter
149
(a s
1919, c h . 92; 1921, c h . 229, 1925,
men’s compensation bureau
am ended
ch.
98).—Work-
[This act creates in the department of labor a workmen’s compensation
bureau for the administration of the compensation law. The bureau con
sists of the commissioner of labor, who is chairman, with an added payment
of $1,500 per year for his services, and three deputy commissioners of com
pensation, one of whom is to be its secretary. The deputies, and such referees
and other employees as the commissioner of labor may deem necessary are
to be appointed by such commissioner in accordance with the civil service
law of the State. The bureau and its officers, sitting individually or together,
TEXT OF LAWS— NEW JERSEY
367
have exclusive jurisdiction over all compensation claims, must approve any
agreement made by the parties, and, in the absence of agreement, shall
undertake on their own motion to bring about a settlement of any pending
claim.
Claimants are to file petitions within one year, unless an agreement has
been made whereupon payments have failed, then within one year after such
failure. Forms of petitions and their answers are provided for. with hearings
to be held on notice to both parties, not less than four weeks nor more than
six weeks after the filing of the petition. Procedure is to be as prescribed by
the act, the commissioner of labor, each deputy and each referee being author
ized to hear and determine matters in dispute in a summary manner, and to
modify awards and provide for their commutation. A copy of the decision
of the commissioner or referee is to be filed in the office of the county clerk,
when it shall have the same effect as a judgment of the court of common
pleas. Provision is made for records, the payment of witness fees, sub
poenas, compulsion as to attendance and the giving of testimony through
court action and the taking of depositions of absent witnesses. No filing fees
are to be allowed. The cost and reasonable attorney's fee may be allowed
the successful party. Appeals may be taken to the court of common pleas
of the county, notice thereof acting as a stay of execution of judgment until
the determination or dismissal of the appeal. Appeals are to be tried ex
clusively on transcripts of record and testimony. Proceedings are summary
and judgment is to be entered as in other cases tried in the court of com
mon pleas. Review of questions of law and fact by the supreme court may
be had by certiorari.]
ACTS OF 1924
C h a p te r
187.—Reports of accidents, etc.
[This act requires employers carrying insurance as required by chapter 178,
Acts of 1917, above, to report the occurrence of accidents, or the contracting
of compensable occupational diseases to the insurance carrier and to the de
partment of labor of the State, a copy to be retained on file by the employer.
Supplemental reports must likewise be made at the expiration of the wail
ing period or immediately upon return to work. Such further information
must also be supplied as is necessary for the administration of the act. Self
insurers must make similar reports to the workmen’s compensation bureau,
keeping one on file. Insurance carriers are also to make reports, to the bureau,
of accidents and compensable occupational diseases reported to them.
First reports filed with the bureau as herein provided are not to be made
public nor open to inspection unless, in the opinion of the commissioner of
labor, some public interest shall so require; nor may such reports be used as
evidence against any employer in any suit or action at law brought by the
employee for the recovery of damages.]
NEW MEXICO
ACTS OF 1017
C h a p t e r 83. — Compensation o i workmen for injuries
S e c t i o n 1. Title.—This act shall be known as the “ Workmen’s compensation
act/*
Sec. 2. Act applies ichen.—Whenever any person, firm, or corporation engaged
in carrying on, for the purpose of business, trade or gain, within this 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 provided, 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 iu any such occui>ation 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 10 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 aud the
workmen employed by him may become subject to this act by writ ion agree
ment filed in the office of the clerk of the district court of the county in which
such occupation or pursuit is carried on.
S ec. 3. Insurance.— [Employers in the occupations covered by the act must
file in the office of the clerk of the district court where the labor Is to be per
formed a good and sufficient undertaking in the nature of insurance or security
for the payment of benefits under the act. However, if the employer is able
to show himself financially solvent to the satisfaction of the judge, a certificate
shall issue excusing such employer from filing the undertaking named. Public
utility corporations doing business generally throughout: the State may meet the
requirement by filing proof in the court of the county where the corporation
has its principal office. Tin* undertaking required shall he either policy or
insurance issued by an authorized company or bond or other sufficient under
taking with good and sufficient surety. Names and addresses must be given,
and surety must be in a form and amount approved by the judge. The amounts
required may be either increased or decreased as the occasion may require.
Insurance policies and contracts or bonds of guarantee must provide that the
insurance carrier, guarantor, or surety, as the case may be, will be directly
and primarily liable to tiie workman or his dependents for the compensation
for which the employer is liable.]
Skc. 4. Presumption as to contract*.—Every contract of hiring, verbal or
written, made subsequent to the time this act takes erect, and every such
contract made previous thereto and continued thereafter, shall lie presumed to
have been so made, or so continued, as the case may be. with reference to the
provisions of this net. and. unless there he 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 sub
stance 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 and
have agreed to be bound thereby and were working thereunder at the time of
any such injury. Minors of the age of 14 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.
368
TEXT OF LAWS— STEW MEXICO
369
Sec. 5. Remedy exclusive.— [The rights and remedies provided by this act for
workmen and their dependents coming under its terms are exclusive of all
others, at common law or otherwise.]
S ec . 6. Rejection.— [If an employer who would otherwise be subject to the
provisions of this act elects not to be bound by it, he is, in the event of an
action for damages by an employee, deprived of the common-law defenses, such
defenses being available only where a workman is not bound by the terms of
the act and the employer has filed the undertaking or certificate required by
section S above.]
Sec. 7. Compensation reduced, irhcn.—In case an injury to. or death of, a
workman results from his failure to observe a statutory regulation apt>ertainmg
to the safe conduct of his employment, or from liis failure to use a safety device
provided by the employer, then the compensation otherwise payable uiider this
act shall be reduced by 50 per cent, in case an injury to, or death of, a work
man results from the failure of the employer to provide the safety devices re
quired by law then the compensation otherwise payable under this act shall be
increased by 50 per cent.
Sec. 8. Willful intent, etc.—No compensation shall become due or payable
from any employer under the terms hereof in event such injury was occasioned
by the intoxication of such workman, or willfully suffered by him, or inten
tionally inflicted by himself or another.
S ec. 9. Termination of agreements.—Any agreement made between such em
ployer and any such workman to be bound by tlie provisions hereof may be
terminated by either party upon giving 30 clays’ notice to the other in writing,
prior to any accidental injury suffered by such workman.
Sec. 10. Ext rah amnions occupation*.--The extra hazardous occupations and
pursuits to which this act is applicable are as follows: Factories, mills, and
workshops where machinery 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; tele
phone, 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 op
erator of any railroad; and all employmint 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 cxtrahazardous,
in which from the nature, conditions, or means of prosecution 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.
Seo. 13. Interstate commerce.—-This act shall not be construed to apply to
business or pursuits or employments which according to law are so engaged in
interstate commerce as to be not subject to the legislative power of the State,
nor to persons injured while they are so engaged.
Sec. 12. Definitions.—In this act. unless the context otherwise requires:
(a)
“ Factories'* means any premises wherein power is used in manufac
turing. making, altering, adapting, ornamenting, finishing, repairing or renovat
ing any article, including expressly any brickyard, meat-packing house, foundry,
smelter ore reduction works, lime-burning plant, stucco plant, steam heating
plant, electric lighting or power plant, including all work in or directly connected
with the construction, installation, operation, alteration, removal or repair of
wires,, cables, switchboards or apparatus used .for transmission of electric
current, and water power plant, including towers and standpipes, power plant,
blast furnace, paper mill, printing plant, flour mill, glass factory, cement plant,
artiflcial-gas plant, machine or machine repair shop, salt plant, oil reiinery
plant, chemical manufacturing plant, coke ovens and coal washeries.
(ft) “ 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.
370
WORKMEN
COMPENSATION LAWS— UK IT HI) STATES
(o)
“ Mill” means any plant, premises, room or place where machinery
is insert, 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, sawmills,
sash factory or other work in the lumber industry.
(tf) “ Mine'* moans any opening in the earth for the purpose of extracting
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.
(<?) “ Quarry” means auy place, not :i mine, where stone, slate, clay, sand,
gravel or other solid material is extracted from the earth.
if) Reference to any “ building work" shall be understood to include any
work in the erection, construction, extension, decoration, alteration, repair or
demolition of any building or structural appurtenances, except residences and
structures being built for the private use of the owner on farms, ranches or
residence lots and not under contract.
(//) “ Engineering work'* means any work in the construction, alteration,
extension, repair or demolition of a bridge, jetty, dike, dam, reservoir, under
ground conduit, sewer, oil or gas well, oil lank, 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, in
stalling, repairing, or removing underground pipes and connections, the erection,
installing, 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.
(/i) “ Employer " includes any person or body of per&ons, corporate or incor
porate, and the legal representative of a deceased employer or (lie receiver or
trustee of a person, corporation, association or partnership engaged in or carry
ing on for the purpose of business, trade, or gain any of the occupations or pur
suits to which this act is applicable.
(/) “ Workman ” means any person who has entered into the employment 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
employers trade or business. The term “ workman " shall include “ employee ”
and shall include the singular and plural of both sexes.
O') The following persons, and they only, shall be deemed dependents and
entitled to compensation under tlie provisions of this act:
1. A child if under 18 years of age, or incapable of self-support and unmar
ried. actually dependent upon the deceased.
2. The widow, only if living with the deceased, or legally entitled to-be sup
ported by him, and actually dependent, including a divorced wife entitled to
alimony and actually dependent.
X. The widower only if incapable of self-support and actually dependent,
wholly or partially, upon tho deceased at: the time of her injury.
4. A parent or grandparent only if actually dependent, wholly or partially,
upon the deceased.
5. A grandchild, brother, or sister only if under IS 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.
0. Questions as to who constitute dependents, and the extent of their de] tendency, 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:
1. Upon the marriage of the widow or widower.
1J. Upon a child reaching the age of 18 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.
ill. Upon the adoption o£ any dependent.
IV. Upon the death of any dependent.
(A*) As used in this section, the term “ child" includes stepchildren, adopted
children, posthumous children, and acknowledged illegitimate children, but does
TEXT OF LAWS— NEW MEXICO
371
not include married children unless deficient. The words “ adopted" and
“ adoption” as used in this act shall include eases where persons are treated
as adopted as well as those of legal adoption.
(7)
The words 44injuries sustained in extrahazardous occupations or pur
suits,” 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 whore their employer's business requires
their presence and subjects them to extrahazardous duties incident to the
business, but shall not include injuries to any workman occurring while on his
way to assume the duties of his employment, or after leaving such duties, the
proximate cause of which injury is not the employer’s negligence.
(at) Whenever in this act the term “ earnings” is used it shall l>e construed
to mean the average weekly earnings of the workman at or immediately prior
to the date of the injury. Such average weekly earnings shall be computed by
dividing the total earnings of such workman during the periods not exceeding
one year during which he has been employed in the same capacity by such em
ployer, by the number of weeks in such period. However, if the injured work
man shall have worked less than one week at the employment in which he was
injured his earnings shall be determined by the average weekly earnings of
other workmen engaged in like employment in the same locality during the pre
ceding four weeks: Provided, That in case such earnings have been unusually
large on account of the employer's necessity temporarily requiring him to pay
extraordinarily high wages such average weekly earnings shall be based upon
the usual earnings in the same community for labor of the kind the workman
was performing at the time of the injury. In any event the weekly compensa
tion allowed shall not exceed the maximum nor be less than the minimum pro
vided in section 17 hereof.
(n) The words 44judge” and ‘"court.” wherever used in this act shall be
considered interchangeable in meaning wherever required from the context
thereof or necessary for the validity of the provisions concerning the same.
(o)
Where any employer procures any work to be done wholly or in part for
him. by a contractor other than an independent contractor, and the work so
procured to be done is a part or process in the trade or business of such em
ployer. 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 “ causal employment.”
ip) 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 em
ployment as to such employer, then such contractor shall become the employer
for the purposes of this act.
S ecs . 18-15. Procedure.— [Compensation is to be paid in monthly installments,
beginning not later than 81 days after the date of the injury. Notice must be
submitted in writing within two weeks after the accident unless prevented by
the injury or other causes beyond the employee’s control; then as soon as pos
sible. and not later than 60 days after the accident. Such notice will not be
required where the employer or an agent in charge of the work had actual
knowledge of the occurrence. Otherwise, failure to give notice within two
weeks bars compensation for the period of default. If the employer having
knowledge o f ’the accident fails or refuses to pay the compensation here pro
vided, the workman must tile claim, or a dependent in case of his death, not
later than 60 days after such refusal or faiiure of the employer to pay. The
claim must be informal, but setting forth sufficient facts for its determination;
if defective, defects may be corrected by the court or the claimant at any
time before being heard. The clerk of the court is to furnish suitable blanks
for such claims. After 20 days, allowed for answer or adjustment by the em
ployer, the clerk of the court is to forward the claim to the judge for hearing.
If within the 20 days a settlement or release signed by the parties is tiled,
judgment will enter thereon. Trial may be either by jury or by the court, but
in a summary manner as far as possible. On conclusion of the testimony the
rourt renders judgment in accordance with the merits of the case. Provision
is made for the subpoenaing of witnesses as in civil cases. No costs shall be
charged other than witness fee and mileage, per diem expenses of the clerk or
other person taking testimony, and physicians’ fees, if directed by the court to
make an examination, which shall not exceed $5 and the same fees and mileage
as allowed other witnesses. Judgments will be against the employer, his insurer
372
w o r k m e n ’ s co m p en sa tio n LAWS— UNITED s t a t e s
or sureties, directing payment of the amount then due and further amounts at
regular intervals on dates fixed. Executions for such amounts are to be issued
in the event of an affidavit filed that payments have not been or are not l>eing
made, and that disability .still continues, unless an examination by a physician
has been arranged for, in which event execution will not issue until further
order of the court. Judgments have the same effects as judgments and execu
tions in civil eases.
Final orders or judgments rendered by the court are reviewable by the su
preme court on appeal or writ of error as in other cases, except that they shall
be advanced on the calendar and disposed of as promptly as possible.]
Sec. 16. Claims on account of death.—In event any injury from accident
arising out of and in the course of the employment of a workman should
result in and be the proximate cause of his death and he should leave sur
viving 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* i>ermit, on behalf of the bene
ficiaries entitled thereto, and such claim shall be filed and answer made thereto
and other procedure had as in cases filed by injured workmen: 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 1910. ch. 44; 1921, ch. 184.) Benefits; schedule.—Nc*
compensation shall be due or payable under this act for any injury whicn
does not result in either the temporary disability of the workman lasting for
more than 10 days or in his permanent disability or permanent injury, as
herein described, or death, but for any such Injury for which compensation
is payable under this act, the employer shall in nil proper cases, as herein
provided, pay to the injured workman or to some person authorized by the
court to receive the same, for the use and benefit of the beneficiaries entitled
thereto, compensation at regular intervals of not more than 31 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 13 hereof:
(<r) For total disability the workman shall receive 50 per cent of his earn
ings. not to exceed a maximum compensation of $12 per week, nor be less than
a minimum of $6 per week: Provided. That if at the time of injury the work
man receives earnings of less than $6 per week then he shall receive the full
amount of such earnings per week to be paid during the period of such disa
bility, not, however, for more than 520 weeks.
In case death proximo tely results from the injury within the period of out
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 $75 and the expenses provided for medical and
hospital services for deceased, together with such orher sums as deceased may
have been paid for disability.
(2) If there are dejindents at the time of the death, the payment shall
consist of not to exceed $75 for funeral expenses and the percentage herein
after specified of the average weekly earnings, subject to the limitations of
this act, to continue for the period of 300 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 following perwns:
1. To the child or children, if there be no widow or widower entitled to com
pensation, 25 per cent of earnings of deceased with 30 per cent additional for
each child in excess of two, with a maximum of 60 per cent to be paid to
their guardian.
2. To the widow or widower, if there be no children, 49 |>er cent of earn
ings. not to exceed a maximum compensation of $12 per week.
3. To the widow or widower, if there i>e one child, 45 per cent of earnings.
4. To the widow or widower, if there be two children, 50 per cent of earnings.
5. To the widow or widower, if there be three children. 55 per cent of earn
ings.
6. To the widow or widower, if there be four or more children, 60 per cent
of earnings.
TEXT OF LAWS— STEW MEXICO
373
7. I f there be neither widow, widower, nor children, then to tho father and
mother, or the survivor of them, if dependent to any extent upon the workman
for support at the time of his death. 20 per cent of earnings.
8. If there be neither widow, widower, children, nor dependent pareut, then
to the brothers and sisters, if actually dependent to auy extent upon the dece
dent for support at tho time of his death. 15 per cent of earnings for one
brother or sister, and 5 per cent additional for each additional brother or
sister, with a maximum of 25 i>er cent, such compensation to be paid to their
guardian: Provided, That the maximum compensation to partial dependents
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 $30 per week, nor less than $12 per week, except
where the earnings are less than $12 per week, and iu that case upon the
amount of earnings.
(b)
For disability paitial iu character but permanent in quality, such com
pensation shall be measured by the extent of such disability. In the follow
ing cases the compensation shall be 50 per cent of the earnings of such work
man, 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—
Wi»<*k*
One arm at or near shoulder, dextrous member_____________ 130
One arm at elbow, dextrous member_______________________ 140
One arm between wrist and elbow, dextrous member_______ 130
One arm at or near shoulder, nondextrous member_________ 140
One arm at elbow, nondextrous member----------------------------- 130
One arm between wrist and elbow, nondextrous member___ 120
One hand, dextrous member_______________________________ 110
One hand, nondextrous member____________________________ loo
One thumb and the metacarpal bone thereof_______________ 50
One thumb at the proximal point__________________________ M)
One thumb at the second distal joint______________________ 20
One first finger and the metacarpal bone thereof___________ 25
One first finger at the proximal joint----------------------------------- 20
One first finger at the second joint_________________________ 13
One first finger at the distal joint_________________________ 10
One second finger and the metacarpal bone thereof-------------- 20
One second linger at the proximal joint___________________ 15
One second finger at the second joint______________________ 10
One second finger at the distal joint----------------------------------8
One third finger and the metacarpal bone thereof___________ 15
One third finger at the proximal joint-------------------------------- 10
One third finger at the second joint________________________
8
One third finger at the distal joint-------------------------------------8
One fourth finger and the metarcapal bone thereof_________ 12
One fourth finger at the proximal joint----------------------------- 12
One fourth finger at the second joint______________________
S
One fourth finger at the distal joint_______________________
0
Loss of all fingers on one hand where thumb and palm remains. 53
One leg at or so near hip joint as to preclude the use of an
artificial limb___________________________________________ 140
One leg at or above the knee where stump remains sufficient
to permit the use of an artificial limb____________________ 120
One leg between knee and ankle___________________________ 110
One foot at the ankle-------------------------------------------------------- 100
One great toe with the metatarsal bone thereof_____________ 30
One great toe at the proximal joint_______________________ 15
One great toe at the second joint___________________________ 10
One toe other than the great toe with the metatarsal bone
thereof-------------------------------------------------------------------------- 12
One toe other than the great toe at the proximal joint_______
8
One toe other than the axeat toe at second or distal joint-------6
Loss of all toes of one foot at proximal joint________________ 35
One eye by enucleation____________________________________ 110
Total blindness of one eye-------------------------------------------------- 100
Tutal deafness in one ear__________________________________ 85
Total deafness in both ears----------------------------------------------- 135
374
w o r k m e n ’s co m p en sa tio n la w s — UNITED s t a t e s
If auy workman is seriously permanently disfigured about the face or head
the court may allow such additional sum for compensation on account thereof
as it may deem just, not exceeding $500.
When by reason of infec tion or other cause not due to neglect or misconduct
of the injured workman he is actually disabled longer than the time specified
in the foregoing sc hedule from earning wage's, compensation 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 of any
member as the proximate result of ail accidental injury shall be deemed equiva
lent to the loss thereof.
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 totai disability, permanent in character: Provided , That the em
ployer shall not be liable for compensation for total disability if the loss of one
arm, foot. leg. or eye ccurred prior lo such accident, but in that event compen
sation shall be paid only in accordance with the schedule herein for partial dis
abilities. but the definitions of total disability contained in this paragraph
shall not be exclusive of other cases of total disability.
In ail other cases of 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, must
clearly prove: (3) That the hernia is of recent origin; (2) that its appearance
was accompanied by pain: (3) that it was immediately preceded by some
accidental strain .suffered in the course of the employment, and (4) that it did
not exist prior to the date of the alleged injury.. If a workman, after estab
lishing his right to compensation for hernia as above provided, elects to be
operated upon, a special operating fee of not to exceed .$75 shall be paid by the
employer or his or ils insurer. In case such workman elects not to be operated
upon and the hernia becomes strangulated in the future, the results from
Mich strangulation shall not be compensated.
Srx\ If* (as amended 1919. ch. 4-1; .1921, ch. 184). Wail inf/ lime: medical, etc.,
aid.—No compensation shall lie allowed for the tirst 10 days after injury is
received, nor in any case unless the employer has actual knowledge of the
injury or is notified thereof wirhin the period specified in section 13 hereof.
During the first 10 days after the injury the employer shall furnish reason
able surgical, medical, and hospital services and medicine, as and when needed,
not (o exceed $150 in value, unless the workman refused to allow them to be
furnished by the employer. In ease, however, the employer has made pro
visions for, and has at the service of the workman at the time of the accident
or subsequent, thereto during disability, adequate surgical, hospital, and med
ical facilities and attention, whether such facilities and attention are provided
by rhe 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 10 days after the injury any
oilier or additional surgical, medical, or hospital services or medicines than
those so provided.
Compensation for all classes of injuries shall run consecutively and not con
currently, as follows:
First 10 days surgical, medb-al. and hospital services and medicines, as pro
vided in this paragraph. A her the first 10 days compensation during tem
porary 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 auy.
S e c . 19. Medical co-anti nation.— [Where right, to compensation exists, the
employee must submit to medical examination by the employer's physician or
by a physician selected by the court. He may have his own physician present
at the time. Refusal or obstruction suspends right to compensation, and if
]>ersisted in after direction by the court, compensation is barred for the period.
Persistence in unsanitary or injurious practices will lead to a reduction or sus)>ensioD of compensation. Physicians in attendance must testify, communica
tions made by the workman at any examination not to be considered as priv
ileged.]
TEXT OF LAWS— NEW MEXICO
375
Sec. 20. Attachment, etc.—Compensation shall he exempt from claims of credi
tors and from any attachment, garnishment, or execution, and shall be paid
only to such workman or his personal representative, or such other persons as
the court may, under the terms hereof, appoint to receive or collect the same.
No claim or judgment for compensation under this act shall accrue to or be
recovered by relatives or dependents not residents of the United States at the
time of the injury of such workman.
S ec . 21. Safety laws.—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.
Sec. 22. Fees.— [No fees of attorneys, agents or interpreters may exceed five
l*er cent of the whole amount received or to be received by any beneficiary or
beneficiaries on account of injuries to any workman.]
Sec. 23. Medical examination on entering employment.—It shall be the duty
of the workman, at the time of his employment or thereafter at the request
of the employer, to submit himself to examination by a physician or surgeon
duly authorized to practice medicine in the State, who shail 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, ad
dresses, relationship, and degree of dependency of his dependents, i£ any, or
any subsequent change thereof, to the employer, and when the employer or his
insurance carrier shall require, the workman shall make a detailed verified
statement relating to such dependents, matters of employment, and other infor
mation incident thereto.
Sec. 24. Examinations of beneficiaries; powers of courts; third party liabil
ity.—Any workman awarded compensation for disability under this act shall,
previous to the falling due of any installment of compensation provided for in
flie judgment therefor upon the order of the court, if requested by his em
ployer, or any other person bouud by judgment 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 aud 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 exam
ination 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 empow
ered to hear evidence upon such issued and hearing. If it be discovered by
such examination and hearing that diminution or termination of disability has
taken place the court shall order diminution or termination of payments of
couij>eusation as the facts may warrant. If the workman in such case refuses
to Mibmit to such examination or obstructs the same, his right to monthly pay
ments shall be suspended until such examination has taken place, and no
comi>ensatioii shall be payable during such period of refusal.
The district court in which the right to compensation provided herein is
enforceable shall at all times have the light and power to authorize, direct,
or approve any settlement or compromise of any claim for compensation here
under by any injured workman or his personal representative or dependents,
or any person appointed by the court to receive payment of the same, for
such amount and payable iu installments or lump sum or in such other way
and mauner as the court may approve.
The right of any workman, or, in case of his death, of those entitled to re
ceive payment or damages for injuries occasioned to him by the negligence
or wrong of any person other than the employer as herein defined, shall not
Ik* affected by this act. but he or they, as the case may be, shall not be al
lowed to receive payment: or recover damages therefor and also claim com
pensation from such employer hereunder, and in such case the receipt of com
pensation from such employer hereunder shall operate as an assignment to the
employer, his or- its insurer, guarantor, or surety, as the case may be, or any
cause of action, to the extent of the liability of such employer to such work
man 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 under
taking of insurance, guaranty, or security for the payment of compensation
which may become due to the injured workman from him hereunder, or, in
Jieu thereof, the certificate of the judge as herein provided within the time
herein required, shall be deemed guilty of a misdemeanor and shall be pun
ishable by a fine [of] not more than $1,000 for any such offense.
376
w o r k m e n ’ s c o m p en sa tio n LAWS— UNITED STATES
In case for any reason any section, paragraph, clause, or provision of this
act shall be held to be unconstitutional or invalid, the same shall not bo held
to affect any other section, paragraph, clause, or provision hereof, which can,
without the same, be administered and enforced in substantial compliance with
the general intent hereof; except that sections 2 and 6 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 and be held to
be void and inoperative.
NEW YORK
CONSTITUTION
A rticle
1.—Safety of workmen—Compensation for injuria
S e c t io n 19 (adopted Nov. 4, 191R). Power of legislature.—{Nothing in the
constitution is to be construed so as to limit the power of the legislature to enact
laws to protect the life, health, and safety of employees or to provide a com
pensation and insurance system which shall furnish the exclusive remedy
for injuries to employees or death resulting therefrom, providing fixed and
determinable sums in cases of death, the costs to be regarded as a proper
charge in the cost of operating the business of the employer.]
CONSOLIDATED LAWS
C h a pter
(57 (added by chapter 41, Acts of 11)14).—Compensation of workmen
for injuries
[This statute was first enacted as chapter 816, Acts of 1913, but for constitu
tional reasons was reenacted as chapter 41, Acts of 1914. Amendments were
made from time to time, an extensive revision aud rearrangement being made
in 1922 (ch. 615). Taking this revision as the basis, subsequent amendments
will be noted in their proper places, bur no changes prior to 1922 will be in
dicated.]
A
r t ic l e
1
S ection 1. Title.—This chapter shall be known as the “ workmen s comi>ensation law.*’
Sec. 2. Definitions.—As used in this chapter, 1. “ Hazardous employment”
means a work or occupation described * action 3 of this chapter.
2. “ Department ” means the department of labor of the State of New York;
“ Commissioner” means the industrial commissioner of the State of New York;
“ Board” means the industrial board of the State of New York.
3. “ Employer,” except when otherwise expressly stated, means a person,
partnership, association, corporation, and the legal representatives of a de
ceased employer, or the receiver or trustee o1* a person. partni»rshii>. asso'-bi.tion, or corporation employing workmen in hazardous employments, including
the State and a municipal corporation or other political subdivision thereof.
4. “ Employee** means a person engaged in one of the occupations enumer
a t e in section 3 or who is in fhe 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 occupa
tion carried on by the employer for pecuniary gain, or in connection 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 sec
tion 3.
6. “ Compensation ” means the money allowance payable to an employee or
to his dependents as provided for in this chapter, and includes funeral benefits
provided therein.
7. “ Injury ” and “ personal injury ” mean only accidental injuries arising
out of and in the course of employment and such disease or infection 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’* menus the money rate at which the service rendered is recom
pensed under the contract of hiring in force at the time of the accident, includ
ing the reasonable value of board, rent, housing, lodging, or similar advantage
received from the employer.
377
378
W OBKMEN’S COMPENSATION LAWS— UNITED STATES
10. “ State fund " means the State insurance fund provided for in article 5
of this chapter.
11. “ Child” shall include a posthumous child, a child legally adopted prior
to the injury of the employee, and a stepchild or acknowledged illegitimate
child dependent upon the deceased.
12. “ Insurance carrier” shall include the State fund, stock corporations, or
mutual associations with which employers have insured, and employers per
mitted to pay compensation directly under the provisions of subdivisions three
or four of section 50.
13. “ Manufacture,** “ construction.*' ’ **oj>eration,v and “ installation** shall
include “ repair,” “ demolition/* “ fabrication,*’ and “ alteration.” and shall
include all work done 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.
S ec. 3 (as amended 1924, ch. 658). Employments covvrcd.—1. Hazardous
employments. Compensation shall be payable for injuries or death incurred by
employees in the following employments:
Group 1. Canning o f : Fish; foodstuffs; fruit; vegetables.
Group 2. Care o f : Buildings; grounds; trees.
Group 3. Construction of: Bridges; buildings; car shops; conduits; curbs;
dams; dynamos; electric light and power lines or appliances; electric rail
ways; highways; incline railways: machine shops; manufacturing plants;
power plants; railways; sewers;• sidewalks; steam plants; steam railways;
steel bridges aud buildings; street railways; structures of all kinds; sub
aqueous works; subways; telegraph lines; telephone lines.
Group 4. Installation of: Boilers; dynamos; electric light and power lines
or appliances; elevators; engines, stationary; fire escapes; heating apparatus;
lighting apparatus: machinery, heavy; pipes; telephones.
Group 5. Laying o f : Cables; pipes; tiles; wires.
Group 6. Manufacture of: Acids: adding machines; aeroplanes; agricultural
implements; aircraft: alcohol; ammonia: ammunition: anchors; artificial ice
or stone: asbestos: asphalt: asphalted paper; automobiles; baby carriages, toy;
bags, cloth and paper; barrels; baskets; beds; bedsprings; belting: bicycles;
biscuits; blacking or polish for shoes: blankets; boats, small; boilers; bolts;
bone articles; boots: boxes: bricks: brooms; brushes; butter; buttons; cables;
calcium carbide; cameras and supplies; candles; candy; can oes ; canvas: caps:
cardboard boxes; carpets; carpet sweepers; carriage mountings; carriages;
cash registers; castings; cattle foods; celluloid; cement; cereals: charcoal;
cheese; cheese boxes: chemical preparations, noncorrosive; chemicals; ciga
rettes; cigars; cloth; clothing; coffins: collars; color; concrete blocks; condi
ments; confectionery; cordage; corrosive acids or salts; corrugated paper
boxes; corsets; crackers; cutlery: dairy products; door screens; doors? drugs;
dyes; electric fixtures; elevators; engines, heavy and traction; excelsior; explo
sives; extracts; fabrics: fabrics, articles from; felt; fertilizers; fibre: films
for pictures; firearms: iireproofing; fixtures, water, gas, or electric: foodstuffs;
forgings; furnaces; furniture: furs: gas fixtures: gases; gasoline: gelatine;
glass; glass products and wares; gloves; giue; gold ware; gunpowder; hard
ware; harness: hats: headings: hemp or manila products: hose, rubber;
hosiery; ice, artificial: ice cream: ink: implements, agricultural; instruments;
interior woodwork; iron, structural: ivory articles; japans: jewelry: kegs;
leather goods and products; light machines; liquors; locomotives; machinery;
machines, adding, light and threshing: malt liquors: manila or hemp products;
maltesses: mattresses: meat products: meats; medicines; men's clothing; metal
articles, beds, instruments, toys, utensils, aud wares: metal products, sheet;
metal, structural; miik products: mineral water; motor vehicles; mouldings;
moving-picture films and machines; nails: oil; organs; paint.: paper; paper
boxes; paper, tarred, pitched, or asphalted; paste; paving blocks and material;
perfumes: petroleum aud products thereof; pharmaceutical preparations;
photographic cameras and supplies; pianos; pipes; pitched paper; plaster,
compounds of plated ware; polish for shoes: porcelain; pottery: printers’
rollers; printing ink; pyroxylin :nid its compounds and plastics; rails; rattan
wave; registers, cash; robes: ropes; rubber goods; saddlery: safes; salts, or
acids, corrosive; sanitary fixtures; screens, window and door; screws; shades,
window; shafting; sheet metal and products thereof; shell articles; shirts;
shoddy; shoe blacking or polish; shoes; silverware; sleighs; soaps; socks;
TEXT OF LAWS— JSEW YORK
379
soda water; spices; spirituous liquors; spokes; stationery; staves; steel, struc
tural; stockings; stone, artificial; stoves; structural steel, iron or metal;
sweepers, carpet; tar; tarred paper; terra-cotta; textiles; textiles, articles
from; thread: threshing machines; tile; tires, rubber; tobacco, and products
thereof; toilet preparations; tools; toys, metal and wooden; traction engines;
trunks; tubing, metal and rubber; tubs; turpentine; typewriters; umbrellas;
utensils; valises; varnish; vats; vehicles; veneer; wagons; wallpaper; water
fixtures; waters, mineral or soda; wax; white ware; wicker ware; window
screens and shades; wine; wire and wire goods; women's clothing; wooden
articles; woodwork, interior; yarn.
Group 7. Operation o f: Aeroplanes; air craft; barges; boats; boilers, sta
tionary; cables, telegraph; car shops; cars; dynamos; electric light and power
lines or appliances ; electric railways; electric vehicles, rollers and engines;
elevators, freight, passenger, and grain; engines, stationary and traction; gas
vehicles, rollers and engines; gas wells; gasoline vehicles, rollers and engines;
grain (‘levators; hand trucks; horse-drawn vehicles, rollers and engines; incline
railways; lighters; machine shops; oil wells; plants, power and other; rail
ways; rollers; ships; stationary engines and boilers; steam plants; steam
railways; street railways; telegraph lines; telephone lines; threshing machines;
traction engines; transports; trucks; tug boats; vehicles; vessels; wagons;
waterworks.
Group 8. Preparation of: Fish; foodstuffs; fruit; gelatine; meat stuffs;
meats; metals; minerals; paste; vegetables; wax.
Group 9. Removal o f : Ashes: awnings; garbage; snow.
Group 10. Sinking o f : Drilled wells; gas wells; oil wells; salt wells.
Group 31. Storage or handling o f: Ammunition; cargoes; corrosive acids
or salts; chemicals; explosives: gasoline: gunpowder; ice; petroleum.
Group 12. Work as: Barbers; blacksmiths; carpenters; chauffeurs; drivers;
furriers; garbage sorters; horseslioers: janitors; life guards; longshoremen;
marble workers; masons; movers; slieet-nietal workers; teamsters; theatrical
electricians, flymen, lamp operators, moving-picture machiners, property men,
stage carpenters, and stage hands.
Group 13. Work at: Awning erection; bln sting; bleaching; boiler covering;
bookbinding; booming timber or logs; bottling; bricklaying; building care,
maintenance, and salvage; cable laying or repair, underground; canning;
carpentry; clam cultivating, harvesting, opening, or planting; cleaning clothes,
streets, windows, or buildings: concreting; cork (tutting; decorating; disin
fecting; dredging: dyeing; eiectrotyping; embossing; engraving; excavation;
glazing; grave digging: heating; ice distribution, harvesting, or storage;
landscape gardening; lighting; lithographing; logging; lumbering, except opera
tions solely for the production of firewood on farm lands, in which not more
than four persons are engaged by a single employer; marble cutting; marine
wrecking; milling; mining: innltigrnphing; oyster cultivation, planting, har
vesting, or opening; ore reduction; painting; papering; paving; photo-engraving; picture hanging; pile driving: pipe covering; plastering; plumbing; print
ing; rafting; renovating; river driving; road building; roofing; salvaging of
buildings or contents; sea food cultivation, harvesting, or planting; shaft
sinking; shipbuilding; smelting; stereotyping; stone crushing, cutting, dress
ing. grinding, or setting; storage of all kinds and storage for hire; street clean
ing or construction; structural carpentry: subaqueous construction; subway
construction; tree moving, planting, trimming, and surgery; tunneling; under
taking; upholstering; warehousing; well digging or drilling; window cleaning;
wrecking, marine.
Group 14. Work in: Abattoirs; bakeries; bark mills; boarding stables;
breweries; caissons; clay pits; coal yards: compressed-air compartments;
dining cars; distilleries: express cars; fish markets; flax mills; foundries;
garages; garbage plants; gravel pits; groceries, wholesale: hotels having four
or more workmen or operatives; junk dealers’ places; knitting factories; labo
ratories; lath mills: laundries, power; life-saving stations; limekilns: livery
stables; lumber yards; machine shops; markets, fish, meat, poultry; meat
markets; packing houses; paper mills; parlor cars; pickle factories; planing
mills: poultry markets; printing plants; pulp mills; quarries; rolling mills;
sales stables: sand pits; sash and door factories; sawmills; sewage disposal
plants; shale pits; shingle mills; sleeping cars; spinning manufactories;
1965°—26------25
380
WORKMEN
S COMPENSAXION
LAWS — UK1XED STATES
stables, livery, boarding, or sales; storage warehouses; sugar refineries; tan
neries: weaving manufactories; wholesale groceries.
Group 15. Employment as a keeper, guard, nurse, or orderly iu a prison,
reformatory, insane asylum, or hospital maintained or operated by the Stare or
a municipal corporation or other subdivision thereof, notwithstanding the defi
nitions of the terms “ employment.,*' “ employer,” or " employee ” in subdivisions
3, L and 5 of section 2 of this chapter.
Group 16. Any employment by the State, notwithstanding tlie definitions of
the terms *•employment.” “ employer,” or “ employee” iu subdivisions 3. 4,
and 5 of section 2 of this chapter.
Group 17. Any employment enumerated in the foregoing groups and carried
on by a municipal corporation or other subdivision of the State, notwith
standing the definition of the term “ employment” in subdivision 5 of section
2 of this chapter.
Group 18. All other employments not hereinbefore enumerated carried on by
any person, firm, or corporation in which there are engaged or employed four
or more workmen or operatives regularly, in the same business or in or about
the same establishment either upon the premises or at the plant or away from
the plant of the employer, under any contract of hire, express or implied, oral
or written, except farm laborers and domestic servants.
Group 19. An employer may bring an employment that is not listed in this
section within the coverage of this chapter by securing compensation to his
employee or employees engaged in such employment in accordance with section
50 of this chapter.
Any employee in the service of such employer shall be deemed to have accepted,
and .shall be subject to the provisions of this chapter, and any act amendatory
then-of, if at the time of the accident for which liability is claimed the em
ployee shall not at the time of entering into hits contract of hire have given to
his employer notice in writing that he elects not to be subject to the provisions
this chapter and filed a copy thereof with the commissioner, or in the event
that such contract of hire was made in advance of election of the employer,
such employee shall not have given to his employer and filed with the com
missioner, within 20 days after such election, notice in writiug that he elects
not to be subject to such provisions. A minor employee shall be deemed sul
juris for the purpose of making such an election.
2.
Occupational diseases: Compensation shall be payable for disabilities sus
tained or death incurred by an employee resulting from the following occu
pational diseases:
Co l u m n
1
Description of diseases
1. Anthrax;.
2. Lead poisoning or its sequelae.
3. Zinc poisoning or its sequel®.
4. Mercury poisoning or its sequel®.
5. Phosphorus poisoning or its sequel®.
& Arsenic poisoning or its sequel®.
7. Poisoning by wood alcohol.
8. Poisoning by nitro, hydro, and
amido derivatives of benzene
(dinitro-benzol, anilin, and others), or its sequel®.
Co lu m n
2
Description of process
1. Handling of wool, hair, bristles,
hides, or skins.
2. Any process involving the use of
lead or its preparations or com
pounds.
3. Any process involving the use of
zinc or its preparations or com
pounds oi’ alloys.
4. Any process involving the use of
mercury or its preparations or
compounds.
5. Any process involving t%e use of
phosphorus or its preparations
or compounds.
6. Any process involving the use of
arsenic or its preparations or
compounds.
7. Any process involving the use of
wood alcohol or any prepara
tion containing wood alcohol.
8. Any process involving the use of a
nitro, hydro, or amido derivative of benzene or its preparations or compounds.
381
TEXT OF LAWS— NEW YORK
C olum n 1— Continued
C o lum n
Description of disease*— C ontinued
9. Poisoning by carbon bisulphide or
its sequela?.
10. Poisoning by nitrous fumes or its
sequel*.
11. Poisoning by nickel carbonyl or
its sequelie.
12. Dope poisoning (poisoning by tetrachlor-metlia ne or - any sub
stance used as or in conjunction
with a solvent for acetate of
cellulose) or its sequelae.
13. Poisoning by formaldehyde and its
preparations.
14. Chrome ulceration or its sequelae.
15. Epitheliomatous cancer or ulcera
tion of the skin or of the corneal
surface of the eye, due to tax,
pitch, bitumen, mineral oil, or
paraffin, or any compound, prod
uct, or residue of any of these
substances.
10. Glanders.
17. Compressed-air illness or its se
quels.'
18. Miners’ diseases, including only
cellulitis, bursitis, ankylosto
miasis, tenosynovitis, and ny
stagmus.
19. Cataract in glassworkers.
2—Continued
Description of process—Continued
9. Any process involving the use of
carbon bisulphide or its prepa
rations or compounds.
10. Any process in which nitrous
fumes are evolved.
11. Any process in which nickel car
bonyl gas is evolved.
12. Any process involving the use of
any substance used as or in con
junction with a solvent for ace
tate of cellulose.
13. Any process involving the use of
formaldehyde and its prepara
tions.
14. Any process involving the use of
chromic acid or bicromatc of
ammonium, potassium, or so
dium. or their preparations.
15. Handling or use of tar. piu-b.
bitumen, mineral oil. or para
ffin, or any compound, product,
or residue of any of the^e sub
stances.
16. Care or handling of any equine
animal or the carcass of any
such animal.
17. Any process carried on in com
pressed air.
18. Any process involving mining.
19. Processes in the manufacture of
glass involving exposure to the
glare of molten glass.
A r t ic l e
2
S ection 10. Compensation payable, when.—Every employer subject to this
chapter shall in accordance with this chapter secure compensation to his em
ployees and pay or provide compensation for their disability or death from
injury arising out of and in the course of the employment, without regard to
fault as a cause of the injury, except that there shall be no liability for com
pensation under this chapter when the injury has been solely occasioned by
intoxication of the injured employee while on duty or by willful intention of
the injured employee to bring about the injury or death of himself or another.
S ec . 11. Remedy exclusive.—The liability of an employer prescribed by the
last preceding section shall be exclusive and in place of any other liability what
soever, to such employee, his personal representatives, husband, parents, de
pendents or next of kin, or anyone otherwise entitled to recover damages, at
common law or otherwise on account of such injury or death, except that if an
employer fail to seemre the payment of compensation for his injured employees
and their dependents as provided in section 50 of this chapter, an injured em
ployee, or his legal representative in case death results from the injury, may,
at liis option, elect to claim compensation under this chapter, or to maintain an
action in the courts for damages on account 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
382
w o r k m e n ’s co m p en sa tio n la w s — UNITED s t a t e s
by the negligence of a fellow servant, nor that the employee assumed the risk
of his employment, nor that the injury was due to the contributory negligence of
the employee.
Sec. 12 (as amended 1024, ch. 318). Waiting time.—No compensation shall
be allowed for the first seven days of disability, except the l>enetits provided
for in section 13 of this chapter: Provided, however. That in case the injury
results in disability of more than 49 days, the compensation shall be allowed
from the date of the disability.
Sec. 33. Medical, etc., aid.—The employer shall promptly provide for an in
jured employee such medical, surgical, or other attendance or treatment, nurse
ami hospital service, medicine, crutches, and apparatus for such period as the
nature of the injury or the process of recovery may require. If the employer
fail to provide the same, after request by the injured employee, such injured
employee may do so at the expense of the emploj-er. The employee shall not
be entitled to recover any amount expended by him for such treatment or serv
ices 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 superin
tendent or foreman having knowledge of such injury shall have neglected to
provide the same; nor shall any claim for medical or surgical treatment be
valid and enforceable, as against such employer, unless within 20 days fol
lowing the first treatment, the physician giving such treatment, furnish to the
employer and the industrial commissioner a report of such injury and treatment,
on a form prescribed by the industrial commissioner. All fees and other
charges for such treatment and services shall be subject to regulation by the
commissioner 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.
Sec. 14. Basis of compensation.—Except as otherwise provided in this chap
ter, the average weekly wages of the injured employee at the time of the injury
shall be 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 employment dur
ing 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 immedi
ately 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 earn
ings of an injured employee can not reasonably and fairly be applied, such an
nual 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 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.
Sec. 14-a (added 1923, ch. 572). Minors illegally employed.— [Compensation
and death benefits provided by this article are doubled in the case of minors
employed under 18 years of age in violation of any provision of the labor law.
No insurance policy is available to protect the employer in such case, he alone
being liable for the increased compensation or death benefits. A minor over
16 years of age may apply for a certificate of age to the proper certificating
officer. Such certificate shall be conclusive evidence for an employer as to the
age stated therein and the provisions of this section will not apply while the
TEXT OF LAWS— NEW YORK
383
minor is engaged in un employment lawful for (ho age and sex certified to in
such certificate.]
S ec. 15 (amended 1024, chs. 317, 320, 500; 1925, ch. 656; 1926, ch. 261).
Schedule for disability.—The following schedule of compensation is hereby
established:
1. Permanent total disability: In case of total disability adjudged to be per
manent 66% per cent of the average weekly wages shall be paid to the em
ployee 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.
2. Temporary total disability: In case of temporary total disability, 66%
per cent of the average weekly wages shall be paid to the employee during the
continuance thereof, but not in excess of $3,500 except as otherwise provided
in this chapter.
3. Permanent partial disability: In case of disability partial in character
but permanent in quality the compensation shall be 66% per cent of the average
weekly wages and shall be paid to the employee for the period named in this
subdivision, as follows.
Number of
Number of
weeks*
weeks*
compensation Member lost
compensation
Member lost
a. Arm__________ ______________ 312 g. First finger__ ______________ 46
b. Leg-----------------_______ ______ 288 h. Great toe_____ ______________ 38
e. Hand__________ ______________ 244 i. Second finger ...---------------------- 30
d. Foot__________ ______________ 205 j. Third finger___ ------------------------25
c. Eye___________ .................... .....160 k. Toe other than great toe_____ 16
f. Thumb________ ______________ 75 I. Fourth finger .---------------------- 15
in. Loss of hearing: Compensation for loss of the hearing of both ears, for
150 weeks.
tt. Phalanges: Compensation for the loss of more than one phalange of a
digit shall be the same as for loss of the entire digit. Compensation for
loss of the first phalange shall be one-half of the compensation for loss of the
entire digit.
o. Amputated arm or leg: Compensation for an arm or a leg. if amputated
at or above the elbow or the knee, shall be the same as for loss of the arm
or leg; but if amputated between the elbow and the wrist or the knee and the
ankle, shall be the same as for loss of a hand or foot.
p. Binocular vision or per cent of vision: Compensation for loss of binocular
vision or for 80 per cent or more of the vision of an eye shall be the same as
for loss of the eye.
q. Two or more digits: Compensation for loss of two or more digits, or
one or more phalanges of two or more digits, of a hand or foot may be pro
portioned to the loss of use of the hand or foot occasioned thereby but shall not
exceed the compensation for loss of a hand or foot.
r. Total loss of use: Compensation for permanent total loss of use of a
member shall be the same as for loss of the member.
8. Partial loss or partial loss of use: Compensation for permanent partial
loss or loss of use of a member may be for proportionate loss or loss of use
of the member.
t. Disfigurement: The board may award proper and equitable compensation
for serious facial or head disfigurement, not to exceed $3,500.
u. Other cases: In all other cases in this class of disability, the compensation
shall be 66% per cent of the difference between his average weekly wages and
his wage-earning capacity thereafter in the same employment or otherwise, pay
able during the continuance of such partial disability, but subject to recon
sideration of the degree of such impairment by the board on its own motion
or upon application of any party in interest.
4. Effect of award: An award made to a claimant under subdivision 3
shall in case of death arising from causes other than the injury be payable
to and for the benefit of the persons following:
a. If there be a surviving wife (or dependent husband) and no child of the
deceased under the age of 18 years, to such wife (or dependent husband).
b. If there be a surviving wife (or dependent husband) and surviving child
or children of the deceased under the age of 18 years, one-half shall be pay
384
WORKMEN’s COMPENSATION LAWS— UNITED STATES
able to the surviving wife (or dependent husbaud) and the other half to the
surviving child or children.
The board may in its discretion require the appointment of a guardian for
the purpose of receiving the compensation of the minor child. In the absence
of such a requirement by the board the appointment for such a purpose .shall
not be necessary.
c.
If there be a surviving child or children of the deceased under the age
of 18 years, but no surviving wife (or dependent husband) then to such child
or children.
An award for disability may be made after the death of the injured employee.
4-a. Protracted temporary total disability in connection with permanent par
tial disability. In case of temporary total disability aud permanent partial
disability both resulting from the same injury, if the temporary total disability
continues for a longer period than the number of weeks set forth in the fol
lowing schedule, the period of temporary total disability in excess of such
number of weeks shali be added to the compensation period provided in sub
division 3 of this section: Arm, 32 weeks; leg, 40 weeks; hand, 32 weeks; foot,
32 weeks; eye, 20 weeks; thumb, 24 weeks; first finger, 18 weeks; great toe. 12
weeks; second finger, 12 weeks; third finger, 8 weeks; fourth finger, 8 weeks;
toe other than great toe, 8 weeks.
In any case resulting in loss or partial loss of use of arm, leg, hand, foot, eye,
thumb, finger or toe, where the temporary total disability does not extend be
yond the periods above mentioned for such injury, compensation shall be
limited to the schedule contained in subdivision 3.
5. Temporary partial disability. In case of temporary partial disability
resulting in decrease of earning capacity, the compensation shall be two-thirds
of the difference between the injured employee’s average weekly wages before
the accident and his wage-earning capacity after the accident in the same or
another employment but shall not exceed in total $3,500.
G. Maximum and minimum compensation for disability: Compensation for
disability shall not exceed $20 per week nor be less than $8 per week: Pro
vided, however, That if the employee's wages at the time of injury are less
than $8 per week, he shall receive his full weekly wages.
7. Previous disability: The fact that an employee has suffered previous
disability or received compensation therefor shall not preclude him from com
pensation for a later iujury 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 earn
ing capacity at the time of the later injury: Provided, however, That an em
ployee who is suffering from a previous disability shall not receive compensa
tion for a later injury in excess of the compensation allowed for such injury
when considered by itself and not in conjunction with the previous disability.
8. Permanent total disability after permanent partial .disability: If an
employee who has previously incurred permanent partial disability through
the loss of one hand, one arm, one foot, one leg. or one eye, incurs permanent
total disability through 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 66% per cent of the average weekly wage earned by him at the
time the total permanent disability was incurred. Such additional compensa
tion shall be paid out of a special fund created for such purpose in the follow
ing manner: The insurance carrier shall pay to the State treasurer for every
case of injury causing death iu which there are no persons entitled to com
pensation the sum of $500. The State treasurer shall be the custodian of this
special fund, and the commissioner shall direct the distribution thereof.
0.
|.Employees totally or partially incapacitated for remunerative occupations,
receiving rehabilitation training under the State department of education, are
given an additional allowance necessary for rehabilitation, not more than $10
of which may be expeuded weekly for maintenance. A vocational rehabilitation
fund is maintained by payments in cases of death of persons leaving no de
pendents, the contribution being $500 in each case. This fund is in the hands
of the State treasurer disbursed on vouchers signed by the industrial com
missioner or deputy commissioner.]
S kc. 16 (a s amended 1023. clis. 556, 571; 1924 ch. 319). Death benefits.—
If the iu ju ry causes death, the compensation shall be know n as a death benefit
TEXT OJf LAWS— HEW YORK
385
and shall he payable in the amount Mad to or for the benefit of the persons
following:
.1. Reasonable funeral expenses not exceeding $200.
2. If there be a surviving wife (or dependent husband) and no child of
the deceased under the age of 18 years, to such wife (or dependent hus
band) 30 per cent of tbe average wages of the deceased during widowhood
(or dependent widowerhood) with two years* compensation in one sum, u]>on
remarriage; and if there be a surviving child or children of the deceased under
the age of 18 years, the additional amount of 10 per cent of such wages for each
such child until of the age of 18 years; in case of the subsequent death or re
marriage of such surviving wife (or dependent husband) any surviving child
of the deceased employee, at tbe time under 18 years of age shall have his
compensation increased to 15 per cent of such wages, and the same shall be pay
able until he shall reach the age of 18 years: Provided, That the total amount
payable shall in no case exceed 66% per cent of such wages. The board may
in its discretion require the api>ointment of a guardian for the purpose of
receiving the compensation of a minor child. In the absence of such a re
quirement by the board the appointment of a guardian for such purposes shall
not be necessary.
3. If there be a surviving child or children of the deceased under the age of
38 years, b u t no surviving wife <or dependent husband), then for the supIK>rt of each such child until the age of 18 years, 15 per cent of the wages of the
deceased: Provided, Tliat the aggregate shall in no case exceed 66% per cent
of such wages.
4. If there be no surviving wife (or dependent husband) or child under the
age of 18 years or if the amount payable to surviving wife (or dependent
husband) and to children under the age of 18 years shall be less in the ag
gregate than 66% per cent of the average wages of the deceased, then for the
support of grandchildren or brothers and sisters under the age of 18 years,
if dependent upon the deceased at the time of the accident, 15 per cent of such
wages for the support of each such person until the age of 18 years; and
for the support of each parent, or grandparent, of the deceased, if dependent
upon him at the time of the accident, 25 per cent of such wages during such
dependency. But in no case shall the aggregate amount payable under this
subdivision exceed the difference between 66% per cent of such wages, and
the amount payable as hereinbefore provided to surviving wife (or depend
ent husband) or for the support of surviving child or children.
5. Any excess of wages over $150 a month shall not be taken into ac
count in computing compensation under this section. All questions of de
pendency shall be determined as of the time of the accident.
6. If there be a person entitled to death benefits under the provisions of this
section, who shall be under the age of 18 years, and who shall be an inmate of
any institution and a public charge upon the department of public welfare of
the city of New York, or any other department or body, the benefits allowed
hereunder shall be payable to the said department of public welfare of the
city of New York or any other department or body to the extent of the reason
able charges for the care and maintenance, during the continuance as a public
charge in said institution, of said beneficiary and until the said person shall
have attained the age of 18 years. Any sum or sums remaining after the
snid payment out of the benefits shall be distributed as provided by the other
subdivisions of this section.
Sec. 17. Alien*.— [Aliens, nonresidents (or about to become nonresidents)
of the United States or Canada, are allowed the same benefits as residents,
but dependents in foreign countries are limited to the surviving wife and
child or children, or if none, the surviving father or mother supported wholly
or in part for the previous year. The commission may, at its option, or on the
application of the insurance carrier, commute all future installments at onelmlf their commuted amount.]
S ecs . 18 (as amended 1926, ch. 262), 19, 20 (as amended 1924, ch. 318). 23,
22 (both as amended 1923, ch. 568), 23, 24. Procedure.— [Notice of injury or
death must be given to.the commissioner and the employer within 30 days
after the accident causing the same. This may be by the claimant or some
one in his behalf, stating in ordinary language the facts in the case.. Delivery
may be by registered letter, and notice to one partner or to an agent of a
corporation is sufficient. Failure to give notice unless for some sufficient
reason it could not be given, or on the ground that the employer or an ageut
386
w o r k m e n 's COMl'KNSATJON LAWS— UNITED STATBS
had knowledge of tlie accident, or that he was not prejudicial by such failure
is a bar to any claim; but notice will be deemed to have been waived unless
an objection on account of failure was raised before hearing had. The in
jured workman must submit lo such physical examination as the commissioner
or board may require and refusal suspends proceedings, and no payment shall
be made for the period.
A claim may be submitted at any time after seven days from an injury or
at any time after a death. The commissioner or board must make sucli in
vestigation as deemed necessary, and must hold a hearing on the application
of either party, giving its award within 30 days after the claim was submitted.
Either party may present evidence at the hearing aud be represented by
counsel. The decision of the board is final as to all questions of fact, and
also as to questions of law unless appeal is taken within 30 days; the board
may also certify questions of law to the appellate division of the supreme
court. Awards draw interest from 30 days after the making thereof.
In proceedings on claims it is presumed, in the absence of substantial evi
dence to the contrary, that the claim comes within the provisions of this
chapter, that sufficient notice was given, that the injury was not due to
willful intent or intoxication while on duty. Awards may be modified by
the board on its own motion, or on the application of any party iu interest
on the ground of a change in conditions, but such review does not affect
prior payments except that an award for increased wages under subdivision
5 of section 14 may be made effective from the date of injury.
Awards or decisions of the board are final unless reversed or modified on
appeal, which must be taken within 30 days. Proceedings are to be summary
and such cases have precedence over all other civil cases. The board is a
party to every such appeal, being represented by the attorney general. An
appeal may also be taken to the court of appeals under fixed conditions. If
proceedings appear not to have been brought on reasonable grounds the
whole cost may be assessed upon the party bringing them. Claims of at
torneys for legal services are not enforceable unless approved by the board,
nor may any other fee or gratuity be exacted or received except as determined
by the board. Soliciting the business or appearing before the board on
behalf of a claimant or making it a business to solicit employment for a
lawyer in connection with claims for compensation is a misdemeanor. In
terest from the date of the award is payable on awards affirmed on appeal
to tlie appellate division.]
S e c . 25 (as amended 1925, ch. 657; 1926. ch. 260). Payment of aicards.—
IBenefits are to be paid periodically in like manner as wages without waiting
for an award by the board except in controverted cases. The first payment is
due on the fourteenth day of disability and biweekly thereafter, though pay
ments may be fixed at monthly or other periods as the board may deem advis
able. The beginning of payments must be rejwrted to the board by the
employer as well as stoppage or suspension. If the employer contests the
claim he must file notice of the fact with the commissioner stating the facts
and the reason why compensation is not being paid. Investigation is lo be
made by the commissioner, who may also make inquiry as to cases in which
payments are being made, the finding to properly- protect the rights of the
parties. If the payment is delinquent for 18 days, 10 per cent additional
accrues for the benefit of the claimant until such delay or default is excused
on application and a showing that conditions over which the employer or
insurance carrier had no control caused such delay. No case may be closed
without notice to all parties concerned and opportunity for hearing. Ad
vance payments entitle the employer to reimbursement out of unpaid in
stallments if claim therefor is filed before the compensation is paid. If
the employer or insurer fails to make payments according to the terms of
the award within 10 days thereafter, a penalty equal to 20 per cent of the
unpaid compensation becomes due. Final reports are to be made within 16
days after the cessation of payments for any cause, giving accident data and
the whole amount of compensation paid. Failure so to do eniails a penalty
of .$100, one-lialf to go to the permanent disability fund and one-half to Hie
expense fund of the department. The commissioner may require the making
of deposits to secure prompt and convenient payment of compensation awards.
Periodical payments may be commuted in one or more lump sum payments
in the discretion of the board.]
Sec. 26 (as amended 1926, ch. 250). Defaulted payment*.— rIn cases of default
for 30 days after payment due, or failure to secure payments as required by
TEXT OF LAWS— NEW YORK
387
section 50 of this act, with default for 10 (lays, a party in interest may file
with the county clerk for the county when' the employer has his principal
place of business a certified copy of the award, whereupon judgment must
enter in conformity with the decision. If the payment in default is an install
ment. the commissioner may declare the entire award due and judgment be
rendered accordingly, with the same effect as in suits determined by the court.
Such judgment is subject to being vacated or modified to conform with later
awards or decisions, and an award may be compromised by the board as may
best serve the interests of the parties entitled to benefits. No fees for filing
or recording transcripts are allowed.]
Sec. 27. Deposits.— [The board may in its discretion permit or require install
ment payments to be commuted at their present value and to be paid into the
State fund in cases in which awards for permanent total or permanent partial
disability run for 104 weeks or more, together with an additional sum to meet
the excuses of administering such fund. Such payment discharges the em
ployer or insurance carrier. The special fund so established is to be kept
separate, not liable for any losses or expenses other than its own administra
tion.]
S ec . 28 (as amended .1925. ch. 658.) Limitations.— [Claims are barred unless
filed within one year after the injury or death giving rise thereto unless the
employer has made an advance payment, and the board may at any time order
a hearing in such case as though a claim had been filed. The limitation must
be pleaded on the first hearing. I
S ec . 29 (as amended 1924. ch. 499). Third party liability.— [Where a right
of recovery lies against a third party, election must first be made whether to
take compensation under this chapter or to sue for remedy against such third
party. The commissioner may prescribe the mode of such election. If comI>eiisation is claimed the award operates as an assignment of the cause of action
to the person liable for the payment of the award; but if election is made to
proceed against a third party, the person liable for compensation must con
tribute only the deficiency, if any, between the recovery and the compensation
payable for the injury or death. A compromise may be effected for an amount
less than the compensation benefits only with the approval of the party liable
for the payment of such benefits. If the beneficiaries are minors’ dependents,
election shall be made by or on behalf of such minor as the board may deter
mine in such case.]
Secs. 30-34. Employees' inmraiwe; waivers; status of benefits.— [No benefits,
savings, or insurance of the injured employee may be considered in determining
benefits under this chapter except in the case of public employees entitled to
benefits under a pension system not sustained in whole or in part by contribu
tions of the employee. No agreement by which an employee is to pay any
portion of the premium for his employer’s insurance is valid, and employers
deducting from the wages of their employees for such purposes are guilty of a
misdemeanor. Employees may not waive their rights under the act. Benefits
may not be assigned, released or commuted except as provided in this chapter,
and are exempt from all claims of creditors and from levy, execution, or attach
ment. Benefits must be paid only to beneficiaries, and in case of the death of
an injured employee to whom there was due at the time any compensation,
the amount shall be payable to his dependents. An award for disability may
be made after the death of the injured employee. Compensation payments have
the same preference against the assets of the employer or insurance carrier as
allowed for unpaid wages, without limit as to the amount.]
A rticle 3
S ection 37. Definitions.—Whenever used in this article: 1. “ Disability”
means the state of being disabled from earning full wages at the work at which
the employee was last employed.
2. “ Disablement ” means the act of becoming so disabled, as defined in sub
division one.
Sec. 38. Occupational disease.—The disablement of an employee resulting
Irom an occupational disease described in subdivision two of section three shall
be treated as the happening of an accident within the meaning of this chapter
and the procedure and practice provided in this chapter shall apply to all pro
ceedings under this article, except where specifically otherwise provided herein.
388
w o r k m e n 's COMPENSATION LAWS — UNITED SJATES
Sec. 30. Right to compensation.—If an employee is disabled or dies and his
disability or death is caused by one of the diseases mentioned in subdivision
two of section three, and the disease is due to the nature of the corresponding
employment as described iii such subdivision in which such employee was en
gaged and was contracted therein, he or his dependents shall be entitled to
compensation for his death or for the duration of his disablement in accordance
with the provisions of article two, except as hereinafter stated: Provided, how
ever. That if it shall be determined that such employee is able to earn wages at
another occupation which shall be neither unhealthful nor injurious, and such
wages do not equal his full wages prior to the date of his disablement, the com
pensation payable shall be a percentage of full compensation proportionate to
the reduction in his earning capacity.
Sbc. 40. Time limit.—Neither the employee nor his dependents shall bo
entitled to compensation for disability or death resulting from disease unless
the disease is due to the nature of his employment and contracted therein
wirhin the 12 months previous to the date of disablement, whether under
one or more employers.
Sec. 41. Examining physicians.—The industrial commissioner shall appoint
one or more physicians whose duty it shall be to examine any claimant under
this article and to make report in such form as the commissioner may require.
Sec. 42. Date of disablement.—For the purposes of this article the date of
disablement shall be such date as the board may determine on the hearing on
the claim.
Sec. 43. Fraud.—If an employee, at the time of his employment, willfully
and falsely represents in writing that he has not previously suffered from the
disease which is the cause of disability or death, no compensation shall be
payable.
Sec. 44. Liability of employer.—The total compensation due shall be recover
able from the employer who last employed the employee in the employment
to the nature of which the disease was due and in which it was contracted.
If, however, such disease was contracted while such employee was in the
employment of a prior employer, the employer who is made liable for the
total compensation as provided by this section, may appeal to the board for an
apportionment of such compensation among the several employers who since
the contraction of such disease shall have employed such employee in the
employment to the nature of which the disease was due. Such apportionment
shall be proportioned to tbe time such employee was employed in the service
of such employers, and shall be determined only after a hearing, notice of the
time and place of which shall have been given to every employer alleged to be
liable for any portion of such compensation. If the board find that any portion
of such compensation is payable by an employer prior to the employer who is
made liable to the total compensation as provided by this section, it shall make
an award accordingly in favor of the last employer, and such award may be
enforced in the same manner as an award for compensation.
►
Skc. 45. Notice.—The employer to whom notice of death or disability is to
be given, or against whom claim is to be made by the employee, shall be the
employer who last employed the employee during the said twelve months in
the employment to tlie nature of which the disease was due and in which it
was contracted, and such notice and claim shall be deemed seasonable as against
prior employers.
Sec. 4C. Employee to furnish information.—Information; penalty.
The
employee or his dependents, if so requested, shall furnish the last employer
or the board with such information as to the names and addresses of all his
other employers during the said 12 months as he or they may possess, and
if such information is not furnished, or is not sufficient to enable such last
employer to take proceedings against, a prior employer under section 44, unless
it be established that the disease actually was contracted while the employee
was in his employment, such last employer shall not be liable to pay condensa
tion, or if such information is not furnished or is not sufficient to enable such
last employer to take proceedings against other employers under section 44,
such last employer shall be liable only for such part of the total compensation
as under the particular circumstances the board nmy deem just; but a false
statement in the information furnished as aforesaid shall not impair the work
men’s rights unless the last employer is prejudiced thereby.
S ec. 47. Presumption as to cause.—If the employee, at or immediately
Iwfore the date of disablement, was employed in any process mentioned in the
second column of the schedule of diseases in subdivision 2 of section 3, and
XJSXI OJj’ LAWS— NEW YOBS
389
his disease is the disease in the ih\st column of such schedule set opposite the
description of the process, the disease presumptively shall l>e deemed to have
been due to the nature of that employment.
Sec. 48. Where disease is accident.—Nothing in this article shall affect the
rights of an employee to recover compensation in respect to a disease to which
this article does not apply if the disease is an accidental personal injury within
the meaning of subdivision 7 of section 2 of this chapter.
Article 4
S ections 50 (as amended 1923, ch. 567), 51, 52 (as amended 1926, ch. 532). 53,
54 (as amended 1926, ch. 258), 55-57. Security.— [Compensation payments
must be secured in one of three ways: First, by insurance in the State fund;
second, insurance in any authorized stock or mutual company; and third,
by furnishing satisfactory proof of financial ability of the employer to meet
such payments as may become due under the act. Deposits of approved securi
ties may be required in case of self insurers, also an agreement on the part
of the employer to pay any awards commuted under section 27 into the special
fund therein provided for. Permission of self-insurance may be revoked at
any time for a good cause shown.
Counties, cities, villages, and towns may, by resolution of their governing
bodies, participate in establishing a mutual self-insurance system on the
assessment plan, the methods of which are prescribed; or such political sub
divisions may insure in the State fund or with an approved insurance carrier.
If they become self-insurers, municipalities are not required to furnish proof
of financial ability, but must meet other requirements applicable to selfinsurers. Municipal funds must be provided by levy, or if necessary, by
temporary loans to meet compensation payments as they fall due.
Employers complying with the requirements as to securing the payment of
compensation must post notices to that effect in and about their places of
business. The commissioner may require a written statement setting forth
the name of the company carrying the insurance or the manner in.which the
employer has complied with any provision of this chapter. Failure to respond
to an inquiry constitutes presumptive evidence of neglect to comply with such
provisions. Failure to secure the payment of compensation is a misdemeanor
punishable by fine of not more than $500 or imprisonment for not more than
one year, or both. If the employer is a corporation, the president, secretary,
and treasurer are liable for such failure.
Contributions to the State fund relieve the employer from all liability to
the compensation provided for under this chapter, recourse being only to the
State fund and not to the employer. Employers not insured in the State fund
are relieved from liability only by the payment of the benefits by themselves
or by the insurance carrier.
Policies of insurance must provide that the commissioner has the right to
enforee the liabiity of the carrier for the benefit of the person entitled to
compensation, but payment in whole or in part by either employer or the
carrier is to that extent a bar to recovery against the other. Policies must
also provide that: notice, knowledge and jurisdiction of the employer, and
awards and order* rendered against him are binding on the insurance carrier;
nor shall the carrier be relieved from liability accruing during the life of the
policy by reason of the insolvency or bankruptcy of the employer. Contracts or
agreements indemnifying the employer from loss or damage on account of in
juries to employees or the negligence of the employer or his agents are void
unless covering slso the liability for compensation provided for by this
chapter. Contracts may not be canceled during their term without at least
10 days’ notice. The cancellation of a policy of insurance in the State fund
may be made only for nonpayment of premiums. Employers and the execu
tive officers of corporations are not included in the insurance contract unless
they elect to be brought within the coverage of this chapter in which wise
they shall be insured as employees on condition that the estimation of their
wage values is reasonable and separately stated in and added to the valuation
of their pay rolls upon which the premium is computed. Contractors in
employments under the act subcontracting any part of their work are liable
nr- employers unless the subcontractor primarily liable for compensation has
.........<v! the same for his employees. An owner of timber other than farm
390
WORKMEN ’ rf COMPENSATION LAWS— UNITED STATES
lands contracting for work or service in connection therewith involving a
hazardous employment is liable for the compensation of employees of con
tractors or subcontractors injured in the course of their employment unless
the person primarily liable has himself secured such benefits as provided in
this chapter.
The head of any State or municipal department or board authorized to
issue permits involving the employment of employees in hazardous employ
ments as defined by this chapter may issue such permits only when the
employer lias produced satisfactory proof that compensation has been secured
as provided by this chapter; but this does not create any liability on the part
of the State or municipal department or agency to pay any compensation to
the employees.]
A rticle 5
S kction 90. State insurance fund.—There is hereby created a fund to be
known as “ the 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 ac
quired 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 applicable to the payment of losses sustained on
account of insurance and to the payment of expenses in the manner provided
in this chapter. Such fund shall be administered by the industrial com
missioner.
S ecs . 91, 92, 93 (as amended 1926, ch. 748), 94. Custody of fund; surplus;
administrative expenses.— [The. State treasurer is custodian of the State in
surance fund under separate aiid additional bond. Payments are to be made
on vouchers signed by the commissioner or deputy commissioner. Deposits and
investments are regulated, the latter to be in accordance with the provisions
of the law as to securities in which savings banks may invest. Ten per cent
of the premiums collected is to be set aside as a surplus for a catastrophe fund,
until $100,000 is accumulated; thereafter 5 per cent is to be set aside until in
the judgment of the commissioner the surplus is sufficiently large to cover the
catastrophe hazard. Contributions may then be reduced or discontinued con
ditional on the maintenance of a sufficient standard. Reserves are to be set
up and maintained according to rales approved by the superintendent of in
surance.
The entire expense of administering the State insurance fund is to be paid
out of the fund, the amount in any one year not to exceed 25 per cent of the
earned premiums for that year. Officers or employees of the department having
mixed duties are to be paid ratably from the administrative fund and the
State insurance fund. A statement of the expenses must be included in the
annual report of the commissioner to the legislature. All employees connected
with the administration of the fund are subject to civil service requirement.]
S ecs . 95 (as amended 1926, ch. 533), 96. Rates; dividends.— [Employments
and employers in the State fund are to be classed in accordance with differ
ences in degree of hazard for the purpose of determining premium rates; a
system of merit rating may also be employed. Rates are to be as low as con
sistent with the maintenance of a solvent fund and reasonable reserves and
surplus. Classes may also be made for the purpose of accounting and declara
tion of dividends but for the purpose of paying compensation the fund is a unit.
Separate accounts are to be kept for each group, and if a credit remains to
any group, the individual members thereof may receive as dividend such pro
portion of the balance as the amount of the earned premiums proportionately
entitled him to. This right extends to members who have withdrawn from
the group.]
S ec . 97. Accident prevention.—Groups for accident prevention. F or any
group established under the provisions o f section 96, m em bership in the group
o f an y employer otherw ise entitled to be adm itted thereto m a y be condi
tioned upon acceptance and maintenance of special rules as to accident pre
vention or medical care o f employees. Such lim itation o f m em bership in
the group m a y be established only upon proper evidence that a m a jo rity o f
the mem bers o f the group have approved such rules and only when such rules
have been approved by the com m issioner as sufficient to constitute a proper
b asis o f differentiation as to m embership in the group.
TEXT OF LAWS— NEW YORK
391
S e c s . 98, 99. Collection of premiums.— [Premiums for any policy period are
to be paid in advance based on the estimated expenditure of wages, with
adjustments at the end of the policy i>eriod. If employers are in default,
policies may he canceled after due notice, and the amount due collected by
civil action.]
S ec . 100. Withdrawal from fund.—Any employer may, upon complying with
subdivision 2 or 3 of secrion 50 of this chapter, withdraw from the fund by
turning in his insurance contract for cancellation: Provided, lie is not in
arrears for premiums due the fund and has given written notice of his inten
tion to withdraw not less than 80 days before the expiration of the period
tor which he has elecied to insure in the fund.
S ec. 101. Records—Every employer who is insured in the State insurance
fund shall keep a true and accurate record of the number of his employees and
the wages paid by him, and shall furnish, upon demand, a sworn statement
of the same. Such record shall be open to inspection at any time and as
often as may be necessary to verify the number of employees and the amount
of the pay roll. Any employer who shall fail to keep such record, or who
shall willfully falsify any such record, shall be guilty of a misdemeanor.
S ec . 102. Willful misrepresentation.—Any i>erson who willfully misrepresents
any fact in order to obtain insurance in the State insurance fund at less
than the proper rate for such insurance, or in order to obtain payment out
of such fund, shall be guilty of a misdemenaor.
S ec . 103. Inspections.—The commissioner shall have the right to inspect
the plants and establishments of employers insured in the State insurance
fund; aud the insi>ectors designated by the commissioner shall have free access
to such premises during regular working hours.
S ec . 101. Information confidential.— Inform ation acquired by the State fund
or its officers or employees, from employers or employees pursuant to this chap
ter shall not t>e opened to public inspection, and any officer or employee who,
without authority o f the commissioner or pursuant to his regulations, or as
otherw ise required by law , shall disclose the sam e shall be guilty o f a m is
demeanor.
S ec . 105. Reports.— [The commissioner is to make annual reports of the State
insurance fund to the superintendent of insurance of the State the same as is
required of other insurance carriers; the fund is also subject to examination
by the superintendent of insurance.]
S ec . 300. Advisory committee.— [An advisory committee of nine members
made up of employers or officers of employers insured in the State fund is to
be appointed by the governor for terms of three years, three members retiring
every year. Such committee is to meet at least quarterly and consider the
condition of the fund, its reserves, investments, and other matters relating to
its administration. It is to have access to all records and books of account
and may require the presence of officers and employees of the fund. Information
obtained is coniideiitial unless disclosed by order of the committee.]
A rticle G
S ections 110-312. Records; reports.— [Employers are required to keep a
record of all injuries received by their employees in tbe course of their employ
ment, reports thereof to be made to the commissioner in writing within 10 days
after the occurrence, stating the details that may be required by the commission.
Failure is a misdemeanor. Any information requested by the commission must
he supplied, and any employer or his agent or employee may be examined under
oath by the commissioner or other representative of the board deputized for
the purpose. Employees are required to till out blanks submitted or give good
and sufficient reasons for failure so to do, the answer to be verified under oath.
All books and records showing or indicating the wage expenditures of the
employers must always be open for inspection by the commissioner or his
auditors or inspectors.]
S ec . 113. Interstate commerce.—The provisions of this chapter shall apply
to employers and employees engaged in intrastate, and also interstate or for
eign commerce, for whom a rule of liability or method of compensation has
been or may l>e 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:
Provided, That awards according to the provisions of this chapter may be made
by the board in respect of injuries subject to the admiralty or other Federal
392
w o r k m e n 's c o m p en sa tio n la w s — UNITED s t a t e s
laws in case the claimant, the employer, and the insurance carrier waive their
admiralty or interstate commerce rights and remedies, and the State insurance
fund or other insurance carrier may assume liability for the payment, of such
awards under this chapter.
S ecs . 114-118, 110 (as amended 1926. ch. 257), 120-129. Miscellaneous provi
s io n s. — |Penalties are provided for false representations: limitations do not run
during minority or mental incompetency in the absence of a committee or
guardian; the sessions of the board are public, and the offices are to be oj>en
during all business hours; the board may adopt reasonable rules and regulations
for the administration of the act. Procedure and additional evidence are not
regulated by technical rules, but are to be in such manner as to ascertain the
substantial rights of the employees. Declarations of deceased employees are
to be received as evidence, and if corroborated by circumstances or other
evidence will be sufficient to establish the accident and injury. The issuing
of suhptenas. the payment of fees of witnesses (the same as in civil cases),
and the taking of depositions within or without the State are provided for.
In the case of dependent aliens residing abroad, transcripts of birth and
marriage certificates properly authenticated may be received in evidence.
The power and jurisdiction of the department over each case is continuing,
and it may from time to time* modify awards and orders as iu its opinion
appears just. Other provisions relate to the supplying of blanks, estimates
of cxpeuses, the construction of the statute and the repeal of prior legislation.]
ACTS OF 1921
C h apter
50 (chapter 31 of the Consolidated Laws).—Labor law
[This act provides for the continuance of a department of labor with an in
dustrial commissioner at its head, and an industrial board and industrial coun
cil. Chapter 345, acts of 1926, providing for the civil department of the State
Government, and Chapter 427, acts of 1926, relating to the department of labor,
effect no substantial change in titles or powers of these agencies, except that the
industrial hoard will consist of live members instead of three, when the acts
come into effcct, .January 1* 1927.
The sections of the act of 1921 that deal with the organization of the depart
ment and its administration of the compensation act are noted below.]
S ections 10-14, 17, 19, 21, 22, 24, 26. 27, 33, 35, 37, 38-41. Department of
labor: cotnpctisafion administration.— [The department of labor is continued
with an industrial commissioner at its head, appointed by the governor by
and with the consent of the senate for a term of four years. A deputy commis
sioner and an industrial board of five members are provided for. .The com
missioner may appoint as many referees as necessary to perform the duties of
holding hearings and conducting investigations as prescribed by the act. The
commissioner as administrative head of the department is charged with the
administration of the workmen’s compensation act, and may sit with the
industrial board in considering any matter except reviews under the provisions
of the workmen's compensation law.
The industrial board has power to hear and determine all claims for com
pensation under the workmen's compensation law.as therein provided, to require
medical services, to enter orders and in general to carry out and enforce the pro
visions of (lie act. Annual reports are required, the commissioner, a member of
the board, the deputy commissioner, referees and other officers may administer
oaths and compel the attendance of witnesses, the production of books, papers,
etc., and hold investigations or hearings and make inquiries, decisions rendered
thereon becoming the order of the department when approved and confirmed
by the commissioner or board and filed in its office. The commissioner and
5board are not bound by technical rules of evidence and are to conduct all
hearings according to procedure prescribed by them respectively.]
NORTH DAKOTA
ACTS OF 1911).
C hapter
162.—Compensation of workmen for injuries—State insurance fund
S ection 1. Remedy exclusive.—The State of North Dakota, exercising herein
its police and sovereign powers, hereby declares that the prosperity of the
State deiiends 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 provided regardless of ques
tions of fault and to the exclusion of every other remedy, proceeding, or com
pensation, except as otherwise provided in this act; and to that end all civil
actions and civil causes of action for such personal injuries and all juris
diction of the courts of the State over such causes are hereby abolished,
except as in this act provided.
S ec . 2 (as amended 1921, ch. 142; *1925, ch. 222). Definitions.—Whenever
used in this act, “ employment ” includes employment by the State and all politi
cal subdivisions thereof, and all public and quasi-public corporations therein,
and all private employments.
“ Hazardous employment " means any emi>ioyment in which one or more
employees are regularly employed in the same business, or in or about the
same establishment, except agriculture and domestic service, and except also
any employment of a common carrier by steam railroad.
“ Employee ” means every person engaged in a hazardous employment 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 l>oth
casual and not in the course of the trade, business, profession, or occupation
of his employer, and excluding also any executive officer of a business concern
who receives a salary of more than $2,400 per year.
"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 public-service corporations,
and the legal representative of any deceased employer, or the receiver or
trustee of a person, partnership, association, or corporation, carrying on a
hazardous employment.
“ Injury ” means only an injury arising in the course of employment,
including an injury caused by the willful act of a third person directed against
an employee because of his employment, but shall not include injuries caused
by the employee's willful intention to injure himself or to injure another.
The term “ injury “ includes in addition to an injury by accident, any disease
proximately caused by the employment. If the employer claims an exemption
or forfeiture under this secrion, 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 whieh the employee receives from
the emploj'er as a part of his remuneration.
t
“ Weekly wages ” shall be computed in such a manner as is best calculated
to give the average weekly earnings of the workman during the 12 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 12
months previous to the injury, were being earned by a person in the same
grade of employment 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
394
WOKKMKN *6 OOMPKJCsSATlON LAWS— UNITED STATES
work Hum formerly during the year and with a large regular wage, only such
larger wages shall he taken in consideration in computing his average weekly
wages.
••Child" includes step-children. adopted children, posthumous children, and
acknowledged illegitimate children but does not include married children unless
dependent. ••Brother” aud “ sister" include step-hrothers and step-sisters,
halli-brothers and half-sisters, and brothers and sisters by adoption, but do not
include married brothers nor married 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 18 years of age or over
that age and incapable of self-support. “ Parent” includes step-parents and
parents by adoption. “ Widow ” includes only decedent's wife living with or
dependent for support upon him at the time of his injury. ••Widower” in
cludes only the decedent’s husband dependent for support upon her at the time
of her injury.
Adopted ” and •*adoption *' includes only legal adoption prior
to the time of the injury.
Any term shall include the singular aud plural and both sexes where the
context so requires.
Sko. 3 (as amended 1021. ch. 141: 1925. ch. 223). Benefit*; medical, etc.. aid;
schedule.—On and after July 1. 1919. it shall be the duty of the workmen’s
compensation bureau hereinafter created to disburse compensation from the
North Dakota workmen's compensation fund to any employee subject to this
act for injury arising in the course of employment in accordance with the fol
lowing provisions:
A. Immediately after an injury sustained by an employee and during the
resulting ]>eriod of disability, the North Dakota workmen's compensation fund
shall furnish to such employee such medical, surgical and hospital service and
supplies as the nature of the injury may require.
B. During the first seven days of disability the employee shall not be entitled
to compensation except as provided in the preceding paragraph: Provided,
That if the period of disability exceeds seven days, compensation shall be paid
from the date of the injury.
C. It: the injury cause total disability, the North Dakota workmen's comi>ensation fund shall pay to the disabled employee during such disability a weekly
compensation equal to 00% per cent uf his weekly wages.
D. If the injury cause temimrary partial disability, the North Dakota
workmen's conqiensat ion fund shall pay to the disabled employee during such
disability a weekly compensation equal to 00% per cent of his loss in earning
capacity.
K. If the injury cause ]>ermanont partial disability, the percentage which
such disability bears to total disability, taking into consideration 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 00% per cent of his weekly wages for the following periods:
Weeks
5.2
For a 1 per cent disability__________________________________
For a 10 per cent disability________________________________ 52.0
For a 20 per cent disability________________________________ 104.0
For a 30 per cent disability__________________________________ 150.0
For a 40 per cent disability-------------------------------------------------- 208.0
For a 50 per cent disability_________________________________ 200.0
For a 00 per cent disability_________________________________ 312.0
For a. 70 per cent disability----------------------------------------------------364.0
For a SO per cent disability-------------------------------------------------- 410.0
For a 90 per cent disability-------------------------------------- ---- ------- 468.0
and the bureau shall immediately tix and file its schedule of sjieeilie benefits
to be allowed for specific- injuries; but such schedule shall not be changed more
than once iu each year. The bureau shall not decrease, but: may, in any case,
and for cause shown, increase such specific benefits.
F.
The weekly compensation for total disability shall not be more than
$20 nor less than $0. unless the employee's weekly wages are less than $6,
in which case his weekly compensation shall be Ihe actual amount of his
weekly wages. The weekly compensation for partial disability shall not be
more than $20. If the injured person was. at the time of the injury, a miuor
or employed in a learner's capacity, and was not physically or mentally de
TEXT OF LAWS— NORTH DAKOTA
395
fective, the bureau shall, from time to time, determine the probable increase
in weekly earning capacity of such person if such injury had not occurred,
and shall base its award for compensation upon such probable weekly wageearning capacity.
G.
If death results from an injury within six years, the North Dakota
workmen’s compensation fund shall pay to the following persons for the
periods specified a weekly compensation equal to the following percentages of
the deceased employee’s weekly wages: Provided, however, That no compensa
tion shall be paid where death takes place more than one year after the cessa
tion of disability resulting from the injury, or, if there has been 110 disability
preceding death, if death takes place more than one year after the injury.
(<i) To the widow, if there is no child, 35 per cent. Such 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.
(&) To the widower, if there is no child, 35 per cent if wholly dependent
for support upon the deceased employee at the time of her death. Such com
pensation shall t>e paid until his death or marriage.
(c‘) To the widow or widower, if there is a child, or children, the compensa
tion payable under clause (a) or (&), and in addition thereto 10 per cent for
each child, not exceeding however, a total of 66% per cent for the widow or
widower and the children. The compensation payable on account of any
child shall cease when such child dies, marries or reaches the age of 18*, or,
if over 18 and incapable of self-support, becomes capable of self-support.
id) To the children, if there is no widow or widower, 25 per cent for one
child and 10 per cent additional for each additional child, not exceeding, how
ever, a total of 66% per cent, the compensation hereunder not to be for specific
children but to be divided share aud share alike. Compensation for each child
shall be paid until such child dies, marries, or reaches the age of 18, or, if
over 18 and incapable of self-support, becomes capable of self-support. Com
pensation for 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,
25 per cent; if both are wholly dependent, 20 per cent to- each; if one or both
are partly dependent, a proportionate amount in the discretion of the bureau.
The foregoing percentages shall be paid only if there is no widow, widower, or
child. If there is a widow, widower, or child, there shall be paid only so much
of the foregoing percentages as, when added to the total of the percentages
payable to the widow, widower, and children, shall not exceed the total of 66%
per cent.
if) To the brothers, sisters, grandparents, and grandchildren, if one is
wholly dependent upon the deceased employee for support at the time of his
ddath, 20 per cent to such dependent; if more than one are wholly dependent,
30 per cent, divided among such dependents share and share alike; if none of
them are wholly dependent, but one or more are partly dependent, 10 per cent
divided among such dependents share and share alike. The foregoing per
centages shall be paid only if there is no widow, widower, child, or dependent
parent. If there is a widow, widower, child, or dependent parent, there shall
be paid only so much of the foregoing percentages as, when added to the total
percentages payable to the widow, widower, children, and dependent parents,
shall not exceed a total of 66% 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 of the employee, 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 18, or, if
over 18 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.
(h) Upon the cessation of compensation under this section to or on account
of any person, the compensation of the remaining persons entitled to compen
sation 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: Provided, however, That nothing herein contained shall be construed
1965°—26----- 26
396
WORKMEN 'S COMPENSATION LAWS— UNITED STATES
to increase the compensation of the children of a widow or widower upon his
or her remarriage.
(i)
In case there are two or more classes of persons entitled to compensation
under this section, and the apportionment of such compensation, hereinbefore
provided, would result in injustice, the bureau may, in its discretion, modify
the apportionment to meet the requirements of the case.
(;) If any person entitled to compensation under this section, whose com
pensation by the terms of this section ceases upon his marriage, accepts any
payments of compensation after bis marriage, he, or she shall be guilty of a mis
demeanor.
(k) In computing compensation in case of death, the weekly 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 o f
the deceased.
H. In case of death or of permanent total or if [of] permanent partial
disability, and if the bureau determines that it is for the best interest of the
beneficiary, the liability for compensation to such beneficiary may be dis
charged by the payment of a lump sum equal to the present value of all
future payments of compensation computed at 4 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 hap
pening 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 excuses not to exceed $150.
S kc. 4 (as amended special session 1919, ch. 73; 1921, ch. 145; 1925, ch.
220). Bureau created.— [A bureau known as the workmen’s compensation
bureau is established in the department of agriculture and labor consisting
of the commissioner of agriculture and labor, the State insurance commissioner,
and three compensation commissioners to be appointed by the governor and
to give their entire time to the duties of the bureau. Terms of office are live
years. One of the three appointees is to represent labor, one the public, and
one employers; these may be removed by the governor for cause.
The commissioner of agriculture is ex officio chairman; the appointed mem
bers receive salaries of $2,500 each per year. Provision is made for offices,
a seal, the employment of assistants and clerical help, and the meeting of
necessary expenses while traveling; also for expenditures to obtain statistical
and other information required for the enforcement of the act, the total for
all not to exceed in any one year the sum of $55,000. The bureau may make
its own rules; procedure is to be summary and simple without regard to the'
usual common-law or statutory rules of evidence; it may subpoena witnesses,
administer oaths, examine books and papers, and is to furnish necessary blanks.
A majority of the bureau constitutes a quorum, but neither employers nor
employees are to remain without a representative for more than 30 days
by reason of the death, resignation, or removal of their representative:
Investigations and decisions made by a member, when approved and confirmed
by a majority of the board are to be deemed as the act of the bureau. The
bureau is given full power and jurisdiction over every employment and place
of employment subject to the act as may be necessary to adequately enforce
and administer the safety regulations which are to be issued by it when
necessary. It is also charged with the duty of restoring to industry those
injured in the course of employment, cooperating to that end with the Federal
Board of Vocational Education.]
S ec . 5 (as amended 1921, ch. 143). Dutiest of employers.— [Employers are
required to furnish the bureau, on its request, with information needed by
it for the purposes of this act. Persons, corporations, etc., determined by the
bureau to be employers within the meaning of the act must, on notice, fur
nish a pay roll for the preceding 12 months and an estimated pay roll for
the 12 months next succeeding, filling out any blanks received from the
bureau or give in writing a good and sufficient reason for any failure so to
do. The bureau or any member may examine under oath any employer or his
XEXT OF LAWS— NORTH DAKOTA
397
officers or agents for tlic purpose of ascertaining the information required by
the act. Books and pay rolls are to be open to inspection and any willful
misrepresentation as to the pay roll entails a liability in ten times the amount
of the difference between the premium paid aud the amount which should
have been paid. The information obtained by these reports is for the exclu
sive use and information of the bureau and is not open to the public or avail*
able in court proceedings in which the bureau is a party; but the information
contained in the reports will be tabulated and published in statistical form
for general information.]
S ecs . 0, 7 (as amended 1923, ch. 347; 1925, ch. 221), 8 (as amended 1921,
ch. 144; 1923. ch. 349; 1925, ch. 220). Payments to State fund, classifications-—
[Employers subject to the act must contribute to the fund iu proportion to
their pay roll as determined by the classifications and rates fixed by the
bureau. Employers so contributing are relieved from all liability for personal
injuries or death sustained by the employees, claimants under the act having
recourse only to the fund aud not to the employer.
Classifications are to be made according to the degree of hazard and
premium rates fixed according to the payment of compensation and the main
tenance of adequate reserves and surplus. A system of merit rating within
any class may be established. Accurate accounts are directed and the appro
priation of 10 per cent of the reserves as a surplus, until it amounts to $30,000,
after which 5 per cent will be credited to the fund until in the judgment of
the bureau an adequate guarantee fund is formed. Annual payments based
on estimated wage expenditures are to l>e adjusted at the end of any premium
period according to the actual expenditure of wages for that period. The
concluding paragraph of section 7 reads as follows:]
Whenever a subsequent injury occurs to an employee who has been injured
previously in a different employment, the risk of the employer for whom such
injured person was working at the time of such subsequent injury shall be
charged only with the amount of the awards resulting from such subsequent
injury; and whenever such subsequent injury, in connection with a previous
injury, results in a permanent total disability, the compensation which is in
excess of the amount to which the injured employee would have been entitled
solely by the subsequent injury shall be charged to the surplus fund and not
to the classification or the risk to which the subsequent injury is charged.
[If premium payments exceed $100 per annum, the employer has the option
of paying the same in two or four installments with interest on deferred
payments at the rate of 5 per cent per annum. The time for each payment is
fixed, and if default occurs, penalties of 1 per cent for the first 15 days. 2
per cent for the next 15 days and 3 per cent for the next 30 days and for each
30 days thereafter, are prescribed, minimum amounts being also fixed at $3,
$5, and $10 for each case respectively. Collection is to be enforced by pro
ceedings brought by the attorney general; judgments being a prior lien over
all other judgments and liens except those now in existence, and cases arising
under this section have precedence over all other civil actions. Service on
nonresident employers may be made on any agent, representative, or firm
within the State. Garnishments and attachments may be availed of, with no
exemption but those that are absolute.]
S ec. 9. Effect of compliance.— [Employers complying with the provisions as
to premium payments are not liable in any section for injury or death of
employees except that in the case of minors unlawfully employed, both com
pensation and action at law may be availed of.]
Sec. 10 (as amcuded 1923, ch. 350). Payment of benefits— [The bureau
disburses to beneficiaries the amounts due from the fund, payments being in
lieu of any and all right of action against the employer: but compensation
will not be paid on account of injuries or death occurring outside the State
unless the employer and the bureau have previously contracted for insurance
protection for such extraterritorial employment. No employer may so contract
unless his principal plant and main or general office is located within the
State, and at least two-thirds of his entire pay roll is for work performed
within the State.]
S ec . 11 (as amended 1925, ch. 225). Noncomplying employers.— [Employers
subject to the act who fail to make the premium payments required are not en
titled to its benefits during the period of noncompliance but are liable in actions
for damages without the common-law defenses. Such employers are also sub
ject to the action prescribed for the recovery of premiums in default.
398
w o r k m e n 's c o m p e n s a t io n
LAWS'— UNITED s t a t e s
Employees of defaulting employers may, in lieu of bringing suit for in
juries against the employer, file application to the bureau for an award of
compensation, which shall thereupon hear and determine the application as
in other claims before the bureau; but the amount of recovery allowed,
together with reasonable costs and attorney's fees, must be paid by the
employer within 30 days after notice of the determination by the bureau. In
case of neglect, failure or refusal to pay, the amount constitutes a liquidated
claim for damages against the employer to be recovered in an action in the
name of the State for the benefit of the claimant, and no exemption except
absolute exemptions will be allowed against any levy under execution pur
suant to judgment in such action.]
S ec. 12. Voluntary contribution*.— [Employers carrying on employments
not classed as hazardous by the act may comply therewith and pay premiums
into the fund, thereby becoming relieved of liability for injuries or death of
their employees, if the injured employee has remained in their employment
with notice of the fact of such payment. Every employer paying premiums,
provided by this act. into the fund must post notices to that effect con
spicuously in his placc of employment.]
S ecs . 13. 14. Custody of fund; reinsurance.— [The State treasurer is cus
todian of ihe workmen's compensation fund, making payment on vouchors
authorized by the bureau. Separate bond is required. The bureau may rein
sure any risk or any part thereof and enter into agreements of reinsurance.]
S ecs . 15-18. Procedure.— [Claim by the claimant or some one in his behalf
must be made within 60 days after injury or death. Claims are to be on forms
furnished by the bureau, containing prescribed information and may bo de
livered at the office of the bureau or to a designated representative, or by
mail. Injured employees must as often as may be reasonably required sub
mit to medical examinations at the instance of the board. A physician em
ployed by the injured man may be present. Examinations after tho first
entitle the employee, in the discretion of the bureau, to reasonable traveling
and other expenses and loss of wages incurred. Refusal or obstruction of
examination suspends benefits for the period, and no compensation will be
paid for such time. If the bureau's physician and that of the employee dis
agree, an impartial physician shall be called in.
The bureau's power and authority to hear and determine all questions
within its jurisdiction is complete, but if the final action is a denial of all
benefits on grounds owing to the basis of claimant’s right, an appeal may be
taken to the district court for trial in the ordinary way. The bureau will
be represented by the State’s attorney of the county, and an award in the
claimant's favor will be paid as other awards against the compensation fund.
Costs, including a reasonable attorney's fee, are to be taxed against the unsuc
cessful party, and the right to prosecute error exists as in ordinary cases.
Where claims have been made within the time specified, the bureau may
at any time, on its own motion or on application, review an award and modify
it according to facts found, or if compensation has been refused or discon
tinued may award payments.1
Sec. 19. Report* of accidents.— [Employers must keep records of all injuries
received by employees in the course of their employment and report the same
within one week after their occurrence to the bureau on blanks to. be filled in
with the desired information.]
Sec. 20. Third party liability.— [If a third party is liable, the injured
employee or his dependents have the option of taking compensation or pro
ceeding at law against such third party. If compensation is awarded, the
fund is subrogated to the rights of the claimant, any excess recovery, less
expenses and costs of action, to go to the beneficiary.]
S ecs . 21. 22. Waivers; assignments.— [Any waiver of the employee of his
rights under this act is void, nor may any portion of the premium be deducted
from his wages. Assignments of claims are also void and all compensation is
exempt from action by creditors.]
Sec. 23. Misrepresentation.— [The making of false claims or affidavits is
punishable as for perjury.]
S ec. 24. Suits.— [The attorney general of the State, or the State’s attorney
of any county, must upon the request of the bureau, prosecute necessary
actions or proceedings for the purpose of enforcing the act or for the recovery
of moneys due or penalties assessed.]
TEXT OF. LAWS— NORTH DAKOTA
399
Sec. 25. Reports.— [Annual reports of the operations of the bureau are
to lw3 made to the governor and such information as to transactions as the
bureau may think useful is to be published and distributed among employers
and employees. )
Sec. 26. Construction.— [The unconstitutionality of any part does not aifect
other parts of the act.]
S ec. 27. [Repealed.]
Sec. 28. Act in effect.— [The act became effective on its approval, March
5, 1919, disbursements from the fund to begin July 1, 1919.]
OHIO
CONSTITUTION
A rticle
II.—Legislative—Compensation of workmen for injuries.
S ection 85 (as amended 1928). For the purpose of providing compensation to
workmen and their dependents, for death, injuries or occupational disease, occa
sioned in the course of such workmen’s employment, laws may be passed estab
lishing a State fund to be created by compulsory contribution thereto by em
ployers, and administered by the State, determining the terms and conditions
upon which payment shall be made therefrom. * * ♦ Such compensation
shall be in lieu of all other rights to compensation, or damages, for such death,
injuries, or occupational disease, and any employer who pays the premium or
compensation provided by law. passed in accordance herewith, shall not be lia
ble to respond in damages at common law or by statute for such death, injuries
or occupational disease. Laws may be passed establishing a board which may
l>e empowered to classify all occupations, according to their degree of hazard,
to lix rates of contribution to such fund according to such classification, and
to collect, administer and distribute such fund, and to determine all rights of
claimants thereto. Such board shall set aside as a separate fund such propor
tion of the contributions paid by employers as in its judgment may be neces
sary. not to exceed 1 i>er cent thereof in any year, and so as to equalize, in
so far as possible, the burden thereof, to be expended by such board in such
manner as may be provided by law for the investigation and prevention of
industrial accidents and diseases. Such board shall have full power and
authority to hear and determine whether or not an injury, disease or death
resulted because of the failure of the employer to comply with any specific
requirement for the protection of the lives, health, or safety of employees, en
acted by the general assembly or in the form of an order adopted by such
board, and its decision shall be final; and for the purpose of such investiga
tions and inquiries it may appoint referees. When it is found, upon hearing,
that an injury, disease, or death resulted because of such failure by the em
ployer, such amount as shall be found to be just, not greater than 50 nor less
than 15 per cent of the maximum award established by law, shall be added by
the board, to the amount of the compensation that may be awarded on account
of such injury, disease, or death, and paid in like manner as other awards;
and. if such compensation is paid from the State fund, the premium of such
employer shall be increased in such amount, covering such period of time as
may be fixed, as will recoup the State fund in the amount of such additional
award, notwithstanding any and all other provisions in this constitution.
GENERAL CODE
Industrial commission—Administration of workmen's insurance law
S ections 871-1 (as amended 1919, p. 95), 871-2, 871-8, 871-4 (as amended
1935, p. 26), 871-6, 871-8, 871-9 (as amended 1917. p. 157), 871-12 (as amended
1913, p. 656). Appointment and duties.— [An industrial commission composed
of three members is appointed by the governor with the advice and consent
of the senate. Terms are six years and not more than two of the members
may belong to the same political party. Not more than one shall represent em
ployers and not more than one employees. Members may be removed by the
governor at any time for inefficiency, neglect of duty or misconduct; they may
hold no position of trust or profit or engage in conflicting business. Salaries
are $4,000 each. An office is provided at Columbus where sessions are to be
continuous of which records must be kept. The commission has an official seal
and exercises all the duties of the State liability board of awards which it
supersedes.]
400
401
TJEXT OF LAWS— OHIO
Workmen'8 insurance—State liability board1
(P. 524, Acts of 1 0 1 1 ; amended, pp. 72 and 390, Acte of 19 13.)
S ections 1405-37,1465-41, 1465-44. Board created; powers.— rA State liability
board of awards (now superseded) was created to administer the act of 1911.
A majority of the board -constitutes a quorum for the transaction of business,
and one member may hold bearings, make investigations, inquiries, and deci
sions, which when approved and confirmed by a majority become the order of
the board. Sessions may be held at any place within the State. The board
has authority to adopt reasonable and proper rules for its proceedings, the
service of notices, forms of applications, methods of investigations, examina
tion, and insi>ectioii and to prescribe tbe time for making awards.]
Secs. 1465-45 (as amended 1919, p. 313), 1465-46. Reports by employer*.—
|Employers must, on request of the industrial commission, furnish all infor
mation required by it for the purposes of carrying out tlie act. Annual reports
must bo made by all employers of five or more employees regularly in the same
business, stating the number of employees during the year, the kinds of em
ployment and the aggregate wages paid. Blanks submitted must be correctly
filled or a sufficient reason given in writing for any failure so to do. Investi
gations may be made for the purposes of ascertaining information required to
be furnislud by employers under this act. Such information is exclusively for
the use of the commission, but may be published in statistical form for public
and official uses. Penalties are provided for divulging information obtained
by the commission.]
Sues. 1465-47 to 1465-49 (all as amended 1919, p. 31.3), 1465-50 (as amended
1917. i>. 157). 1465-51. 1465-52. Powers and duties of members.— [Each member
of the industrial commission and its designated employees have the power to
administer oaths, certify to official acts, take deposition, issue subpoenas, and
compel the attendance of witnesses, the production of books, papers, etc.
Refusal to comply with orders of the commission may be punished as for
contempt in proceedings by the probate judge of the county on application to
him. Few and mileage are to be paid as in civil cases in courts of common
pleas. Depositions may lie taken within or without the State, and a trans
cribed copy of the evidence and proceedings properly verified may be received
in evidence by the board. The board is to prepare and furnish blank forms
as may be deemed proper and advisable for use in administering the act.]
S ecs . 1465-53 (as amended 1919, p. 313), 1465-53a (added 1921, p. 181;
amended 1925. p. 218). 1465-54 (as amended 1917. p. 157; 1919, p. 313). Classes
and rate*.— [The commission is directed to classify occupations and industries
with respect to their degree of hazard and fix rates of premiums based on the
pay roll of each class so as to maintain an adequate fund for the compensation
provided in the act. Such rates are to be adequate also to maintain the State
occupational disease fund, from which 10 per cent of the payments must be set
aside for the creation of a surplus until $250,000 is accumulated, after which
not more than 5 per cent of the money paid into the occupational disease fund
shall be credited to the surplus fund: Rates for each class are to be the
lowest possible consistent with solvency and the maintenance of a reasonable
surplus. Accurate accounts of the premiums paid in each of the several classes
and losses on account of injuries and death must be kept, as well as receipts
and disbursements involving each individual employer. A surplus of $100,000
is to be accumulated by applying 10 per cent of the receipts thereto, after which
not more than 5 per cent will be credited to the surplus fund. The commis
sion has power to apply such form of rating system «‘is in its judgment is best
calculated to rate risks according to individual industrial accident experience
to encourage and stimulate accident prevention.]
Secs. 1465-55 (as amended 1919. p. 313), 1465-55a (added 1921, p. 590;
amended 1925. p. 218), 1465-56 (as amended 1917, p. 157; 1921, p. 181; 1925,
p. 218), 1465-57. 1465-58 (as amended 1921, p. 524; 1925. p. 218), 1465-58a
(added 1919. p. 277; amended 1921, p. 47), 1465-59. Administration and custody
of fund.— fThe commission is to adopt rules and regulations with resi>ect to
the collection, maintenance, and disbursements of the State insurance fund,
providing for the return of excess surplus accruing in aiiy case in the form
<f cash refunds or credit premiums; also for adjustments of estimated pre1 This board is superseded by the Industrial Commission of Ohio.
etc., at>ove.
See sections 8 7 1 -1 ,
402
WOBKMEs's COMPENSATION LAWS— UNITED STATES
niiums on the basis of actual pay roll for the period. An audit by the auditor
of State is authorized and directed covering the State insurance fund and the
fund for investigation and prevention of industrial accidents and diseases, to
be made at such time as he may deem necessary.
The treasurer of the Siate is custodian of the funds, giving separate bond
therefor, making payments therefrom of vouchers authorized by the industrial
commission; provision is made for deposits and investments in designated
securities.]
S ec . 1405-00 (as amended 1919, p. 313; 1923, p. 274). Employers.—The fol
lowing shall constitute employers subject to the provisions of this a ct:
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 three or more workmen or operatives regularly
in the same business, or in or about the same establishment under any contract
or hire, express, or implied, oral or written.
Sec. 1465-01 (as amended 1917, p. 157; 1919, p. 313; 1923, p. 274).
Employee*.—The terms •*employee/’ “ workman ” 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 lire 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 district therein: Provided, That nothing in this act shall
apply to police or firemen in cities where the injured policemen or firemen are
eligible to participate 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 service of any person, firm, or private corporation, in
cluding any public-service corporation, employing three or more workmen or
operatives regularly in the same business, or in or about the same establish
ment 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 trade, business, profession, or occupa
tion of his employer.
3. Every person in the service of any independent contractor or subcon
tractor who has failed to pay into the State insurance fund the amount of pre
mium determined and fixed by the industrial commission of Ohio for his em
ployment or occupation, or to elect to pay compensation direct to his injured
and to the dependents of his killed employees, as provided in sections 1465-69,
General ('ode, shall be considered as the employee of the person who has
entered into a contract, whether written or verbal, with such independent con
tractor unless such employees, or their legal representatives or beneficiaries
elect, after injury or death, to regard such independent contractor as the
employer.
S ecs . 1465-62. 1465-63 (as amended 1919, p. 555; 1923, p. 264; 1925, p. 507),
1465-64 to 1465-67. Public employees.— [Employers designated in subsection 1
of section 1465-60 must contribute to the State insurance fund proportionately
to the pay roll of employees as is designated in subsection 1 of section 1465-61.
Premium rates are prescribed by the act for the different classes of employers
and adjustments between funds are provided for. The industrial commission
must inform the general assembly on the first day of each regular session as to
ihe estimated amount of money required to be contributed by the State for the
two years next ensuing as its proper portion of the insurance fund. Lists are
to be made up showing expenditures of cities, counties, townships, school dis
tricts, etc., with provision for making payments to injured employees and the
dependents of those killed. Separate accounts are to be maintained of the
money paid into the State fund by the State and its political subdivisions and
the disbursements made therefrom.]
S ec. 1465-68 (as amended 1925, p. 218). Payments from funds.—Every em
ployee mentioned in section 1465-61, who is injured, and the dependents of such
as are killed in the course of employment, wheresoever such injury has oc
curred, provided the same was not purposely self-inflicted, on or after January
1, 1914, 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 the case
of other injured or killed employees, and shall be entitled to receive such medi
■TEXT OF LAWS— OHIO
403
cal, nurse, and hospital services and medicines, and such amount of funeral
expenses as are payable in the case of other injured or killed employees.
Every employee mentioned in section 1465-61, who is injured, and the de
pendents *f 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 em
ployer as provided in section 1465-69, or from the State insurance fund, 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 fu
neral expenses in case of death as is provided by sections 1465-79 to 14(55- 87
inclusive.
Any member of a partnership. Arm. or association composed of two or more
individuals, who is paid a fixed compensation for services rendered to such
partnership. Arm, or association, 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, shall be paid such compensation and
benefits as are provided in case of other injured, diseased, or killed employees
by this act. provided such partnership, firm, or association includes in the i>ay
roll furnished by it to the industrial commission the compensation of such
member and pays the premium based thereon.
S ec. 1465-68a (added 1921. p. 181). Occupational disease*.—Every employee
who is disabled because of the contraction of an occupational disease as herein
defined, or the dependents of an employee whose death is caused by an occu
pational disease as herein defined, shall, on and after July 1. 1921. be entitled
to the compensation provided by sections 1465-78 to 1465-82. inclusive, and
section 1465-89 of the General ('ode. subject to the modifications hereinafter
mentioned: Provided. That no person shall be entitled to such compensation
unless for 90 days next preceding the filing of a claim for compensation
the employee has been a resident of the State of Ohio, or for 90 days next
preceding the filing of a claim for comi>eusation has been employed by an em
ployer required by the workmen's compensation law of Ohio to contribute to
the occupational disease fund of Ohio for the benefit of such employee, or to
compensate such employee directly under the provisions of section 1465-69 of
the General Code.
The following diseases shall be considered occupational diseases and com
pensable as such, when contracted by an employee in the course of his employ
ment in which such employee was engaged at any time within 12 months
previous to the date of his disablement and due to the nature of any process de
scribed herein:
DESCRIPTION OF DISEASE OB IN JU R Y
1. Anthrax.
2. Glanders.
3. Lead poisoning.
4. Mercury poisoning.
5. Phosphorus poisoning.
6. Arsenic poisoning.
7. Poisoning by benzol or by nitro
and amidoderivatives of benzol (dinitro-benzol, anilin and
others).
S. Poisoning by gasoline, benzine,
naphtha, or other volatile petroleum products.
DESCRIPTION OF PROCESS
Handling of wool, hair bristles, hides
and skins.
Care of any equine animal suffering
from glanders; handling carcass of
such animal.
Any industrial process involving the
use of lead or its preparation or
compounds.
Any industrial process involving the
use of mercury or its preparations
or compounds.
Any industrial process involving the
use of phosphorus or its prepara
tio n or compounds.
Any industrial process involving the
use of arsenic or its preparations or
compounds.
Any industrial process involving the
use of benzol or a nitro—or amido
—derivative of benzol or its preparations or compounds.
Any industrial process involving the
use of gasoline, benzine, naphtha,
or other volatile petroleum prod
ucts.
404
w o r k m e n 's COMPENSATION LAWS— UNITED STATES
DESCRIPTION' OF I) f KB ASH OR IN JU R Y — COII.
DESCRIPTION OF PROCESS— COH.
9. Poisoning by carbon bisulphide.
Any industrial process Involving the
use of carbon bisulphide or its prep
arations or compounds.
Any industrial process involving the
use of wood alcohol or its prepara
tions.
Any industrial process involving rlie
handling or use of oils, cutting
compounds or lubricants, or involv
ing contact with dust, liijmtlH,
fumes, gases or vapors.
Handling or industrial use of carbon,
pitch or tarry compounds.
10. Poisoning by wood alcohol.
1J. lufoction or inflammation of the
skin on contact surfaces due to
oils, cutting compounds or lu
bricants. dust, liquids, fumes,
gases or vapors.
12. Epithelioma cancer or ulceration
of the skin or of the corneal
surface of the eye due to car
bon. pitch, tar or tarry com
pounds.
13. Compressed air illness.
14. Carbon dioxide poisoning.
15. Brass or zinc poisoning.
Any industrial process carried oil in
compressed air.
Any process involving the evolution
or resulting in the escape of car
bon dioxide.
Any process involving the manufac
ture, founding, or refining of brass
or the melting or smelting of zinc.
S e c . 14Cr>-<38b (added 1921. p. 181). Rights of employee*.— [Employees men
tioned iu the next preceding section and dependents of such employees and em
p lo y e rs of the same are entitled to all tlie l ights and subjec t to all the liabilities
and penaities provided for by the act with the exception of 1463-90, which is
not to apply to cases of an occupational disease, subject also to such other modi
fications or exemptions as are hereafter provided. The commission administers
the occupatioiml-disease fund with the same power and uuthority as the State
insurance* fund for compensation for injured employees.]
S k c . 1405 08c (added 1921, p. 181). Restriction*.—Xo compensation shall be
awarded on account of disability or death from disease suffered by an employee
who, at the time of entering into the emplo>ment from which the disease is
claimed to have resulted, shall have willfully and falsely represented himself as
not: having previously suffered from such disease. Compensation shall not be
awarded on account of both injury and disease, except when the disability is
caused by such disease and an injury, in which event the commission may ap
portion the payment of compensation provided for in sections 1465 -79 to 1465-82,
General Code, inclusive, between the funds as in their judgment seems just and
proper. If au employee is suffering from both occupational disease and an in
jury, and the industrial commission of Ohio can determine which is causing his
disability, it shall pay compensation therefor from the proper fund.
< 1ompensation for loss sustained on account of occupational disease by an
employee mentioned in subdivision 1 of section 1405-61, General Code, or the
dependents of such employee, shall be paid from the fund provided for in sec
tions 1465-62 to 1465 -67, General Code, inclusive.
Compensation for loss sustained on account of such disease by an employee
mentioned in subdivision 2 of section 1405-01. General Code, or the dependents
of such employee, shall be paid from the occupational disease fund or by the
employer of such employee, iu case such employer has elected to pay such com
pensation directly to his employees.
S k c . 1465-69 (as amended 1917, p. 157; 1919. p. 313; 1921, p. 491). Private
enti'foycrs.—Except as hereinafter provided, every employer mentioned in sub
division 2 of section .1465-60, General Code, shall, in the month of January.
1914. and semiannually thereafter, pay into the State insurance fund the amount
of premium determined and fixed by the industrial commission of Ohio for tbo
employment or occupation of such employer the amount of which premiums to
be so paid by each such employer to be determined by the classifications, rule*
and rates made and published by said commission; and such employer shaM
semiannually thereafter pay such further sum of money into the state insurance'
fund as may be ascertained to l>e due from him by applyiug the rules of said
commission, and a receipt or certificate certifying that such payment has been
TEXT OF LAWS— OHIO
405
made shall immediately he mailed to such employer 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 the State insurance fund prior
to January 1, 1914. or who may first become subscribers to said fund in any
other months than January or July, the foregoing provisions for the payment
of such premiums iu 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 for which
payments into the fund have been made by them: And provided further, That
such employers who will abide by the rules of the industrial commission of
Ohio and as may be of sufficient financial ability to render certain the payment
of comi>ensatiou to injured employees or the dependents of killed employees,
and the furnishing of mcdical, surgical, nursing, and hospital attention and ser
vices and medicines, and funeral expenses equal to or greater than is provided
for iu sections 1405-78 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 si finding of such fact by the industrial com
mission of Ohio, elect to pay individually such compensation, and furnish such
medical, surgical, nursing, and hospital services and attention and funeral ex
penses 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 employers as it may deem proper, adequate, and sufficient to compel, or
secure to such injured employees, or to the dependents of such employees as may
be killed, the payment of the compensation and expeuses 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 contribute to said fund, except when an em
ployee of such employer, who has suffered tlie loss of a hand. arm. food, leg, or
eye. prior to the injury for which compensation is to be paid, and thereafter
suffers the loss of any other of said nieml^rs as the result of ait injury sus
tained 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 subse
quent injury, additional compensation, if any. to be paid by the industrial com
mission of Ohio, out of the surplus created by section 1405-54 of the General
Code. Should municipal or other bonds be accepted by said commission as
security for said payments, 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 possession 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 commis
sion jis to the mode and manner of his disposition of the same; and said com
mission shall make and publish rules and regulations 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 applica
tion, one of which rules shall provide that all employers, electing directly to
compensate their injured and the dependents of their killed employees as here
inbefore provided, shall pay into the State insurance fund such amount or
amounts as are required to be credited to the surplus 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, or revoke the right of
such employer to pay compensation direct, if in its judgment such action is
necessary or desirable to secure or assure a strict compliance with all of the
provisions of the law in reference to the payment of compensation and the fur
nishing of medical, nurse, and hospital services, and medicines and funeral ex
penses to injured and dependents of killed employees.
S ec. 1465-69a (added 1919. p. 1145). Duty of member* of firtna, etc.— [Every
member of the firm and general officers of private corporations, including public
service corporations, mentioned in section 1465-60. must cause the firms ana cor
porations which they represent to comply with the provisions of section 1405-69.
Every day’s refusal by such person after notice will be deemed a separate
offense punishable by fine, or not more than $500 and costs of prosecuting. 1
S ec. 1465-69a |.1465-69b| (added 1921, p. 1S1). Paymenth to occnpatiaml
disease fund.— [Private employers under the act must pay into the occupational
disease fund such amounts as the industrial commission may fix as premiums
406
WORKMEN ’ g COMPENSATION LAWS— UNITED STATES
according to classifications, rules, and rates for the occupation or employment
of such employer. Semiannual payments are provided for. Self-insurance is
permitted in respect of occupational diseases as for accidents, hut they must
contribute to the surplus of the occupational disease fund as provided in sec
tion 14(j5~53n.]
Skc. 34(55-70. Exemption from suits.— [Employers complying with provisions
as to securiug payments are exempt from liability and damages at common-law
or by statute, save as hereafter provided in case of injuries to the employees.]
S ec . 1405-71 (as amended, 1925. p. 218). Small employers.— (Employers of
less than three workmen or operatives who pay into the State insurance fund
premiums provided by the act are entitled to its benefits, being exempt from
actiosis and suits for damages if their workmen remain in service with notice
that the employer has paid such premiums. Any employer of one or more
workmen or servants not employees within the classification defined in sections
11()?M>() and 1465-61 may likewise insure in the State fund with similar effect.]
Sec. 1465-73a (added 1925, p. 218). Notice of compliance.— IEmployers under
the act. whether insuring in the State fund or self-insurers, must post con
spicuously in their places of employment notices to that effect. The com
mission is to prepare semiannually a list of all employers who have complied
with the workmen's compensation law. classified by counties, such list to be
offered with a request for its gratuitous publication in the newspapers in the
county seat of each county.]
Sec. 14fi5"72. Disbursements to employees.—The state liability board of
awards shall disburse the 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, whereso
ever such injuries have occurred, and which have not been purposely self-in
flicted. or to their dependents in case death has ensued. All employers electing
diiectly to compensate thefr injured employees, in compliance with this act,
shall pay t<* such injured employees, or to the dependents of employees who
have l>een killed in the course of their employment, unless such injury or
deiirh of such employee has been purposely self-inflicted, the compensation,
and shall furnish such medical, surgical, nurse and hospital care and atten
tion »>r funeral expenses as would have been paid and furnished by virtue of
this act under a similar state of facts, by the state liability board 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 pro
vide for oi* authorize the payment 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 l>e killed, such employer shall be required to pay to such employees, tw 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 his said rules and regulations.
And such payment or payments to such injured employees, or to their de
pendents in case death has ensued, shall be in lieu of any and all rights of ac
tion whatsoever against the employer of such injured or killed employees.
S kc . 1465-72a (added 1919, p. 313). Limitation.—In all cases of injury or
death, claims for compensation shall be forever barred, unless, within two
years after the injury or death, application shall have been made to the in
dustrial commission of Ohio or to the employer in the event such employer
has elected to pay compensation direct.
Smc. 1465-721) (added 1921, p. 181; amended 1925, p. 218). Same.—In all
cases of occupational disease, or death resulting from occupational disease,
claims for compensation shall be forever barred, unless, within four months
after the disability due to the disease began, application shall be made to the
industrial commission of Ohio, or to the employer in the event such employer
has elected to pay compensation direct, except in such cases as are provided
for in section 1465-82, subdivision 4, General Code.
Secs. 1465-73, 1465-74 (as amended 1925, p. 218). Failure of employers to
secure payfnents.— [Employers named in subdivision 2 of section 1465-60 who
fail to comply with the provisions of section 1465-69 are not entitled to the
benefits of the act during the period of their noncompliance, but are liable in
actions for damages by injured employees or their dependents, the common-law
defenses being abrogated. In lieu of proceeding in a suit for damages, an
TKXT OF TAWS— OHIO
407
employee suffering from injury or occupational disease, or his dependents in
ease of his death, may file an application with the commission for compensa
tion to be heard and determined as other claims. Employers are obligated to
pay the award or furnish a bond in such amount as the commission may re
quire to secure its payments. On failure to comply with these requirements
the award constitutes a liquidated claim for damages on which the attorney
general shall forthwith institute a civil action for collection. Prompt procedure
t*.nd early determination are provided for. Likewise proceedings may be in
stituted against self-insurers who have failed to make the payments of com
pensation or medical, etc., aid provided by the law. The payments of any
judgment recovered as herein provided entitle the claimant to the compensa
tion provided by the act. The attorney general is to report his efforts to recoup
the State fund as herein provided, and if he certifies that such award can not
l>e collected, the whole award shall be paid from the surplus created by sec
tion 1465-54 and any sum recovered on account of such award shall be credited
to such fuud as the commission may designate.]
Sec. 1465-75 (as amended 1019. p. 1145: 1925. p. 218). Payment of premivmft; default.— fTf the industrial commission finds that any employer is or
lists been at any time after January 1. 1923. an employer as named in sub
division 2 of section 1465-4H). it shall determine the amount of premium pay
able by it or him for the period covered by such findings, and an estimated
premium for the succeeding six months if the employer is subject to the act
at the time of such determination, if the employer fails or refuses to furnish
the pay roll required and pay the premium, or to become a self insurer, within
10 (lays after receiving notice, the commission will determine the amouut of
premium involved and order the same to bo paid. If not paid within 10 days,
civil action will be instituted by the attorney general, and unless bond is
issued to secure payment if judgment is rendered against him. the commission
shall appoint a receiver for the property and business of the employer in the
State to take charge thereof and administer it under the orders of the court.
Employers who have complied with the act. but who default in payments to
the insurance fund for 10 days are subject to the same proceedings. The
judgment shall not be a bar to the adjustment of the premiums provided for
in section 1465-55. Defaults of less than 60 days' duration may be waived
for good cause shown, and upon the payment of the premium for the period
the employer and his employees will be entitled to the benefits and immunities
provided by the act.
Payments of premiums for the period found by the commission entitles
employees to benefits provided by the act. but claims arising during such period
shall be determined as if filed against a noncomplying employer, and shall be
paid from the State fund, the employer to indemnify it for such payments,
for which bond may be required. The efforts of the attorney general to recoup
the fund, and payments of compensation from the surplus are provided as in
the case of noncomplying employers.]
S ec . 1465-76. Willful injuries.—But where a personal injury is suffered by
an employee, or where death results to an employee from i>ersonal 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 authorized directly to compensate such employee or dependents
by virtue of compliance with section 22 [section 1465-69, General Code] of
this act, and in case such injury has arisen from the willful act of such em
ployer, 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 law
ful. requirement 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 representative in case
death results from the injury, may, at his option, either claim compensation
under this act or institute proceedings in the courts for his damage on account
of such injury; and such employer shall not be liable for any injury to any
employee or his legal representative in case death results, except as provided
in ibis section; and in all actions authorized by this section, the defendant
shall IMi entitled to plead the defense of contributory negligence and the defense
of 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 plaintiffs
attorney or. attorneys, any contract to the contrary notwithstanding.
408
WORKMEN'S COMPENSATION LAWS— UNITED STATES
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 22 [1465-60] of this act. directly to pay such comi&nsation,
waives his right to exercise his option to institute proceedings in any court, ex
cept as provided in section 43 hereof. [Section 1465-90, General Code.] Every
employee, or his legal representative 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 section 22 hereof, as provided in this act.
The term “ willful aet,‘? as employed in this section, shall be construed to
mean an act done knowingly and purposely with the direct object of injuring
another.
S ec. 1465-77. Judgments.—All judgments obtained in any action prosecuted
by the board or by the Slate 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.
Sue. 1465-78. Waiting time.—No compensation shall be allowed for the 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.
Sko. 1465-79 (as amended 1919, p. 313; 1923, p. 224). Temporary total dis
ability.—In case of temporary disability, the employee shall receive 66% per
cent of his average weekly wages so long as such disability is total, not to
exceed a maximum of $18.75 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 full wages; but in no case
to continue for more than six years from the date of the injury, nor to exceed
$3,750.
Six. 1465-80 (as amended 1919, p. 313: 1921, p. 291; 1923, p. 224). Partial dis
ability.—In case of injury resulting in partial disability, the employee shall
receive 66% per cent of the impairment of his earning capacity during the
continuance thereof, not to exceed a maximum of $18.75 per week, nor a greater
sum in the aggregate than $3,750, 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 compensation so paid for such injury shall be as specified
herein, and shall be in addition to the compensation allowed to the claimant
for the period of temporary total disability resulting from such injury, to w it:
For the loss of a thumb, ($6% per cent of the average weekly wages during
60 weeks.
For the loss of a first finger, commonly called index finger, 66% per cent of
the average weekly wages during 35 weeks.
For the loss of a second fiuger, 66% 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 considered
to be equal to the loss of one-half of such thumb; the loss of more than one half
of such thumb shall be considered to be equal to the loss of the whole thumb.
The loss of the third, or 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 phalanges of any finger shall
be considered to be equal to the loss of the whole finger: Provided, ho irever,
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 corresponding
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 use
less. the same number of weeks apply to such members or parts thereof as
given above.
TEXT OF LAWS— OHIO
409
For the loss of a bund. 66% per cent of the average weekly wages daring
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.
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, 66% 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. 66% per cent of the average weekly wages during
100 weeks.
For the permanent partial loss of sight of an eye, 66% per cent of the average
weekly wages for such portion of 100 weeks as the commission 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.
In case an injury results in serious facial or head disfigurement which im
pairs the opportunities to secure or retain employment, the Industrial Commis
sion of Ohio may, in its discretion, make such award of compensation as it may
deem proper and equitable, in view of the nature of the disfigurement and not
to exceed the sum of $3,750.
The amounts specified in this clause are all subject to the limitation as to the
maximum weekly amount payable as hereinbefore specified in this section.
Sec. 1465-81 (as amended 1921, p. 291; 3923, p. 224). Permanent total dis
ability.—In cases of permanent total disability, the award shall be 66% 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 $18.75 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 dis
ability, to be compensated according to the provisions of this section.
Sec. 1465-82 (as amended 1917, p. 450; 1919, p. 313; 1921, p. 291; 1923, p.
224). Death.—In case tlie injury causes death within the period of two years,
the benefits shall be in the amount 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 42 hereof. ( Sec. 1465-89,
General Code.)
2. If there are wholly dependent persons at the time of the death, the pay
ment shall be 66% per cent of the average weekly wages, not to exceed $18.75
per week in any case, and to continue for the remainder of the period between
the date of (he death and eight years after the date of the injury, and not to
amount to more than a maximum of $6,500, nor less than a minimum of $2,000.
3. If there are partly dependent persons at the time of the death the pay
ment shall be 66% per cent of the average weekly wages, not to exceed $18.75
per week in any case, and to continue for all or such portion of the period of
eight years after the date of the injury, as the commission in each case may
determine, and not to amount to more than a maximum of $6,500.
4. In cases in which compensation or disability 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 the same had occurred within the two years hereinbefore provided,
deducting from the final award therefor the total amount theretofore paid on
account of total or partial disability on account of such injury.
5. The following persons shall be presumed to be wholly dependent for sup
port 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 16 years (or over said age if
physically or mentally incapacitated from earning) upon the parent with whom
410
WORKMEN’s COMPENSATION LAWS— UNITED STATES
be is living at the time of the death of such parent, or for whose maintenance
such parent was legally liable at the time of his death.
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 de
ceased 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 posthumous child, and a child legally adopted prior to the
injury.
Sec. 1465-83 (as amended 1919, p. 31.3). Dependents.—The benefits in case
of death shall be paid to such one or more of the dependents of the- decedent,
for the benefit of all the dependents as may be determined 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 dependents or person 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 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
iniuor 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.
In all cases of death from causes other than the injury for which award
had theretofore been made on account of temporary, or permanent partial, or
total disability, in which there remains an unpaid balance, representing pay
ments 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 depend
ents 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 ec. 14(>;>-84. Basis for computing benefits.—The average weekly wage of the
injured person at the time of the injury shall be taken as the l>asis upon which
to compute the benefits.
Sec. 1405-85. Young employees.—If it is established that the injured em
ployee was of such age and experience when injured as that under natural con
ditions his wages would be expected to increase, the fact may be considered in
arriving at his average weekly wage.
Sec. 1465-86. Jurisdiction continuing.—The powers and jurisdiction of the
board 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 with re
spect thereto as in its opinion may be justified.
Sec. 1465-87. (as amended 19.17, p. 157). Lump sums.—The commission, un
der special circumstances, and when the same is deemed advisable, may com
mute payment of compensation or benefits to one or more lump-sum payments.
Sec. 1465-88 (as amended 1025, p. 218). Exemptions.— [Payments shall be
made only to employees and their dependents, and are exempt from all claims
of creditors and from any attachment or execution. They are likewise a pre
ferred claim in bankruptcy assignments, taking precedence over all other
claims except taxes and the cost of administration.]
Sec. 1465-89 (as amended 1917, p. 528). Medical, etc., expenses.— [Medical,
nurse, and hospital services are to be provided in addition to compensation up
to $200, except in unusual cases where the actual costs are clearly shown to
exceed that amount, when the commission shall have authority to pay such
additional amounts as the satisfactory finding of facts warrants. Funeral
expenses not to exceed $150 are also to be allowed.]
S ec. 1465-89a (added 1925, p. 218). Bureau of prevention.—The Industrial
Commission of Ohio having, by virtue of the provisions of section 35 of article
11 of the constitution of Ohio, the expenditure of the fund therein created
for the investigation and prevention of industrial accidents and diseases, shall,
in the exercise of such authority and in the performance of such duty, employ
a superintendent and such experts, engineers, investigators, clerks, and stenog
raphers as. in its opinion, may be deemed necessary and proper for the effi
cient operation of a bureau for the prevention of industrial accidents and
TEXT
01?
LAWS— OHIO
411
diseases, hereby created, and, subject to the approval of the governor, fix the
schedule of compensation for such employees.
The commission shall set aside such portion of the contributions paid by
employers, not to exceed 1 per cent thereof in any year, as in its judgment may
be necessary for the payment of tlie salaries of such superintendent and the
compensation of the other employees of such bureau, and the expenses of such
investigations and researches for the prevention of industrial accidents and
diseases as the commission shall deem proper. The superintendent, under the
direction of the commission, shall conduct investigations and researches for
the prevention of industrial accidents and diseases, and shall, from time to
time, print and distribute such information as may be of benefit to employers
and employees. The salary of (he superintendent and the compensation of
the other employees of such bureau, the expenses necessary or incidental to
such investigations and researches for the prevention of industrial accidents
and diseases, and the cost of printing and distributing such information, shall
be paid by the commission from such prevention fund.
The superintendent, under the direction of the commission, shall prepare an
annual report, addressed to the governor, of the expenditure of such fund, the
purposes for which such expenditures have been made, and the results of
»uch investigations and researches.
The superintendent of the bureau for the prevention of industrial accidents
and diseases shall be a competent person with at least five years* experience
in industrial accident or disease prevention work. Such superintendent and
experts and technical assistants in such bureau, who are designated as such by
the industrial commission at the time of their employment, shall be in the
unclassified civil service of the Stale, and shall hold office during the pleasure
of the commission.
The powers and duties herein devolved and imposed upon the industrial com
mission shall be exercised independently and without regard to the department
of industrial relations.
Secs . 1465-90 (as amended 1917, p. 157; 1919, p. 313; 1921, p. 291; 1925, p. 218),
1465-91 (as amended 1921, p. 181), 1465-92, 1465-93 (as amended 1919, p. 313),
1465-94 (as amended 1919, p. 313), 1465-95 (as amended 1919, p. 313; 1925, p.
218), 1465-96. 1465-97. Procedure.— [The commission has full power and
authority to hear and determine all questions within its jurisdiction, includ
ing extent of disability and amount, of compensation, such decisions to be final.
If a claim is denied as outside the jurisdiction of the commission, the claim
ant may file an application for a rehearing, whereupon the prior finding will
be vacated and the case newly heard. If the claim is again rejected, the
claimant may file a petition in the common pleas court, where proceedings
will be according to the rules of civil procedure. The court shall certify its
findings and the commission shall comply therewith. Costs are to be taxed
against the unsuccessful party, but an attorney's fee shall not exceed 20 per
cent of any award up to the sum of $500 and 10 per cent of the amounts in
excess thereof, in no case not more than $500 in all. Either party may
prosecute error as in ordinary civil cases.
•
The commission is not bound by technical rules of evidence, or forms of
procedure other than as herein provided but may proceed so as to ascertain
the substantial rights of the parties and carry out justly the spirit of the
act; but no compensation shall be paid on account of occupational diseases,
the existence of which is denied, unless a medical advisor, appointed by the
commission, has made an examination of the case.
In actions for damages no provision of the act relating to the amount of
compensation may be considered by or called to the attention of the jury.
Minors are competent to act in their own rights, and no other person shall have
any cause of action or right to compensation for injury to a minor workman;
but payments of lump sums to minors may be made only to a legally appointed
guardian.
* Agreements by employees to waive their rights are void, except that a blind
workman may waive compensation that may become due for injury or dis
ability directly caused by or due to his blindness. Agreements by which em
ployees pay any part of the insurance premiums are void.
Employees claiming compensation may be required by the commission to
submit to medical examination at times and places reasonably convenient to
the employee. The workman is entitled to actual and necessary expenses on
1965°— 26------ 27
412
W O RK M EN 'S COMPENSATION LAWS— UNITED STATES
account of attendance for such examination if outside tlie place of residence
of the claimant. Expenses of treatment away from home may likewise be
authorized under extraordinary circumstances, if the commission unanimously
approves, Refusal to submit to examination suspends right to consider com
pensation during the period of such refusal or obstruction.
All books, records, aud pay rolls of employers showing or indicating the
amount of wage expenditure must always be open for inspection by the com
mission. Employers misrepresenting their pay roll are liable in ten times the
amount of the difference in premiums paid and what should have been paid,
the liability to be enforced in a civil action in the name of the State.]
S ec . 1465-98. Railway, etc., employees.—The provisions of this act shall apply
to employers and their employees engaged in intrastate aud 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 State liability board of awards,
and so far as not forbidden by any act of Congress, voluntarily accept the
provisions of this act. by filing written acceptances, which, wheu filed with and
approved b.v 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 pro
vided have been paid. Payment of premium shall be on the basis of the pay
roll of the workmen who accept as aforesaid.
Skc. 1465-99. Reports of accidents.— j Employers must keep a record of all
injuries to employees and report the same to the commission within a week after
the occurrence of an accident, stating the facts as to the nature, cost, etc.]
S ec . 1405-99a (added 1921, p. .181). Reports of occupational diseases.—Every
physician in this State attending on or called in to visit a patient whom he
believes to Ik> suffering from an occupational disease as defined in this act shall,
within 48 hours from the time of making such diagnosis, send to the industrial
Commission of Ohio a report stating ( a) name, address, and occupation of pa
tient: ( b) name and address of business in which employed; (c) nature of
disease: (d) name and address of employer of patient; (e) such other infor
mation as may be reasonably required by the Industrial Commission of Ohio..
The reports herein required shall be made on blanks to be furnished by the
Industrial Commission of Ohio. The mailing of the report within the time
stated in a stamped envelope addressed to the office of the Industrial Commis
sion of Ohio shall be a compliance with this section.
Reports made under this section shall not be evidence of the facts therein
stated iu any action arising out of a disease therein reported.
It shall be the duty of the Industrial Commission of Ohio within 24 hours
after the receipt of such report to send a copy thereof to the employer of the
patient named in the report.
Whoever, being a physician practicing in the State of Ohio, neglects or
refuses to make and transmit to the Industrial Commission of Ohio the report
provided for in this section shall be fined not to exceed $100 or imprisoned far
not to exceed 90 days, or both, but no person shall be imprisoned under this
section for a first offense, and the prosecution shall always be as and for a
first offense unless the affidavit upon which the prosecution is instituted con
tains the allegation that the offense is a second or a repeated offense. The
Industrial Commission of Ohio is directed to enforce the penal provisions of this
section.
Skc. 1465-100. Enforcement.— [The attorney general or the prosecuting attor
ney of any county must institute proceedings for the enforcement, of the act on
the request of the commission, as also for the collection of money due the fund
or any penalty.]
Sim.*. 1465-101 (as amended 1917, p. 6). What agreements void.—All contracts
and agreements shall be absolutely void and of no effect which undertake 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 workmen’s employment, or which pro
vide that the insurer shall pay such compensation, or which indemnify the em
ployer against damages when the injury, disease or death arises from the
failure to comply with any lawful requirement for the protection of the lives.
TEXT OJ? LAWS— OHIO
413
health and safety of employees, or when the same is occasioned by the willful
act of the employer or any or his officers or agent.s, or by which it is agreed
that the insurer shall pay any suck 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.
S ecs . 1465-102, 1465-103 (as amended 1921, p. 181), 1465-104 to 1405-106.
Miscellaneous provisions.—[The commission is to make necessary expenditures
to obtain statistical and other information necessary to the establishment of
the classes provided for by the act. Expenditures are on vouchers signed by
two members. The annual report of the commission is to include a general
statement of the causes of action and decisions for which awards were made
aud a detailed statement of the condition of the respective funds. Classifica
tions. rates, rules, and regulations are to be printed and distributed for
public use.
No injunction may suspend or restrain orders, classifications, or rates
adopted by the board or actions by State officials required in carrying out
the provisions of the act. Should any section or provision of (he act be
unconstitutional, the unaffected parts shall stand.]
S ec. .1405-107. Alietis.—It shall be unlawful for the State liability board of
awards, or any other body constituted by the statutes of the State of Ohio,
or any court of said State, in awarding compensation to the dependents of
employees or others killed in Ohio to make any discrimination 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 ec. 1465-108. Same.—When the dependents of killed employees reside in a
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 em
ployee reside, shall furnish the necessary information regarding such depend
ents of killed employees so that the State liability board of awards may
transmit to such dependents the funds provided for in the compensation act
of the State of Ohio, or any amendments thereto.
OKLAHOMA
COMPILED STATUTES—1921
Workmen's Compensation
A rticle 1
S e c t io n 7282. Title.—This act shall be known as the “ workmen's compensa
tion law.”
S ec . 7283 (as amended 1923, ch. 61). Scope.—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
ami stereotyping plants where machinery is used; foundries, blast furnaces,
mines, wells, gas works, gasoline plants, oil refineries and allied plants, and
works, water works, reduction works, elevators, dredges, smelters, powder
works, glass factories, laundries operated by power, creameries operated by
power, quarries, construction and engineering works, construction and opera
tion of pipe lines, tanneries, paper mills, transfer and storage, construction of
public roads, wholesale mercantile establishments, employees employed ex
clusively as clerical workers excepted; operation and repair of elevators in
office buildings; logging, lumbering, lumber yards, street and interurban rail
roads 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 ec . 7284 (as amended 1023, ch. 61). Definitions.—As used in this act—
1. 44Hazardous employment ” shall mean manual or mechanical work, or
labor, connected with or incident to one of the industries, plants, factories, lines,
occupations or trades mentioned in section 7283, except employees engaged
as clerical workers exclusively, and shall not include any one engaged in agri
culture, horiticulture, or dairy or stock raising, or in operating any railroad
engaged in interstate commerce.
2. “ Commission” means the State industrial commission as constituted by
this act.
3. “ Employer,” except when otherwise expressly stated, means a person,
partnership, association, corporation, and the legal representatives of a de
ceased employer, or the receiver or trustee of a person, partnership, associa
tion, or corporation employing workmen in hazardous employment, and shall
include the State, county, city or any municipality wheu engaged in any haz
ardous work within the meaning of this act in which workmen are employed
for wages: Provided, however, That so long as by State law, city charter or
municipal ordinances, provisions equal to or better than that given under the
terms of this act, made for such employees injured in the course of employ
ment, such employees shall not be entitled to the benefits of this act.
4. “ Employee” means any person engaged in manual or mechanical work,
or labor in the employment of any person, firm, or cori*>ration carrying on a
business covered by the terms of this act, and shall include workmen associat
ing themselves together under an agreement for performance of a particular
piece of work, in which event such persons so associating themselves together
shall be deemed employees of the person having the work executed: Provided,
That if such associated workmen shall employ two or more laborers or work
men in the execution of such contract, then as to such employed workmen
or laborers, both the associated employees and the principal employer shall
at once become subject to the provisions of this act relating to independent
contractors.
5. “ Employment ” includes employment only in a trade, business, or occupa
tion carried on by the employer for pecuniary gain.
6. “ Compensation” means the money allowance payable to an employee as
provided for in this act.
414
TEXT OF LAWS— OKLAHOMA
415
7. 44Injury or personal injury ” means only accidental injuries arising out
of and in the course of employment and such disease or infection as may
naturally result .therefrom.
8. “ Wages ” means the money rate at which the service rendered is recom
pensed under the contract of hiring in force at the time of the injury, includ
ing 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 associations, or mutual associations with which employers have in
sured, and employers permitted to pay compensation, directly under the pro
visions of subdivision (d) of section 7308.
10. “ Factory ” means any undertaking in which the business of working at
commodities is carried on with power-driven machinery, either in manufac
ture, 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
power-driven machinery is employed and manual or mechanical labor is exer
cised 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. “ Mine” 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, electric lines or power
Hues, and includes any other work for the construction, altering, or repairing
for which machinery driven by mechanical power is used.
15. Where several classes or kinds of work is performed the commission
shall classify such employment, and the provisions of this act shall apply only
to such employees as are engaged in manual or mechanical labor of a hazardous
nature.
A b t i c l e II
►Se c t i o n 7285 (as amended, 1923, ch. 61). Compensation payable when.—
Every employer subject to the provisions of this act shall pay, or provide as
required by this act, compensation according to the schedules of this article for
the disability of his employee resulting from an accidental personal injury sus
tained 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
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 pursuant to any statute or by order of the State
labor commissioner or results directly from the intoxication of the injured em
ployee while on duty: Provided, That the provisions of this act shall not apply
to any employer if he shall employ less than two workmen: And provided
further, That the liability of any person, firm, or corporation having an interest
in the subject matter, employers and contracting employers, general or inter
mediate, for compensation under this act, when other than the immediate em
ployer of the injured employee, shall be as follows:
1. In the absence of provisions to the contrary in any contract with an indel>endent contractor, such independent contractor shall be conclusively presumed
to have agreed, as a part of the terms of the contract, that he will comply with
the workmen’s compensation laws of this State, and in case of a failure to do
so, the person procuring such work to be done by independent contractors, may
declare such failure a substantial violation of the contract, and terminate the
same at his or their option. All unpaid balances due under such contract, or
so much thereof as may be reasonably necessary, may be retained as indemnity
against compensation claims under the workmen’s compensation act of this
State. The independent contractor shall at all times be liable for compensa
416
W O R K M E N S COMPENSATION LAWS— UNITED STATES
tion clue to his direct employees, or the employees of any subcontractor of
such independent contractor, and the principal employer shall also be liable in
the manner hereinafter specified for compensation due all.such employees:
Provided, however. That for the purposes of this act a lessor or sublessor shall be
<leemed not to be one having an interest in the subject matter, the principal em
ployer, contracting employer, employer, general, intermediate, or immediate,
independent contractor or intermediate contractor, of the lessee or of any
subsequent sublessee, or of the employees of the lessee or of any subsequent
lessee, including the employees of the subcontractors. of the lessee or of any
subsequent sublessee.
2.
The person entitled to such compensation shall have the right to recover
the same directly from his immediate employer, the independent contractor or
intermediate contractor, and such claims may be presented against all of such
persons in one proceeding. If it appears that the principal employer has
failed to require a compliance with the workmen’s compensation law of this
State, by his or their independent contractor, then such employee may also
proceed in the same investigation or erase against such principal employer. If
it shall be made to appear in such proceeding that the principal employer has
failed to require a compliance with this act by his independent contractor, then
such principal employer shall be liable for all such injuries to employees of his
independent contractor, or the subcontractor of such independent contractor.
If it appears in such proceeding that the principal employer is liable for com
pensation under the terms of this act, and the subcontractors of the independent
contractor and their sureties are also liable, then judgment or order shall be
issued against all of such parties and execution may be issued therefor, but such
execution shall first be enforced against those found liable other than the
principal employer, and will be enforced as against the principal employer only
for the residue of such claim after exhausting the execution against others liable
therefor. Payment of the compensation found due by any of the persons liable
therefor shall be complete satisfaction of the claim as to other parties, but any
person secondarily liable for such compensation shall have a cause of action
against the person primarily liable for the recovery of any payment made on
account thereof.
Swo. 728(5. Reinedt/ exclusive; exception.—The liability prescribed in the last
preceding section shall be exclusive, except that if an employer has failed to
secure the payment of compensation for his injured employee, as provided in
this act. then an injured employee, or his legal representatives if death results
from the injury, may maintain an action in the courts for damages on account
of such injury, and in such 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 tbe injury was
due to the contributory negligence of the employee: Provided, That this action
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.
Sec. 7287 (as amended 1923, ch. 61). Waiting time.—No compensation shall
be allowed for the first five days of disability except the benefits as provided
for in section 7288.
S e c . 7288 (as amended .1923* ch. 61). Medicaletc., aid.—The employer shall
promptly provide for an injured employee such medical, surgical, or other
attendance or treatment, nurse and hospital service, medicine, crutches, and
apparatus as may be necessary during 60 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 or neglects to provide the same within a reasonable time
after knowledge of the injury, the injured employee, during the period of such
neglect or failure, may do so at the expense of the employer: Provided, how
ever, That the injured employee or another in his behalf may obtain emergency
treatment at the expense of the employer where such emergency treatment
is not provided by the employer. Whoever renders medical, surgical, or other
attendance or treatment, nurse and hospital service, medicine, crutches, and
apparatus, or emergency treatment, shall submit the reasonableness of the
charges to the State industrial commission for its approval, and such charges
shall be limited to such charges as prevail in the same community for similar
treatment of like injured person, and when so approved shall be enforceable
by the commission in the same manner as provided in this act for the enforce
ment of compensation payments: Provided, however, That the foregoing pro-
417
TEXT ©J? LAWS— OKLAHOMA
vision, relating to approval and enforcement of sncli charges, shall not apply
where a written contract exists l>etween the employer or insurance carrier and
the person who renders such medical, surgical, or other attendance or treat
ment, nurse and hospital service, or furnishes medicine, crutches, or apparatus.
The commission shall have authority to order a change of physicians at the
expense of the employer when, iu its judgment, such change is desirable or
necessary: Proi>ided, The employer shall not l>e liable to make any of the pay
ments provided for in this section, in case ot* a contest of liability, where the
commission shall decide that the injury does not come within the terms of
this act.
S k c . 7289. Computation of teagen.—Except a s o t h e r w i s e p r o v i d e d i n t h i s a c t ,
th e
average
w e e k ly
w ages
s h a ll b e ta k e u
as
d e te r m in e d
fo llo w s :
as
th e
b a sis
of
th e
upon
in ju r e d
w h ic h
to
e m p lo y e e
at
th e
tim e
c o m p u te c o m p e n s a tio n
of
th e
and
in ju r y
s h a ll
be
1. If the injured employee shatl 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 300 times the average
daily wage or salary which he shali have earned in such employment during
the days when so employed.
2. If the injured employee shall not have worked in such employment during
substantially the whole of such year, his average annual earnings shall con
sist of 300 times the average daily wage or salary which an employee of the
same class working substantially the whole of such immediately preceding
year in the same or in a similar employment in the same or a neighboring
place shall have earned in such employment during the days when so em
ployed.
3. It* either of the foregoing methods of arriving at the annual average earn
ings of an injured employee can not reasonably and fairly be applied, such
annual 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 neigh
boring locality, shall reasonably represent the annual earning capacity of the
injured employee in the employment in which he was working at the time
of the accident.
4. The average weekly wages of an employee shall be one iifty-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.
S e c . 7290 (as amended 1923, ch. 01). Schedule.—The following schedule of
compensation is hereby established:
1. Permanent total disability. In case of total disability adjudged to lie
permanent, ($6% per cent of the average weekly wages shall be paid to the
employee during the continuance of such total disability not exceeding 500
weeks; loss of both hands, or both feet, or both legs, or lx>th eyes, or any two
thereof, shall, iu the absence of conclusive proof to the contrary, constitute
permanent total disability. In all other cases permanent total disability shall
be determined iu accordance with the facts.
2. Temporary total disability. In case of temporary total disability, 66%
per cent of the average weekly wages shall be paid to the employee during the
continuance thereof, but not iu excess of 300 weeks, except as otherwise pro
vided in this act.
3. Permanent partial disability. In case of disability partial in character, but
permanent in quality, the compensation shall be 66% per cent of the average
weekly wages, and shall be paid to the employee for the period named in the
schedule as follows:
Thumb. For the loss of a thumb, 60 weeks.
First linger. For the loss of the first finger, commonly called the index ‘
finger, 35 weeks.
Second finger. For the loss of a second finger, 30 weeks.
Third finger. For the loss of a third finger, 20 weeks.
Fourth finger. For the loss of a fourth finger, commonly called the little
finger. 15 weeks.
Phalange of thumb or finger. The loss of first phalange of the thumb or
finger shall be considered equal to the loss of one-half of such thumb or finger,
418
W OBKM BK's COMPENSATION LAWS-— UNITED STATES
and compensation shall be one-half of the amount above specified; the loss of
more than one phalange shall he considered as the loss of the entire thumb or
linger: 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, 30 weeks.
Other toes. For the loss of one of the toes other than the great toe, 10
weeks.
Phalange of toe. The loss of the first phalange of any toe shall he con
sidered to be equal to the loss of one-half of the amount specified. The loss
o f more than one phalange shall be considered as the loss of the entire toe.
Hand. For the loss of a hand, 200 weeks.
Arm. For the loss of an arm, 250 weeks.
Foot. For the loss of a foot, 150 weeks.
Leg. For the loss of a leg, 175 weeks.
Eye. For the loss of an eye, 100 weeks.
I joss 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,
linger, toe. hand, arm, foot, leg, or eye.
For the permanent partial loss of use of a member or sight of an eye. 60%
per cent of the average weekly wage during that portion of the number of
weeks in the foregoing schedule provided for the loss of such member or sight
of an eye which liie partial loss of use thereof bears to the total loss of use of
such member or sight of an eye.
Amputations. Amputations between the elbow and the wrist shall be con
sidered as the equivalent of the loss of a hand. Amputation between tlte knee
and ankle shall be considered as the loss of a foot Amputation at or above
the elbowTshall be considered as the loss of an arm. Amputation at or ai>ove
the knee shall be considered as the loss of a leg.
The compensation for the foregoing specific injuries shall be in lieu of all
other compensation except the benefits provided in section 7288.
Tn case of an injury resulting in tbe loss of hearing or in serious and perma
nent disfigurement of the head, face, or hand, compensation shall be payable in
an amount to be determined by the commission, but not in excess of $3,000:
Provided, That compensation for loss of hearing or permanent 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.
Hernia. In the case of an injury resulting in hernia, compensation for eight
weeks and the cost of the operation shall be payable: Provided, That if the
hernia results in a total permanent disability, then the commission may so
determine said fact and award the claimant compensation for a total permanent
disability.
Other cases. In this class of disabilities the compensation shall be 66% per
cent of the difference between his average weekly wages and his wage-earniug
capacity thereafter in the same employment or otherwise payable during the
continuance of such partial disability; not to exceed 300 weeks, but subject to
reconsideration of the degree of such impairment by the commission on its own
motion or upon the application of any party in interest.
4. Temporary partial disability. In case of temporary partial disability,
except the particular cases mentioned in subdivision 3 of this section, an
injured emiiloyee shall receive 66% per cent 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 injury, during the continuance
of such partial disability, but not in excess of 300 weeks, except as otherwise
provided in this act.
5. Limitation. The compensation payments under the provisions of this act
shall not exceed the sum of $18 per week, or be less than $8 per week: Provided. however, That if the employee’s wages at the time of injury are less
than $8 per week, he shall receive his full weekly wages: Provided further,
That the compensation 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
l>rior to said injury.
6. Previous disability. The fact that an employee has suffered previous dis
ability or received compensation therefor shall not preclude him from compen-
TEXT OF LAWS— OKLAHOMA
419
gation for a later injury; but in determining compensation for the later injury
his average weekly wages shall be such sum as will reasonably represent his
earning capacity at the time of the later injury.
S k c . 7291. Nonresident aliens.— Compensation under this act to aliens not
residents (or about to becomc nonresidents) of the United States shall l>e 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 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 computed amount of such future
installments of compensation as determined by the commission.
S e c s . 7292, 7293, 7294 (as amended, 1923, ch. 61), 7295,7290. 7297 ( a s amended,
1923. ch. 61), 7298, 7299, 7300 (as amended, 1923, ch. 61), 7301. Procedure,—
[Notice of injury must be given to the commission and the employer within 30
days either by the claimant or by someone in his behalf. This mast be in writ
ing and may be sent by mail to the commission by registered letter, and may
be delivered to the employer in person or sent by registered letter. Failure
to give notice unless excused by the commission on the ground that for suffi
cient reason the notice could not have been given or because the insurance
carrier or employer was not prejudiced, is a bar to any claim. The injured
workman must submit to medical examination from time to time if requested
by the commission. If the employee or the insurance carrier desire, a physician
of his own selection may be present to participate in the examination. Refusal
to submit suspends and bars compensation for the period. Claim for compen
sation may be submitted after the expiration of the first five days of disability.
If the employer and the employee have agreed, a memorandum of the agreement
in a prescribed form signed by both parties may be filed with the commission,
and if approved by it, the agreement, in the absence of fraud, is binding upon
both parties. The commission has full power and authority to determine all ques
tions relating to the payment of claims for compensation, and may make such
investigations as it deems necessary, and on application of either party, order
a hearing. As soon as practicable decisions must be filed with a statement of
the conclusions of fact and law. An arbitration committee may be resorted to,
one member representing the employees, one the employers, the third to be
either a member of the commission or someone deputized by it. The decision of
the commission is final as to questions of fact and, except as provided herein, as
to question of law as well. It will be presumed in the absence of substantial
evidence to the contrary that the claim falls within the provisions of the act, that
sufficient notice was given, that the injury was not due to the willful intention
of the employee or to his intoxication.
Keview of an award may be had at any time on the motion of the commis
sion or on the application of any party in interest and changes made therein
according to any change found in conditions. Past payments are not affected.
Awards are final unless within 30 days action is commenced in the supreme
court for review. The court has original jurisdiction over all such cases and
proceeds in a summary manner, such cases having precedence over all other
civil cases except preferred corporation commission appeals. The industrial
commission is to be represented by the attorney general. If the judgment sus
tains an award made, the commission shall add interest at the legal rate from
the date of its award from whicii the appeal was taken. If it appears that any
proceedings have not been brought on a reasonable ground, the whole cost
thereof will be assessed against the party who brought them. Claims for legal
and medical services are not enforceable unless approved by the commission;
if approved they become a lien on the compensation to be paid in the manner
fixed by the commission.
Compensation is to be paid as wages, but the commission may, if deemed
advisable, fix other periods, or may commute periodical payments to one or
more lump-sum payments if in the interest of justice. Employers and insurers
are permitted, and if necessary for the protection of the beneficiary, may be
required to make deposits with the commission to secure the prompt and con
venient payment of awards. Enforcement of payments is by recourse to the
courts of the county by filing a certified copy of the commissions award
whereupon a writ of execution will issue in the event of delay, on which costs
may be taxed as provided by the code of civil procedure. Insurance carriers
intentionally, knowingly, or willfully violating the provisions of the act shall
have tlieir license revoked by the insurance commissioner on the request of the
commission. Claims are forever barred unless filed within one year after the
injury.]
420
WORKMEN
’ij
COMPENSATION LAWS— UNIXJiD STATES
Rku. 7302. Injuries hy third parties.—1Where a third party is liable for an
Injury to a workman he may elect between compensation and an action at law.
If he elects to take compensation, the cost of action against the third party is
assigned to the insurance carrier .liable for the payment of compensation: but
il: the injured man proceeds at law. the insurance carrier will be liable only for
tho deficiency between the amount of the recovery and the compensation pro
vided for by the act. Compromise for a'less amount than the compensation
award may be made only with the written approval of the commission and of
the person or insurance carrier liable to pay the same.]
S k i s . 7303-7306. 7307 (as amended, 1023, ch. 61). MisceikmcouH pj'ovi-iioiiH.—
[JUsieJit?, savings, or insurance of the injured employee are not to be consid
ered in determining benefits under the. act: nor may any agreement be made by
which the employee contributes to the cost of insurance thereunder. Waivers
of an employee's right are void, and claims and benefits may uot be assigned,
released, or commuted except as provided by the act, and are exempt from ail
claims of creditors or legal process. Payments may be made only to the em
ployee. Rights and claims have the same preference as wage debts.]
A rticle) III
S e c t .*o n s 7808—
7310, 7311 (as amended 1923, ch. 61). Insurance.—[Payments
to employees must be secured by insurance in a stock or mutual company or by
contracts of indemnity or interinsurance, under reasonable regulations pre
scribed by the commission: or by obtaining and keeping in force guaranty
insurance with au authorized company: or by the establishment of a benefit
.‘•clieme or insurance system in lieu of the compensation provided by the act,
providing not less than the benefits therein fixed, with added benefits, if the
employees contribute: or by furnishing satisfactory proof of financial ability
as self-insurers, in which case the commission may require a deposit of securi
ties or indemnity bond. Failure to comply with this section eutaiis liability of
$1 for each employee for each day during which the failure continues, though
the commission may remit the penalty for good cause shown if the employer
secures compensation as provided. Employers complying with the above re
quirements must maintain a notice conspicuously posted in and about their
places of employment stating the fact. Failure to secure the payment enables
the commission to proceed on behalf of the injured employee as provided in
section 7286, besides recovery of the penalty.
Policies of insurance must contain provisions setting forth the right of the
commission to enforce the same for the benefit of the person entitled, also
that notice or knowledge and jurisdiction affecting the employer are binding
on the carrier, as are awards and decisions rendered against him. It must
.also be provided that the insolvency or bankruptcy of the employer does not
relieve as to injuries sustained during the life of the policy. Every contract or
agreement indemnifying an employer from loss or damage on account of injuries
to employees is void unless it covers the liability for payment of the com
pensation provided by this act. Policies may not be canceled within the time
limited for their expiration without 10 days* notice to the commission and the
employer.]
A r t i c l e IV
S e c t i o n s 7312, 7313 (as amended 1923, ch. 61), 7314-7318.
Industrial com
mission.— [An industrial commission of three members is appointed by the
governor for terms of six years each. Salaries are $3,000 each. Members
select.a chairman, may employ a secretary, actuary, and other assistants as
deemed necessary, and shall maintain an offr-e at T h e canitol. Sessions are
continuous and open to the public, and may be held anywhere in the State. A
majority of the commission constitutes a quorum. Investigations and hearings
may be had by or before any commissioner, and his award when approved by
the commission and filed in its office becomes the award or order of the com
mission. Commissioners have power to administer oaths, certify to official acts,
take depositions, compel the attendance of witnesses, and the production of
books, papers, documents, and testimony. The secretary is to keep a full and
true record of all proceedings, may administer oaths, and have general charge
of the office. The commission may adopt reasonable rules as to notices and their
service, the nature and extent of proofs and evidence, forms of claims, the? meth
ods of making investigations and physical examinations, the time for making
TEXT OF LAWS— OKLAHOMA
421
adjudications and awards, the conduct of hearings and in general the carrying
into effect of the act.]
S ecs. 7319-7324, 7325 (as amended 1923, ch. 61), 7326, 7327.
Powers;
procedure, etc.— [The commission or a commissioner or inspector conducting
investigations or hearings must keep complete record of all evidence, objec
tions to l>e considered and passed on and preserved in the records. Disobedience
to subp<enas is a misdemeanor, and on application of a member of the com
mission or its representative, a county judge shall proceed by attachment pro
ceedings as for contempt to enforce obedience to the subpoenas issued. Mileage
and witness fees arc provided as in cases of civil procedure. Depositions may
be taken within or without the State as prescribed in civil actions iu courts
of record.
The power and jurisdiction of the commission over each case is continuing
and awards may be modified as in its opinion may be justified. On the
petition of a party in interest the commission will decide whether or not a
final settlement may he had between the parties. The commission has power
to consider such petition and the same may be dismissed if the commission
is of the opinion that the case should not be set for hearing. Expenses will
be paid by the employer or insurance carrier and may be included in tlie fiuai
award. After final award is thus made the commission has no jurisdiction
over any claim for the same injury or any results arising from it. If the
commission decided that the case should not be finally settled at the time of
hearing the petition for such hearing will be dismissed without prejudice to
either party. Appeal lies as in other cases before the commission. Annual
reports as to awards made and accident data are to be made to the governor,
and suitable blanks are to be prepared and distributed, employers to keep
constantly a supply of application blanks on hand.]
A
r t ic l e
Y
S e c t i o n ' 7328. Penalties.— [Penalties collected are applicable to the expenses
of the commission.]
S e c s . 7329-7331. Employers' records; reports of accidents.— [Employers are
required to keep records of all injuries, fatal or otherwise, to their employees
and report the same within 10 days or a reasonable time thereafter, after the
occurrence of an accident. Any information required by the commission to
carry out the provisions of the act must also be supplied. All books, records,
and pay rolls showing or affecting wage expenditures of employers are to be
open for inspection by the commission or its representatives; nor may any
person be excused from testifying or producing books or papers if ordered by
the commission on the ground that such evidence would tend to incriminate
him or subject him to penalty or forfeiture, but no person will be prosecuted
or subject to penalty on account of any transaction concerning which he has
under oath testified to or produced documentary evidence o f; however, there
is no exemption from prosecution or punishment for perjury.]
S e c s . 7332-7336. Miscellaneous provisions.— [False statements or representa
tion willfully made to secure benefits for oneself or others constitutes a mis
demeanor. No limitation of time runs against a minor or one mentally incom
petent until a guardian or next friend is provided.
The commissioner of labor is to render such assistance as in his judgment
does not. interfere with the conduct of his office.
The invalidity of any portion of this act is not to affect the validity of the
whole.]
Sec. 7337. Actions not affected.—This act shall not affect any action pend
ing or cause of action existing or which has or may hereafter accrue to the
dependents or other legal representatives of an injured employee in case death
results from the injury after he has been awarded compensation under the pro
visions 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.
A
r t ic l e
V I
S e c t i o n 7338. Injuries causing death.—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 for recovery of damages for injuries resulting in death is
intended to be denied or affected.
422
w o b k m e n ’ s c o m p en sa tio n la w s — UNITED s t a t e s
Sec. 7339. Suits abolishedL—The right of action to recover damages for per
sonal injuries not resalting in death arising and occurring in hazardous em
ployments as herein defined, except the right of action reserved to an injured
employee or his dependents or other legal representatives in section 7286 and
section 7336 [7337], is hereby abrogated, and all jurisdiction of the courts of
this State over such causes, except as to the cause reserved to such injured em
ployees or their dependents or other legal representatives in section 7286 and
section 7336 [7337], is hereby abolished. Section 7286 is hereby abrogated, and
all jurisdiction of the courts of this State over such cause, except as to the cause
reserved to the State industrial commission for the benefit of injured employees
in section 7286, is hereby abolished.
Seo. 7340. Date effective.—This act shall take effect July 1, 1915: Provided,
That the application of this act as between employers and employees and the
payment of compensation for injuries to employees shall take effect September
1, 1915.
OREGON
LAWS—1920
Workmen’s Compensation Law
C
h apter
I
S e c t i o n s 6605-6613. Industrial accident commission.— [The enactment is in
troduced by a declaration of policy to remove the “ great and unnecessary cost
now incurred in litigation/’ and provide for the distribution of the burden of
industrial injuries more fairly, “ in so far as may be consistent with the
rights and obligations of the people of the State.”
An industrial commission is created consisting of three members appointed
by the governor, not more than two to belong to the same political party.
Terms are four years, but one term expiring in any year. Salaries are $3,600
per annum. The commission organizes itself by selecting one of its members
as a chairman, a majority constitutes a quorum and the commission may em
ploy and discharge such assistants, experts and clerks as. may be required in
the administration of the act. The expenses of the commission for any fiscal
year may not exceed 10 per cent of the receipts to the industrial accident fund
for that period.
The commission may sue and be sued, has a seal, has power to hold sessions
at any place within the State, administer oaths, issue subpoenas for the at
tendance of witnesses, the production of books, papers, etc., provide for the
taking of testimony and the recording of proceedings, and in general to carry
out the provisions of this act. Circuit courts or their judges are to compel
obedience to the subpoenas of the commission on its application. Records of
information acquired from employers of employees pursuant to the provisions
of the act are not open to public inspection. Rules and regulations are to be
made as to reports of accidents, payments of benefits, the use of pay-roll forms,
and the attendance and testimony of employers and their representatives.
Quarterly reports are to be made to the governor with full statistical informa
tion covering the acts of the commission and the receipt and disbursement of
money.]
S e c s . 6614 (as amended 1921, ch. 311), 6615. Application of law.— [All em
ployers in the hazardous occupations named in the act are subject to its pro
visions unless they file written notice of an election not to be subject thereto.
If an employer is engaged in hazardous occupations and another or others not
so defined, he is not subject to the act as to the latter, nor are his workmen
wholly engaged therein, except by an election as authorized by section 6636;
but if the occupation is partly hazardous and partly nonhazardous the act
applies as if it were wholly hazardous. Railroad companies operating as com
mon carriers, including street railways, if engaged in one or more of the
hazardous occupations defined in the act other than the maintenance and
operation of a railroad may elect co be subject to the act as to all such
hazardous occupations other than railway service, and not subject thereto as
to the latter.
Employers of employees subject to the act are also subject thereto in the
absence of written notice to the employer. This option is to be exercised per
sonally by any workman of the age of 16 years and upward; if under 16, elec
tion is to be made by a parent or guardian. The act does not apply to minors
unlawfully employed.]
Sec. 6616 (as amended 1925, ch. 133). Benefits payable, when; third party
liability.— (Workmen subject to the act sustaining personal injury by accident
arising out of and in the course of employment are entitled to compensation
from the industrial accident fund for any subsequent disability or death. The
right to receive such compensation is in lieu of all claims against the employer
for such injury or death except as specifically provided in the act. If the injury
occurred away from the plant of the employer and was due to the negligence or
423
424
w o r k m e n 's c o m p en sa tio n la w s — UNITED s t a t e s
wrong of a third party, the workman or his dependents may elect whether to
take under the act or to seek a remedy against such third party, the election to
be made in advan.ce of any suit. If compensation is elected, the cost of action
against the third party is assigned to the State industrial accident commission
for the benefit of the accident fund. If the proceedings are taken against the
third party, the accident fund is responsible only for the deficiency, if any,
between the recovery actually collected and the compensation provided or
estimated by the act. If action is brought against the third party, and the
commission has expended any moneys for compensation, first aid or other
wise, on behalf of the injured workman, it shall join as party plaintiff in the
action, and if the recovery exceeds the benefit under the act, the commission
shall be repaid the amount so expended from the judgment award. Where
compensation has been paid, and the commission brings action against the
third party, any excess recovery over costs and expenditures by the commission
goes to the workman or his dependents. The commission may compromise such
action, but any compromise which would leave a deficiency to be made good
out of the accident fund may be made only with the written approval of the
commission.]
Sec. 6617 (as amended 1925, ch. 40). Hazardous occupations.—The hazardous
occupations to which this act is applicable are as follows:
(a)
Factories, mills, and workshops where power-driven machinery is used.
(l>) Printing, electrotyping, photo-engraving, and stereotyping plants where
power-driven machinery is used.
(c) Foundries, blast furnaces, mines, wells, gas works, waterworks, irriga
tion works, where power-driven machinery is used; reduction works, breweries*
wharves, docks, dredges, smelters, powder works, laundries where powerdriven machinery is used; quarries, engineering works.
( d) Logging, lumbering, and shipbuilding operations.
(e ) Logging, street, and interurban railroads not engaged in interstate com
merce.
( f ) Buildings being constructed, repaired, moved, or demolished.
(ff) Telegraph, telephone, electric light or power plants or lines.
(ft) Public or commercial steam heating or power plants.
(i)
Railroads not engaged iu interstate commerce, steamboats, tugs, and
ferries, motov boats operated for commercial or industrial purposes.
(/) Gravel, sand, and coal bunkers.
(1c) Flour, feed, and chop mills.
(?) 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 6624 hereof.
(jw) The work performed by salaried peace officers of the State and the
counties and municipal corporations of the State. The State and such counties
and municipal corporations shall be deemed employers under the terms of this
act and shall pay to the accident fund the payments required of employers
by this act: Provided, hotvever, That if any such municipal corporation has pro
vided by municipal ordinance or by its charter for the compensation of such
peace officers injured in the course of their employment, such officers so pro
tected shall not be entitled to the benefits of this act.
Sec. 6618. Agriculture.—Farming and all work incidental thereto except the
construction of 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 6636.
Sec. 6019 (as amended, 1925, ch. 133). Definitions.—In the sense of this act
words employed mean as here stated, to w it:
“ Factories” mean undertakings in which the business of working at com
modities 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 Mmeans any plant, ,yard, premises, room, or place wherein powerdriven machinery is employed and manual labor is exercised by way of trade
for gain or otherwise in or incidental to the process of waking, altering, repair
ing, 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.
TEXT OP LAWS— OREGON
425
“ Mill ” means any plant, promises, room, or place where machinery is used
for any process of manufacturing, 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 any open cut from which coal is mined, or clay, ore min
eral, gypsum, sand, gravel, or rock is cut or taken for manufacturing, building,
or construction.
u Engineering work ’* means any work of construction, improvement, or altera
tion or repair of buildings, structures, streets, highways, sewers, street rail
ways, railroads not then engaged in interstate commerce, logging roads, interurban railroads not then engaged in interstate commerce, harbors, docks, canals,
electric, steam, or water power plants, telegraph and telephone plants and lines,
electric light or power lines, and includes any other works of construction,
alteration, or repair or other 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 receiver, administrator, executor, or trustee who
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: Provided, That for the purposes of this act only,
when workmen, either associating themselves together under a partnership
agreement or as individuals, enter into a contract, the principal purpose of
which is the performance of the labor on a particular piece of work, such work
to be performed by themselves or with the assistance of other workmen em
ployed by them, all such workmen shall be deemed employees of the persons
having such work done, and not independent contractors, and in event their
average daily wages are not otherwise ascertainable, they shall be deemed to
be employed at the average daily wage prevailing for similar work in the
community where they are employed.
Farming ” means the cultivating of land, dairying, horticultural or viticultural labor, stock or poultry raising, and operations incidental thereto; also,
when incidental thereto, threshing, clover hulling, hay baling, eusilage 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, the person operating it, or by any other person.
Any individual employer or any member of any firm subject to this act as
employer may make written application to the commission to become entitled as
a workman to the compensation benefit 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. When said
rate and wage are fixed such person may file a notice in writing with the com
mission of his election to contribute to the industrial accident 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 benefits 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 reduc
tion of such contribution as provided by section 0624, and shall also pay 30
cents per month as workman’s contribution: Provided, however, That if said
I>erson is injured while in default for payments prescribed herein, he shall not
be entitled to receive any compensation whatsoever under this act.
Any member or officer of any corporate employer who shall be carried upon
the pay rolls at a salary or wage not less than the average prevailing salary
or wTage, but not otherwise, shall be deemed to be a workman.
“ Dependent ” means any of the following-named relatives of a workman
whose death results from any injury and who leaves surviving no widow,
widower, or child under the age of 16 years, viz: Invalid child over the age of
16 years, daughter between 16 and 18 years of age, father, mother, grandfather,
grandmother, stepfather, 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.
4:26
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
Except where otherwise provided by treaty, aliens, other than father and
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.
“ Iuvalid ” means one who is physically or mentally incapacitated from earn
ing a livelihood.
The word “ child,’’ as used in this act, includes a posthumous child, a child
legally adopted prior to the inquiry, an illegitimate child, and a stepson or
stepdaughter.
44Wages *’ means the money rate at which the service rendered is recom
pensed under the contract of hiring in force at the time of the accident, in
cluding the reasonable value of board, rent, housing, lodging or similar ad
vantage received from the employer; and the term ••pay roll,” as used in sec
tion 0624. 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 advantage received from the employer.
S k c . 6620. Election not to contribute.— [Any employer engaged in any of the
hazardous occupations named in the act may elect in writing not to contribute
to the fund, whereupon he will be relieved from the obligation so to contribute,
and will be liable in actions for injuries due to negligence, default, or wrong
ful act without the common-law defenses. Employers so electing must post
notices in a conspicuous manner in a sufficient number of places reasonably
to inform their workmen of the fact.]
Sec. 6621. Status continuing.— [Employers who do not give notice as above
are subject to the provisions of the act for each succeeding year from the
30th of June unless before May 1 in some year written notice of a xmrpose
to cease contributing to the fund is given, whereupou the status will be
changed on the 1st of July next following.]
Skc. 6622 (as amended, 1021. ch. 311; 1925, ch. 133). Recall of election; pertn is*ion to engage in hazardous occupation.— [An employer rejecting the act
may at any time recall such election by filing notice with the commission and
posting conspicuously notices properly dated, effective five days from the date
of the filing of such notice.
No person other than contributors to the industrial fund may engage in the
hazardous occupations and until they have tiled with the industrial accident
commission a statement of the occupation in which it is proposed to engage,
with the required data, and to engage in any such occupation until the pre
scribed statements have been filed is a misdemeanor, each day’s violation con
stituting a separate offense. The persons so engaged in violation of this sec
tion are not entitled to the benefits or protection of the act, and injured em
ployees or their dependents may elect to take under the act or seek a remedy
in an action at law as provided in the section relative to recovery against a
third party.]
Sec. 6623. Rejection by employees.— [Any workman entering employment
may give notice of his intention not to be subject to the act: and if emjrtoyed
by an employer who has recalled his own rejection, the workman may likewise
give notice not to accept the act: and if the employer has failed to give the
legal notice by posting notices of an acceptance, the workman has five days
after such posting in which to reject the act. If injured within such period
of five days he has the option of accepting benefits or suing. Workmen so
electing not to be subject to the act may at any time give notice to employers
under the act recalling such election, and after 10 days such workman becomes
and continues to be subject thereto. Elections are for terms of one year
endiug June 30. the status continuing in the absence of notice before June 1.
of his purpose no longer to be subject to the act. Any coercion or restraint
of employees to induce them to elect not to become subject to the act is a
misdemeanor.]
Skc. 6624 (as amended, 1921, ch. 311.; 1925, ch. .133). Premium rate*.—
Every employer engaged in any of the hazardous occupations enumerated in
section (>617 who shall not have served notice of his election not to contribute
hereunder, as in this act provided, shall, except as hereinafter provided, pay to
the commission on or before the 15th 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 w it:
TEXT OP LAWS— OREGON
427
Construction work
Subaqueous work; fire escapes, house moving; house wrecking, steeples,
metal smokestacks; metal chimneys; iron or steel frame structures
or parts of structures___________________________________________ $0.080
Tunnels; trestles; bridges; pile driving; jetties; breakwaters________
. 065
Sewers; shaft sinking; ditches and canals, other than irrigation with
out 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 sys
tems : steam or electric railroads, with rock work or blasting; water
works or systems; road work with blasting; erecting fireproof doors
or shutters; concrete buildings; galvanized iron or tin work, with
scatfold; marble, stone, or brick work, with scaffold; gas works or
systems; excavation not otherwise specified; ship or boat building
or wrecking; painting of buildings or structures, outside work_____
. 050
Steam heating plants; advertising signs; ornamental metal work or
metal ceilings in buildings; carpenter work, not otherwise specified;
ship or boat rigging; ship or mill wrighting; grain elevator, not metal
framed_________________________________________________________
.040
Street railways without blasting; installation of steam boilers or en
gines ; installation of dynamos; installation of automatic sprinklers;
installation of machinery not otherwise specified; drilling wells------. 035
Street or other grading; road making; concrete foundations; asphalt
laying; covering steam pipes or boilers; construction work not other
.030
wise specified; street paving-------------------------------------------------------Lathing; plastering----------------------------------------------------------------------. 025
Plumbing; house heating or ventilating systems; inside wiring, instal
lation 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; con
crete or composition walks_______________________________________
. 020
Operation (ineluding repair work) of—
(All combinations of materials take the higher rate when not other
wise specified.)
Logging railroads; railroads; wood saws; stevedoring longshoring__
Electric light or power plants; interurban electric railroads; stone
crushing; quarries; mines other than coal------------------------------------Logging, with or without machinery; coal mines------------------------------Dry, or floating, docks; steamboats; tugs; ferries; dredges; smelters;
creosoting and wood-treating works______________________________
Telephone or telegraph systems____________________________________
Street railways; garage works; gas works; water works; steam-heat
ing or power plants; grain elevators or grain warehouses; flour,
grain, chop, and feed mills; gravel, sand, and coal bunkers; opera
tions not otherwise specified______________________________________
.050
.040
. 035
.030
.025
. 020
Factories using potoer-drwen machinery
Stamping tin or metal_____________________________________________
Sawmills; shingle mills; lath mills_________________________________
Furniture, staves, veneer, box, packing cases; sash, door, or blinds;
keg, pail, barrel, basket, tub, woodenware or wooden fiber ware_____
Boiler works; paper or pulp mills-------- 1___________________________
Foundries________________________________________________________
Canneries of fish or meat; cement manufacturing; soap tallow and
grease; briquets; machine shops not otherwise specified; iron, steel,
copper, zinc, brass, or lead articles or ware not otherwise specified;
hardware,- marble, stone, or granite works (shop or monument erec
tion) ; factories, not otherwise specified___________________________
Tile, brick, terra cotta, fire clay, pottery, charcoal, earthenware; porce
lain ; breweries; bottling works; paints, oils, and varnishes________
1965°—26------28
. 050
. 035
. 0275
. 025
. 0225
.020
. 015
428
w o r k m e n ’s COMPENSATION LAW'S— UNITED STATES
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__________________ $0.01#
. 0075
Condensed milk; creameries--------------------!--------------------------------------P*tiiting, electrotypiug; photo-engraving; engraving; lithographing----.005
Miscellaneous work
Operation of jwwder works; manufacture of firework*_______________
. 080
Clearing land with blasting------------------------------------------------------------. 050
Making artificial ice; operating refrigerating or cold-storage plants;
operating tanneries; manufacture of fertilizers; operation of packing
houses and stockyards----------------------------------------------------------------. 020
Every employer who is hereby required to make such payments to the com
mission is hereby authorized and required to retain from the moneys earned
by such of his workmen subject to this act the sum of 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 engaged in any of the hazard
ous employments above specified the workmen of such employer not so en
gaged 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 sucli hazardous
employments for which different rates of contribution are prescribed, the
employer shall contribute according to the several rates applicable to tlie
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 hazardous employments shall for the purpose
of determining the rate of contribution hereunder be deemed engaged solely
in the employment taking the higher rate.
Every employer who is hereby required to make such payments to the com
mission'shall. on or before the 15th day of each month, forward to the commis
sion a signed statement showing the total pay roll of such employer for the
preceding calendar month, the kind of work performed, the number of men,
and the number of days worked. Failure on the part of any such employer
to send such statement within 30 days after receipt of notice by the commis
sion shall be a misdemeanor.
When during the first fiscal year any employer is a contributor to the indus
trial accident fund the total amount paid out of the industrial accident fund
or set apart therefrom as hereinafter provided on account of injuries sus
tained by his workmen shall be less than 50 per cent of the amount contributed
to said fund by such employer during such period, not including, however,
moneys retained from the workmen's wages, the rate of contribution of such
employer during the following year shall be reduced by 20 per cent of the
amount hereinbefore prescribed; where the total amount paid out or set aside
is more than 50 per cent and not more than 00 per cent of the amount con
tributed, the rate shall Im> reduced by 15 per cent; where the total amount
paid out or set aside is more than 60 per cent and not more than 70 per cent
of the amount contributed, the rate shall be reduced by 10 per cent. Where
an employer continues as a contributor to the industrial accident fund, the
rate of contribution for each succeeding fiscal year shall be determined in
like manner by combining the amounts paid out and set aside on account of
injuries sustained by the workmen of such employer during the entire period
such employer has been subject to the act, but not more than the preceding
five years, and combining, also, the amounts contributed by such employer
to the accident fund during each jieriod: And prorid-ed further, That no em
ployer shall be entitled to any such reduction if the commission shall find
that during the preceding fiscal year he has willfully failed to install or
maintain any safety appliance, device, or safeguard required by statute. If
during any fiscal year the contribution of any employer is less than $20. the
provisions of this paragraph shall not apply and rate of contribution for the
ensuing year for such employer shall be base rate.
Ifor the purpose of determining the rate as in this section provided, the
amount paid out or set aside on account of an accident resulting iu the fatal
injury or permanent total disability of a workman shall be deemed to be the
average amount paid out and set aside on account of all such injuries during
the preceding fiscal year.
TEXT OF LAWS— OREGON
429
It shall be the duty of the commission to establish standards or rules designed
to promote organization and educational work in accident prevention,- and every
employer subject to the act shall be entitled to a reduction, or a further reduc
tion, in rate of 5 per cent upon compliance with such standards or rules during
any fiscal year; Provided, however, Such employer shali file with the commis
sion a written notice of his intention- to comply with such rules, and such*
reduction in rate shall not become effective prior to the filing of such notice.
If an 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 combined 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 combined injuries, but the charge against the rating of his employer
shall be for the latter injury only.
On July l t 1020, and annually thereafter, the commission shall determine 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 $800,000, 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 $20 or more
to the fund during the preceding 12 months, on account of contributions re
quired 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 contribution of all employers paid into the accident fund for the pre
ceding 12 months.
There is hereby created a fund to be known as the “ catastrophe fund.*9 The
State treasurer shall transfer $50,000 from the industrial-accident fund to the
catastrophe fund, and there shall be transferred to such fund monthly 1 per
cent of the total monthly contributions received from employers and workmen
until such time as in the judgment of the commission such fund shall be suffi
ciently large to cover tlie catastrophe hazard. Such fund shall be invested by the
State treasurer in the same manner as the investment of moneys in the segre
gated accident fund, and the interest earnings of investments from the catastro
phe fund shall be credited to the industrial-accident fund. Expenditures fromtfte catastrophe fund shall be made in the event of occurrence of a single acci
dent causing the death or permanent total disability of more than one work
man. For the purpose of determining the rate of contributors to the fund, m
in thfs section provided, the total amount paid out and set aside in the event
of a catastrophe shall be deemed to be the average amount paid out and set
aside in each case of fatal injury and permanent total disability during the
preceding year. The commission shall have authority to authorize the payment
of other compensation benefits from such fund in the event of the depletion of
(lie 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-accidenl fund in the manner provided in this paragraph.
In that the intent is that the contributions from employers shall fairly
represent the degree of hazard of each occupation or industry, the commission
shall have authority on July 1, 1920, and annually thereafter, to readjust,
increase, or decrease the rates of contribution contained in section 6624. Any
$nch readjustment, increase, or decrease shall be based on the hazard of each
occupation or industry as compared to the hazards of other occupations or in
dustries subject to this act, and due regiard shall be had for the experience of
each occupation or industry as related to the experience of all occupations and
industries defined in section 6624 hereof.
The words “ fiscal year” employed in this section mean the period of time
commencing on July 1 and ending on the succeeding June 30.
S ec . 6625 (as amended 1921, ch. 311; 1923, ch. 256; 1925, ch. 360). Indtistrtolaevident fund.—There is hereby created a fund’ to be known as the industrialaccident fund, which fund shall be held by the State treasurer and by him
deposited in such banks as are authorized to receive deposits of general funds
o f 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 tlie indus
trial-accident fund. There is also appropriated annually after June 30, 1925,
except for the period between Jiitie 30, 1925, and June #0, 1927, out of any
moneys in the State treasury not otherwise appropriated, a sum equal to onehalf of the total administrative expenditures of the commission, exclusive of
430
w o r k m e n 's c o m p en sa tio n l a w s — u n it e d s t a t e s
expenditures for physiotherapy and vocational rehabilitation, 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 industria 1-accident fund.
S ec . 6626 (as amended 1921, ch. 311). Compensation to be paid; schedule.—
If any workman while he is subject to this act and in the service of an employer
who 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 beneficiaries or dependents, if
the injury result in death, shall receive compensation according to the follow
ing schedule:
(a)
Where death results from the injury the expense of burial shall be paid
in all cases, not to exceed $100 in any case; and
(1) If the workman leave a widow or invalid widower, a monthly payment of
$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 $8 per month for each child or dependent stepchild of the
deceased under the age of 16 years at the time of the occurrence of the injury
until such minor shall reach the age of 16 years. 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 $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 children
under the age of 16 years, a monthly payment of $15 shall be made to e&ch
child until such child shall reach the age of 16 years: Provided, however, That
if any child is under the age of 16 years and over the age of 15 years lie shall
be entitled to recover such payments for a period of one year.
(3) If the workman leaves no widow or widower or child under the age of
16 years, but leaves a dependent or dependents, a monthly payment shall
be made to each dependent equal to 50 per cent of the average monthly support
actually received by such dependent from the workman during the 12 months
next preceding the occurrence of the injury, but the total payments to all
dependents in any case shall not exceed $30 per month. If any dependent is
under the age of 16 years at the time of the occurrence of the injury, the
payment to such dependent shall cease when such dependent shall reach the
age of 16 years, excepting a daughter, the payment to whom shall cease when
she shall have reached the age of 18 years: Provided, however, That if any
child is under the age of 16 aud over the age of 15 years, he shall be entitled
to recover such payments for a period of one year. The payment to any
dependent shall cease if, when under the same circumstances the necessity
creating the dependency would have ceased, the injury had not happened. If
the workman is under the age of 21 years and unmarried at the time of his
death, the parents or parent of the workman shall receive $25 per month for
each month after his death until the time at which he would have arrived at
the age of 21 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 (of) a surviving spouse receiving monthly payments shall
die, leaving a child or children under the age of 16 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 16 years, be paid to the child, increased
to $15 per month: Provided, however, That if any such child is under the age
of 16 years and over the age of 15 years he shall be entitled to recover such
payments for a period of one year. Payments for incompetent dependents,
orphaned or abandoned children or children left to the care of some i>erson
other than the surviving parent or step-parent may. in the discretion 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 hands, or one
foot and one hand, total loss of eyesight, or such paralysis or other condition
permanently incapacitating the workman from performing any work at any
gainful occupation.
When permanent total disability results from the injury, the workman shall
receive monthly during the period of such disability:
(1) If unmarried at the time of the injury, the sum of $30.
TEXT OF LAWS— OREGON
431
(2) If the workman have a wife or invalid husband, but no child under
the age of 16 years, the sum of $35. If the husband is not an invalid, the
monthly payment of $35 shall be reduced to $30.
(3) If the workman have a wife or husband and a child or children under
the age of 16 years, or being a widow or widower, have any such child or
children, the monthly payment provided in the preceding paragraph shall be
increased by $8 for each such child until such child shall arrive at the age of
16 years.
(c) If the injured workman die during such period of total disability, what
ever the cause of death, leaving a widow, invalid widower, or child under the
age of 16 years, the surviving widow or invalid widower shall receive $30 per
month until death or remarriage, to be increased $8 a month for each child
under the age of 16 years until such child shall arrive at the age of 16 years;
but if such child is or shall be without father or mother, such child shall
receive $15 per month until arriving at the age of 16 years: Provided, however,
That if any child is under the age of 16 years, and over the age of 15 years, he
shall be entitled to recover such payment for the period of one year.
Upon remarriage the payments on account of a child or children shall con
tinue as before to the child or children.
(d) When the total disability is only temporary, the workman shall receive
during the period of such total disability:
1. If unmarried at the time of the injury, or, if married, having a husband
not an invalid, compensation equal to 40 per cent of wages, but not more than
$55 per month.
2. I f the workman have a wife or invalid husband, but no child under the
age of 16 years, compensation equal to 48 per cent of wages, but not more than
$65 per month.
3. If the workman have a wife or invalid husband and a child under the age
of 16 years, 53 per cent of wages, but not more than $73 per month.
4. If the workman have a wife or invalid husband and two children under the
age of 16 years, 58 per cent of wages, but not more than $81 per month.
5. If the workman have a wife or invalid husband and three children under
the age of 16 years, 63 per cent of wages, but not more than $89 per month.
6. If the workman have a wife or invalid husband and four or more children
under the age of 16 years, two-thirds of wages, but not more than $97 per
month.
7. If the workman be a widow or widower and have one or more children
under the age of 16 years, 40 per cent of wages, but not more than $55 per
month, and. on behalf of said children, 5 per cent of wages, but not more than
$8 per month additional for each child under 16 years of age.
8. In no event shall the rate of compensation for temporary total disability
be less than $30 per month for an unmarried workman, and $40 per month for
a workman having a wife or invalid husband, unless the actual wages be less
than these amounts, in which event compensation equal to wages shall be paid.
. 9. For the purposes of this act the monthly wage of workmen shall be ascer
tained by multiplying by 26 the daily wage the workman was receiving at the
time of his injury, or. in case the workman was regularly employed seven
days a week, by multiplying by 30 the daily wage the workman was receiving
at the time of his injury.
A workman, in order to be entitled 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 the right to compensa
tion for hernia, as above provided, when operated upon shall be entitled to re
ceive from the industrial accident fund, under the provisions of subdivision (d)
of this section, payment for temporary total disability for a period of 42 days.
If such workman refuses 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 temporary in char
acter, the workman shall receive for a period not exceeding two years 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.
(f) Permanent partial disability means the loss of either one arm, one hand,
one leg, one foot, lass 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
482
w o b k m e n 's c'OJa^ENSATiON la w & — U n ite d s t a t e s
known in s&rgery to be permanent partial disability. Where permanent partial
disability shall result fiknn any injury, the workman shall receive the sum of
$25 a month for the period stated afgtitost such injury, respectively, as follows:
In case* of the loss by separation of one arm at of above tlie elbow joirit* or
the permanent or complete loss of the use of one arm, 96 months;
The loss by separation of one hand at or above the wrist joint, or the perma
nent and complete loss of the use: of one hand, 76= months.
The loss by separation of one leg, at or above the knee joint, or the perma
nent and complete loss of the use of one leg. 88 months.
The loss by separation of one foot at or above the ankle joint or the perma
nent or complete loss of the use of one foot, 64 months.
The permanent and complete loss of hearing in both ears, 96 months.
The permanent and complete loss of hearing in one ear, 36 months.
The permanent and complete loss of the sight of one eye, 40 months;
The loss by separation of a thumb, 24 months.
The loss by separation of a first finger. 16 months; a second finger. 9 months;
a third finger, 8 months; a fourth finger, 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 tbe 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 tiie loss of an entire thumb or finger.
The loss by separation of a great toe. 10 months; any other toe, 4 months.
In nil other cases of injury resulting in permanent partial disability, the com
pensation shall bear such relation to the periods stated in this 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, 96*
months.
If any workman entitled to compensation on account of a permanent dis
ability shall have received compensation for either temporary total disability
or temporaryvpartial disability by reason of the same injury which shall
entitle him to compensation for permanent partial disability, the number of
months during which he shall be entitled to payments for such permanent par
tial disability shall be 111 addition to the number of monthly payments which he
shall have received 011 account of such temporary total disability or temporary
partial disability.
In case of the death of a workman receiving monthly payments on account
of permanent partial disability, such payments shall continue for 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 hereiii contained shall be construed to entitle any
person or persons to double payments on account of the death of a workman
aiid 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, qr permanent total disability
01* permanent partial disability on account of which deferred payments are
provided for a period exceeding 24 months, it shall be the duty of the commis
sion forthwith to notify the State treasurer in writing of the amount required
to equal at 4 per cent interest per annum, the present worth of the monthly
installments, payable 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 bene
ficiaries, 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 comprised in the segregated accident fnlld shall be invested by the
State treasurer in the class of securities authorized for the investment by banks
of savings deposits under the law's of the State. The segregated accident fund
and its earnings shall be charged with the payment of the installments on- ac
count of which such segregation shall be made. The State treasurer shaft keev
ati aceurrtte account of the Warnings of and payments from the segregated acci
(Tent fund a®d may borrow from the accident fund to meet monthly payment*
TEXT OF LAWS— OREGON
438
■pending conversion into cash of any security, and in sueh case shall repay such
temporary loan out of the cash realized from the security. Any deficiency in
the segregated accident fund shall be made good out of, and any balance or
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 tlie accident fund to the segre
gated accident fund or from the segregated fund to the accident fund.
(h)
Should a further accident occur to a workman already receiving a
monthly payment under this section for a disability, or who has been pre
viously the recipient of a lump sum payment under this act, his future com
pensation 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.
(/) If aggravation, diminution or termination of a disability takes place or
be discovered after the rate of compensation shall have been established or
compensation terminated in any case, the commission may, upon the applica
tion of the beneficiary, or upon its own motion, readjust for future applica
tion the rate of compensation in accordance with the rules in this section pro
vided, or, in a proper case, terminate the payments.
(j) 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.
(fc) If 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 become due to such
beneficiary into a lump-sum payment, not in any case exceeding $4,000, by
paying a sum equal to three-fourths of the present value of such monthly pay
ments, estimated as to duration by the life expectancy o f the beneficiary in
case of death or total permanent disability and computed according to the
American mortality table and 011 the basis of interest at the rate of 4 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 in
jured workman and computed as aforesaid, and thereupon all subsequent
monthly installments shall be proportionately reduced. In all cases where the
period of payments for permanent partial disability does not exceed 24 months,
tlie commission may, in its discretion, pay to the injured workman in a lump
sum an amount equal to the present worth of the monthly installments payable
to such injured workman.
The provisions of the amendments contained in this section shall apply only
to accidents and disabilities occurring 011 and after July 1, 1921.
►Sf/\ 0627 (as amended 1921, ch. 311). Willful intent.—If injury or death re
sults 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 de
liberate intention of his employer to produce such injury or death, the work
man, the widow, widower, child or dependent of the workman shall have the
privilege to take, under tills 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 110 other person shall
liiue *ir.y 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 o f other property of minors.
In the event that an employer subject to this act shall have in good faith
employed a minor under the age permitted by law, believing him to be of law
ful age, and such minor shall sustain an injury or suffer death in such em
ployment, such minor shall be conclusively presumed to have accepted the
provisions of this act and the State industrial accident commission shall have
authority to determine conclusively the good faith o f such employer unless
the employer shall have in his possession at the time o f the accident resulting
434
w o b k m e n ’s co m p en sa tio n la w s — UNITED s t a t e s
in such injury or death a certificate from some duly constituted authority of
the State of Oregon, authorising the employment of such minor in the work
in which he shall be then engaged, and such certificate shall be conclusive
evidence of the good faith of such employer. If such employer shall hold no
such certificate and said commission shall find that such employer did. not em
ploy such minor in good faith, such minor shall be entitled to the benefits of
this act, but the employer shall pay to the industrial accident fund by way of
penalty a sum equal to 25 per cent of the amouut paid out or set apart under
this act on account of the injury or death of such minor, but such sum payable
as penalty shall not exceed $500.
Sec. 6628 (as amended 1921. ch. 311). Medical, etc., aid.—The commission
shall have authority to provide, under uniform rules and regulations, first aid
to workmen who are entitled to benefits hereunder, together with transporta
tion, medical and surgical attendance and hospital accommodations 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 it, such transportation, attendance and
accommodations, and may, for the purpose of experience rating only, charge
to the account of such employers the average cost of such services as shown by.
the experience of employers in a similar industry or occupation who do not
come under the provisions of this section: Provided, ho-wever, That all such
transportation, attendance and accommodations shall be at all times subject
to the supervision and control of the commission: Provided f urther, That the
commission shall not in any one case approve the expenditure of more than
$100 for hospital accommodations, $100 for surgical and medical service, and
$50 for transportation, medicine, X-ray plates or prints and other services or
supplies, without the approval of the commission for the furnishing of addi
tional services having been secured prior to the time of the furnishing of such
additional services, supplies and transportation.
In the case of an injury resulting in the loss by any workman of a leg or arm*
that can be replaced to advantage with an artificial leg or arm, the 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 commission.
One purpose of this act is to restore the injured person as soon as possible
and as nearly as possible to a condition of self-support and maintenance 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.
Sec. 6629 (as amended 1921, oh. 311). Contribution; default.—When any
payment of contribution required by this act to be made by an employer on his
own account or on account of workmen in his employ becomes due, interest at
the rate of 1 per cent per month or fraction thereof shall be added to the amount
of such payment from and after the 1st 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 10 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 industrial
accident fund from any employer as provided in this act, 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, proceedings for the administration of estates and receiver
ships involving the employer liable therefor or the property of such employer.
TEXT OF LAWS— OREGON
435
Every employer in default in the payment of any contributions required by
this act, and who shall have received from the commission a formal notice of
default for payment, is hereby required to display such notice of default by
posting same in a place accessible to his workmen in such manner as to inform
his workmen of such default. Failure on the part of such employer to post
notice of default, as herein provided, shall be a misdemeanor.
Every employer required to make payments hereunder to the industrial acci
dent 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 property 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 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 payments hereunder on account of labor per
formed 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 commencement of such labor upon such property and shall be prior to all
other liens and encumbrances except labor liens. In order to avail itself of
the lien hereby created the commission shall, within 60 days after the employer
primarily liable for the payment on account of which such lien is hereby author
ized shall make default in such payment, file with the county clerk of the county
within which such property shall then be situated a statement in writing de
scribing the property 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 personal property.
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 de
fendant 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.
When any employer is in default iu the payment of any contribution inquired
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 industrial accident fund.
If such amount shall be less than the compensation herein provided, the com
mission 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 industrial accident fund. In any suit brought upon such cause of action
the defense withdrawn by section 6620 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.
Sec. 6630. Safety laws.— [It is the duty of the industrial accident commission
to investigate cases of failure to install or maintain safety appliances and
report facts of any violations of law to the prosecuting attorney for the
district.]
m
w o r k m e n 's COMPENSATION LAWS— UNITED STATES
S ec . 6631. Assignment^ etc.; payments to aliens.— [Benefits under the act
are exempt from assignment prior to their receipt, and may not pass by
operation o f the law. No money paid or payable i« liable for execution, attach*
ifient, or garnishment.
Payments to nonresident alien beneficiaries may be made to the consul general
of the alien government whose receipt is a release.]
Secs. 6832 (as amended 1925, ch. 133). 6633. 6634 (as amended 1921. ch. 311),
6633. Procedure; records.— [Claims must be filed for compensation, the attend
ing physician to furnish a certificate on a blank furnished by the commission.
I f the injury is fatal, proof of death and proof of relationship must be sub
mitted. Compensation may be readjusted on grounds of aggravation of dis
ability subsequent to the award on application made within one year from the
date of the first award of compensation. The power and jurisdiction of the
commission is continuing, and it may on its own motion modify former findings
or awards, but no appeal from or review of such proceedings shall be had.
Claims in nonfatal cases must be filed within three months from the date
of the injury and in fatal cases within one year. The commission may in its
discretion allow one year for the filing of nonfatal claims. Willfully making
false statements or representations for the purpose of obtaining benefits for
oneself or another is a felony.
Workmen entitled to compensation under the act must, if requested by the
commission, submit to medical examinations at times and places reasonably
convenient as may be provided by the rules of the commission. Refusal sus
pends and bars compensation for the period thereof. If the workman commits
unsanitary or injurious practices judged by the commission to tend to imperil
or retard recovery, or if he refuses reasonable medical or surgical treatment,
the right to compensation must be suspended and no payment made for such
period, and the commission may reduce the condensation period to such an
extent as they shall determine the disability to have been increased by such
refusal.
An injured workman must at once report his accident, stating time, cause,
and nature and other matters prescribed by the rules and regulations of the
commission. Books, records, and pay rolls of the employer pertinent to the
administration of the act are to be open to inspection by the commission or its
agent. Employers subject to the act must keep true and accurate records of
their employees, the wages paid, the occupations and the number of days
worked. Willful misrepresentation entails liability in a sum equal to ten times
the difference between computed contributions and that which would have
been due on the correct computation. Failure or refusal to report accidents
or to submit books, etc., for inspection is a misdemeanor.]
S e c . 6036 (as amended 1923, ch. 133). Public employees; nonha zardous
employments.— [The State and its departments, subdivisions, and agencies en
gaged in any occupation, whether hazardous or nonlmzardous, and any employer
engaged in occupations other than those defined in section 6617 of the act,
may make written application to the commission to fix a rate of contribution
based on the hazard of the occupation and may file notice in writing o f an
election to contribute. Notice of the fact must be conspicuously posted, and
workmen are entitled to give notice of rejection. In the ab:<ence of rejection
the act applies to the employer and his employees and he or it must pay the
rate of compensation fixed and is entitled to a reduction of such rate in the
manner provided by section 6624 and shall retain and pay to the commission
the proportion of his workmen’s wages prescribed by that section.]
Sec. 6636-1 (added 1925, ch. 133), 6637 (as amended 1921, ch. 311; 1925, ch.
133). Appeals.— [The commission has full power and authority to hear and
determine all questions within its jurisdiction. Any claimant, aggrieved by
its order or decision must, before he appeals to the courts, file an application
for a rehearing within 60 days from the date when a copy of the order, decision
or award of the commission was mailed to him. Applications shall set forth
the grounds of complaint and the commission may deny the rehearing and
confirm its previous decision or award, or if the evidence sustains the conten
tion, it may allow the relief asked ; otherwise it shall order a rehearing to
decide the issues raised. On the rehearing all facts shall be considered, in
cluding new evidence. Within 30 days after the final order or application
for rehearing or oftfcr rehearing is denied; the claimant may appeal to the
circuit court on issues of law. The commission shall file a certified copy of
TEXT OF LAWS-— O»E0ON
437
the documents in the case, and the court passes on. the construction of law an A
facts rendering its decision of- confirmation, reversal, or modification-: I f trial
o f fact by jury is had the court is bound by any decision of the jury as to
question of fact submitted. If an award is modified or reversed it may be
referred back to the commission with directions to fix the compensation ac
cording to the findings made by the court. Costs are to be taxed against the
unsuccessful party.
Appeals may be taken from the judgment of the circuit court as in other
cases. The attorney general is the legal adviser of the commission and he,,
or the district attorney of any county under his direction, must, on the request
of the commission, institute or prosecute proceedings for the enforcement of the
provisions of the act. The commission may employ an attorney to represent
it in collecting delinquent contributions to the fund and interest and penalties
accruing and to conduct actions in its behalf.].
S e c . (>(vJ8 (as amended 1021, cli. 311; 192i>, ch. 133). Disbursements.— [Dis
bursements from the various funds may be made only on warrants drawn by
the secretary of state on approved vouchers transmitted to him by the commis
sion. An initial appropriation was made establishing an emergency fund.
Tlie State treasurer is custodian of the funds.]
Secs. 6639, 6640 (transitory), 6611. Construction.— [The act is to be liberally
construed for the purpose of carrying out its intent.]
C
h apter
II
S e c t i o n 6642. Who arc employers.—An employer under the terms of this act
shall be taken to mean all persons, firms, companies, corporations; or associa
tions of persons, not including employers engaged in interstate commerce,
doing business within this State who have been withholding or who may
hereafter withhold or accept any portion of the wages of their employees for
medical, surgical, or hospital care and attention.
Wherever the word “ contractor ” is used in this act, it shall be understood
to include any individual, firm, association, or company wliich may contract
with any employer for the medical, surgical, or hospital care and attention of
his employees.
Seo. 6643. Deductions for expenses, etc.—On or after July 1, 1917, it shall
lie unlawful for any employer to deduct, withhold, or accept any portion of
the wages of any employee for medical, surgical, or hospital care and attention,
or to expend any portion of the wages deducted or accepted for such purpose?
except as provided in this act.
Sec. 6644. Deductions must be reasonable.—It shall be lawful for an em
ployer to collect or deduct a portion of the wages of his employees for medical,*
surgical, or hospital care and attention in such an amount and in such a
manner as may be reasonable: Provided, That if any employee shall.complain
to the industrial accident commission as to the amount or manner of sfiid*
deduction, then it shall be unlawful, after notice by said commission*, for any
employer to deduct or accept any portion of the wages of his employees,
except in the manner and amounts approved by the said industrial accident
commission: Provided, That it shall be unlawful for any employer to directly,
.or indirectly retain any portion of the said fund, so collected, for his own Use
or benefit, it being the intentiou of this act that the money so collected by the
employer shall be a trust fund and shall be kept in separate accounts and1
promptly paid over for the purpose for which it is so collected, and shall in
no event become a part of the assets of any such employer.
Sec. 6645. Contracts with physicians.—It shali be lawful for employers to
make contracts with contractors with regard to the funds of his employees
collected under the provisions of section 6644: Provided, That the industrial'
accident commission shall have power and authority to cancel any such contract
whenever it shall deem that the physician selected to give service is not
reasonably competent or the service furnished is not reasonably efficient:
Provided further, That no contract shali be valid or effective between an
employer and any contractor which shall extend over a period of more that*
one year, except that the contractor may make a valid contract for two years
with the previous consent of the commission.
S e c . 6646. Statements of contractors.—Each contractor shall, on the 1st
day of July and the 1st day of January of each year, make a statement to
the industrial accident commission showing the amount of funds received from
each employer during tlie preceding six months.
438
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S e c . 6647. Supervision by commission.—The supervision given to the Indus-:
trial accident commission, under the provisions of this act, shall be exercised
for the best interests of the employees, and any complaint made by any em
ployee to said industrial accident commission hereunder shall be made in
writing and subscribed and sworn to.
S e c . 6648. Reports by employers.—The industrial accident commission i s
hereby authorized to demand from the employer such sworn statements and
reports as may be reasonably deemed necessary in the administration of
this act.
Sex:. 6649. Violations.—Any person violating any of the provisions of this
act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall
be punished by a fine of not less than $.100 nor more than $500.
C
h apter
III
S e c t i o n 6650. Reports of accidents.—Every railroad (as defined in section
5829) and every public utility (as defined in section 6030) and every other per
son, firm, association, or corporation, including receivers appointed by any
court, who employs more than three persons at the same time, or is subject
to the provisions of Chapter I of Title XXVII shall report to the State indus
trial accident commission any and all accidents happening to any person upon
the premises of such railroad, public utility, or employer, or to any workman
or employee. Such report shall be made within five days from the occurrence
of such accident and shall state:
1. The time, place, cause, and nature of the accident and injuries, the name,
sex, age, and particular relationship between the person injured and the person
so reporting, 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, or out of any relationship as passenger or patron of the railroad
or public utility.
3. Any other matters which by its rules and regulations the State industrial
accident commission may prescribe.
S e c . 6651. Report; hoic used.—The State industrial accident commission shall
preserve such reports as a public record available for the use of any other de
partment or agency of the State government, and shall publish a summary
thereof in its reports to the governor.
S e c . 6652. Notice of accidents.—Every railroad and public utility shall, in
addition to the reports required by section 6650 hereof, give immediate notice
by telegraph, telephone, or personally, to the railroad commission of Oregon
whenever any accident occurs within this State upon its premises, line of
railroad, depot grounds or yards, or directly or indirectly arises from or con
nected with its maintenance or operation, which accident is attended by loss of
human life or limb, or serious injury to property. The railroad commission
of Oregon may, if it deem the public interest requires it, investigate such acci
dent forthwith, after seasonably notifying the railroad or public utility of the
time and place of the investigation.
Sec. 6653. Reports not to be used, when.—No report or any part thereof
required by this act shall be used as evidence or used for any purpose against
the railroad, public utility, or other employer in any suit or action for damages
growing out of any matter mentioned in said report.
Sec. 6654. Penalty.—Any person, firm, association, or corporation, subject
to the provisions of this act, which shall fail, neglect, omit, or refuse to make
any report herein required, shall be guilty of a misdemeanor, and upon con
viction thereof shall be liable to a fine of not less than $5 nor more than $100,
or to imprisonment in the county jail for not more than 30 days, or both, in
the discretion of the court.
C h apter
IV
S e c t i o n 6655. Rehabilitation fund.—There is hereby created a fund to be
known as the rehabilitation fund. The State treasurer shall transfer $100,000
from the industrial-accident fund to the rehabilitation fund, and there shall
also Ik * transferred to such fund monthly 2 % per cent of the total monthly
receipts of the State industrial accident commission from all sources. When
ever the unexpended balance of the rehabilitation fund is greater than $75,000
the commission shall temporarily either reduce the percentage of total monthly
439.
TEXT OF LAWS— OREGON
receipts to be transferred to said fund or suspend such transfer. The said
fund shall be invested in the same manner as the money in the segregated
accident fund is invested. All interest earnings of the rehabilitation fund
shall be credited to the industrial accident fund.
Sec. 6656. Rules.—The said commission is hereby authorized to provide, under
uniform rules and regulations, for the vocational rehabilitation of men and
women injured by accident arising out of and in the course of their employment
while working under the protection of the workmen’s compensation law.
Sec. 6657. Expenditures.—The said commission is hereby authorized to ex
pend as much of the said rehabilitation fund as may be necessary to accomplish
the vocational rehabilitation of men and women injured as aforesaid: Provided,
however, That nothing in this act shall be construed to amend or repeal the
authority of the said commission under section 6628, to expend from the indus
trial accident fund money for the rent of buildings, the purchase of equipment
and supplies, the payment of such doctors and nurses as may be necessary for
the purpose of physical rehabilitation of injured workmen under said section
6628.
S e c . 6658. Duty of school boards.— E v e r y s c h o o l b o a r d o f e v e r y s c h o o l d i s t r i c t
m a in ta in in g v o c a tio n a l in s tr u c to r s o r d e p a r tm e n ts o f a n y k in d , s h a ll u p o n a p p li
c a tio n
o f th e
S ta t e in d u s tr ia l a c c id e n t c o m m is s io n , a n d
p e r m it, fu r n is h , to
v o c a tio n a l
c o m m issio n
any
in s tr u c tio n
p erson
as
s h a ll c a u s e
to
is
o r p e r s o n s d e s ig n a te d
p r o v id e d
be
p a id
to
fo r
s a id
s tr u c tio n a s n e a r ly a s m a y b e e s tim a te d
th e
p u p ils
d is tr ic t
b y s a id
w hen
by
of
th e
its
fa c ilitie s
w ill
sa id
c o m m is s io n ,
su ch
s a id
d is tr ic t
sa id
a c tu a l
cost
of
and
su ch
in
sch ool board .
S e c . 6659. Who provided for.—Upon application of the State industrial acci
dent commission, the State board of control shall provide, for any person or
persons designated by said commission, such vocational instruction at the
Oregon State schools for the blind and the deaf as is furnished to the other pupils •
of said school, and said commission shall cause to be paid therefor to the State
board of control such tuition charges as may be fixed by said board, which
amount may be expended by said board for the support and maintenance of
said school.
ACTS OF 1921
C hapter
401.—Actions for injuries
[This chapter provides that if any employer covered by the act is subjected
to an action for damages by an employee on account of an injury arising out
of and in the course of his employment, the State industrial accident commis
sion shall defend, being represented by the attorney general, the expense to b e
met from the industrial-accident fund.]
PENNSYLVANIA
CONSTITUTION
A h t io l e
3
S e c t i o n 21 (as amended 1915). Legislature authorised to pas* compensation
law*.—The general assembly may enact laws requiring- the payment by em
ployers, or employers and employees jointly, of reasonable compensation for in
juries to employees arising in the course of their employment, and for occupa
tional 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 recov
ered 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 prose
cuted. No act shall prescribe any limitations 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
Act No. 338.—Compensation of workmen for injuries
A
r t ic l e
I.—Interpretation and definition
S e c t i o n 1. Title and scope of aet.-~-This act shall be called and cited as the
workmen’s compensation act of 1915, and shall apply to all accidents occurring
within this Commonwealth-, irrespective of the place where the contract of
hiring was made, renewed, or extended, and shall not apply to any accident
occurring outside of the Commonwealth.
Sec. 102. Kumbers and genders.—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.
Sec. 103. Employer.—The term 44employer ” as used in this act is declared to
be synonymous with master, and to include natural persons, partnerships, jointstock companies, corporations for profit, corporations not for profit, municipal
corporations, the Commonwealth, and all governmental agencies created by it.
Sec. 10-1. Employee.—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 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 worker’s own home or on other premises
not under the control or management of the employer.
S e c . 105. Contractor.—The term “ contractor” as used in article 2, section
203, and article 3, section 302 (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 contractor has
sublet any part of the work which such principal contractor has undertaken.
Sec. 100. Public authorities.—The exercise and performance of the powers
and duties of a local or other public authority shall, for the purposes of this
act, be treated as the trade or business of the authority.
Sec. 107. Definitions.—The term “ bureau ” when 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 compen
sation board of the bureau.
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TEXT OF LAWS-— PEN NSYLVANIA
A
r t ic l e
441
II.—Damages by- action at law
S e c t i o n s 201-204. Suits for damages.■
—[In actions at law to recover damages*
for injuries to employees, the employer may not plead the common law defenses*
and is liable for the negligence of all the employees while acting within the
scope of their employment, including employees lieenscd; by the State or other
Governmental authority if the employer is allowed by law the right of free
selection of sucli employees from the class of persona licensed. An employer
who permits a laborer or assistant hired by another employee or contractor to
enter his promises for the performance of a part of tho employer’s regular
business, is liable to such employee to the same extent as to his own.
Agreements or waivers are void as against the public policy of a State; nor
tvilf the receipt of benefits from any association, system or fund bar recovery of
dtfmages by action at law nor of compensation under Article 111 of this act
and any release executed in consideration of such benefits is void.}
A
r t ic l e
III.—Elective compensation
S e c t io n 301. Act applies, when.—Wlien employer and employees shall by
agreement, either express or implied, as hereinafter provided, accept the pro
visions 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 300 and 307 of this article:
Provided, That no Compensation shall be made when the injury or death be
intentionally self-inflicted, but the burden of proof of such fact shall be upon
the* employer.
The terms “ injury** and “ personal injury,f as used in this act 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
300 weeks after the 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 dther injuries sustained while the employee
is actually engaged iti the furtherance of the business or affairs of the em
ployer, 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 tlie nature of
his employment.
S e c s . 302-304. Presumptions of acceptance.— [All contracts of hiriug raise
a conclusive presumption that the parties have accepted the provisions of'
Article III in the absence of an express statement in writing by either party
to the other, also filed with the bureau within 10 days, declares that the
provisions of the article are not intended to apply. In the employment of
minors the presumption exists in the absence of written notice by the parent
or guardian. No official of agent of the State or its subdivisions may give
sttch notice of rejection. The presumption of the employer’s acceptance
extends to employees of contractors unless the employer has posted conspicu
ously a notice of his intention not to pay such compensation, filing the same
with the bureau as above; and the employees themselves are presumed to
have accepted the act in the absence of notice.
The remedy provided is exclusive when accepted and operates as a surren
der of all other forms of recovery, binding personal representatives and
next of kin. Election or rejection may be changed prior to any accident on
60 d a y s ’ notice in writing filed with the bureau.]
Skc. 305 (as amended 1921. No. 67). Insurance.— [Employers under tlie act
must insure the payment of compensation in the State workmen's insurance
fund, or in any authorized insurance company, unless the employer is exempt
from insurance on a satisfactory showing of financial ability. In the latter
case further statements of such ability may be required and the right may
442
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states
be revoked, whereupon the employer must immediately insure in the State
fund or otherwise. Failure to insure subjects the employer to a penalty of
$1 per day for each employee for the period, but a second notice with a bill
for lines incurred must be sent by registered mail within 30 days after the
employer’s fines begin to run. J
S e c . 306 (as amended 1919, No. 277; 1921, No. 342; 1923, No. 29). Schedule;
mcdical, etc., aid.—The following schedule of compensation is hereby established
for injuries resulting in total disability:
(a)
For the first 500 weeks after the tenth day of total disability, 60 per
cent of the wages of the injured employee, as defined in section 309; but the
compensation shall not be more than $12 per week nor less than $6 per week,
and shall not exceed in aggregate the sum of $5,000: Provided, That, if
at the time of injury the employee receives wages of less than $6 per week,
then he shall receive the full amount of such wages per week as compensa
tion. 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 500 weeks mentioned in this clause of this section shall be re
duced by the number of weeks during which compensation was paid for such
partial disability.
(?>) For disability partial in character (except the particular cases men
tioned in clause ( c ) ), 60 per cent of tlie difference between the wages of
the injured employee, as defined in section 309, and the earning power of the
employee thereafter; but such compensation shall not be more than $12 per
week. This compensation shall be paid during the period of such partial
disability; not, however, beyond 300 weeks after the tenth day of such paitial
disability. Should total disability be followed by partial disability, tlie period
of 300 weeks mentioned in this clause shall be reduced by the number of weeks
during which compensation was paid for such total disability.
(c)
For all disability resulting from permanent injuries of the following
classes, the compensation shall be exclusively as follows:
For the loss of a hand, 60 per cent of wages during 175 weeks.
For the loss of an arm, 60 per cent of wages during 215 weeks.
For the loss of a foot, 60 per cent of wages during 150 weeks.
For the loss of a leg, 60 per cent of wages during 215 weeks.
For the loss of an eye, 60 per cent of wages during 125 weeks.
For the loss of a thumb, 60 per cent of wages during 60 weeks.
For the loss of a first finger, commonly called index finger, 60 per cent of
wages during 35 weeks.
For the loss of a second finger, 60 per cent of wages during 30 weeks.
For the loss of a third finger, 60 per cent of wages during 20 weeks.
For the loss of a fourth finger, commonly called little finger, 60 per cent of
wages during 15 weeks.
The loss of the first phalange of the thumb, or of any finger, shall be
considered equivalent to the loss of one-haif of such thumb or finger.
The loss of more than one phalange of a thumb or finger shall be considered
equivalent to the loss of the entire thumb or finger.
For the loss of any two or more of such members, or the permanent loss of
the use of the hand, arm, foot, leg. or eye, as hereinbefore provided, not con
stituting total disability, 60 per cent of wages during the aggregate of the
periods specified for each.
For serious and permanent disfigurement of the head or face of such a
character as to produce an unsightly appearance, and such as is not usually
incident to the employment, 60 per cent of the wages, not to exceed 150 weeks.
Unless the board shall otherwise determine, the loss of both hands or both
arms or both feet or both legs or both eyes shall constitute total disability,
to be compensated according to the povisions 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 $12 per week nor less than $6 per
week: Provided, That, if at the time of injury the employee receives wages of
less than $6 per week, then he shall receive the full amount of such wages
per week as compensation.
TEXT OP LAWS— PENNSYLVANIA
443
(<*) No compensation shall be allowed for the first 10 days after disability
begins, except as hereinafter provided in clause (e) of this section.
(e) During the first 30 days after disability begins the employer shall fur
nish reasonable surgical and medical services, medicines, and supplies, as and
when needed, unless the employee refuses to allow them to be furnished by the
employer. The cost of such services, medicines, and supplies shall not exceed
$100. If the employer shall, upon application made to him, refuse to furnish
such services, medicines, and supplies, the employee may procure the same, and
shall receive from the employer the reasonable cost thereof within the above
limitations. In addition to the above services, medicines, and supplies, hospital
treatment, services, and supplies shall be furnished by the employer for the
said period of 30 days. The cost for such hospital treatment, service, and
supplies shall not in any case exceed the prevailing charge in the hospital
for like services to other individuals. If the employee shall refuse reasonable
surgical, medical,, and hospital services, medicines, and supplies, tendered to
him by his employer, he shall forfeit all right to compensation for any injury
or any increase in his incapacity shown to have resulted from such refusal.
(f) Should the employee die as a result of the injury, the period during
which compensation shall be payable to his dependents, under section 307 of
this article, shall be reduced by the period during which compensation was paid
to him in his lifetime, under this section of this article. No reduction shall
be made for the amount which may have been paid 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 (amended 1919, No. 277; 1923, No. 432). Compensation far death.—
In case of 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 entitled to
compensation, 30 per cent of wages of deceased, with 10 per cent additional foa
each child in excess of two, with a maximum of 60 per cent, to be paid to
their guardian.
2. To the widow or widower, if there be no children, 40 per cent of wages.
3. To the widow or widower, if there be one child, 50 per cent of wages.
4. To the widow or widower, if there be two or more children, 60 per cent
of wages.
5. If there be neither widow, widower, nor children entitled to compensa
tion, then to the father or mother, if dependent to any extent upon the em
ployee at the time of the accident, 20 per cent 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 40 per cent of wages.
6. If there be neither widow, widower, children, nor dependent parent en
titled to compensation, then to the brothers and sisters, if actually dependent
to any extent upon the decedent for support at the time of his death, 15 per
cent of wages for one brother or sister, and 5 per cent additional for each
additional brother or sister, with a maximum of 25 per cent, such compensation
to be paid to their guardian.
7. Whether or not there be dependents as aforesaid, the reasonable expense
of burial, not exceeding $100, which shall be paid by the employer or insurer
directly to the undertaker (without deduction of any amounts theretofore
paid for compensation or for medical expenses).
Compensation shall be payable under this section to or on account of any
child, brother, or sister, only if and while such child, brother, and sister is
under the age of 16. 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 dependent apon him for support. No compensa
tion 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
«pon her for support. The terms “ child ” and “ children ” shall include step
children and adopted children and children to whom he stood in
loco parentis, if members of decedent’s household at the time of his
death, and shall include posthumous children. Should any dependent of a
deceased employee die or remarry, or should the widower become capable
1965°—26----- 29
444
w o r k m e n ’ s c o m p e n s a t io n
i ,a w s —
UNITED
states
of self-support, the right of such dei>endent or widower, to compensation
under this section, shall cease: Provided, however. That upon the re
marriage of any widow, other than a nonresident alien widow, the em
ployer shall pay to such widow the then value of the compensation pay
able to her. during one-third of the period during which compensation then
remains payable but not exceeding 100 weeks, calculated in accordance with
the provisions of section 816 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 Ihem liad they been the only persons entitled to com
pensation at the time of the death of the deceased.
Tho wages upon which death compensation shall be based shall not in any
case be taken to exceed .$20 per week, nor be less than $10 per week.
This condensation shall be paid during 300 weeks, and, in the case of chil
dren entitled to compensation under this section, the compensation of each
child shall continue after said period of 300 weeks until such child reaches
the age of 16, at the rate of 15 per cent of wages, if there be but one child,
with .10 per cent additional for each additional child, with a maximum of 50 per
cent. The board may, if the best interest of a child or children shall so re
quire, at any time order and direct the compensation payable to a widow or wid
ower on account of any child or children to be paid to the guardian of such child or
children, or, if there be no guardian, to such other person as the l>oard as
hereinafter provided may direct. If there be no guardian or committee of
any minor, dependent, or insane employee or dependent on whose a-ecount com
pensation is payable, the amount payable on account of such minor, dependent,
or insane employee or dependent may be paid to any surviving parent, or to
sucli other person as the board may order and direct, and the hoard may
require any person, other than a guardian or committee, to whom it has di
rected compensation for a minor, dependent, or insane employee or dependent
to be paid, to render, as and when it shall so order, accounts of the receipts
and disbursements of such person, and to file with it a satisfactory bond in a
sum sufficient to secure the proper application of the moneys received by
such person.
S ec. 308. Installments.—Except as hereinafter provided, all compensation pay
able under this article shall be payable in periodical installments, as the wages
of tho employee were payable before the accident.
Sec. 300 (amended 1919, No. 277). Computing wages.—Wherever in this ar
ticle 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 employe '
receives board and lodging as a part of his wages, the board shall be rated at
5o cents per day, and board together with lodging shall be rated at $1 per day,
for the purpose of computing wages. In seasonal occupations the employweekly wages shall be taken to be one-fiftieth of the total wages which he hfis
earned from all occupations during the year immediately preceding the acci
dent. *mU>ss it be shown that dur’nx such year, by reason of exceptional causes,
such method of computation does not ascertain fairly the earnings of the em
ployee; in which case the period for calculation shall be extended so far as, to
give a basis for the fair ascertainment of his average weekly earnings. In
continuous employments, if immediately prior to the accident the rate of wases
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 dur
ing 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 wivk, the weekly wage shall be found by multi
plying his average earnings for working-day by six, six and one-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 con
current contracts with two or more employers, 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 employer less than
one full week, and by reason of the shortness of time during which the employee
TEXT OP LAWS— PENNSYLVANIA
445
has been in the employment of the employer or the nature or terms of the
employment it is impracticable to ascertain the average weekly wages as herein
before provided, the average weekly amount which during the six months
previous to the injury has l>een earned by other persons employed by the same
employer under similar contracts of hiring, or, if there are no other persons so
employed, by other persons employed by other employers under similar con
tracts of hiring under similar conditions, shall be taken as the basis for the as
certainment of the weekly wages of such employee.
Sec. 810. Nonresident aliens.— [Alien dependent widows and children not
residents of the United States receive two-thirds the amount of benefits pro
vided for residents, and all future payments may be commuted to a lump sum
as provided in section 316. Alien widowers, parents* brothers, and sisters not
residents of the United States are entitled to no compensation. Nonresident
alien dependents may be officially represented by the consuls of their nations.]
S ecs . 311-313. Notice.— [Unless the employer has actual knowledge of the
occurrence of the injury, or the injured person or his dependents or some one
in their behalf gives notice of the accident within 14 days, no compensation
will be due until notice is given or knowledge obtained. Failure may l>e
excused on grounds of mistake, ignorance, inability, fraud, or other reasonable
cause unless the employer shows that he did not know and that by reason
able diligence could not have learned of the accident and was prejudiced
thereby, in which case he will be relieved to the extent of such prejudice. A
suggested form of notice is given, but variations do not invalidate. Service
may be personal or by registered mail. Knowledge of the president, vice presi
dent, secretary, or treasurer of the corporation is knowledge of the employer.]
S ec. 314. Medieal examinations.— [Standard provisions as to submission to
examination, the presence of the employee’s physician, and the effect of refusal
to submit are enacted. Refusal to submit deprives of the right to compensa
tion. After the first examination refusal to submit either before or after an
agreement bars the payment of benefits for the period of such refusal.]
Sec. 315. Claims.— [Compensation is barred unless within one year the
parties have agreed on the compensation payable, or one of them has filed a
petition as provided in Article IV. The period of limitation begins in fatal
cases with the date of the death; but if payments of compensation have been
made in any case, the limitation runs from the time of the making of the last
payment.]
Sec. 316. Lump sums.—The compensation contemplated by this article may
at any time be commuted by the board, at its then value when discounted at 5
per cent interest, with annual rests, disregarding the probability of the bene
ficiary’s death, 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 em
ployee 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 310 hereof, and in this
section, no commutation of compensation shall be made.
Sec. 317. Deposits.— [At any time after an agreement has been approved or
an award made a sum equal to future installments where the nature of the
injury renders the amount certain, may be deposited with the approval of the
bureau with an approved depositary to be held in trust, altd paid as compensa
tion, the employer being thereby released. Any balance remaining when the
obligations are discharged must be repaid to the employer.]
Sec. 318. Preferences.— [Compensation granted by this article has the same
preference without limit as to amount as allowed for unpaid wages, but is not
to have priority over recorded judgments, mortgages, or conveyances of land.
Claims are not assignable and are exempt from claims of creditors, levy, execu
tion, or attachment excepting as provided in section 501.]
Sec. 310. Subrogation.—Where a third person is liable to the employee or the
dependents 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 the compensation thereto
fore paid by the employer 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.
446
w o r k m e n ’ s co m p en sa tio n la w s — u n it e d s t a t e s
A rticle
IV (as amended by act No. 277, Acts of 1919).—Procedure
S ection 401. Definitions.—The term “ referee ” when used in this article shall
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 employer
as defined in article 1 of this act. or his .Inly authorized agent, or his insurer,
if such insurer has assumed the employer’s liability, or the fund, if the
employer be insured therein.
S ecs . 402-434. Procedure.— [Proceedings before the board or any referee and
all appeals to be made are instituted by petitions in writing addressed to the
board, mailed or delivered to the bureau. The bureau records and dockets all
agreements and proceedings, and on receiving from the board any approval or
disapproval of agreement or disallowance of compensation, it is to serve a copy
thereof on all parties in interest, keeping careful record of the date of mailing.
Agreements may be made after the tenth day after any accident, to be in
writing signed by the parties in interest The board is to examine the agree
ment .or duplicate thereof and determine its conformity to the provisions of the
act and notify the parties as to their conclusions; but payments made prior to
any notice of invalidity discharge the employer making such payments to that
extent All agreements may be modified, suspended, reinstated, or terminated
by approved supplemental agreements based on the change of physical condi
tion or status of tlie injured employee or the status of any dependent. If the
parties fail to agree as to the facts or the amount payable, a petition may be
submitted to the board stating the agreed facts, whereupon the board shall fix
a time for hearing, notifying the parties in interest. Petitions for commuta
tion are to be likewise submitted to the board. Hearings may be by the board
directly or by a referee. The board or its referee may at any time review,
modify, or set aside an original or supplemental agreement or petition, if it
appears that the agreement was procured by fraud, coercion, or other improper
conduct, or was founded upon a mistake of law or of fact. Changes may also
be made on the basis of change in physical condition of the workman or the
status of his dependents; such modifications date from the period of such
change. Details of procedure direct prompt action, set forth the power of the
board or its referee to subpoena witnesses, and order the production of books
aud other writings, hear evidence, and make findings of fact and conclusions
of law, the former to be final unless a rehearing or a hearing de novo is granted.
Special reference may be made for findings on questions of fact. An impartial
physician or surgeon may be appointed to examine and report all injuries, and
other experts may be called in as necessary to ascertain the facts, the ex
penses to be paid out of the departmental funds and taxed as costs of the
proceedings as the board may direct All hearings are to be public. The board
and its referees are not bound by technical rules of evidence. Provision is
made for the taking of depositions and the use of the records of hospitals,
though the latter are not conclusive proof but only visible as evidence.
Within 10 days after a referee’s decision an appeal may be taken to the
board on contentions that the decision does not conform to the terms of the
act, or that the referee committed some other error of law ; that the evidence
does not sustain the decision, or that it was procured by fraud, coercion, or
other improper conduct. The board may thereupon examine the testimony and
substitute its own conclusions. Appeals must be allowed if based on alleged
error of law; if based on claim or fraud, coercion, etc., the board may, in
its discretion, grant a hearing de novo before itself, or assign the petition
to any referee designated by it, or sustain the referee’s decision. Provision
is also made for appeals to the court of common pleas of the county within
10 days after any action of the board on matters of law; appeal also lies to
the supreme or superior court from a judgment of the court of common pleas
within 30 days after the entry of said judgment.
Approved agreements or awards may be filed with the prothonotary of the
court of common pleas of the county who shall enter the same, whereupon it
lias the effect of a judgment enforceable by lien against the property of the
employer or other party liable under the agreement or award. Provision is
made for disapprovals or disallowances, modifications, etc.; also for the
presentation of receipts of payments made, whereupon a certificate shall be
given setting forth the extent to which the judgment on the agreement or
TEXT OF LAWS— PENNSYLVANIA
447
award has been reduced, or, if fully satisfied, a certificate to that effect. Final
receipts given by an employee or dependent are prima facie evidence of the
employer’s liability, but may be set aside on petition if found to have been
procured by fraud, coercion, or founded on a mistake of law or of fact.]
A rticle
V.—Oetieral provisions
S ection 501. Fees.— [Fees for legal services are an enforceable lien against
the amount recovered as damages under Article II only as approved by the
judge of the local court. Claims for legal services in connection with pro
curing compensation must be approved by the board, and if the employer is
then notified in writing, constitute a lien against the sums payable. The board
must fix the proportion of periodical installments that may be paid on account
of legal services.]
S ecs . 502-505. Miscellaneous provisions.— [The unconstitutionality of part
of the act is not to affect other parts, except that Articles II and III are in
separable. Prior rights of action are not affected, inconsistent laws are re
pealed, and the act is to be effective January 1, 1916.]
A ct
No. 340.—Workmen’s compensation insurance board—State fund
S ection 1. Use of terms.—The State workmen's insurance board is herein
after 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.
Sec, 2. Board created.—The State workmen’s insurance board is hereby
created, consisting of the commissioner of labor and industry, the insurance
commissioner, and the State treasurer.
S ecs . 3-7, 8 (as amended 1917, No. 395), 9, 10, 11 (as amended 1917, No.
395), 12-14. State fund.— [A State fund is to be made up of premiums paid
by employers, to be administered by the board without liability on the part
of the State, except as herein provided by the amount of such payments. The
State treasurer is custodian and has authority to make deposits, as in the case
of other State funds and investments as authorized for savings banks. Sched
ules of premiums are to be prepared and published by the board, the rates
to be in accordance with the probable risk of the employees in the various
employments or industries. The condition of the particular establishment
may be considered and premiums may be increased in the case of any sub
scriber neglecting to provide safety devices required by law or disobeying the
rules or regulations made by the board. Insurance is effective only after
full payment of the premiums as fixed and determined for any subscriber.
The board must file with the bureau a notice setting forth the names and
places of business of employers who are subscribers to the fund.
Expenses are to be met out of the moneys paid in as premiums by sub
scribers after an initial appropriation made for setting the fund into opera
tion. Subscribers are to be classified according to the nature of their busi
ness and the risk of injury; subdivisions may be made if the risks are sub
stantially different. A surplus fund is to be set up by an appropriation
of 5 per cent of the premiums until $100,000 is accumulated, when such
percentage not exceeding 5 per cent may be added until an accumulation
sufficiently large to cover the catastrophe hazard is made. Separate accounts
of premiums are to be made, dividends declared after adequate reserves have
been provided for, and settlements made with subscribers who have ceased to
belong to the fund.
The board has power to make contracts for necessary medical, hospital, and
surgical services as provided for in the compensation act, and may reinsure any
risk which they deem necessary.]
Sec. 15. Inspections.— [The board may inspect any plant or premises of a
subscriber, examine books, records, and pay rolls, establish rules and regu
lations for the prevention of injuries, and refuse or terminate insurance
where violations of safety regulations are found or examinations are denied.]
Secs. 16-20. Subscribing to fund.—-[Employers deciding to become subscribers
to the State fund apply in writing, stating the nature of their business,
the number of employees by classes, the amount of wages, location of the
business, and of the employer’s office, whereupon the board investigates
and issues a certificate accordingly, fixing the amount of premium payable
448
w o r k m e n 's COMPENSATION LAWS— VNITED STATES
for the year. No insurance is issued for a longer period than a single cal
endar year. All premiums are payable to the Skite treasurer, whose receipt
is evidence that the applicant is a subscriber to the fund and insured therein.
Within one month after the subscription has terminated subscribers must
report actual employment and wage expenditure for the period, whereupon
adjustments will be made on proof of statements submitted. If further
amounts are due from employers, they are payable forthwith, and if unpaid
are collectible as State taxes with interest at 12 per cent per annum
commencing 30 days after service of notice by registered mail. False state
ments by any subscriber are a misdemeanor, and failure to file the report
of actual wage expenditure entails a liability of a penalty of $10 for each day
of neglect or refusal.
Subscribers who notify the board within seven days of any accident to an
employee in the course of his employment causing injury or death are dis
charged from all liability therefor, the compensation provided under the act
of 1.915 is to be paid out of the fund, but this does not relieve the employer
of his duty as to medical and surgical aid required by section 800 of said act,
but any subscriber who has supplied such services, medicines, and supplies
shall be reimbursed from the fund.]
S bcs . 21-25. Claims against fund.— [The fund is entitled to the same de
fenses against claims on it as are open to any employer and is subrogated to
all his rights against an employee, his dependents, or third parties. The
board may, if it deems necessary, cause an investigation to be made of
any accident reported to it by a subscriber. The board may execute the
agreement provided for in the workmen’s compensation act and appoint agents
and make such rules as may be deemed necessary for this purpose. Such
agreements may be filed, modified, or terminated as provided in the work
men’s compensation act. Payments to employees, dependents, physicians,
attorneys, and others entitled to be paid out of the fund are to be made by
the State treasurer on a warrant of the board. Information acquired by
the fund, its officers and employees, from employers and others is not open
to public inspection.]
A ct
No. 343.—Workmen's compensation—Exemptions
S ection 1. Domestic and farm labor.—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.
ACTS OF 1917
No. 359.—Contractors for public tvorks—Acceptance of provisions of compcnmtion law
S ection 1. Application of law.—All contracts executed by the Commonwealth
of Pennsylvania, or any officer or bureau or department thereof, on behalf of
the said Commonwealth, or by any municipality, or any officer or bureau or
board thereof, or by any municipal division or subdivision of the Commonwealth,
which contracts shall involve the construction 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 the workingmen’s compensation act of 1915. and any sup
plements or 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.
Sec. 2. Duty of officers, etc.—Every officer of the Commonwealth of Penn
sylvania, or any bureau or department thereof, or of any municipality, or any
bureau or 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 of labor, shall require,
before the said contract shall l>e signed, proof that the said contractor with
whom the contract is made shall have accepted the workingmen’s compensation
XEXT OP LAWS— PENNSYLVANIA
449
act of 1915, and any supplements or amendments thereto which may be here
after passed, and proof that the said contractor has insured his liability there
under 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 of workmens compensation of the department of labor and industry.
S eo. 3. Contracts void.—Any contract executed in violation of the provisions
of this act shall be null and void.
ACTS OF 1919
A ct
No. 441.—Bureau of workmen's compensation— Board
S e c t io n 1. Designations.—The bureau of workmen’s compensation of the
department 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 commis
sioner.
The workmen’s compensation referee is hereinafter called the referee.
Sec. 2. Bureau created.—The bureau of workmen’s compensation of the
department of labor ami industry is hereby created.
Sec. 3. Board.—A board is hereby created, to be known as the workmen’s
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 terms of
3, 4, aud 5 years, resj.>ectively, from the 1st day of June, 1919, 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 com
missioner shall be an ox officio member of the board, but shall not vote on
orders, decisions, or awards.
S ecs . 4-7. [Repealed. !
S ec . 8. Districts.—It shall be the duty of the board, immediately upon its
organization, to divide the Commonwealth into districts. Each district shall*
as near as may be practicable, be of compact and of contiguous territory.
Secs. 9-15. [Repealed. I
Sec. 16. Duties.—It shall be the duty of the board to make all proper and
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.
Seo. 17. [Repealed.]
Secs. 18-24. Investigations.—[Referees are to hear such claims as are as
signed them, and with the board have power to conduct any investigations
necessary to ascertain facts, may administer oaths, subpoena witnesses, procure
punishments for contempt on application to the court of common pleas in cases
of refusal of witnesses to obey subpoenas. Witnesses receive the prescribed
fees, physicians to be allowed $5 for each day’s attendance plus mileage.]
PHILIPPINE ISLANDS
A C TS O P UNITED STATES P H IL IP P IN E COMMISSION— 1907
A ct No. 1698.—Compensation for injuries of employees of the Insular
Government, etc.
*
S ection
*
*
*
*
*
*
*
*
*
25 (as amended by act No. 2120).
*
*
*
*
(<l) Period of payment during disabUity; fatal injuries.—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 disability 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 24 of this act,
absence for this reason shall be charged first against such vacation leave:
And provided further, That the Governor General or proper head of depart
ment may, in his discretion, authorize payment of medical attendance, neces
sary 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 tem
porarily 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 municipal board of the city of Manila, as the case may be, may authorize
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 received 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 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.
450
PORTO RICO
ACTS OF 1918
A ct N o.
10.—Compensation of workmen for injuries—Insurance fund
S ection 1 (as amended 1925. No. 102). Title.—This act shall he known as
the law relative to labor accidents and occupational diseases or death result
ing from occupations.
Sec. 2 (as amended 1919, No. 62; 1921, No. 61; 1925, No. 102). Scope.—>The
provisions of this act shall apply to laborers injured or disabled or who lose
their lives from accidents occurring because of any act or function inherent
in their work or employment and while engaged therein and as a consequence
thereof, or from occupational diseases or death due to such occupation, as
hereinafter specified: Provided, That the provisions of this act shall be ap
plicable to members of municipal fire corps, for which purpose each municipality
shall include salaried firemen in its report on employees, made as an employer.
Domestic servants and employees engaged in clerical work, in offices of
tiny kind and commercial establishments where machinery is not used, are
oxcepted.
This act shall apply to every employer who employs any laborer or employee
whose wages do not exceed the sum of $1,500 computed annually: Provided»
That pursuant to the provisions of this act, compensation shall be paid to
injured laborers who become disabled or who lose their lives through accidents
originating from any act or function inherent in their work or employment
and occurring during the course of their employment as a consequence thereof
or from occupational diseases or death due to such occupation contracted in
any work performed by administration under the direction of the Insular Gov
ernment, payable from-the Government trust fund.
The sums so paid need not be reimbursed to the people of Porto Rico out
of the fund created by this act.
The commissioner of the interior is hereby authorized to make advances
on account of their compensation, to workmen injured on public works, which
advances shall be reimbursed to said official, if justified, out of the compensa
tion fund, upon settlement of the compensation to workmen injured on public
works.
Sec. 3 (as amended 1919, No. 62; 1921, No. 61; 1925, No. 102). Benefits.—
Any laborer who may be injured or who is taken sick within the provisions
of this act, shall be entitled to—
A. In case of accident—
1. Medical attendance and such medicines and sustenance as may be pre
scribed, including hospital services when necessary.
2. If the injury be of a temporary nature, to compensation equal to one-half
of the wages received by him the day of the accident, which compensation
shall run during such time as he may be under medical treatment. The period
of such payments shall in no case exceed 104 weeks: Provided, That in no case
shall there be paid more than $15 nor less than $3 per week: Provided, further,
That no compensation shall be allowed for the first seven days following the
date of the accident.
3. Permanent partial disability shall be considered to be the loss of one foot
or leg, one hand, one arm, one eye, one or more fingers or toes, and any anky
losis, fracture, or dislocation where ligaments have been torn and where restora451
452
WORKMEN'S COMPENSATION TAWS— TXN1TED STATES
tion is not complete. For permanent partial disability, as specified below, the
injured laborer shall receive the following additional compensation:
For the loss of one leg so close to the hip that an artificial limb can not
be used_________________________________________________________ $2,000
Loss of one leg at or above the knee, perm it ring the use of an artificial
limb ___________________________________________________________
1,800
Loss of one leg below the knee---------------------------------------------------------1,160
Loss of an arm at or above tbe elbow________________________________
1,880
Loss of the right hand at the wrist-------------------------------------------------1,520
Loss of the left hand at the wrist------------------------------------------------------1,100
Loss of an eye by enucleation----------------------------------------------------------1,040
Loss of sight in one eye-------------------------------------------------------------------680
Total loss of hearing in both ears____________________________________
1,880
Loss of bearing in one ear---------------------------------------------------------------200
L oss of one foot at the ankle------------------------------------------------------------1,160
Loss of the big toe of one foot at the joint of the metatarsus and pha
lanx ____________________________________________________________
140
Loss of the big toe between the second aud third phalanges___________
105
Loss of the big toe at the second joint----------------------------------------------70
Total loss of any other toe-------------------------------------------------------------91
Loss of the forearm at either the upper or lower end (right arm)---------- 1,700
Loss of the forearm at either the upper or lower end (left arm)_______
1,800
300
Loss of a thumb with the metacarpal bone----------------------------------------Loss of the first phalanx of the thumb----------------------------------------------132
Loss of the first and second phalanges of the thumb___________________
112
Total loss of the index finger________________________________________
200
Loss of the index finger at the second phalanx----------------------------------150
Loss of the index finger at the third phalanx-------------------------------------105
150
Total loss of the middle finger______________________________________
Loss of the middle finger at the second phalanx----------------------------------140
Loss of the middle finger at the third phalanx________________________
70
Loss of the ring finger---------------------------------------------------------------------150
Loss of the ring finger at the second phalanx-------------------------------------140
Loss of the ring finger at the third phalanx---------------------------------------70
Total loss of the little finger------------------------------------------------------------105
Loss of the little finger at tlie second phalanx------------------------------------70
Loss of the little finger at the third phalanx_________________________
35
Ankylosed ankle----------------------------------------------------------------------------300
Ankylosed knee------------------------------------------------------------------------------500
Provided, however, That if any permanent partial disability specified above
does not result in amputation or does not make the same necessary, not more
than three-fourths of the respective amounts shall be paid.
Compensation for any other permanent partial disability not herein speci
fied shall be graded according to such disability as most resembles the corre
sponding disability established in the foregoing table: Providedt That such
compensation shall never exceed $2,000.
4. If the laborer is totally disabled for work, he shall receive a compensation
of $2,000 as a minimum and $4,000 as a maximum. The compensation shall be
graded in proportion to the rate of wages that the laborer earned, considera
tion being given to the earning capacity of the injured laborer and his probabil
ities of life, and the importance of the injury suffered.
The total and permanent loss of sight of both eyes; the loss of both feet at
or above the ankle; the loss of both hands at or above the 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 life as a result of the injuries sustained, death oc
curring within one year from the time of the accident, as a consequence of such
accident, the parents, widower, or widow and legitimate children and grand
children, and in the proper case, the illegitimate children, whether natural or
not, of the deceased laborer, all of whom were reasonably dependent on his earn
ings for their support, shall receive a compensation of from $2,000 to $4,000
as a maximum, which shall be graded according to the earning capacity of
the deceased laborer, to the number of persons entitled to receive compensa
tion, and to their conditions and necessities, which compensation shall
TEXT OP LAWS— PORTO RICO
453
be distributed in equal parts among the persons entitled thereto. In
default of the aforesaid persons, the foster father or mother, or the nearest
relative reasonably dependent on the earnings of the decedent, shall receive
a compensation of from $1,000 to $2,000 as a maximum, and should there
be several near relatives entitled to compensation, such compeltsation shall
be distributed among them in equal parts.
(f. In the 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 may grant said com
pensation in the form of pensions for a determined period: Provided. That
if the commission pays said compensation in full, it shall exercise its good
offices by reasonable suggestions, so that the sum granted shall be invested
in a manner advantageous to the welfare of the laborer or his relatives, in such
form as to produce the best possible means of subsistence: Provided, further,
That if the laborer or his heirs, pursuant to this act, aiv minors or incapaci
tated persons, the said commission shall pay the amount granted in the form
of a pension for a determined period, or it may pay the amount of such
compensation 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 minora: Provided. That in these cases the district attorney shall represent
said minors or incapacitated persons, the case to be heard by summary pro
ceedings.
B.
In case of sickness originating from the employment, the laborer shall
be entitled—
1. To medical attendance and such medicines and subsistence as may be
prescribed, including hospital service when necessary.
2. If the disease is of temporary character, to compensation equal to onehalf the wages received by him when tsiken sick, for such time as he may be
under medical treatment, but such payments shall not extend over a period
greater than 104 weeks. In no case shall there be paid more than $15. or less
than $3 a week: Provided, That no compensation shall be allowed for the first
seven days following the date of the accident.
3. If by reason of the disease contracted, the laborer should be partially and
permanently disabled for work, he shall receive such additional compensation
as the commission may determine according to the seriousness of the disability
of the person injured, and as far as possible, according to the accident schedule
provided in this act.
4. If by reason of the disease contracted, the laborer should be totally dis
abled for work, he shall be entitled to compensation of not less than $2,000
nor more than $4,000.
All the provisions of paragraphs 3, 4, and 5 of subhead A of this section
shall be applicable to subhead B.
The following diseases shall be considered as occupational diseases when
contracted by a laborer or employee in the course of his employment, at any
time within the twelve months prior to the date of his disability and when
due to the nature of any process described below:
Name o f disease
Description of process
1. Anthrax_____________________Handling of wool, hair bristles, hides and
skins.
2. Glanders------------------------------ Care of any equine animal suffering from
glanders; handling carcass of such animal.
3. Lead poisoning______________ Any industrial process involving the use of
lead or its preparations or compounds.
4. Mercury poisoning___________ Any industrial process involving the use of
mercury or its preparations or compounds.
5. Phosphorus poisoning________ Any industrial process involving the use of
phosphorus or its preparations or com
pounds.
6. Arsenic poisoning____________ Any industrial process involving the use of
arsenic or its preparations or compounds.
7. Poisoning by benzol or by Any industrial process involving the use of
nitro and amido-derivabenzol or a nitro- or ami do-derivative of
tives of benzol (dinitrobenzol or its preparations or compounds,
benzol, anil in and others).
454
w o r k m e n ' s c o m p e n sa t io n
Name of disease
8. Poisoning by gasoline, benzine, naphtha, or other
volatile petroleum products.
9. Poisoning by carbon bisulphide.
l a w s — u n it e d states
Description of process
Any industrial process involving the use of
gasoline, benzine, naphtha or other volatile petroleum products.
Any industrial process involving the use of
carbon bisulphide or its preparations or
compounds.
10. Poisoning by wood alcohol----- Any indust Hal process involving the use of
wood alcohol or its preparations.
11. Infection or inflammation of Any industrial process involving the hanthe skin on contact with
dling or use of compound cutting oils or
compound cutting oils or
lubricants, or involving contact with
lubricants, d u s t , liquids,
liquids, fumes, gases or vapors,
fumes, gases or vapors.
12. Ulceration of the skin or of Handling or industrial use of carbon, pitch
the corneal surface of the
or tarry compounds,
eye due to carbon, pitch,
tar, or tarry compounds.
13. Compressed air illness----------- Any industrial process carried on in com
pressed air.
14. Carbou dioxide poisoning-------Any process involving the evolution or re
sulting in the escape of carbon dioxide.
15. Brass or zinc poisoning----------Any process involving the manufacture,
founding or refining of brass or the melt
ing or smelting of zinc.
Provided, That in case special conditions exist warranting an increase or a
decrease of the sum to be paid, said modifications may be made by the com
mission, but in such case the matter shall be made of record by the commission
with a full statement of the reasons for such action.
Sec. 4 (as amended 1921, No. 61). Injuries not covered.—Accidents occur
ring under the following circumstances are not labor accidents and, there
fore, shall not entitle the laborer or his heirs under this act, to compensation:
1. When tlie 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 tlie accident.
3. When the injury is caused to the laborer by the criminal ,act of a third
person.
4. When the gross negligence of the laborer is the sole cause of the injury.
S k c . 5 (as amended 1919, No. 62; 1925, No. 102). Medical examinations.—
[Duiing the period of an injured workman’s disability he must submit to ex
amination and treatment by a competent physician or surgeon designated by
the commission. The commission is authorized to enter into contracts with
municipal and private physicians and with hospitals. If an injured workman
is a resident of the municipality in whose hospital he is being treated, the
commission is liable for not more tliau half the minimum rate of charges.
Employer and workman may each have a physician present to witness an ex
amination, but without resisting the right of the commission’s physician to
visit the injured man at all reasonable times. Refusal, without just cause, to
submit to examination or treatment deprives the injured man of right to
compensation.
Physicians or surgeons must report occupational diseases or injury due to
labor accidents to the commission within 48 hours.]
Sec . 6 (as amended 1919, No. 62; 1920, No. 1; 1921, No. 61; 1925, No. 102).
Workmen's relief commission.— [A commission of six members is created, three
appointed by the governor, with the advice and consent of the senate, for terms
of four years, while the others are elected, one from each of the three political
parties polling the highest number of votes at the preceding general election.
Of the first group one is chairman at .$4,000 salary, one vice chairman at
$3,000, the other, known as permanent commissioner, at the same salary; the
three elected commissioners receive $10 for each regular or special meeting of
the commission that they attend.
. The three appointed commissioners are a permanent committee with sole
lM>wer for deciding questions of temporary disability and permanent partial
disability. The full commission may reconsider on petition within 30 days
TEXT OP LAWS— PORTO B1CO
455
any decision rendered. The permanent committee may not deny any applica
tion for compensation without first having reported to the commission in full,
which shall meet at least once a week. Single members may conduct any
investigation or hearing, and their orders are orders of the commission when
so decided thereby.
. The commission has an official seal and records its proceedings, the perma
nent commissioner being secretary, and may adopt such rules and regulations
as are necessary to carry out the provisions of the act.]
S bcs . 7 (as amended 1920, No. 1: 1925, No. 102), 8 (as amended 1919, No.
62; 1921, No. 61; 1925, No. 102), 9 (as amended 1921, No. 61; 1925, No. 102).
Procedure.— [Employers must report all accidents as soon as possible, and
within five days from their date on printed blanks furnished by the commission
on request, but such reports shall not be evidence against the employer in
any proceeding under this or any other act. The commission may direct such
investigation as is necessary to establish the facts in connection with the
injury and file a report such as will enable the commission to pass judgment
on the claim when presented. The commission, its members and agents, are
authorized to subpoena witnesses, administer oaths, examine books and docu
ments, inspect buildings and machinery, or any accidents that may have
occurred. If the employer was uninsured, in violation of law, the commission
may determine the proper compensation, plus expenses incurred by it, and
report the same to the Attorney General to institute action, but both parties
are entitled to opportunity to be heard and to defend themselves.
Claimants under the act including legal heirs reasonably derrendent on the
workman's wages for support may present a claim at any time within 90
days from the date of injury or death of the workman, stating the essential
facts, whereupon the commission shall refer the petition to the Attorney
General for proceedings in the proper district court. In cases where questions
of heirship are involved, if the claimants are found to be heirs, the applica
tion will be investigated and a decision rendered within 60 days after the
treatment of the injured workman has finally ceased or within 90 days after
the law has been complied with as regards declaration of heirs, evidence of
dependence, etc. If no application is made within the time set the commis
sion must investigate the reason why the persons concerned did not make
application, and if ignorance or reasons not under the control of the parties
are found to be the cause, an additional 30 days will be allowed for filing claims.
Claims are barred after one year from the date of the accident or death of
the laborer if no application has been filed.
Certified copies of the commission’s decision must be served on the appli
cant and on the employer within 10 days after rendition. Appeals may then
he taken to the district court within 30 days, and to the supreme court from
the district court in accordance with the provision of the code relative to
appeals in several cases. Such suits take precedence and are to be decided
promptly.]
S ecs . 10 (as amended 1921. No. 61; 1925, No. 102), 11, 12 (both as amended
1925, No. 102). Premiums.— [Annual classifications of occupations of workmen
under the act, based on the probability or liability of injury, occupational dis
eases, or death, or other conditions, are to be made by the commission, which
shall fix rates o£>insurance to be paid by the employers of workmen in these
groups. The pay roll of the previous fiscal year may be used if adjusted to
form a fair basis. Otherwise the deposits in advance may be required. Rates
are to be as low as compatible with the minimum of a solvent permanent ex
clusive State fund and the creation and maintenance of a surplus. The maxi
mum rate shall be 4% per cent exe?ept in extraordinary perilous cases, where
the maximum may be 10 per cent. As many groups and subgroups may be
established as are deemed necessary. If experience shows any establishment to
be extraordinarily dangerous the classification of risk and the premium rate
may be proportionately advanced. Notice to employers that they may appear
and make allegation in furtherance of their rights under the act is to be pub
lished in the newspapers of largest circulation prior to June 1 of each year.
Premiums are to be assessed and collected semiannually in advance, subject
to revision on a determination of the actual pay roll for the period. Assess
ments in default more than 30 days are subject to levy and collection as in the
vase of the collection of property taxes, with surcharges at the rate of 1 per cent
per month. Employers ceasing to be subject to the act may be excused from
.‘vubsequent payments on notice of the fact. Collections are made for an entire
456
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LAWS— UNITED
states
semester, but reimbursement may be allowed on any part daring which an
employer is not subject to the act. Readjustments of premium payments are
to be ma<le fit the end of each fiscal year.l
Sec. 13 ( as amended 1919. Nq. 62; 1921. No. 61; 1925, No. 102). Statements by
employer*.— [Employers must annually or before the 15th day of July file
duplicate statements under oath as to their pay roll, on which premiums will
be assessed. If the estimated payment is less than the amount actually due
collection of such additional premiums has preference over any other obliga
tions of the employers, and premiums are liable on his property if unpaid on
service of noticc. If the statement is not filed within 30 days after the date
spv«'ified the employer is guilty of misdemeanor.
insurance Incomes effective immediately after the employer has filed his pay
roll acoomjiMmod by a current premium. Employers under the act must keep a
complete register in accordance with regulations of the commission, showing the
name. age. and sex of each laborer, nature of work, and the wages paid. Fail
ure is a misdemeanor. Books and records are open to inspection, and any
knowing falsification of information subjects to a penalty as for failure to file
a statement, and also liability for three times the difference between the
premium paid and what should have been paid.]
Sec. 14. Payment of premiums by employees.—No agreement by any employee
to pay any portion of the 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.
S ec. 15 (as amended 1921, No. 61; 1925. No. 102). Expenses of administra
tion.— [Annual estimates must be submitted of the expenses of administration
for the next fiscal year subject to the approval of the governor, also of addi
tional employees whose services have become necessary. The expenses are
chargeable to the workmen’s relief trust fund, but may not exceed 20 per cent
of the total paid by the commission during the previous fiscal year.]
S ecs . 16, 17 (as amended 1925, No. 102). Investments; accounts.— [The com
mission may invest any of the surplus or reserve funds, the treasurer of the
island beinrr the custodian. Payments are made on warrants or vouchers
signed by the president and secretary of tbe commission, approved by the audi
tor and countersigned by the governor. Separate accounts are to be kept of
the premiums for each of the several groups and expenses of administrating
the fund, the disbursements on account of injuries and deaths in each group,
also of receipts and expenditures for each employer.]
Sj:c. 18. Disclosures.— [Information acquired from employers according to
sec! ion 13 is confidential, and disclosure is a misdemeanor.]
S ec. 19. Assignments of insurance.— [Employers transferring their business
during the term of any insurance may, on written notice and with the consent
of both parties, assign to their successors all rights, credits, and obligations of
the original employer for the balance of the period of such insurance.]
Sjcc. 20 (as amended 1925, No. 102). Noncomplying employers.— [If an em
ployer subject to the provisions of this act has failed to comply therewith the
workmen’s relief commission may charge him with the amount of compensa
tion due any of his injured workmen, plus expenses in the case. If a laborer
or bis heirs sues an employer willfully negligent (sec. 21), or the commission
proceeds against a negligent third party (sec. 22), the common-law defences
are not available, neither can it be pleaded that the injury was due to the neg
ligence of a contractor or subcontractor, unless he was insured in accordance
with the provisions of this act.]
Sec. 21. Willful, etc., acts.— [This act does not deprive any injured employee
or his heirs in case of death of their right to proceed in an action for damages
against an employer when injury was due to his illegal act or gross negligence;
but only in case of waiver shall the employee or his heirs have the right to
institute an action for damages against the employer.]
Sec. 22. Liability of third parties.— [Where the injury was caused by a third
party, or by the illegal or gross negligence of the employer, or by defects in
machinery or implements the commission is subrogated to the rights of the
injured workman or his heirs and may prosecute an action and recover dam
ages. such recovery to be placed in the workmen's relief trust fund for the
benefit of the particular group in which the injured workman’s occupation was
classified.]
T E X T OF L A W S — PO R TO RTCO
457
Sec. 23 Assignments, etc.—Rights and actions accruing under this act shall
not be assignable to other persons, nor shall they be subject to attachment or
to the claims of other ]tersons.
Sbc. 24. Fines.—All fines collected for violations of any of the provisions of
this act shrill l>e deposited in the workmen's relief trust fund.
S bc. 25. Attorney * fee*.— |Contracts or agreements of payments with an at
torney for contingent fees are void and without effect unless in writing and
approved by the judge of the court where the suit is instituted. The maximum
allowance Is 25 per cent ami receipt of any excess amount is illegal and void,
punishable by suspension or disbarment.]
S kc. 20 (as amended 1921. No. 61). Contractors' employee*.— In reporting
their annual pay rolls all employers shall include all w'orkmen who are work
ing either on piecework or under a person with whom the employer contracted
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 lo
employers for whom work is done by an independent contractor insured as an
employer in accordance with the provisions of this act.
S ec. 27 (as amended 1925. No. 102). 28 (as amended 1919. No. 01; 1925. No.
102i, 29. Trust fund.— Hinder ihe act of 1910 amounts in the existing trust
fund are reappropriated for such a fund under this act, to which employers
are obliged to contribute as herein provided. Application may be made to the
district court for a writ to review a decision of the commission levying assess
ments, if made within 30 days. The legality of any premium fixed may likewise
be reviewed. Rates are to be reduced if at tlie end of any fiscal year the
trust fund has a considerable surplus after meeting its obligations, and a
suitable reserve fund has been provided for.]
Sfjc. 30 (as amended 1925, No. 102). Definitions.— For the purposes of this
act “ laborer” or “ employee” shall be understood to be any person at the
service of any individual, partnership, or corporation regularly employing one
or more persons under any express or implied service contract, whether verbal
or written, and whether such person is man. woman, or child: Provided, That
such laborers or employees working for employers not included in the insur
ance established iu this act and those whose labor is of a merely accidental
character are expressly excluded.
The word “ laborer” or “ employee” includes all workmen employed in
any manufacturing or agricultural establishment or occupation by any natural
or artificial person, for compensation: and by the insular government or any
of its dependencies, according to the purposes of this act.
S kc. 3!. Who may not be attorneys.— rNo member or employee of the com
mission im*y represent any claimant or have any interest in any claim in tlie
jurisdiction of the commission.]
RHODE ISLAND
GENERAL LAWS—1923
C h a p t er
831.—Compensation of workmen for injuries
A rticle
I.—Abrogation of remedies and defenses
(1205) S ection 1. Defenses abrogated.—In an action to recover damages for
personal injury sustained by accident by an employee arising out of and in
tbe course of his employment, or for death resulting from itersonal injury so
sustained, it shall not l>e a defense: (a) That the employee was negligent; (b)
that the injury was caused by the negligence of a fellow employee; (e) that
the employee has assumed the risk of the injury.
(1200) Sec?. 2 (as amended 1920, ch. 7041). Exempt employera.—The pro
visions of this chapter shall not apply to employers who employ live or less
wo/kmen or operatives regularly in the same business or to employers of em
ployees engaged in domestic service or agriculture, but such employers may,
by complying with the provisions of section 5 of this article, become subject
to tlie provisions of this chapter.
(1207) S ec . 3. Effect of election by employers.—The provisions of section 1 of
this article shall not apply to actions to recover damages for personal injuries,
or for death resulting from ]>ersonal injuries, sustained by employees of an
employer who has elected to become subject to the provisions of this act, as
provided in section 4 of this article, nor to any such action brought against a
town or city by an employee thereof.
(lliON) S ec. 4, (1209) S ec . 5. Election.— [Election is made by an employer by
filing with the commissioner of labor a written statement of acceptance of the
act. This is effective for the term of one year and thereafter for like terms
without further act unless al least 00 days prior to the expiration of any year
notice of withdrawal is tiled and reasonable notice thereof given to the em
ployees. Blank forms of election and withdrawal are to be furnished by the
commission.
An employee of an employer accepting the act is deemed to have waived his
right of action at common law to sue for damages if he does not at the time
of his contract give his employer noth'e in writing that he claims such right
to sue. a copy to be iiled with the commissioner of labor within 10 days. Terms
of election are for period* of one year as in the case of employers. Minors
legally employed are sui juris for the purposes of this chapter, but a parent or
guardian may give the notices as herein provided.]
(1210) Sec. 6. Remedy exclusive.—The right to compensation for an injury,
and the remedy therefor granted by this chapter, shall be in lieu of all rights
and remedies as to such injury now existing, either at common law or other
wise; and such rights and remedies shall not accrue to employees entitled to
compensation under this chapter while it is in effect.
A rticle II.— Payments
(1212) S ection 1. Payments due, when.—If an employee who has not given
notice of his claim of common-law rights of action or who has given such
notice and has waived the same, as provided in section 5 of Article I, receives
a personal injury by accident arising out of and in the course of his employ
ment. he shall he paid compensation, as hereinafter provided, by the employer
who shall have elected to become subject to the provisions of this chapter.
(1213) S ec . 2. Willful injuries or intoxication.—No compensation shall be
allowed for the injury or death of an employee where it is proved that his
injury or death was occasioned by his willful intention to bring about the
1 Original section 2 of this article is repealed by this act and subsequent sections
renumbered.
458
TEXT OF LAWS— RHODE ISLAND
459
Injury or death of himscif or of another, or that the same resulted from his
intoxication while on duty.
(1214) S ec. 8. A ttomeif* fee*.—Contingent fees of attorneys for services
under this chapter shall be subject to tbe approval of the superior court.
(1215) S ec . 4. Waiting time.—No compensation except as provided by section
12 of this article shall be paid under this chapter for any injury which does
not incapacitate the employee for a period of at Jeast one week from earning
full wages, but, if such incai>acity extends beyond the period of one week, com
pensation shall begin on the eighth day from the date of the injury: Provided,
That if such incapacity extends beyond the period of four weeks, compensation
shall begin from the date of tbe injury.
(1210) Sec. 5 (as amended 1020. ch. 704). MedieaL etc., aid.—During the
first eight weeks after the injury the employer shall furnish reasonable medi
cal and hospital services and medicines when they are needed: Provided, how
ever. That the charge for medical services and medicines, exclusive of hospital
services, shall not exceed the sum of $100 in the case of an injured employee
not receiving hospital treatment or receiving hospital treatment for not more
than 14 days, and shall not exceed the sum of $150 in the case of an employee
receiving hospital treatment for more than 14 days: And ivrovided further,
That tbe charge for hospital services shall not exceed $8 per day and such
laboratory fees and such fees for X-rays and anesthetics as are customarily
charged by the hospital. The employee shall have the right to select the
physician by whom, or the hospital in which, he desires to be treated, and the
employer shall become liable to such physician or hospital for the reasonable
fees for such treatment: Provided. however, That the employer shall not be
come liable to the employee or to such physician or hospital for their charges,
unless such physician or hospital shall give written notice to tlie employer
within seven days after the beginning of their services that they have been
so selected and shall in writing present their claim to the employer for the
payment of such services within three months after the conclusion thereof.
In case of any disagreement as to the amount of any charge for medical or
hospital services or medicines, the amount shall be determined by the superior
court.
(1217)
Sec. 6 (as amended 1920, ch. 764). Compensation for death.—If
death results from the injury, the employer shall pay the dependents of the
employee wholly dependent upon his earnings for support at the time of his
injury a weekly payment equal to one-half his average weekly wages, earnings,
or salary, but not more than $10 nor less than $6 a week for a period of 800
weeks from the date of the injury: Provided, however, That if the dependent
of the employee to whom the compensation shall be payable upon his death is
the widow of such employee, upon whom are dependent one or two children
of the deceased employee, including adopted and steix*hildren under the age of
18 years or over said age but physically or mentally incapacitated from
earning, the employer shall pay such widow not more than $12 a week; and
if there are dependent upon such widow three or more such children, the
employer shall pay such widow not more than $14 a week. Tpon the death of
any such widow the compensation thereafter payable under this chapter shall
be paid to such child or children dependent upon the widow at the time of her
death, aud in ease there is more than one such child, the compensation shall
be divided equally among them. Upon the remarriage of the widow of a
deceased employee, the compensation theretofore payable to such widow shall
cease and determine. If the employee leaves dependents only partly dependent
upon his earnings for support at the time of his injury, the employer shall pay
such dependents for a period of 800 weeks from the date of the injury a
weekly compensation equal to the same proportion of the weekly payments
herein provided for the benefit of persons wholly dependent as the amount
contributed annually by the employee to such partial dependents bears to the
annual earnings of the deceased at the time of injury. When weekly payments
have been made to an injured employee before his death, the compensation to
dependents shall begin from the date of the last of such payments, but shall
not continue more than 800 weeks from the date of the injury: And provided
further, That if the deceased leaves no dependents at the time of the injury
the employer shall not be liable to pay compensation under this chapter c-xcept
as specifically provided in section 9 of this article.
1 9 6 5 °— 26------- 80
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w o r k m e n ’ s c o m p e n s a t io n
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states
(1218)
S ec. 7. Dependents.—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 o.r 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 question* 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.
(e)
A child or children, iucluding adopted and stepchildren, under the
age of 18 years, or over s:iid age, blit physically or mentally incapacitated 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 compensation hereunder shall hr divided equally among them.
In all other 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
<f the injury, la 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 com
pensation shall be divided among them according to the relative extent of
their dependency.
(3219) S ec. 8. Persons not dependent.—No person shall be considered a de
pendent unless he is a member of the employee's family or next of khi. wholly
or partly dependent upou the wages, earnings, or salary of thn employee for
support at the time of the injury.
(3220) S ec. 9. Persons without dependents.—If the employee dies as a result
of the injury leaving no dependents at the time of the injury, the employer
shall pay, in addition to any compensation provided for in this chapter, the
reasonable expense of his last sickness and burial, which shall not exceed $200.
(3221) Skc. 10. Tot a] dinubility.—While the incapacity for work resulting
from the injury is total, the employer shall pay the injured employee a weekly
compensation equal to one-half his average weekly wages, earnings, or salary,
but not more than $3.0 nor less than $7 a week: and in no case shall the period
covered by such compensation be greater than 500 weeks from the date of
the injury, nor the amount more than $5,000. In the following cases it shall,
for the purposes of this section, be conclusively presumed that the injury
resulted in permanent 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 aud 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.
(1222) S ec. 11. Partial disability.— While the i:» .»p; city for work resulting
from the injury is partial, the employer shall pay the injured employee a
weekly compensation equal to one-half the diilVrencc tot ween his average
weekly wages, earnings, or salary before the injury and the average weekly
wages, earnings, or salary wliMi he is able to earn thereafter, but not more
than $10 a week; and in no case shall th<* period covered by such compensation
be greater than 300 weeks from the date of the injury.
(1223) S ec. 12 fas amended 1926. ch. 764). ^peri fir injuries.—In case of the
following specified injuries there <hati be paid in addition to all other compen
sation provided for in this chapter a weekly payment equal to one-half of the
average weekly earnings of the injured employee but in no case more than $1.0
nor less than $4 a week:
(a) For the loss by severance of both hands at or above the wrist, or both
feet at or about the ankle, or of one hand and one foot, or the entire and
irrecoverable loss of the sight of both eyes, or the reduction to one-tenth or
less of normal vision with glasses, for a period of 150 weeks.
(b) For the loss by severance of either arm at or above the elbow, or of
either leg at or above the knee, for a period of 300 weeks.
(c) 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 irrevocable loss of the sight of
either eye. or the reduction to one-tenth or less of normal vision with glasses,
for a period of 75 weeks.
T E X T OF LAWS— R H O D E TSLA'X \i
461
(d) For the loss by severance at or above the second joint of two or more
fingers or toes, for a period of 35 weeks.
(e) For the loss by severance at or above the second joint of a thumb, for
a period of 25 weeks.
(f) For the loss by severance of one phalange of a thumb or of two or more
phalanges of an index finger, for a period of 18 weeks.
(g) For the loss by severance of one phalange of an index linger, or of at
least one phalange of any other finger or toe. for a period of 12 weeks for each
such finger or toe,
(1224) Sec. 13. Computing w ages; second injuries.—-The “ average weekly
wages, earnings, or salary" of au injured employee shall be ascertained as
follows:
(en) “Average weekly wages, earnings, or salary” shall mean the total earn
ings of the injured employee received from the employer in whose service he
is injured during the period of the 26 caf<‘i:;lar weeks immediately preceding
the date of the injury, divided by the number *'f calendar weeks during which,
or any portion of which, said workman was employed by, and actually worked
for. the said employer; bur if the injured employee has lost one or more cal
endar weeks during such period then the total earnings for the remainder of
such 26 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, shali
be considered as absence for a calendar week. Where the employment com
menced 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, earnings, 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 earning
capacity of the injured employee at the time of the accident in the employment
in which he was working at such time.
(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 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 provisions of this section: Provided. That
in computing the average weekly wages earned subsequent to the first injury
the time worked and wages earned prior to said injury shall be excluded.
(1225) S ec . 14. Insurance, etc., not to be considered.— [No savings or insur
ance of the injured employee may be considered in determining compensation
payable hereunder. Refusing or delaying payments on account of the receipt,
of savings, insurance, or benefits from another source is a misdemeanor.]
(1226) S ec . 15-(1231) S ec . 20. Payment; notice; claim.— [Payments are to
be made iu case of death to the legal representatives of the injured employee,
or if none, to his dependents, or if none, to the person to whom expenses for
burial and last sickness are due. The legal representative must make pay
ments to dependents or other persons entitled thereto. All payments to an
injured workman cease on his death from a cause other than the injury for
which he is receiving compensation. Payments on behalf of mentally incom
petent persons or minors are to be made to a conservator or guardian or next
friend, and no limitation of time runs until a conservator or guardian is
provided.
Notices of injury must be given the employer within 30 days and claims
within one year; this limitation runs from the death or the removal of physical
462
w o r k m e n ' s c o m p e n s a t io n
LAWS— UNITED STATES
or mental incapacity. Notice is to be in writing stating the facts in ordinary
language and signed by the claimant or someone in his behalf. Service may
be by delivery in person or by leaving notice at the last known residence or
place of business or by registered letter. Inaccuracies do not invalidate unless
there is intention to mislead and the employer was in fact misled. Want of
notice is not a bar to proceedings if it is shown that the employer or his agent
had knowledge, or that the failure was due to accident, mistake, or unforeseen
cause.]
(1232) Sec. 21. Medical examinations.— [An injured employee must at rea
sonable times submit to medical examination by the employer’s physician,
with the right to have his own physician present. A justice of the superior
court may appoint a competent and impartial physician on petition of either
party to act as medical examiner, who shall file a report to be produced as
evidence in any hearing to determine the amount of compensation due. Re
fusal to submit to an examination or obstructing the same suspends right to
compensation for the period, and it may be forfeited for such time.]
(1233) S ec. 22-(1237) S ec. 26. Waivers; lump sums.— [No agreement of
waiver is valid, and no claims may be assigned, attached, or made in any way
liable for debt. Benefits have a preference over unsecured debts iu the same
amount as wages for labor are now preferred, but nothing herein is to he con
strued as impairing any lieu wThieh the employee may have acquired. Where
payments have continued not less than six months, future payments may be
commuted to a lump sum on petition to the superior court and notice to the
other party on a finding that it will be for the best interest of the beneficiary,
or that the making of weekly payments entails undue expenses or hardship
on the employer, or that the beneficiary has removed from the United States.
Present worth capitalized on the basis of interest calculated at 5 per cent
per annum with annual rests is to be allowed, payment discharging the em
ployer from further liability.
Iu fixing the amount of compensation under this chapter allowance must
be made for any sums which the employer may have paid to the injured
workman or his dependents except for medical, surgical, or hospital services.]
A
r t ic l e
III.—Procedure
(1238) S ection 1 (as amended 1926, ch. 764)-(1258) S ec. 21.—Agreements;
awards; appeals.— [If the employer and the employee reach an agreement, a
memorandum of the same is to be filed in the ofiice of the commissioner of
labor. If approved by him, it is enforceable by suitable action at law, including
executions against property and proceedings for contempt or willful failure
or neglect to comply. If the payments aggregate not more than $50, the
attorney general must, at the request of the commissioner, prosecute suitable
action to compel the compliance. No appeal lies from such agreement except
on grounds of fraud or coercion. Any modification of the agreement made by
the superior court is to be modified to the commissioner. In case of death
leaving dependents and there is dispute as to persons or amount, the agree
ment relates only to those matters.
In case of failure to agree, or if the commissioner of labor fails to approve
an agreement, any person in interest may file in the office of the clerk of the
superior court a petition in the nature of a petition in equity setting forth
the facts. A copy of the same is to be served on the other party within 4
days, answer within 10 days, and an early assignment for hearing, such cases
having preference on the calendar. The decision of a justice is to be filed
and is enforceable by any suitable process, being conclusive as to findings of
fact in the absence of fraud. Costs or a part thereof may be awarded as the
court deems best, not including counsel fees. Appeals lie to the supreme
court. The claim of appeal suspends operation of the decree appealed from,
but in case of default in taking the required procedure such suspension shall
cease. The supreme court may affirm, reverse, or modify a decree, and may
itself take or cause the superior court to take such further proceedings as
shall seem just. The superior court may certify questions of law to the
supreme court, staying further proceedings except such as are necessary to
preserve the rights of the parties.
Agreements and decrees may be reviewed at any time before the expiration
of two years from the date of their approval or entry on the ground of a
change of conditions, with modifications according to the findings. Proceeding
TEXT OF LAWS— BHODK ISLAND
463
Is to be speedy, efficient, and inexpensive, the general laws relating to practice
not being binding. Proceedings do not abate because of the death of a peti
tioner, and may be prosecuted by a legal representative or a dependent.
Claims are barred unless an agreement or petition has been filed within two
years after the occurrence of the injury or death of the employee or of the
removal of any physical or mental incapacity.
In case of the beneficiary's leaving the State, payments may be ordered made
monthly or quarterly instead of weekly, on the application of either party,
having regard to the welfare of the employee and the convenience of the
employer. All questions settled by agreement must, except as otherwise
provided, l>e determined by the superior court.
If a third party is legally liable for damages, proceedings may be taken
against such party and also against the person liable to pay compensation, but
both shall not be recovered, and if the employee has been paid compensation,
the person by whom it was paid is entitled to indemnity from the third party,
And to the extent of such indemnity is subrogated to the rights of the injured
workman for damages. Provision is made for recording proceedings in all
cases under this chapter.]
A rticle
IV.—Alternative scheme* permitted
(1250) S ection 1-(1261) Sec. 3. Kabxtitute schemes.— [Employers may
agree with their employees for a system of compensation, benefit, or insurance,
in lieu of the provisions of this chapter, subject to the approval of the superior
court. Equivalent benefits must be provided, or if the employee contributes,
proportional additional benefits. Provisions must be made for the equitable
distribution of funds after due provision has been made to discharge the
liabilities already incurred if and when the scheme is terminated. Such
scheme may be dissolved if found to be not fairly administered or for other
valid and substantial reason.]
A r t i c l e V .—Insurance
(1262) Section 1-(1273) Sec. 12. Security.— [Employers coming under the
act must secure payments by insuring in an authorized stock or mutual
company or association, by furnishing proof of financial ability to make direct
payments, by furnishing a security, indemnity, or bond guaranteeing the
payment of compensation that may become due, or by a combination of the
last two methods. Policies must provide that notice, knowledge, and juris
diction of the employer affect the carrier, and must cover the entire liability
of the employer and make him directly and primarily liable to the beneficiaries
entitled to compensation, giving him a first lien on any amount which may
become due on the policy. In case of the legal incapacity of the employer
to receive and make payments, they arc to go directly to the l>enofieiary, the
employer's insolvency or bankruptcy not relieving the insurer for the period
lhat the policy is in force or compensation remains owing. The employee
retains his right to recover compensation directly from the employer, and also
to enforce in his own name the liability of the insurer, but payment in whole
or in part by one of the parties shall to that extent bar recovery against
the other. Insurers assuming the liability of the employer are subrogated
to all his rights and duties. All policies are deemed made subject to the
provisions of this chapter and inconsistent provisions are void.
Employer* failing to comply with tbe provisions of this article are liable
to compensation or for damages at the option of the employee or his dependents,
the same to be exercised in writing within 30 days, otherwise the employer
liable only for compensation.
Policies insuring against liability for personal injuries other than payment
of compensation under this chapter must contain similar provisions as to
the direct liability of the insurer to tbe injured party, or, in case of death,
to tbe party entitled to sue. The party entitled to sue may join the insurer
with the insured as a defendant.
Insurance companies must report the writing of policies to the commissioner
of labor and also their cancellation, must fill out blanks and answer all
questions submitted by said commissioner relating to premiums and the amount
of compensation paid which he may deem important either for the proper
administration of the law or for statistical purposes. Refusal is a mis
demeanor.]
464
w o rk m en ’s
COMPENSATION LAWS-r-TTNITED STATES
A rtice
VI.—Report* of accidents
(1274) S ection 1-(1280) S ec . 7. Accidents to be reported.— [Employers
must report to the commissioner of labor ail personal injuries which prove
fatal or incapacitate from earning full wages for a period of at least one week.
Fatal injuries must be reported within 48 hours and others within one week.
Supplementary report is to be made at the termination of tlie period of
incapacity. Reports are to be made on blanks, and no other report of injuries
may be required by any other department or officer of the State from employ
ers to whom the provisions of this chapter apply. The commissioner of labor
is to transmit to the factory insiiector copies of reports received by him. Such
reports are not open to the public and may not l>e in evidence or referred to
in any judicial proceedings except in prosecution for Ihe violation of this
chapter.
In so far as not inconsistent with other provisions of this chapter, the com
missioner of labor has supervision of its operation and may furnish employers
and employees such information as may assist them in an understanding of
tlieir rights and obligations thereunder. The provisions of this article do
not apply to public utilities not required by law to make reports of accidents
to the public utilities commission, but the latter must furnish the commissioner
of labor with duplicate reports of all accidents otherwise reported to him under
tlie provisions of this chapter.]
A rticle
VII.—Public employees
(1281) S ection 1-(1289) S ec, 9. Acceptance by employees; procedure.—
[Acceptance of the provisions of this chapter by a town shall be by vote of its
electors. Notices by employees are to be given to the attorney general if the
employer is the State, and to the treasurer if the employer is a city or town.
Officials named may appoint a physician to render the medical and hospital
services prescribed, though in an emergency another physician may provide
the necessary aid. but this is not to be construed to prevent tlie employee from
selecting the physician and hospital as provided in section 5 of Article II
hereof. The attorney general may act in agreements and settlements of claims
against the State, the council of any ciry or town may appoint some person or
persons, not exceeding three in numl>er. to enter into and execute agreements
in cases of claims against such city or town. Expenses are to be met out of
the general funds of the State and its municipalities. Legal proceedings are
to be brought iu the same manner and with the s.ane force and effect as iu the
case of any other employer and employee. The provisions requiring insurance
do not apply to the State or any city or town.]
A rticle
(1290) S ect rox
w ise requires—
VIII.—Mixceilaneoux provtoion*
1. DcflnttUm*.—In
this chapter, unless the context other
(a)
The word “ employer’* shall include any person, copartnership, cori>oration. or voluntary association, and the legal representative of a deceased em
ployer, and on and after the first day of June, A. D. 1017, 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.
(ft) The word “ employee” means any person who has entered into the em
ployment of, or works uuder contract of service or apprenticeship with any
employer, and whose remuneration does not exceed $3,000 a year, except that
in the case of a city or town it shall only mean such class or classes of em
ployees 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 whoso
employment is of a casual nature and who is employed otherwise than for the
purpose of the employer’s trade or business, nor shall it include the members
of the regularly 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 l>e. Any
reference to an employee who has been injured shall, where the employee is
dead, include a reference to his dependents, as hereinbefore defined, or to his
legal representative, or, where he is a minor or incompetent, to his couservator
or guardian.
TEXT OF LAWS— BHODE ISLAND
465
(1291) Sec. 2. Other statutes.—Nothing in this act shall affect the liability
of the employer to a fine or penalty under any other statute.
(1292) Sec. 3. Provisions severable.—If any section of this act shall be
declared unconstitutional 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 part so declared unconstitutional or
invalid.
(1293) Sec. 4. Action for death not allowed.—In all cases where an em
ployer and employee shall have elected to become subject to the provisions of
this chapter the provisions of section fourteen of chapter three hundred and
thirty-three of the general laws [giving a right to sue for damages for death
by wrongful act] shall not apply while this chapter is in effect
(1294) Sec. 5. Title.—This act may be cited as “ workmen’s compensa
tion a ct”
SOUTH DAKOTA
COMPILED LAWS OF 1919
Compensation of workmen for injuries
S ection 9436. Title.—This article .shall be known as the South Dakota work
men's compensation law.
Secs. 9437, 9438. Election.— LEvery employer ami employee except as stated
in this article is presumed to have accepted its provisions and is bound thereby
except as otherwise provided. If rejection has been made it may be waived
by notice. Notice of exemption or acceptance must be given 30 days prior to
any accident resulting in injury or death unless it should be the first 30 days
after the date of employment, when notice given at the time of the employ
ment is sufficient. Employers must post notice conspicuously or serve per
sonally upon the employee. Employees must serve personally or send notice
by registered letter. A copy of such notice must be filed with the industrial
commission.]
S ec . 9439 (as amended 1923, ch. 311). Insurance.— [Employers under the
act must insure as provided, and shall then be liable only according to the
terms of the act. The State and its municipalities are not required to give
or furnish any bond or undertaking, but mny protect their risks by bonds if
desired.]
Sec. 9440. Remedy exclusive.—The rights and remedies herein granted to an
employee subject to this article, on account of personal injury or death by
accident arising out of and in the course of employment, shall exclude all
other rights and remedies of such employee, his personal representatives,
dependents or next of kin, on account of such injury or death.
Sec. 9441. Statutory duty.—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.
Sbc. 9442 (as amended 1921, ch. 421). Willful, etc., acts.—No compensation
shall be allowed for any injury or death due to the employee’s willful mis
conduct, including intentional self-inflicted injury, intoxication, or willful
failure or refusal to use a safety appliance furnished by the employer, or to
perform a duty required by statute: Provided, That the burden of proof under
this section shall be on the defendant employer.
Sec. 9443 (as amended 1919. ch. 364; 1923, ch. 312). Employments excluded.—
This article shall not apply to an employee whose employment is not in the
usual course of trade, business, profession, or occupation of the employer; to
farm laborers; to domestic servants nor to the employers of such persons: Pro
vided, That snch employers may place themselves under the provisions of the
workmen's compensation law' by voluntarily insuring their risks under such law,
and their employees shall have the right of rejection of such provision if they
so desire.
S ecs . 9444, 9445. Actions at law.— [E m ployers electing not to accept the act
m ay not. in an y action fo r dam ages, plead the common law d efe n ses; but if
the em ployer has accepted and the employee rejects, the defenses are available.]
Sec. 9446 (as amended 1921, ch. 416). Liability of third parties.— [Where a
legal liability to pay damages lies against a third party the injured employee
may either claim compensation or bring action, or he may proceed against
both but shall not collect from both. If compensation is awarded the employer
may collect in his own name or that of the injured employee the amount of the
liability of the third party, holding the same for the benefit of the injured
employee or his personal representative, if deceased, less the amount of com
pensation paid and necessary and reasonable expenses of collecting dam
ages.]
Skc. 9447. Contractors.—A principal, intermediate, or subcontractor shall be
liable for compensation to any employee injured while in the employ of any one
of his subcontractors and engaged upon the subject matter of the contract,
466
TEXT OF LAWS— SO CTli DAKOTA
467
to the same extent as the immediate employer. Any principal, intermediate
or subcontractor who shall pay compensation under the provisions of this
section may recover the amount paid from any person who, independently
of this section, would have been liable to pay compensation to the injured em
ployee. Every claim for compensation under this section shall in the first
instance be presented to and instituted against the immediate employer, but
such proceeding shall not constitute a waiver of the employee’s rights to recover
compensation under this article from the principal of intermediate contractor:
Provided, That the collection of full compensation from one employer shall bar
recovery by tlie 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.
Sec. 1)448. Waivers.—No contract or agreement, express or implied, no rule,
regulation, or other device, shall in any manner operate to relieve any em
ployer in whole or in part of any obligation created by this article except
as herein provided.
Sec. 9449. Preference of claims.—All rights of compensation granted by this
article shall have the same preference or priority for the whole thereof against
the assets of the employer as is allowed for any unpaid wages for labor.
Sec. 9450. Assignments, etc.—No claim for compensation under this article
shall be assignable, and all compensation and claims therefor shall be exempt
from all claims of creditors.
Sec. 9451. Public employees.—The provisions of this article, except sections
9438, 9444, and 9445, shall apply to the State and any municipal corporation
within the State, or any political division thereof, and to the employees thereof.
S ec . 9452. Interstate commerce.—This article, except sections 9478 and 9479,
shall not apply to employees engaged in interstate or foreign commerce, nor to
their employers, in case the laws of the United States provide for compensa
tion or for liability for injury or death by accident of such employees.
Sec. 9453. Accident without State.—Every employer and employee under this
article, except as provided in the preceding section, shall be bound by the pro
visions 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.
S ec. 9454. Prior accidents.—The provisions of this article shall not apply to
injuries, deaths, or accidents which occurred prior to the 1st day of July, 1917.
S ecs . 9455-9457. Notice; claim.— [Injured employees or their representatives
must immediately, or as soon as practicable, give written notice to the em
ployer of any injury, until which the employee will not be entitled to a physi
cian’s fee nor to compensation unless it can be shown that the employer or his
agent or representative had knowledge of the injury or death, or that notice
was prevented by reason of physical or mental incapacity, fraud or deceit of
some third person or other equally good reason. In any case, notice must be
given within 30 days unless reasonable excuse is made. Ordinary language
may be used, and no inaccuracy will bar compensation unless the employer is
prejudiced thereby, and then only to the extent of such prejudice. Service may
be personal or by registered letter. Claims are barred unless filed within one
year after the injury or death.]
Sec. 9458 (as amended 1919, ch. 363; 1921. chs. 418, 420). Compensation for
death.—The amount of compensation which shall be paid for an injury to the
employee resulting in death shall be:
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
$1,650, and not more in any event than $3,000. Any compensation payments
other than necessary medical, surgical, or hospital fees or services shall be de
ducted 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 $1,650 and not more in any event than $3,000. Any compensation
payments other than necessary medical, surgical, or hospital fees or services
shall be deducted in ascertaining the amount payable on death.
468
w o r k m e n ’ s c o m p k x s a t io x
la w s—
UNITED state s
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 para
graph 1 of this section as (be average annual contributions which the deceased
made to the support of such collateral dependent heirs during two years
preceding the injury bear to his earnings during such two years.
4. if no amount is payable under paragraphs 1, 2, or 3 of this section, a
sum not to exceed $150 ior burial expenses.
5. All compensation, except for burial oxpen*es, provided for in this section
to be paid in case injury results in death, shall be paid in installments equal
to one-lialf 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: Prowled, Such compensation may be
paid in a lump sum upon petition as provided in section 0400.
6. The compensation to be paid for injury which results in death, as pro
vided in this section, shall be paid at the option of the employer either to
the personal representative of the deceased employee or to his beneficiaries
and shall he distributed to the heirs who formed the basis for determining
tne amount of compensation to be paid by the employer, the distributees’
shares to be in the proportion of their respective dependency at the time of
the injury on the caruings 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 such
compensation Lso paid. The distribution by the personal representative of the
compensation] paid to him by the employer shall be made pursuant to the order
of (lie court appointing him. With the consent and approval of the industrial
commissioner, the employer may pay to the surviving widow of a deceased
the compensation payable to such widow and the minor children of the de
ceased without the necessity of the appointment of a guardian for such minor
children and payment of such compensation by the employer shall relieve
him of all obligation as to the distribution of such compensation so paid.
Except in those cases where a lump-sum settlement has been made, such,
approval by the industrial commissioner may be at any time revoked or modi
fied for cause.
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 of such dependent to compensation under this section
ceases. 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.
8. No compensation shall be payable under this act to a widow or dependent
unless such widow or dependent was a resident of the United States at the
time of the death of the deceased.
Sec. 9459 (as amended 1919, ch. 363 ; 1921, ch. 419; 1923, ch. 310). Com
pensation for injury; how computed and paid; notice.—The amount of com
pensation which shall be paid to the employee for an injury not resulting in
death shall be:
1. The employer shall provide necessary first aid, medical, surgical, and
hospital services; also medical and surgical supplies and apparatus during
disability and treatment and hospital services for a period not longer than
12 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 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 ex
tends beyond the 10th day, compensation shall begin the 11th 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 shall be equal to 55 per cent of the earnings, but not to
exceed $15 per week and not less than $7.50 per week, except that when the
amount earned is less than $7.50 per week, in which case the amount of
compensation shall bo the average weekly wage earned: And provided further,
TEXT OP LAWS— SOUTH DAKOTA
469
That in case such injured employee is treated or examined by any physician
employed or recommended by the employer, it shall be the duty of such phy
sician on the 11th day after such injury, or as soon thereafter as possible,
to certify to the employer the number of days prior thereto during which
the injured employee has by reason of such injury been incapacitated from
earning full wages, if in the judgment of such physician such employee has
been so incapacitated, and such employee shall be entitled to comjKiiisation
therefor. Such physician shall be entitled to a fee of 50 cents for such certifi
cate, to be paid by the employer, and which certificate shall, if so requested
by the employee, be submitted by the employer for such inspection: And pro
vided 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 hereinbefore specified in this subdivision
may by mutual agreement 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 tbe employer to the injured employee and without recourse upon the insur
ing company.
3. For any serious and permanent disfigurement to the hand, head, or face,
the employee shall be entitled to compensation for such disfigurement, 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 preceding 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 bo payable under this paragraph where compensation is payable under
paragraph 4, 5, or 6 of this section: And provided further, That when disfigure
ment is to the band, 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, compensation for
such disfigurement may be had under this paragraph.
4. If. 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 earn
ing or is able to earn in some suitable employment or business after the acci
dent. 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 assert
ing a claim for compensation under this article, provided notice of such claim
is filed with the industrial commissioner within 18 months after he returns to
such employment, and the commissioner shall immediately send to the em
ployer by registered mail a copy of such notice.
5. For injuries in the following schedule the employee shall receive, in addi
tion to compensation during the period of temporary total incapacity for
work resulting from such injury, in accordance with the provisions of subdi
visions (1) and (2) of said section 9459, compensation for a further period,
subject to the limitations as to time and amounts fixed in subdivision (2)
and (8) of said section 9459, for the specific loss mentioned herein as fol
lows, but shall not receive any compensation under any other provision of
this act.
(а) For the loss of a thumb, or the permanent and complete loss of its use,
65 per cent of the average weekly wage during 50 weeks.
(&) For the lass of a first finger, commonly called the index finger, or the
permanent and complete loss of its use, 55 per cent of the average weekly wage
during 35 weeks.
(c) For the loss of a second finger, or tbe permanent and complete loss of
its use, 55 per cent of tlie average weekly wage during 30 weeks.
(d) For the loss of a third finger or tbe permanent and complete loss of its
use, 55 per cent of the average weekly wage during 20 weeks.
(б) For the loss of a fourth finger, commonly called the little finger, or the
permanent and complete loss of its use, 55 per cent of the average weekly wage
during 15 weeks.
470
WOHKME n ’ s COMPENSATION LAWS— UNITED STATES
if) The loss of the first phalange of the thumb, or of auy finger, shall be con
sidered to be equal to the loss of one-half of such thumb or finger and compen
sation shall be one-half of the amounts above specified.
(y) The loss of more than one phalange shall be considered as the loss of the
entire linger or thumb: Provided, hoicetw, 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 cent of the average weekly wage
during 30 weeks.
(i) For the loss of one or more of the toes other than the great toe, 55 per
cent of the average weekly wage during 10 weeks, and for the additional loss
of one or more toes other than the great toe, 55 per cent of the average weekly
wage during an additional 10 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.
(fc) The loss of more than one phalange shall be considered as the loss of
the entire toe.
(/) For the loss of a hand, or the permanent and complete loss of its use, 55
per cent of the average weekly wage during 150 weeks.
(m) For the loss of an arm, or the permanent and complete loss of its use,
55 per cent of the average weekly wage during 200 weeks.
(n) For the loss of a foot, or the permanent and complete loss of its use, 55
per cent of the average weekly wage during 125 weeks.
(o)
For the loss of a leg, or the permanent and complete loss of its use, 55
per cent of the average weekly wage during 160 weeks.
(p) For the loss of the sight of an eye, 55 per cent of the average weekly
wage during 100 weeks.
((/) in all cases in the above schedule under this paragraph, where the loss
of use is partial and permanent, the compensation shall bear such relation to
tbe maximum amount for complete and permanent loss of use as defined in
this paragraph as the partial loss of use bears to complete loss of use.
(>) The loss of both hands or both arms, or both feet, or both legs, or both
eyes, or of any two thereof, or complete and permanent paralysis, or total and
permanent loss of mental faculties, or any other injury which totally incapaci
tates the employee from working at any occupation 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 permanent, disability shall not be construed as excluding other
cases of total or permanent disability.
In ease of complete disability which renders the employee wholly and per
manently incapable of work, compensation equal to 55 per cent of his earnings,
bur. not less than $7.50 nor more than #15 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 0458
of said Revised Code.
7. In case death occurs as a result of the injury before the total of the pay
ments made equals the amount payable as a death benefit, then in case the
employee leaves any widow, child or children, parents, grandparents, or other
lineal heirs entitled to compensation under 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 rep
resentative or the beneficiaries of the deceased employee and distributed as pro
vided in paragraph 6 of the preceding section, but in no case shall the amount
payable under this paragraph be less than $500.
8. In no event shall the compensation to be paid exceed 55 per cent of the
average weekly wage or exceed $15 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 accident. In case an injured employee
shall be incompetent at the time when any right or privilege accrues to him
under the provisions of this act, a 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 employee had been competent
and had claimed or exercised said right or privileges; and no limitations of
time by this act provided shall run so long as said incompetent employee is
without a guardian.
TEXT OF LAWS— SOUTH DAKOTA
471
9. All compensation provided for in paragraphs 2, 3, 4, 5, and 6 of this section
shall be paid in installments at the same intervals at which the wages or earn
ings 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.
S ec. 9460. Lump sums.— [An employer, employee, or beneficiary may peti
tion the industrial commissioner for commutation of unpaid benefits, or any
part thereof, and if it appears to the best interests of the parties, commuta
tion will be allowed, representing the present value upon the basis of interest
calculated at 5 per cent per annum with annual rests. In cases indicating
complete disability no petition will be considered until after the expiration
of six months from the date of the injury. A guardian or administrator may
be appointed for persons under disability entitled to compensation, who
may act for the beneficiary, and if there be no legal representative, the em
ployer may petition for his appointment. Either party may reject an award
of a lump-sum payment, except an award under section 9458 or paragraph 5
of section 9459, or for injuries therein defined as total and permanent.]
Sec. 9461. Basis of computation.—The basis for computing the compensation
provided for in sections 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 pre
ceding the injury.
2. Employment by the same employer shall be taken to mean employment
by the same employer in the grade in which the employee was employed at
the time of the accident, uninterrupted by absence from work due to illness
or any other unavoidable cause.
3. If the injured person has not been engaged in the employment of the
same employer for the full year immediately preceding the accident, the
compensation shall be computed according to the annual earnings which per
sons 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 operate
throughout the working-dajrs of the year, the annual earnings, if not other
wise 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 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 earnings: Provided, That the mini
mum number of days which shall be so used for the basis of the year's work
shall be not less than 200.
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 local
ity, 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 earn
ings for the number of hours commonly regarded as a day’s work for that
employment and shall exclude overtime earnings. The earnings shall not in
clude 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 compensation for each sub
sequent injury shall be apportioned according to the proportion of inca
pacity and disability caused by the respective injuries 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.
Skc. 9462. Remedy exclusive.—The compensation herein provided, together
witli the provisions of this article, shall be the measure of the responsibility
which the employer has assumed for injuries or death that may occur to em
ployees in his employment subject to the provisions of this article.
S ec . 9463. Medical examinations.— [Employees must submit to medical ex
aminations on request of the employer as soon as practicable after the injury,
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al.-o one week after the first examination and thereafter at Intervals not often *r
than once every four weeks. The employer may have his physician present,
and if he does not, the examining surgeon must, at the request of the injured
employee or his representative, furnish a statement in writing of the condition
and extent of the injury the sain? as reported to the employer. Refusal to
submit to examination or obstructing the same suspends the right to payments
and no compensation shall be payable for such period. If an injured employee
is likely to die, the surgeon treating him at the instance of the employer must
call another surgeon designated and paid for by the injured employee or his
beneficiary to make an examination before the death of the injured employee.]
►Srccs. 0464 (as amended 1025. ch. 302), 0465 (as amended 1019, ch. 364: 1021,
ch. 422; 1025, ch. 302). Industrial commissioner.— [An industrial commissioner
is appointed by the governor for a period of two years and until his successor
is appointed and qualified. lie may be removed from office by the governor and
is charged with the authority of carrying out and enforcing the provisions of
this article. Bond is required. A salary of $2,400 is fixed and office is to be
furnished at the State capitol, together with such clerical assistance as is
necessary for the proper discharge of his duties.]
S ecs. 0466-9460, 9470 (a s amended 1919, oh. 364: 1925. ch. 304), 9471 (as
amended 1021, ch. 417: 1025. ch. 305), 9472-9476. Procedure.— [The commis
sioner may make rules and regulations for carrying out the provisions of this
article, has power to subpoena witnesses, administer oaths, examine books and
records relating to questions in dispute or under investigation. Attendance and
testimony may be enforced by proceedings had in the circuit court. Annual re
ports are required. If the parties reach an agreement as to compensation a
memorandum must be filed with the industrial commissioner, and unless dis
approved within 20 days it shall stand and be enforceable for all purposes under
the provisions of this article. If the parties fail to reach an agreement they
may notify the commissioner, who shall thereupon call for the formation of a
board of arbitration of three persons, one named by each party, the com
missioner acting as chairman. If either party fails to appoint his representa
tive within seven days after notice, the commissioner is to fill the vacancy and
notify tlie parties unless good cause is shown for delay. The parties may waive
hearing by a board, either by failure to make an appointment or by stipula
tion, and hearing shall then proceed before the commissioner or deputy com
missioner. Such investigations shall be made as are deemed necessary, and
hearings may be held at places convenient to the parties and witnesses.
Records an* to be kept and rulings and findings of fact are to be filed in the
office of the industrial commissioner. Unless a claim for review is filed within
10 (lays from the date of the filing of the finding of the board in the office of
tiie industrial commissioner, the decision is enforceable.
The commissioner may appoint an impartial physician to examine the injured
employee and report. The fee is fixed at $5, with traveling expenses, but addi
tional reasonable amounts may be allowed in extraordinary cases. The physi
cian may testify as to the result of his examination before the commissioner
or any other person, commission, or court. Arbitrators’ fees are $5 per day for
each except the industrial commissioner, who may allow additional reasonable
amounts. The employer pays the fees but may deduct one-half the sum from
any compensation found due the employee. Other costs are to be taxed on the
losing party or an equitable apportionment made.
If a claim for review is filed, the commissioner shall hear the parties and all
evidence and may revise the decision of the board of arbitration in whole or
in part or refer the matter back to the board. The party is. as a matter of
right, entitled to a second hearing upon any question of fact. A certified copy
of any order or decision of the commission or board not appealed from may be
filed in the circuit court of a county, whereupon a decree will issue with the
same effect as though rendered in an action heard and determined by the court,
except that there shall be no appeal on questions of fact nor where the decree
is based on an award or decision of the commissioner which has not been pre
sented to the court within 10 days after notice of the filing by the commis
sioner. The decree will be modified to conform to any variations in the award
certified by the industrial commissioner. Payments under the article may be
reversed by the industrial commissioner at the request of either party and
modified according to his findings.]
Sec. 9477 (as amended 1919. ch. 264). Fees.— [Fees of attorneys and physi
cians are subject to the approval of the industrial commissioner unless other
wise provided in this article; but a claimant may, by written application, secure
TEXT OF LAWS— SOUTH DAKOTA
473
the attorney of tbe county to appear for him in any and all hearings before the
board of arbitration or an appeal to the courts, without cost to the claimant.
This provision is not to abridge the right of the claimant to employ such
counsel as he may desire.]
S ecs . 9478, 9479. Reports; records.— [Employers must keep a record of all
injuries sustained by employees, the same to be reported in writing to the
industrial commissioner within 48 hours after knowledge thereof; Sundays and
legal holidays are not counted. Supplementary reports are to be made on the
termination of the disability, and within 60 days in any case, giving required
data. Books, records, and pay rolls referring to wage expenditure must always
be open for inspection, but the information obtained may be used for no other
purpose than for the information of the commissioner or insurance company
with reference to the duties imposed upon him. Refusing inspection incurs a
penalty.]
S ecs . 9480, 9481. Commissioner.— [No commissioner or deputy may be inter
ested in any business enterprise affected by this article during his term of office;
commissioners may be removed for incompetency, inefficiency, neglect of duty,
or malfeasance, but only after hearing.]
S ecs . 9482, 9483. Insurance.— [Insurance in an approved corporation or or
ganization is required, and evidence thereof must be submitted on demand of
the industrial commissioner or of the commissioner of insurance. Employers
may exchange contracts of insurance through any medium named in their agree
ments, and a certificate of authority issued by the insurance company of any
State, together with a financial statement showing its solvency, is evidence of
compliance.]
Sec. 9484-9486. Compensation plans.— [Any employer or group of employers
may enter into or continue an agreement with their workmen to provide a plan
of compensation or insurance in lieu of that provided by this article. Certifi*
cates are issued when the plan is approved, whereupon it is legal to substitute
such plan until and unless the plan is terminated on reasonable notice on
grounds of latent defects or other substantial reason.]
S ec . 9487. Commission.— [Not more than 15 per cent of the premium charged
may be charged, accepted, or paid as commission for placing or renewing
insurance.]
S ec. 9488. Self-insurers.— [On proof of financial ability, or the deposit of
satisfactory security, the insurance commissioner and industrial commissioner
may approve self-insurance. A showing that the employer is a member of an
association as provided in section 9483, submitting its financial statement show
ing its solvency, shall be considered satisfactory proof of the employer’s financial
ability.]
S ec . 9489 (as amended 1919, ch. 363). Appeals.— [Employers or employees
may appeal to the circuit court of the county from any adverse decision of the
commissioner of insurance or industrial commissioner arising under this article.
The court may then remand the case for action required by its order, or may
enter judgment.]
S ec . 9490. Definitions.—In this article, unless the context otherwise re
quires—
“ Employer ” shall include the State and any municipal corporation within the
State or any political subdivision thereof, and any individual, firm, association,
or corporation, or the receiver or trustee of the same, or the legal representa
tives of a deceased employer, using the services of another for pay. If the
employer is insured it shall include his insurer so far as applicable.
“ Employee ” shall include every person, including a minor, in the service
of another under any contract of employment, express or implied, 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 em
ployee 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.
“ 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 tlie injured employee lost more than seven consecutive calendar days
during such period, although not in the same week, the earnings for the re
mainder of such 52 weeks shali be divided by the number of weeks remaining
after the time so lost has been deducted. Where the employment prior to tlie
injury extended over a period of less than 52 weeks, the method of dividing
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the earnings (luring 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 employer, or the casual nature or terms of the
employment, it is impracticable to compute average weekly wages as above
defined, regard shall be had to the average weekly amount which, during the
52 weeks previous to the injury, was being earned by a person in the same
grade employed at the same work by the same employer, or if there is no
person so employed, by a person in the same grade employed in the same class
of employment in the same district. Wherever allowances of any character
made to an employee in lieu of wages are specified as part of the wage con
tract, they shall be deemed a part of his earnings.
“ Injury ” or “ 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.
ACTS OF 1919
C ha p te r
362
(a s amended
1921,
ch.
423).—Operation of threshing machines
[The provisions of the workmen’s compensation act are extended and apply
to the occupation of operating threshing machines, including traction engines
and separators, in the State of South Dakota and compliance with the act
is required of all persons, firms, or corporations engaging in such operation.
Policies of insurance may be written by any company authorized, and con
tracts for threshing grain without first procuring a policy are null and void.
The act relates only to those operating threshing machines for profit, and not
by owners or those not generally engaged in such operation for commercial
purposes.]
TENNESSEE
ACTS OF 1910
Chapter 123.— Compensation of workmen for injury
Section 1. Title.—This act shall be known as the workmen's compensation
ad.
Sec. 2 (as amended 15)23, ch. 84). Definition*.—In this act, unless the context
otherwise requires—
[a)
“ Employer*’ shall include any individual, firm, association, or corpora
tion, or the receiver or trustee of the same, or the legal representatives of a
deceased employer, using the services of not less than live persons for pay. If
the employer is insured it shall include his insurer, unless otherwise herein
provided.
(ft) ••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
heroin to an employee who has beeu injured shall, when the employee is (lead,
also include his legal representatives, dependents, and other persons to whom
compensation may be payable under this act.
(o)
“Average weekly wages” shall mean the earnings of the injured em
ploye* 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 the injury
divided by 52; 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 52 weeks shall be divided by the number
of weeks remaining after the time so lost has been deducted. Where the em
ployment. 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 which the employee earned wages shall be followed:
Provided, Results just and fair to both parties will thereby be obtained. Where
by 1*0:1son of the shortness of the time during which the employee has been in
the employment of his employer, it is impracticable to compute the average
weekly wages as above defined, regard shall be had to the average weekly
amount which during the first 52 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. Wher
ever 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 accident
arising out of and in the course of employment, aud shall not include a dis
ease iu any form except as it shall naturally result from the injury.
S e c s . 3. 4. Election.— [Employers and employees except as herein stated are
presumed to have accepted the provisions of this act unless prior to any action
notice to the contrary is given by an employer by posting a statement of the
rejection, duplicate to be filed with the department of labor (formerly with
the bureau of workshop and factory inspection) of the State or by the em
ployee giving written or printed notice to his employer of like effect with proof
of service on the employer attached together with an affidavit that such action
was not advised, counseled, or encouraged by the employer or any one acting
for him, the same to be similarly filed. Notice must be given 30 days prior
to any accident unless occurring less than 30 days after the date of the
employment. 1
Skc. 5. Relation to other acts.—Nothing in this act contained shall be con
strued as amending 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
11)65°—2C------31
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dependents o f such employers, op as in any manner interfering with the same
as now or hereafter established.
Skc. 6 (as amended 3923. ch. 84). Excluded occupation*.—This act shall not
apply to—
(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 agricultural
laborers and employers thereof.
id) In case where less than 10* persons are regularly employed: Provided,
however. That in such cases the employer may accept tlie provisions of this
act by filing written notice thereof with the Slate factory insi>ector at least
30 days before the happening of any accident or death, and may at any time
withdraw ihe acceptance by giving like notice of withdrawal.
(c) To the Stale of Tennessee, counties thereof, and municipal corporations:
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 30 days before the happening of any accident or
death, and may at any time withdraw the acceptance by giving like notice
of the withdrawal.
Skc. 7. What payment vaUd.—Whenever payment of compensation is made
to u widow or widower for her or his use, or for her or his use and the use of
a child or children, the written receipt thereof by such widow or widower shall
acquit the employer.
Whenever payment is made to any person 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 18 years, or to a
dependent child as defined in subsection 2 of section 30 over the age of 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
m i n o r for loss of services.
Sec?. 8. Remedy exclusive.—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 personal rep
resentative. dependents, or next of kin, at common law or otherwise, on account
of such injury or death.
Sec. 9. statutory duties.—Nothing in this act shall be construed to relieve
any employer or employee from penalty for failure or neglect to perform any
statutory duty.
Skc. 30. Willful. etc., acts.—No compensation shall be allowed for an injury
or d^arh due to the employee’s willful misconduct or intentional self-inflicted
injury, due to intoxication or willful failure or refusal to use a safety ap
pliance 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.
K f c s . 11-13. Common-law defences.— [Employers rejecting the act if sued by
an employee electing to accept it are not permitted to plead the common-law
defenses: but if au employee rejects and an employer accepts, the employer
may avail himself of such defenses in any action for damages. So, also, if
both parties elect not to come under the act.]
Skc. 14. LiaUlity of third parties.— rWhere a third party is liable for the
injury the employee may. at his option, claim compensation or proceed at law
against the person liable, or proceed against both, but may not collect from
both. If compensation has been paid or the employer becomes liable therefor,
he may sue in his own name or that of the injured employee to recover from
tlie other person liable the indemnity paid or payable to the injured em
ployee.]
Sec. 15. Employees of contractors.—A principal, intermediate, or subcon
tractor shall be liable for compensation to any employee injured while in the
employ of any of his subcontractors and engaged upon the subject matter of
the contract to the same extent as the immediate employer.
1 P r o b a b ly
s h o u ld
be *5;
see sec.
2
(a),
fus amended.
TEXT OP LAWS— TENNESSEE
477
Any principal, Intermediate, or subcontractor who shall pay compensation
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 any intermediate contractor.
Every claim for compensation under this section shall be in tlie first instance
presented to and instituted against the immediate employer, but such proceed
ings shall not constitute a waiver of the employee's rights to recover compen
sation 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 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 has uudortaken to
execute work or which are otherwise under his control or management.
Sec. 16. Waivers.... No contract or agreement, written or implied, nor 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 except as herein pro
vided.
Sec. 17. Preference.—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: Provided,
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.
S e c . 18. Assignments, etc.—No claim for compensation under this act shall be
assignable, and all compensation and claims therefor shali be exempt from
claims of creditors.
S e c . 19. Injuries outside State.—When an accident happens while the em
ployee is employed 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.
S e c . 20. Second injuries.—If an employee has previously sustained a perma
nent injury elsewhere than in the employment in which he sustains a subse
quent permanent injury, he shall be entitled to compensation only for the dis
ability that would have resulted from the latter accident if tlie earlier injury
had not existed, and such earlier injury shall not be considered in estimating
the compensation on the basis of either a total or partial disability to which
the employee may be entitled under this act.
Sec. 21. Prior injuries.—This act shall have no retroactive effect, and shall
not apply to actions for accidental injury or death occurring prior to the pas
sage 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.
S e c s . 22-24. Notice; claim.— [Immediate notice, or as soon as practicable,
must be given an employer of the occurrence of an injury, the same to be in
writing by the injured employee or his representative. No right to physician's
fee or compensation accrues until the giving of such notice unless it can be
shown that the employer had actual knowledge of the accident, and no com
pensation shall be payable unless such written notice is given the employer
within 30 days unless reasonable excuse for the failure is made. Notice
is to be in simple language, stating the essential facts, signed by the claimant
or someone in his behalf, and no defect or inaccuracy bars compensation
unless prejudice is proved, and then only to the extent of such prejudice.
Service may be personal on the employer or his agent. Claims are forever barred
unless the notice is given as required and claim submitted within one year
after the accident.]
Sec. 25. Medical, etc., aid.—During the 30 days after the notice required
by section 23 of this act to be given tho 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 30 days as the employer may elect, and the employee shall accept the
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same: Provided, however, That the total liability of the employer under this
section shall not exceed $100: And provided further, That the pecuniary
liability of the employer for such services rendered the employee slut 11 be
limit*, d to such charges as prevail for similar treatment in the community
whore 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 to
the medical service, etc., referred to above, pay the burial expenses of the
deceased employee, not exceeding $100. If the deceased employee leaves no
dependents entitled to claim compensation 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
employer's physician at all reasonable times if requested to do so by the
employer, but the employee shall have the right to have his own physician
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 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 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, 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 employer and
who treats or 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 as same relates to the injury or disability
arising therefrom.
If in an emergency or on account of the employer’s failure or refusal to
provide the medical care and service required by this act, the injured employee
or his dependents may provide the same, and the cost thereof, not exceeding
$1.00, shall be borne by the employer: Prox>\ded, That the pecuniary liability
of such employer shall be limited to the charges for such service as prevail in
the community 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.
S e c . 26 (as amended 1928, ch. 84). Waiting time.—No compensation shall be
allowed for the first seven days of disability resulting from the injury ex
cept the benefits provided for in section 25 of this act, but if disability ex
tends beyond that period, compensation shall commence with the eighth 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 begin
ning with the first day after the injury.
S e c . 27. Agreements.—The interested parties shall have the right to settle
all matters of compensation between themselves, but all settlements, before
the same are binding on either party, shall be approved by the judge of the
circuit court of the county where the claim for compensation 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 $2, shall be borne by the employer.
S e c . 28 (as amended 1923, ch. 84). Compensation payments; schedule.—
The following is the schedule of compensation to be allowed employees under
the provisions of this act:
(a)
For injury producing temporary total disability, 50 per cent of the
average weekly wages as defined in this act, subject to a maximum compen
sation of $12 per week and a minimum of $5 per week: Provided, That if the
employee receives $5 or more per week, then he shall receive as compensation
not less than $5 per week; if he receives $5 or less per week, then the full
TEXT OF LAWS— TENNESSEE
479
amount of his weekly wages. This compensation shall be paid during the
period of the disability of employee, but, however, not to exceed 300 weeks.
The compensation shall be paid at intervals when the wage was payable, as
nearly as may be.
( h) In all cases of temporary partial disability the compensation shall
be 50 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 paid during the period of such disa
bility, not, however, beyond 300 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.
(e)
For the permanent partial disability, the compensation shall be based
upon the extent of such disability. In cases included by the following schedule
the compensation shall be that named in the schedule, to w it:
For the loss of a thumb, 50 per cent of the average weekly wages during 60
weeks.
For the loss of a first finger, commonly called index finger, 50 per cent of
average weekly wages during 35 weeks.
For the loss of a second finger, 50 per cent of average weekly wages during
80 weeks.
For the loss of a third finger, 50 per cent of average weekly wages during
20 weeks.
For the loss of a fourth finger, commonly called little finger, 50 per cent of
average weekly wages during 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 compen
sation 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, 50 per cent of average weekly wages during 30
weeks.
For the loss of one of the toes other than the great toe, 50 per cent of the
average weekly wages during 10 weeks.
The loss of the first phalange of any toe shall be considered to be equal to
( h e loss of one-half of such toe, and c o m p e n s a t i o n
shali be paid at the pre
scribed 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, 50 per cent of average weekly wages during 150
weeks.
For the loss of an arm, 50 per cent of the average weekly wages during
200 weeks.
For the loss of a foot, 50 per cent of average weekly wages during 125
weeks.
For the loss of a log, 50 per cent of average weekly wages during 175 weeks.
For the loss of ail eye, 50 per cent of average weekly wages during 100
weeks.
For the complete permanent loss of hearing in both ears, 50 per cent of
average weekly wages during 150 weeks.
For the loss of an eye and a leg, 50 per cent of average weekly wages
during 350 weeks.
For the loss of an eye and an arm. 50 per cent of average weekly wages
duriug 350 weeks.
For the loss of an eye and a hand, 50 per cent of average weekly wages
during 325 weeks.
—For the loss of an eye and a foot, 50 per cent of average weekly wages
during 300 weeks.
For the loss of two arms, other than at the shoulder, 50 per cent of average
weekly wages during 400 weeks.
For the loss of two hands, 50 per cent of average weekly wages during
400 weeks.
For the loss of two legs, 50 per cent of average weekly wages during 400
wevks.
480
w o r k m e n ’ s c o m p e n s a t i o n l a w s — UNITED s t a t e s
For the loss of two feet, 50 per cent of average weekly wages during 400
weeks.
For the loss of one arm and the other hand, 50 per cent of the average
weekly wages during 400 weeks.
For the loss of one hand and one foot, 50 per cent of the average weekly
wages during 400 weeks.
For the loss of one leg and one hand, 50 per cent of the average weekly
wages during 400 weeks.
For the loss of one arm and one foot, 50 per cent of the average weekly
wages during 400 weeks.
For the loss of one arm and one leg, 50 per cent of the average weekly
wages during 400 weeks.
Where an employee sustains concurrent injuries resulting in concurrent
disabilities, he shall receive compensation only for the injury 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 compensa
tions are provided in the specific schedule and in subsection (e) below. In
all cast's the permanent and total loss of the use of a member shall be con
sidered as equivalent to the loss of that member, but in such cases the
compensation in and by said schedule provided shall be in lieu of all other
compensation.
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 injury to the member bears to
its total loss. If an injured employee refuses employment suitable to his
capacity, offered to or procured for him, he shall not be entitled to any com
pensation at any time during the continuance 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
(e) 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 stated in clause (a).
In all other cases of permanent partial disability not above enumerated the
compensation shall be 50 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, subject to a maximum of $11 per week.
Compensation shall continue during disability, not, however, beyond 300 weeks.
{d) For permanent total disability as defined in subsection ($) below, 50
per cent of the wages received at the time of the injury, subject to a maximum
compensation of $12 per week and a minimum compensation of $5 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 550 weeks, but in all such cases drawing more compensation than
$5 per week, the payments after the first 400 weeks shall be reduced to $5
per week for the remainder of the 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 subsection shall not exceed $5,000 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 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.
( c)
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 occupation which brings him
an income, shall constitute total disability.
if) In case a workman sustains an injury due to accident arising out of
and in the course of his employment, and during the period of disability
*
$14
if
C h a p te r 8 4 , A c t s o f 1 0 2 3 . d e c la r e s $ 1 2 th e m a x im u m ,
tw o , a n d $ 1 5 if th re e .
H o ld t o b e c o n t r o llin g .
if
no
d ep en d en t;
$13
If
one,
TEXT OF TAWS— TKXXESSKE
481
caused thereby death results prnximatelv therefrom, all payments previously
made as compensation for such injury shall be deducted irom the eompensation, if any. due on account of death.
Sec. 29. Two or more employers.—In case any employee for whose injury
or death compensation is payable under this act shall at the time of injury
be employed and paid jointly by two or more employers subject to this act,
such employers 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 otherwise 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 section shall prevent any agreement
between tlie different employers between themselves as to the distribution of
the ultimate burden of such compensation.
Skc. 30 (as amended 1923, ch. S4). Dependent*; benefits, how computed.—
For the purpose of this act the following described persons shall be con
clusively presumed to be wholly dependent:
(1) A wife, unless it be shown that she was voluntarily living apart from
her husband at the time of his injury, and minor children under the age of
16 years.
(2) Children between 16 and 18 years of age, or those over 18, 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 supported by the
deceased workman at the time of his death and for a reasonable period of
time immediately prior thereto, shall be considered his actual dependents,
and payment of compensation shall be made to them in the order named.
(3a) Any member of a class named in subdivision (3) who regularly derived
part of his support from the wages of the decreased workman at the time
of his death and for a reasonable period of time immediately prior thereto
shall be considered his partial dependent, and payment of compensation shall
be made to such dependents in the order named.
(4) In death cases, compensation payable t o »dependents shall be computed
on the following baste, and shall be paid to the persons entitled thereto, with
out administration:
(5) If the deceased employee leaves a widow and no dependent child, there
shall be paid to the widow 30 per cent 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, 40 per cent
of the average weekly wages of deceased.
(7) If the deceased employee leave a widow and two or more dependent
children, there shall be paid to the widow for the benefit of herself aud such
children, 50 per cent 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 deter
mine in its discretion what portion of the compensation shall be ajiplied 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, tlie dependents rdependence] 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 incapaci
tated from earning, and the dependence of such a child shall terminate with
the age of 18.
(10) If the deceased employee leave a dependent orphan, there shall be paid
30 per cent of the monthly wages of deceased, with 10 per cent additional for
each additional orphan, with a mximum of 50 per cent of such wages.
(11) If the deceased employee leave a dependent husband and no dependent
child, there shall be paid to the husband 20 per cent 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, 25 per cent of the average weekly wages of the deceased to such
482
AVORKMKX'S COMl’ KNKATlON LAWS— U.SITED STATES
parent, and if both pa rents. 35 per cent of the average weekly wages of the
deceased to such parents.
(13)
If i he 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, 20 per cent of the average weekly
wages of the deceased, or if more than one, 25 per cent of the average weekly
wages of the deceased, divided between or among them, share and share alike.
(34) 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.
(35) Partial dependents shall be entitled to receive only that proportion of
the benefits provided for actual dependents which the average amount of the
wages regularly contributed by the deceased to such partial dependent at, and
for a reasonable time immediately prior to the injury, bore to the total income
of the dependent during the same time.
(10)
The comiKjnsation payable in case of death to persons wholly dependent
shall be subject to a maximum compensation of $32 per week and a minimum
of $5 per week: Provided, That if at the time of the injury the employee
receives wages of less than $5 per week, the compensation shall be the full
amount of such wages per week. The compensation payable to partial depend
ents shall be subject: to a maximum of $12 per week, and a minimum of $5 per
week: Provided, That if the income loss of said partial dependents by such
death is less than $5 per week, then the dependents shall receive the full
amount of their income loss. This compensation shall be paid during depend
ency not exceeding 400 weeks, payments to be made at the intervals when the
wage was payable as nearly as may be.
(1.7) In computing aud paying compensation to orphans or other children, in
all cases, only those under 18 years of age, or those over 18 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 18, the
latter only for the time they are so incapacitated, within the period of 400
weeks.
(18) Actual dependents shall be entitled to take compensation in the order
named in subsection (3) above until 50 per cent of the 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 $12 per week.3
S e c s . 31-33. Procedure.— [Actions or proceedings to recover compensation
must be begun within one year after the occurrence of the injury if by the
injured employee himself; if by his dependents, one year after the date of
notice in writing given by the employer to the department of labor stating
his willingness to pay compensation when it is shown that the death is one
for which compensation is payable. If the deceased is an alien who has
no known dependents within the United States, it is the duty of the department
to give written notice of the death to the consul or other representative of such
foreign country residing within the State. Proceedings to obtain judgment in
case of defaulted payments for 30 days must be begun within one year. In
case of physical or mental incapacity other than minority the limitation ex
tends one year from the date when the incapacity ceases.
Disputes may be submitted to the judge or chairman of the county court by
either party who is vested with jurisdiction to hear and determine matters in
issue and enter judgment, and enforce the same as courts of record render
and enforce judgment. Proceeding is by petition setting forth the facts on
which the claim is based. Provision is made for answer and for appeals to the
circuit court of the county, where the case will be heard by the circuit judge
de novo. Writs lie to the supreme court in accordance with the practice gov
erning other appeals in the nature of a writ of error in civil causes.
Attorneys’ fees and physicians’ fees and hospital charges are subject to the
approval of the county judge or the court before which the matter is pending,
but no attorney’s fee may be in excess of 20 per cent of the recovery or award. 1
Sec. 34. Alien beneficiaries.— [In case of nonresident beneficiaries, the circuit
court has jurisdiction, payments to be made,to the duly accredited consul or
other representative of the county of which the beneficiaries are citizens. The
*
$13
if
C h a p t e r 8 4 . A c t s o f 1 0 2 3 . d e c la r e s t h a t i f t h e r e is o n e d e p e n d e n t , $ 1 2 i s t h e
tw o , $ 1 4 i f th re e , a n d $ 1 5 if fo u r o r m o re .
H e ld t o b e c o n t r o ll in g .
m a x im u m ,
TEXT OF U W S — TENNESSEE
483
distribution of benefits can be made only on the order of tbe circuit court, which
may require bond to be given conditioned on the satisfactory accounting of
the moneys reecived by such officer. A sworn statement must be submitted
netting forth a list of the dependents with the name, age, residence, etxent of
dependency, and relationship to the deceased employee. .1
S e c s . & > -3 9 . Final settlement.— [Periodical payments may be commuted to
one or more lump sum amounts, but only with the consent of the circuit court.
The present value calculated on a (> per cent basis is provided for. Agreements
and awards covering not more 'than six months* disability are final and not
subject to any adjustment; so, also, are lump sum payments, but periodical
payments for more than six mouths may be modified at any time by agree
ment of the parties, approved by the court, or on appeal to the court, if the
parties do not agree, on claim of change of physical condition.
At any time after the amount of an award has been agreed upon or found
and ordered by the court, a sum equal to the present value calculated 011 a
0 per cent basis may, if the amount of payments is certain, be paid to a sav
ings bank or trust company, by leave of the court, and are to be held in trust
aud disbursed for the benefit of the employee and liis dependents who shall
then have no further recourse against the employer.]
S e c s . 40 (as amended 1923, ch. 84), 41-46. Insurance.— [Employers under
the act must insure their liability in some authorized agency for insurance, or
furnish satisfactory proof of financial ability to meet the obligations under
the act. In the latter case the insurance commissioner may, in his discretion,
require the deposit of an acceptable security or indemnity bond conditioned
to run directly for the benefit of the employees affected, and inforceable by them
in an action in their own name. This act does not apply to policies of insur
ance against loss from explosions or boilers or fly wheels or other similar sin
gle catastrophe hazards. Employers accepting the act must file evidence of
compliance with the insurance requirements annually, which failing liability
in actions at law without the common law defenses continues; but if the
employee claims compensation it will be deemed as a waiver of the right to sue.
No part of the insurance premium may be paid by the employee or deducted
from his salary.
Penalties lie for failure to file evidence of insurance, and a certificate issues
to employers complying with the iwovisions of the act relating to insurance.
This may be revoked after 30 days’ notice and hearing but may be renewed at
any time.
Policies must provide that notice, knowledge, and jurisdiction of the employer
shall be deemed notice or knowledge on the part of the insurer, who is also
bound by awards, orders, and judgments rendered against the employer. There
must also be an agreement for prompt payment, and that the obligation is not
affected by any default of the insured in tbe giving of notice required by the
policy or otherwise. The policy may be enforced directly by the person entitled
to compensation and the failure of the employer to comply witli the provisions
of the policy is not a defense unless it is shown that the injured employee or
his representatives or dependents aided and abetted in seeking to mislead or
defraud the insurer.
The insurance commissioner of the State is given power to enforce the pro
visions of the act relating to the insurance of the payments of awards. He
may furnish forms, make rules and regulations, and supply literature and blanks
deemed requisite to facilitate or promote the efficient administration of the act.]
Sices. 47, 48. Construction.— [The statute is to be equitably construed as a
remedial act to the end that its purposes may be realized and attained. Its
provisions are severable, the invalidity of any part not to affect the validity
of the whole.]
Secs. 49-51. Act in effect.— [An initial appropriation for administering ex
penses is made, conflicting laws repealed except as to pending litigation, and
the act declared effective on July 1, 1919.]
ACTS OF 1923
Chapter 84.—Mhisrs’ insurance fund
[This act amends the compensation law in various sections, modifying, as
noted in sections 28 and 30, by increasing the weekly maximum allowance for
disability and for death according to the number of dependents. The act also
484
w o rk m en 's
COMPENSATION LAWS— UNITED STATES
provides for the establishment of a State insurance fund for coal operators
only.
The provisions relative to the “ Coal operators* protective fund ” are as fol
lows:]
SfccrroN 6. Scope—All the provisions of the said act known as the workmen’s
compensation act. shali hereafter apply to coal mine operators and to their
employees, except as modified heroin.
(a) Each operator of a coal mine may secure his liability under the said
workmen’s compensation act as provided in Section 41 of said act, or shall have
the option of becoming a member of an association of such operators which
association shall provide a fund in cash to be known as the “ Coal operators
protective fund.” This fund shali be created by the payment to the fund by
each such employer by an assessment from 1 cent to 3% cents per ton pro
duced in the preceding year, the amount of assessment to be determined
by tlie commissioner of insurance and banking (within the above limits)
as shall be sufficient to produce enough money to take care of the ordinary
accidents and the catastrophe hazard; provided the employers entering
into tlie association shall represent at least 75 per cent of the total tonnage
produced in the State for the preceding year.
( b) The members of the association shall report and pay to the commis
sioner of insurance and banking, to l>e immediately turned into the State treas
ury on July 1, 1023, or on July 1, of any subsequent year, a payment of 3%
cents per ton on the production of his mine for the preceding month, and each
month thereafter for 12 months, and shall continue to make a like payment for
the three succeeding years, that is, from July 1, 1924, 1925, and 1920.
The ordinary claims shall be paid out of this fund, from year to year as they
occur, up to and including the year begintiing July 1, 192G, and ending June
30, 1927, or any subsequent year beginning on July 1 and ending July 30.
The balance of the fund shall be subject to payment of the catastrophe
hazard. Should the fund be insufficient, in any of the above years, to meet
tlie payment of claims under a catastrophe, the commissioner of insurance and
banking shall levy an assessment on each member up to 2 cents per ton, to be
applied to the payment of any unpaid claims, and to restore the fund to a
sufficient amount to sccure the catastrophe hazard. Such assessment shall
in no wise relieve the members from their annual payment of 3M> cents per
ton as provided for above, but shall be in addition thereto. If the fund has
been depleted by a catastrophe, the commissioner may extend the time above
specified for the annual payment of 3% cents per ton until the reserve for
catastrophe hazard shall amount to §250,000. When such reserve shall have
reached this amount, it shall be transferred from the general fund to a
“ catastrophe reserve ” against which no claims for accidents other than those
arising from catastrophe, shall be charged.
Each member of the association shall then be assessed for so much per ton
as shall raise enough to take care of the ordinary accidents, from year to
year, which assessment shall be from 1 to 3% cents per ton.
On the happening of any catastrophe, payment shall be made out of the
“ catastrophe reserve,” and a special assessment shall be made, not to exceed
2 cents per ton per year, until the catastrophe reserve shall be restored to the
sum of $250,000.
(c) The entire amount of the said fund may be loaned to the State at 3
per cent per annum but shall be subject to the demands on the fund at any
time, which interest shall be carried as a surplus account, apart from the
catastrophe hazard, as may be distributed to the members, at the request of
their duly authorized representatives, if in the opinion of the commissioner of
insurance and banking the catastrophe reserve is sufficient to permit this
to be done.
If any employer shall fail to pay his premium or assessment when due,
notice shall be given of delinquency, and if such delinquency shali continue for
30 days after notice, he shall forfeit all the protection given him by the fund,
and shall thereafter cover his risk in such manner as the commissioner of
insurance and banking may require.
(d) Any employer may withdraw from the fund on giving written notice to
the commissioner of insurance and baifcing within 30 days before July 1 of
the year of his withdrawal; in which case he shall forfeit all claims to any
part of the fund: jProvided. That no member shall be permitted to withdraw
who is in arrears in any assessment: And provided further, That he shall
TEXT OF LAWS— TENNESSEE
485
give the commissioner of insurance and banking satisfactory security to take
care of any unpaid claims against him.
(e) All accidents to an employee of the members of the association, shall
be reported by the employer to the commissioner of labor or as now or here
after provided by law; that the employer shall make settlement 011 all acci
dents with (he approval of the commissioner of labor, as is now, or may here
after be required by law: that in case of a catastrophe loss the commissioner
of labor shall immediately make a report of the same to the commissioner of
insurance aud banking who, with the mine inspector furnished by the commis
sioner of labor, will ascertain the extent of the loss: and the State comptroller
shall issue his warrant against the catastrophe reserve fund in the State
treasury upon vouchers properly approved by both the commissioner of insur
ance and banking and the commissioner of labor, respectively.
All money paid as above to the insurance commissioner shall be sent through
his office direct to the injured employee or his legal representatives.
(f) The fund herein created shall not be carried as a separate account for
each employer contributing thereto but shall be one sum subject to be em
ployed in taking care of all liability imposed under the workmen’s compensa
tion act on any member of the association and no additional assessment shall
be made on any member who has suffered the loss except his pro rata of the
amount necessary to restore the fund.
(.or) If it be necessary, the commissioner of insurance and banking shall
charge against the fund, a sum of $100 per month for expenses incurred in
handling and distributing this fund. And lbe State comptroller is authorized
to issue his warrant for this sum each month.
(h)
If, and when, the association shall become inoperative by withdrawals,
or otherwise, the State treasurer shall dispose of such funds as directed by the
duly constituted representatives of the members of this fund either by dis
tributing it to the members in proportion to the amount contributed by them
to the fund, or in such other manner as they may see fit.
(1)
The manner of reporting accidents, or settlement of claim, and deter
mination of liability, and amount to be paid shall be governed by the provision
of the said workmen’s compensation act.
S ec. 7. Purpose.—It is the intention of the general assembly of Tennessee
to establish a method whereby the employers in coal mines shall be protected
as other employers covered by the workmen's compensation act and to provide
a method whereby the operators of coal mines may mutually assist each other
in carrying full protection for their employees against catastrophe hazard, by
means of a fund created by them, and controlled by the State. In all cases
of injuries not covered by this act the employee shall have his action for
damages at law which shall not be in any way affected by this act.
S kc. 8. Effective date.—This act takes effect from and after July 1, 1923,
the public welfare requiring it.
Approved April 1, 1923
TEXAS
REVISED CIVIL STATUTES—! 925
T itle
130.—Workmen's compensation
A r tic le
S
e c t io n
8306.—Compensation
1. Actions for injuries.— [In
p lo y e e s th e e m p lo y e r m a y
on
th e g ro u n d
to
b r in g
about
n o t p le a d
th a t th e in ju r y
th e
in ju r y ,
or
a c tio n s
fo r
t h e c o m m o n -la w
person al
w a s d u e to th e w illfu l in te n tio n
to
h is
in to x ic a tio n ;
in
in ju r ie s
d e fe n se s, b u t m a y
su ch
to
em
d e fe n d
o f th e e m p lo y e e
a c tio n s
a g a in s t
an
e m p lo y e r w h o is n o t a s u b s c r ib e r n e g lig e n c e m u s t b e s h o w n .]
Skc. 2. Employees excluded.—The provisions of this law shall not apply to
actions to recover damages for the personal injuries nor for death resulting
from personal injuries sustained by domestic servants, farm laborers, ranch
laborers, nor to employees of any firm, person, or corporation having in his
or their employ less than three employees, nor to the employees of any person,
linn, or corporation operating any steam, electric, street, or interurban rail
way as a common carrier: Provided, That any employer of three or ihore
employees at the time of becoming a subscriber shall remain a subscriber
subject to all the rights, liabilities, duties, and exemptions of such, notwith
standing, after having become a subscriber, the number of employees may at
times be less than three.
Skc. 3. Remedy exclusive.— [The remedy provided by this act is exclusive
as regards injuries to the employees of a subscriber, both the employee and his
personal representatives and dependents being bound.
Compensation allowed is exempt from garnishment, attachment, and judg
ment, and is not assignable except as otherwise herein provided.]
Sii.cs. 3a-3c. Election by employees.— [In the absence of notice in writing an
employee is presumed to have accepted the provisions of the act, such notice
to be given within five days of notice to him of his employer’s acceptance of
the act. Such rejection may be waived by notice effective in five days. Fail
ure to give such notice is a waiver of all rights of action and entitles to
benefits under the act. The above presumption becomes effective on receipt
of! notice by the industrial accident board that the employer is a subscriber
under the law. If he ceases to be such subscriber he must, on or before the
date of the expiration of his policy of insurance, post notices to that effect in
three public places around his plant.]
Sec. 4. Xonsubscribing employers.— [Employees of employers not accepting
the act are themselves not under the act, but may sue under the terms of
section 1 of this law.]
Sec. 5. Willful acts, etc.— [This law is not to be taken as restricting the
right of recovery of exemplary damages in case of the death of a husband,
wife, or parent where death is due to the willful act, omission, or gross negli
gence of an employer. In a suit for exemplary damages trial is de novo,
no presumption arising from the fact of awards, rulings, or findings of the
industrial accident board.]
Skc. 6. Wailing period.—No compensation shall be paid under this law 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. The
medical aid. hospital service, 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. If incapacity does not follow at once after
the infliction of the injury, or within eight days thereof, but does result subse
quently, 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 provided in this law.
486
TEXT OF LAWSr—TEXAS
487
Skc. 7. Medical, e t c a i d .—During the first four weeks of the injury, dating
from the date 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, tho injured employee may provide
said medical aid, hospital service, and medicines at the cost and expense of tlie
association. The employee shall not be entitled to recover any amount
expended or incurred by him for said medical aid, hospital services, or medi
cines, nor shall any person who supplies the same be entitled to recover
of the association thereof, unless the association 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. At the time of the injury, or imme
diately 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 nccessary, at the expense of the association. During the
fourth or any subsequent week of continuous total incapacity requiring the
confinement to a hospital, the association shall, upon application of the
attending physician or surgeou 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 physician shall certify
to the necessity for another week of hospital services, or so much thereof
as may be needed. Such additional hospital services as are herein provided
shall not be held to include any obligation on the part of the association to pay
for medical or surgical services not ordinarily provided by hospitals as a part
of their services.
S ec. 7a. Change of physicians.—If it be shown that the association is fur
nishing medical aid, hospital services, and medicine provided for by section 7
hereof in such manner that there is reasonable ground for l>eUeving 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 requirements
of said section. If the association fails promptly to comply with such order
after receiving it, the board may permit tlie 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 ecs . 7l>-7d. Fees.— [Medical and attorneys* fees are subject to approval of
the board. Physicians* fees are limited to those chargeable for similar treat
ment of persons of like standard of living, where the costs are paid by himself
or some one acting for him. Attorneys’ fees may not exceed 15 per cent of
the first $1,000 or fraction thereof recovered, nor 10 per cent of any ex
cess recovery. Attorneys’ fees may be commuted to a lump sum or may be
paid in periodical installments in proportions fixed by the board. If a case is
carried to the courts, not more than one-third the amount recovered may
be allowed for fees, the amount being fixed by the trial court.]
S kc. 8. Death benefits.—If death should result from the injury, the associa
tion hereinafter created shall pay the legal beneficiaries of the deceased
employee a weekly payment equal to 60 per cent of his average weekly wages,
but not more than $20 nor less than $7 per week, for a period of 360 weeks
from the date of the injury.
Skc. 8a. BenefioiariM.—The compensation provided for in the foregoing
section of this law shall be for the sole and exclusive benefit of the surviving
husband who has not for good cause and for a period of three years prior
thereto abandoned his wife at the time of the injury, and 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 children, parents,
and stepmother,, without regard to the question of dependency, dependent
grandparents, dependent children, and dependent brothers and sisters of the
deceased employee; and the amount recovered thereunder shall not be liable
for the debts of the deceased nor the <Tobts of the beneficiary or beneficiaries
and shall be distributed among the beneficiaries as may be entitled to the
same as hereiubefore provided according to the laws of descent and distribu
tion of this State; provided the right in such beneficiary or beneficiaries to
recover compensation for death he determined by the facts that exist at the
date of the death of the deceased and that said right be a complete, absolute,
and vested one. Such compensation shall not pass to the estate of the de
ceased to be administered upon, but shall be paid directly to said beneficiaries
488
w o r k m e n 's c o m p e n s a t io n
l a w s — u n it k d
states
when the same are capable of taking, under the laws of the State, or to their
guaulian or next friend, in case of lunacy, iufancy, or other disqualifying
cause of any bcnefhiary. And the comi>ensation provided for in this law
shall be paid weekly to the beneficiaries herein named aud specified, subject to
the provision of fhis law.
Skc. 8b. IMullt t-’ff'r disability.— In case death occurs as a result of the
injury after a period of total or partial incapacity, for which compensation
has been paid, the pe riod of incapacity shall be deducted from the total period
of compensation, and the benefits paid thereunder from the maximum allowed
for the de.ith.
Kj-jc. J). If iu* dependent*.— If the deceased employee leaves no legal l>eneficiarios. the association shall pay all expense* Incident to his last sickness
as a result of the injury and in addition a funeral benefit not to exceed $100.
Where any deceased employee leaves legal beneficiaries, but who is buried at
the expense of hi?* employer or any other person, the expense of such burial,
not to exceed $100, shail be payable out of the compensation due the beneficiary
or beneiiciarie* of such deceased employee, subject to the approval of the
board.
Sec. 10. Total dhabit it //.—While the incapacity for work resulting from in
jury is total, the association shall pay the injured employee a weekty compen
sation equal to 00 per cent of his average weekly wages, but not more than
$20 nor less than $7, and in no case shall the period covered by such compen
sation l>e greater than 401 weeks from the date of the injury.
S kc. 11. Partial disability.—While the incapacity for work resulting from the
injury is partial, the association shall pay the injured employee a weekly
compensation equal to 60 per cent of the difference between his average weekly
wages before the injury and his average weekly wage-earning capacity during
the existence of such partial incapacity, but in no case more than $20 per week.
The ijcriod covered by such compensation shall be in no case greater than 800
weeks: Provided, That in no case shall the period of compensation for total
aud partial incapacity exceed 401 weeks from the date of injury.
Skc. 11a. Permanent total disability presumed,— ITbis section appearing in
the original law announced the conclusive presumption of total and permanent
incapacity where there was complete loss of sight in both eyes, the hiss of both
feet at or above the ankle, of both hands at or above the wrist, the loss of
one hand and one foot, or permanent and disabling injuries to the spine produc
ing paralysis or to the skull resulting in incurable insanity or imbecility. This
enumeration was not to be regarded as exclusive, but: in all other cases the
burden of proof would be on the claimant. This section is omitted from the
Revised Statutes, with no information as to a reason therefor. |
Skc. 12. Partial disability schedule.—For the injuries enumerated in the
following schedule the employee shall receive in lieu of all other compensation
except medical aid, hospital services, and medicines, as elsewhere herein pro
vided, a weekly compensation equal to 60 per cent of the average weekly wages
of such employee, but not less than $7 per week nor exceeding $20 per week
for the respective periods slated herein, to w it:
For the loss of a thumb, 60 per cent of the average weekly wages during
60 weeks.
For the loss of a first finger, commonly called the index finger. 60 per cent
of the average weekly wages during 45 weeks.
For the loss of a second finger, 00 per cent of the average weekly wage*
during 30 weeks.
For the loss of a third finger, 60 per cent of the average weekly wages dur
ing 21 weeks.
For the loss of a fourth finger, commonly known as the little finger. 60 pel
cent of the average weekly wages during 15 weeks.
For the loss of the second or distal phalange of the thumb shall be considered
to Iw equal to the loss of one-half of such thumb: the loss of more than onehalf of such thumb shall he 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 midd\e or second phalange of any finger shall be considered
to l>e 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, That in no
TEXT OF LAWS— TEXAS
489
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 ;>!' palm), for the corresponding
thumb, finger, or fingers above, add 10 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 bo more than for the Joss of the hand.
For ankylosis (total stiffness of) or contracture (due to scars or injuries)
which make the fingers useless, the same number or* weeks shall apply to such
finger or fingers or parts of lingers (not thumb) as given above.
For the loss of a hand, 60 per cent of the average weekly wages during 150
weeks.
For the loss of an arm, at or above the elbow. 60 per cent of the average
weekly wages during 200 weeks.
For the loss of one of the toes, other than the great toe, 60 per cent of the
average weekly wages during 10 weeks.
For the loss of the great toe, 60 per cent of the average weekly wages
during 30 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, 60 per cent of the average weekly wages during 125
weeks.
For the loss of a leg, at or above the knee, 60 per cent of the average weekly
wages during 200 weeks.
For the total and permanent loss of the sight of one eye, 60 per cent of the
average weekly wages during 100 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 equiva
lent to and draw the same compensation as the loss of that member.
For the complete and permanent loss of the hearing in both ears, 60 per
cent of the weekly wages during 150 weeks.
For the loss of an eye and leg above the knee, 60 per cent of the average
weekly wages during a period of 350 weeks.
l or the loss of an eye and an arm above the elbow. 60 per cent of the average
weekly wages during a period of 350 weeks.
For the loss of an eye and a hand, 60 per cent of the average weekly wages
during a period of 325 weeks.
For the loss of an eye and a foot, 60 per cent of the average weekly wages
during a period of 300 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.
In all eases 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 compensation in and
by said schedule provided shall be in lieu of all otlier compensation in such
cases.
In all other cast's partial incapacity, including auy 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 60 per cent of the average weekly wages of the em
ployee, but not to exceed $20 per week, multiplied by the percentage of inca
pacity caused by the injury for such period as the board may determine, not
exceeding 300 weeks. Whenever the weekly payments under this paragraph
would be less than $3 per week the period may be shortened, and the payments
correspondingly increased by the board.
Sec. 12a. Refuting employment.—If the injured employee refuses employment
reasonably suited to his incapacity and physical conditions, procured for him in
490
W O R K M E N C O M P E N S A T I O N LAWS— UNITED STATES
the locality where injured or at a place agreeable to him, be shall uotbe 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 spe
cific injuries for which a schedule is fixed by this law.
S*;c. 121). Hernia.—In all claims for hernia, resulting from injury sustained
in the course of employment, it must be definitely proven to The satisfaction of
the board--First. Thai there was an injury resulting iu hernia.
Second. That the hernia appeared suddenly and immediately following 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 association
shall provide competent surgical treatment by radical operation.
In caiHi tlie 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 association, or either of them, shall
have the right to have his or their physician present. The physician or
physicians so selected shall make to the board a report in writing, signed and
sworn to, setting forth the facts developed 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 expert 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 opera
tion, be entitled to compensation for incapacity under the general provisions of
this law. If the examination and the written report 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 file the same in the case 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 provisions of this
law, 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 20 weeks from the date of
the operation. If such operation is not successful and does not result in death,
he shall be paid compensation under the general provisions of this law, tho same
as if such oi>eration had not been had; other than in determining the 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 aggrava
tion 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 employee 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.
Sec. 12c. Second injuries.—If an employee who has suffered a previous injury
shall suffer a subsequent injury which results in a condition of incapacity to
which both injuries or their effects have contributed, the association 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.
Sec. 12d. Review.—Upon its own motion or upon the application of any per
son interested showing a change of conditions, mistake, or fraud, the board at
any time within the compensation period may review any award or order end
ing, diminishing, or increasing compensation previously awarded within the
maximum and minimum provided in this law, or change or revoke its previous
TEXT OF LAWS— TEXAS
491
order, sending immediately to the parties a copy of its subsequent order or
award. Review under this section shall be only upon notice to the parties
interested.
Sec. 12e. Beneficial surgical operations.—In all cases where liability for com
pensation exists for an injury sustained by an employee in the course of his
employment and a surgical operation for such injury will effect a cure of the
employee or will materially and beneficially improve his condition, the asso
ciation or the employer may demand lhat 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 incident to the
performance of *aid operation, provided the same is had. In case cither of said
parties demands in writing to the board such operation, the board shall imme
diately order a medical examination of the employee in the same manner as is
provided for in the section of this law relating to hernia. If it be shown by
the examination, reports of facts, aud opinions of experts, all reduced to writ
ing 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 writing, 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 lime 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 inca
pacity under the general provisions of this law. If the board shall unanimously
lind. and so state in writing, that said operation is advisable, it shall make its
order to that effect, stating the time and plaice when and where such operation
is to be performed, naming the physicians therein who shall perform said
operation, and if the employee refuses to submit to such operation, the board
may order or direct the association to suspend tbe whole or any part of his
compensation during the lime of said period of refusal. The results of such
operation, the question as to whether the injured employee shall be required to
submit thereto, and Ilie benefits and liabilities arising therefrom shall attach,
be treated, handled, and determined by the board in the same way as is pro
vided in the cast* of hernia in this law.
Skc. 12f. / 'Jinplotters’ physicians.—In all cases where a subscriber or the asso
ciation has in his or its employ a physician or physicians regularly paid in any
manucr whatsoever by such subscriber or association to administer to or treat
injured employees, the name or names of such physicians at the date of employ
ment of the same shall be filed with the board, together^vitli 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 reduced to writing and a copy thereof
tiled with the board. Such contract shall state fully the extent and scope of
the employment and the compensation to be paid such physician or physicians.
If the association or subscriber willfully fails or refuses to comply with this
provision of this law, 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, aud the subscriber or association shall notify the employee at or
before the time of injury what physician or physicians are contracted with to
treat his or its employees.
Sec. 12g. Employees not to contribute.— [No employer may directly or indi
rectly accept from his employees any portion of the premium due under this
law for insurance. Violation gives the employee a separate right for action
for damages against the employer.]
Sec. 121i. Agreements.—Kvery contract or agreement of an employer, the
purpose of which is to indemnify him from loss or damage on account of the
injury of au 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 also covers liability for the payment of the compensation provided for by
this law. This section shall not apply to employers of labor who are not eligible
under the terms hereof to become subscribers thereto, nor to employers whose
employees have elected to reject the provisions of this law, nor to employers
eligible to come under the terms of this law who do not el<*et to do so, but who
choose to carry insurance upon their employees independently of this law and
without attempting in such insurance to provide compensation under the terms
of this law. Any evasion of this section whereby an insurance company shall
1965°— 26------32
492
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COMPENSATION LAWS— UNITED STATES
undertake, under the guise of writing insurance against the risk of the em
ployers who do not see proper to come under this law. to write insurance sub
stantially or in any material respect similar to the insurance provided for by
this law, shall render such insurance void as provided for in this section.
Skc. 12i. Minor's ivages.—If it be established that t he 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.
Sec. 13. Minors and incompetentx.—If an injured employee is mentally in
competent or is a minor or is under any other disqualifying caiue at the time
when auy rights or privileges accrue to him or exist under this law, his
guardian or next friend may iu his behalf claim and exercise such rights
an«l privileges except as otherwise herein provided.
In case of partial incapacity or temporary total incapacity, payment of com
pensation may be made direct to the minor and his receipts taken therefor, if
the authority to so pay and receipt for said compensation is first obtained from
the board.
Sec. 14. Waivers.—No agreement by any employee to waive his rights to com
pensation under this law shall be valid.
Skc. 15. Lump «urns.—In cases where death or total permanent incapacity
results 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. This section shall be construed as
excluding any other character of lump-sum settlement except as herein specified.
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 redeem their liability by payment of a
lump sum as may be determined by the board.
S e c . 15a. Change in compensation payment*.—In any case where compensa
tion is payable weekly at a definite sum and for a definite period, and it
appears to the board that the a m o u n t o f compensation being paid is inadequate
to meet the necessities of the employee or beneficiary, the board shall have
the power to increase the amount of compensation by correspondingly decreas
ing the number of weeks for which the same is to be paid, allowing discount
for present payment at legal rate of interest: Provided. That iu no case shall
the amount to whiefc it is increased exceed the amount of the average weekly
wages upon which the compensation is based, provided it is not intended
hereby to prevent lump-sum settlements when approved by the board.
Skc. 10. Surrh'at of actionh.—In all cases of injur?’ resulting in death, where
such injury was sustained in the course of employment, cause of action shall
survive.
S e c . 17. Alien*.—Nonresident alien beneficiaries and resident alien bene
ficiaries shall be entitled to compensation under this law. Nonresident alien
beneficiaries may be officially represented by the consular officers of the nation
of which such al?en or aliens may be citizens or subject, and in such cases the
consular officers shall have the right to receive for distribution for such non
resident alien beneficiaries all coinjiensatioii 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 installments of comjiensation payable to alien
beneficiaries, not resident of the United States, by paying to such alien bene
ficiaries the sum agreed upon and filing receipts therefor with the board.
S k c . 18. Payments.—It is the purpose of this law that the compensation
herein 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 case* provided elsewhere herein. If the association willfully 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.
If after such notice the association continues to willfully refuse and fail to
meet these payments of compensation as provided for in this law. the board shall
have the power to hold that such association is not complying with the provi
sions of this law and shall certify such fact to the commissioner of insurance.
TEXT OF LAWS— TEXAS
493
and said certificate shall be sufficient cause to justify said commissioner to re
voke 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.
S k c . 19. Extraterritoriality.— If an employee who ha a been hired in this State
sustained injury in the course of his employment, he shall be entitled to com
pensation according to the law of this Slate, even though such injury was
received outside of the State.
PART II
A
r t ic l e
8307.—Industrial accident board
S e c t i o n s 1-4. Board crcatcd; powers.— LAn industrial accident board is to
be appointed by the governor for terms of six years. Three members are
provided for, the term of one expiring each two years. One member is to rep
resent labor, one is to be an employer of labor, and the third a practicing
attorney, to be chairman and legal adviser of the board. A secretary and
other necessary assistants are provided for. Tlie board may make rules, re
quire employees to submit to medical examinations, refusal operating as a
suspension and bar. Persistance in unsanitary or injurious practices author
izes a reduction or suspension of benefits after hearing. The medical examina
tion is by employer's physician or one designated by the insurance association,
the employee being entitled to have his own physician present.
Process and procedure are to be summary. The board or any member has
power to subpoena witnesses, administer oaths, and examine books and records.]
S e c s . 4a-T>a. Claims; dixpule*.— [Notice must be rendered within 30 days
an<l claims within 0 months after an injury, death, or termination of physical
or mental incapacity. Strict compliance may be waived in meritorious cases
for good cause shown.
In cases not settled tbe board is to make a determination. Appeal from
such decision may be made within 2 0 days by suit in the courts of the c o u t h y
or a trial de novo is to be had, the burden of proof resting upon the party
claiming compensation. Recovery is limited to the maximum fixed by this law.
Where a final award is made against the association and it fails or refuses to
comply therewith or to bring legal action to set it aside the claimant may sue,
and if the judgment sustains the award he shall be entitled to an additional
sum of 12 per cent as damages, together with a reasonable attorney's fee.
Whore the association fails or refuses without justifiable cause to continue
payments awarded as they mature, the beneficiary may sue for the total sura
due, with a similar allowance of 12 per cent penalties and attorney’s fees.]
Sec. 6. Subumber liable, when.—If any subscriber to this law with the pur
pose and intention of avoiding any liability imposed by its terms sublets the
whole or any part of the work to be performed or done by said subscriber 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 law 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 law.
Sec. 6a. Liability of third parties.— [Where a third party is liable for an
injury to an employee the latter may at his option proceed in an action for
damages or claim compensation, but may not take both remedies. If com
pensation is claimed, the association is subrogated to the rights of the injured
employee to an action for damages either in its own name or in the name of
the injured employee, and if a recovery is had greater than the amount of
compensation paid, the excess, less a reasonable cast, is to be paid to the
injured employee or his beneficiaries. The association may not compromise a
claim against a third party without notice to the injured employee or his
beneficiary and the approval of the board.]
Sec. 7. Record*: reports.— [Employers subscribing to the act must keep a
record of all injuries to their employees in the course of their employment
and report to the board within 8 days on accidents resulting in injury causing
494
w o r k m e n ’s
COMPENSATION LAWS— UNITED STATES
absence from work for more than 1 day. Supplemental reports must be
made on recovery or within 60 days with subsequent reports, giving prescribed
data.]
S e c s . 8-11. Miscellaneous provisions.— [The board has a seal; a majority
constitutes a quorum; investigations may be made by the board or any member
thereof or an inspector or adjuster may settle claims or develop the facts
relating to any claim. When the association suspends or discontinues com
pensation payments it must at once notify the board of the fact, giving details
and the reason for such suspension or stoppage.]
Sec. 12. Commutation.—The board, upon application of either party, may
in its discretion, having regard to the welfare of the employee and the' con
venience 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 injury
of the employee is uncertain, indefinite, or incapable of being satisfactorily
established, the board may approve any compromise, adjustment, settlement,
or commutation thereof made between the parties.
PART III
A
r t ic l e
8308.—Employers' Insurance Association
S e c t i o n s 1-23. [This article creates the “Texas Employers’ Insurance Asso
ciation,” a body corporate, with a board of directors appointed by the governor
authorized to conduct an insurance system for the employers of the State.
Tlie number of subscribers necessary for organization and continuance, methods
of voting, classification of occupations, the maintenance of reserves, the pay
ment of assessments, etc., are provided for.]
PART IV
A
r t ic l e
8309.—Definitions and general provisions
S e c t i o n 1. Definitions.—The following words and phrases, as used in this
law, 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 make 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 commerce, and except
one whose employment is not in the usual course of the trade, business,
profession, or occupation of his employer.
The words “ legal beneficiarii-s.” as used in this act, shall mean the- relatives
named in section 8a, Part I, of this law. “Association” shali mean the “ Texas
Employers* Insurance Association,” or any other insurance company authorized
under this law to insure the payment of comiiensation to injured employees
or to tlie 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 associa
tion holds a license issued by the commissioner of insurance, as provided for
in section 12, Part III, of this law.
“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 preceding the injury,
his average annual wages shall consist of three hundred times the average
daily wage or salary which ho shall have earned in such employment during
the days when so employed.
2. If the injured employee shall not have worked in such employment during
substantially the whole of the year, his average annual 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 immediate 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.
495
TEXT OF LAWS— TEXAS
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 subsections 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 em
ployee receives from the employer as part of his remuneration. 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 part
of the average annual wages.
The terms “ injury ” or “ personal injury *' shall be construed to mean damage
or harm to the physical structure of the body and such diseases or infection
as naturally result therefrom.
The term “ injury sustained in the course of employment,” as used in this
law, 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 em
ployee 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. Au injury caused by the employee's willful intention and attempt to in
jure himself, or to unlawfully injure some other person, but shall include
all other injuries of every kind and character having to do with and originat
ing 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 busi
ness of his employer whether upon the employer's premises or elsewhere.
S e c . l a . Officer*.— T h e p r e s i d e n t , v i c e p r e s i d e n t o r v i c e p r e s i d e n t s , s e c r e
ta ry
or
o th e r
d ir e c to r s
deem ed
in
of
o ffic e r s
any
o r h e ld
to
be an
th e p r e c e d in g se c tio n
o ffic e s
in
th e
th e re o f
c o r p o r a tio n
e m p lo y e e
and
is
a
w ith in
h e re o f, a n d
c o r p o r a tio n
s e r v ic e s fo r w h ic h
p r o v id e d
w h ic h
m ay
th is
in
its
c h a rte r
s u b s c r ib e r
th e
to
or
th is
b y -la w s
la w
m e a n in g o f
th a t
term
n o tw ith s ta n d in g
th e y
m ay
p e r fo r m
o th e r
d u tie s
and
and
s h a ll
as
not
he
d e fin e d
h o ld
ren d er
th e
o th er
o th e r
th e y m a y r e c e iv e a s a la r y .
S e c . 2. Insurance companies.—Any insurance company, which term shall in
clude mutual and reciprocal companies, lawfully transacting a liability or
accident business in this State, shall have the same right to insure the liability
and pay the compensation provided for in part 1 of this law, 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 law, and when such company insures such payment of compensation it
shall be subject to the provisions of parts 1, 2, and 4 and of sections 10, 17,
18a, and 21 of part 3 of this law. Such company may have and exercise all
of the rights and powers conferred by this law 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 fifty subscribers
who have not less than 2.000 employees.
Sec. 3. Withdrawal.—Any subscriber who has paid a premium as provided
in section 1, part 4, of this law may upon application to the board and to
the association and after a showing satisfactory to the board that lie 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, how’ever, to any rule approved by the commissioner
of insurance as to the minimum premiums or short-rate cancellation.
Sec. 3a. Misrepresentations.—Any subscriber who shall willfully misrepresent
the amount of his pay roll to the association writing his insurance upon which
any premium under this law 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 premium which he paid and the
amount which said subscriber should have paid had his pay roll been cor
496
w o r k m e n ’s c o m p en sa tio n la w s — ttn ite d s t a t e s
rectly computed; and the liability to said association for such misrepresenta
tion, if it was deceived thereby, may be enforced by suit therefor.
Sec. 3b. Effect of amendments.— [No amendment of the law is to affect rights
and remedies accrued under the original law.]
Sec. 4. Advance payment*.—In cases of emergency or impending necessity the
association may make advanced payments of compensation to any employee
during the period of bis incapacity or to his beneficiaries within the terms of
this law, 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.
Sec. 5. Report* not evidence.—The reports of accidents required by this law
to be made by subscribers shall not be deemed as admissions and evidence
ajrninst 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 sought to be contradicted by the association or subscriber.
UTAH
COMPILED LAWS—1917
Compensation of workmen for injuries
S e c t i o n s 3001 (as amended 1919, ch. 03), 3062. 3063 (as amended 1919, ch.
63), 3064-3070. Industrial commission.— [A commission of three members is
provided for, to be appointed by the governor, by and with the advice of the
senate, not more than two members to belong to the same political party.
Terms are six years, one expiring each two years. The governor may remove
at any time for inefficiency, misfeasance, or other cause. Commissioners must
have no occupation inconsistent wiili their duties, nor may they serve on any
committee of any political party. Salaries are $4,000 per annum, and a bond of
$10,000 is required, the premium to be paid out of the State treasury. Offices
are to be maintained at the State capitol, but sessions may be held at any
place within the State. An official seal is to be had, of which the courts shall
take judicial notice. Sessions are to be open and records kept of all proceed
ings. The commission may employ a secretary and other assistants, including
physicians, may adopt rules or procedure, which it may change from time to
time in its discretion.]
• Se(!S. 3071-3093, inclusive, relate to safety provisions and inspection, and
the powers and duties of the commission with reference thereto, and are re
produced in Bulletin No. 370, Labor Laws of the United States.]
Seo. 3094 (as amended 1919, ch. 63: 1921, ch. 67). Employers' statements.—
[Employers are required 1o furnish the commission upon request all informa
tion necessary to carry out the provisions of this title. Annual reports are to
be made of the number, classes, and wrages of its employees, blanks for the de
sired information to be furnished by the commission on request therefor. The
commission may require verification of statements under oath, and may ex
amine any employer, or his officers, agents, or employees. ]
S e c s . 3095, 3096 (as amended 1923, ch. 44), 3097. 3098. 3099 (as amended
.1919, ch. 63), 3100-3103. 3104 (as amended 1921, ch. 67), 3105-3107, 3108 (as
amended 1921, ch. 67), 3109. Inmrance fund.— [A State insurance fund is cre
ated, to be administered by the commission without liability on the part of the
State beyond the amount of such fund. The commission has full authority to
enforce any laws deemed necessary for the administration of the fund. An
annual audit is to be made by the State auditor at the expense of the fund.
Employments insured in the State fund are to be classified and separate ac
counts kept for convenience in determining equitable rates, but for the purpose
of faying compensation the fund is to be deemed a unit. The hazards of the
different classes and the relative rates of premiums are to be determined so
as to establish the lowest rate consistent with the maintenance of a solvent
fund and the creation of a surplus and reserve. The peculiar hazards of in
dividual risks may be taken into consideration.
The commission may sue and be sued in its official name, may contract
for insurance and make such other contracts relating to the fund as are
authorized or permitted, and may reinsure any risk or any part thereof.
Insurance may cover the entire liability of employers so as to protect not
only compensation claims but all liability claims whatever by employees or
their dependents or heirs including the cost of defense in the event of suit.
Contracts may be made with physicians, surgeons, and hospitals ami for tbe
making of compensation payments through designated agencies. ?f employers
insuring in the State fund receive a contract or policy of insurance in a form
approved by the State commission. Premiums are to be paid semiannually.
Provision is made for withdrawal from the fund on compliance with prescribed
requirements.
Ten per cent of the money paid into the State fund is to be used for the
creation of a surplus until this amounts to $100,000, when 5 per cent shall be
so applied until adequate provision is made for the catastrophe hazard and all
497
498
WORKMEN *S COMPENSATION LAWS— UNITED STATES
other unanticipated louses. Adequate reserves are also maintained, subject
to the approval of the State commission. Annual readjustments of rates and
credits are to be made, and an employer whose premium payments exceed the
amount of disbursements on accoutil of injuries to his employees is entitled
to a credit on the next premium installment due from him.
The commission is to adopt rules and regulations with respect to the collec
tion, maintenance, and disbursements of the fund, the Slate treasurer is
custodian, and investments may be made of any surplus or reserve in
designated securities. The treasurer is to give separate and additional surely
bond in connection with his duties as custodian of the fund, the premium to
be pa'd out of such fund. I
S e c . 3110 (as amended 1919, ch. 03). Kmploucrn covered.—The following
Kliall constitute employers subject to ibe provisions of this title:
(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 >n service three or more workmen or operatives regularly
employed in the same business, or in or about the same establishment, under
auy 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 com
plying with the provisions thereof and all rules and regulations of the com
mission.
The term “ regularly,” as herein used, shall include all employments, whether
continuous throughout: the year or for only a portion of 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 sub
contractors, shall l>e deemed, within the meaning of this section, employees
of such original employer. Any iierson, firm, or corporation engaged in the
performance of work as an independent contractor, shall be deemed an em
ployer with’ii the meaning of this section. The words “ independent con
tractor** 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 employer, 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.
Sec. 3111 (as amended 1939, ch. 63; 1925, ch. 73). Em ploytv*.—The terms
“ employee,” “ workman," and 44operative” as used in this title shall be
construed to mean:
(1) Every elective and appointive officer, and every other person in the
servico of the State and of every county, city, town, and school district within
the State, serving the State or any county, city, town, or school district therein
under any election or appointment, or under any contract of hire, express or
implied, written or oral, including all officers and employee* of the State institu
tions of learning.
(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 busi
ness. or in or about the same establishment, under any contract of hire,
express or implied, oral or written, including aliens and also including minors
who are legally jiermitted to work for hire under the laws of the State, but
not including any person whose employment is but casual ami is not in the
usual course of trade, business, or occupation of his employer.
All lessees in miues or of mining property, and the employees and con
tractors 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 supervision 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.
TEXT OF LAWS— UTAH
499
Sec. 3112 (as amended 1910, ch. 6/1: 1921. cli. 67). Definitions.—The follow
ing terms as used in Hi is title shall be construed as follows:
(1) The term “ order” .shall mean and include any decision, rule, regulation,
direction, requirement, or standard of tho commission, or any other determina
tion arrived at or decision made by such commission.
(2) The term “ general order** shall mean and include such order as applies
generally throughout the State to all persons, employments, or places of em
ployment of a elass under the Jurisdiction of the commission. All other orders
of the commission shall ho considered special orders.
(8) 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
o f employment shall mean such freedom from danger to the life, health, safety
nr 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 employment.
They shall not include a disease except as it shall result from the injury.
(6) The term “ compensation” shall mean the condensation and benefits
provided for in this title.
(7) The term “ award" shall mean the finding or decision of the commission
as to the amount of compensation due any injured or the dependents of any
deceased employee.
(8) The term “ average weekly earnings” shall mean the average weekly
earnings arrived at by rule provided in section 3142.
Sec\ HI 13 (as amended 1919, ch. 63). Compensation to be paid.—Every em
ployee mentioned in section 3111 who is injured and the dependents of every
Mich employee who is killed by accident arising out of or in the course of his
employment, wheresoever «uch injury has occurred, provided the same was not
purposely self-inflicted, shall be entitled to receive, and shall be paid such com
pensation for loss sustained on account of such injury or death, and such mcdical, nurse, and hospital services and medicines, and such amount; of funeral
expense, in case of death, as is herein provided.
S e c s . 3114 (as amended 1919. ch. 03; 1921, ch. 67; 1923, ch. (\A: 1925, ch. 80),
3115. Security of paymenta.— ! Employers other than municipal bodies must
secure compensation by insuring in the State fund; or with some authorized
corporation or organization which must write and carry all risks for which
application is made to it or permitted by law; or by furnishing satisfactory
proof of financial ability to make direct payments. Stock and mutual associa
tions are subject to the rules and regulations of the commission including a
requirement as to uniform rates, though not necessarily uniform with the rates
fixed for the State fund. If insurance is not with the State fund the employer
must file a notice with the commission as to the insurance provided.]
Sues. 3116 (as amended 1921, ch. (57), 3117. 3118. Insurance policies.— [Poli
cies must cover the liability of the employer for compensation and contain a pro
vision setting forth the rights of employees to enforce in their own names the
liability of the insurance carrier for the payment of compensation due and
must also provide that notice, knowledge, or jurisdiction of the employer
are applicable to the insurance carrier, and that the latter is bound by awards,
decisions, etc.. rendered against the employer, also that the insolvency or bank
ruptcy of the employer does not affect the liability of the insurer as to com
pensation for injury or death sustained by an employee during the life of the
policy.]
S e c s . 31.19 (as amended 1921. ch. 07). 3120. 3121 (as amended 1921. ch. 67).
Public employees.— [Counties, cities, townships, or school districts may insure
in the State fund or pay compensation direct. The State fund contributes in
proportion to its wage expenditure to provide compensalion for its em
ployees.]
S e c . 3122 (as amended 1919, ch. 03).— [Repeats the provisions of section 3113
in respect of employees insured in the State fund.]
S e c . 3123 (as amended 1919, ch. 03; 1921. ch. 07). Premium payments.—
[Employers other than the State who are insured in the State fund must semi
annually furnish pay-roll expenditure reports and pay the premiums fixed by the
commission for the occupations of the employees as classified. Failure entails
500
w o r k m e n 's COMPENSATION LAWS— UNITED STATES
liability to a suit for recovery of the premium together with a reasonable attor
ney’s fee for the prevailing party.]
S e c . 3124 (as amended 1921, ch. 67). Substitute schemes.—Subject to the
approval of the commission, any employer may enrei* into or continue any
agreement with his employees to provide a system of compensation or other
benefits in lieu of the compensation and other benefits provided by this title.
No such substitute system shall be approved unless it confers benefits upon
injured employees and their dependents, at least equivalent to the benefits pro
vided by this title, nor if it requires contributions from the employees unless
it confers benefits in addition to those provided under this title at least com
mensurate with such contributions. Such substitute system may bo terminated
by the commission on reasonable notice and hearing to the in terred parlies
if it shall appear that (ho same is not fairly administered or if its opera lion
shall disclose defects threatening its solvency, or if for any substantial reason
it fails to accomplish the purposes of this title; and in this case the commis
sion 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 makes
a deduction for such purposes from the wages or salary of any employee en
titled to the benefits of this title shall be guilty of a misdemeanor: Provided,
That, subject to the supervision of the commission, nothing in this title shall
be construed as preventing the employer and his employees entering, and it
shall be lawful for them to enter, into mmuai contracts, and agreements
respecting hospital bent‘fits and accommodations and medical and surgical serv
ices. 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 agreements the purpose and intent of this title
in such respect being that, where hospitals are maintained and me>dical and
surgical services and medicines furnished by the employer from payments by or
assessments of his employees, such payments or assessments shall be no
more or greater than necessary to make such hospital benefits and accommo
dations. including surgical and medical services and medicines, self-support
ing for the care and treatment, of his employees, 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 inspection and under the supervision of the commission as to services
and treatment rendered such employees.
S e c . 3125 (as amended 1921, ch. 07). Employers twt insuring.—Employers
who under the terms of this act, or by authority of the commission, are au
thorized to pay compensation direct, and the State insurance fund, shall pay 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 collated by the State commission and paid into the
State treasury.
S e c . 3126. Injuries outside State.—If a workman who has been hired in this
State receives personal injury by accident arising out of and in the course of
such employment., 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 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 Slate 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 commission and the
court in this State.
Sec. 3127 (as amended 3919, ch. 63). Remedy exclusive.—Employers who
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, for
injury or death of any employees, wherever occurring.
S e c . 3128 (as amended 1921, ch. 67). Notice to be posted-.— [Every employer
providing insurance or acting as self-insurer must conspicuously post notices
to the effect that he has complied with the provisions of this title and is
authorized by the commission to make the payments involved.]
TEXT OP LAWS— UTAH
501
Sec. 3120. Noncomplying cmplayer*.— [Employers who fail to comply with
the provisions as to providing insurance are liable ill suits for damages iu ease
of injuries caused by the negligence or default of the employers, the commonlaw defenses being abrogated. Proof of injury constitutes prima facie evidence
of negligence.]
S e c s . 8130 (as amended 1019. ch. 63), 3130x (added 1919. ch. 63). Optional
claim.— [In lieu of suing for damages, an employee of a noninsuring employer,
unless the injury was purposely self-inflicted, may. apply for compensation
according to provisions of this act and au award made may be filed in the
office of the clerk of the district court becoming a lien on the real property of
the employer situated in the county for a period of eight years unless previously
satisfied. The commission may adopt and publish rules and regulations govern
ing procedure in claims arising under this section.]
S e c . 3131. Default in payments.— [An employer in default in any payment
to the State fund is subject to civil action for the amount, with interest at the
rate of 12 per ccnt per annum, the employer's compliance with the provisions
of the law’ dating from the time of the payment of the money so collected into
the State insurance fund.]
Sec. 3132 (as amended 1921, ch. 07). Remedy exclusive.—The right to recover
comiiensation pursuant to the provisions' of this title for injuries sustained by
an employee, whether resulting iu death or otherwise, shall be the exclusive
remedy against the employer, except that where the injury is caused by the
employer’s willful misconduct and such act causing such injury is the per
sonal act of the employer himself, or if the employer be a partnership, on the
part of one of the partners, or if a corporation, on the part of an elective officer
or officers thereof, and such act indicates a willful disregard of the life, limb,
or bodily safety of employees, such injured employee may, at his option, either
claim compensation under this title or maintain an action at law for damages.
The term 44willful misconduct.*’ as employed in this section shall be con
strued to mean an act done knowingly and purposely with the direct object of
injuring another.
Skc. 3133 (as amended 1921. ch. 67). Injuries by third parties.— If an em
ployee under this act be injured or killed while in the course of his employ
ment by another not iu the same employment, he or his dependents in case of
death, shall be entitled to compensation and to no other remedy unless the em
ployer be ?:abject to the provisions of sections 3129 and 3130. No employee or
the dependents in case of death shall be granted compensation in such case
unless such employee or his dependents, as the case may be. shall assign any
cause of action existing against the person responsible for or causing the injury
or death to the state insurance fund, if com]>ensation be payable therefrom,
and otherwise to the person or association or corporation liable for the pay
ment of such compensation. And such cause of action is by this section made
assignable, whether it be for injury or death, and the dependents or the per
sonal representative and not the heirs in such case shall have the right and
power to make a full and exclusive assignment notwithstanding sections 6504
and 6505, Compiled Laws of Utah, 1917.
S k c . 3134. [Repealed.]
Sec. 3135. Preference.—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.
Sec. 3136 (as amended 1919. ch. 63). Waiting time.—No compensation shall
be allowed for the first three days after the injury is received, except the dis
bursement hereinafter authorized for medical, nurse, and hospital services and
medicines and for funeral expenses.
Sec. 3137 (as amended 1919, ch. 63; 1921, ch. 67). Temporary disability.—
In case of temporary disability, the employee shall receive 60 per cent of his
average weekly wages so long as such disability is total, not to exceed a maxi
mum of $16 per week, and not less than a minimum of $7 per week: Provided,
That where the wage earned at the time of injury is less than $7 i>er week;
then in such cases the amount of wages earned should be the amount of com
pensation to he paid: but in no case to continue for more than six years from
the date of the injury, or to exceed $5,000.
502
WORKMEN *S COMPENSATION LAWS— UNITED STATES
Skc. 3138 (as amended 1019, ch. 63). Schedule.—Where the injury 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 be
tween his average weekly wages before the accident and the wwkly wages he
is able to earn thereafter, but not more than $16 a week. Iu no case shall the
weekly payments continue after the disability ends, or death of the injured per
son, 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 com
pensation. In the case of the following injuries the compensation shall be 60
per cent of the average weekly wages, but not more than $10 to be paid weekly
for the periods stated against such iujuries, respectively, and shall be in addi
tion to the compensation hereinbefore provided for temporary total disability,
to wit:
For loss of—
w«»ks
200
One arm at or near shoulder_____________________________
One arm at the elbow___________________________________
180
One arm between the wrist and the elbow------------------------160
One hand______________________________________________
150
One thumb and the metacarpal bone thereof_____________
00
One thumb at the proximal joint_________________________ _
30
One thumb at the second distal joint_____________________
20
One first finger and the metacarpal bone thereof___________
30
One first finger at the proximal joint--------------------------------20
One first finger at the second joint-----------------------------------15
One first finger at the distal joint_________________________
10
One second finger and the metacarpal bone thereof-----------30
One second finger at the proximal joint___________________
15
10
One second finger at the second joiut_____________________
One second finger at the distal joint_____________________
5
One third finger and the metacarpal bone thereof__________
20
One third finger at the proximal joint___________________ _
12
One third finger at the second joint_______________________
8
One third finger at the distal joint_______________________
4
One fourth finger and the metacarpal bone thereof_________
12
One fourth finger at the proximal joint___________________
9
One fourth finger at the second joint_____________________
6
One fourth finger at the distal joint_______________________
3
One leg at or so near the hip joint as to preclude the use of
an artificial limb______________________________________
180
One leg at or above the knee where stump remains sufficient
to permit the use of an artificial limb___________________
150
One leg between the knee and ankle______________________
140
One foot at the ankle___________________________________
125
One great toe with the metatarsal bone thereof_____________ 30
One great toe at the proximal joint_______________________
15
One great toe at the second joint_________________________
10
One toe other than the great toe with the metatarsal bone
thereof_______________________________________________
12
One toe other than the great toe at proximal joint__________
6
3
One toe other than the great toe at second or distal joint___
One eye by enucleation__________________________________
120
Total blindness of one eye_______________________________
100
Any other disfigurement, or the loss of bodily function not otherwise pro
vided for herein, such period of compensation as the commission shall deem
equitable and in proportion to compensation in other cases not exceeding
200 weeks.
The amounts specified in this section are all subject to the limitation as
to the maximum weekly amount payable as hereinbefore specified in this sec
tion, and in no event shall more than a total of $5,000 be required to be
paid.
S e c . 3139 (as amended 1919. ch. 63). Permanent total disability.—In cases
of permanent total disability, the award shall be 60 per cent of the average
weekly wages for live years from date of injury, and thereafter 45 per cent
TEXT OP LAWS— UTAH
503
of such average weekly wages until the death of such person so totally dis
abled, 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 compensated according to the provisions of
this section.
Sec. 3140 (as amended 1919, ch. 63; 1921, cli. 67). Death.—In case the injury
causes death within the period of three years, the benefits shall be in the
amounts and to the persons following:
(1) The employer or insurance carrier shall pay the burial expenses of
the deceased as provided herein, and if there are no dependents, shall pay into
the State treasury a sum equal to 20 per cent of the amount provided in
subsection 2 of this section. Any claim for compensation must be filed with
the commission within one year from the date of the death of the deceased;
and if at the end of one year from the date of the death of the deceased, no
claim for compensation shall have been filed with the commission, the pay
ment of the sum equal to 20 per cent of the amount provided in subsection 2
of this section shall be paid at that time into the State treasury by the
employer or the insura nee carrier. Such payment shall be held in a special
fund for the purposes provided in subsections 6 and 7 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 maximum 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 or 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,
provided that the benefits provided for in this subsection shall be in keeping
with the circumstances and conditions of dependency existing at the date of
injury, and any amount awarded by the commission under this section must
be consistent with the general provisions of this act.
(4.) If there are wholly dependent persons and also partially dependent
persons at the time of death, the comiftission 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:
(а) A wife upon a husband with whom she lives at the time of his deat^.
(6) A female child or female children under the age of 18 years and a
male child or male children under the age of 16 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.
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 descendant, ancestor, or brother or sister. The word “ child” as used
in this title, shall include a posthumous child, and a child legally adopted
prior to the injury. Half brothers and sisters shall be included in the words
“ brother or sister0 as above used.
(б) If any employee who has previously incurred permanent partial dis
ability incurs a subsequent permanent partial disability such that the com
pensation payable for the disability resulting from the combined injuries is
greater than the com]>ensation which except for the preexisting disability
would have been payable for the latter injury, the employee shall receive
compensation on the basis of the combined injuries, but the liability of his
employer shall be for the latter injury only and the remainder shall be paid
out of the social fund provided for in subdivision 1 of this section.
504
w o r k m e n 's c o m p en sa tio n la w s — UNITED s t a t e s
(7) If any wholly dependent persons, who have been receiving the benefits
of this act, and who, at the termination of such benefits are yet in a dependent
condition, and under all reasonable circumstances, should be entitled to addi
tional benefits, the industrial commission may. at its discretion, extend
indefinitely such benefits; but the liability of the employer or insurance carrier
involved shall not be extended, but the additional benefits allowed shall be
paid out of the special fund provided for in subdivision 1 of (his section.
(8) When any alien dependent of the deceased resides outside of Ihe United
States of America or any of its dependencies, or Canada, such dependent shall
be paid not to exceed one-lialf the amount provided herein.
Sec. 3141 (as amended 1921, ch. 67). Payment*.—The benefits in case of
death shall be paid to such one or more of the dependents of the decedent, for
the benefit of all the dei>endents. as may he determined by the commission,
which may apportion the benefits union# the dependents in such manner as it
may deem just and equitable. Payments to a dei>endent subsequent in right
may he 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 beneliciaries thereof according to
their respective claims upon the decedent for support, in compliance with
the findiug 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 oases where all of the dependents are minors,
the application shall be made by the guardian or next friend of such minor
deix'ndents. Should any dependent of a deceased employee die during the
period covered by such weekly payments, the right of such dependent to com
pensation under this title shall cease, provided, should a widow who is the .-ole
dependent of a deceased employee, and who is receiving the benefits of this act,
remarry during the period covered by such weekly payments, she shall he
entitled to receive in lump-sum payment, one-third of the benefits yet remaining
unpaid at the time of such remarriage.
S e c . 3142 (as amended 1921, ch. 67). Computing waffc*.—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, and shali be arrived at and deter
mined in the following manner, to wit: Employment shall mean pursuit in the
usual trade, business, or profession of the employer. Five and one-half or
six day employment shall mean pursuit in the usual trade, business, or pro
fession, the usual operation of which is six days or less per week. Seven-day
employment shall mean pursuit in the* usual trade, business, or profession, the
usual operation of which is seven days per week. The average weekly wage
shall be determined as follows:
1. Determine the contract of hire existing at the time of the injury, whether
upon annual, month, wreek, day. hour, or piece basis.
# 2. Determine whether the employment is operated on a five and one-half, six,
or seven day basis.
3. Determine daily wage as follows:
(a) If the wage is on an annual basis, and the employment is seven days
per week, divide the annual salary by 364 days. Result—daily wage. If the
employment is five and one-half or six days per week, divide annual salary
by 312 days. Result—daily wage.
(?>) If wage is on monthly basis, multiply monthly salary by 12 and proceed
as above {a) to determine daily wage.
(e) If the wage is on a daily basis, no rule is required.
(tf) If the wage is on an hourly basis, multiply pay per hour by the number
of hours said employment regularly operates, or if operation is not regular,
use eight hours as a day.
(c) If the wage is on piece basis, use the average daily earnings for a
reasonable period in which employment has been regular. Divide the amount
earned by the number of days worked in such period. If the duration of
employment has been too short to determine as above, then use the wage of
an average employee, taking into consideration the experience of said em
ployee, and determine as above (a).
( f ) If the wage is on part-time basis, and the employment is regular, the
wage shall be extended to full-time basis, or that wage the injured would earn
if working full time in such employment, and determine as above (a).
TEXT OF LAWS---- UTAH
505
4. To determine average weekly wage, if the employment is five and onehalf or six days per week, multiply the daily wage, as determined by the
foregoing method, by 300 and divide by 52. If the employment is seven days
per week, multiply the daily wage, as derermined above, by 332 days and
divide by 52.
5. To determine weekly compensation, let I) represent daily wage.
If five and one-half or six days of employment per week—
DX30OX60
----- --------- = weekly compensation.
If seven days of employment per week—
DX 332X00
----------------= weekly compensation.
6. To determine daily compensation, divide weekly compensation by seven.
Sue. 3.143. Learners.—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.
Skc. 3144. Revision of a ward*.—The powers and jurisdiction of the com mis
sion over each case shall be continuing, and it may from time to time make such
modification or change with respect to former fiudings or orders with r e je c t
thereto, as, In its opinion, may be justified.
Sec. 3145. Lump sunis.—The commission, under special circumstances, and
when the same is deemed advisable, may commute periodical benefits to one
or more lump-sum payments.
Sec. 3140. Attachments, etc,—Compensation before payment shall be exempt
from all claims of creditors and from any attachment or execution, and shall
be paid only to such employees or their dependents.
Skc. 3147 (as amended 1019. ch. 03; 1921, ch. 67). Medical, etcb en efits.—
[In addition to compensation a reasonable sum must be furnished, not exceed
ing $500. for medical, nurse, and hospital services, including artificial limbs
and appliances. Additional amounts may be allowed in particular cases.
A burial allowance not to exceed .SI50 is provided for in fatal cases.]
Sec. 3148 (as amended 1910, cli. 03: 1021. ch. 67). Appeals.— [Within 30
days after a decision or rehearing, whether favorable or adverse, any party
affected, including the State fund, may apply to the supreme court for a
writ of review. Such review is limited to determination of whether the
commission acted without or in excess of its powers or whether findings
of fact made support the award. Findings of fact are themselves not subject
to review. No court of the State except the supreme court has jurisdicti >n
to review, reverse, or annul any award of the commission or to suspend
or delay the operation or execution thereof; but a writ of mandamus lies
from the supreme court in all proi>er cases.
In cases before the commission in which attorneys have been employed, the
commission has full power to regulate and fix fees.]
Siso. 3140. Procedure.—The commission 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 investi
gation 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
title.
Sec. 3150. Minors.—A minor working at an age legally permitted under the
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 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.
Sec. 3151. Waivers.—No agreement by an employee to waive his rights to
compensation under this title shall be valid. No agreement by an employee
to pay 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.
Sec. 3152. Medical examinations, etc,—Any employee claiming the right to
receive compensation under this title may be required by the commission, or its
506
W ORKM EN’ S COMPENSATION LAWS— UNITED STATES
medical examiner, to submit liimself 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 employee refuses
to submit to any such examination or obstructs tlie same, his right to have
his claim for compensation considered, if his claim be pending before the com
mission. or to receive any payments for compensation theretofore granted shall
be suspended during the period of such refusal or obstruction.
1.
An injured employee who desires to leave the locality in which he or
she hat? been employed during the treatment of his or her injury or desires to
leave this State shall report to his or her attending physician for examination,
notifying (lie commission in writing of such intention to leave, accompanying
such notice with a certificate from rhe attending physician, setting forth the
exact nature of the injury, the condition of the employee, together with a state
ment of the probable length of time disability will continue. After complying
with the requirements herein set forth and upon written consent of the com
mission, the employee may leave the locality in which he or she has been em
ployed: otherwise no compensation will be allowed during such ‘Absence from
the locality in which he or she has been employed.
Secs. 8158, ,‘>154. Record* to be open.— [All books, records, and pay rolls indi
cating wage expenditure must always be open for inspection by the commission
or its agents. Any misrepresentation by an employer as to the amount of the
pay roll entails liability in ten times the amount of the difference in premium
paid and th«* amount that should have been paid.]
S k c . 8 1 5 5 (as amended 1911), ch. 6 8 ) . Commerce.— [The provisions of this title
apply to intrastate, interstate, and foreign commerce only to the extent that
intrastate work is clearly separable from interstate or foreign commerce gov
erned by a rule of liability fixed by Congress.]
S e c , 8156 (as amended 1919, ch. 68). Report* of accident*.- -\Kmployers
must keep records of all injuries to their employees, reporting the same in
writing to the commission within a week, giving such information as the com
mission requires. Physicians and surgeons attending injured employees must
com ply with the rules and regulations of the commission, including its fee
schedule, and must make reports as required by it.]
Sfc. 8150x (added 1921. cli. 67). Employee to (five notice.— [Failure to give
notice to employers within 48 hours or to report for medical treatment within
such time entails a reduction of J5 per cent of the amount of compensation
payable: but if the employer had knowledge from any source, or knew* of the
statement of the injured employee as to his injury, affording an opportunity
to the employer to make an investigation and provide medical treatment, such
knowledge is equivalent to notice. Defects and inaccuracies do not affect
the payment of such reduction if it appears that there was no intention to
mislead or prejudice the employer, and if he was not in fact misled or preju
diced. If no notice is given within one year from the date of the accident tho
right to compensation is wholly barred.]
S e c s . 8157, 8158. 8159 (as amended. 1921. ch. 67), 8160. Miscellaneous provi
sion*.— [The commission is to be represented, on its request, by the attorney
general of the Slate or any district or county attorney under his direction, in
proceedings for the enforcement of the law or recovery of premiums or
penalties: also in actions brought against the commission.
The commission may make necessary expenditures to obtain statistical and
other information provided for in the law. Biennial reports are to be made
by the commission giving accident data, disbursements from the expense*
fund, status of the fuud, and other information which the commission deems
proper to call to the attention of the governor. The commission is to supply
printed matter, including classification, rates, rules, and regulations and such
general information as to its transactions as in its judgment may be useful.1
Sec. 8161 (as amended 1919, ch. 68). Injunction*.— [No injunction may sus
pend any order, award, classification, or rate adopted by the commission or any
action of the State or county officers required to be taken under the pro
visions of this act.]
S e c . 8 1 6 2 . V neonstitutionaiit//.— [The invalidity of any section or provision
of the title is not to affect the remainder.]
Sec. 8168 (as amended 1921. ch. 67). Appropriation.— [An initial appropria
tion for the State fund is provided, the same to be returned at such times
and in such amounts as the commission deems advisable, without; impairing the
solvency of the fund.]
Sec, 8164, Act in effect.— [This law became operative July 1, 1917.]
VERMONT
CONSTITUTION
Compensation for injuries to employees
A r t i c l e 32. Legislation authorized.— Tlie general assembly may pass laws
compelling compensation for injuries received by employees in tlie course of
their employment 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, 1013.
GENERAL LAWS—1017
C h a pter
241.—Employer's liability and workmen's compensation
S e c t i o n s 5752-575(5. Commissioner of Industrie«.— (The governor appoints bi
ennially, with the advice and consent of the senate, a commissioner of indus
tries, who is charged with the general duty of enforcing the labor laws of the
State.]
Sbc. 5757. ITransitory.]
S e o . 5758. Definitions.— W o r d s a n d p h r a s e s u s e d i n t h i s c h a p t e r , u n l e s s t h e
c o n te x t o th e r w is e r e q u ir e s , s h a ll b o c o n s tr u e d
a s fo llo w s :
I. **Employer ” to include any body of persons, corporate or unincorporated,
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 employed. If the employer is insured, “ em
ployer ” includes his insurer so far as applicable;
II. “ Workman ” and “ employee” to mean a person who has entered into the
employment of, or works under contract of service or apprenticeship with, an
employer, but not to include a person whose employment is purely casual or
not for tlie purpose of the employer’s trade or business, or whose remuneration
exceeds $2,00() a year: Provided, however, That in all cases where the em
ployee’s wage exceeds the sura of $2,000 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 in
dustries, the provisions of this chapter shall apply. Any reference to a work
man who has been injured shall, where the workman is dead, include a refer
ence 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;
III. “ Injury ” mid “ personal injury ” to include death resulting from injury
within two years;
IV. “ Personal injury by accident out of and in the course of such employ
ment ” 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 un
less it results from the injury ;
V. “ Employment” in the case of private employers, to include employment,
only in a trade or occupation which is carried on by the employer for the sake
of pecuniary gain. “ Public employment ” to mean employment by any of the
public corporations mentioned in section 5760, but not to include the employment
of public officials who are elected by popular vote or who. receive salaries ex
ceeding $2,000 a year :
VI. “ Partial disability ” may be held to include diminished ability to obtain
employment owing to disfigurement resulting from an injury;
1965°—26------ 33
507
508
w o r k m e n 's
COMPENSATION LAWS— UNITED STATES
VII. “ Wages ’* to include ihe market value of board, lodging, fuel, and other
advantages which can be optimalecl 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 employment;
VIII. “ Insurance carrier ” to include any corporation from which an em
ployer has obtained workmen’s compensation insurance or guaranty insurance
in accordance with the provisions of this chapter.
Sec. 5759. Same.—Words used in this chapter shall be construed as follows:
I.
“ Child** to include a stepchild, adopted child, posthumous child, and an
acknowledged illegitimate child, but not to include a married child unless
dependent;
IT. “ 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 v 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 adoptiou: and
V. “ Grandparent. *’ to include a parent of a parent by adoption, but not
to include a pa rout of a step-parent, a step-parent of a parent, or a step-parent
of a step-parent.
Secs. 57(H). 57(51 (as amended 1919, No. 158; 1923, No. 105), 57G2. Procedure.—
[Process and procedure are to be summary and simple as reasonably may be.
The commissioner may subpa-na witnesses, administer oaths, examine books
and paiters, and enforce attendance by application to a conniy court or
superior jud:re. lie is authorised to make rules, furnish blanks for the
administration of the act, and conduct investigations and hearing* in such
manner as to a.-vertain the substantial rights of the parties. On the applica
tion of either party, with notice to the other, the commissioner may authorize
a third party to take the testimony of a person residing without the State.
If questions arising under the act are not settled by agreement wbh the
approval of the commissioner, they are to be determined by him, except; as
otherwise provided. Decisions are enforceable by the county court as provided
in scetion 5309. An appeal may be taken, but shall not operate as a stay
unless the commissioner or the court to which the appeal is taken so orders. 1
Sues 5703-5707. Election.—[The provisions of this chapter, except sections
5700. 5707, and 5820. are not applicable in the absence of election prior to
any injury, either express or implied. Such election waives other remedies
and is binding on personal representatives and next of kin. All contracts
of hire are presumed to be subject to the provisions of this act in the absence
of express statement in writing to the contrary, prior to the accident, served
on the adverse party with notice to the commissioner. Such agreement may
be terminated on 00 days’ notice in writing prior to any accident, to be served
also on the commissioner. If an employee elects, and his employer rejects,
an action for damages may be brought and the employer may not avail himself
of rhe common-law defenses; but if the employer elects and the employee
rejects, the defenses are available.]
Skc. 570S (a s amended 1923, No. 105). Employ mentis covercd.—The provisions
of this chapter shall apply to all public and industrial employment, as herein
before drifted, but shall not apply to domestic servants or to employers who
regularly employ but 10 employees or less: Provided, That an employer
who employs 10 employees or less may notify said commissioner that he
wishes to be included within the provisions of this chapter: and thereafter
the provisions of this chapter shall apply to him tlie same as if he employed
more than 10 employees. A charitable, religious, educational, or other cor
poration. institution, association, partnership, or individual engaged in a
biistne**. trade, or occupation which is not carried on for the sake of pecuniary
gain, may voluntarily come within the provisions of this chapter by giving
a similar notice. If a workman receives a 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 sj>eeified.
Skc. 5709. State, and municipal bodies.—The provisions of this chapter shall
apply to employees, other than officials as hereinbefore defined, of town*,
town school districts, incorporated school districts, incorporated villages, and
TEXT OF LAWS— VERMONT
509
fire districts. Policemen, firemen, and others entitled to pensions shall be
deemed employees within the meaning of this chapter. If, however, any
policeman, fireman, or other person entitled to a pension claims compensation
under the provisions of this chapter, there shall be deducted from such com
pensation any sum which such policeman, fireman, or other person may be
entitled to receive from any pension or other benefit fund to which the munici
pal 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.
Sec. 5770. Injuries outside State.—If a workman who has been hired in this
State receives personal injury by accident arising out of and in the course of
such 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 k c . 5771. Same.—If a workman who has been hired outside of this State
is injured while engaged in his employer’s business, and is entitled to com
pensation 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 bis rights are such that they can be reasonably determined and dealt with
by said commissioner and the court in this State.
S e c . 5772. Interstate commerce.—The provisions of this chapter shall affect
the liability of employers to employees engaged in interstate or foreign com
merce or otherwise only so far as the same is permissible under the laws of
the United States.
S e c s . 5773, 5774. Application.— [Injuries sustained prior to the inception of
the act are not affected by it, but the rights and remedies provided are ex
clusive as to all other forms of recovery for injuries under the act. Employers
hiring workmen within the State for employment outside may agree that the
provisions of this chapter shall be exclusive as to accidents outside the State
arising out of and in the course of such employment and such agreement is
presumed.]
S e c . 5775. Third party liability.— r Where a third party is liable for the
injury, the injured employee may at his option claim compensation or proceed
in an action at law to recover damages. If compensation is claimed and
awarded, the employer is subrogated to the rights of the injured employee;
but excess recovery, after costs are met, goes to the injured employee.]
Sec. 5776. Waivers.—An employer shall not be relieved in whole or in part
from liability created by the provisions of this chapter, by any contract, rule,
regulation, or device whatsoever.
Sec. 5777. Death benefith.—If death results from the injury within two years,
the employer or the insurance carrier shall pay to the persons entitled to com
pensation or, if there are none, then to the personal representative of the
deceased employee, burial expenses not to exceed $100; 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 5790: Provided, That the total amounts payable
on account of a single death shall not exceed the sum of $3,500 and the amounts
herein allowed shall be ratably reduced, if necessary, to conform to this limi
tation :
I. To the de]>endent widow or widower, if there are no dependent children,
33% per cent;
II. To the dependent widow or widower, if there are one or two dependent
children, 40 per cent; or if there are three or mrire dependent children, 45
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, 25 per cent, with 10 per cent ad
ditional for each child in excess of two, with a maximum of 40 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,
25 per cent, or if partially dependent, 15 per cent, or if both parents are de
pendent then half of the foregoing compensation to each of them; or, if there
is no such parent, nut a dependent grandparent, then to every such grand
parent the same compensation as to a parent;
V. If there is neither dependent widow, widower, child, parent, nor grand
parent, but there is a dependent grandchild, brother, or sister, or two or more
510
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COMPENSATION LAWS— TXNITBD STATES
of them, to such dependents, 15 per cent for one such dependent and 5 per
cent additional for each additional such dependent, with a maximum of
25 per cent to be divided equally between such dependents if more than one.
Said commissioner shall, from time to time, apportion such compensation be
tween 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 selfsupporting.
Sec. 5778. Dependents.—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 18 years of age, or incapable of self-support and un
married, 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;
III. The widower only if incapable of self-support and actually dependent
wholly or partially, upon the deceased;
IV. A parent or grandparent only if actually dependent, wholly or partially,
upon the deceased;
V. A grandchild, brother, or sister only if under 18 years of age, or in
capable of self-support, and wholly dependent upon the deceased. The relation
of dependency must exist at the time of the injury.
Sec. 5779. The compensation provided for by the provisions of this chapter
shall be payable during the following periods:
I. To a widow, until death or remarriage, but in no case to exceed 260
weeks;
II. To a widower, during disability or until remarriage, but in no case to
exceed 260 weeks;
III. To or for a child, during dependency as hereinbefore defined, but in
no case to exceed 260 weeks;
IV. To a parent or grandparent, during the continuation of a condition of
actual dependency, but in no case to exceed 208 weeks; and
V. To or for a grandchild, brother, or sister, during dependency as herein
before defined, but in no case to exceed 208 weeks.
Upon the cessation of compensation under this section to or on account
of any person, the compensation of the remaining persons entitled to com
pensation for the unexpired part of the period during which their compensa
tion 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 dece
dent's death.
Sec. 5780. Minimum basis,—In computing death benefits the average weekly
wages of the deceased employee shall be considered to be not less than $5.
Sec. 5781. Payment a discharge.—Payment of death benefits by an employer
in good faith to a dependent subsequent in right to another or other dependents,
shall protect and discharge the employer unless and until such dependent or
dependents prior in right 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.
Sp:c. 5782. Incompetents.—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 5779. The compensa
tion of a person who is insane shall be paid to his guardian.
Sec. 5783 (as amended 1923, No. 105). Death during benefit period.—In
case of the death of a person from any cause other than the accident during
the period of payments for disability or for the irermanent injury, the remain
ing payments for disability then due and/or for the permanent injury shall
be made to his dependents according to the provisions of section 5779, or if
there are none the remaining amount due, but not exceeding $100, shall be
paid in a lump sum to the proper person for funeral expenses.
Sec. 5784. Medical, etc., aid.— During the first 14 days of disability the em
ployer shall furnish reasonable surgical, medical, and hospital services and
supplies not exceeding the amount of $100. 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 treat
ment of injured persons of a like standard of living when such treatment is
paid for by the injured person.
8
TEXT OF LAW — VERMONT
511
Sec. 5785 (as amended 1921, No. 167). Total disability.—Where the injury
causes total disability for work, the employer during such disability, not in
cluding the first 14 days thereof if said injury is received prior to the 1st day
of July, 1918, and not including the first seven days thereof if received on or
after said last named day, shall pay the injured employee a weekly compensa
tion equal to 50 per cent of the average weekly wages, but not more than $12.50,
if said injury is received prior to the 1st day of July, 1921, and not more than
$15 if received on or after said last named day, nor less than $6 a week in
any event. Payments shall not continue after the disability ends, nor longer
than 260 weeks, and in case the total disability begins after a period of partial
disability, the period of partial disability shali be deducted from such total
period of 260 weeks. In case of an employee whose average weekly wages are
less than $6 a week, the compensation shall be the full amount of such average
weekly wages.
S e c . 5786. Same.—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 result
ing in permanent total disability shall not exceed the sum of $4,000.
Sec. 5787. Partial disability.—Where the disability for work resulting from
an injury is partial, the employer, during such disability and beginning on the
fifteenth day thereof if the injury causing the same occurred prior to July 1st,
1918, and on the eighth day thereof, if such injury occurred on or after said
July 1, 1918, shall pay the injured employee a weekly compensation 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 $10 a week. Payments shall not continue after the disability
ends nor longer than 260 weeks, 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 260 weeks.
Sec. 5788 (as amended 1919, No. 159; 1921, No. 168). Schedule.—In case of
the following injuries, the compensation shall be paid during total disability,
as provided in section 5785, and at the termination of the total disability occa
sioned by said injuries, the employer shall pay to said injured employee 50 per cent
of the average weekly wages, computed as provided in section 5790, 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 260 weeks, which compensation shall be in lieu of all other benefits except
those provided in section 5784.
I. The loss by separation of one arm at or above the elbow joint, or the
permanent and complete loss of the use of one arm, 170 weeks.
II. The permanent and complete loss of hearing in both ears, 170 weeks.
III. The loss by separation of one leg at or above the knee joint, or the per
manent and complete loss of the use of one leg, 170 weeks.
IV. 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, 140 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 per
manent and complete loss of the use of one foot, 120 weeks.
VI. The loss by separation of a thumb, 40 weeks.
VII. The loss by separation of a first finger, commonly called the index finger,
25 weeks.
VIII. The loss by separation of a second finger, 20 weeks.
IX. The loss by separation of a third finger, 15 weeks.
X. The loss by separation of a fourth finger, 10 weeks.
XI. The loss of the first phalange of the thumb, or of any finger, shall be con
sidered 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 specified, and compensation for
512
W O B K M E n 's COMPENSATION LAWS— UNITED STATES
loss of half of the first phalange shall be for a fourth of the periods of time
above specified.
XII. 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 linger exceed the amount provided in this
schedule for the loss of a hand.
XIII. The loss by separation of a great toe, 20 weeks.
XIV. The loss by separation of one of the toes other than a great toe, 8
weeks.
XV. The loss of (he first phalange of any toe shall be considered to be equal
to the loss of half oC such toe and compensation shall be half of the amount
specified above.
XVI. The loss of more than one phalange of any toe shall be considered as
the loss of the entire toe.
XVII. The loss of an eye, 100 weeks.
XVIII. In all cases where the employee sustains any of the injuries enu
merated in the preceding 17 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 compensated for such other injuries and on the
termination of the total disability occasioned by such other injuries, compensa
tion shall be paid for the specific injuries as above specified, but in no case
shall the total period for which compensation is paid exceed 260 weeks.
XTX. In all other cases in this class, or where the usefulness of a member of
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.
XX. In case of the following injuries, the compensation shall be 50 |>er cent
of the average weekly wages, which compensation shall be in lieu of all other
benefits except those provided in section 5784.
(a) The permanent and complete loss of hearing in one ear, 42Va weeks.
(ft) Simple hernia, 4 weeks.
(c) Strangulated hernia, 8 weeks.
XXI. In event an employee shall receive an injury which results in the per
manent impairment of any physical function not herein specifically mentioned,
the commissioner of industries shall determine the percentage of loss and award
compensation accord ingly.
S e c . 5780. Willful intent .— Compensation shall not be allowed for an injury
caused 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 k c . 5700 (as amended 1910, No. 159). Computation of wages.—Average
weekly wages shall be computed in such a manner as is best calculated to give
the average weekly earnings of the workman during the 12 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 employment, it is impracticable to compute the
rale of remuneration, regard may be had to the average weekly earnings which,
during the 12 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 district. If a work
man at the time of the injury is regularly employed in a higher grade of work
than formerly during the 12 weeks preceding such injury and with larger regu
lar wages, only such larger wages shall be taken into consideration in comput
ing his average weekly wages; if during said period of 12 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
consideration in determining his average weekly wage.
Sec. 5791. Voluntary payments.—Payment made by an employer or his in
surer to an injured workman during the period of his disability, or to his de
pendents, which, by the provisions of this chapter, were not due and payable
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 compensa
tion must be paid, and not by reducing the amount of the weekly payments
under sections 5785 to 5788, both inclusive.
TEXT OF LAWS— VERMONT
513
S e c . 5792. Time of payments.—Said commissioner, upon the application of
either party, may, in his discretion, having regard to the welfare of the em
ployee and the convenience of the employer, authorize compensation to be paid
monthly or quarterly instead of weekly.
S e c s . 5793, 5794. Lump sums.—[The commissioner may on application of
either party, with due notice to the other, commute payments to a lump sum
at present value discounted at 4 per cent simple interest if it appears to be for
the best interest of the employee or his dependents, or that it will avoid undue
expense or hardship to either party. Commutation may not be made for the
purposes of satisfying a debt. Such lump sum may be paid to a bank or
trustee to administer as directed by the commissioner, the expenses to be a
charge on the compensation so deposited.]
Sec. 5795. Medical ej.mmimtion».— [An injured workman must submit to a
medical examination at the request of his employer or as ordered by the com
missioner at reasonable times and places. He may have his own physician
present. Keiusai or obstruction suspends benefits, and compensation shall not
be payable for the period during which it continues.]
Secs. 5790 (as amended 1919, No. 159), 5797, 5798, 5799 (as amended 1925,
No. 101), 5800. Notice and claim.— [Notice of an injury must be given the em
ployer as soon as practicable, and claim made within six mouths after the
injury or death, in the iatter case whether the employee himself has made a
claim or not. If compensation is voluntarily paid, the making of claim within
such period is not required. If actions to recover damages have been begun
through mistake of law or fact, and final judgment is against the employee, the
limitation does not begin to ruu until six months after the final decision.
Notice and claim must be in writing, in ordinary language, signed by the
claimant or someone in his behalf. Notice and claim may be combined, and
may be sent by registered letter. Inaccuracies do not invalidate unless actually
misleading; nor do want of notice and claim or delay bar proceedings if it
ap]>ears that the employer or his agent had knowledge, or that the employer
was not prejudiced by such delay or want of notice. The limitation does not
ruu against minors or incompetent persons so long as no guardian is provided.]
S e c s . 5801 (as amended 1923, No. 105), 5802 (as amended 1919, No. 159),
6803, 5804 (as amended 1021, No. 109), 5805, 5806, 5807 (as amended 1923, No.
106), 5808 (as amended 1923, No. 100), 5809-5813. Procedure.— [A memo
randum of any agreement made between the parties may be filed with the com
missioner, and if approved by him, becomes enforceable and subject to modi
fication the same as an award. Compromise agreements may be approved if
the commissioner is clearly of the opinion that t he best interest of the employee
or his dependents will be served thereby.
In the absence of agreement, either party may apply to the commissioner for
hearing and award. A full trial is to be had and an award made within six
months thereafter. The commissioner may appoint an impartial physician to
make examination and report. A fee of $5 is fixed, but additional reasonable
amounts may be allowed in extraordinary cases. On the request of the com
missioner such examination shall be made by the director of the State labora
tory of hygiene or by a physician designated by him.
The commissioner may, on his own motion, or on the application of any party
in interest, review an award, modifying it according to facts found. Such re
view does not affect money already paid. Awards are conclusive, in the
absence of fraud, unless an appeal is taken within 10 days to the county court.
Review is limited to questions of fact or of fact and law certified to the court
by the commissioner. On findings certified to the commissioner he shall make a
new order in accordance therewith which supersedes the previous award. If
no appeal is taken to the county court within the time fixed, either party may
within five days thereafter appeal to the supreme court on questions of law
certified to it by the commissioner.
A party in interest may file a certified copy of any decision not appealed
from in the county court whereupon the court shall render judgment as in an
action duly heard and determined by the court, except there can be no appeal.
The judgment will be modified in accordance with any modification of an
award.
The commissioner may grant a new hearing on the ground of newly dis
covered evidence, but the decision as to granting or denying such hearing is
final and conclusive.
514
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COMPENSATION LAWS— UNITED STATES
If the commissioner or court finds that any proceedings was without rea
sonable basis it may assess the whole cost upon the party who brought, prose
cuted, or defended such proceeding.
Sheriffs and witnesses receive the same fees as allowed in the county court.
No cost will be taxed except for unreasonable or groundless actions.]
S e c s . 5814, 5815. Status of award*.— [Compensation rights have the same
preference as unpaid wages. Claims are not assignable and are exempt from
claims of creditors except that approved claims of physicians and attorneys
are enforceable against compensation awards as the commissioner may direct.]
S e c s . 5816 (as amended 1919, No. 159), 5817-3825. Insurance.— [Employers
other than the State or its municipalities must secure compensation by insur
ing with some authorized company or maintaining guaranty insurance, by
depositing security, by satisfying the commissioner of financial responsibility
to comply with the provisions of the chapter, or by depositing in a banker trust
company such sum of money as the commissioner may require to the joint
credit of the commissioner and the employer to be held as security for pay
ments to injured employees. Any insurance company authorized to write
compensation insurance, and failing to comply with the rules of the commis
sioner, or to make prompt payments, may have its license suspended by the
insurance commissioner after hearing. Self-insurers or those securing liability
by deposits must comply with the reasonable rules of the commissioner and
pay benefits promptly; otherwise the commissioner may revoke their permis
sion to secure payment of compensation and compel insurance to be taken in
an authorized company. Employers must file with the commissioner a notice of
the insurance carried, together with a copy of the contract. Employers must
post notices of tlieir compliance with the insurance requirements, or after
30 days may be enjoined by a superior judge, on notice and hearing, from
carrying on business until the act is complied with.
Policies must cover the entire liability of the employer and provide for enforce
ment directly in behalf of the employees, and that the notice, knowledge, and
jurisdiction of the employer bind the carrier. The insolvency of the employer
does not relieve tbe carrier from payment for injuries sustained during the
life of the policy or contract; nor may the policy be canceled during its term
without at least 10 days’ notice to the commissioner and the employer. Munici
palities may insure with authorized insurance carriers. Any agreement by
which employees pay any portion of the cost of the insurance maintained by
the employer to secure compensation is void.]
S e o . 5826. Reports of accidents.— [Employers under this chapter must keep
a record of all injuries to tlieir employees and report the same to the commismiwsioner in writing within 72 hours, Sundays and lt'gal holidays excluded.
A supplemental report must be made on the termination of the disability, or
within 60 days, with final report on recovery. Within 60 days after the dis
ability the party liable to pay compensation must file with the commissioner
a statement showing the total payments made or to be made for compensation
and medical services.]
S e c s . 5827-5S31. Miscellaneous provisions.— [Employers of five or more men,
doing business in the State, and every employer under the act, must annually
file a certificate stating the number of employees and other statistical infor
mation as the commissioner may require. The commissioner is to report to
the governor every two years statistical information as to the number and
character of accidents for the period and such other information and recom
mendations as seem pertinent.
False statements or representations willfully made for the pui*i>ose of obtain
ing benefits for oneself or any other person entails a fine of not more than $100
and forfeiture of compensation rights.
The act is to be liberally construed, to effect its general purposes, and the
invalidity of any portion is not to affect the validity of the chapter as a
whole.]
VIRGINIA
ACTS OF 1918
C h a p te r
400.—Compensation of workmen for injuries—Industrial commission—
Insurance fund
S e c t i o n 1. Title.—This act shall be known as the Virginia workmen's com
pensation act.
Sec. 2 (as amended 1922, ch. 425; 1923, ch. 22; 1926, ch. 534). Definitions.—
In this act unless the context otherwise requires:
(а) “ Employers” shall include the State and any municipal corporation
within the State or any political division thereof, and any individual, firm,
association, or corporation, or the receiver or trustee of the same, or the legal
representative of a deceased employer, using the service of another for pay.
If the employer is insured it shnll include his insurer so far as applicable.
(б) “ 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; and as relating to those so employed
by the State the term “ employee” shall include the officers and members of
the National Guard, and all officers and employees of the State, except only
such as are elected by the people, or by the general assembly, or appointed by
the governor either with or without the confirmation of the senate: as relating
to municipal corporations and political divisions of the State, the term “ em
ployee” shull include all officers and employees thereof, except such as are
elected by the people or elected by the council, or other governing body of said
municipal corporation or political division, who act in purely administrative
capacities and to serve for a definite term of office. Policemen and firemen,
except policemen and firemen in cities containing more than 170,000 inhabi
tants, shall be deemed to be employees of the respective cities, counties, or
towns in which their services are employed and by whom their salaries are
paid. Any reference to an employee who has been injured shall, when the
employee is dead, include also his legal representative, dependents, and other
I*ersons to whom compensation may be payable. For the purpose of this act
the average weekly wage of the noncommissioned officers and members of the
National Guard shall be deemed to be $30.
(<?) “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 52 weeks immediately preceding the date of the injury,
divided by 52; but if the injured employee lost more than seven consecutive cal
endar 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
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 which the employee earned wages shall be followed, provided
results 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 52 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 approximate the amount which
the injured employee would be earning were it not for the injury.
515
516
W O R K M E N ^ COMPENSATION LAWS— UNITED STATES
Wherever allowances of any character made to an employee iu 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 naturally and unavoidably from
the accident.
(c)
In all claims for compensation for hernia resulting from injury by
accident arising out of and in the course of the employee’s employment, it
must be definitely proved to the satisfaction of the industrial 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; 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
com pens?ition paid in accordance with the provisions of section 39. In nonfatal eases, time loss only shall be paid unless it is shown by special examina
tion, as provided in section 28, 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
with reference to partial
disability.
In case tlie injured employee refuses to undergo the radical operation for
the cure of said hernia, no compensation will be allowed during the time siich
refusal continues. If, however, it is shown that the employee hns some
chronic diseases, or is otherwise in such physical condition that the commis
sion considers it unsafe for the employee to undergo said operation, the
employee shall be paid as provided in section 31.
•Skc. 3. Pending litigation.— The provisions of this act shall not nfleet pending
litigation.
Srccs. 4-8. EU'i'Ikm presumed.— [Acceptance of the act by all employers and
employees.* except as herein stated, is presumed in the absence of prior notice.
Rejection may be waived by similar notice. Notices must be given within
30 days prior to any accident unless occurring within 30 days after the date
of employment, when notice at such date will be sufficient. The industrial
commission is to prescribe form? to be posted by the employer or served per
sonally upon employees. Employees must give notice to the employer per
sonally or by registered letter. In both cases copies must be filed with the
commission. Contracts of waiver, except us herein otherwise expressly provided,
are void. Neither the State nor its subdivisions nor any employee of tlie
same may rejcct the provisions of the act as to compensation.]
Sec. 9. Railroads.— [The act does not apply to common carriers by railroad
in interstate commerce, nor docs it affect State or Federal legislation on the
subject.]
Skc. 10. Prior injuries.— rPrior injuries are not affected.]
Sfc. 11. Insurance.— [Employers accepting the act must injure their liability
thereunder.]
Sec. 12 (as amended 1920, ch. 176; 1924. ch. 318; 1926, ch. 7). Remedies
exclusive; third party liiibUity.— [The remedy provided under this act. against
an employer is exclusive of all other rights and remedies as against him;
but if the injury is such as to create liability in another person than the em
ployer action at law may be brought, against, such third party before an award
is made, but either the acceptance of an award or the procurement of a judg
ment in an action at law bars further proceedings under the alternate remedy.
If the employee was an infant employed knowingly and willfully in violation
of law. the parents may maintain an action at law for loss of service against
the employer or the third party and recover damaces in addition to the com
pensation recoverable under the act. Illegal employment does not. affect the
compensation lights of a minor employee.
Acceptance of an award operates as an assignment to the employer of any
right of action against a third party, and if the person entitled to sue has
made claim against the employer and has not proceeded against the third
party, the employer may, to avoid bar of limitation, institute an action at law
prior to the making of an award. The amount of compensation paid is not
TEXT OP LAWS— VIRGINIA
517
admissible as evidence in an action for damages, but any excess recovery, less
costs and fees, is to go for the benefit of the injured employee or other person
entitled thereto. Compromise settlements made by the employer or insurance
carrier require the approval of the industrial commission and the injured
employee or his personal representative or dependents in ease of death. If
an insurance carrier has paid the compensation it is subrogated to the em
ployer’s rights.]
Sec. 13. Violation of statutes.—Nothing in this act shall be construed to
relieve any employer or employee from penalty for failure or neglect to perform
any statutory duty.
Sec. 14. Injuries exempt.—No compensation shall be allowed for an injury
or death due to the employee’s willful misconduct, including intentional selfinflicted injury, or growing out of his attempt to injure another, or due to
intoxication or willful failure or refusal to use a safety appliauce or perform
a duty required by statute, or the willful breach of any rule or regulation
adopted by the employer and approved by the industrial commission and
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.
Sec. 15. Excluded employments.—This act shall not apply to common carriers
whose motive power is st?am and engaged in intrastate trade or commerce,
nor shall 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 Virginia relating to
liability of common carriers whose motive power is steam and engaged in
intrastate cominer<?e for injury to or death of their employees, and providing
for pleading thereof, approved March 21, 3910, 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 14. 1912, nor to casual employees, farm laborers, and
domestic* servants, nor to employees of such persons, nor to any person, firm,
or private corporation, including any public-service corporation, that has regu
larly in service less than 11 operatives in the same business within this State,
unless such employees and their employers voluntarily elect in the manner
hereinafter specified to be bound by this act.
S e c s . 1(5-18. Actions at law.— r Employers rejecting the act may not, in any
action for damages by the employee, plead the common-law defenses; but where
the employer accepts and the employee rejects, they are available. If both
parties have rejected the act the defenses stand abrogated.]
Sec. 19. Voluntary settlements.—Nothing herein contained shall be construed
so as to prevent settlements made by and between the employee and employer,
but rather to encourge them, so long as the amount of compensation and the
time and manner of payment are in accordance with the provisions of this
act. A copy of such settlement agreement shall be filed, by employer, with the
commission.
Sec. 20 (as amended 1924, ch. 318). Employees of contractors.— (a) Where
any person (in this section referred to as “ owner” ) undertakes to perform
or execute any work which is a part of his trade, business, or occupation and
contracts with any other person (in this section referred to as “ subcontractor ” )
for the execution or performance by or under such subcontractor of the whole
or any part of the work undertaken by such owner, the owner shall be liable
to pay to any workman employed in the work any compensation under this
act which he would have been liable to pay if the workman had been immedi
ately employed by him.
Where any person (in this section referred to as “ contractor” ) contracts
to perform or execute any work for another person which work or undertaking
is not a part of the trade, business, or occupation of such other person and con
tracts with any other person (in this section referred to as “ subcontractor” )
for the execution or performance by or under the subcontractor of the whole
or any part of the work undertaken by such contractor, then the contractor
shall be liable to pay to any workman employed in the work any compensa
tion under this act which lie would have been liable to pay if that workman
had been immediately employed by him.
Where the subcontractor, as the term is hereinbefore used, in turn contracts
with still another person (in this section also referred to as “ subcontractor” )
518
WORKMEN*S COMPENSATION LAWS— XTNITED STATES
for the performance or execution by or under such last subcontractor of the
whole or any part of the work undertaken by the first subcontractor, then the
liability of the owner or contractor, as those terms are hereinbefore used, shall
be the same as the liability imposed by the preceding paragraphs of this sub
section.
Where compensation i.s claimed from or proceedings are taken against the
owner or contractor, as those terftis are hereinbefore used, then, in the appli
cation of this act reference to the owner or contractor shall be substituted
for reference to the subcontractor, except that the amount of compensation shall
be calculated with reference to the earnings of the workman under the sub
contractor by whom he is immediately employed.
(6)
Whore 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 workman 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 subcontractor shall
have the right to call in that subcontractor or any intermediate contractor or
contractors sis defendant or codefendant.
Sec. 21. Preference of (Haims.—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.
* Sec. 22. Exemptions.—No claim for compensation under this act shall be
assignable, and all compensation and claims therefor shall be exempt from all
claims of creditors.
Secs. 23-25. Notice mid claim.— [Injured employees must give immediate
notice, or as soon as practicable, of the action, and are not entitled to physi
cians’ fees or compensation accrued prior to the giving of such notice unless it
can be shown that the employer, his agent, or representative had knowledge
of the accident or that notice could not be given by reason of physical or
mental incapacity or fraud or deceit of some third person. Compensation is
barred, unless such written notice is given within 30 days, in the absence of
reasonable excuse and a showing that the employer was not prejudiced thereby.
Ordinary language may be used, defects or inaccuracies do not invalidate unless
prejudicial, and then only to the extent of such prejudice, and service may be
either personal or by registered letter. Claims must be filed within one year
after the accident, or after death if the injury was fatal.]
Sec. 20 (as amended 1020, ch. 176). Medical aid,—For a period not exceeding
60 days after an accident the employer shall furnish or cause to be furnished
free of charge to the injured 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;
and in addition such surgical and hospital service and supplies as may be
deemed necessary by said attending physician or the industrial commission.
The refusal of the employee to accept such service when provided by the
employer shall bar said employee from further compensation until such refusal
ceases, and no compensation shail at any time be paid for the period of sus
pension unless in the opinion of the industrial commission the circumstances
justified the refusal, in which case the industrial commission may order a
change in the medical or hospital service.
If iu an emergency on account of the employer’s failure to provide the
medical care during the first 60 days, as herein specified, or for other good
reasons, a physician other than provided by the employer is called to treat the
injured employee during the first 60 days, the reasonable cost of such service
shall be paid by the employer if ordered so to do by the industrial commission.
Sec. 27. Cost of service.—The pecuniary liability of the employer for medical,
surgical, 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 furnished by him pursuant
TEXT OF LAWS— VIRGINIA
519
to the provisions of this section, but the consequences of any such malpractice
shall be deemed part of the injury resulting from the accident and shall be
compensated for as such.
Sec. 28. Medical exammatioiis.— [So long as compensation is claimed the
employee must, if requested by the employer or ordered by the industrial com
mission, submit to a medical examination at reasonable times and places. He
may have his own physician present. Communications to such physicians are
not privileged in so far as hearings under the act or actions at law against an
accepting employer are concerned. Refusing or obstructing examination sus
pends benefits for the time, and no compensation therefor shall be paid unless
in the opinion of the commission the circumstances justified such refusal or
obstruction. An autopsy may be had in case of death at the expense of the
party requesting the same.]
Sec. 29 (as amended 1920, ch. 176). Waiting time.—No compensation shall be
allowed for the first 10 calendar days of incapacity resulting from an injury
except the benefits provided for in section 26; but if incapacity extends beyond
that period compensation shall commence with the 11th day of disability.
If, however, such incapacity shall continue for a period of more than six weeks,
then compensation shall be allowed from the first day of such incapacity.
Sec. 30 (as amended 1920, ch. 176; 1924, ch. 318). Total disability.—Where
the incapacity for work resulting from the injury is total, the employer shall
pay, or cause to be paid, as hereinafter provided, to the injured employee
during such total incapacity a weekly compensation equal to 50 per cent of
his average weekly wages, but not more than $12 nor less than $6 a week;
and in no case shall the period covered by such compensation be greater than
500 weeks, nor shall the total amount of all compensation exceed $4,500.
Sec. 31 (as amended 1920, ch. 176). Partial disability.—Except as otherwise
provided in the next section hereafter, where the incapacity for work resulting
from the injury is partial, the employer shall pay, or cause to be paid, as here
inafter provided, to the injured employee during such incapacity a weekly
compensation equal to 50 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 $12 a week, and in no case shall
the period covered by such compensation be greater than 300 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.
S ec. 32 (as amended 1920, ch. 176; 1924, ch. 31.8; 1926, ch. 7). Schedule.—
In cases included by the following schedule the incapacity in each case shall
be deemed to continue for the period specified, and the compensation so paid
for such injury shall be as specified therein, and shall be in lieu of all other
compensation, to w it:
(a) For the loss of a thumb, 50 per cent of the average weekly wages
during 60 weeks.
(b) For the loss of a first finger, commonly called the index finger, 50 per
cent of the average weekly wages during 35 weeks.
(e) For the loss of a second finger, 50 per cent of average weekly wages
during 30 weeks.
(d)
For the loss of a third finger, 50 per cent of average weekly wages
during 20 weeks.
(a) For the loss of a fourth finger, commonly called the little finger, 50
l)er cent of average weekly wages during 15 weeks.
(f) The loss of the first phalange of the thumb or any finger shall be con
sidered 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 finger or thumb: Provided, ho-icever, 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.
(70 For the loss of a great toe, 50 per cent of the average weekly wages
during 30 weeks.
(j) For the loss of one of the toes other than a great toe, 50 per cent
of average weekly wages during 10 weeks.
iTc) 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.
520
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COMPENSATION LAWS— UNITED STATES
(I)
The loss of more than one phalange shall be considered as the loss of
the entire toe.
(m) For tlie loss of a hand. 50 per cent of the average weekly wages during
150 weeks.
(» ) For the loss of an arm, 50 per cent of average weekly wages during
200 weeks.
(o)
For the loss of a foot, 50 per cent of average weekly writes during
125 weeks.
(p) For the loss of a leg, 50 per cent of average weekly wages during
175 weeks.
(q) For the permanent total loss of the vision of an eye, 50 per cent of
tlie average weekly wages during 100 weeks; and for the permanent partial
loss of the vision of an eye. the percentage of 100 weeks equivalent to the
percentage of the vision so permanently hist.
(r) For the permanent total loss of the hearing of an ear. 50 per cent of
the average weekly wages during 50 weeks; and for the permanent partial
loss of the hearing of an ear, the percentage of 50 weeks equivalent to the
percentage of the hearing so permanently lost.
(*) The loss of both hands, or both arms, or both feet, or both legs, or both
eyes, or any two parts thereof, shall constitute total and permanent incapacity,
to be compensated according to the provisions of section 30.
<0 For marked disfigurement of the head or face resulting from an Injury
not above mentioned in the section, which will impair the future usefulness
or occupational opportunities of the injured employee, 50 per cent of the
average weekly wages during 60 weeks.
The weekly compensation payments referred to in this section shall all be
suhjcct to the same limitations as to maximums and minimums as set out in
section 30.
( u)
In construing the foregoing sect ion the permanent loss of the use of a
member shall be held equivalent to the loss of such member, and for the
permanent partial loss or loss of use of a member compensation may be pro
portionately awarded.
Ki’c. 33. Refusing employment.—If an injured employee refuses employment
procured for him suitable »o his capacity, he shall not be entitled to any
compensation at any time during the continuance of such refusal, unless in the
opinion of the industrial commission such refusal was justified.
Six. 34. Second injane*.—If an employee has a permanent disability or lias
sustained a permanent injury in service in the Army or Navy of the United
States or in another employment other than that in which he received a subse
quent permanent injury by accident, such as specified in section 32, he shall be
entitled to compensation only for the degree of incapacity which would have
resulted from the later accident if the earlier disability or injury had not
existed.
Skc. 35 (as amended 1024, ch. 31S). Xo double benefit a.— If an employee
received an injury for which compensation is payable, while he is still receiv
ing or entitled to compensation for a previous injury in the same employment,
he sh.jll not at the same time be entitled to compensation for both injuries,
bu< if he is, at the time of the second injury, receiving compensation uuder the
provisions of section 32, payments of compensation thereunder shall be sus
pended during the period compensation is paid on account of the second injury,
and after the termination of payments of compensation for the second injury,
payments on account of the first. injury shall be resumed and continued until
the entire amount originally i>warded has been paid. But if, at the time of
the second injury, he is receiving compensation under the provisions of section
31. then no compensation shall be payable on account of the first injury, during
the period he received compensation for the second injury.
►Sec. 30. Second injury in same employment.— If an employee receives a per
manent injury as specified in section 32, after having sustained another per
manent injury in the same employment, he shall be entitled to compensation
for both iujuries, 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 500 weeks.
"When the previous and subsequent permanent injuries received in the same
employment result in total disability, compensation shall be payable for per
manent total disability, but payments made for the previous injury shall be
deducted from the total payment of compensation due.
TEXT OP LAWS— VIRGINIA
521
Sec. 37.Injuries outside State.— (a) Where an accident happens while the
employee is employed elsewhere than in this Stale, which would entitle him or
his dependents to compensation if it had happened in this State, the employee
or his dependents shall be entitled to compensation, if the contract oC
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.
(7/) 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 pro
vided for in this act.
Skc. 38 (as amended 1920, ch. 176). Death from other cause.—When an em
ployee receives or is entitled to compensation under this act, for an injury
covered by section 32, and dies from any other cause than the injury for which
he was entitled to compensation, payment of the unpaid balance of compensa
tion shall be made to his statutory distributees, dependent upon him for sup
port, in lieu of the compensation the employee would have been entitled to had
he lived: Provided, however, That if the death is due to a cause that is com
pensable under this act and the dependents of such employee are awarded
compensation therefor, all right to unpaid compensation provided by this
section shall cease and determine.
Sec. 39 (as amended 1920, ch. 176; 1922, ch. 427; 1924, ch. 318). Death.—It
the death results from the accident within six years, the employer shall ptiy
or cause to be paid, subject, however, to the provisions of the other sections of
this act, in one of the methods hereinafter provided, to the dependent of the
employee wholly dependent upon his earnings for support at the time of acci
dent a weekly payment equal to 50 per cent of his average weekly wages, but
not more than $12 nor less than $6 a week for a period of 300 weeks from
the date of the injury and burial expenses not exceeding $100. If the employee
leave 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 beneiit of persons
wholly dependent, as the extent of partial dependency bears to total depend
ency. When weekly payments have been made to an injured employee before
his death, the compensation to dependents shall begin from the date of the
last of such payments, but shall not continue more than 300 weeks from the
date of the injury. If the employee does not leave dependent, citizens of nnd
residing at the time of the accident in the United States or Dominion of
Canada, the amount of compensation shall not in any case exceed $1,000.
S e c . 40 (as amended 1924, ch. 318). Dependents.—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 aban
doned at time of the accident.
(&)
A husband upon a wife with whom he lived at the time of her accidcnt
if he is then incapable of self-support and actually dependent upon her.
(o)
A boy under the age of 18 or a girl under the age of 18, upon a parent.
If a child is over the ages specified above, but: physically or men tally incapaci
tated 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 illegiti
mate children, hut shall not include married children; the term “ parent”
shall include step-parents and parents by adoption. In all other cases ques
tions of dependency in whole or in part shall be determined in accordance
with the facts as the facts may be at the lime of the accident; but no allow
ance shall be made for any payment made in lieu of board and lodging or
services, and no compensation shall be allowed unless the dependency exis ed
for a period of three months or more prior to the accident; if there is more
than one person wholly dependent, the death benelil shall be divided among
them; and persons partly dependent, if any, shall receive no pari, 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.
For the purpose of this act the dependence of a widow or widower of a
deceased employee shali terminate with legal or common law remarriage, and
522
w o r k m e n ' s c o m p e n s a t io n
law s—
UNITED
states
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 compensa
tion, and the dependence of a child, except a child physically or mentally in
capacitated from earning a livelihood, shall terminate with the attainment of
18 years of age, or upon earlier marriage of a female child.
S e c . 41 (as amended 1924, ch. 818). Burial expenses.—If the deceased em
ployee leaves no dependents, the employer shall pay the burial expenses of the
deceased, not to exceed $150.
S k c . A2 (as amended 1920, ch. 176). Maximum benefits.—The total compensa
tion payable under this act shall in no case exceed $4,500.
S e c . 43. Advance payments.—Any payments made by the employer to 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 made, may,
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 compensa
tion must be paid and not by reducing the amount of the weekly payment.
S e c . 44. Times of payments.—The industrial commission, upon application of
either party, may, in its discretion, having regard to the welfare of the em
ployee and the convenience of the employer, authorize compensation to be paid
monthly or quarterly instead of weekly.
S e c s . 45, 46 (both as amended 1922, ch. 425). Lump sums.— [When any
weekly payment has continued for not less than six weeks commutation may
be made to the value of future installments in unusual cases where the parties
agree and the industrial commission determines it to be for the best interest
of the employee or his dependents, or where it will prevent undue hardship on
the employer or insurance carrier without prejudicing the interests of the
beneficiaries. The commission may, in its discretion, at any time commute to
a lump sum in whole or in part payments to a minor permanently disabled,
either partially or wholly. Such lump sums may be paid to a suitable person
or corporation as trustee to be administered as provided by the commission.]
S e c . 47. Review of awards.— [On its own motion before a judicial deter
mination, or on the application of any party in interest, awards may be re
viewed on the ground of a change in conditions at any time.]
Sec. 48 (as amended 1920. ch. 176). Receipts.— (a) Whenever payment of
compensation is made to a widow 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 to any person 18 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 18 years shall be entitled to receive a sum
amountiug to not more than $300 as compensation for injuries, or as a dis
tributive share by virtue of this act. 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 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.
(r) Whenever any payment of over $300 is made to a minor under 18 years
of age. or to a dependent child over the age of .18 years, the same shall be
made to some suitable person or corporation appointed by the circuit, or cor
poration court or the judge thereof in vacation as a trustee, and the receipt
of such trustee shall acquit the employer.
(d)
Payment of death benefits by an employer in good faith to a dependent
subsequent in right to another or other dependents shall protect and discharge
the employer unless and until such dependent or dependents prior in right
shall have given him notice of his or their claim. In case the employer is in
doubt as to the respective rights of rival claimants, he may apply to the
industrial commission to decide between them.
Sec. 49. Incompetents.—If an injured employee is mentally incompetent or
is under 18 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.
Sec. 50. Limitations.—No lhnitation of time provided in this act for the
giving of notice or making claim under this act shall run against any person
TEXT OF LAWS— VIRGINIA
523
who is mentally incompetent, or a minor dependent, so long as he has no
guardian, trustee, or committee.
S e c . 3 1 . Joint employment.—Whenever any employee for whose injury or death
compensation is payable under this act shall at the time of the injury he
in the joint service of two or more employers subject to this act, such em
ployers shall contribute to the payment of such compensation in proportion
to their wage liability to such employee: Provided, however, That nothing in
this section shall prevent any reasonable arrangement between such employers
for a different distribution as between themselves of the ultimate burden of
compensation.
S e c s . 52, 53 (as amended 1920, ch. 176; 1924, ch. 318), 54, 55 (as amended
1920, ch. 176; 1924, ch. 318), 56. Industrial commission.— [An industrial com
mission of three members is to be appointed by the governor for terms of six
years, one term expiring each two years. Not more than one may be a repre
sentative of labor, and one of employers. Members may engage in no occupa
tion or business interfering with their duties. Salaries are $4,000 a year. A
secretary at $3,000 and such clerical and other assistants as are deemed neces
sary may be employed. Offices are to be maintained at the capitol, open for
business during regular business hours; sessions may be held at any place
within the State.
The commission and its deputies may subpoena witnesses, administer oaths,
and examine books and records; depositions may be taken within or without
the State. County or city officials serving subpoenas receive the same fees as
provided for civil action; so also witnesses’ fees and mileage. Blank forms
and literature deemed requisite are to be printed and furnished free of charge.
Accident reports are to be tabulated and published in annual reports of the
commission. Employers* reports are not to appear individually, not to be used
as evidence against any employer in any suit at law brought by an employee
for the recovery of damages.]
Secs. 57 (as amended 1920, ch. 176), 58-60, 61 (as amended 1922, ch. 425;
1924, ch. 318), 62, 63 (as amended 1924, ch. 318), 64, 65 (as amended 1924,
ch. 318), 66. Procedure.— [Agreements made by the parties after 10 days from
the date of an injury, or at any time in case of death, may be filed with the
commission, and if approved, the memorandum becomes enforceable by decree
of court; if not filed, such agreement is voidable by the employee or his
dependents.
If the parties fail to agree, or disagree as to the continuance of payments
under an approved agreement, either party may apply for a hearing by
the industrial commission. Proceedings are to be summary, and findings of
fact and rules of law must be filed with a record of the proceedings and a
copy of the award immediately sent to the parties. If application is made
for review within seven days from the date of an award, the full commis
sion, if the first hearing was not before the full commission, will review
the evidence or hear the parties at issue if deemed advisable and make an
award as above provided. Such award is conclusive and binding as to all
questions of fact. Appeals lie to the supreme court of appeals, as in equity
cases, but must be taken within 30 days. Such cases are placed upon the
privileged docket, to be hoard at the next ensuing term of court wherever
held. Appeals operate as a supersedeas, and payments of award will not be
required until questions at issue have been fully determined.
Certified copies of memoranda of agreement or awards not appealed from
or affirmed on appeal may be filed by any party in interest in the courts,
whereupon judgment in accordance therewith shall be rendered, with the same
effect as though rendered in a suit determined by the court.
If proceedings have been brought, prosecuted, or defended without reasonable
grounds, the whole cost may be assessed against the offending party.
The commission or a member may, on application or on its own motion,
appoint an impartial physician to make examinations and report, a fee of not
exceeding $10 to be allowed, unless in extraordinary cases. Fees and ex
penses of such physicians are to be paid by the State.
Attorneys’, medical, and hospital fees are subject to the approval of the
commission. Physicians may not collect fees until they have made the reports
to the commission required by it.
All questions not settled by agreement, with the approval of the commis
sion, must be determined by it, except as otherwise provided.]
1965°—26------ 34
524
w o r k m e n 's
COMPENSATION" LAWS— UNITED STATES
Sec. 67 (as amended 1024, ch. 318). Reports of accidents.— [Employers are
required to record all injuries to tlieir employees and report the same to the
commission within 10 days if causing an absence from work for more than 7
days. Supplemental reports must be made on termination of disability or in
60 days, with final report in the latter case. Reports are to state the facts in
volved as may be required by the commission; the commission's records of
such reports are not to be open to the public.]
S e c s . 68 (as amended 1920, ch. 170), 69 (as amended 1922, ch. 425: 1924,
ch. 318), 70-74, 75 (as amended 1920, ch. 176; 1924, ch. 318). Insurance.—
[Employers accepting the provisions of the act must insure aud keep insured
in some authorized corporation, association, organization, or the State in
surance fund, unless they furnish satisfactory proof to the industrial com
mission of financial ability to pay compensation as it may become due. In
the latter case the commission may require a deposit of security, indemnity,
or both. The State treasurer is to be the custodian of securities thus deposited,
and may receive a compensation of one-twentieth of 1 per cent of the amount
per annum. If the employer shows that he is a member of an association or
group of employers exchanging contracts of insurance through a medium
authorized by the department of any State, together with a sworn financial state
ment showing that the group of employers or association is in a solvent con
dition, this will be accepted as satisfactory proof of the employer's financial
ability to pay; but this provision is not to restrict or qualify the rights of
self-insurers.
Employers accepting the act must file notice of compliance with the in
surance commission annually, and also of cancellation of insurance immedi
ately on its occurrence. Neglect incurs a penalty of 10 cents for each em
ployee, not less than $1 nor more than $50 for each day of neglect until the
same ceases. The employer is also liable either for compensation or under
an action at law in case of injury to employees during the continuance of
such refusal or neglect. Self-insurers receive a certificate, revocable on at least
60 days’ notice and hearing, but a new certificate may be granted after revoca
tion upon employer’s petition.
Employers may enter into or continue in approved benefit or insurance
schemes providing a system of compensation in lieu of that established by the
act. At least equivalent benefits must be provided, and additional benefits
commensurate with any contributions required of employees. Such system
may be discontinued on notice and hearing for cause shown.
Policies must provide that notice, knowledge, and jurisdiction of the em
ployer apply to the insurer; that payments will be made promptly to the
person entitled to the same regardless of default of the insurer after injury
or default as to notice. They must be of approved form and will be deemed
to be made subject to the provisions of the act. This act does not apply to
policies of insurance against loss from explosion of boilers and flywheels or
other similar single catastrophe hazards.
Kates are to be fair, reasonable, and adequate, and risks of the same kind
and degree must be written at the same rate by the same carrier. The
approval of the commissioner of insurance is required as to rates provided
both in the basic and merit rating schedules. Carriers must report to the
commissioner of insurance who may inspect books and records for solvency
and adequacy of rates.
An administrative fund for paying salaries and expenses of the commission
is provided for by a tax on premiums of insurance carriers at the rate of 3*/i
per cent of the amount of such premium in lieu of all other taxes thereon.
Self-insurers pay an equivalent assessment. The commission may incur no
expenses or indebtedness chargeable against the maintenance fund in excess
of the premium tax payable for the period. Any excess of collections over
expenditures must be paid annually to the State rehabilitation fund.]
Sec. 76. Unconstitutionality.—If any section of the provisions of this act
be decided by 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.
S e c . 77. Appropriation.— [An initial appropriation is made to organize the
fund, the same to be repaid when and as a sum sufficient therefor is available.]
S e c . 78. Act in effect.— [The act became effective January 1,1919.]
WASHINGTON
REM INGTON'S COM PILED STATUTES
Workmen's compensation act
S e c t io n
7673. Civil suits abolished.— [The common law remedy for injuries
to employees is declared inconsistent with modern industrial conditions, eco
nomically unwise and uufnir. Workmen insured in extrahazardous employ
ments and their families and dependents are entitled to redress for industrial
injuries regardless of questions of fault, and the subject is withdrawn from
private controversies, every other remedy for proceedings being excluded except
as provided in this act.]
S e c . 7674. Extrahazardous employment s.—There is a hazard in all employ
ment, but certain employments have come to be, and to be recognized as being,
inherently constantly dangerous. This act is intended to apply to all such in
herently hazardous works and occupations, and it is the purpose to embrace
all of them, which are within the legislative jurisdiction of the State in the
following enumeration, and they are intended to be embraced within the term
“ extrahazardous” wherever used in this act. to wit: Factories, mills, aud
workshops where machinery is used; printing, electro>typing, photo-engraving
and stereotyping plants where machinery is used; foundries, blast furnaces,
mines, wells, gas works, water works, reduction works, breweries, elevators,
wharves, docks, dredges, smelters, powder works; laundries operated by
IK>wer, quarries, engineering works, logging, lumbering, and shipbuilding opera
tions; logging, 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; general warehouse and storage; transfer, drayage, and hauling;
warehousing and transfer; fruit warehouse and packing houses. If there he
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, deter
mined by the department hereinafter created, upon the basis of the relation
which the risk involved bears to the risks classified in section 7676.
The director of labor and industries through and by means of the division
of industrial insurance shall have power, after hearing had upon its own mo
tion, or upon the application of any party interested, to declare any occupation
or work to be extrahazardous and to be under this act. The director of labor
and industries shall fix the time and place of such hearing, and shall cause
notice thereof to be published once at least 10 days before the hearing in at
least one daily newspaper of general circulation, published and circulated in
each city of the first class in this State. No defect or inaccuracy in such notice
or in the publication thereof shall invalidate any order issued by the director
of labor and industries after hearing had. Any person affected shall have the
right to appear and be heard at any such hearing. Any order, finding, or
decision of the director of labor and industries made and entered under the
foregoing provisions of this act shall be subject to review by the courts within
the time and in the manner specified in section 7697 and not otherwise.
S e c . 76Y4a (added 1923, ch. 128). Peace officer*.— [The work of salaried peace
officers of the State and its.municipalities is declared extrahazardous, subject
to the provisions of this law. Premium payments are to be made from the
treasury of the State or municipality, rates to be fixed by the director of labor
and industries; but if other provision is made by law, charter, or ordinance,
officers affected will not be included under the act. Compensation will be
allowed only for injuries sustained in the course of employment as peace
xflicers.]
►
Sec . 7675. Definition*.—In the sense of this act words employed mean as here
.ited. to wit*. Factories mean undertaking in which the business of working
525
526
w o r k m e n ' s c o m p e n s a t io n
law s—
UNITED
states
at commodities is carried on with power-driven machinery, either in manu
facture, 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 making,
altering, repairing, printing, or ornamenting, finishing, or adapting for sale
or otherwise any article or part of article, machine, or thing, over which prem
ises, 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, warehouses, and
blinkers. Mine means any mine where coal, clay, ore, mineral, gypsum, or rock
is dug or mined underground. Quarry means an open cut from which coal
is mined, or clay, ore, mineral, gypsum, sand, gravel, or rock is cut or taken for
manufacturing, building, or construction purposes. Engineering work means
any work of construction, improvement, or alteration or repair of buildings,
structures, streets, highways, sewers, street railways, railroads, logging roads,
interurban railroads, harbors, docks, canals, electric, steam, or water-power
plants, telegraph and telephone plants and lines, electric light or power lines,
and includes any other works for the construction, alteration, or repair of
which machinery driven by mechanical power is used, except when otherwise
expressly stated. Employer means any person, body of persons, corporate or
otherwise, and the legal personal representatives of a deceased employer, all
while engaged in this State in any extrahazardous work or who contracts with
another to engage in extrahazardous work. Workman means every person in
this State, who is engaged in the employment of an employer coming under
this act whether by way of manual labor or otherwise, and whether upon the
premises or at the plant or, he being in the course of his employment, away
from the plant of his employer: Provided, lioicever, That if the injury to a
workman occurring away from the plant of his employer is due to the negli
gence or wrong of another not in tbe same employ, the injured workman, or if
death results 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 contribute only the deficiency, if any, between
the amount of recovery against such third person actually collected, and the
compensation provided or estimated by this act for such case. Any such cause
of action assigned to the State may be prosecuted, or compromised by the de
partment, in its discretion. Any compromise by the workman of any such
suit, which would leave a deficiency to be made good out of the accident fund,
may be made only with the written approval of the department.
Any individual employer or any member or officer of any corporate employer
who shall be carried upon the pay roll at a salary or wage not less than the
average salary or wage named in such pay roll and who shall be injured, shall
be entitled to the benefit of this act as and under the same circumstances 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 director of labor and industries
prior to the date of the injury has received notice in writing of the
fact that such employer is being carried upon the pay roll prior to the
date of the injury as the result of which claims for compensation are made.
Dependent means any of the following-named relatives of a workman whose
death results from any injury and who leaves surviving no widow, widower,
or child under the age of 16 years, viz: Invalid child over the age of 18 years,
daughter between 16 and 18 years of age, father, mother, grandfather, grand
mother, stepfather, stepmother, grandson, granddaughter, brother, sister, halfsister, half brother, niece, nephew, who at the time of the accident are depend
ent in whole or in part for their support upon the earnings of the workman.
Except where otherwise provided by treaty, aliens other than father qt mother,
not residing within the United States at the time of the accident, are not in
cluded. Beneficiary means a 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 stepchild, a child
527
TEXT OF LAWS— WASHINGTON
legally adopted prior to tbe injury, and an illegitimate child legitimated prior
to the injury. The word 44injury ” or 44injured ” as used in this act refers only
to an injury resulting from some fortuitous event as distinguished from the
contraction of disease. The term “educational standard” shall mean such
standards as the supervisor of safety shall make for the purpose of educating
and training both employer and workmen in the appreciation and avoidance
of danger, and in the maintenance and proper use of safe place and safety
device standards.
S e c . 7676 (as amended 1923, ch. 136). Premium rates.—Inasmuch as in
dustry should bear the greater portion of the burden of the cost of its ac
cidents, each employer shall, prior to January 15, May 15, and September 15 of
each year, pay into the State treasury for the accident fund a sum equal to
a percentage of his total pay roll for the preceding four calendar months, and
for the medical aid fund a certain number of cents for each day worked by
workmen in extrahazardous employment during the preceding four calendar
months, in accordance with the following schedule, to wit: (The same being
deemed the most accurate method of equitable distribution of burden in pro
portion to relative hazard) : Provided, That an adjustment shall be made in
each class of the accident fund having an average rate of 1 per cent or more
by the director of labor and industries through and by means of tlie division
of industrial insurance 30 days prior to such four months' call, and the amount
of such call, together with the amount of the estimated balance in the accident
fund of such class at the time of the call, shall not exceed one hundred and
twenty-five per cent of the estimated amount required to carry such class for
the succeeding four months based on the previous five years* experience of
such class, but there may be added the amount of the estimated deficit, if any,
in the accident fund of such class at the time of such call.
C la s s
1-1
1-2
1 -3
1 -4
1 -5
1-6
1 -7
1-8
2-1
In d u stry
Ditches and canals (not otherwise specified)............................................
Excavations (not otherwise specified)...................................... ..............
Pipe laying (not otherwise specified).......................................................
Grading (not otherwise specified).............................................................
Diking......................................................................................................
Drilling wells..........................................................................................
Shaft sinking (not otherwise specified)............................ -.......................
Digging wells............................................................................................
Sewers (including all operations incidental to sewer construction; pipe
laying, back filling, etc.).......................................................................
Side sewers...............................................................................................
Conduit constniction.............................................................................. .
Waier main construction (includes all operations incidental to water main
construction; back filling, pipe laying, etc.)............................................
Tunnel work in connection with sewer and water main construction........ .
Trenches, ditches, excavations where depth is greater than width..............
Tunnels (not otherwise specified) (includes lining of tunnels)...................
(Includes all labor in connection with and incidental to tunnel construc
tion.)
Tunnels, railroad (includes lining of tunnels)...........................................
Land clearing (includes clearing by all methods).................................... .
Clearing rights of way for roads and railroads......................................... .
Clearing rights of way (not otherwise specified).......................................
Grubbing stumps (includes grubbing stumps by all methods)...................
Railroad construction (not otherwise specified)...................................... .
(Excludes all bridge and trestle work.)
Railroad grading..................................................................................... .
B r i d g e s a n d b r i d g e w o r k .................................................................................................
S t e e l b r i d g e s . . ........................................................................................................................
C o n c r e t e b r i d g e s ....................................................................................................................
W o o d e n b r i d g e s .....................................................................................................................
C o n c r e t e o r o t h e r t y p e s o f c u l v e r t s w i t h s p a n g r e a t e r t h a n 12 f e e t .
B r i d g e f o u n d a t i o n s ..............................................................................................................
S u b a q u e o u s w o r k .................................................................................................................
T r e s t l e s , f r a m e d o r p i l e .....................................................................................................
W h a r f a n d p i e r c o n s t r u c t i o n .........................................................................................
P i l e d r i v i n g ................................................................................................................................
B u l k h e a d c o n s t r u c t i o n ......................................................................................................
B r e a k w a t e r s a n d j e t t i e s ....................................................................................................
M a r i n e r a i l w a y s .....................................................................................................................
In du s
tr ia l in
su ran ce
ra te , p er
con t o f
p a y r o ll
M e d ic a l
a id ra te *
cen ts p er
day
2
2
2
2
2
2
4
4
3
3
3
3
3
2
3
3
3
3
3
3
3
3
3
3
3
2
H
3
3
3
2
2M
3
3
3
3
3
3
2K
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
4
•3
3
3
3
H
528
w o r k m e n ' s COMPENSATION LAWS— UNITED STATES
Industry
C la s s
6-1
6-2
6-8
6-4
6-6
6-7
6-8
6-9
6-10
Window washing (excludes domestic servants regularly employed for
other purposes)................................................................................................. .
Washing or cleaning buildings.......................................................................... .
Brick work............................................................................................................ .
Stone work............................................................................................................ .
Marble, tile, terra cotta...................................................................................... .
Chimneys (brick).................................................................................................
Slate work............................................................................................................ .
Plumbing............................................................ ...................................................
Installation of heating and ventilation systems..............................................
Furances (installation in buildings)..................................................................
Painting..................................................................................................................
Sign painting........................................................................................................ .
Frescoing............................................................................................................... .
Kalsomining......................................................................................................... .
Carpenter work (not otherwise specified)........................................................
llot-house building............................................................................................. .
Wooden stair building........................................................................................ .
Lathing.
Grain elevators (wood)........................................................................................
House wrecking and moving store or bank fixtures (installation)...............
Advertising signs (wood)........................................................... ........................
Elevators, freight or passenger (installation)..................................................
Ornamental metal work..................................................................................... .
Glass setting (not otherwise specified).............................................................
Galvanized iron and tin work............................................................................
Fireproof doors and shutters...............................................................................
Demolishing structures.......................................................................................
Safes and vaults (installation)............................................. .............................
Concrote construction (not otherwise specified).............................................
Concrete culverts (less than 12 ft. span)...........................................................
Concrete, plain or reinforced (not otherwise siKvified).................................
Concrete floors and foundations.............................. ..........................................
Chimneys (concrete)............................................................................................
Erection and tearing down of forms in conneclion with concrete work....
Plastering...............................................................................................................
Paper hanging.......................................................................................................
Moor compositions (hot or cold)...................................................................... .
Mantel setting.......................................................................................................
Tile setting in floors.............................................................................................
Iron and steel structures (not otherwise specified).........................................
Tanks, wood or metal (erection).......................................................................
Chimneys, metal (erection)............................................................................... .
Windmi'ls, woodormeial (erection)............................................................... .
Fire escapes.......................................................................................................... .
Hardwood floors (laying).................................................................................. .
General construction (includes all operations by f?nioor:iry employers in
building const! uclion)......................................................................................
e-i
Electric apparatus (installation in bufldinpO...........
Electric wiring (inside)..................................................
Automatic sprinklers (instillation).............................
Conduit work (excludes construction of conduit)....
fr-2
Electric railway construction.......................................
Street railway construction (including cable) (e\cludcs grading
Fire-olarm systems (insinuation)................................
and bridge work) —
0-3
6-4
...............................................
Telegraph and telephone construction........................
Transmission lines (construction)................................
Installation of machinery (not otherwise specified)..
Dynamo installation......................... ...........................
Covering steam pipes and boilers ..............................
Gas engines (installation)..............................................
Boilers and engines, steam (instillation)....................
Belts, pulleys, shafting (installation)......................... .
Dismantling machiucry.................................................
Junk dealers.....................................................................
Street and highway paving (construction).........................
Asphalt paving.............................................................
Brick paving.............................................................................
Block paving (wood, stone)...................................................
Concrete paving........................................................................
Bituminous pavements (all typos).......................................
Asphalt mixing..........................................................................
Concrete sidewalks...................................................................
Plank sidewalks............................................................. .......
Road and highway pavements (not otherwise specified).
Plank road and street construction......................................
8-2 Road and street grading..........................................................
8 -1
In d u s
t r ia l in
su ra n ce
ra te, p e r
cen t o f
p a y r o ll
3
3
1%
%
%
H
2
2
2
2
H
M e d ic a l
a id r a te ,
cen ts per
day
3
3
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
529
TEXT OF LAWS— WASHINGTON
Class
8-3
8-4
9-1
9-2
9-3
9-1
Industry
Indus
trial in Medical
surance aid rate,
rate, per cents per
cent of
day
pay roll
Road and street maintenance...........................................................................
Road and street employees................................................................................
Irrigation ditches (maintenance)......................................................................
Ditches (not otherwise specified) (maintenance)..........................................
Engineers aud surveyors (includes city, county, or State engineers en
gaged iu field work).........................................................................................
Gravel bunkers (operation)...............................................................................
Sand bunkers (operation)..................................................................................
Ship or boat building (steel hulls)....................................................................
Repair work on steel v«.»ssels (includes till operations incidental to this
industry within shipyard)......... .....................................................................
Ship or boat building (wooden hulls)...............................................................
Repair work on wooden vessels (includes all operations incidental to this
industry within shipyard)...............................................................................
Ship or boat building (concrete hulls)..............................................................
Repair work on concrete vessels (includes all operations within shipyard).
Steamboats, tugs, femes (operat ion)................................................................
10-2
Sawmills.................................................................................................................
Planing mills (independent)...............................................................................
Planing mills (not otherwise specified).............................................................
Lath mills...............................................................................................................
Spars (with or without machinery)..................................................................
10-3 Shingle mills..........................................................................................................
10-0 Creosote works......................................................................................................
Pile-treating works..............................................................................................
10-7 Lumber inspectors................................................................................................
s
m
3
3
3
3
3
3
3
3
3
3
1
1H
l| i
1 12
i«
\%A
2
2
lH
2
2
2
2
2
2
2
2
2
m
1X
11-2
Team and truck driving (includes all warehouses operated by transfer
companies)..........................................................................................................
Retail lumber yards.............................................................................................
Retail fuel yards (includes wood saws and all employees in fuel yards)...
1
1
1
12-1
Dredging (operation)............................................................................................
2
i'A
m
m
2
2
11-1
Electric light and power plants (operation)....................................................
Electric systems (not otherwise specified).......................................................
(Includes tenders of electrically-operated bridges.)
13-2 Steam heat aud power plants...................................... ......................................
13-3 Telephone and telegraph (operation and maintenance) (excludes tele
phone and telegraph operators)......................................................................
2
2
3
2
14-1 Street railways (operation)................................. ........... ..................................
14-2 Interurban railways (operation)....................................................................... .
14-3 Steam railroad operations (excludes logging railroads)..................................
2}£
13-1
16-1
Coal mines (includes shaft sinking and till tunneling in connection with
coal mines)........................................................................................................ .
Coke ovens (operation) (excludes office force only)...................................... .
17-1 Gravel pits.............................................................................................................
17-2 Mines (otfier than coal) (includes all shaft sinking and tunneling iu con
nection with mines other than coal)..............................................................
Ore reduction (by wet or dry process at the mine)........................................
17-3 Quarries...................................................................................................................
Stone cutting (quarry hazard)...........................................................................
17-4 Stone crushing.......................................................................................................
18-1 Blast furnaces (operation)............................. ........................................ ..........
Rolling mills (operation).....................................................................................
Steel and iron making..........................................................................................
Open-hearth furnaces (operation)......................................................................
18-2 Smelters (operation).............................................................................................
Copper, lead, zinc, etc., smelting......................................................................
19-1
»
8
4
3
V/i
2H'
3
3
3
3
3
2Hi
2^:
3
1
1H!
1/4;
ik .
mVi;
Gas works (operation) (excludes motor (meter) readers, complaint men,
solicitors, and storeroom employees).............................................................
21-1
Chop, feed, and flour mills (operation).....................
Seed cleaning..................................................................
21-2 Grain warehouse and elevators (operation).............
21-3 General warehouse and storage (Gyration).............
(Excludes operations in connection with class 11.)
21-4 Fruit warehouses...........................................................
X
l
1
l
l
Waterworks (operation).
i
214
2X
2X
*X
in
2
2
1X
iX
u i
X
x
Laundries (operation). . .
Dye works and cleaners.
23-1
2 j|
ix
IX
IX
iH
530
WORKMEN*S COMPENSATION LAWS— UNITED STATES
Industry
Class
24-1
29-1
29-2
8 1-1
31-2
31-3
Paper mills (operation).
Pulp mills (operation)..
Staves, barrel (manufacturing).
Barrels, kegs, pails (manufacturing).
Sash, door, blinds, etc...............................................................
Planing mill (in connection with sash and door factory)...........
Glazing and beveling glass (in connection with sash and door).
Excelsior (manufacturing)........................................................
Veneering (manufacturing).......................................................
Cabinet works...........................................................................
Furniture (manufacturing).
Boxes and packing cases (manufacturing)
Wooden and liber ware (manufacturing)..
Woodworking (not otherwise specified)
Kindling wood.........................................
Wood pipe (maufacturing).......................
Pattern shops (independent)................... .
Building material (manufacturing) (not otherwise specfied)........ .
Concrete blocks and tiles (independent of concrcle construction)..
Cement staves (independent of concrete construction)................ .
Lime (manufacturing)...................................................................
Paint (manufacturing)................................................................. .
Cement (manufacturing)............................................................. .
Stone handling and cutting (net quarry hazard)...........................
Paving blocks (cutting).................................................................
33-1
33-2
Fish canneries (operation).....................
Fish oil (manufacturing).......................
Fish products (not otherwise specified).
84-1
Auto repair shops (operation)................
Auto garages (operation).......................
Vulcanizing tires and tubes...................
Automobile painting.............................
Machine shops (operation).
Blacksmith snops (operat’
Boiler works (operation)..
Foundries (operation)......................................... ..........
Woodworking (incidental to car and machine huiMiug).
Welding (not otherwise specified)......... .........................
Metal working trades (not otherwise siwcifled).............
Sheet metal (manufacturing)................................. .......
Metal stamping.............................................................
Tin stamping.................................................................
Hardware (manufacturing)............................................
Oalvanized iron works...................................................
Airplane pilots and instructors.......................................
84-2
84-4
84-5
85-1
35-2
85-3
37-1
37-2
Brick and tile (manufacturing)......................................
Earthenware (manufacturing).......................................
Porcelain (manufacturing).............................................
Fireclay (manufacturing)...............................................
Terracotta.....................................................................
Pottery (manufacturing)................................................
Briquettes (manufacturing)............................................
Peat fuel (manufacturing)..............................................
Charcoal (manufacturing)..............................................
Glass (manufacturing)....................................................
Alcohol, ammonia, nitrogen, oxygen (manufacturing).
Bottling works (operation).........................................
Breweries (operation)...... ...........................................
Brooms and brushes (manufacturing).........................
Textile (manufacturing)..............................................
Wool (working in).......................................................
Cloth (working in)......................................................
38-3 Cordage (manufacturing)............................................
38-4 Leather (working in)...................................................
Rubber (working in)...................................................
Vulcanizing (excludes work in garages).......................
Asbestos products (manufacturing).............................
88-5 Paper products (manufacturing).................................
38-1
38-2
Indus
trial in- ! Medical
surance j aid rate,
rate, per; cents per
cent of ; day
payroll i
531
TEXT OF LAWS— WASHINGTON
Class
Industry
pay roll
39-1
39-2
Bakeries, candy and crackers (manufacturing).........................................
Foodstuffs (not otherwise specified)........................................................ .
Fruits and vegetables (working in) (includes canning, preserving, pick-
Medical
aid rate,
eonts per
<ky
H
Oils (working in edible oils)....................___________ I_I.I_I.I_I.
Sugar refineries (operation)..................................................................... .
40-1
40-2
Condensed milk (operation).....................................................................
Creameries (operation).............................................................................
Ice cream (manufacturing)........................................................................
Cheese making........................................................................................ .
41-1
Electrotyping...........................................................................................
Photo-engraving......................................................................................
Lithographing..........................................................................................
Printing......................... ............. .................................. .........................
Linotype (includes all employees in room with machinery and shafting).
Jewelry manufacturing............................................................................
Jewelry engraving....................................................................................
41-2
41-3
42-1
Wharf operations......................................................................................
Longshoring..............................................................................................
43-1
Packing houses (operation)........... ..........................................................
Sausage making.......................................................................................
Slaughtering.............................................................................................
Soap and tallow making...........................................................................
Lard making............................................................................................
Fertilizer manufacturing..........................................................................
Stock yards (operation)............................................................................
Tanneries (operation)...............................................................................
Garbage works (operation).......................................................................
Incinerators (operation)...........................................................................
43-2
44-1
44-2
Cold storage (operation)...........................................................................
Artificial ice, manufacturing and delivery................................................
Natural icc, producing and handling.......................................................
45-1
Theater stage employees...........................................................................
Moving-picture operators.........................................................................
46-1
Powder works (manufacturing)................................................................
Fireworks (manufacturing)......................................................................
Elective adoption for nonhazardous industries.........................................
50-1
50-2
Logging (includes all operations in connection with and incidental to log
ging) ......................................................................................................
Logging railroad operations......................................................................
Logging railroad grading........................................................ ..................
Logging railroad construction (includes bridge and trestle work on logging
railroads)...............................................................................................
Cutting wood and bolts...........................................................................
Booming and driving logs (not otherwise specified).................................
Tie cutting.................................................. ............................................
Booming logs (this subclass exclusively for independent boom companies.
All booming and driving done by logging companies must he classified
as 50-1)..............................................................................................
S*
3
I H \
The application of this act as between employers and workmen shall date
from and include the 1st day of July, 3923: Provided, That this section shall
not be effective until the 1st day of September, 3923. Every employer who
shall enter into business at any intermediate day, or who shall resume opera
tions in any work or plant after the final adjustment of his pay roll in connec
tion therewith, shall, before so commencing or resuming operations, as the case
may be, notify the director of labor and industries of such fact, accompanying
such notification with an estimate of his pay roll for the first four months of
his proposed operations, and shall make payment of the premium on such esti
mated pay roll. Every such employer shall be liable for a premium of at least
$1 irrespective of the amount of his pay roll.
532
w o r k m e n ’ s c o m p e n s a t io n
law s—
UNITED
states
Every employer williin the provisions of this act shall on or before the 15th
day of January, the 15tli day of May, and the 35th 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 employ
ment in the different classes provided in this act, and shall pay his premiums
thereon to the accident fund and medical aid fund. The sufficiency of such
statement shall be subject to the approval of the director of labor and industries.
Every employer shall keep at his place of business a record of his employ
ment from which the above information may be obtained and such record shall
at all times be open to the inspection of the director of labor and industries,
supervisor of industrial insurance, or the traveling auditors, agents, or assist
ants of the department, as provided in section 7090 of Remington's Compiled
Statutes of Washington.
In all cases where partners or other persons are excluded on the pay roll such
statement shall state both the names and occupations of the parties excluded
and no such persons shall be entitled to compensation unless notice in writing
that such excluded person has been included is received by the department
prior to the date of injury to such person. Such employer shall at the time of
reporting his pay roll also slate the names and addresses of any contractor or
subcontractor operating for or under him.
Every person, firm, or corporation who shall fail to keep such record or fail to
make such report in the manner and at the time herein provided shall be subject
to a penalty of $100 for each such offense, to be collected by civil action in the
name of the State and paid into the accident fund.
Every employer who shall fail to furnish an estimated pay roll and make
payments as above provided shall be liable to a penalty of not to exceed $500
and shall also be liable if an accident has been sustained by an employee prior
to the time such estimate is received by the department, to a penalty in a sum
equal to 50 per cent of the cost to the accident fund and medical aid fund of
such accident, to be collected in a civil action in the name of the State, and paid
into the accident fund. In case the consequent payment to the injured work
man, his dependents or beneficiaries, be payable in monthly payments, the cost
to the accident fund shall be estimated in accordance with the rule stated in
section 7081 of Remington's Compiled Statutes of Washington. The director
of labor and industries may waive the whole or any part of any penalty charged
under this act.
Any employer who shall misrepresent to the department the amount of his
pay roll or the number of days upon which the premium under this act is based
shall be liable to the State in ten times the amount of the difference in premium
paid and the amount the employer should have paid, and shall also be guilty
of a misdemeanor if such misrepresentation shall be made knowingly. Civil
penalties to the State under this act shall be collected by civil action in the
name of the State and paid into the accident fund.
Any person, firm, or corporation who not having previously reported to the
department shall establish any new plant or works, or enter upon the perform
ance of any new building contract or constructiou contract, and who shall
fail to send written notice thereof to the department within five days after such
establishing or entering shall be guilty of a misdemeanor.
For the purpose of such payments into the accident fund accounts shall
be kept with each industry in accordance with the classification herein pro
vided. 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. The fund thereby created
shall be termed the “ accident fund,” which shall be devoted to the purpose
specified for it in this act.
The medical-aid fund created in section 7713 of Remington's Compiled Stat
utes of Washington shall not be kept by classes, and all payments shall be
made from the one fund; but accounts shall be kept with each class and sub
class of industry in accordance with the classification herein provided for the
purpose of computing the medical-aid cost experience of such classes and sub
classes and determining the correctness of the medical-aid rates charged such
classes and subclasses.
In that the intent is that the accident fund created under this section shall
ultimately become neither more nor less than self-supporting, exclusive of the
expense of administration, the rates named in this section are subject to future
TEXT OF LAWS— WASHINGTON
533
adjustment by the director of labor and industries, in accordance with any
relative increase or decrease in hazard shown by experience, and if in the
adjustment by the director of labor and industries the moneys paid into the
fund of any class or clashes shall be insufficient to properly and safely distribute
the burden of accidents occurring therein the department may divide, rearrange,
or consolidate such class or classes, making such adjustment or transfer of
funds as it may deem proper.
It shall be unlawful for the employer to deduct or obtain any part of the
premium required by this section to be by him paid into the accident fund
from the wages or earnings of his workmen or any of them, and (ho nuking
or attempting to make any such deduction shall be a gross misdemeanor.
The director of labor and industries shall make corrections of classifications
as between classes of industries if and as experience shall show error or in
accuracy therein. From the origiual classification or premium rating or
any change made therein any employer claiming to be aggrieved may upon
application have a hearing before the joint board created by the adminis
trative code upon notice to the interested parties and in the manner provided
in section 701)7 of Remington’s Compiled Statutes of Washington, a review by
the courts.
If a single establishment or work comprises several occupations listed in
this section in different risk classes, the premium shall be computed according
to the pay roll of each occupation, or in the discretion of the director of labor
and industries a single rate of premium may be charged for the entire estab
lishment based upon the rate of premium of the occupation reporting the
largest pay roll. In computing the pay roll the entire compensation received by
every workman employed in extra-hazardous employment shall be included,
whether it be in the form of salary, wage, piecework, overtime, or any allow
ance in the. way of profit sharing, premium, or otherwise, and whether payable
in money, board, or otherwise.
The director of labor and industries shall have power to authorize any em
ployee of the department who is an attorney admitted to practice law' in the
State of Washington to appear for the department in any action instituted for
the purpose of collecting industrial iusurance premiums.
S e c . 7677. [Repealed.]
Sec. 7678. [Repealed.]
Sec. 7670 (as amended 1923, eh. 136). Schedule.—Each workman 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 employer, or his fa m ily or de
pendents in case o f death o f the workman, shall receive out o f the accident
fund compensation In accordance with the following schedule, and. except as in
this act otherwise provided, such payment shall be in lieu of any and all rights
of action whatsoever agaiust any person whomsoever.
(<i) Where death results from the injury the expenses of burial not to
exceed $100 in any case where the deceased was an unmarried man. or $150
in any case where the deceased left a widow or an orphan child cm* children,
shall be paid to the undertaker conducting the funeral: Provided, Thai no
sum shall be paid au undertaker for the burial expenses where the deceased
left a w idow or an orphan child or children unless the undertaker shall make
ai?d file with the department an affidavit that no part of the burial expenses
have been either directly or indirectly paid by or charged to the widow or
orphan child or children.
(1) If the workman leaves a widow or invalid widower a monthly payment
of $35 shall be made throughout the life of the surviving spouse, to cease at
the end of the month in which remarriage shall occur, and the surviving spouse
shall also receive per month for each child of the deceased under the age of
16 years at the time any monthly paymeut is due the following payments:
For the youngest, or only child $12.50, for the next or second youngest child
$7.50, and for each additional child $5: Provided, That, in addition to the
monthly payments above provided for, a surviving widow of any such
deceased workman shall be forthwith paid the sum of $250.
TJpon remarriage of a widow she shall receive once and for all a lump sum of
$240, but the monthly payment 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 16 years, a monthly payment of $25 shall be made to each such child
until such child shall reach the age of 16 years, but the total monthly payment
shall not exceed $75, and any deficit shall be deducted proportionately among
the beneficiaries.
534
w orkm en ’s
COMPENSATION LAWS— UNITED
states
(3) If tlie workman leaves no widow, widower, or child under the age of 16
years, but leaves a dependent or dependents, a monthly payment shall be made
to each dependent equal to 50 per cent of the average monthly support actually
received by such dependent from the workman during the 12 months next pre
ceding the occurrence of the injury, but the total payment to all dependents
in any case shall not exceed $20 per month. If any dependent is under tlie age
of 10 years at the time of the occurrence of the injury, the i>ayment to such
dependent shall cease when such dependent shall reach the age of 16 years.
The payment to any dependent shall cease if and when, under the same circum
stances, the necessity creating the dependency would have ceased if the injury
had not happened.
If the workman is under the age of 21 years and unmarried at the time of
his death, the parents or parent of the workman shall receive $20 per month
for each month after his death until the time at which he would have arrived
at the age of 21 years.
(4) In the event a surviving spouse receiving monthly payment shall die
leaving a child or children under the age of 16 years, such child or children
shall receive each the sum of $25 per month until arriving at the age of 16 years,
but. the total monthly payment shall not exceed $75, and any deiicit shall be
deducted proportionately among the beneficiaries.
( b) Permanent total disability means the loss of both legs or arms, or one
leg and one arm, total loss of eyesight, paralysis, or other condition perma
nently incapacitating the workman from performing any work at any gainful
occupation.
When permanent total disability results from the injury, the workman shall
receive monthly during the period of such disability:
(1) If unmarried at the time of the injury, the sum of $35.
(2) If the workman have a wife or invalid husband, but no child under the
age of 16 years, the sum of $40.
If the husband is not an invalid, the monthly payment of $40 shall be reduced
to $20 as long as they are living together as husband and wife.
(3) If tlie workman have a wife or husband and a child or children under
the age of 16 years, or, being a widow or widower, having any such child or
children, the monthly payment provided in the preceding paragraph shall be
increased by $12.50 for the youngest or only child, $7.50 for the next or second
youngest child, and $5 for each additional child under the age of 16 years.
(4) In case of total permanent disability, if the character of the injury is
such as to render the workman so physically helpless as to require tlie services
of a constant attendant, the monthly payment to such workman shall be in
creased $25 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 pursuant to any of the provisions of sections 7712 to 7725, inclusive,
of Remington's Compiled Statutes.
(c) If the injured workman die during the period of permanent total disa
bility, whatever the cause of death, leaving a widow, invalid widower, or child
under the age of 16 years, the surviving widow or invalid widower shall receive
$35 per month until death or remarriage, to be increased per month for each
child of the deceased under the age of 16 years at the time any monthly pay
ment is due, as follows: For the youngest or only child $12.50, for the next or
second youngest child $7.50, and for each additional child $5; but if such child
is or shall be without father or mother, such child shall receive $25 per month
until arriving at the age of 16 years. Upon remarriage the payments on ac
count 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) (I) When the total disability is only temporary, the schedule of pay
ments contained in paragraphs (1), (2), and (3) of the foregoing subdivision
(h) shall apply, so long as the total disability shall continue, (2) but if the
injured workman have 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 16 years, the compensation 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 w it: Injured workman whose husband is not
an invalid, $22.50; injured workman having one child, whose husband is not an
invalid, $30; injured workman having two children, whose husband is not an
invalid, $37.50; injured workman having three children, whose husband is not
an invalid, $45; injured workman having four or more children, whose hus
TEXT OF LAWS— WASHINGTON
535
band is not an invalid, $52.50; injured workman with wife or invalid husband
and no child, $42.50; injured workman with a wife or invalid husband and one
child, or being a widow or widower and having one child, $52.50; injured work
man with a wife or invalid husband and two children, or being a widow or
widower and having two children, $60, and $5 for each additional child.
(3) If such temporary total disability shall endure longer than said six
months’ period, the schedule of compensation contained in paragraphs (1), (2),
and (3) of the foregoing subdivision (b) shall at the end of said six months’
period again obtain.
(4) As soon as recovery is so complete that the present earning power of
the workman at any kind of work is restored to that existing at the time of the
occurrence of the injury, the payments shall cease. If and so long as the pres
ent earning power is only partially restored, the payments shall continue in the
proportion which the new earning power shall bear to the old. No compensa
tion shall be payable out of the accident fund unless the loss of earning power
shall exceed 5 per cent.
(e) There is hereby created in the office of the State treasurer a fund to be
known and designated as the reserve fund, out of which shall be made the
payments specified in this section for all cases of death or permanent total
disability, including future payments to be made for the cases of that char
acter 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 per
manent total disability hereafter arising it shall be the duty of the depart
ment to make transfer on their books from the accident fund of the proper
class to the reserve fund a sum of money for that case equal to the estimated
present cash value of the monthly payments provided for it, to be calculated
upon the basis 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 insurance commissioner and by him
furnished to the State treasurer, calculated upon standard mortality tables
with an interest assumption of 4 per cent per annum.
The department shall notify the State treasurer from time to time of such
transfers as a whole, and the State treasurer shall invest the reserve in either
State capitol building bonds issued to take up capitol building warrants now
outstanding, or in the class of securities provided by law for the investment of
the permanent school fund, and the interest or other earnings of the reserve
fund shall become a part of the reserve fund itself. The department shall, on
October 1 of each year, apportion the interest or other earnings of the reserve
fund as certified to it by the State treasurer, to the various class reserve
funds according to the average class balance for the preceding year. As soon
as possible after October I of each year, beginning in the year 1918, the State
insurance commissioner shall expert the reserve fund of all classes to ascer
tain their standing as of October 1 of that year, and the relation of all out
standing 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 examina
tion to the department and to the State treasurer in writing not later than
December 31. If the report shows that there was on said October 1 in the
reserve fund of all classes in cash or at interest a greater sum than the annuity
value of the outstanding pension obligations, the surplus shall be forthwith
turned over to the accident fund of all classes, such return to be made on a
proportionate basis according to the percentage of annuity deposits paid by
each of said classes to said fund; but if the report show the contrary condi
tion of said reserve, the deficiency shall be forthwith made good out of the
accident funds of all of said classes proportioned on a basis according to the
percentage of annuity deposits paid by each of said classes to said fund. The
State treasurer shall keep accurate account of the reserve fund and the invest
ment and earnings thereof, to the end that the total reserve fund shall at all
times, as near as may be, be properly and fully invested, and to meet current
demands for pension or lump-sum payments may, if necessary, make temporary
loans to the reserve fund out of the accident funds for that class, repaying
same from the earnings of that reserve fund or from collections of its invest
ments, or, if necessary, sales of the same.
(f) Permanent partial disability means the loss of either one foot, one leg,
oue hand, one arm, one eye, one or more fingers, one or more toes, any dis
location where ligaments were severed where repair is not complete, or any
536
w o k k m e n ' s c o m p e n s a t io n
law s—
UNITED STATES
other injury known in surgery to be permanent partial disability. For the per
manent partial disabilities here specifically described the injured workman
shall receive compensation as follows:
Specific major permanent partial disability injuries
Loss of one leg amputated so near the hip that an artificial limb can
not be worn---------------------------------------------------------------------------------$2,400
Loss of one leg at or above the knee so that an artificial limb can
not be worn--------------------------------------------------------------------------------- 2.280
Loss of one leg below the knee-------------------------------------------------------1,500
Loss of the major arm at or above the elbow----------------------------------2,280
Loss of the major hand at wrist------------------------------------------------------ 1.920
Loss of one eye by enucleation-------------------------------------------------------1.440
Loss of sight of one eye------------------------------------------------------------------ 1.080
Complete loss of hearing in both ears------------------------------------------------ 2,280
000
Complete loss of hearing in one ear_________________________________
Specific minor permanent partial disability injuries
Loss of one thigh at upper third_____________________________________
Loss of one thigh at lower third____________________________________
Loss of one leg at lower third---------------------------------------------------------Loss of foot at the ankle----------------------------------------------------------------Loss of great toe with metatarsal bone thereof______________________
Loss of great toe at the proximal joint---------------------------------------------Loss of great toe at the second joint------------------------------------------------Loss of one other toe other than the great toe with metatarsal bone
thereof__________________________________________________________
Loss of second toe at proximal joint------------------------------------------------Loss of third toe at proximal joint---------------------------------------------------Loss of fourth toe at proximal joint----------------------------------------------Loss of fifth toe at proximal joint_________________________________
Loss of metatarsal bone on toe oilier than great toe_________________
Loss of fore-arm at upper third___________________________________
Loss of fore-arm at lower third------------------------------------------------------Loss of thumb with metacarpal bone thereof________________________
Loss of thumb at proximal joint------------------------------------------------------Loss of thumb at second joint______________________________________
Loss of index or first finger at proximal joint_______________________
Loss of index or first finger at second joint_________________________
Loss of index or first finger at distal joint----------------------------------------Loss of middle or second finger at proximal joint___________________
Loss of middle or second finger at second joint----------------------------------Loss of middle or second finger at distal joint----------------------------------Loss of ring or third finger at proximal joint_______________________
Loss of ring or third finger at second joint---------------------------------------Loss of ring or third finger at distal joint----------------------------------------Loss of little or fourth finger at proximal joint______________________
Loss of little or fourth finger at second joint_________________________
Loss of little or fourth finger at distal joint------------------------------------- Loss of metacarpal bone in finger, except thumb-------------------------------Broken arch in foot----------------------------------------------------------------------- Ankylosed ankle----------------------------------------------------------------------------Ankylosed knee-------------------------------------------------------------------------------
2,280
2.280
1,500
1 ,5(>0
4SO
300
105
165
75
75
75
30
90
2,100
2,100
720
480
ISO
3JH>
330
150
30<)
250
90
270
210
90
105
75
30
75
600
480
600
Provided, however, If any of the above-mentioned specific minor permanent
partial disability injuries shall not result in or involve amputation, not more
that three-four!hs of the foregoing respective sums shall be paid: Provided
further, That payment for any injury to minor hand or arm or any part
thereof, shall not exceed 95 i>er cent of the amounts hereinbefore enumerated.
Compensation for any other si>ecific major permanent partial disability or
specific minor permanent partial disability shall be in the proportion which
the extent of such other disability shall bear to that major specific or minor
specific permanent partial disability above si>ecified, which most closely re
sembles and approximates in degree of disability such other disability, but
not in any case to exceed the sum of $2,400.
TEXT OF LAWS— WASHINGTON
537
If the injured workman be under the age of 21 years and unmarried, the
parents or parent shall also receive a lump-sum payment equal to 10 per cent
of the amount awarded tlie minor workman.
(g) Should a further accident occur to a workman who has been previously
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.
(h) If aggravation, diminution, or termination of disability takes place
or be discovered after the rate of compensation shall have been established or
compensation terminated, in any case the department may, upon the applica
tion of the beneficiary or upon its own motion readjust for further application
the rate of compensation in accordance with the rules in this section provided
for the same, or in a proper case terminate the payment.
(0 A husband or wife of an injured workman, living in a state of abandon
ment for more than one year at the time ot* the injury or subsequently, shall
not be a beneficiary under this act.
O’ ) If a beneficiary shall reside or remove out of the State, the department
may, in its discretion, convert any monthly payments provided for such case
into a lump-sum payment (not in any case to exceed the value of the annuity
then remaining, to be fixed and certified by the Slate insurance commissioner,
but in no case to exceed the sum of $4,000).
(k) Any court review under this section shall be initiated in the county
where the workman resides or resided at the time of the injury, or in which
the injury occurred.
(/) No workman injured after June 30, 1923, shall receive or be entitled
to receive compensation out of the accident fund for or during the day on
which injury was received or the three days following the same.
S ec . 7680. Intentional injury; minors.—[Injuries or death due to the delib
erate intention of the workman to produce the same are not compensable; if
due to the deliberate intention of the employer to cause such injury or death,
compensation is payable and an action also lies against the employer for any
excess damages.
Minors legally employed are sui juris for the purposes of this act, the remedy
being exclusive; but lump-sum payments to minors are within the probate
jurisdiction of the courts as other property of minors. If guardianship is neces
sary, an allowance may be made from the accident fund toward the expenses
of the same, not to exceed $25. If the lump-sum payment is $250 or less, pay
ment may, in the discretion of the director of labor and industries, be paid
directly to the minor without the appointment of a guardian.]
Sec. 7681. Lump sums.— [In case of death or permanent total disability
monthly payments may be converted in whole or in part into a lump-sum
payment, not to exceed $4,000, equal or proportionate to the value of the
annuity then remaining. Commutation is to be made only on written appli
cation of the beneficiary, and rests in the discretion of the department.]
S ec . 7682 (as amended 1923, ch. 136). Collection of premiums.— [Premiums
in default may be collected in an action at law plus a penalty of 25 per cent.
Claims of the State for payments and penalties are a lien prior to all others
except for taxes on the property operated or constructed by any employer or
article produced or manufactured by him. In all cases of probate, insolvency,
etc., the claim of the State is a prior lien over all other claims except taxes.]
Sec. 7683. Absence of safety appliances.— [If injury is due to the absence
of safeguards required by law or regulation, or the injured employee is a
minor unlawfully employed, the employer must pay, in addition to the normal
premium 50 per cent additional to any lump sum awarded, or if monthly
payments are made, a sum equal to 50 per cent of the lump-sum value of such
payments. This does not apply if the removal of the safeguard was by the
injured workman himself or with his knowledge or by a fellow workman,
unless done by order of a superior. If the removal was by the workman him
self, or with his consent or by a fellow workman without orders, benefits shall
be reduced 10 per cent.]
Sec. 7684 (as amended 1923, ch. 126). Assignments; aliens.—No money paid
or payable under this act out of the accident fund shall, prior to issuance and
delivery of the warrant therefor, be capable of being assigued, charged, nor
538
w o r k m e n ’s
COMPENSATION LAWS— UNITED STATES
ever l>e taken in execution or attached or garnisheed, nor shall the same pass
to any other person by operation of law. Any such assignment or charge will
be void: Provided, Thai if any workman shall suffer a permanent partial
injury and shall die from some other cans** than the accident which produced
such injury before he shall have received payment of his award for such per
manent partial injury, or if any workman shall suffer any other injury and
whall 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, That if any workman shall suffer any
injury and shall die therefrom before he shall have received payment of any
monthly installment covering time loss for any period of time prior to his
death, the amount of such monthly payment shall be paid to his widow if he
leave a widow, or to his child or children if he leave a child or children and
shall not leave a widow: Provided further, That if the injured workman shall
have resided in the United States as long as three years prior to the date of
such injury such payment shall not be made to any widow or child who was
at the time of such injury a nonresident of the United States.
Except as otherwise provided by treaty, whenever under the provisions of
this act, compensation is payable to a beneficiary or dependent who is an alien
not residing in the United States, the department shall pay 50 per cent of the
compensation herein otherwise provided to such beneficiary or dependent. But
if a nonresident alien, beneficiary, or dependent is a citizen of a government
having a compensation law which excludes citizens of the United States either
resident or nonresident, from partaking of the benefit of such law in as
favorable a degree as herein extended to nonresident aliens he shall receive no
compensation.
Proof of dependency by any beneficiary or dependent residing without the
United States shall be made before the nearest United States consul or consular
agent under the seal of such consul or consular agent, and the department may
cause any warrant or warrants to which such beneficiary or dependent is
entitled to be transmitted to the beneficiary or dependent through the nearest
United States consul or consular agent.
Sec. 7685. Waivers.—No employer or workman shall exempt himself from the
burden or waive the benefits of this act by any contract, agreement, rule, or
regulation, and any such contract, agreement, rule, or regulation shall be
pro tanto void.
Sue. 7686. Ofaims.— [Workmen entitled to compensation must file a claim,
together with a physician's certificate, with the department, the physician
being obligated to render all necessary assistance. Claims for death must
be similarly submitted by beneficiaries or some one in their behalf, with
proof of death and of relationship. Like application must be made for in
crease or rearrangement of compensation as change of circumstances war
rant. Applications to be valid must be made within one year after the
date on which the injury occurred or the right thereto accrued. Physicians
failing or refusing to file reports as required within 10 days of the date
of treatment showing condition and probable duration of injury or failing to
render the necessary assistance to a claimant are guilty of a misdemeanor.]
S ec. 7687. Physicians to testify.— [Physicians must testify fully in all pro
ceedings before the director, and are not exempt by reason of the relationship
of physician and patient.]
Sec. 7688. Medical examinations.— [Workmen entitled to compensation must
submit to medical examinations from time to time as may be provided by
the rules of the department. Failure suspends and bars compensation for
the period. Persistence in unsanitary or injurious practices authorizes reduc
tion or suspension of compensation. Necessary traveling expenses incurred by
a workman taking medical examinations at the request of the department are
to be repaid from the accident fund.]
Sec. 7689. Reports of accidents.—Whenever any accident occurs to any work
man it shall be tlie 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 representa
tive of the department
TEXT OF LAWS— WASHINGTON
539
Sec. 7690. Inspection of employers9 books.—[Books, records, and pay rolls
of the employers pertinent to the administration of the act must be open to
inspection by the department or its agents.]
S ec. 7691. [Repealed.]
S ec. 7692 (as amended 1923, ch. 136). Public tvorks.—Whenever the State,
county, any municipal corporation, or other taxing district shall engage in any
cxtrahazardous work, or let a contract therefor in which workmen are em
ployed for wages, this act shall be applicable thereto. The employer’s pay
ments 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 performance 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 Stale 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 contrac
tor, in turn, shall be entitled to collect from the subcontractor his proportionate
amount of the payment. 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.
The provisions of this act shall apply to all extrahazardous work done by
contract; the person, firm, or corporation who lets a contract for such extrahazardous work shall be responsible primarily and directly for all payments
duo to the accident fund and medica 1-aid fund upon the work. The contractor
and any subcontractor shall be subject to the provisions of this act, and the
j>erson, firm, or corporation letting the contract shall be entitled to collect from
the contractor the full amount payable to the accident fund and medical-aid
fund, and the contractor, in turn, shall be entitled to collect from the sub
contractor his proportionate amount of the payment.
It shall be unlawful for any city or town to issue a construction building
permit to any person who has not submitted to the department of labor and
industries an estimate of pay roll and paid premium thereon as provided by
section 7676 of Remington’s Compiled Statutes.
Sec. 7693 (as amended extra session, 1925, ch. 84). Rules.— [Employees en
gaged in the maintenance and operation of railroads or in the maintenance or
construction of their equipment are exempt from the operations of the act,
but this does not exclude railroad construction or employees engaged thereon.
The liability of common carriers by railroad engaged in interstate or foreign
commerce and in intrastate commerce is to be covered by Federal statute now
existing or hereafter enacted. If an interstate common carrier is engaged in
one or more intrastate enterprises or industries, the provisions of this section
shall not exclude such work from the provisions of the act if the pay roll is
clearly separable and distinguishable from railroad operations. Independent
contractors engaged through or by their employees in performing extrahazardous work for a common carrier are not exempt, nor are their employees
deprived of the benefits of this act.]
Sec. 7694 (amended extra session, 1925, ch. 111). Maritime occupations.—
The provisions of this act shall apply to all employers and workmen engaged
in maritime occupations for whom no right or obligation exists under the mari
time laws for personal injuries or death of such workmen.
If an accurate segregation of pay rolls covering any class or classes of work
men engaged in maritime occupations and working part time on shore and part
time off siiore can not be made by the employer, the director of the department
of labor and industries is hereby authorized and directed to fix from time to
time a basis for the approximate segregation of the pay rolls of such class or
classes of employees to cover the shore part of their work, and the employer
shall pay to the accident fund on that basis for the time such workmen are
engaged in their work.
Where two or more employers are simultaneously engaged in a common enter
prise at one and the same site or place in maritime occupations under circum
stances in which no right or obligation exists under the maritime laws for per
sonal injuries or death of such workmen, such site or place shall be deemed for
the purposes of this act to be the common plant of such employers.
1965°—26------35
540
w o r k m e n 's
c o m p e n s a t io n
LAWS---- UNITED STATES
S ec. 7695. Commerce.—The provisions of this act shall apply to employers
and workmen (other than railways and tlicir workmen) engaged in 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 she 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 distinguishable, the
employer shall in all cases l>e 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 7003.
Sbc\ 7606 (amended 1923, ch. 136). Election, when.— [Occupations other than
those enumerated or declared to be under the act as provided in section 7674
may be brought thereunder by written application to the director of labor and
industries to fix rates of contributions. On the fixing of such rates the employer
may file notice with the supervisor of industrial insurance of his election to
contribute, and must post notices to that effect in and about his plant. Within
five days after such posting any employee may give notice of rejection, filing
tlie same with the department; otherwise the statute becomes operative as to
the applicant’s establishment.]
Six’. 7097. Court review.— [Any person in interest may initiate proceedings
in the nature of an appeal in a superior court of the county for a review of
any decision of the department affecting his interests. Such appeal must be
brought within 20 days after rendition of the decision. Proceedings are in
formal and summary, but with full opportunity for the parties to be heard.
Bonds are not required except in case of an appeal from a decision of the de
partment under section 7683 except in the case last named an appeal shall not
be a stay. Trial by jury rests in the discretion of the court except in cases
under sections 7683, 7690, and 7691, in which either party shall be entitled to
jury trial on demand. Attorneys* fees are subject to regulation by the court.
I f the department is reversed or its decision modified, fees and costs are pay
able out of the administrative fund. In other respects the practice in civil
‘ cases applies.]
S ecs . 7698-7703. Administration.— [An industrial insurance department was
created with duties of admnistration, but it is now superseded (ch. 7, Acts of
1921) by the division of industrial insurance under the director of labor and
industries. The director of labor and industries is authorized to establish
rules, fix premiums, regulate matters of proof under the act, supervise medical,
surgical and hospital treatment, issue receipts and certificates, make necessary
investigations, and compile such statistics as will afford reliable information
upon which to base operations and make annual reports to the governor show
ing the financial status and outstanding obligations of the accid'ent fund, to
gether with statistics as above noted.]
S ecs . *7704-7711. Miscellaneous provisions.— [Penalties are provided for
employers failing to comply with rules promulgated by the department under
the authority of this act. Provision is made for the disbursement of funds
on vouchers made out by the department and audited by the State auditor.
The State treasurer is liable on his official bond for the safe custody of the
moneys and securities of tho accident fund.
The adjudication of any employer or of his workmen as being outside the
lawful scope of the act because of remoteness of employment from the hazards
of tlie employer's work is not to impair the validity of the act in other respects.
Should the provision as to the accident fund and exclusive payments therein
provided for be held invalid, the entire act falls except that section which
provides for the effect of repeal. Iu case of declared invalidity or repeal, the
statute of limitations may not include any portion of the time elapsed between
the occurrence of the injury or death and the repeal or decision. The act
does not affect regulations for safety, nor any pending cause of action.l
S ecs . 7712-7722. Medical aid.— [The declared purposes of the medical-aid
act is to require the industries of the State to furnish medical, surgical, and
hospital care to their injured workmen, the expense to be borne by such
industry in proportion as it produces injury and creates expense, as nearly
as may be. Contributions to the medical-aid fund are to be as provided in
section 7676, rates to be subject to change as shown by experience, with ap
peals in cases of grievances. Provision is made for surgical and hospital
treatment, the excuses to be borne by the fuud, for the maintenance of first-
TEXT OF LAWS— WASHINGTON
541
aid kits, the supplying of artificial limbs, mechanical appliances, etc. The
director of labor and industries supervises and controls the administration of
the act, fixes fees, and must provide care and treatment for workmen within
the provisions of the act. Employers contributing to the fund may take
one-half the amount required of them from the pay of their workman.
Demanding or collecting from workmen any sum of money on account of
medical, surgical, hospital, or other treatment or for transportation otherwise
than as herein provided is unlawful, entailing liability to civil action for the
benefit of the medical-aid fund in ten times the amount so demanded or
collected! and punishment as for a misdemeanor*]
WEST VIRGINIA
ACTS OF 1913
C
10
h apter
e x tra
(a s
b y c h . 9, acts of 1915, and ch. 1, acts of 1915, first
—Compensation of workmen for injuries—State insurance
am ended
s e s s io n ).
fund
S e c t io n s 1, 2 (as amended 1919, ch. 131), 3, 4, 5 (repealed), 6-8. Compensa
tion commissioner.— [The governor appoints a compensation commissioner for
a term of six years at a salary of $6,000 per annum and may remove him for
incompetent*}*' neglect of duty, gross immorality, or malfeasance in office after
hearing. The attorney general is to perform all legal services required by the
commissioner under the provisions of this act. The commissioner has a seal,
may employ a secretary, actuary, and other assistants and fix their salaries,
must maintain an office at the capital, and has jurisdiction over the State com
pensation fund and awards of compensation and applications therefor. Ex
penses of administration are to be paid from the workmen’s compensation fund,
for which fixed appropriations are provided. The commissioner is to adopt
reasonable and proper rules of procedure, regulate the kind and character of
notices and service, forms of application, investigations, physical examinations,
and inspections and prescribe the time in which adjudications and awards
shall be made.]
S e c . 9 (as amended 1919, ch. 131; 1923, ch. 58; 1925, ch. 68). Scope of law.—
All persons, firms, 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 persons 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 they are engaged, and
check weighmen as provided for in chapter 20,-acts of 1911, 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, nor 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 managers, 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
governmental agencies and departments of the State of West Virginia shall
be paid out of the State treasury out of the appropriations made for such
agencies and departments, in the same manner as other disbursements are
made by such agencies and departments.
Municipal corporations shall provide for the funds to pay their prescribed
premiums into the fund, and said premiums and premiums of State 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 or
limited period, which could not be considered “ regularly employing” 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 show
ing the probable length of time the employment 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 shnll deposit with the State compensation
commission to the credit of the workmen’s compensation fund the amount
required by section 24 of this act. which amount shall be returned to such
employer if his application be rejected by the commissioner. Upon notice to
542
TEXT OF LAWS— WEST VIRGINIA
543
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 provisions
of this act and to receive the benefits hereunder, shall at the 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 cor
poration employer shall be accepted by the commissioner until such certificate
is filed.
For the purpose of this act a mine shall be adjudged within this 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 necessi
tates a 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 bo denied the right to participate
in the workmen's compensation fund.
S ecs . 10-17. Duties of commissioner.— [The employers are to furnish infor
mation required by the commissioner, who may examine under oath any
employer or his agent or employee. The commissioner is to furnish blanks to be
filled out with the information desired, the questions to be answered and verified
under oath. The commissioner, his secretary and every inspector and examiner
employed by the commissioner may administer oaths, certify official acts, take
dei>ositions, issue subpoenas and compel the attendance of witnesses and the
production of books, papers and records. Fees and mileage are the same as in
civil cases. Depositions may be taken within or without the State and a trans
scribed copy of the evidence certified and sworn to may be accepted as evidence
in proceedings before the commissioner.]
S ecs . 18 (as amended 1919, ch. 131; 1923, ch. 58), 19-22 (all as amended
1919, ch. 131). State fund.— [The commissioner is to distribute into groups or
schedules the industries subject to the act in accordance with the nature of
the business and the degree of hazard. Accounts are to be kept of all funds as
well as accounts of individual subscribers. In fatal cases and disability cases
exceeding 85 per cent disability the amount charged against an employer's ac
count shall be such sum as is estimated to be the average cost of such cases
to the fund. Rates are to l>e the lowest con sistent with the maintenance of a
solvent fund and a reasonable surplus in such schedule. Readjustments are to
be made yearly on the 1st day of October or any time that may be necessary.
Rates are to apply to all subscribers of any schedule or class, but if consider
able difference appear in the degree of hazard, individual rates may be fixed,
based on the records for the preceding year ending June 30, and a reasonable
minimum and maximum may be prescribed for schedules to which this in
dividual method of rating is applied.
Employers must notify of changes
made. Ten per cent of the income to the fund must be set aside for a surplus
until the sum of *$500,000 is accumulated after which 5 per cent is to be set
aside until an adequate fund for catastrophe and other losses not specifically
provided for has been accumulated. The compensation fund made up of
premiums and other funds paid thereto by employers is to cover benefits and
expenses in accordance with rules and regulations adopted by the commissioner.
Insuring employers must conform to the requirements of the commissioner
as to reports and methods of proceeding and making returns required. The
State treasurer is custodian of the fund, giving separate bond and keeping a
separate account therefor. Provision is made for investments, the interest to
be for the benefit of the fund. Employers electing to pay premiums into the
fund are exempt from actions at law so long as not in default in the payment
of premiums under the requirements of the act unless the employees give notice
of rejection.]
S ec. 23. Notice to be posted; waivers.— [Employers paying premiums into
the State fund or electing to act as self-insurers must post notices about
their plants stating the facts, the same to be sufficient notice to all employees.
No contract or rule providing for waiver of the benefits and liabilities of this
act is valid.]
Sec. 24 (as amended 1919, ch. 131). Premiums.— [Premiums based on the
pay roll of each employer as determined by the commission arc to be paid
monthly, the minimum for any month by any employer being 50 cents. Failure
544
w o r k m e n ’s
COMPENSATION i a w s — UNITED states
to make payments as required automatically terminates tlie employers’ status
in the fund. The commissioner is not required to notify the employer of
such termination, but shall notify the employees in such manner as he may
deem best and sufficient. Delinquent employers are to be reinsured on appli
cation on terms prescribed by the act and by the commissioner, after paying
all unpaid premiums, penalties, and cliarges. Provision is made for making
payments at least equal to the amount of premiums paid for the last two
months in order to avoid lapses. Terminations are effective on the end of
the month immediately succeeding the month in which election is terminated
by delinquency. Withdrawing employers are entitled to adjustment of balan<*es.]
Sex:. 25 (as amended 1919, ch. 131). Disbursements; hernia.— [The commis
sioner makes disbursements of benefits to employees who “ have received per
sonal injuries in the State in the course of and resulting from their employ
ment,” or to their dependents.
Special provision is made for injuries producing hernia, specifying the evi
dence necessary. Radical operation is prescribed as the mode of treatment,
death benefits to be paid in case death results from the operation. In nonfa ta I cases only time loss is to be compensated. In case of refusal to undergo
operation no compensation will be allowed during the time it continues, unless
it appears that the physical condition of the employee is such that it is con
sidered unsafe, when he shall be paid as provided in section 31.]
Sko. 26 (as amended 1919, ch. 131). Defenses abrogated.— [Employers cov
ered by the act, but rejecting its provisions, or in default on premiums after
acceptance, are liable in damages for injuries to their employees due to negli
gence, without the eommoti-law defenses.]
Sec. 27 (as amended 1919. ch. 131; 1923, ch. 58; 1925, ch. 68). Medical,
etc., aid.— [The commissioner may pay such sums for medical, surgical, and
hospital treatment as in his opinion are reasonably required, not to exceed
$800. Payment made to the injured employee or .any person who may have
furnished the service or advanced payment therefor. If the employee is
entitled under contract connected with the employment, or by reason of a
subscription list, to receive such treatment without further charge to him,
no payment shair be made from the fund; but if the commissioner is of the
opinion that hospital treatment is necessary he shall order the same, the cost
to be met from the fund within the limit of $800.]
Sec. 28 (as amended 1919, ch. 131). Willful misconduct, etc.— [No benefits
under this act are payable on account of personal injury or death caused
by a self-inflicted injury, willful misconduct, disobedience of rules adopted
by the employer and approved by the commissioner posted in conspicuous
places, the intoxication of tbe employee, or failure to use protective or safety
appliances prescribed by the commissioner and furnished by the employer for
the use of the employee. The commissioner may require all employers to
adopt rules approved by him for the protection and safety of their employees
and install safety appliances as it may be necessary.
If injury or death results to on employee from the deliberate intention of
the employer to produce the same-, the employee or his dependents may take
under the act and also recover any damages in excess of the amount received
or receivable under the act.]
Sec?. 29 (as amended 1919, ch. 131). Funeral expenses.— [In case of death
within a year, reasonable funeral expenses may be paid, not to exceed $150.1
S e c . 30. Waiting time.- If the period of disability does not last longer than
one week from the day the employee leaves work as the result of the injury,
no award shall he allowed, except the disbursement provided for in sections
27 and 29.
(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 disbursement provided foi? in
sections 27 and 29.
Sec. 31 (as amended 1919, ch. 131: 1923. ch. 58; 1925. ch. 68). Compensation
for disability.—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 re
ceive during the continuance thereof 662'. per cent of his average weekly earn
ings. not to exceed a maximum of $16 per week nor to be less than a minimum
of $8 per week.
TEXT OF LAWS— WKST VIRGINIA
545
(&) Paragraph (a) of this subdivision shall be limited as follows: Aggre
gate award for a single injury causing temporary disability shall be for a
period not exceeding 52 weeks: Provided, That in case in [an] injured em
ployee, by reason of having an ununited fracture, or having undergone a surgi
cal 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 thau 52 weeks, the period which compensation shall be paid
may be, but shall not exceed 78 weeks.
(c)
If the injury causes permanent disability, the percentage of disability
to total disability shall be determined and the award computed and allowed as
follows:
For a 2 per cent disability, 60% per cent of the average weekly earnings for
a period of eight weeks.
For a 5 per cent disability, 66% per eent of the average weekly earnings for
a period of 20 weeks.
For a 10 per cent disability, 66% per cent of the average weekly earnings for
a period of 48 weeks.
For a 15 per cent disability, 66% per cent of the average weekly earnings for
;i period of 60 weeks.
For a 20 per cent disability, 66% per cent of the average weekly earnings for
a period of 80 weeks.
For a 30 per cent disability, 66% per cent of the average weekly earnings for
f* period of 120 weeks.
For a 40 per cent disability, 66% per ceut of the average weekly earnings for
a period of 160 weeks.
For a 50 per cent disability, 66% per cent of the average weekly earnings for
[>erio<l of 200 weeks.
For a 60 per cent disability, 66% per cent of the average weekly earnings for
a period of 240 weeks.
For a 70 per cent disability, 66% per cent of the average weekly earnings for
a period of 280 weeks.
For an 80 per cent disability, 66% per cent of the average weekly earnings for
a period of 320 weeks.
For an 85 per cent disability, 66% per cent of the average weekly earnings for
a period of 340 weeks.
For a disability from 85 to 100 per cent, 66% per cent of the average weekly
earnings during the remainder of life.
Awards for permanent disability of from 2 per cent to 85 per cent shall be
computed on the basis of four weeks compensation for each per cent of dis
ability determined.
(<J) If the injury results in the total loss by severance of any of the mem
bers named in this paragraph, the percentage of disability shall be determined
in accordance with the following table and award made as provided in para
graph (c) of this section:
The loss of a great toe shall be considered a 10 per cent disability.
The loss of a great toe (one phalange) shall be considered a 5 per cent dis
ability.
The loss of other toes shall be considered a 4 per cent disability.
The loss of other toes (one phalange) shall bo considered a 2 per cent dis
ability.
The loss of all toes shall be considered a 25 per cent disability.
The loss of forepart of foot shall be considered a 30 per cent disability.
The loss of a foot shall be considered a 35 per cent disability.
The loss of leg shall be considered a 45 per cent disability.
The loss of thigh shall be considered a 50 per cent disability.
The loss of thigh at hip joint shall be considered a 60 per cent disability.
The loss of little or fourth finger (one phalange) shall be considered a 3
per cent disability.
The loss of little or fourth finger shall be considered a 5 per cent disability.
The loss of ring or third finger (one phalange) shall be considered a 3
per cent disability.
The loss of ring or third finger shall be considered a 5 per cent disability.
The loss of middle or second finger (one phalange) shall be considered a
3 per cent disability.
The loss of middle or second finger shall be considered a 7 per cent disability.
546
W ORKM EN ’s COMPENSATION LAWS— UNITED STATES
Tho loss of index or first linger (one phalange) shall be considered a 6
per cent disability.
Tlie loss of index or first finger shall be considered a 10 per cent disability.
The loss of thumb (one phalange) shall be considered a 12 per cent dis
ability.
The loss of thumb shall be considered a 20 per cent disability.
The loss of thumb and index finger shall be considered a 32 per cent dis
ability.
The loss of index and middle linger shall be considered a 20 per cent
disability.
The loss of middle and ring finger shali be considered a 15 per cent dis
ability.
The loss of ring and little finger shall be considered a 10 per cent disability.
The loss of thumb, index, and middle finger shall be considered a 40 i>er
cent disability.
The loss of index, middle, and ring finger shall be considered a 30 per
cent disability.
the loss of middle, ring, and little finger shall be considered a 20 per cent
disability.
The loss of four fingers shall be considered a 32 per cent disability.
The loss of hand shall be considered a 50 per cent disability.
The loss of forearm shall be considered a 55 per cent disability.
The loss of arm shall be considered a (50 per cent disability.
(e)
The total loss of one eye. or the total and irrecoverable loss of the
sight thereof, shall be considered a 33 per cent disability, and the injured
employee shall be entitled to compensation for a period of 132 weeks.
For the partial loss of vision in one or both eyes, tlie percentage of disability
shall Ik* determined by tlie commissioner, using as a basis the total loss of one
eye.
if) The award for permanent disabilities intermediate to those fixed by
the foregoing schedule and permanent disability or [of] from 2 per cent to
85 per cent shall be in the same proportion and shall be computed and allowed
by the commissioner.
{(/) Tlie percentage of all permanent disabilities other than those enumerated
in iparagraphs (c), (d), (e), and ( /) of this section shall be determined 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 be
limited as follows: Not to exceed a maximum of $16 per week, nor to be less
than a minimum of $8 per week.
(/) Where an injury results in temporary total disability for which com
pensation is awarded under paragraph (a) of this section, and such injury
is later determined a permanent partial disability under paragraph (c). 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 (r). Compensation under this section shall be payable only to
the injured employee, and the right thereto shall not vest in his or her estate:
except that such compensation as may have accrued to the date of his or
her death shall be paid to the dependents of such injured employee, if there
be such dependents at the time of death.
(j) The following permanent disabilities shall be conclusively presumed 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 be determined by the com
missioner in accordance with the facts in the case, and award made in accord
ance with the schedule in paragraph (c).
Seo. 32. [Repealed.]
S ec . 33 (as amended 1010. ch. 131 ; 1923. ch. 58). Death.— In case the per
sonal 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:
(<*) If there be no dependents, the disbursements shall be limited to the
expense provided for in sections 27 and 29 of this act.
TEXT OF LAWS— WEST VIRGINIA
547
(h) If the deceased employee be under the age of 21 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 66% per cent of the
average weekly wages of the deceased employee, not to exceed a maximum
of .$7 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 16
years at the time of death, payment shall continue until such employee would
have been 21 years of age: And provided further, Payment of compensation
awarded under thfc* subsection to a dependent father shall be continued and
paid to his surviving widow, mother of the deceased employee, to continue as
per original award to father.
Compensation in either case to cease upon the death of the dependent.
(c) If the deceased employee be under the age of 21 and unmarried and leave
a partially dependent father or mother, the father, or if there he no father,
the mother shall be entitled to a payment of 66% per cent of rhe average
weekly wages, not to exceed a maximum of $7 per week, to continue until the
employee would have been 21 years of age.
(d) i f the deceased employee leaves a dej:>ondent widow or invalid widower,
the payment shall be $80 per month until death or remarriage of such widow
or widower, and in addition $5 per month for each child under 16 years of age,
to he paid until such child roaches such age: Provided, If such widow or in
valid 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 20
per cent of the amount that would be due for the period remaining between
the date of such remarriage and the end of .10 years from the date of death of
said employee: Provided further, That if upon investigation it shall be ascer
tained that said widow or widower is living with a man or woman, as the case
may he, as man and wife and not married, or the widow living a life of prosti
tution, the commissioner may stop the payment of the benefits herein provided
to said widow or widower.
If the deceased employee be a widow or widower and leave a child or children
under the age of 16 years, the payment shall be $10 per month to each child
until he or she reaches the age of 16 years.
In all awards of compensation to children, the award shall he until they reach
the age of 16 years or their death prior thereto.
(e) If the deceased employee be an adult and there be no dependent widow
or widower, or child under 16 years of age, but there are wholly dependent
persons at the time of death, the payments shall be 50 per cent of the average
monthly support actually received from the employee during the preceding 12
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 $20 per month.
( f) If the deceased employee be an adult and there be no dependent widow,
widower, or child under 1(5 years of age, or wholly dependent persons, but
rhere are partly dependent persons at the. time of death, the payment shall be
50 per cent of the average monthly support actually received from employee
during the preceding 12 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 de
termine, and not to amount to more than a maximum of $20 per month.
Compensation under subsection (e) and (f) hereof shall cease upon the
death of the dependent, and the right thereto shall not vest in his or her estate.
(f/) Dependent, as used in this act, means a widow, invalid widower, child
under 16 years of age. invalid child over such age, or a posthumous child, who,
at the time of the injury 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 residents of the United States or its territorial
possessions: Stepchild under 16 years of age, child under 16 years of age
legally adopted prior to the injury causing death; father, mother, grandfather,
or grandmother, who, at the time of the injury 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.
Sec. 34. Payment of death benefits.—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 benefit of all the dependents, as may be determined by the commis
548
WORKMEN'S COMPKNSATIllN I.AWS— UNITED STATES
signer who may apportion tlie benefits among tho dependents in such manner
as he may deom just and equitable. Payment to a dependent subsequent in
right may be made if the commissioner deems proper, and shall operate lo dis
charge all other claims therefor.
Sec. 35. Duty of recipient.—The dependent or person to whom benefits are
paid shall apply the same to the use of (lie several beneficiaries thereof accord
ing to their respective claims upon the decedent for supi>ort. in compliance
with the finding and direction of the commissioner.
Sec. 30 (as amended 1919, ch. 131). ttpou«c« living apart.—Notwithstanding
anything heroin contained, no sum shall be paid a widow or widower who shall
have been living separate and apart from, or has been abandoned by the em
ployee. and who shall not have been supported by him or her at the time of the
injury causing death.
Sw. 37 tas amended 1919. ch. 131). Computing «;»(/(•*.—The average weekly
wage or earnings of the injured person at the time of the injury shall be taken
as u basis upon which to compute the benefits. The time of injury wirliin 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.
8 e c . 3S (as amended 1923, ch. 58). Special medical, etc., treatment.—The
commissioner shall have authority in certain cases where an employee has
sustained a permanent disability, and such fact having been so determined by
the commissioner, and in his opinion the per cent of said permanent disability
can be materially reduced or made negligible by medical, surgical, or hospital
treatment, expend an amount not to exceed the sum of $600 for such medical,
surgical, or hospital treatment, regardless of any other provision in this act
providing for the payment of medical, surgical, or hospital treatment. No pay
ment shall be made for such medical, hospital or surgical treatment provided
for in this section unless such treatment has been duly authorized by the com
missioner prior to the rendering of such treatment.
Sues. 39 (as amended 1919, ch. 131), 40, 41, 42 (as amended 1919. ch. 131),
43. 44 (as amended 1919, ch. 131). Procedure.— [Application for benefits must
be made within six months from the date of injury or death, and proof of
dependency in fatal cases must be filed within nine months. However, if the
employer fails to report an injury within six months, the commissioner may,
in'his discretion, accept an application for compensation filed after the expira
tion of the six months* period above provided. Nonresident aliens may be
officially represented by consular officers of their countries, but this does not
give to such officer the right to make application for compensation in their
behalf.
The power and jurisdiction of the commissioner over each case is continuing
and he may make such modifications of findings as are from time to time
in his opinion justified. lie may commute periodical benefits to one or more
lump-sum payments under special circumstances, as he deems advisable.
Compensation is only for the use and benefit of the employees and their
dependents, and is exempt from all claims of creditors and from attachment,
execution, or assignment.
The commission has full power and authority to hear and determine nil
questions within his jurisdiction and to review the action of any employer
in regard to the payment of benefits. If the right of a claimant to benefits
is denied on the ground that the injury was self-inflicted, or was not received
in the course of and resulting from the employment., or other ground going to
the basis of claimant's rights, he may. within 90 days after notice of the com
missioners decision apply for an appeal to the supreme court of appeals.
Tho commissioner is to furnish a transcript of tlie evidence upon which the
court or a judge thereof may decide whether or not the appeal will be granted.
If granted, the case has precedence over other cases on the docket as if the
claim was allowed prior to 30 days before the beginning of any term. The
decision will be as to the right of the claimant, and if allowed, the com
missioner is to fix the com])eusation according to the terms of the act. Costs,
including a reasonable attorney’s fee not exceed?ng £100 to the claimant's
attorney, will be taxed against the unsuccessful party. No fees, expenses, or
costs may be paid out of any compensation awarded.
The commissioner is not bound by the customary rules as to evidence, but
may adopt rules of practice and proceed as herein provided and make investiga
tions in such manner as appeal’s best calculated to ascertain the substantial
rights and carry out the provisions of the act.J
TEXT OF LAWS— WliST VIRfilXTA
549
Secs. 45, 46. Reports.— fTlie commissioner may make necessary expenditures
to obtain statistical and other information as to industries, and must make
an annual report of his operations under the act. including a statement of
disbursements and the condition of the fund with other matter deemed
proper.]
Sec. 47 (as amended 1925, ch. 68). Medical examination.— [The commissioner
may require a claimant to appear for examination before a medical examiner
appointed by him. Reasonable traveling and other expenses incurred by the
claimant are to be paid from the allowance for medical, surgical, and hospital
treatment.]
Sec. 48. Deputy.— [If the commissioner is to be absent or disabled for
service for a week or more, the secretary may be designated to act for the
period.]
S ecs. 49, 50 (as amended 1925, ch. 68). Offences.— [Knowingly failing to
make a report of the performance of any duty required by the commissioner
is a misdemeanor. Persons knowingly making false reports or statements
under oath respecting information required by the commissioner are guilty
of perjury. Any person knowingly and with fraudulent intent attempting
to secure compensation to which he is not entitled or to procure ihc same
for another is guilty of a misdemeanor. Punishment is a fine or imprisonment,
or both.]
S ec. 51. Investments.— [Funds not required for immediate use are to be
invested by the board of public works.]
Sec. 52 (as amended 1919. ch. 131; 1925. ch. 68). Interstate commerce.—In
case any employer within the meaning of this act is also engaged in interstate
or foreign commerce, and for whom a rule of liability or method of compen
sation 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 connection 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 o f
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 com
missioner shall subject the accepter irrevocably to the provisions of the act to
all intents and purposes as if they had been originally included 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.
Unless and until the Congress of the United States has by appropriate legis
lation established a rule of liability or method of compensation governing
employers and employees engaged in commerce within the purview of the com
merce clause of the Federal Constitution (Art. I. sec. 8). section 9. as herein
amended, shall apply without regard to the interstate or intrastate character
or nature of the work or business engaged in : Provided. hotvever, that this act
shall not apply to employees of employers engaged in interstate commerce.
Sec. 53. Persons outside llte act.—If any employer shall be adjudicated to
be outside the lawful scope of this act. the act shall not apply to him or his
employee; or if any employee shall be adjudicated to be outside the lawful
scope of this act. because of remoteness of his work from the hazard of his
employer's work, any such adjudication shall not impair the validity of this
act in other respects, and in every such case an accounting in accordance with
the justice of the case shall be had on moneys received. If the provisions of
this act for the creation of the fund, or the provisions 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 resi>eets 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. 54. Selfinsurers.—Notwithstanding anything contained in this act. em
ployers subject to this act who are of sufficient financial responsibility to
insure the payment of compensation to injured employees and the dependents
of fatally injured employees, whether in the form of pecuniary compensation
or medical attention, funeral expenses, or otherwise, as herein provided, of
the value at least equal to the compensation provided in this act, or employers
of such financial responsibility who maintain their own benefit funds or systems
of compensation, to which their employees are not required or permitted to con
550
w o r k m e n ’s
COMPENSATION LAWS— UNITED STATES
tribute, or such employers as shall furnish bond or other security to insure
such payments may. upon a finding of such facts by the compensation com
missioner. 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 employee's dependents; and the compensation com
missioner shall require such security or bond from said employer to be ap
proved 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 excuses herein provided for, which shall in no
event be less than the compensation paid or furnished out of the State work
men's compensation fund in similar cases, to injured employees or the depend
ents of fatally injured employees whose employers contribute to said fund:
Provided, That any employer electing under this section shall on or before the
25th 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 adminis
tration of this act. as may be determined by the commissioner. The commis
sioner shall make and publish rules and regulations governing the mode and
manner of making application and the nature and extent of the proof required
to justify the finding of facts by said commissioner, to consider 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 respond in damages at common law or by statute for the injury or
death of any employee, however occurring, after such election and during the
period that he is allowed to carry his own risk, by said commissioner: Provided,
The injured employee has remained in his service with notice given, as pro
vided 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 whose record upon the books of the public service
commission 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 be1
granted the right to individually and directly or from 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 work
men's compensation fund the amount of said excess of liability over premiums
paid, including his proper proportion of the liability incurred on account of
explosions or catastrophes occurring within the State and charged against
said fund: And provided further, That in any case under the provisions of this
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 permit 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
payment of the same shall be assumed by the workmen’s compensation fund.
S ec. 55. TRegaled.]
Sec. 56. [Amendment of 1923 in effect July 1.]
S f.o . 57 (added 1925, ch. 68). Appeals cwnmisston.—Should an injured em
ployee. or in case of the death of an employee, his beneficiary, feel aggrieved
at any award made by the workman's compensation commissioner, the said
employee, or his beneficiary in case of death, shall have the right of appeal
to a commission, hereby created, to be composed of the governor, who shall be
ex officio chairman, the commissioner of health, and the commissioner of labor.
Either written or oral evidence by the party or parties aggrieved may be sub
mitted to said commission, and after due consideration of the case in contro
versy a majority decision of the aforesaid commission shall be binding on the
workman’s compensation commissioner in the payment of compensation. Ap
peals from the decision of the commission shall lie with the supreme court of
appeals.
WISCONSIN
STATUTES—1923
Workmen's compensation
Section 102.01. Defenses abolished, when.—In any action to recover damages
for a personal injury sustained within this State by an employee while engaged
in the line of his duty as such, or for death resulting from personal injury
so sustained, in which recovery is sought upon the ground of want of ordinary
care of the employer, or of any officer, agent, or servant of the employer, it
shall riot be a defense—
(a) That the employee either expressly or impliedly assumed the risk of the
hazard complained of.
(b) When such employer has at the time of the injury in a common employ
ment 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.
(c) When such employer has at the time of the injury in a common employ
ment 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 102.01.
3. Paragraphs (a), (&), and (c) of subsection 1 of section 102.01 of the
statutes shall not apply to farm labor, except that in determining the number
of employees in common employment of an employer not engaged In farming,
farmers or farm laborers working along with the employees of an employer not
eugaged in farming shall be counted.
Sec. 102.02. Waivers.—No contract, rule, or regulation shall exempt the
employer from any of the provisions of section 102.01.
Sec. 102.03. Remedy exclusive,—Liability for the compensation hereinafter
provided for, in lieu of any other liability whatsoever, shall exist against an
employer 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 employee are
subject to the provisions of sections 102.03 to 102.34, inclusive.
(2) Where at the time of the accident the employee is performing service
growing out of and incidental to his employment.
Every employee going to and from his employment in the ordinary and usual
way, while on the premises of his employer, shall be deemed to be performing
service growing out of and incidental to his employment.
(3) Where the injury is proximately caused by accident and is not inten
tionally self-inflicted.
And where such conditions of compensation exist for any personal injury
or death, the right to the recovery of such compensation pursuant to the pro
visions of sections 102.03 to 102.34, inclusive, and acts amendatory thereof,
shall be the exclusive remedy against the employer 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 sections 102.03 to 102.34, inclusive, had not been
passed, but shall be .subject to the provisions of sections 102.01 and 102.02.
Sec. 102.04. Who are employers.—The following shall constitute employers
subject to the provisions of sections 102.03 and 102.34, inclusive, within the
meaning of section 102.03:
(1) The State, each county, city, town, village, school district, sewer district,
drainage district, and other public or quasi public corporations therein.
(2) Every person, firm, and private corporation (including any public-service
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
551
552
w o r k m e n 's
COM VKNPATTON- T A W S — USTITKD S T A T E S
the employee for which compensation under sections 102.03 to 102.34, inclusive,
may be claimed, shall, in the manner provided in section 102.05. have elected to
become subject to the provisions of sections 102.03 to 102.34. inclusive, and who
shall not prior to such accident have effected a withdrawal of such election, in
tlie manner provided in subsection 1 of section 102.05.
S k c . 1 0 2 . 0 5 (as amended 1025, ch. 171). Election presumed.—1. Such election
on the part of the employer shall be made by filing with the industrial com
mission a written statement to the effect that he accepts the provisions of
sections 102.03 to 102.34, inclusive, the filing of which statement shall operate,
within the meaning of section 102.04, to subject such employer to the pro
visions of sections 102.03 to 102.34. inclusive, for the term of one year from
the date of filing such statement and until the 1st day of July following, and
thereafter, without further aor on his part, for successive terms of one year
each, beginning July 1 of each year, unless such employer shall, at least 30
days prior to the 1st day of July of any year, file in the office of said commis
sion a notice in writing to the effect that he desires to withdraw his election to
be subject to the provisions of sections 102.03 to 102.34. inclusive.
2. If any employer shall at any time after August 31, 1917, have three or
more employees in a common employment he shall be deemed to have Elected
to accept the provisions of sections 102.03 and 102.34. 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:
Pruridcd, Tha.t any employer commencing business subsequent to August 31.
1917, may make his election not to become subject to sections 102.03 to 102.34,
inclusive, at any time prior to becoming an employer of three or more em
ployees in a common employment. Such employer may withdraw from the
provisions of sections 102.03 to 102.34, inclusive, in the manner provided in
subsection 1 of section 102.05. The provisions of this subsection shall not
apply to farmers or to farm labor. Iu determining the number of employees
in the common employment of an employer not engaged in farming, farmers or
farm laborers working along with the employees of an employer not engaged
in farming shall be countcd. Members of partnerships shall not be counted as
employees under this subsection.
3. Any employer who shall enter into a contract for the insurance of the
compensation provided for in sections 102.03 to 102.35, inclusive, or against
liability therefor, shall be deemed thereby to have elected to accept the pro
vision of sections 102.03 to 102.35, and such election shall include farm laborers
and domestic servants if such intent is clearly shown by the terms of the
policy. Such election shall remain in force until withdrawn in the manner
provided in subsect on 1 of this section.
S k c . 102.06. Contractors' employees.—An employer subject to the provisions
of sections 102.03 to 102.34, inclusive, shall be liable for compensation to an
employee of a contractor or subcontractor under him who is not subject to
sections 102.03 to 102.34, inclusive, shall be liable for compensation to an
employee of a contractor or subcontractor under him who is not subject to
sections 102.03 to 102.34, inclusive, or who has not complied with the condi
tions of subsection 2 of section 102.28 in any case where such employer would
have been liable for compensation if 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 .compensation may recover the same from such contractor or
subcontractor for whom the employee was working at the time of the accident
Section 102.06 shall be in force as to all contracts made subsequent to August
31. 1913,
S k c . 102.07. Who are employees.—The term “ employee” as used in sections
102.01. to 102.34. inclusive, shall be construed to mean:
(1)
Every person in the service of the State or of any county, city, town,
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
comity, city, town, village, or school district therein. 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 direc
tion 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 remuneration is received from any other source than the State, or from
TEXT OF LAWS— WISCONSIN
553
such county, city, town, village, or school district, shall for the purposes of
sections 102.03 to 102.34, inclusive, be deemed an official. The State ana any
county or municipality may require a bond from a contractor io protect the
State, county, or municipality against compensation to employees of such con
tractor 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
102.07: Provided, That any policeman or fireman claiming compensation under
sections 102.03 to 102.34, inclusive, shall have deducted from such compensa
tion any sum which such policeman or fireman may receive from any pension
or other benefit fund to which the municipality may contribute: Provided
further, That any peace office other than sheriffs, deputy sheriffs, constables,
marshals, and policemen shali be considered au 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 municipalities
from paying policemen, firemen, and other employees full salaries during dis
ability. nor to interfere in any manner with any pension funds now or here
after established, nor to prevent payment to policemen or firemen therefrom.
(4) Every person in the service of another under any contract of hire,
express or implied, oral or written, including aliens, all helpers and assistants
of employees, whether paid by the employers or employee, if employed with
the knowledge, actual or constructive, of the employer, and also including
minors of permit age or over (who, for the purposes of section 102.08, 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 employers,
unless such employer has, by an affirmative election, In the manner provided in
subsection (1) of section 102.05, specifically elected to include domestic and
other employees under coverage of the act. A working member of a partner
ship receiving wages irrespective of profits from such partnership shall be
deemed an employee within the meaning of sections 102.03 to 102.35, inclusive.
S ec. 102.08 (as amended 1925, ch. 171). Notice.—Any employee, except police
men and firemen, as defined in subdivision (1) of section 102.07 shall be subject
to the provisions of sections 102.03 to 102.34. inclusive. Policemen and firemen
and any employee as defined in subdivisions (4) of section 102.07 shall be
deemed to have accepted and shall, within the meaning of section 102.03, be
subject to the provisions of sections 102.03 to 102.34, inclusive, if at the time
of the accident upon which liability is claimed:
(1) The employer charged with such liability is subject to the provisions of
sections 102.03 to 102.34, 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 102.03 to 102.34,
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 td the provisions of sections 102.03
to 102.34, inclusive, may elect to become subject to the provisions of sections
102.03 to 102.34, 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 102.03 to 102.34, inclusive, shall not 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 writ
ing, have voluntarily accepted the provisions of said sections, and have filed
notice thereof with the industrial commission, and shall not apply to employees
of such common carriers injured or killed while the common carrier and the
employee are engaged in interstate commerce.
(5) Epileptics and persons who are totally blind may elect not to be subject
to the provisions of sections 102.03 to 102.35, for injuries resulting because of
such epilepsy or blindness and still remain subject to the provisions of such
sections for all other injuries.
(6) Except as provided in subsection (5) of this section, any nonelection
by an employee which was procured by his employer as a condition of employ*
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ment, or by solicitation, coercion, or fraud shall be void and shall not affect
the right of such employee or his dependents to the benefits provided by sec
tions 102.03 to 102.35.
S kc. 102.09 (as amended 3925, chs. 171, 384. 405). Compensation benefits; pay
ments; schedule, etc.—Where liability for compensation under sections 102.03 to
102.34, inclusive, exists, the same shall be as provided in the following
schedule:
(1) (a) Such medical, surgical, and hospital treatment, medicines, medical
and surgical supplies, crutches, and apparatus, or at the option of the
employee, if the employer has not filed notice as hereinafter provided,
Christian Science treatment in lieu of medical treatment, medicines and medical
supplies, as may be reasonably required, for 90 days immediately following
the accident, to cure and relieve from the effects of the injury, and for such
additional period of time as 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 necessary 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 on behalf of the employee in provid
ing the same.
(b)
The employee shall have the right to make choice of his attending phy
sician from a panel of physicians to be named by the employer. Where llie
employer has knowledge of the injury and the necessity for treatment, his fail
ure to tender the same shall constitute such neglect or refusal. Failure of the
employer to maintain a reasonable number of competent and impartial physi
cians ready to undertake the treatment of the employee and to permit the
employee to make choice of his attendant from among them shall constitute
neglect and refusal to furnish such attendance and treatment.
(c*) Artificial members furnished at the end of the healing period need not
be duplicated. 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 sub
mit to or follow any competent and reasonable surgical treatment.
(d) 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.
(e) In determining the reasonableness of the size of the medical panel,
the commission shall take into account the number of competent physicians
immediately available to the community in which the medical service is
required, and where only one such physician is available in such community,
the tender of attention by such physician shall be construed as a compliance
with the provisions of this section. In no event shall the employer be required
to maintain a panel of more than five such physicians. In such panel partners
and clinics shall be deemed as one physician. Every employer shall post a
list of the names and addresses of the physicians on his panel in such manner
as to afford his employees reasonable notice thereof.
( f )Whenever in the opinion of the industrial commission a panel physician
has not impartially estimated the degree of permanent disability of the extent
of temporary disability of any injured employee, the commission shall have
the power to cause such employee to be examined by a physician selected by
the commission and to obtain from such physician a report containing his
estimate of such disabilities. If the report of such physician shows that the
estimate of the panel physician has not been impartial from the standpoint
of such employee, the commission shall have the power, in its discretion, to
charge the cost of such examination to the employer, if he is a self-insurer,
or to the insurance company which is carrying the risk.
(2) If the accident causes disability, an Indemnity which shall be pay
able 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:
(a) If the accident causes total disability, 65 per cent of the average weekly
earnings during the period of such total disability.
(b) If the accident, causes partial disability, during the period of such
partial disability such proportion of the weekly indemnity rate for total
disability as the actual wage loss of the injured employee bears to his average
weekly wage at the lime of his injury.
TKXT OF LAWS— WISCONSIN
555
(c) If the disability caused by the accident is at limes total and at times
partial, the weekly indemnity during the periods of ea<*h such total or partial
disability shall be in accordance with said subdivisions (a) and (&), re
spectively.
(d) Said paragraphs (a), (b), and (c) shall be subject to the following
limitations:
First. In case of temporary disability aggregate indemnity for injury to an
employee caused by a single accident shall not exceed four times the average
annual earnings of such employee.
Second. 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:
Third. One thousand weeks for all persons under 31 years of age.
Fourth. For each successive yearly age group, beginning with 31 years, the.
maximum limitation shall be reduced by 18 weeks, until a minimum limit of
280 weeks shall be reached.
Fifth. In case of permanent partial disability aggregate indemnity shall
bear such relation to the aggregate indemnity for permanent total disability as
the nature of the injury bears to one causing permanent total disability.
Sixth. In case where the only permanent disability is covered by the pro
visions of subsections (5) and (6) of this section, such subsection >hall govern.
Seventh. No lump-sum settlement shall be allowed in any case of permanent
total disability upon an estimated life expectancy, except upon consent of all
parties, after hearing and finding by the commission that the interests of the
injured employee will be conserved thereby.
Eighth. Total blindness of both eyes, or the loss of both arms at or near
the 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 commission shall
iind the facts.
Ninth. The weekly indemnity due on the eighth day after the employee
leaves work as the result of the injury may be withheld until ilie twenty-second
day after he so leaves work; if recovery from the disability shall then have oc
curred, such first weekly indemnity shall not be recoverable; if the disability
still continues, it shall be added to the weekly indemnity due on said twenlysecond day and be paid therewith.
Tenth. 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 indemnity
whatever shall be recoverable.
(3) Where death proximately results from the injury and the deceased
leaves a person or persons wholly dependent upon him for support, the death
benefit shall be—
(a)
A sum equal to four times his average annual earnings, but which, when
added to the disability indemnity paid and due at the time of death, shall
not exceed the maximum amount which might have accrued to him for perma
nent total disability if death had not ensued.
(4) If death occurs to an injured employee other than as a proximate
result of the accident, before disability indemnity ceases, death benefit shall
be as follows:
(a) Where the accident proximately causes permanent total disability, it
shall be the same as if the accident had caused death.
(b) Where the accident proximately causes permanent partial disability,
liability shall exist for such benefit as shall fairly represent the proportionate
extent of the impairment of earning capacity in the employment in which
the deceased was working at the time of the accident or other suitable em
ployment, caused by such disability.
(4a) In case the deceased employee leaves no one wholly dependent upon
him for support, but one or more persons partially dependent therefor, the
death benefit shall be such sum as the commission shall determine to represent
fairly and justly the aid to support which the dependent might reasonably
have anticipated from the deceased employee but for the accident, considering
their physical surroundings and conditions. The aggregate benefits in such
case shall not exceed twice the average annual earnings of the deceased;
but, if the deceased has contributed to the support of such dependents during
the year immediately preceding his death, and if four times such contribu
1965°—26------36
556
WORKMEN \s COMPENSATION LAWS— UNITED STATES
tions shall exceed twice the average animal earnings of (he deceased, then the
aggregate benefit may exceed twice the average annual earnings of the de
ceased, but shall not exceed four times such contributions. In no event shall
the aggregate benefits in such case exceed the amount which would accrue to
a person solely find wholly dependent. Where there is more than one partial
dependent the weekly benefit shall be apportioned according to their relative
dependency. The term 44supportf* as used in this section shall include con
tributions to the capital fund of the dependents, for their necessary comfort.
(4m) (a) Where the b* aeficiary under paragraph (a) of subsections (3) or
(4j> of this section is the wife or linsband of (he deceased employee and is
wholly dependent for support, an additional death benefit shall be paid from
the funds provided by paragraph ( /) of this section for each child by the.r
marriage living at tbe i'iir.e of the de»lh oC the employee, and who is 1 kewise wholly dependent upon him for support, such additional benefit to be
computed from the date ol the death of the employee according to the following
schedule:
(&)
For the child 1 year of age or under, a sum equal to the average annual
earnings of the deceased employee. For children iu each successive yearly
age group the amount allowed shall be reduced by one-fifteenth part of such
average annual earnings, with no allowances for any child over 15 years of
age at the death of the employee unless such child be physically or mentally
incapacitated from earning, in which case the commission shall make .such
allowance as the equities and the necessities of the case merit, not more
however than the amount payable on account of a child under 1 year of
age.
(e)
A child lawfully adopted by the deceased employee and the surviving
spouse, prior to the time of the iujury. and a child not his own by birth
or adoption but living with him as a member of his family at the time of
the injury shall for the purpose of this subsection be taken as a child by
their marriage. The provisions of this subsection applicable in the case
of a child 1 year of age or under shall attach in favor of a posthumous child.
(d) Where the employee leaves a wife or husband wholly dependent and
also a child or children by a former marriage or adoption, likcw.se wholly
dependent, aggregate benefits shall be the same in amount as if the children
were the children of such surviving spouse and the entire benefit shall be
apportioned to the dependents in such amounts as the commission shail
determine to be just, considering their ages and other facts bearing on
dependency. The benefit awarded to the surviving spouse shall not exceed
four times the average annual earnings of the deceased employee.
(e) Dependency of any child for the purposes of this subsection shall be
determined according to the provisions of subsection 3 of section 102.11, in
like manner as would be done if there was no surviving dependent parent.
( f ) In each case of injury resulting in death, leaving no person wholly
dependent for support, the employer or insurer shall pay into the iStato
treasury such an amount, when added to the sums paid or to be paid on
account of partial dependency, as shall equal four times the deceased em
ployee’s average annual earnings, such payment to the State treasury in no
event to exceed $1,000. The payment into the State treasury so prov:ded
shall be made in all such cases regardless of whether the dependent-; or
personal representatives of the deceased employee commence action against a
third party as provided in subsection (2) of section 102.29.
{g) The moneys paid into the State treasury pursuant to paragraph ( f >
of this subscction with all accrued interest is hereby appropriated to the
industrial commission for the discharge of all liability for additional death
benefits accruing under this subsection.
(h)
The additional benefits for account of each child shall accrue at the
rate of 10 per cent of the surviving parent's weekly indemnity. The com
mission shall have authority to award such benefits to the surviving parent
of such child, to his guardian or to such other person, bank, or trust company
for his use as may be found best calculated to conserve the interests of
the child.
(/) For the proper administration of the funds available under paragraphs
(f) and (g) of this subsection the commission shall, by order, set aside in
the State treasury suitable reserves to carry to maturity the liability for
additional death benefit.
</). The benefits payable under this subsection when added to the indemnity
paid and due at the time of death and those benefits payable to the surviving
TEXT OF LAWS— WISCONSIN
557
spouse shall not in the aggregate exceed the maximum amount that might
have accrued to the injured employee for permanent total disability if death
had not ensued.
(4n) (a) In all cases where death proximately results from the accident
the employer or insurer shall pay the reasonable expense for burial, not
exceeding $200.
(b)
Death benefit, other than burial expenses, except otherwise provided,
shall be paid in weekly installments corresjKmding in amount to 65 per cent
of the weekly earnings of the employee, until otherwise ordered by the
commission.
(5)
(a) The specific injuries described in the following schedule are
declared to be major permauent partial injuries. The i>ercentage assigned
in such schedule shall represent the relation of the permanent disability in
wage loss caused by such an injury to an employee aged 30 years when com
pared with an injury causing permanent total disability to an employee of the
same yearly age group, namely
Major permanent partial injury schedule
(1) The loss of an arm at the shoulder, 50 per cent
(2) The loss of an arm at the elbow. 42% per cent.
(3) The loss of a hand, 33% per cent.
(4) The loss of a palm where the thumb remains, 22% per cent
(5) The loss of a thumb at the proximal joint, 10 per cent.
(6) The loss of a thumb and the metacarpal bone thereof, 12% per cent
(7) The loss of all the lingers of one hand where the thumb and palm
remain, 14 per cent.
(8) The loss of a leg at the hip joint, 50 per cent.
($)) The loss of a leg at the knee, 42% per cent.
(.10) The loss of a foot at the ankle, 25 per cent.
(11) The loss of the great toe with the metatarsal bone thereof, 8% per
cent.
(12) The loss of an eye by enucleation or evisceration, 22% per cent
(13) Total blindness of one eye, 20 per cent.
(14) Total deafness of both ears, 33% per cent.
(15) Total deafness of one ear, 5 per cent.
(16) Total deafness of se<*ond ear, 28% per cent.
(b)
For the loss of an arm at the shoulder by an employee 30 years of
age and under 31 years the indemnity to be paid for his permanent disability
shall be 50 per cent of such weekly indemnity as would have accrued to him
for total disability for the period of 1,000 weeks.
(bm) For each yearly age group under 30 years the percentage shall be
reduced by two-thirds of 1 per cent, with no reduction below 40 per cent for
the child 15 years or under. For each later yearly age group beginning with
33 the i>ereentage shall be increased by seven-eighths of 1 per cent, with no
increase beyond 85 i>er cent for age 70 group.
(r) For the loss of an arm at the shoulder by an employee of any other
yearly age group the weekly indemnity shall be determined by application of
the percentage allowance developed for such yearly age group to the weekly
indemnity for total disability, and shall l>e r aid for an indemnity to be deter
mined in the manner provided in subsection (2) of this section pertaining to
permanent total disability.
(cm) The weekly indemnity to be paid for the f>ermanent disability resulting
for each of the other schedule injuries *hall bear such relationship to that
payable under paragraph (<i) of this subsection for loss of an arm at the
shoulder as the percentage assigned to such other injury bears to that :is*iirned
to the loss of an arm at the shoulder, and tlie indemnity period shall also be
determined in the manner provided in subsection (2) of this section.
(d) Where injuries to two or more of (lie members specified in the schedule
in paragraph (c) of this subsection produce permanent disability entitling
the employee to compensation for a period in excess of 50 weeks, the injured
employee shall be entitled to have his disability and resultant indemnity
determined on the basis of the foregoing provisions applicable to major per
manent partial injuries. Indemnity in such case shall bear such relation to
the indemnity payable for the most similar injury specified in the schedule
in paragraph (a) of this subsection as the nature of the injury under con
sideration bears to such schedule injury.
558
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i&m) Healing period in case of major permanent partial injuries shall be
compensated for as a liability distinct from that for the permanent disability.
(<In) The industrial commission shall prepare supplemental tables, in which
there shall be extended such figures as may be sufficient to render them con
venient for use in determining indemnity in case of major permanent partial
injuries.
(<?) In cases included in the following schedule of lesser permanent partial
injuries the compensation to be paid for healing period and [permanent disa
bility, computed from the date of amputation or enucleatiou. as the case may
be, subject to the provisions of this act for maximum and minimum payments,
shall be 65 per cent of the average weekly earnings of the employee for the
periods named in the following schedule, to w it:
Leader permanent partial injury schedule
(1) The loss of a thumb at the second or distal joint, 30 weeks.
(2) The loss of an index finger and the metacarpal bone thereof, 50 weeks.
(3) The loss of an index finger at the proximal joint, 35 weeks.
(4) The loss of an index finger at the second joint, 20 weeks.
(5) The loss of an index finger at the distal joint, 12 weeks.
(6) The loss of a middle finger and the metacarpal bone thereof, 40 weeks.
(7) The loss of a middle finger at the proximal joint, 25 weeks.
(8) The loss of a middle finger at the second joint, 14 weeks.
(9) The loss of a middle finger at the distal joint, 8 weeks.
(10) The loss of a ring finger and the metacarpal bone thereof, 30 weeks.
(11) The loss of a ring finger at the proximal joint, 15 weeks.
(12) The loss of a ring finger at the second joint, 9 weeks.
(13) The loss of a ring finger at the distal joint, 6 weeks.
(14) The loss of a little finger and the metacarpal bone thereof, 30 weeks.
(15) The loss of a little finger at the proximal joint, 16 weeks.
(16) The loss of a little finger at the second joint, 10 weeks.
(17) The loss of a little finger at the distal joint, 6 weeks.
(18) The loss of a great toe at the proximal joint, 25 weeks.
(19) The loss of a great toe at the second joint, 15 weeks.
(20) The loss of the second toe with the metatarsal bone thereof, 30 weeks.
(21) The loss of tlie second toe at the proximal joint. 10 weeks.
(22) The loss of the second toe at the second joint, 7 weeks.
(23) The loss of the second toe at the distal joint, 5 weeks.
(24) The loss of the third, fourth, or little toe with the metatarsal bone
thereof, 25 weeks.
(25) The loss of the third, fourth, or little toe at the proximal joint, 8
weeks.
(26) The loss of the third, fourth, or little toe at the second or distal joint,
5 weeks.
(27) For an amputation of a finger tip, thumb tip, or toe tip, involving 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 (ftn) of subsection (5) of section
102.09.
(cm) If in case of any injury specified in paragraph (<?) the healing period
is unusually prolonged by reason of infection or other cause not due to the
neglect or misconduct of the injured employee, then such injured employee shall
be entitled, in addition to the allowance in paragraph (<*) to indemnity for such
portion of his healing period as is in excess of the normal healing period for
such injury.
(en) In case an accident causes more than one permanent injury specified
In paragraph (e) of this subsection to the hands or feet, the disability allow
ance for each additional injury, in the order of the severity of such injuries
from minimum to maximum, shall be increased as follows: For the first addi
tional injury the allowance specified in said paragraph plus 10 per cent, for
the second additional injury, and for each other additional injury, the allow
ance specified in said paragraph plus 20 per cent.
(eo) Whenever amputation of a member is made between any two joints
mentioned in the schedules in paragraphs (a) and (e) of this subsection the
determined loss and resultant indemnity therefor shall bear such relation to the
loss and indemnity applicable in case of amputation at the joint next nearer
the body as such injury bears to one of amputation at the joint nearer the body.
TEXT OF LAWS— WISCONSIN
559
( f ) For the purposes of the schedules in paragraphs (a) and (c) of this
subsection permanent and complete paralysis of any member shall be deemed
equivalent to the loss thereof.
(f m) For all other injuries to the members of the body or its faculties
which are specified in the schedules in paragraphs (a) and (e) of this sub
section 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 these schedules as disabilities bear to those produced by the
injuries named in these schedules. Indemnity in such cases shall be deter
mined by allowing weekly indemnity during the healing period resulting
from the injury and the percentage of permanent disability resulting there
after as found by the commission. For such computation the permanent dis
ability period for injuries named in the schedule in paragraph (e) only of this
subsection shall be taken at 80 per cent thereof.
(fn) If an employee is so permanently disfigured about the face, head, neck,
hand, or arm as to occasion loss of wage, the commission may allow such sum
for compensation on account thereof, as it may deem just, not exceeding his
average annual earnings as defined in section 102.11.
(g) In case of permanent injury included in the schedule in paragraph (c)
only, or paragraph (fm). as applied to said schedule in said paragraph (e)
only, to an employee who is over 55 years of age, the compensation herein
accruing for the permanent disability shall be reduced by 5 per cent; in
case he is over 60 years of age. by 10 per cent: in case he is over 65 years of
age, by 15 per cent; in case lie is over 70 years of age, by 20 per cent; and in
case he is over 75 years of age. by 25 per cent.
(h) Where injury is caused by the failure of the employer to comply with
any statute of the State or any lawful order of the industrial commission, com
pensation and death benefits as provided in sections 102.03 to 102.34, inclusive,
shall be increased 15 per cent.
(i) Where injury is caused by the willful failure of the employee to use
safety devices where provided by the employer, or
(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
(k) Where injury results from the intoxication of the employee, the com
pensation and death benefit provided herein shall be reduced 15 per cent.
(?) Any time after six months have elapsed from the date of the injury,
the commission may order payment in gross or in such manner as it may
determine to the best interest of the parties. When payment in gross is ordered,
the commission shall fix the gross amount to be paid based on the present
worth of partial payments, considering interest at 3 per cent per annum.
(6)
In the following cases special indemnity shall be paid an employee only
from the funds provided for in subdivisions (d). (e) and (f) of this subseetiori
in addition to the allowance provided in subsection (5) of this section, after
cessation of the payments therein prescribed.
(a)
If an employee has previously incurred permanent disability 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 impair
ment 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 mem
ber or organ, an amount sufficient to complete indemnity liability as for perma
nent total disability.
(&)
If, by reason of the loss or permanent impairment of any member 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 employee shall sustain necessary wage loss in excess of that
for which indemnity is provided in subsection (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 acci
dent, such additional amount as shall be necessary to complete indemnity for
such disability period as the nature of the injury bears to one causing perma
nent total disability.
(d) In each case of the loss or of the total impairment of a hand, arm, foot,
leg, or eye, the employer shall be required to pay the sum of $150 into the
State treasury. The payment into the State treasury shall be made in all such
cases regardless of whether the employee, his dependents or personal repre
560
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L A W S — U N IT E D S T A T E S
sentatives, commence action against a third party as provided in subsection
(2) of section 102.20.
O) The moneys paid into the State treasury pursuant to the foregoing
subdivision, with all accrued interest., is hereby appropriated to the industrial
commission for the discharge of all liability for special additional indemnity
.accruing under this subsection.
(jf) For the proper administration of the funds available under subdivisions
(d) and (e) the commission shall, by order, set aside in the State treasury
suitable reserves to carrj' to maturity the liability for special additional in
demnity in each case, and for any contingent death benefit.
(7) When the injury is sustained by a minor illegally employed, compensa
tion and death benefits, as provided in sections 102.03 to 102.35, shall l>e as
follows:
(a) Double the amount otherwise recoverable, if the injured employee is 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 303.05, except as provided in paragraph (&).
(b) Treble the amount otherwise recoverable, if the injured employee is a
minor of permit age and at the time of the accident is employed, required,
suffered, or permitted to work without a permit in any place of employment or
at any employment in or for which the industrial commission acting under
authority of section 103.05, has adopted a written resolution providing tliac
permits shall not be issued.
(<•) Treble the amount otherwise recoverable, if the injured employee is a
minor of permit age. or over, and at the time of the accident is employed, re
quired, suffered, or permitted to work at prohibited employment.
A permit unlawfully issued by an officer specified in section 103.05. or un
lawfully altered after issuance, without fraud on the part of the employer,
shall be deemed a permit within the provisions of this subsection.
(8) In case of liability for the increased compensation or increased death
benefits provided for by subdivision (A) of subsection (5) of this section or in
cluded iu subsection (7) of this section, the liability of the employer >hall he
primary and the liability of the insurance carrier shall be secondary, iu ease
proceedings are had before the commission for the recovery of such increased
condensation 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 (<>
any part, thereof. Any provision in any insurance policy undertaking to
guarantee primary liability or to avoid secondary liability for such increased
compensation or increase [increased] death benefits shall be void.
(0)
Whenever the industrial commission shall certify to the State treasurer
that excess payment has been made under paragraph (d) of subsection \l>) or
under paragraph <f ) of subsection 102.09 either because of mistake or other
wise, the State Treasurer shall within five days after receipt of such certificate
draw an order against the fund in the State treasury into which such excess
was paid, reimbursing such payer of such excess payment together with interest
actually earned thereon.
S ec. 102.10. Rehabilitation.—An employee who is entitled to and is receiving
rehabilitation instruction pursuant to secton 41.215 shall, in addition to his other
indemnity, be paid a sum sufficient to maintain him during rehabilitation, sub
ject to the following conditions and limitations:
(a)
He must undertake the course of instruction within 00 days from the
date when he has sufficiently recovered from his injury to permit of his so
doing, or as soon thereafter as the State board of vocational education shall
provide opportunity for his rehabilitation.
(&)
He must continue in rehabilitation training with such reasonable regu
larity as his health and situation will permit.
(c) He may not have maintenance in excess of $10 per week during train
ing, nor for a maintenance period in excess of 20 weeks in all.
(d) The commission shall determine the rights aud liabilities of the parties
under this section in like manner and with like effect as it does other issues
under compensation.
S ec. 102.11. Computation of earning*; dependent*.—1. The average weekly
•earnings referred to in section 102.09 shall be one-fiftieth of the average annual
earnings of the employee.
TEXT OP LAWS— WISCONSIN
561
The average annual earnings for employees shall be taken at not less than
$•125 nor more than $1,400 per annum. Between said limits such average
annual earnings shall be determined as follows:
(</) If the injured employee has worked in the employment in which he was
working at the time of the accident, whether for the same employer or not,
during substantially the whole of the year immediately preceding his injury,
his average annual earnings shall consist of 300 times the average daily wage
or salary which he has earned iu such employment during the days when so
employed.
(b) 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 substantially 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 in which he was working at such time.
(d) In determining average daily wage, no day during which an employee
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 rhe maximum limitation the average anuual
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 earn
ings on which to compute the indemnity accruing to him for permanent disa
bility shall be determined on the basis of the earnings that such minor, if not
disabled, probably would earn after attaining the age of 21 years. Unless
otherwise established his earnings shall be taken as equivalent to the amount
upon which maximum weekly indemnity is payable.
(f) The fact that an employee has suffered a previous disability or received
compensation therefor shall not preclude compensation for a 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 employ
ment in which he was working at such time, and shall be arrived at according
to and subject to the limitations of the previous provisions of this section.
2. The weekly loss in wages referred to in sectiou 102.09 shall consist of such
percentage of the average weekly earnings of the injured employee, computed
according to tlie provisions of this section, as shall fairly represent the pro
portionate extent of the impairment of his earuiug capacity in the employment
in which he was working at the time of the accident and other suitable employ
ments, 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 wholly
dependent for support ui>on a deceased employee:
(a) A wife upon a husband with whom she Is living at the time of his death.
(b) A husbaud upon a wife with whom he is living at the time of her death.
(c) A child or children under the age of 18 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 tho death of such parent, there being no
surviving dependent parent. Iu case of divorce the charging of the full sup
port 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, tlie death benefit shall be divided between such de
pendents in such proportion 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 deter
mined in accordance with the fact as the fact may be at the time of the acci
dent to the employee; and in such other cases, if there is more than one person
wholly dependent, the death benefit shall be divided between such dependents
562
w o r k m e n ’s
c o m p e n s a t io n
LAWS— UNITED STATES
in siicli proportion as (lie commission shall determine to be just considering
their ages and oilier facts bearing on such dependency, and persons partially
dependent, if any. shall reccivo 110 part thereof; and if there is more than one
person partially de]>ondent, the dentil benefit shall be divided among them’
according to the relative extent of tlieir dependency.
4.
No person shall be considered a dependent unless a member of tlie family
of the deceased employee, o r a divorced spouse who has not remarried, or one
who boars to him the relation of husband or widow, or lineal descendant, or
ancestor, or brother, or sister.
3. Questions as to who constitute dependents and the extent of their deiiendency 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, irre
spective of any subsequent change in conditions: and the death benefit shall
bo directly recoverable and payable to the dependent: 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. No person shall be excluded as a iiej>eiident
who is a nonresident alien.
6. No dependent of an injured employee shall l>e deemed, during the life
of such employee, a party in interest to any proceeding by him for the enforce
ment or collection of any claim for compensation, nor as respects the com
promise thereof by such employee.
Skc. 102.12. Claim.— [Claims for compensation may not be maintained unless
notice was given of the occurrence of the accident within 30 days thereafter.
Notice is to be in writing signed by a claimant or some one in his behalf and
served on the employer, either personally or by registered mail. Any pay
ment of compensation prior to the expiration of such 30 days is equivalent
to notice, and failure or defects do not bar recovery if it is found that the
employer or his representative had actual notice, or if there was no intention
to mislead and the employer was not in fact misled. If no notice is given or
payment made within two years, the right to compensation is wholly barred.
The employer will not be deemed to have been misled until the employee knew
or ought to have known the nature of his disability and its relations to the
employment. The name of the person who may receive reports of injuries must
be posted in one or more conspicuous places about the premises.]
Sec. 102.13. Medical examination*.— IAn employee entitled to compensation
must, on the written request of his employer, submit from time to time to
medical examinations; he may have his own physician present. Refusal or
obstruction suspends proceedings or lights to benefits during its term; if
refusal is to an order of the commission or a member, the right to weekly
indemnity aceuring and becoming payable during the period is barred. Any
physician attending an employee in a professional capacity may be required
to testify before the commission. Testimony as to conditions determined
from an autopsy may be rejected if it appears that the party offering such
testimony failed to notify at least one party in adverse interest or the industrial
commission after the autopsy at least 12 hours before it took place, or if
the autopsy was performed by or at the direction of a coroner for purposes
other than those authorized by chapter 200 of the statutes, findings may be
withheld until an autopsy is held in accordance with the directions of the
commission.]
S ecs. 102.14, 102.15, 102.16 (as amended 1925, ch. 171), 102.17, 102.18. Pro
cedure.— [The compensation is to be administered by the industrial commission,
a majority of which constitute a quorum. The commission may adopt its
own rules of procedure, employ expert examiners, deputies, clerks, and other
employees as it may deem necessary. It has a seal with which to authenticate
its orders, etc. Disputes and controversies are to be submitted to it. and
compromises are subject to review, dismissal, modification, or confirmation
within one year from the dale of filing with the commission; it also has
jurisdiction over medical and hospital bills or disputes.
No employer under the act may receive or deduct from the wages of any
employee any sum for the purpose of discharging his liability under the
act, not sell to the employee or require him to purchase medical or hospital
tickets or contracts for treatment required to be furnished by tlie employer.
When any application is filed with the commission with regard to contro
versies. a copy of the same must be mailed to all parties in interest, and time
for hearing set at such places as the commission shall designate. Parties
TEXT OP LAWS— WISCONSIN
563
may appear in person or by attorney or any other agent. The commission
may, with or without notice to either party, collect testimony to be taken
or inspection had of the premises, time books, and pay rolls of the employer,
and may direct claimants to be examined by a physician. It may 011 its own
motion provide for a hearing if it has reason to believe that the liabilities
fixed by the act have not been discharged, and make such findings and award
as it might have made in proceedings on application of either party.
The commissioner or any member or examiner may issue a subpwna, admin
ister oaths, compel the attendance of witnesses and the production of books,
papers, or records. Orders may be secured from tlie circuit court of the
county to compel the attendance, etc. In all proceedings on claims for com
pensation against the State the attorney general or an assistant may appear
on behalf of the State.
After final hearing the commission must file its findings on the facts and
enter its award. Pending final action it may make interlocutory findings
or awards. The final order may include a penalty for noncompliance with
any interlocutory order, if not in good faith, not exceeding 25 per cent of the
amount not paid as directed. The commission may on its own motion modify
or change its orders within 20 days if any mistake is discovered.]
S e c . 102.19. Aliens.— rThe consular officer of a country in which dependent
nonresident alien beneficiaries reside is to be sole legal representative of
deceased employees leaving such dependents, except as otherwise determined
by the industrial commission, and payment to such officer or agent is a full
discharge of the benefits payable under the act. Good and sufficient bond
may be required, conditioned on the proper application by such consular
officer of all moneys received by him.]
S ecs . 102.20-102.28. Enforcement; status of awards; insurance.— [Either
party may present a certified copy of an award to the circuit court which shall,
without, notice, render a judgment accordingly, which shall have the same ef
fect as those rendered in an action before the court unless set aside by action
for review taken within 30 days. If the award is against a municipality, pay
ment must be made by the treasurer, unless appeal shall be taken within 20
days. If the sum awarded is not paid when due, payments bear interest at the
rate of 6 per cent per annum, but if unexcusable delay is found, the payments
affected are to be increased by 10 per cent. If the delay is chargeable to the
employer and not to the insurer, the provisions of subsection (8) of section
102.09 apply.
If action for review is taken, the ground must be stated and service made on
the secretary of the commission or any member thereof. Provision is made for
answer and hearings, and any judgment theretofore rendered may be set aside
only on grounds of action without or in excess of the powers of the commis
sion, that the order was procured by fraud, or that the Andings of fact did not
support it. Irregularities or errors not affirmatively shown to cause damage
will be disregarded. If an order is set aside, the case may be recommitted
to the commission or the court may enter judgment, as the nature of the case
shall demand. Appeal may be taken from the order of the court as provided
in other cases except that the undertaking required by section 3052 of the
statutes is not necessary. Any decision rendered must be promptly furnished
the commission by the clerk of the court. No fees may be charged by the clerks
of the courts except for docketing judgments and for certified copies of tran
scripts. Costs as between the parties may be allowed or not in the discretion
of tlie court, but none may be taxed against the commission. Contingent fees
or fees in excess of 10 per cent of a compromised claim, or fees in excess of
$100 may not be collected unless previously authorized by the commission. The
limitation as to contingent fees applies to combined charges of all parties
knowingly combining their efforts toward ihe enforcement or collection of any
compensation claim.
Awards equal to or exceeding $100 must be made payable to the claimant in
person; but the commission may fix the amount of attorneys’ fees and provide
for their payment direct to the person or persons entitled thereto.
Claims are not assignable before payment, but this provision does not affect
their survival; nor may claims be taken or held for debts. Claims for compen
sation for injury, or any award or judgment thereon, and claims for unpaid
compensation insurance premiums have the same preference in bankruptcy or
insolvency as wage debts for labor, but this may not impair the lien of any
judgment entered on an award.
564
W O R K M E N ^ COMPENSATION LAWS— UNITED STATES
Employers under the act must insure the payment of compensation in an au
thorized company unless exempted by the industrial commission on grounds of
financial ability to pay the same. The commission may at any time require a
further statement of such financial ability and may revoke its order granting
exemption from insurance on 10 days* notice for financial reasons, or for faHure
of the employer to faithfully discharge his obligations as agreed. The commis
sion may also require the employer to furnish such security as it may consider
sufficient to insure the payment of all claims. Failure to comply with the pro
visions as to insurance is a misdemeanor, each day constituting a separate
offense. If the employer's liability continues uninsured, he may be required
to show cause why he should not be restrained from employing any person in
his business pending proceedings, or until he shall have satisfied the court that
he has complied with the provisions as to insurance. Judgments and forfeitures
are to perpetually enjoin the employer from employing any person in his busi
ness at any time during noncompliance. If compensation is* awarded during
such noncompliauce the employer is not entitled to any of the exemptions of
property from seizure and sale on execution allowed in sections 2982 to 2984a,
Wisconsin statutes. The officers and directors of corporations are individually
and jointly and severally liable for any unsatisfied portion of any judgment
after execution against a corporation.
Employers must, on request of the industrial commission, report to it tlie
number of their employees, the nature of their work, and the name of the
insurance company with whom insured with number and date of expiration
of tlie policy. Failure to make such report within 10 days after request constilutes presumptive evidence of a violation of the provisions as to safety
insurance. J
Sec. 102.29 (as amended 192r>. ch. 384). Third party liability.— [Where
right of action lies against a third party, the making of a lawful claim
against the employer or insurer operates as an assignment of such cause of
action, which may he euforced in the name of the employer or insurer for
their benefits. Any excess recovery, less costs, goes to the beneficiary, and iu
no event shall such beneficiary receive less than one-third of tho amount
recovered from a third party less the reasonable cost of collection. Settle
ments of such claims and the distribution of the proceeds must be approved by
the court or if no litigation is pending, by the industrial commission. If the
employer or insurer fails to pursue his remedy against the third party within
90 days, the beneficiary may act, accounting for the proceeds as above. •The
beginning of action by an employee or his dependents operates as a waiver
of jiny claim for compensation, and the amount accruing to any dependent
from any recovery by the personal representative from a third party dis
charges in equal amount the liability for compensation. The employer or
insurer also has right of action against the third party for reimbursement for
funds paid into the State treasury in cases of injury resulting in death, leaving
no dependents, or of loss or total impairment of an arm, foot, leg, or eye, as
provided in section 102.09. The provisions of this act are not a bar against
the maintenance of a civil action against physicians or surgeons for malprac
tice in addition to taking compensation, but the amount received as comi>ensuti‘ *n shall be deducted from the damages due to the malpractice.]
Sues. 102.30. 102.31. Insurance.— [The provisions of this compensation act
are not to affect the organization of any insurance company or an existing
contract for insurance or right to insure against employers’ liability, or that
for compensation provided by the act, or to make other arrangement for bene
fits in addition to the compensation provided by the act: but the liability
therein provided shall not be reduced or affected by any insurance or benefit
system, and persons entitled to compensation under the act may recover the
same directly from the employer irrespective of any insurance or other con
tract and may also proceed directly against an insurance company under its
contract, but any payment by the employer or the company is a bar to that
extent to recovery against the other. The failure of the employer to do or
refrain from doing any act required by the policy is not a defense to the
company against the claim of an injured employee or his dependents. Insur
ance contracts covering the compensation herein provided are deemed to be
made subject to the provisions of the act and to claimant full coverage of all
liability thereunder unless by written order of the industrial commission a con
tract of insurance for a part of the liability has been consented to. Contracts
may r.ot l>e written for less than a term of one year and may not be canceled
until 10 days after service of notice unless other insurance coverage is pro
TEXT OF JAWS— WISCONSIN’
56o
vided. Compnnies must be approved before any insurance Is written, and the
commission may examine its books and records at any time, failure emailing
revocation of license to do business in the State. Companies writing compensa
tion insurance must make annual reports of their business to the industrial
commission.]
Sec. 102.82. Lump .sum*.— [Where compensation payments have extended or
will extend over a period of six mouths or more, discharge from future pay
ments may be made by deposits at present value of the total unpaid amount
with a designated bank or trust company on a 3 per cent interest discount
basis, or by purchasing an annuity from a licensed company, or by a lump
sum payment on a 3 per cent discount basis approved by the commission. If
the time for making payments or the amount thereof can not be definitely
determined, a bond or other satisfactory security may be given for the payment
o f such compensation as may l>e due or become due. In lieu of a bond a
deposit may be made of the maximum amount that may reasonably become
payable, but if this does not fully protect, the compensation insurer or insured
employer, as the case may be, is still liable to the beneficiary.]
Skc. 102.33. Rlavk forms.— [The commission is to supply necessary blank
forms, maintain proper record books, and cause notice of employers subject to
the act to be given to employees as the commission may deem most effective.
Employers rejecting rlie net must post and maintain notices of that fact on
their premises as the commission may require.]
Sec. 102.34. Set enihility.— [This section treats of the severability of certain
provisions, so that their failure does n^t affect other parts of the act.]
Sec. 102.35. Occupational discates.—The provisions of sections 102.01 to
102.34, both inclusive, are extended so as to include, in addition to accidental
injuries, all other injuries, including occupational diseases, growing out of and
incidental to the employment.
Seo. 102.30. Record of accidents.—Every employer of three or more persons
shall keep a record of all accidents causing death or disability of any employee,
which record shall show such facts in regard to the accident; and the person
disabled as the industrial board may require: said record to be kept in a book
in such form as the industrial accident board may prescribe.
Sec. 102.37. Same. Insurance companies.—Every casualty insurance com
pany, mutual corporation, benefit society, or other person which indemnifies
any employer against liability for or on account of any injury of an employee,
shall keep a record of all accidents causing death or disability of any such
employee, which record shall show such facts in regard to the accident and
the person disabled as the industrial accident board may require; said rec
ord to be kept, in a book iu such form as the industrial accident board may
prescribe.
Sec. 102.38. Monthly reports.—Within the first five days of each ami every
month and at such other times as may be required by the industrial accident
bonrd, every employer of four or more persons and every casualty iusut auce
company, mutual corporation, benefit society, or other person which indemnifies
any employer against liability for or on account of injury to an employee,
shall furnish a report to the industrial accident bonrd, which shall contain a
copy of (‘very entry made in said record book during the preceding month, and
such other facts in regard to the employees as may from time to time be
required by said industrial accident board.
Sec. 102.39. Inspection of records.—Such record book shall be open at all
times to the industrial accident board or any member thereof, or any examiner
appointed thereby. Any statement contained in any such record or report shall
not be admissible as evidence in any action arising out of the death or acci
dent report ed.
Sbc. 302.40. Blanks, eic., to be furnished.—Every employer and every casualty
insurance company, mutual corporation, benefit society, or other person which
indemnifies any employer against liability for or on account of any injury of
an employee shall, upon request, be furnished by the industrial accident bonrd
with a book in which such record may be kept, and blanks for making the
rejM>rts hereinbefore specified.
Seo. 302.43. Penalty.—Any person, casualty insurance company, mutual cor
poration, or l>enelit society that violates any of the provisions of seerions
102.3G to 102.41, inclusive, or neglects or fails to furnish reports required to be
furnished under said sections, shall forfeit the sum of $50 for each such viola
tion or neglect or failure to furnish such report.
WYOMING
CONSTITUTION
A r tic le
10.—Employera' liability—Workmen's compensation
Section 4 (as amended 1014). [The amount recoverable for injury or death
may not be limited, nor is any waiver valid. As to all extrahazardous employ
ments, the legislature may establish a fund for the payment of compensation to
injured employees and their dependents, except where the injury is due solely
to tlie culpable negligence of the injured employee. The right to such compen
sation is in lieu of any other right of recovery.]
COMPILED STATUTES—1020
Workmen's compensation
4315. Title.—This chapter shall be known as the “ Workmen’s com
pensation law.”
S ec. 4316. Compensation payable.—Compensation herein provided for shall
be payable to persons, injured in extra-hazardous employment, as herein de
fined, or 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. Said compensation shall be payable from funds in the State treas
ury to be accumulated and maintained in the manner herein provided. The
right of each employee to compensation from such funds 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 such person or
persons by reason of any such injury or death. [Conflicting laws repealed.]
S ec. 4317. Remedy exclusive.—The rights and remedies provided in this
chapter for an employee 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 chapter for the payment of com
pensation and tlie amount thereof for injuries sustained or death resulting
from such injuries shall be exclusive, compulsory, and obligatory upon both
employers and employees coming within the provisions hereof.
Sec. 4318 (as amended 1921. ch. 138; 1923, ch. 60). Extra-hazardous occu
pation*.—The extra-hazardous occupations to which this chapter is applicable
are as follows: Factories, garages, mills, printing plants, and workshop* where
machinery is used; foundries, blast furnaces, mines, oil wells, oil rellneries. gas
works, natural-gas plants, waterworks, reduction works, breweries, elevators,
dredges, excavations, transfer companies, general teaming, general trucking,
smelters, powder works, laundries operated by power, quarries, engineering
works, logging, lumberyards, lumbering and sawmill operations, street and
intcrurban railroads not engaged in interstate commerce, buildings being con
structed, repaired, moved, or demolished; painting and painting operations, tele
phone, telegraph, elect rie-light or power plants or lines, steam-heating or power
plants, railroads not engaged in interstate commerce, bridge building, the occu
pations of city or town firemen and city or town policemen, and all employments
wherein a process requiring the use of any dangerous explosives 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 extra-hazardous 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 chapter shall not apply in any
case where the injury occurred before this chapter takes effect, and all rights
which have accrued by reason of any such injury prior to the taking effect
of this chapter shali be saved the remedies now existing therefor.
Sec. 4310 (as amended 1023, ch. 60). Occupations exempt.—This act [chapter]
shall not l>e construed to apply to business or employments which, according
to law, are so engaged in interstate commerce as to be not subject to the legis
566
S ection
TEXT OF LAWS— WYOMING
567
lative power of the State nor to persons injured while they are so engaged,
nor to any employee engaged in domestic service, ranch, farm, agricultural, or
horticultural labor, or stock raising, or any person holding an appointment as
sheriff or deputy sheriff, or constable or deputy constable.
Sec. 4820 (as amended 3921. ch. 388; 1928, ch. 60). Definitions.—In this
chapter, unless the context otherwise requires—
(<i) “ Factories” mean any premises wherein power is used in manufacturing,
making, altering, adapting, ornamenting, finishing, repairing, 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, lime-burning plant, stucco plant, steam-heating plant, electriclighting 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 cur
rent, and water-power plant, including towers aud standpipes, power plant,
blast furnaces, paper mills, printing plant, flour mill, glass factory, cement
plant, artificial-gas plant, machine or repair shop, oil plant, oil-reiinery plant,
and chemical manufacturing plant.
(6)
“ 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 process of making, altering, repair
ing, 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 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, saw
mill, sash factory, or other work in the lumber industry.
(d) “ Mine" means any opening in the earth for the purpose of extracting
iron, oil, coal, or other minerals, and all underground workings, slopes, drifts,
shafts, galleries, wells, and tunnels, and otiter ways, cuts, and 0]>enings con
nected therewith, including those in the course of being opened, sunk, or driven,
and includes all the appurtenant structures or machinery at or about the open
ings of the mine, and any adjoining 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.
( f ) “ Building work” means any work in the erection, construction, exten
sion, decoration, alteration, repair, or demolition of any building or structural
appurtenances.
(ff) “ Engineering work" means any work in the construction, alteration,
extension, repair, or demolition of a railway (as hereinbefore defiued), 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 buildings, moving safes, or in laying, repairing, or removing
underground pipes and connections, the erection, installing, repairing, or re
moving 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 municipality, county, person, or body of per
sons, corporate or incorporate, and the legal representatives of a deceased em
ployer or tbe receiver or a trustee of a person, corporation, association, or
partnership.
Sec. 4821 (as amended 1921, eh 188; 1923, ch. 60). Same.— (/) “ Workman 99
means any person, who has entered into the employment of or works under
contract of service or apprenticeship with an employer, exccpt a person whose
employment is purely casual 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 tbe business, or one holding an official position. The term “ workman ”
shall include “ employee” and the term “ employee” shall include “ work
men” 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,
568
W OBKM EN
’s
COMPENSATION U\WS— tJMITED STATES
or to his legal representative or where the workman is a minor or incompetent
to his guardian or next friend.
U) “ Dependent families” as used in this chapter means such members
of the workman’s family, as were wholly or in part actually dependent upon
the workman for supi>ort at the time of the injury; if it lie shown that the
surviving spouse wilfully deserted deceased without fault upon the part of
the deceased, such surviving spouse will not be regarded, as a dependent
i»i any degree. No surviving spouse shall be entitled to the benefits of this
chapter unless he or she shall have been married to the deceased at the time
of the injury.
(7c) “ Child or children” means boys under 1C years of age and girls under
18 years of age (and over said age. if physically or menially incapacity led
from earning) and shall also include legitimate children of the injured work
man born after his death from injury. In other cases questions of family
deptaidency in whole or in part shall be determined in accordance with the
fact, as the case may l»e at the time of the injury; the foregoing definition
of “ dependent families ” shall not include any of the i>ersons named, who
an* aliens residing beyond the jurist! id ion of tbe United Stales of America,
except a surviving widow, or boys under 1C years of age or girls under 18
years of age, or parent or parents, and as to such nonresident aliens the rate
of compensation shall not: exceed 333/& per ceut of the rates of compensation
herein provided.
(7)
The words “ Injuries sustained in extra hazardous employment.” as used
in this chapter, shall include death resulting from injury and injuries to em
ployees 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 whiie at work in places where their employers’ business requires
their presence and subjects them to extra-hazardous duties incident to the
business, but shall not include injuries of the employees occurring whiie 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
lvax.ns personal to such ^no^oyee or because ol‘ his employment; ijoi* a disease,
except as it shall directly result from an injury incurred in the employment.
nt)
I n v a lid '* moms one who is physically or mentally incapacitated from
earning wages.
Set. 4322. Guardians.— [Guardians may act in behalf of any injured work
man who is a minor or mentally Incompetent, and no limitation runs against
such workman so long as he has no guardian.]
S e o . 4323. Third party liability.— [ I f a n e m p l o y e e ' s i n j u r y
is d u e to t h e
n e g lig e n c e
of
a
th ir d
p a rty ,
th e
e m p lo y e r
is
exem pt
u nder
th is
act
and
th e
a r e m e d y a t la w a g a in s t t h e th ir d p a r t y .]
Sbo. 4324. Waivers.— [Contracts or rules relieving the employer of liability
under this chapter are void except; as herein provided.]
Skc. 4325 (as ameuded 1921, ch. 138: 1.923, ch. 60). Forms, etc.— [The State
treasurer is to print and supply blank form* necessary for the administration
of the law, to keep records required by the provisions of the chapter, and
must also prepare and distribute instruct i'.n.; to assist the injured workman in
correctly making claims for compensation.]
Skc. 4326 (as amended 1923, ch. 60; 1925. ch. 124). Reports of accident*.—
[Accidents to employees in the extra-hazardous employments defined by this
chapter must be reported by the employer and the injured employee or some
one in his behalf within 20 days to the oflice of the clerk of the district court
of the county, giving data as to the employee, his status, the nature of the
employment and of the injury, etc. The employer’s report may be on a printed
form and must, be verified as pleadings in civil actions. Willful failure or
neglect to report is a misdemeanor.
The employee’s report may also be on forms supplied for the purpose, and
no claim is enforceable unless filed by the injured workman or someone in his
behalf with the clerk of the district court of the county within six months
from the date of injury, unless the employee has filed a report of the accident
within the prescribed time, in which case the period of limitation is nine
months.]
S e c s . 4327. 4328 (as amended 1925. ch. 124), 4329. Procedure.— [On receipt
of a notice of injury by the clerk of the district court of tlie county it is his
duty to at once notify the judge of the fact. The judge is thereupon to inves
e m p lo y e e is le f t to
TEXT OF LAWS— WYOMING
569
tigate in such manner as ho may deem necessary to ascertain the nature of
the case and whether there is a dispute as to the right of the workman to
receive compensation, and if no dispute, as to the amount of the settlement
and whether free from collusion; if satisfactory, payment of compensation may
be ordered accordingly. If there is a dispute, hearing is to be had, notices
being served by the sheriff without expense to either party except actual
traveling expenses. A jury trial may be demanded by either party if the
employer alleges that the injury was due wholly to the culpable negligence of
the injured employee or that the claim was not within the terms of the law.
The claimant is to he represented by the county and prosecuting attorney or
other competent attorney appointed by the court. Witnesses are allowed the
same fees as in civil actions, these being the only costs, jury costs being paid
from the accident fund if the verdict is in favor of the employer; but if against
the employer, he shall pay such costs. The court or judge may appoint an
impartial physician to examine the claimant and give testimony, allowing a
fee of $5. with mileage allowed unless otherwise ordered. Either party may
have present n qualified physician at such examination who shall give testi
mony at the hearing or investigation. Any order made by a court or a judge
011 investigation and hearing is reviewable by the State supreme court on
proceedings in error, if petition is made within SO days. The court granting
an appeal to an employer from an order of award must allow stay payments
until the appeal is finally determined on such terms as seem to It just and
proper.
Orders are to be entered by the clerk of the court and copies forwarded to
the State auditor and State treasurer, whereupon warrant will issue for the
payment of compensation awards against the industrial accident fund.]
S ecs . 4330 (as amended 1021. ch. (15). 4331 (as amended 1023. ch. 00: 1025,
ch. 124), 4332. 4333 (both as ameuded 1023. cli. 00). Industrial accident fund.—
[An industrial accident fund is provided for, to be held by the State treas
urer. and to consist of two distinct funds, one to be known as the general fund
and the other ns the reserve fund. The first is for the payment of awards
claims, and items of expenses: the second not to be used for such payments un
less the general fund is nt the rime insufficient, in which cas** t?an.Ti»r will he
made from the reserve fund of a sufficient sum *o meet im»n'*dj:He demands.
An amendment of 1019 sets aside $300,000 for the reso!*ve fund, to which 25
per cent of the excess of receipts over expenditures is lo be added at the end
of each month.
Employers engaged in the occupations covered by the act must pay 1 V± per
cent of the employees’ wages monthly into the industrial accident fund. Sepa
rate accounts are to be kept of the amount received from each employer and
of all amounts paid from the fund on his Account n< awards and injurU-s,
medical and hospital costs, and costs of investigations and witness fees.
Monthly contributions are to continue unless an employer’s account, after the
above deductions have been made, equals 2 per cent of his annual pay roll for
his workmen covered, and is likewise not less than $3 000. Tf an emp'oyorV*
account is overdrawn he must pay monthly a sum. including the payments as
above specified, equal to 4 per cent of the monthly earnings of his workmen in
extra-hazardous employments until the overdraft is paid. A copy of the pny
roll must be furnished the State treasurer, covering the current calendar
month, sworn to by the employer or a person having knowledge of the pay roll.
An employer discontinuing extra-hazardous occupations must notify the State
treasurer. Failure to comply with these requirements is a misdemeanor.
The State treasurer may appoint inspectors for the purpose of enforcing the
cost of premiums, and failure or refusal to pay an assessment subjects the
employer to a fine of not more than $500 besides a suit for the coat of the
assessment, judgment to be in double the amount of the pay-roll assessment of
costs.]
Sec. 4334 (ns amended 1021. ch. 138: 1923. ch. 60: 1025, ch. 124). Compcn*a<tion; schcffvle of benefits.—Each employee who shall be injured in any of the
extra-hazardous 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 lien of and taking the
place of any and all rights of action against any employer contributing, as
570
w o r k m e n 's
c o m p e n s a t io n
law s—
UNITED
states
required by this chapter to the industrial accident, fund in favor of any person
or persons by reason of any such injuries or death:
(a) “ Permanent partial disabilitym eans the loss of either one foot, one
leg, one hand, one arm, one eye, or the sight of one eye. one or more fingers,
one or more toes, any dislocation where the 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-------------------------------------------------------------2()0
For the1 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 tbe 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 sears or injuries)
which makes the fingers more than useless the same amounts apply to such
finger or fingers (not thumb) as given above.
Tbe loss of a third or distal phalange of the thumb shall be considered
to be equal to the loss of one-half of such thumb; the loss of the more than
one-half of such thumb shall be considered to be equal to the loss of the
whole thumb.
The loss of a third or distal phalauge 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: Provided, however,
That iu 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-third's 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 disability
the workman shall receive a lump sum in the amount proportioned to the
extent of such permanent partial disability based as near as may be upon
the foregoing schedule.
(h)
“ Permanent total disability” means the loss of both legs or both arms,
total loss of eyesight, paralysis or other condition permanently incapacitating
the workman from performing any work at any gainful occupation. Where
there has been a previous disability, as the loss of one eye, or the sight
1hereof, one hand, one foot, or any other previous permanent disability, the
percentage of disability for a subsequent injury shall be determined by de
ducting therefrom the percentage of the previous disability, as it existed at
the time of the subsequent injury. When permanent total disability resulted
from the injury the workman shall receive a lump sum of $4,000. If the
workman have a boy or boys under 16 years of age, or girl or girls under 18
years of age, the guardian of such child or children, appointed as hereinafter
provided, shall receive for the use and benefit of said child or children a lump
sum of $120 per year for each boy under 16 years of age until the time when
each of said boys shall become 16 years of age, and, a lump sum of $120 per
year for each girl under 18 years of age until the time when each of said girls
shall become 18 years of age: Provided. That the aggregate lump sum paid to
said guardian shall in no case exceed $4,000, and any and all awards made on
account of any such child or children shall be disbursed under a proper
guardianship to be created by the court or judge making such award.
SHEXT OF LAWS— WYOMING
571
io) u Temporary total disability” means an injury which, though it may
result or does » suit in a permanent total or partial disability, temporarily
incapacitates Abe injured person from performing any work at any gainful
occupation Jbr the time, but from which injury such person may recover by
medicaL/Or surgical treatment -and be able to resume work. In such, cas^
if the workman be unmarried at the time of the injury he shall receive the
sum of $50 per month so long as the total disability shall continue. I f he
hicre^ajn^fe with whom.he is living at the time of the injury, ,be jshall receive
$60' per month, and if he have children under 16 years of age, he shall receive
$7>&0 per month for each child under 16 yearsof age, hut the total monthly pay
ments shall not exceed $90 per montnT No compensation except the expense of
medical attention shall be allowed for the first 7 days of disability, unless the
ineapacity-extends. beyond the period of 21. days,, huwhich .case, the compensaH()i/«liall. run from the time of the injury. -As;soon .-as*recovery Is se^tioinprore'thaEt' the earning power of the-workmrootany^ktlid'of work* is.reetored,
the payments shall cease, but in tta~e*»*^a&t&ti*t6tal payments, made in such
cuse^excSed.in the:aggregate/tti&lump-sum amount herein specified to be paid
an7injured ■workn&n for injuries causing permanent total*disability
(c i)ln all cases of temporary total disability, permdnerit pai$tal?>disability,
and permanent total,disability the expense.ol medical ^attention and -care* Ul
hospital .oL:the.^injured, workman shall be paid from date-of said: injury, the
expense '6i medical attention not to'exceed $150.in any case* and the: expense
of; care iq. hospital not to* exceed $150 in : any. case, juiless'.'under. .general
arrangement the workmag ls entitled'to medical attention and care In' hospital
or. the employer furnisher adequate and proper medical attention and hospital
facilities to his employees provid ed ,- howevert That no Mil or fee for medical'
attention qr. care In hosgflni shall be‘ allowed or* paid without notice^.to&the
employer and' a.Jiearitf^Bk-equested by .said employer. The^State treasurer
shall have the powdW oestablish a schedule fixing the fraa far- whlnh
t
medical, surgical, hospital, or other legalized forms of- treatment . rendered
to employees under , this, section shall b e ’compensated.' -Each physician or
surgeon attending a workman injured while engaged in an extra-hazardous
occupation shall file with the clerk of the court of-the-county within whi£h
such injury occurred and with the State treasurer, .under rules; to be pre
scribed, the nature of the injuries to such w orkm an Provided, That such
report shall not be required unless the disability resulting from such injury
lasts .through the day o f the injury or required medical services other than
the ordinary first-aid treatment. Any physician, or surgeon failing to file
any report as herein provided shall, be punishable by a fine of not more
than $50. Where death'results from the injury the expense of burial shall
be paid, not to exceed $150 in any case, unless other arrangements exist between
employer and employees under agreement.
(1) But If the workman leaves a widow or invalid widower, to whom
she or he had' been regularly married by a marriage duly solemnized by a
legal ceremony, such surviving spouse shall receive a lump-sum payment of
$2,000: Provided, That If it be shown that the surviving spouse willfully
deserted deceased without fault upon the part of the deceasedr such surviving
spouse shall not be regarded as a dependent in any degree, but in such case
the right of boys under 16 years of age and girls under 18 years of age
to compensation shall not be defeated. I f said workman leaves a surviving
boy or boys under. 16 years of age or girl or girls under 18 years of age,
the guardian of such child or children, appointed as hereinafter provided,
shall receive for the use and benefit of said child or children a lump sum of
$120 per year, and each surviving boy under 16 years of age until the time
when each of said surviving boys shall become 16 years of age, and a lump
siim of $120 per year for each surviving girl under . 18 years of age until the
time when each of said surviving girls shall become 18 years of age: Provided,
That the aggregate lump sum paid to said guardian shall in. no case exceed
$3,600. In all cases where an order .of compensation Is made on account
of boys under 16 years of age, or girls under 18 years of age, or both, ox
.to persons incompetent, said funds shall be disbursed under a proper guardian
ship to be created by the court or judge making such an order.
(2) I f the injured workman die during a period of temporary total disa
bility and after receiving compensation therefor, as herein provided; and hia
death be shown to have resulted from such injuries, the total amount of pay
1965°— 26—— 37
572
WORKMEN'S COMPENSATION LAWS— UNITED STATES
ment in excess of $2,400 received by. him during sncb disability ana prior to
his death shall be proportionately deducted from the lumpSamounts herein
provided to be paid to the surviving widow and the guardiaiKjof the work*
man’s boys under 16 years of age and girls under 18 years of age.
(3)
If the workman leaves no widow, or widower, or. boy under the,age of
10 years, or girl under the age of 18 years, but leaves *a parent or parents'sur
viving, such surviving parent or parents shall cteoelve a ! lump sum of. $1,000:
Provided, A parent or parents who are honvesIdait"aliens shall receive a lump
sum of one-third of $1,000.
•Sec. 4335. Refusing treatment.—If any-injured employee shall persist in ufr
sanitary orvInjurious 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 com
pensation under this act [chapter]*;* and where an Injured employee, is under
care and treatment of a physician he shall* not hie permitted To personally
receive or-use* any compensation/payments allowed him under thifrEghapter,
except upon the order'pf such.pliysician,; bui-such payments shall be ^fbheTd;
and delivered' t6*such inta^4winflnttah“ tipon his' reroj^ry
by
such physician.
•Seo. 4336b AssigmHenis, ettt—No moner paid or oayable under this chapter
trat of the industrial accident fend.shall, prior to Issuance and delivering the
warrant-therefor, be capable of being assi^edf-d iir g e d ,o r ever-Kfe takenvln
executionor attached or garnisheed, or shall the Hmme pass to any other person
by operation of law afty such assignment or charge^shall be td d .
Sec. 4337. Minore.-~A minor working at an age legally permitted under the
laws o f this State shall be deemed sul Juris for^fte purpose of'this chapter,
ahd'no other person shall have any'cause of actjBfeo^right to compensation
for injury to sugh minor workman, except a s - p r o v i d e d in this
event of a lump-sum payment becoming due under this
chapter to such minor workman, tbe management of same shall be within
the probate jurisdiction o f the courts, the same as any other properties o f
minors.
' S eo. 4338. Public icork.—Whenever the . State; county, or any municipal
corporation shall engage in any. extrahazardous work in which workmen
are employed for wages, this chapter shall be applicable thereto. The em
ployer's payments Into the Industrial accident fund shall be made from the
treasury of the State, county, or municipality. I f 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 performance the required payment into the accident fund shall
be subject to the provisions of this chapter and the State for its general fund,
the county or municipal corporation shall be entitled to collect from the con
tractor the full amount payable to the Industrial accident fund and the con
tractor In turn, shall be entitled to collect from the subcontractor his propor
tionate amount of payment; the provisions of this section shall apply to all
extrahazardous work done by contract, except that in private work the con
tractor shall be responsible, primarily.and directly, to the industrial acddent
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 [in] the State
law, city charter, or municipal ordinance, provision is made for municipal
employees Injured Ini the course of employment, such employee shall not be
entitled to the benefits of this chapter and shall not be included in the pay
roll of the municipality under this chapter.
*S ec . 4439. Safety devices.—Nothing in this chapter contained shall repeal any
existing law 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
protective device, means, or method.
S eo. 4340 (as amended 1921, ch. 138).' Fees.— [Attorneys, agents, inter
preters, and all other persons are limited in their charges for services
rendered, either jointly or separately to 5 per cent of the recovery of the
beneficiary, the amount in no event to exceed $50.]
1 S ec . 4341. Physicians to testify.— Any physician having attended an em
ployee in a professionel capacity may be required to testify before any court
or judge when so directed in cases coming within the provisions of this
TBXXOF LAWS— WYOMING
573
chapter, and the law of privileged. communication between physician and
patient, as fixed by statutes, shall not apply in such cases.
Sec. 4342. False statement.—Any employee or workman who shall make or
cause to be made on his behalf. any misrepresentation or false statement for
the* purposeof .receiving compensation .under this- chapter to which he is not
lawfully entitled shall be guilty of a misdemeanor, aud<-*hall; on conviction,
be fined not more than $300 or imprisonment for^iat jnore than 00. days.
Secs. 4343, 43441 Reports; record*+-r‘lThe~State treasurer is to compile an
nually statistical information as to accidents* costs, and other information
relative to the operation or the administration of the act. He may direct the
State examiner to examine the books ang^pay-^MUs? of-any'employer :to .secure
information desired in the administration of the act.]
Sec.-4345. . Medical ettamfttatiout^bAftFwdrkman awarded compensation for
temporary total disability under^the lcusAnust, if requested by the employer, sub
mit‘t<7examination by the employer's physician, burfoay have his own physician
present. I f it is agreed that the workmen, has .recovered, the act is to be
reported to the judge of the~~court who made-the awsurd; if there is a-dispute,
thfc judge
mpy deem proper under the facte.
The p a g e ’s ewtnicjiw ^ auth ortty^H seon «n u e compensation payments if
recovfery
Reffwa.l.,or obstruction. suspends payments^. and no
•com p^satl^ ^ ^
d^ur|nr?6r on account .of suc£~periodof
:• S e c . * 4346 (as ameno^ ^
ch
8tat€mmi
ployeea or w0*^™tnterSk^ within the provisions .o f tbis act [chapter] shall
nbe required up®*
v Service in any,«of the extra-n&zardous empVtoients
hereiirCdeflned to » a
nd
written statement seftlPg forth the"names
of the PCT*8fflBL5^^5St upon 'them for support or consntNttaR members of
their dependent^Bnlies, in each case giving the names and ag
under the age of 10 years and girls under the age of 18 years.
Sexs. 4347 (as amended 1921, ch. 70). Payments absolute.— Al\ payments
made into the accident fund by any and every employer under the provisions
of this act shall be taken as paid and received in consideration of the indem
nity to such employer by reason of his contributing to the industrial accident
fund and in consideration of the payments made, by the State .to such fund:
Provided, That when any employer engaged in an extra-hazardous occupa
tion as defined in this chapter has heretofore sold and conveyed,.or shall here
after sell and convey, his or its property to a purchaser who continues to
conduct and carry on said business at the same place, the seller shall be en
titled to transfer and assign to the purchaser all rights*, benefits, privileges,
and immunities accruing to such employer by virtue of any sum then on
deposit to his or its credit in the industrial accident fund in the State treas
ury under the provisions of said act; and upon filing such assignment with
the State treasurer the purchaser shall succeed to all said, rights, benefits,
privileges, immunities of said employer. Said purchaser shall be subject to
obligations of compensation against the seller incurred and existing at the
date of such assignment: Provided, That 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 lie ceases such business:
Provided, That every employer operating under the provisions of said act
shall pay into said “ workmen’s compensation fund” the sum of at least
$5,000: And provided further, If this chapter shall be hereafter repealed or
held invalid, the moneys which are in the industrial fund at the time of disposi
tion 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. 4348. Existing contracts.—This chapter shall not affect any contract en
tered into and'existing before its passage or any action pending or cause of
action existing prior to April 1, 1915.
ACTS OF 1925
C h apter
97.— Corrupt practices
[This act penalizes bribery, corrupt giving, or promising to give any money
or other thing of value to secure assistance with reference to the performance
of official duties relating to the administration of the act. The offense is a
felony, punishable by imprisonment for not more than 14 years*]
574
WORKMEN'8 COMPENSATION liAWS— UNITED STATES
Gh apteb
124.— Workmen's compensation amendments
[This chapter amends<JMurk>us*8ecti©n&"*of; tbe ’compensation law and adds
provisions requiring' bills for medical attendance, expenses or disbursements,
and for hospital services to be itemized and monthly reports made by phy
sicians attending injured workmen. Copies of notices of attendance are to be
supplied to the clerk of thg-'district bourt/ to the State treasurer, and the em
ployer of the injured workman: Physicians or -hospitals failing to make such
reports forfeit remuneration for services, rendered. .
Awards are declared to'be Judicial determinations of the rights of., the em
ployer, the employee, and the industrial accident fund./ No award or. other
charge against the account of an empioyer^fcontributing to the accident fund
may be made without notice and hearing unless he consents.]
C n after
liS&^Ooal mine catastroplie insurance
[This act provides fop’ the maintenance of a catastrophe insurance premjfeup
fund'to care for io s s e ^ fc « je p s £ j^
v n
aceWentaV(^-llm plpyers operating coalm ines in the State are to p«v3nJ ; e q u a l to onefourth of 1 per cent nfrnthly of their pay rolls until
Is accumulated,
whereupon* such payments ceased to be automatically
fflea when tine fund
tails below that amouut.
7r ; l l „ *
The State tr^rarejf-is authorized to make rein^inst n»«
acts tfovcrigg
any A tnstrophe, tb tfpremium to be chargeable a*
e Account*of the
catastrophe insurgutfce premium fu n d.].
UNITED STATES
ACTS OF 1915-16
(39 Statutes at Large 742)
Compensation for injuries to civil employees of the United States
Section 1. Compensation, payable, when.—Tbe United States shall pay com
pensation as hereinafter specified for the disability or death of an employee
resulting 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 intention 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. Waiting time.—During the first three days of disability the employee
shall not be entitled to compensation except as provided in section 9. No com
pensation shall at any time be paid for such period.
Sec. 3. Compensation for total disability.—If the disability is total, the
United States shall pay to the disabled employee during such disability a
monthly compensation equal to 66% per cent of his monthly pay, except as
hereinafter provided.
Sec. 4. Partial disability.—If the disability is partial, the United States shall
pay to the disabled employee during such disability a monthly compensation
equal to 66% per cent 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 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. Refusing work.—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 compensation.
Sec. 6. Maximum and minimum payments.—The monthly compensation for
total disability shall not be more than $66.67 nor less than $33.33, unless the
employee’s monthly pay is less than $33.33, in which case his monthly com
pensation shall be the full amount of his monthly pay. The monthly com
pensation 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, 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 prob
able monthly wage-earning capacity.
Sec. 7. Other payments.—As long as the employee is in receipt of compensa
tion under this act, or, if he has been paid a lump sum in commutation of in
stallment 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 except in return for serv
ices actually performed, and except pensions for service in the Army or Navy
of the United States.
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576
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S e c . 8. Annual and sicl: leave.—If at the time the disability begins the em
ployee has annual or sick leave to his credit, he may, subject to the approval of
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 animal
or sick leave has ceased.
Sec. 9 (as amended 10:>6, Act No. 432). Medical, etc., services.— For any
injury sustained by an employed while in the performance of duty, whether
or not disability has arisen, the United States shall furnish to the employee all
services, appliances, and supplies prescribed or recommended by duly qualilied
physicians which, in the opinion of the commission, are likely to cure or to
give relief or to reduce the degree or the period of disability or to aid in
lessening Ihe amount of the monthly compensation. Such services, appliances,
and supplies shall be furnished by or upon the order of United States medical
officers aud hospitals, but where this is not practicable they shall be furnished
by or upon the order of private physicians and hospitals designated or approved
by the commission. For the securing of such services, appliances, and supplies,
the employee may be furnished transportation, and may be paid all expenses
incident to the securing of such services, appliances, and supplies, which, in
the opinion of the commission, are necessary and reasonable. All such ex
penses when authorized or approved by the commission shall be paid from the
employees' compensation fund. Any award heretofore made by the commission
on account of expenses incurred under section 9 of the act of Septeml>er 7,
1916, prior to the passage of this act, shall be valid, if such award would be
valid if made on account of expenses incurred under this section after the
passage of this act.
S e c . 10. Compensation for death; to whom payable.—If death results from
the injury within six years, the United States shall pay to the following per
sons for the following periods a monthly compensation equal to the following
percentages of the deceased 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.
(A) To the widow, if there is no child. 35 per cent. This compensation shall
be paid until her death or marriage.
(B) To the widower, if there is no child, 35 per cent if wholly dependent for
support upon the deceased employee at the time of her death. This compensa
tion shall be paid until his death or marriage.
(C) To the widow or widower, if there is a child, the compensation payable
under clause (A) or clause (B) and in addition thereto 10 per cent for each
child, not to exceed a total of 66% per cent for such widow or widower and
children. If a child has a guardian other than the surviving widow or widower,
the compensation payable on account of such child shall be paid to such
guardian. The compensation payable on account of any child shall cease when
he dies, marries, or reaches the age of 18, or, if over 18, and incapable of selfsupport, becomes capable of self-support.
(D) To the children, if there is no widow or widower, 25 per cent for one
child and 10 per cent additional for each additional child, not to exceed a
total of 66% 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 18, or, if over 18 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.
25 per cent; if both are wholly dependent, 20 per cent to each: if one is or
both are partly dependent, a proportionate amount in the discretion of the
commission.
The alwve percentages shall be paid if there is no widow, widower, or child.
If there is a widow, widower, or a child, there shall be paid so much of the
above percentages as, when added to the total percentages pavable to the
widow, widower, and children, will not exceed a total of 66% per cent.
(F) To the brothers, sisters, grandparents, and grandchildren, if one is
wholly dependent upon the deceased employee for support at the t*me of his
death, 20 per cent to such dependent: if more than one are wliollv dependent.
30 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, 10 per
cent divided among such dependents share and share alike.
TEXT OF LAWS— UNITED STATES
577
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, children, and dependent par
ents, will not exceed a total of 66% per cent.
(G)
The comi>ensation of each beneficiary under clauses (E) and (F) shall
be paid for a period of eight years from ihe time of the death, unless before
that time he, if a parent or grandparent, dies, marries, or ceases to be de
pendent, or, il! a brother, sister, or grandchild, dies, marries, or reaches tli€
age of 18, or, if over 18 anil incapable of self-support, becomes capable of selfsupport. The compensation of a brother, sister, or grandchild under legal age
shall be paid to his or her guardiau.
(11)
As used in this section the term “ child ” includes stepchildren, adopted
children, and posthumous children, but does not include married children.
The terms •‘ brother” and “ sister*’ include stepbrothers and stepsisters, half
brothers and half sisters, and brothers and sisters by adoption, but do not
included married brothers or married sisters. All of the above terms and
the term 44grandchild ” include ouly i>ersons who at the time of the death of
the deceased employee are under 18 years of age or over that age and in
capable of self-support. The term “ parent ” includes step-parents aud parents
by adoption. The term 44widow” includes only the decedent’s wife living
with or dependent for support upon him at the time of his death. The term
44widower includes only the decendent’s husband dependent for support upon
her at the time of her death. The terms 44adopted ” and 44adoption ” 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 account
of any person, the comi>ensation of the remaining persoas entitled to compen
sation 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.
(J) In case there are two or more classes of persons entitled to compensa
tion under this section and the apportionment of such compensation, 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 pay shall
be considered not to be more than $100 nor less than $50, but the total monthly
compensation shall not exceed the monthly pay computed as provided in sec
tion 12.
(L) If any person entitled to compensation under this section, whose com
pensation by the terms of this section ceases upon his marriage, 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
borh such fine and imprisonment.
Sec. 11. Burial. etc., expenses.—If death results from the injury within six
years the United States shall pay to the personal representatives of the de
ceased employee 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 discretion 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 aud
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. Computation of pay.—In computing the monthly pay the usual prac
tice of the service in which the employee was employed shall be followed.
Subsistence and the value of quarters furnished an employee shall be included
as part or’ the pay. but overtime pay shall not be taken into account.
Skc. 13. Housing, board, etc.—In the determination of the employee’s monthly
wage-earning capacity after the beginning of partial disability, the value of
housing, 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.
578
WOBKMEN 'S COMPENSATION LAWS— TJNIXED STATES
Sec. 14. Lump sums.— In cases of death or of permanent total or permanent
partial disability, if the monthly payment to the beneficiary is less than $5 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 compensation to such
bemeficiary may be discharged by the payment of a lump sum equal to the
present value of all future payments of compensation computed at 4 per cent
true discount compounded annually. The probability of the beneficiary's
death before the expiration of the period during which he is entitled to com
pensation 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 60 months* compensation.
The probability of the happening of any other contingency affecting the amount
or duration of the compensation shall l>e disregarded.
Sec. 15. Notice.—Every employee injured in the performance of his duty,
or some one on liis behalf, shall, within 48 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 dei>ositing it properly stamped and
addressed in the mail.
Sec. 10. Contents.—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 incurred, and the cause and nature .of the injury, and shall
be signed by and contain the address of the person giving the notice.
Sec. 17. Compensation withheld, when.—Unless notice is given within thetime si>ecified, or unless the immediate superior has actual knowledge of the
injury, no compensation shall be allowed, but for any reasonable cause shown
the commission may allow compensation if the notice is filed within one year
after the injury.
Sec. 18. Claims.—No compensation under this act shall be allowed to any
person, except as provided in section 38, unless he or some one on his behalf
shall, within the time specified in section 20, make a written claim therefor.
Such claim shall be made by delivering 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 commission or to any person whom the commission may by regulation
designate.
Sec. 19. Form*.— 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 commission may waive the provisions of this section.
Sec. 20 (as amended 1922, ch. 219). Time for claims.—All original claims
for compensation for disability shall be made within 60 days after the injury.
All original claims for compensation 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. ♦ * *
[Amendment relates only to civilian claims arising during the World War,
and is obsolete.]
Sec. 21 (as amended 1926. Act No. 432). Medical examinations.—After the
injury the employee shall, as frequently and at such times and places as may
be reasonably required, submit himself to examination by a medical officer of
the United 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. If the employee
refuses to submit himself for or in any way obstructs any examination, his
right to claim compensation under this act shall be sus]>ended 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. For any
examination required by the commission the employee shall be paid all ex
penses incident to such examination which, in the opinion of the commission,
are necessary and reasonable, including transportation and loss of wages
TEXT OF LAWS— UNITED STATES
579
incurred in order to submit to examination. All such expenses when author
ized or approved by the commission shall be paid from the employees’ compen
sation fund.
Sec. 22. Medical referee.—In ease of any disagreement between the physician
making an examination on the part of the United States and the employee’s
physician the commission shali appoint a third physician, duly qualified, who
shall make an examination.
Sec. 23. Fees.—Fees for examinations made on the part of the United States
under sections 21 and 22 by physicians who are not already in the service of the
United States shall be fixed by the commission. Such fees and any sum pay
able to the employee under section 21. when authorized or approved by the
commission, shall be paid from the employees’ compensation fund.
Sec. 24. Report* of injuries.—Immediately after an injury to an employee
resulting in his death or in his probable disability, his immediate superior shall
make a report to the commission containing such information as the commis
sion may require, and shall thereafter make such supplementary reports as
the commission may require.
Sec. 25. Assignments, etc.—Any assignment of a claim for compensation
under this act shall be void and all compensation and claims therefor shall be
exempt from all claims of creditors.
Sec. 2tS. Assignments of damage claims against third parties.—If an injury
or death for which compensation is payable under this act is caused under
circumstances creating a legal liability upon some person other than the United
States to pay damages therefor, 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, aud 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 bo placed to the credit of the employees’ compensation fund, the
surplus, if any. shall be paid to the beneficiary and credited upon any future
payments of compensation payable to him on account of the same injury.
Sec . 27. Injuries by third parties.—If an injury or death for which compen
sation 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 on his behalf,
or as a result of a settlement made by him or on his behalf, any money or
other property in satisfaction of the liability of such other person, such bene
ficiary 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 ui>on any compensation payable
to him by the United States on account of the same injury.
Sec. 28. Commission created.—A commission is hereby created, to be known
as the United States Employees* Compensation Commission, and to be com
posed 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 office or position
under the United States. Xo more than two of said 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
580
WOKKME n ' s COMPENSATION LAWS— UNITED STATES
a term of six years, and at the expiration of each of said terms, the commis
sioner then appointed shail 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 iu Washington, D. C., blit the said commission is
authorized to perform its work at any place deemed necessary by said com
mission, subject to the restrictions and limitations of this act.
S ec. 28a. Transfer of claims and employees.—Upon the organization o f said
commission and notification of the heads of all executive departments that ilie
commission is ready to take up the work devolved upon it by this act, all com
missions and independent bureaus, by or in which jmyments for compensation
are now provided, together with the adjustment and settlement of such claims
shall cease and determine, and such executive departments, 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 addi
tion 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
exclusively engaged in carrying on said work in the various executive depart
ments, commissions, and independent bureaus, shall be transferred to and
become employees of the commission at their present grades and salaries.
Sjbc. 29. Powers as to witnesses.—The commission, or any commissioner by
authority of the commission, shall have power to issue subpoenas for and com
pel the attendance of witnesses within a radius of 100 miles to require the
production of books, papers, documents, and other evidence, to administer oaths,
and to examine witnesses, upon any matter within the jurisdiction of the
commission.
S ec . 30. Employees of commission.—The commission shall have such assist
ants, clerks, and other 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.
Sec. 31. Estimates.—The commission shall submit annually to the Secretary
of the Treasury estimates of the appropriation necessary for the work of the
commission.
S ec. 32. Rules, regulations, etc.—The commission is authorized to make neces
sary rules and regulations, for the enforcement of this act and shall decide all
questions arising under this act.
Sec. 33. Annual reports.—The commission shall make to Congress at the
beginning 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 employees*
compensation fund, and its recommendations for legislation.
Skc. 34. [Obsolete.]
Skc. 35. Compensation fund.—There is hereby authorized to be appropriated,
from any 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 shail be added sueli sums
as Congress may from time to time appropriate for the purpose. Such fund,
including all additions that may be made to it, is hereby authorized to be
permanently appropriated for the payment of tlie compensation provided by
this act, including the medical, surgical, and hospital services and supplies
provided by section 9. and the transportation and burial expenses provided bi
sections 9 and 11. The commission shall submit annually to the Secretary of
the Treasury estimates of the appropriations necessary for the maintenance
of the fund.
Sec. 36. Findings and awards.—The commission, upon consideration of the
claim presented 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
or against payment of the compensation provided for in this act. Compensa
tion when awarded shall be paid from the employees* compensation fund.
Sec. 37. (as amended 1924, ch. 261). Review.—If the original claim for com
pensation has been made within the time specified in section 20, the commis
sion 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 compensation previously awarded, or, if compensation has been re
fused or discontinued, award compensation. In the absence of fraud or mis
TEXT Oh' LAWS— UNITED STATES
581
take in mathematical calculation, the 11riding of facts in, and the decision of the
commission upon, the merits of any claim presented under or authorized by this
act if supported by competent evidence shall not be subject to review by any
other administrative 01* accounting officer, employee, or agent of the United
States. Any award heretofore made by the compensation commission, under
tbe act of September 7, 1916. for disability or death resulting from a personal
injury sustained prior to the passage of this act, shall be valid, if such award
would be valid if made in respect to an injury sustained after the passage of
this act.
Sec. 38. Mistakes.—If any compensation is paid under a mistake of law or of
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 recovered shall be placed to
the credit of the employees* compensation fund.
Skc. 39. False statements.—Whoever makes, in any affidavit required under
section 4 or in any claim for compensation, any statement, knowing it to be
false, shall be guilty of perjury and 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.
Sbc. 40 (as amended 1924, ch. 261). Definitions.—Wherever used in this act—
The singular includes the plural, and the masculine includes the femiuine.
The term “ employee ” includes all civil employees of the United States and
of the Panama Railroad Co.
The term “ commission” shall be taken to refer to the United States Em
ployees’ Compensation Commission provided for in section 28.
The term “ physician” includes surgeons*
The term “ monthly pay ” shall be taken to refer to the monthly pay at the
time of the injury.
The term ■*injury ” includes, in addition to injury by accident, any disease
proximately caused by the employment.
The term “ compensation '* includes the money allowance payable to an em
ployee or his dependents and any oilier benefits paid for out of the compensa
tion fund: Provided, however, That this shall not in any way reduce the
amount of the monthly compensation payable in case of disability or death.
Sec. 41. Repeal; liability of Panama Railroad Co.—All acts or parts of acts
inconsistent with this act are hereby repealed: Provided, however, That for in
juries occurring prior to the passage of this act compensation shall be paid un
der the law in force at the time of the passage of this act: And provided fur
ther, That if an injury or death for which compensation is payable under this
act is caused under circumstances creating a legal liability in the Panama Rail
road Co. to pay damages therefor under the laws of any State, Territory, or
possession of the United States or of the District of Columbia or of any foreign
country, no compensation shall be payable until the person entitled to compen
sation releases to the Panama Railroad Co. any right of action which he may
have to enforce such liability of the Panama Railroad Co., 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 Rail
road Co.
»Sec. 42. Administration for Canal Zone and Alaskan Railways.—The Presi
dent may, from time to time, transfer the administration of this act so far
as employees of the Panama Canal and of the Panama Railroad Co. are con
cerned, to tlie Governor of the Panama Canal, and so far as employees of the
Alaskan Engineering Commission are concerned, to tlie chairman of that com
mission, in which cases the words “ commission ” and “ its ” wherever they ap
pear in this act shall, so far as necessary to give effect to such transfer, be
read “ Governor of the Panama Canal ” or “ chairman of the Alaskan Engineer
ing Commission,” as the case may be. and “ his ” ; and the expenses of medical
examinations under sections 21 and 22, and the reasonable traveling and other
expenses and loss of wages payable to employees under section 21, shall be
paid out of appropriations for the Panama Canal or for the Alaskan Engineer
ing Commission 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 Co. 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 18. In the case of
alien employees of the Panama Canal or of the Panama Railroad Co., or of
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UNITED
states
any class or classes of them the President may remove or modify the minimum
limit established by section 6 011 the monthly compensation for disability and
the minimum limit established by clause (K) of section 10 011 the monthly
pay c>w 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 provided by this act. includ*
ing the medical, surgical, and hospital services and supplies provided by
section 9 and the transportation and burial expenses provided by sections
9 and 11, out of the appropriations for the Panama Canal and for the Alaskan
Eng'neering Commission, such appropriations to be reimbursed for such pay
ments by the transfer of funds from the employees’ compensation fund.
Approved September 7, 191(5.
EXECUTIVE ORDERS
No. 2455.—Employee* of the Panama Canal and Pananw Railroad Co.
By virtue of the authority vested in me by section 42 of the act entitled
“ An act to provide condensation for employees of the United States suffering
injuries while 111 the performance of their duties, and for other purposes,*’
approved September 7, 1916, it is hereby ordered:
3.
That the administration of the act entitled “An act to provide compensa
tion for employees of the United States suffering injuries wThile in the
performance of their duties, and for other purposes/’ approved 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.
2. That in the case of compcnsjition to employees of the Panama 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 18 of said act’
3. That in the case of alien employees of the Panama Canal, or of the
Panama Railroad Co., the minimum limit established by section 0 011 the
monthly compensation for disability and the minimum limit established by
clause (K) of section 10 on the monthly pay on which death compensation
is to be computed is hereby removed
4. That the Governor of the Panama Canal is hereby authorized to pay the
compensation provided by said act, including the medical, surgical, and hos
pital services and supplies provided by section 9 and the transportation and
burial expenses provided by sections 9 and 11. 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, 3916.
No. 2463.—Employee* of the Alaxkan Entjineenny 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 42 of “A11 act to provide compensation for employees of the United
States suffering injuries while in the performance of their duties, and for
other purposes” (Public, No. 267. (Wth Cong., 39 Stat. p. 742), approved
September 7, 1916, 1 hereby direct the chairman of the Alaskan Engineering
Commission to administer 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 21 and 22, and the reasonable traveling
and other expenses and loss of wages payable to employees under section 21,
shall be paid out of appropriations for **Construction and operation of railroads
in Alaska.*’
I further direct the chairman of the Alaskan Engineering Commission to
pay the compensation provided by the aforementioned act. including the
medical, surgical, and hospital services and supplies provided by section 9
and the transportation and burial expenses provided by sections 9 and 11
out of appropriations for the “ Construction and operation of railroads in
Alaska.” such appropriations to be reimbursed for such payment by transfer
of funds from the employees' compensation fund.
September 29, 1916.
PART II,— 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
190(5 is of a type quite distinct from that adopted by any btate 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________________________________________ 1002
Alberta__________________ _______________________________ 1908
Quebec----------------------------------------------------------- ----------------1909
Manitoba------------------------------------------------------------------------ 1910
Xova 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, again in Manitoba in 19*20, and a revision and consolida
tion in Quebec in 1926.
Arbitrators and judges of courts were the recourse for the settle
ment: of disputes under the older laws, and the very limited recoveries
provided fell far short of the liberality of the law of Ontario, for
instance, which Province first came into line in 1914 with a law
patterned after the United States type rather than that of Great
Britain. Some of the Provinces appointed commissions to investi
gate the workings of statutes in the States before revising existing
legislation or enacting new laws. This has been influential in estab
lishing throughout the two adjacent countries a system of legislation
comparable in many aspects. The later laws are administered b j
special boards in most instances, those of Quebec and Yukon Terri
tory being exceptions. Prince Edward Island and Saskatchewan
are as yet without any compensation legislation, the so-called com
pensation law of the latter Province being in fact a liability statute.
An act of the Dominion Parliament of 1918 provides that em
ployees of the Federal Government killed or injured in their work
shall come under the compensation law of the Province in which
the accident occurred.
CANADIAN AND UNITED STATES LAWS COMPARED
An analysis of the Canadian laws shows a number of striking
characteristics and of deviations from the type of compensation act
583
584
W O R K M E N ^ COMPENSATION LAWS— CANADA
prevalent in the United States. Some of the more important of
these are the following:
1. In Canada there is a noticeable uniformity among most of the
compensation laws. This uniformity applies to the scope of the
acts, benefits, injuries covered, administration, and procedure. In
the compensation acts of the United States many variations are in
evidence.
2. In Canada all of the laws are compulsory as to the employers
coming within the scope of the act. In the United States only 14
are compulsory, while 32 are elective.
3. In Canada the scope of the law in each Province (Yukon Terri
tory excepted) is limited to enumerated employments, though the lists
are quite inclusive. There is some diversity in the number of such
employments, but the principal hazardous industries are covered,
including manufacturing, mining, construction, and transportation.
In the United States only 12 States limit their scope to the so-called
hazardous industries, while 34 States cover industries generally.
4. In Canada occupational diseases are compensable in every
Province except Quebec and Yukon Territory. Such diseases, how
ever, are limited to those enumerated in the statutory schedule. In
the United States only 12 of the 46 State laws include occupational
diseases, but in 6 of these all occupational diseases are covered.
5. In Canada all of the Provinces except Quebec and Yukon Terri
tory have exclusive State insurance funds. In Ontario, however,
employers under schedule 2 (municipalities, railroad, express, tele
phone, telegraph, and navigation) are permitted self-insurance. In
the United States only 8 of the 46 compensation States have exclusive
State funds, while 11 have competitive State funds.
6. In Canada probably the most significant characteristic of com
pensation legislation is the assumption of liability on the part of
the Province having insurance funds for the solvency of such funds,
any temporary deficit being made up from other provincial funds.
Under no law of any State of the United States is such liability
assumed.
7. In Canada the workmen’s compensation boards have exclusive
and final jurisdiction over all compensation matters, no appeal to
the courts being permitted except in New Brunswick and Nova
Scotia. In these two Provinces appeal may be had to the supreme
court upon questions of law, but only witli the permission of the
judge of said court. In none of the American States does the admin
istrative commission have final decision, appeals to courts being al
lowed on questions of law in every jurisdiction, and of fact in some.
8. In Canada members of the workmen’s compensation boards
hold office during good behavior, except that in British Columbia the
term of office is 10 years. In most of the Provinces, however, they
are subject to compulsory retirement at the age of 75. Each boar&
is authorized to appoint its officers and employees and to fix their
salaries. The term of office of such employees is subject to the
pleasure of the board. In the United States the term of office of
compensation commissioners is usually 3, 4, or 5 years.
9. As regards liberality, the benefits of the Canadian laws are
about on a par with the more liberal of the American acts. The
scale of benefits averages perhaps somewhat lower, but the periods
LAWS OF CANADA AND UNITED STATES COMPARED
585
for which benefits are paid are as a rule longer. In Canada, except
in Yukon, compensation is paid during disability or until the death
or remarriage of the widow, while in most of the States the compen
sation periods terminate at the end of 300, 400, or 500 weeks, though
some pay during life. In none of the Provinces (Yukon Territory
excepted) is the waiting period over 1 week, and in most of the laws
compensation when payable begins from the date of the injury,
whereas in the United States 4 States have a waiting period of io
days and a like number of 2 weeks. The early Canadian laws did not
provide for medical benefits, but all except that of Yukon Territory
have now made provision therefor; in the United States all the laws
require medical service.
The following pages carry an analysis of the law of each Province,
using the same neadings as in case of the laws of the United States
in the first part of this bulletin.
ANALYSIS OF THE PRINCIPAL FEATURES OF THE LAWS
ALBERTA
Date of enactment.—March 5, 1908; in effect January 1, 1909. New act,
April 13, 1918; (as consolidated to April 10, 1925).
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 solely to the serious and willful misconduct of the workman ex
cepted, unless death or serious injury results. If disability lasts over 10 days,
compensation dates from the injury. Enumerated occupational diseases
included.
Industries covered.—Enumerated employments. Farm and ranch labor,
itinerant occupations, and an extensive list of railroad employments are ex
cepted. The board may add to. withdraw from, or rearrange the schedule of
hazardous employments contained in the act.
Persons compensated.—Private employment: Workmen engaged in the em
ployments covered, including employers and members of their families if
they are occupied as workmen. Outworkers, and casual employees not in the
usual course of the employer's business, are excluded. Public employment:
Included.
Compensation for death:
(a) Burial expenses, maximum $109. and. in the case of no dependents,
reasonable expenses of the last sickness.
(ft) To widow, invalid widower, or foster mother while acting as such,
$35 monthly, $12 additional for one child under 16 years of age,
$10 for a second. $9 for a third, and $8 for each additional child;
to orphans, $15 per month each.
(<?) To other dependents, a sum proportionate to the ]>ecuniary loss, not
over $30 monthly to parents nor over $65 in all, during the period
of reasonably expected assistance.
(d) Payments to children ceasc at 16 unless invalid, and to a widow upon
remarriage, but she shall receive a lump sum of $480.
Compensation for disabilitj/:
(« ) Medical aid to be furnished under a scheme approved by the board;
special medical and surgical treatment and apparatus at cost of
accident fund as board may approve as savin# to fund. Employees
contribute.
(ft) For total disability 62% per cent of average weekly wages during its
continuance, not less than $10 unless wages were less, then full
wages.
(c) For partial disability 62% per cent of wage loss during its continu
ance, wages in excess of $2,000 not to be considered; if wage loss
is less than 10 per cent, commuted lump sum unless thought dis
advantageous to workman.
Any award may be commuted in whole or in part to lump-sum pay
ments.
The benefits to any injured person may not exceed $1,140 per annum.
Rerution of 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 of payments.—-It accident fund is exhausted, advances may be made
from general funds of the Province. Payments can. not be assigned or at
tached. nor are they liable to set-off.
Settlement of disputes.—Workmen’s compensation board has exclusive and
final jurisdiction.
586
ANALYSIS OF LAWS— BRITISH COLUMBIA
587
BRITISH COLUMBIA
Date of enactment.—June 21, 1902; in effect May 1, 1903. New act May 31«
1916; in effect, January 1, 1917; as last amended, 1925.
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; domestic service excluded.
Persons compensated,—Private employment: Workmen engaged in industries
and occupations covered by act, not including traveling salesmen, not subject
to hazards of industry, or persons whose work is casual and not for the
purpose of the employer’s business, outworkers, and members of employer’s
family. Public employment: Included if from the nature of their work em
ployees would be covered if working for a private person.
Compen-sat ion for death:
[a) Burial expenses, maximum $100.
lb) To widow or invalid widower, $35 monthly, $7.50 additional for each
child under 16 years of age, maximum $65; foster mother same as
widow with children; to orphans, $15 per month each, maximum, $60.
(c) To other dependents a sum proportionate to the pecuniary loss, not
over $30 monthly to parents, nor over $45 in all, during the period
of reasonably expected assistance. Parents may share with bene
ficiaries in (&), within the limits of $65.
(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, not over $480.
Payments to nonresident aliens may be scaled according to differences
of conditions and cost of living.
Compensation for disability:
(a) All reasonable and necessary medical, surgical, etc.. aid; employees
contribute to medical-aid fund.
(?>) For total disability during disability, 62% per cent of the average
wages; minimum, $5 per week, unless wage is less, then full wages.
(<?) For partial disability during disability, 62% per cent of wage loss.
Earnings in excess of $2,000 a year are not considered in computing
benefits.
Periodical payments may be computed into lump-sum payments; lump
sum also allowable for facial disfigurement.
Revision of 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. Pay
ments can not be assigned, attached, subjected to set-off, nor shall they pass by
operation of law, except to personal representatives.
Settlement of disputes.—Workmen’s compensation board, a body corporate^
has exclusive and final jurisdiction.
1965°—26------ 38
588
W OBKM EN’ S COMPENSATION LAWS— CANADA
MANITOBA
Date of enactment.—March 16, 1910; in effect January 1, 1911; new act.,
1916: new act, March 27, 1920; in effect January 1, 1921; as amended to 1925.
Injuries compensated.—Injuries by accident arising out of and in course
of employment causing disability for at least 3 days or death; those due solely
to the serious and willful misconduct of the workman excepted unless death
or serious permanent disability results; enumerated occupational diseases
included.
Industries covered.—Enumerated list, which the board may enlarge or take
from. Other establishments may be included by election of the employer and
approval by the board. Farm labor and domestic service are excluded.
Persons compensated.—Private employment: Workmen in the industries
covered except outworkers, clerical employees not exposed to the hazards of
the undertaking, and casual employees for other purposes than the employer's
trade or business; nonresidents only if reciprocal rights are given by country
of residence. Public employment: Included if from the nature of their work
they would be included if working for a private employer.
Compensation for death:
(a) Burial expenses not exceeding $150.
(b) To widow or invalid widower, $30 monthly, and $12 for one child,
$10 for the second, $9 for the third, and $8 for each other child
under age of 16; orphans $15 each. To others in proportion to
the pecuniary loss, not over $20 to each, nor over $40 in all, during
the period of reasonably expected assistance.
Payments to children cease at age of 16 unless invalid, and to a widow
on remarriage, when she receives two years’ payments in a lump
sum.
Compensation for disability:
(a) Medical attendance, care, maintenance, and apparatus, as the board
may deem necessary.
(b) For total disability, 66% per cent of the average weekly earnings
during disability, not less than $15 ($12.50, if temporary), unless
wages are less, then full wages.
(e) For partial disability, 66% per cent of the wage loss during such
disability; disfigurements and slight impairments may be compen
sated by a lump sum.
Earnings in excess of $2,000 are not considered as basis for awards.
Any periodic payment may be commuted to a lump sum.
Revision of 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, by which all payments are made.
Security of payments.—Fund administered by provincial board: assessments
of premiums have priority over other debts; if fund is deficient, advances may
be made from the consolidated revenue fund of the Province. Benefits are
exempt from assignment, attachment, etc.
Settlement of disputes.—Workmen's compensation board has full and final
jurisdiction of all questions under the act
ANALYSIS OF LAWS— NEW BRUNSWICK
589
N E W BRUNSW ICK
Date of enactment.—Law enacted April 26, 11)18; in effect January 1, 1910;
as lust amended, 1924.
Injuries compensated.—Injuries by accident arising out of and in course of
the employment causing disability for more than seven days or death, not due
to willful misconduct, intoxication, or a fortuitous event not connected with
the industry. Includes enumerated 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 industries and occupations.
Persons compensated.—Private employment: Workmen engaged in the in
cluded 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. Public employment: Included as to
employments such as those included under act, except municipal firemen and
policemen.
Compensation for death:
(a) Burial expenses, maximum $100.
(&) To widow or invalid widower, $30 per month for life, with $7.50
additional for each child; total not to exceed 55 per cent of the
average wages, with maximum basic wage of $125.
(c ) To partial dependents a sum proportionate to the pecuniary loss dur
ing the period of reasonably expected assistance.
(d) Payments to boys cease at 16, to girls at IS, and to widows upon
remarriage, with a lump sum equal to two years’ monthly payments.
Compensation for disability:
{a) Medical, surgical, and hospital aid, and transportation as may be nec
essary as the result of the injury.
(b) For total disability, 55 per cent of the average wages during disability;
minimum, $6 per week, and maximum, 55 {ter cent of $125 per month.
(<?) For partial disability, if temporary, 55 per cent of wage loss; if per
manent, according to a schedule to be adopted by the board; total
maximum, $2,500. 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 of 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. Board may make or sanction arrangements for reinsurance.
Security of 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 of 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 that
court
590
W ORKM EN’ S COMPENSATION LAWS— CANADA
NOVA SCOTIA
Date of enactment.—April 2, 1910; in effect February 1, 1911; new act, April
23, 1915: in effect January 1, 1917; amended to 1923.
Injuries compensated.—Injuries by accident arising out of or in the course
oi! the employment causing disability for seven days or death. Those due to
willful misconduct 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. Vol
untary as lo excluded industries and workmen.
Persons compensated.—Private employment: Workmen engaged in the in
cluded 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, except on application of the
employer. Public employment: Included as to occupations such as are in
cluded in the act, municipal policemen and liremen excepted.
Compensation for death:
(a) Burial expenses, maximum $75.
( h) To widow or invalid widower, $30 per month, $7.50 additional for
each child under 10 years; to orphans, $15 each per month. Maxi
mum, $00.
(e) To other dependents, a sum proportionate to the pecuniary loss', not
over $30 per month to parents, nor over $45 in all, during the ])eriod
of reasonably expected assistance.
(tf) Payments to children cease at 10 unless invalid, and to a widow on re
marriage, when she receives $20 monthly for 25 months, or an
equivalent lump sum or sums.
Aggregate payments may not exceed 55 per cent of workman's wages.
Compensation for disability:
(а) All necessary medical, surgical, hospital, etc., treatment for SO days.
Additional 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.
Minimum, $5 weekly, unless wage is less, then full wages.
(c) For partial disability. 55 per cent of the wage loss during disability.
Impairment of capacity without actual wage loss may also be com]>ensated.
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 pro
vincial 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 by
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 question of law and jurisdiction if permission is secured from a judge of
that court.
ANALYSIS OF LAWS— ONTARIO
591
ONTARIO
Date of enactment.—May 1, 1914; in effect January 1, 1915: as last amended,
1926.
Injuries compensated.—Injuries l>y accident arising out of and in course of
employment which cause death or disable a workman for at least seven days;
those due to serious and willful misconduct excepted, unless resulting in
death or serious disablement. Where compensation is payable it dates from
disability. Enumerated industrial diseases included.
Itidustries 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.—Private employment: All employees in industries cov
ered other than outworkers and those whose employment is casual and not
for the purposes of the employer's trade or business. Public employment: In
cluded in so far as employments would be covered if under private employers.
Compensation for death:
(a) Necessary burial expenses, not exceeding $125.
( b) To a widow or invalid widower. $40 per month, $10 additional for
each child under 16 years; orphans, $15 i>er month each.
(<;) To other dependents, an amount proportionate to the pecuniary loss,
for such time as support might be reasonably expected.
(if) If no dependents, reasonable allowance is to be made for medical at
tendance, care, maintenance, and burial.
The aggregate compensation, except for burial expenses, may not ex
ceed 66% 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 far disability:
(a) Necessary medical and surgical aid, with transportation to hospital or
home if needed.
(b) For total disability 66% ]>er cent of the average weekly earnings, dur
ing disability, not less than $12.50 per week, unless earnings are less,
then full earnings.
(c) For partial disability, 66% 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 of $2,000 are to be
considered in any case.
Revision of compensation.—Awards may be reviewed on the motion of either
party in interest; also on the board’s own motior 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 re
quired 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 i>ersonal representative.
Settlement of disputes.—All disputes are to be settled by the board, suits at
law l>eing forbidden except in defined classes of cases of liability for negli
gence of employers not under Schedule I.
592
W ORKM EN’ S COMPENSATION LAWS— CANADA
QUEBEC
Date of enactment.—May 29, 1909; in effect January 1, 1910. New act,
March 24, 1920; in effect April 1. 1927.
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.
Industries covered.—Building, manufacturing, transportation, engineering,
and construction work, mining, quarrying, gas or electrical business; stone,
wood, and coal yards; any industrial or mercantile enterprise using machinery
operated by power or manufacturing or using explosives, if the injury is due
to the machinery or explosives. Agriculture, domestic service, and navigation
of sailing vessels are excluded. Employers not covered may come under act
by written agreement with their employees.
Persons compensated.—Private employment: Workmen, apprentices, and em
ployees engaged in the industries covered. Foreign workmen or their repre
sentatives are compensated only if and so long as they reside in Canada.
Public employment: Included as to industries covered by the act.
Compensation for death:
(a) Funeral expenses not in excess of $100.
(b) To a surviving consort. 20 per cent of tlie yearly wages, for life, 10
per cent additional for each child under 16; to orphans 20 per cent
each; no total to exceed 60 per cent.
If no consort or child. 10 per cent to each ascendant for life or to
descendants until 16, total not to exceed 30 per cent.
Payments to a widow cease on remarriage, when she receives 12
months’ benefits.
Compensation for disability:
(a) Medical, surgical, and hospital services for 6 months with transpor
tation and necessary appliances.
(b) For permanent total disability, a pension for life equal to 66% per
cent of the yearly wages.
( c) 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.
(<f) For temporary incapacity lasting over seven days, compensation equal
to one-lialf the daily earnings received at the time of the accident,
beginning with the eighth day, not more than $25, nor less than $8
per week, unless wages are less, then full wages.
(e) In computing pensions no wage less ft an $600 nor more than $2,000
shall be considered.
All periodical payments not exceeding (500 in capital value may be
computed to lump sums.
Revision of compensation.—Demands for change of amount of compensation
may be made within two years.
Insurance.—Private employers under the act must insure or deposit securities
to guarantee the payment of compensation.
Security of payments.—Benefits may not be alienated, and are exempt from
seizure.
Settlement of disputes.—Superior, circuit, and magistrates’ courts have juris
diction over all disputes arising under this act. All proceedings are summary,
no trial by jury being allowed.
ANALYSIS OF LAWS— YUKON TEBBIIOBY
593
YU K ON TERRITORY
Date of enactment.—April 24, 1917.
Injuries compensated.—Injuries by accident arising out of and in course of
employment 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.—Private employment:- All in industries covered except
outworkers and casual employees in other than the employer’s trade or business.
Public employment: Included.
Compensation for death.—If dependents survive, $2,500; if none, burial and
im?uical expenses, nursing, etc., not to exceed $500, of which not over $150 may
be for burial expenses.
Compensation for disability:
(a) For permanent total disability, $3,000.
(b) For permanent partial disability, fixed 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 may be reviewed at the
request of either party.
Insurance.—No provision.
Security of payments.—Claims are not assignable, and awards are exempt
from execution, attachment, etc. Judge may order award to be invested or
otherwise applied for the benefit of the person entitled thereto.
Settlement of disputes.—If parties do not agree to settlement, application
may be made to a judge of the Territorial court, whose decision is final.
COMPARISON OF COMPENSATION AND INSURANCE
SYSTEMS
All the Canadian compensation laws are compulsory as to em
ployers coming within their scope. All except that of Yukon Terri
tory require private employers to insure, ana an exclusive provincial
fund exists in every Province except Quebec and Yukon Territory;
though in Ontario municipalities and common carriers (Schedule 2)
may act as self-insurers. These funds are administered by work
men’s compensation boards, which classify the industries according
to hazard, fix rates, collect premiums, act on claims, and pay benefits.
The boards are distinctively compensation boards and do" not have
the administration of other labor lawTs, as is the case in a number of
the States, though they do have certain powers for accident preven
tion and the inspection of premises for safety. As already noted,
their powers of decision are complete, and in case of deficits 111 funds
advances may be made from other provincial funds until assessments
can be made to restore solvency.
SCOPE OR COVERAGE
The scope or coverage of the Canadian laws is of a more restricted
form than that of most of those of the United States. In all of the
Provinces (Yukon Territory excepted) the employments covered are
limited to enumerated industries. Most of the laws exclude agricul
ture and domestic service, outworkers, nonhazardous public employ
ments, and casual employees employed otherwise than for the pur
pose of the employer’s business. Alberta also excludes certain (‘lasses
of railroad employees, reported by the commission as amounting to
about 55 per cent of the total. The law of Yukon Territory does not
apply when the employer has less than five workmen; and the power
given the boards to extend or reduce the scope of the laws by classifi
cations, regulations, etc., has been exercised, notably in Ontario, to
exclude various classes of small employers. Public employments are
generally included only to the extent that the nature of the work is
such as" to fall within the enumeration of industries covered.
Exempted employments usually are given the privilege of coming
under the act if either the employer or employee so desires.
I f the workman is injured while outside the Province, most of
the laws grant compensation if the place of business of the employer
and the usual place of employment of the workman are within
the Province. In Manitoba, however, this rule applies only to work
men on railroads and steamships, and in Quebec only if the law
of the place of injury does not provide compensation; no mention is
made of the subject in the law of Yukon.
OCCUPATIONAL DISEASES
The influence of the compensation act of Great Britain is nowhere
more clearly seen than in the provisions of the laws relating to in
juries covered. As to accidental injuries, every law except that of
594
COMPENSATION LAWS AND INSURANCE SYSTEMS
595
Quebec uses the phrase “ personal injury by accident arising out of
and in the course of the employment, unless it is attributable solely
to the serious and willful misconduct of the workman,’’ found in the
British act. All but three1 also follow this act in allowing compen
sation for injuries due to willful and serious misconduct if they
result in death or serious disability. In addition, New Brunswick
excludes injuries if intentionally self-inflicted, due to intoxication,
or caused by a fortuitous event not connected with the industry,
while Yukon excludes those caused by intoxication.
In the matter of occupational diseases, the list formulated by the
British act of 1906 was followed exactly by some laws, even though
additions had already been made to the original list. Others ac
cepted some of the additions made, and later laws following the
method of enumeration show the influence of the British tendency
lo extend the list, but none carries the full list now found in the
British law, partly, no doubt, 011 account of differing industrial con
ditions. Occupational diseases are not compensated in Quebec and
Yukon, while in New Brunswick the question of enumeration rests
with the board, which has prepared a list corresponding with a
major part of the standard items under the British law.
W A ITIN G TIME
In but one Province (Yukon Territory) is the waiting time in
excess of seven days; in three it is but tnree days. The length of
waiting time in each Province and the rule as to retroaction in case
of disability continuing for prescribed periods are as follows:
W aiting period
Province
Alberta_________ ____
British Columbia____
Manitoba— . ________
New Brunswick______
Nova Scotia_________
Ontario_____________
Quebec_________ ____
Yukon Territory____
3 days.
3 days.
3 days.
7 days.
6 days.
6 days.
6 days.
13 days.
None if disability lasts 10 days or more.
None if disability last more than 14 days*
None
None
None
None
if
if
if
if
disability
disability
disability
disability
COMPENSATION
lasts over 6 days.
lasts over 6 days.
is permanent.
lasts over 13 days.
SCALE
The Canadian compensation acts differ from most of the acts in the
United States in that they provide specific monthly payments for
widows, dependent widowers and children instead or percentages of
1lie wages of the decedent. In Quebec, howrever, a percentage is used,
and in Yukon Territory a lump sum of $2,500 is paid dependents.
This in effect establishes a uniform relief on the apparent assumption
of a standardized necessary support, tending to reduce to uniformity
the conditions of the families of the higher and lower paid work
men. In three Provinces (New Brunswick, Nova Scotia, and On
tario) the wage rate is effective in restricting amounts, not more than
a fixed rate (55 per cent of the wages in the first two and 66% per
1 New Brunswick, Quebec, and Yukon Territory.
596
W ORKM EN 's COMPENSATION LAWS— CANADA
cent in Ontario) being allowed as aggregate benefits. As regards
disability, all laws use the percentage basis for disabilities, except
that of lukon Territory, where a lump sum is paid for permanent
total disability, and fixed amounts for specified permanent partial
disabilities.
Medical, surgical, and hospital aid is uniformly provided except in
Yukon, artificial members and appliances as needed being also pro
vided for in British Columbia, Ontario, and Quebec. In Nova
Scotia treatment is limited to 30 dajrs and in Quebec to 6 months, no
other restriction being made.
Burial expenses are to be met in all fatal cases except in Yukon,
where a lump sum is paid as a death benefit to dependents; if there
are no dependents, expenses of last sickness and burial are provided
for up to $500.
Compensation proper in case of death is usually a fixed sum
monthly to the surviving consort ($80 in Manitoba, New Brunswick,
and Nova Scotia, $35 in Alberta and British Columbia, and $40 in
Ontario), with additional sums for children under the age of 16.
This sum is $7.50 in British Columbia, New Brunswick, and Nova
Scotia, $10 in Ontario, and in Alberta and Manitoba $12 for the
eldest, $10 for the second, $9 for the third, and $8 for each other
child. Restrictions are that the aggregate shall not exceed 55 per
cent of the wages in New Brunswick and Nova Scotia, 66% per cent
in Ontario, and $65 per month in British Columbia, while no limit
is set in Alberta and Manitoba. As already noted the law of Quebec
grants percentages of wages—20 per cent to a consort and 10 per cent
additional to each child, not over 60 per cent in all, while in Yukon
a lump sum of $2,500 is payable simply if there are dependents.
Benefits to a widow continue until death or remarriage; in the
latter event, she receives a lump sum of $480 in Alberta, two years’
benefits in Manitoba, New Brunswick, and Ontario, same not to
exceed $480 in British Columbia, 12 months’ benefits in Quebec, and
$20 monthly for 25 months or an equivalent lump sum in Nova
Scotia.
For total disability the provisions of the laws show a tendency to
vary quite suggestive of the practice in the United States. The
payments continue during disability except in Yukon, and are 55
per cent of the wages in NTew Brunswick and Nova Scotia, 62J/o per
cent in Alberta and British Columbia, and 66% per cent in Manitoba,
Ontario, and Quebec. The minimum is $5 weekly in British Co
lumbia and Nova Scotia, $6 in New Brunswick," $10 in Alberta,
$12.50 in Ontario, and $15 ($12.50 if disability is temporary) in
Manitoba. This minimum is reduced in each Province to the actual
wage in case it is less than the sum named. In Quebec the minimum
basic wage is $600. Maximum limits are $1,140 per annum in
Alberta, and a limitation on the wage used as a basis of compula
tion elsewhere—$2,000 per annum in British Columbia, Manitoba,
Ontario, and Quebec; $1,200 in Nova Scotia; and $125 per month in
New Brunswick. In Yukon, if the disability is permanent. $3,000
is paid as a lump sum; if temporary, 50 per cent of the earnings
payable weekly for not more than six months.
PRINCIPAL FEATURES OF LAWS OF CANADA RELATING TO WORKMEN’S COMPENSATION AND INSl
Employments covered
Compensation benefits
Suits for damages
Special contracts
Injuries covered
Waiting period
Maximum and minimum
weekly compensation
payments
Death
(«) Dependents
(6) No dependents
Total disability
(a) Permanent
(ft) Temporary
,and surgical aid
Private
Public
Cbmpulsorv, as to enumerated em
ployments. Exemptions: Cer
tain classesofrailroademployees,
farm and ranch labor, out
workers. casual employees not
In usual course of employer’s
business, and itinerant em<
Compulsory, as to em
ployments covered.
Employers must con Not permitted.
tribute to State ac
cident fund.
Waivers forbidden.... Personal injuries by accident aris 3 days. None if dis Disability, Q2H per Death: No limit. Total Death, during life or until (a) Burial expenses, maximum, (a) (ft) 62Vf por cent of earnings 62;$ ^ ccnt of
$100; widow or invalid widower,
disability: Mftftimim,
during continuance* not over
continuance.
ability continues for
cent.remarriage of widow.
ing out of and in tho coursoof the
$1,140 per annum, nor less than
$35 monthly; additional pay
employment, unless duo solely
Disability, during its
$1,110 per annum; mini
10 days or more.
$10 weekly unless wages are less.
ments for each child, (tyllear
to serious and willful miscon
mum, 910 weekly, or
sonatdeexpenses of last sickness,
duct except in case of death or
actual wages.
serious disability. Enumerated
burial not over $100.
British Colombia. Approved Compukory, as toenumerated em Compulsory, as to em
Juno 21,100$ in effect May
ployments. Exemptions: Farm
ployments covered,
1,1003. Nov act, May 31,
labor, domestic service, travel
1916; in effect Jan. 1, 1917;
ing salesmen, outworkers, aw
as last amended, 1925.
casual employees not in usua.
course of employer's business.
Voluntary, as to exempted em*
ploymcnts.
Manitoba. Approved Mar. Compulsory, as to enumerated em
>, as to em10, 1910; in effect Jan. 1,
ployments. Exemptions: Farm
1911. .New act, Mar. 10i
labor, domestic service* out
1916. New act, Mar. 27,
workers. nonhazordous clerical
1920; in effect Jan. 1,1921;
occupations, and casual em
as last amended, 1925.
ployees not m usual course of
employer's business. Voiuntar,
as to exempted employments.
New Brunswick. Approved, Compulsory, as to enumerated Compulsory, as to mu
Apr. 26,1918; in effect Jan.
employments.
Exemptions:
nicipal employe
1, 1919; as last amended,
Fann labor, domestic service,
except members „
1924.
outworkers, traveling salesmen,
police and lire dcnonhazardous clerical occupa
------------ Fel«»tions, and casual employees not
tary, as to provincial
in usual course of employer's
and Crown empioybusiness. Voluntary, as to ex
empted employment*.
Nova Scotia.
A i ____ _ Compulsory, as to enumerated em Compulsory, as to em
Apr. 22,1910; in effect Feb.
ployments. Exemptions: Out
ployments covered;
1, 1911. New act Apr. 23,
workers, traveling salesmen,
members of munici
1916; in effect Jan. 1,1917;
casual employees not in usual
pal police and firo
as last amended, 1983.
course of employer’s business.
departments are ex
Voluntary, as to exempted em
cepted.
ployments.
Employers must con Not permitted.,
tributeto 8tate acci
dent fund.
Waivers forbidden.... Personal injuries by accident aris 3 days----ing out of and in course of the
employment, unless due solely
to serious and willful miscon
duct, except In case of death or
serious and permanent disa
bility.
Enumerated occupa
tional diseases included.
Waivers forbidden___ Personal Injuries by acddcnt aris 3 days..—. .. ...... ...
ingoutof and Incourseof theem
ployment, unless duo solely to
serious and willful misconduct
exccgt in case of death or serious
Alberta. Approved Mar. 5,
1003; In effort, Jan. 1,1809.
New act, Apr. 1 3 ,191& In
effect, Jan. 1, 1910; as last
amended, 1825.
Per cent of wages
Compulsory, as to enumerated em
ployments. Exemptions: Farm
labor, domestic service, out
workers, and casual employees
not in usual course of em
ployer's business. Voluntary,
as to exempted employment.
Quebec. Approved, May 29,
1909; in effect Jan. 1, 1910;
New act, Mar. 24, 1020; in
effect Apr. 1,1927.
Compulsory, os to enumerated em
ployments. Exemptions: Farm
labor, domestic servico and sail
ing vessels.
Yukon Territory. Approved,
Apr. 24,1917. .
Compulsory, as to all employ
ments except those having less
than 5 employees, outworkers
and casual employees not in
usual course of employer’s busi-
1965*—26.
(To face p. 597.)
Employers must con Not permitted_____
tribute to State ao>
cfdent fund.
Disability, 02K per Death: Monthly pension, Death, during life or until (a) Burial expenses, maximum,
$100; widow or invalid widower,
cent.
remarriage of widow.
maximum 365. Disa
$35 a month; $7.50 additional for
Disability, during its
bility: Weekly maxi
each child; monthly maximum,
mum $25.01; minimum
$65. (ft) Burial expenses, maxi
$5, or actual wages.
mum, $100.
Administrative
system
TTow compensation claims are
Accident reports required
Acddcnt prevention work
by— fa) Compensation
commission, (ft) Other
agencies
Province.
employers under compensa (a) Yes. (ft) Factory in- Alberta.
Parents only after 2 years’ Notice before leaving Workmen's compen Board has exdusivo and final All
tion act must report rJl acci
spector;1 mine inspec
Jurisdiction over all matters; no
sation board.
the plant, if pos
residence of worker in
dents
within 24 hours to work
tor.1
appeal
to
courts.
sible, and in any case
Canada if British, l year
men's compensation board.
before leaving em
if of other nationality.
ployment; claim in
12 months.
as soon as prac Workmen's .
02H per cent of wages dur- 62H per ccnt of wage loss during, surgical, and hospi- Benefits may be reduced on Notice
sation board.
ticable; daim in l
basis of comparative cost
disability. Compensation Cor. including artificial
____ disability; weekly maxi
year.
of
living.
disfigurement of head or face, as reasonably necesmum. $24.04, minimum $5, or
rportation induded;
>vision for seamen;
hospital fund pcr-
Board hasexclusive and final Juris All employers must report ail ae- (a) Yes. (ft) Department British Columbia.
of Iabor;i department of
ddents within 3 days to work
diction over all matters; no
mines.1
men's comiM'iisatiou board.
appeal to courts.
employers must report all ac- (a) No provision, (ft) Bu Manitoba.
Included only If comity Notice as soon as prac Workmen’s compen Board hasexclusive and final Juris Allcidcnts
reau of labor;1 mine in
within 3 days to work
diction over all matters; no
sation board.
ticable, not lator
exists; benefits to corre
spector.1
men’s
compensation board.
appeal
to
courts.
than
30
days;
daim
spond to rato of foreign
in 1 year.
law.
AMril Knvlfkl
Personal injuries by accident aris 7 days___
Disability, 55 per cent.
ing out of and in courso of tbo
employment, unless intention
ally self-inflicted, due to intoxi
cation, serious and willful mis
conduct, or to a fortuitous event
unconnected with tho industry.
Enumerated occupational dis
eases included.
Employers must con Not permitted______ Waivers forbidden.. . . Personal injuries by accident aris 6 days. None If dis Disability, 55 per cent.
tribute to State acci
ing out of fttwi in course of the
ability continues for
dent fanil
employment unless due solely to
mere than 6 days.
serious and wilirul misconduct
except in case of death or serious
and permanent disability. Enu
merated occupational diseases
included.
as to em- Employers u n d e r Not permitted........ Waivers forbidden__ Personal injuries by accident aris 6 days. None If dis Disability, 66ft per
oovered.
Schedule 1 must
ability continues for
ing out of and In course of tho
contribute to Stato
employment, unless due solely
more than 6 days.
accident fund: em
to serious and willful miscon
ployersundersched
duct.
Enumerated occupa
ule 2 '
tional diseases included.
tics, common carrieis, etc.) are in
dividually liable,
but may be roqubed to Insure.
Co:
bmpulsory, astoem- P riv a te employers Not permitted.....__ Waivers forbidden___ Accidents by reason of or in tho 6 days. None if dis Disability, 50 and
ployments
must insure or de
courso of their work.
ability is permanent
66ft per cent.
posit security.
Permitted In lieu of Waivers forbidden.... Personal injuries by acddcnt aris 13 days. None if dis
compensation after
ing out of and in courso of tbo
ability continues for
Injury, If emirioyer
employment, unless duo to in
more than 13 days.
negligent; do*
toxication, or serious and willful
s abrogated.
miscftndnet.
of last sick____ __ _ __j no
•; in other cases cmrnlsbed medical aid
oyer’s hospital fund
ndent fund to which
must contribute.
Disability, 6<8i per Death: No limit. Dis Death, during life or until (a) Burial expensos; maximum, (a) (ft) 66K per cent of wages dur* 66H Per cert of wage loss duringI. surgical, and hospidisability.
?nt as board deems
Ing disability; weekly maximum.
$150; widow or Invalid widower,
ability: Weekly maxi
cent.
remarriage of widow.
necessary, including
$25.64, minimum $15 ($12.5011
Disability, during its
$30 a month; additional pay
mum $25.64, minimum
ments for each child. (ft) Rea
temporary), or actual wages.
$12.50, or actual wages.
continuance.
sonable expenses of last sickness
Employers must con Not permitted______ Waivers forbidden..
tribute to State ac
cident fund.
Compulsory, as to all Not required_______
municipal employ
ees and hazardous
territorial employ
ments.
Time for notice and
ririm
Partial disability
Mwipfttfmml diSMSflg
p lg p i n w h -
Ontario. Approved, May 1,
1914; in effect Jan. 1,1915;
as last amended, 1026.
Maximum period
Nonresident alien
beneficiaries
temporary
ability, 50 percent.
Death: Monthly pension, Death, during lifo or until (a) Burial expenses, maximum,
$100; widow or invalid widower,
maximum 55 per cent of
remarriage of widow.
$30 a month; $7.50 additional for
wages- D is a b i lit y :
Disability, during Its
each child; monthly maximum
W e e k l y maximum
not over 55 per cent of wages.
$15.86, minimum $6.
(6) Burial expenses, maximum,
_____Ity; weekly
$15£6» minimum, $6.
in 14 days;
If temporary, 55 per cent of wage scdicolf surgfccU, and Induded only If comity Notice
daim in l year.
exists.
loss during disability. If — satment as may be
(o) Burial expenses, maximum,
$125; widow or invalid widower,
$10 a month; $10 additional for
each child; monthly maximum
not over 66ft per cent of wages;
minimum $12.50 per week for
widow and one or more children.
of last
(ft)_____
and burial.
Board has Jurisdiction over all All employers under compensa (a) Noprovision. (ft) Em New Brunswick.
ployers’
associations;
tion act must report all disabling
matters; appeal to supreme
factory Inspector.1
acddents within 3 days to
court upon questions of law, but
workmen’s compensation board.
only by permission of such
court.
Workmen’s compen
sation board.
Board has Jurisdiction over all All employers under compensa (a) No provision, (ft) Em Nova Scotia.
ployers’
associations;
tion act must report all disabling
matters; appeal to supreme
_________ of public
accidents within 3 days to
court upon questions of law, but
works and mines.1
workmen's compensation hoard.
only by permission of such
court.
not over $2,500.
Death: Monthly pension, Death, during lifo or until (a) Burial expenses, maximum, (a) (ft) 55 per cent of wages during 55 per eent of impairment of «___
ing capacity during disability.
disability: wockly maximum
$75; widow or invalid widower,
maximum $80, out not
remarriage of widow.
$30 a month; $7JO additional for
$12.60; minimum $5* or actual
Disability, during Us
over 55 por cent of wages;
wages.
cadi child; monthly maximum
Disability: W e ekly
SfiQ, but not over 55 per cent of
maximum $12.60: mini
wages,
{ft) Burial ex
mum $5, or actual wages;
Death: Monthly pension, Death, during life or until
not over 66» per cent
remarriage of widow.
of wages.
Disability:
Disability, during its
Maximum $25.64, mini
mum $12.50, or actual
wages.
Workmen’s compen
sation board.
msammji weekly maxi*
___ i $25.64, minimum $12.50 or
actual wages.
surgical, and
_____r 90 days in
e Injury cases; apablishment benefit
rmitted; special pro-
Induded only if comity Claim In 1 year..
exists; benefits to corre
spond to rato of foreign
law.
employers must report all ac (a) Board may insjieet for Ontario.
only if comity Notice as soon as prac Workmen's compen Board hasexdusivo and final Juris Allcidents
compliance with safety
66H per cent of impairment ni dies!, wmdflrf, and Included
which cause disability
diction over all matters; em
sation board.
ticable and before
exists: benefits' to corre
laws, (ft) Employers’
earning capadty during i rice, induding artior
necessitate mcdical aid within
ployers
individually
liable
may
leaving
employ
spond to rate of foreign
ers and transportaassociations; dcimrtment
ability.
3
days
to
workmen's
compensa
make direct settlements with
ment: daim in 6
law.
>ved establishment
of public works;1 bureau
tionhoard.
employees
with
approval
of
months.
mes permitted.
of mines.1
board; noappeal to courts.
Notice In 30 days; Courts..
and hospital No provision..
Death: Monthly pension, Death: During lifoor until (a) Burial expenses, maximum (a) Two-thirds of wages for Ufo. 50 per eent of wage loss, maxi* __
daim In 1 year.
Induding
mum basic wage, $2,00% mini* • months, indi
50jMr cent of wages during
not over 60 per cent of
$100; consort 20 per cent of wages,
remarriage of widow.
on and necessary
wages. D is a b i lit y :
Disability, during its
10 per eent additional for each
,y*
~ or
Weekly maximum,
child, total not over 60 per cent,
$2544.
(ft) Burial expenses, maximum
[nduded only if comity Notice as. soon as Courts..
of last («)\) $3,000. (ft) 50 per cent of wages For specified Injuries, fixed
Temporary total disabil <«>
daim in
exists; benefits to corre
amounts ranging from $150 to
during disability but for not
ity, 6 months.
s _
spond to rato of foreign
£2,000, ottos proportioned to
over 0 months.
$500*
law.
mum $3,000.
*Not providedforincompensationlaw.
Voluntary agreements between All employers other than the (a) No commission, (ft) Quebec.
Department of public
Province must report all dis
parties must have the sanction
works and labor;1 mine
abling accidents to tho minister
of a Judse or court; disputod
inspector.1
of public works and labor
cases settled by courts.
within 30 days.
(a) No commission, (ft) Yukon Territory.
Voluntary agreement between No provision..
Mine inspector.1
parties; disputed cases settled
by courts.
COMPENSATION LAWS AND INSURANCE SYSTEMS
597
ADM INISTRATION A N D SETTLEMENT OF CLAIMS
With the exception of Quebec and Yukon, the Canadian laws
provide for administration by special boards, with full and usually
final powers of determination of all matters arising in connection
with the subject of compensation. In Quebec adjustments or agree
ments not approved by a court or judge are null and of no effect.
Proceedings are nontechnical and summary and designed to facilitate
prompt action.
ACCIDENT REPORTING AN D PREVENTION
In all jurisdictions except Yukon Territory employers are required
to report accidents befalling their employees; in Quebec, to the min
ister of public works and labor, and in the other Provinces to the
workmen’s compensation boards. The common qualification is that
they must be disabling or cause inability to earn full wages (New
Brunswick, Nova Scotia, Ontario, Quebec), though some require the
reporting simply of “ an accident” (Alberta, British Columbia,
Manitoba).
Inasmuch as the administration of the compensation acts is prac
tically the sole function of the boards, there is little tendency to
charge them with the duty of accident prevention. Provisions there
fore are found, however, in Alberta and British Columbia, while in
Ontario the board may inspect for compliance with safety laws.
NONRESIDENT A LIEN DEPENDENTS
The tendency to avoid or restrict compensation payments to non
resident dependents is hardly so evident in Canada as in the United
States. However, special provision is made in all laws but that of
Quebec,-the most common disposition of the matter being to allow
compensation if by the law ot the country of residence it would be
allowed to a dependent of a citizen of the Province in question
killed in employment in the foreign country. This is in effect the
provision of the laws of Manitoba, New Brunswick, Nova Scotia,
Ontario, and Quebec. Except in New Brunswick, it is further
provided that benefits will be limited in amount to the scale estab
lished by the foreign law; while in British Columbia compensation is
allowed without reference to comity but may be reduced to corre
spond to any existing difference in cost of living. In Alberta only
parents will be considered as dependents of a workman after two
years’ residence in the Province if British, or after one year if of
other nationality.
The appended chart presents in conspectus the items discussed
above. The same headings are used as in presenting the State laws,
though except for exactness in comparability two might‘have been
omitted—the one headed “ Suits for damages ”— s u c h proceedings
being uniformly forbidden except in Yukon, where an option is given
a workman whose injury is due to the negligence of the employer,
and that headed “ Special contracts,” no substitute schemes being
allowed in any Province; even the purpose of uniformity would not
justify the reproduction of the columns relating to election when all
the laws are compulsory.
The text of the laws follows the chart.
TEXT OF WORKMEN’S COMPENSATION LAWS OF CANADA
ALBERTA
ACT OF 1018*
The workmen's compensation act ( accident fund)
1. Title.—This act may be cited as “ The \vorkmeu\s compensation act (acci
dent fund).”
2. Definitions.—Iu this act and in the schedules hereto, unless the context
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 fund” shall mean any fund provided for the payment of com
pensation, outlays, and expenses and the cost of the installation and operation
of mine rescue stations under this act.
(<t) ••Board” shall mean the commission constituted under this act.
(cc) “ Child” shall include an illegitimate child, and any child of any child,
and the child of a husband or wife by a former marriage.
(d) “ Compensation” shall include medical aid.
(e) “ Construction*’ shall include reconstruction, repair, alteration, and
demolition.
(f) “ Dependents” shall mean such of the members of the family ot a work
man 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 lw5en so
dependent.
( g) “ Employer” shall mean every person having in his service under a con
tract of hiring or apprenticeship, written or oral, express or implied, any per
son engaged in any work in or about an industry to which this act applies, and
shall include the Crown in the right of the Province, aud any permanent board
or commission appointed thereunder in respect of any employment whatsoever
and municipal corporations, and school boards, and commissions and boards
having the management of any work or service operated for a municipal cor
poration, and where the services of a workman are temimrarily 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 while he is working for that other person: a contractor contract
ing for the performance of mining operations for another i>erson engaged iu
the industry of mining shall not be deemed to be an employer within the mean
ing of this act, but such other person shall be deemed to be the employer of
the said contractor if actually working and of the workmen employed by him.
(h) “ Employment*’ shall mean employment in any establishment, under
taking, 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. any de
partment or part of such undertaking which would if carried on separately be
an industry within the scope of this act.
(/) “ Industry” shall mean any establishment, undertaking, trade, and busi
ness included iu the schedules hereto, whether the same be carried on in con
junction with other occupations or separately.
ij) “ Industrial disease** shall mean any of the diseases mentioned in the
(•numeration of industrial diseases hereto and any other disease which by the
regulations is declared to be an industrial disease.
ik) ••Invalid” shall mean physically or mentally incapable of earning.
(/) “ Manufacturing” shall include making, preparing, altering, repairing,
ornamenting, printing, finishing, packing, assembling the pans of and adapting
for use or sale any article or commodity.
(m) **Medical referee*’ shall mean a medical referee appointed by the
board.
1 O llic e c o n s o lid a t io n
598
to
A p r.
10, 1 9 2 5 ;
no
u in p iid m o n t s
in
1920.
TEXT OF LAWS— ALBEETA
599
(» ) “ Member of the family” shall mean and include wife, husband, father,
mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grand
son, granddaughter, stepson, stepdaughter, brother, sister, half brother, half
sister and a person standing in loco parentis to the workman or to whom the
workman stands 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 each of his parents and grandparents.
( o ) “ Mine ” shall mean a mine as defined by the mines act.
<p) “ Regulations” shall mean regulations made by the board under the
authority of this act.
(q) “ Workman ” shall mean a person who lias 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 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, acci
dent or catastrophe, and shall include the employees of a contractor con
tracting for the performamte of mining operations for another person engaged
in the industry of mining, and also such contractor whilst actually working.
(r) ‘"Outworker” shall mean a person to whom articles or materials are
given out to be made up, cleaned, washed, altered, ornamented, finished, re
paired, 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.
(a)
“ Medical aid ” shall include the several matters and things, including
all necessary drugs and dressings, which the board is empowered by this act
to provide for injured workmen.
( t) ‘‘ Mine rescue and first aid work” shall include the equipment neces
sary for such work, the repairs thereof, the training necessary for such work,
and the supplies used therein.
3-19. Workmen?* compensation hoard.— [Administration rests with a com
mission of not more than three members to be appointed by the lieutenant
governor in council, who designates one member to be chairman. Terms are
during good behavior, but commissioners may be removed at any time for
cause. Two members constitute a quorum, and the board has the same power
as the supreme court for compelling witnesses to attend, produce books,
papers, documents, etc., and depositions may be taken in manner similar to
that prescribed by the rules of the supreme court. The board may appoint
necessary officers to serve during its pleasure and has exclusive jurisdiction
to hear and determine all matters and questions arising under the act. Its
actions are final and conclusive and not open to question or review in any
court or restraint by injunction, prohibition, or other process, nor are they
removable by ceitiorari or otherwise into any court. The board may re
consider its own acts and rescind, alter, or amend. Its decisions are to be
upon the real merits and justice of the case, without being bound to follow
strict legal precedent.
Without limiting jurisdiction thereto, the board is declared to have exclusive
jurisdiction to determine whether an injury comes within the act, the degree
of disability resulting, the effect on earning capacity, the amount of average
earnings, the amounts of any refunds or adjustments of assessments, the fact
of employment, the existence of dependency and questions of the application
of the statute to any industry or department thereof or workman employed
therein. The board may act on the report of any of its officers or a member,
and may make such regulations and prescribe such forms for carrying out
the act as it may deem expedient. It may add to, withdraw, or rearrange
any of the industries which are or may be included in the schedules appended.
Industries not within the scope of the act may be placed thereunder on applica
tion of the workmen or a majority thereof or of the employer except as to those
excluded by paragraphs (a), (b), (c), and (e) of section 70. Application
shall be for a period of not less than 12 months, at the end of which the
employer or a majority of his employees may on notice withdraw, but in
default of such notice the industry will remain under the act until withdrawn.
The board may require an employer to include in his pay roll the wages of
all workmen in any industry which, if carried on separately, would come
within the act, and on such requirement being made the workmen shall be
deemed to be within the scope of the act. Questions of inclusion of an indus
try or any part thereof arp to be decided finally by the board. Annual reports
600
W ORKM EN’ S COMPENSATION LAWS— CANADA
of the transaction* of the board are to be made to tlie lieutenant governor in
council. 1
20-30. Premiums.— [The board is required to make assessments from time to
time on the employers in such amounts as to pay the expenses of the board
in administering this act and the electrical protection act, including mine
rescue and first-aid work; to pay benefits from the accident fund; to provide
capitalized reserves in respect of such accidents as have occurred; to provide
a disaster fund; and to provide for losses which, in the opinion of the board
it would be unfair to place upon the employers in any particular class. No
capitalized reserve fund is to be provided for employments under the Dominion
or provincial Governments.
No assessment shall be less than $2.50, and no earnings of any workman in
excess of *$2,000 per year shall be used as a basis for assessments. If the
workmen or any group employ a workman as cheekweigher, checker or other
wise, premium is to be paid in respect of such workman, and the employer may.
deduct the amount from the wages of the workmen or group of workmen
employing him. Employers are liable whether the assessment is made or not,
and an employer continues liable in cases of deficiency arising from default
even though the deficiency has been made up in whole or in part by a special
assessment.
Provision is made for the formation of reserve funds, the recovery of
premiums by actions as for debt, and for prosecution for default or for viola
tions of rules or regulations. If an accident is found to be due entirely
to the failure of the employer to comply with the directions of the board or the
regulations made under this act, the board may levy and collect from theemployer a sum not exceeding one-half of the amount of compensation payablein respect of the injury, but not more than $300 in any case. If the default
was excusable, the employer may be relieved from such liability in whole or in-:
part. Employers are required to submit wage statements annually, and at such:
other times as the board may require, and it may examine the books and ac
counts of employers for the purpose of ascertaining the amounts of the pay*
roll. If incorrect statements are found, adjustment is required.
The board has power to investigate and inspect as to safety and determine*
and enforce suitable devices and safety standards. Employers are required to*
keep a careful account of wages paid and any amount due the board on any
assessment made by it is a prior charge upon the property of an employer.]
31-33. Accident fund.— [Separate accident funds are to be maintained for
each schedule, and compensation and administration costs for such schedules:
are to be paid therefrom. If funds are not available at any time when a
payment for compensation becomes due, the lieutenant governor iu council
may direct an advance to be made out of the general revenue fund for the
purpose. Individual accounts are to be kepi with the different employers, but
for the purpose of paying compensation each accident fund is to be deemed
one and indivisible. If the board finds that any employer does not take
sufficient precautions as to safety or sanitation, it may assess an- additional con
tribution as it deems just.]
34.
Compensation payable; waiting time.— (1) Where in any employment to
which this act applies personal injury by accident arising out of and in
the course of the employment is caused to a workman compensation shall be
paid unless the injury is attributable solely to the serious and willful miscon
duct of the workman and death or serious disablement does not result from it.
(la ) Notwithstanding any of the provisions of this act, when a workman is
frostbitten in the course of his employment, such occurrence shall be deemed,
to be an accident arising out of and in the course of his employment within the
meaning of this act.
(lb ) The preceding subsection shall be deemed to have been in effect from the
last day of September, 1924.
(2) Compensation shall not be payable out of the accident fund to an em
ployer or the members of the family of an employer unless application to come
within the scope of this act has been received and approved by the board.
(3) Such application shall contain the names of the employer and members of
the family of the employer, together with the estimated amount of wages for
the ensuing year for such employer and members of the family of the employer.
(4) Upon compliance with the provisions of this section and of section 21
of this act. such employer and members of his family shall be deemed work
men and they and their dependents shall be entitled to compensation as:
provided by this act
TEXT OB’ LAWS— ALBEBTA
601
(5)
Assessments shall be levied upon the said estimates and compensation
shall be payable on the basis of the same.
(0)
If a workman is disabled for a period of 10 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 10 days he shall be paid for and from the fourth day after
the accident.
35. Nonresident dependents.—In the case of an injury to a workman after
the expiry of two years, if he is of British nationality, or of one year, if he
is not of British nationality, from his arrival in Canada, it shall be conclu
sively presumed that he lias, at the time of such injury, no dependents other
than his father and mother, or either of them, save dependents as are resident
in Canada.
36. Who to contribute to fund.— (1) Employers to whom this act applies
shall be liable to contribute to the accident fund, as herein provided.
(2) Where any work within the scope of this act is undertaken for 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 wThich 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.
(3) Where contribution to the accident fund is claimed from the principal,
in this act reference to the principal shall be substituted for reference to
the employer.
(4) 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.
(5) Nothing in this section shall prevent the board from levying or collecting
contribution to the accident fund on or from the contractor or any subcon
tractor instead of on or from the principal.
(6) Except as authorized by the provisions of this act, sit 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 he is or may become liable
to pay to the board, or to require or to permit any of his workmen to conr
tribute in any manner toward indemnifying him against any liability which
he has incurred or may incur under this act.
37. Accidents outside Pro-vince.— (1) Where an accident which would entitle
the workman or his dependents to compensation under this act, if it happened
in the Province, happens while he is employed elsewhere than in the Province,
the workman or his dependents shall be entitled to compensation under this
act—
(ci) 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 the workman is a resident of the Province and the nature of the
employment is such that in the course of the work of service which the
workman performs it is required to be performed both within and without
the Province.
(2) Except as provided by subsection (1) of this section, 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
liapi>ening 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.
602
W OBKM EN’ s COMPENSATION LAWS— CANADA
38. Suits forbidden.— [The provisions of this act are exclusive and no action
for the recovery of compensation will lie, blit all claims are to be heard and
determined by the board.]
39. Change of residence,— f If a workman receiving periodical payments
leaves the Province, he is entitled to no further benefits, unless on certification
of injury of a permanent nature, when quarterly payments may be made.
Examination by a medical referee may be required.]
40. Waivers.— [Agreements waiving an employee's right under the act are
absolutely void.]
41. Assessments.— [Benefits under the act may not be assigned, attached,
or any claim set off against them without the approval of the board.]
42. Notice.— [Notice of accident must be given to the employer before the
injured person leaves the plant, if he is able to give it, and in every case
before he has voluntarily left the employment. Claims are barred unless
made within 12 months from the happening of the accident, or of death if
the injury was fatal.]
43,44.
Medical examination.— [If, and only if, required by the board, a
claimant must submit to examination by a medical referee, who must certify
to the board the condition of the workman and his fitness for employment,
or if unfit the cause therefor. Failure or obstruction by the workman sus
pends the right to benefits.]
45. Special medical treatment, etc.— [If the board is of the opinion that a
special surgical operation, medical treatment, or apparatus will avoid heavy
expense for permanent disability or will appreciably alleviate an injury, the
same must be supplied and the cost met from the accident fund, but without
affecting payments made to the workman.]
40.
Review.—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 such payment or may increase it to- a sum not
beyoud the maximum hereinafter prescribed.
47. Retarding recovery.—Upon the board being satisfied that a workman’s
recovery from any injury coming within this act has been prevented or re
tarded by his own misconduct, it may reduce, suspend, or terminate any
payment to such workman under this act.
48. Lump sums.— [Commutation to a lump sum may be made in any case;
and where the board is of the opinion that the interest or pressing need
of the beneficiary warrants it advance payments may be made. In cases of
death or permanent total disability or where there is permanent partial
disability in excess of 10 per cent of the earning capacity no commutation
will be made, except on application and at an amount agreed to by the
beneficiary.]
49. Benefits.— (1) Where death results from injury tbe amount of com
pensation shall be—
(a) The necessary expenses of burial of the workman, not exceeding $100;
(&)
Where a widow or invalid widower is the dependent, a monthly pay
ment of $35;
(c)
Where the dependents are a widow or invalid widower and one child
under the age of 16 years, a monthly payment to the widow or invalid widower
of $35, with an additional payment of $12 in respect of such child; where the
dependents are a widow or invalid widower and two children under the age
of 16 years, a monthly payment to the widow or invalid widower of $35, with
additional payments of $12, in respect of the eldest of such children and $10
in respect of the other child; where the dependents are a widow’ or invalid
widower and three children under the age of 16 years, a monthly payment to
the widow or invalid widower of $35, with-additional monthly payments of $12
in respect of the eldest of such children, $10 in respect of the second eldest
of such children, $9 in respect of the youngest of such children; and where
the dependents are a widow or invalid widower and four or more children
under the age of 16 years, a monthly payment of $35 to the widow or invalid
widower and additional monthly payments of $12 in respcct of the eldest of
such children. $10 in respect of the second eldest of such children, $9 in respect
of the third eldest of such children, and $8 in respect of each of all the other
children:
(<f) Where the only dependents are children, a monthly payment of $15 to
each child under the age of 16 years;
(e)
Where the only dependents are persons other than those mentioned in
the foregoing clauses a sum reasonable and proportionate to the pecuniary
TEXT OF LAWS— ALBERTA
603
loss to such dependents occasioned by the death, to be determined by the board,
but not exceeding $30 per month to a parent or parents, and not exceeding in
the whole $65 per month.
(2) Where the workman leaves no widow, or the widow subsequently dies
and it seems desirable to continue the existing household, and an aunt, sister,
or other suitable person acts as foster mother in keeping up such household
and maintaining and taking care of the children entitled to compensation, in
a manner which the board deems satisfactory, such foster mother while so
doing shall be entitled to receive the same monthly payments of compensation
for herself and the children as if she were the widow of the deceased, and in
such case the children's part of such payments shall be in lieu of the monthly
payments which they would otherwise have been entitled to receive.
(3) As long as any payment is being made in respect of a child under the
provisions of the preceding subsection, no other payment shall be made in
respect of such child.
(4) “ Existing household” in this section shall mean any household where
all the children are maintained and taken care of by one foster mother.
(5) All payments to foster mothers under the provisions of this section shall
(‘ease when all the children have either reached the age of 16 years or have
died.
(6) In the case provided for by paragraph (e) of subseetion (1) of this sec
tion 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.
(7) Compensation shall be payable to an invalid child without regard to
the age of such child, and payments to such child shall continue so long as in
the opinion of the board it might reasonably have been expected, had the work
man lived, he would have continued to contribute to the support of such child.
(8) Where there are both total and partial dependents, the compensation
may be allotted partly to the total and partly to the partial dependents.
(9) Where 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 person
or be applied in such manner as it may deem most for the advantage of the
child.
(10.) Where a payment to any one of a number of dependents ceases, the
board shall readjust the payments to the remaining dependents so that the
remaining dependents shall thereafter 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.
49a. Commitment to jaM, etc.— (1) Where any person entitled to compensa
tion under this act is committed to a jail or prison, compensation shall not be
payable to such person for the period of his confinement therein, but the
board may pay the whole or any part of such compensation to any dependent
of any person so committed.
(2)
If any person entitled to compensation under this act is committed to
any institution, the compensation otherwise payable to or in respect of such
I>erson may in the discretion of the board be paid to the governing body of the
said institution.
50. Remarriage of widow.— (1) Subject to the provisions of section 49 hereof,
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 of $480, and such lump
sum shall be payable within one month after the date of her marriage.
(2)
Subsection (1) of this section shall hot apply to payments to a widow
in respect of a child, but the payments provided in paragraph (c) of subsec
tion (1) of section 49 hereof in respect of a child other than an invalid child
shall cease when the child attains the age of 16 years or dies.
51. No dependents.—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 shall be paid to the persons to whom such
expenses are due.
52. Permanent total disabUity.—-(1) Where permanent total disability results
from the injury, the amount of the compensation shall be a weekly payment
during the life of the workman equal to 62% per cent of his average weekly
earnings.
1965°—26------ 39
604
w o r k m e n 's
COMPENSATION LAWS'— CANADA
(2) In the following cases it shall be conclusively presumed that the injury
is permanent and results in total disability, that is to say:
(a) Total sind 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.
(e) Any injury to the spine resulting in permanent and complete paralysis
of legs or arms or one leg and one arm.
(f) Any injury to the skull resulting in incurable imbecility or insanity.
(3) In the case of injuries other than those specified in the next preced
ing subsection, the board shall determine whether permanent total disability
has resulted or not.
53. Permanent partial disability.— (1) Where permanent partial disability
results from the injury, the compensation shall be a weekly payment of 62
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 accident, and the com
pensation 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 its opinion it would not be to the advantage of the work
man 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) Notwithstanding the provisions of this section, the board may in respect
of accidents happening after the 30th day of April, 1924, and in case the work
man is seriously and permanently disfigured about the face or head, or other
wise permanently injured, recognize an impairment of earning capacity and
may allow lump sums or periodical payments or both as compensation.
54. Temporary total distuWtty.—Where temporary total disability results
from the injury, the compensation shall be on the same scale as prescribed by
section 52 hereof, but shall be payable only so long as the disability lasts.
55. Temporary partial disability.—Where temporary partial disability results
from an injury 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 62V> per cent of the difference between 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 provision's of this act.
56. Computing earnings.— (1) In ascertaining the average weekly earnings
of a workman for the purposes of this act, the board may take into considera
tion any number of weeks during which the workman has been employed by
his employer previous to the happening of the accident.
(2) If by reason of the shortness of time during which the workman has
been in the employment of his employer, or the casual nature of the employ
ment, it is impracticable at the date of the accident to compute the rate of
remuneration, regard may be had to the average earnings which are being
earned by a person in the same grade of employment.
(3) 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 w'hom he was working at the
time of the accident.
(4) 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.
(5) The amount of compensation to which an injured person shall be en
titled under the provisions of this act shall, notwithstanding any other pro
visions thereof, not exceed the rate of $1,140 per annum.
(6) For the purpose of ascertaining the amount of compensation- payable
tinder the provisions of sections 53 and 55. 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, but not so as in any case to exceed
$2,000 per annum.
TEXT OF LAWS— ALBERTA
605
57. Minimum benefits; earnings; minors.— (1) The amount of compensation
to which an injured person shall be entitled for temporary total or permanent
total disability under the provisions of this act shall not be less than $10 per
week, or where his average earnings are less (ban $10 per week the amount
of such earnings.
(2) Notwithstanding that the ascertainment of the amount of compensation
is based upon the average weekly earnings, such compensation may be paid
periodically and at such intervals as may seem good to the board.
(3) Notwithstanding the provisions of this act with reference to average
earnings, the board may, in its discretion, agree with the workmen and em
ployers or their representatives, in any industry or part thereof, as to what
is the average wage earned by the workmen, and such average earnings when
agreed ui>on shall be deemed to be the average earnings of the workmen
affected.
(4) Where the workman was at the date of the accident under 21 years of
age, and it is established to the satisfaction of the board that under normal
conditions his wages would probably increase, the fact shall be considered in
arriving at his average earnings.
58. Other benefits.— (1) In fixing the amount of a payment regard shall be
had to any payment, allowance, or beuefit 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.
(2)
For the purpose of ascertaining the amount of compensation due, such
amount may be computed on a daily basis.
50. Minors.—Where a workman or a dependent is under the age of 21 years
or under any other legal disability, the compensation to which he is entitled
may be paid to him or be applied in such manner as the board may deem most
for his advantage.
60. Medical aid.— [No plan for providing medical aid to workmen under the
act shall be valid, and employers may retain nothing from the wages of em
ployees for such purpose unless approved by the board. If no such plan has
been approved, the board may require the employer to retain designated sums
for medical aid from the wages and pay the same to the board to form a part
of the accident fund to he used as a special fund for medical aid. Employers
failing to retain such sums are personally liable in the amounts directed.
When the board provides medical aid or takes pay therefor, the amount pay
able to any physician is to be fixed by the board, and no greater amount may
be recovered from it or any other person. The board may make contracts with
doctors, nurses, hospitals, etc., but where it deems it expedient, selection of
the physician may be left with the injured workman. Immediate transporta
tion to a hospital and necessary attention on the journey must be provided to
all injured workmen in need of hospital treatment on information to the em
ployer or his agent.]
61. First aid.—Employers in any industry shall, when required by the board,
install and maintain such first-aid appliances and service a# the board may
direct
62. TMust rial diseases.— (1) Where—
(a) A workman suffers from an industrial disease as defined by this act,
and is thereby disabled from earning full wages at the work at which he was
employed; or
(b) 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 12 mouths previous to the date of the disable
ment, whether under one or more employments, the workman or his dependents
shall be entitled to compensation under this act as if the disease were a per
sonal injury by accident arising out of and in the course of that employment,
and the disablement shall be treated as the happening of an accident.
(2) If the workman at or immediately before the date of the disablement
was employed in any process .mentioned in the second column of the enumera
tion of industrial diseases hereto and the disease contracted is the disease in
the first column of the said schedule set opposite to the description of such
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 an industrial disease to report to the board such
information relating thereto as it may require.
606
w o r k m e n 's
COMPENSATION LAWS— CANADA
(4)
Nothing in this section shall affect the right of a workman to compensa
tion in respect of a disease to which this section does not apply, if the disease
is the result of an iujury in respect of which he is entitled to compensation
under this act
63-85. Notices and receipt*.— [Employers must keep conspicuously posted
certificates or duplicates of their last assessment receipts and such other
notices as the board may require. It is the duty of workmen entering
employment to satisfy themselves that the employer has paid his assessment
and that subsequent assessments are paid when due. No employer may employ
workmen without complying with the provisions of the act, and notice must be
given within 10 days after he ceases to be an employer within the meaning of
the act, together with a statement of the total amount of wage earnings for the
portion of the current year.
Employers must be given notice of all accidents to their workmen within 24
hours after knowledge thereof; also of return to work within 24 hours after
that fact is known. Physicians and surgeons attending injured workmen must
report within five days after the first attendance and also on the first day of
each month and at such other times as the board may require. All books,
notices, etc., are to be in a form approved by the board.]
66-68. Penalties.— [Penalties of fine or imprisonment are imposed for viola
tion of the act, but no prosecution may be instituted therefor except by some
person appointed by the board.]
69. Application.— [The act applies to the employments designated in the
schedules appended.]
70. Exemption*.— [Exempt are those employees whose employment is of a
casual nature and otherwise than for the purpose of employer's trade or busi
ness unless brought within the act by action of the board; outworkers; and
])ersons employed in itinerant industries; certain employees of designated rail
way companies (extensive list of operative and maintenance men, shopmen, and
accessory workers; the same companies are named in classes 9 1 - 9 4 , 9 8 , schedule
2) ; 2 persons employed in the industry of farming and ranching; all subject to
the powers of the board as to inclusions, classifications, etc.]
S chedule 1
Class 1. Employment incidental to or connected with coal mining, other than
cool mining by the removal of the overlying strata;
Class 2. Employment incidental to or connected with the operation of coke
ovens;
Class 3. Employment incidental to or connected with the operation of
briquetting plants;
Class 4. Employment incidental to or connected with mining other than coal
mining;
Class 5. Employment of employees of workmen in or about mines;
Class 6. Employment incidental to or connected with coal mining by the re
moval of the overlying strata.
S ch ed u le 2
Any trade or business connected with the industries of lumbering, fishing,
manufacturing, building, construction, engineering, transportation; 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, fiour milling,
packing plants, printing, lithographing, and engraving, telephone and telegraph
systems; laundries run by mechanical power; excavation, well drilling, opera
tion of gas and oil wells, operation and maintenance of freight and passenger
elevators, including the work of janitors in buildings where such elevators are
operated; quarrying, lumber yards, wood yards, ice, and any occupation inci
dental to or connected with the industries enumerated in this schedule, also
2 The compensation board reports about 55 per cent of railway men in the Province
excluded, and about 45 per cent included.
TEXT OF LAWS— ALBEBTA
607
including moving pictures and theaters, and by way of specific enumeration,
but not so as in any way to interfere with or affect the generality of the pre
ceding words thereof, the following classes of industries:
Classification
Class 13. Lumbering, logging, river driving, rafting, booming; sawmills,
shingle mills, lath and planing mills, sash and door factories, lumber yards (in
cluding delivery); manufacturing of wooden boxes, furniture, fixtures, small
boats, canoes, mattresses, bed springs, artificial limbs; upholstering and pic
ture framing; carpenter, joiner, or cabinet work in shop.
Class 15. Sand, shale, clay, or gravel pits; manufacture of brick, tile, sewer
pipe, glass products, porcelain, pottery, cement, concrete, plaster blocks, artificial
stone; stone cutting and dressing; quarrying, stone crushing, lime kilns, marble
works; manufacture, transmission, or distribution of natural or artificial gas
or oil; manufacture of paint, chemicals, compounds, artificial ice; boring,
drilling, sinking of artesian wells; preparation of metal or minerals; reduc
tion of ores and smelting; oil refineries; creosoting of timbers; handling of
natural ice.
Class 20. Garages, blacksmith shops, machine shops; tinsmithing and sheetmetal works; gas or electric welding; locksmiths, gunsmiths; ornamental iron
works, foundries, rolling mills, fabrication of structural steel, iron, or metal;
manufacture of agricultural implements, vehicles, typewriters, cash registers,
adding machines, rubber stamps, pads, stencils, gold or silver ware, jewelry.
Class 27. Grain elevators, flour milling; manufacturing of cereals, cattle
foods, liquor, beverages, wine, vinegar, cider (including bottling) ; packing
plants, abattoirs; manufacturing of meat products, soap, toilet preparations,
drugs, medicines.
Class 37. Warehousing, storage, teaming, cartage; wood and coal yard (in
cluding teaming) ; manufacture of wearing apparel; power laundries, dyeing,
cleaning, bleaching; printing, lithographing, engraving; moving pictures and
theaters; manufacture of leather goods, rubber goods, tobacco products, textiles,
fabrics; scrap and junk dealers, liveries, stable, taxi, or motor; aeroplane trans
portation; aeroplane mechanics; janitors, mail contractors, food products,
creameries, and bakeries.
Class 39. Building construction, concrete or cement work, bricklaying,
masonry, structural carpentry, lathing, plastering, floor laying, painting, deco
rating, renovating, roofing; sheet-metal work on buildings; electric wiring;
installation of lighting fixtures; plumbing, heating, sanitary engineering, gas
and steam fitting, sewer or water work construction; tunneling, well digging,
trenching; excavation work for foundations; road making, street paving,
culvert construction, house wrecking, house moving, construction, installation
or operation of electric-light plants, power plants, telegraph lines, telephone
lines; bridge construction; installation of elevators, fire escapes, engines,
boilers, heavy machinery; erection of windmills; railway construction; irriga
tion operations, dredging, fishing; operation of boats; window cleaning; ex
hibition associations.
Class 45. Operation of express companies in connection with railways.
Class 89. Municipal corporations.
Class 91. Canadian Pacific Railway Co.
Class 92. Grand Trunk Pacific Railway Co.
Class 93. Canadian National Railways.
Class 94. Edmonton, Dunvegan & British Columbia Railway; Central Canada
Railway.
Class 97. School boards; University of Alberta.
Class 98. The .Alberta & Great Waterways Co.; Lacombe & Northwestern
Railway Co.
Class 99. The Workmen’s Compensation Board.
S ch ed u le 3
Class 95. Employment by Dominion Government.
Class 96. Employment by provincial government of Alberta; or by any
permanent board or commission appointed thereunder, other than the work
men’s compensation board.
608
W ORKM EN'S COMPENSATION IA W S — CANADA
EN UM ER ATIO N
OF IN D U S TR IA L DISEASES
Description of disease
Description of process
Anthrax______________________________Handling of wool, hair, bristles, hides
and skins.
Lead poisoning or its sequelfe__________ Any process involving the use of lead
or its preparations or compounds.
Mercury poisoning or its sequel®_______ Any process involving the use of mer
cury or its preparations or com
pounds.
Miners’ phthisis---------------------------------- Mining.
Phosphorus poisoning or its sequelae------ Any process involving the use of
phosphorus or its preparations or
compounds.
Arsenic poisoning or its sequel®________ Any process involving the use of
arsenic or its preparations or com
pounds.
Ankylostomiasis______________________ Mining.
BRITISH COLUMBIA
ACTS OF 1916
Chapter 77.—Compensation of workmen for injuries1
1. Short title.—This act may be cited as the “ workmen’s compensation act.’9
2. (1) Definitions.—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.
“Accident fund ” shall mean the fund provided for the payment of compen
sation, outlays, and expenses under Part 1.
“ Board” shall mean workmen's compensation board.
“ Compensation ” shall include medical aid.
“ Construction” shall include reconstruction, repair, alteration, and demoli
tion.
“ Dependents” shall mean such of the members of the family of a work
man 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 con
tract of hiring or apprenticeship, written or oral, express or implied, any
person engaged in 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 Prov
ince and municipal corporations and boards and commissions having the
management of any work or service operated for a municipal corporation.
“ Employment,” when used in Part I, means aud 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 declared 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 23 is em
powered to provide for injured workmen.
“ Member of the family” shall mean and include wife, husband, father,
mother, grandfather, grandmother, stepfather, stepmother, son. daughter, grand
son, granddaughter, stei>son, steinlaughter, brother, sister, half-brother, and
* As last ameiided, 1925.
TEXT OF LAWS— BRITISH COLUMBIA
609
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 con
sanguinity or not so related, and where the workman is the parent or grand
parent of an illegitimate child shall include such child, and where the work
man 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 promises 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
corporation.
Physician ” shall mean and include any person registered under the “ medi
cal 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 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 written approval 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 en
dangers 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 lie is engaged as a member of the in
spection 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 re
quired by general rule 37, section 101 of the “ coal mines regulation act/’
(2) This act shall not apply to domestic servants or to their employers.
P
art
I .— Co
m p e n s a t io n
to
W
o rkm en
a n d
D
ependents
4. Application.—This part shall apply to employers and workmen in o p
about the industries of lumbering, mining, quarrying, excavation, well drilling,
fishing, manufacturing, printing, construction, building, engineering, trans
portation; operation of railways or tramways; operation of telegraph or tele
phone systems; operation of lumber, wood, or coal yards; operation of steamheating plants, power plants, electric-light and electric-power plants or systems,
gas works, water works or sewers; operation of municipal police forces or
municipal fire departments; operation of theater stages or kinematographs;
operation of power laundries, stockyards, packing houses, refrigerating or
cold-storage plants, docks, wharves, warehouses, freight and passenger eleva
tors, grain elevators, boats, ships, tugs, ferries, or dredges; navigation, steve
doring, teaming, horseshoeing, scavenging, street cleaning, painting, decorating,
renovating, dyeing, and cleaning, and such other industries and occupations as
the board may determine; and in and about any occupation incidental to or
immediately 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 and not exposed to the hazards
incident to the nature of the work carried on in the industry;
(?>) Persons whose employment is of a casual nature, and who are em
ployed otherwise than for the purposes of the employer’s trade or business;
(e) Outworkers: or
(d) Members of the family of the employer.
5. Admission of industries.— (1) On the application of the workmen in the
case of any industry not within the scope of this part, or on the application of
the 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 workman, as the
case may be, as being within the scope of this part, and upon such admission
the industry or workman shall be deemed to be within the scope of this part.
610
WOBKMEN's COMPENSATION LAWS— CANADA
(2) Any employer in an industry within the scope of this part may be
admitted by the board as being entitled for himself and his dependent 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.
6. Public employees.—This part shall apply to any employment by or under
the Crown in right of the Province to which this part would apply if the em
ployer were a private person.
7. Compensation.— (1) Where, in any industry within the scope of this part,
personal injury by accident arising out of and in the <*ourse of the 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 period of
three days, exclusive of any holiday upon which the workman 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: Provided, That where the disability is of more than 14 days1 duration,
condensation shall be payable from the date of disability.
(3) Where the injury is attributable solely to the serious and willful mis
conduct 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 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.
8. Industrial diseases.— (1) Where—
(a) A workman suffers from an industrial disease and is thereby disabled
from earning full wages at the work at which he was employed; or
(b) The death of a workman is caused by an industrial disease, and the
disease is due to the nature of any employment in which the workman was em
ployed at any time within the 12 months previous to the date of the disablement,
whether under 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 accident; and
(d) If the workman has at the time of entering the employment willfully
and falsely represented himself iu 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 disablement
was employed in any process mentioned in the second column 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 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 compen
sation 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.
9. Accidents happening out of Province.— (1) Where an accident happens
while the workman is employed elsewhere than in the Province, which would
entitle him or his dependents to compensation under this part if it had hap
pened . 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 employment of the work
man are in the Province, and his employment out of the Province has im
mediately followed his employment by the same employer within the Province
and has lasted less than six months; or
TEXT OF LAWS— BRITISH COLUMBIA
611
(&)
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 employ
ment 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 accident
happening elsewhere than in the Province, if the employer has not fully con
tributed 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 payment of such amount may be enforced in the same
manner as the payment 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).
10. Choice of remedies.— [If the accident occurred in a country or place in
which compensation is given by law, the injured workman or his dependents
must choose between such law and this statute. If no election is made, it will
be presumed that compensation is not claimed under this act. Such notice
must be given within three months unless further time is allowed by the board.]
11. Liability of third party.— [If action lies against a third party for the
injury, either remedy may be pursued. If action is brought and less than the
compensation allowance recovered, the party is entitled to the difference. If
compensation is claimed, the board is subrogated to the right of action against
such third party. In no case may an action be brought against an employer
within the scope of this part of the act; but if it appears that the injury is due
to the negligence of an employer or his workman in another class under the
act, the compensation awarded must be charged against such class.]
12. Remedy exclusive.— [The provisions of this part are in lieu of all rights
of action against an employer. Minors engaged at permitted employments are
deemed sui juris for the purposes of this part of the act; and where any action
on account of injury is brought, the board may determine whether the case is
one governed by this part of the act, which determination shall be final and
conclusive, and the action shall be forever stayed if the case is held to come
under this part.]
13-15. Waivers; assignments, etc.— [Agreements attempting to waive the
benefits of the act are void, and, except for the provision as to medical aid,
no deduction may be made from the wages of workmen as a contribution
toward indemnifying the employer against his liability under this part of the
act. Benefits shall not be assigned or attached nor pass by operation of law
except to a personal representative.]
16. Death benefits.— (1) Where death results from the injury the necessary
expenses of tlie burial of the workman, not exceeding the sum of $100, shall be
paid in addition to all other compensation payable under this section.
(2)
Whore death results from the injury compensation shall be paid to the
dependents of the deceased workman as follows:
(a) Where the dependent is a widow or an invalid widower without any
dependent children a monthly payment of $35 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^$35, with an additional monthly payment
of $7.50 for each child under the age of 16 years and for each invalid child over
that age, not exceeding in the whole $65.
(c) Where the dependents are children without any widow or invalid
widower a monthly payment of $15 to each child under the age of 16 years and
to each invalid child over that age, not exceeding in the whole $60; and
(d) Where there is no widow, invalid widower, child under the age of 16
years, or invalid child over that age as a dependent, but tlie 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 $30 per month to a parent or parents, and not exceeding in
the whole $45 per month.
(c)
In any case within the provisions of clause (a) or (c), if the workman
leaves a parent or parents who are dependents, the board may in its discretion
612
w o r k m e n ' s COMPENSATION LAWS— CANADA
award to tlie parent or parents a sum to be determined by the board, but not
exceeding $30 per month, and not exceeding with the compensation otherwise
payable uuder this subsection $65 per month.
if) Where the dependents are aliens residing outside of Canada and entitled
to compensation under clauses (</), (b), (c). id), or (e) of this subsection, the
board may, in lieu of awarding such dependents compensation on the scale
provided by clauses (</,) [b). (c), (d), or (c), award such lesser sum by way
of compensation as, according to the conditions and cost of living in the place
of residence of such dependents, will in the opinion of the board maintain them
in a like degree of comfort as dependents of the same class residing in Canada
awl receiving the full compensation authorized by this act would enjoy.
(ff) [If the care of a household devolves on an approved person acting as
foster mother, such person may be awarded the same monthly payments for
herself and the children as if she were the widow of the deceased worktnan.l
(3) Where there are both total and partial dependents the condensation may
be allotted partly to the total and partly to the partial dependents.
(4) The payments provided under clause (d) of subjection (2) shall con
tinue 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.
(5) Payments in. respect of a child under the age of 16 years shall cease
when the child attains the age of 16 years or dies, provided that in case the
child at the time of attaining the age of 16 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 16 years shali cease when the child ceases to
be an invalid or dies.
(6) Where a payment to any one of a number of dependents ceases the board
may in its discretion readjust the payments to the remaining dependents so
that the remaining dependents shall thereafter be entitled to receive the same
compensation as though they had been the ouly dependents at the time of the
death of the workman.
17. Reserves for benefits to alien dependents.— [Where smaller amounts are
paid to nonresident aliens under clause (f), subsection (2) above, the same
reserve shall be made as in the case of other classes of beneficiaries. Excess
accumulations are to be applied semiannually to make up payments to chil
dren residing within the Dominion who have not received tlie full award
on account of the maximum monthly limit fixed by the law. any remainder
to go to widows and other dependents in order, undistributed balances to be
carried over. If the payments under the above provision do not bring up
the amount of compensation to the full amount due but for the maximum
limitation, such additional amounts as may be necessary are to l>e paid from
the accident fund.]
18. Remarriage.— (1) If a dependent widow marries, the monthly payments
to her shall cease, but she shall be entitled in lieu of them to a sum equal
to the monthly payments for two years; but not to exceed in any case the
sum of $480.
(2) Subsection (1) shall not apply to payments to a widow in resoect of
a child.
19. Permanent total disability.— (1) Where permanent total disability results
from the injury, the compensation shall be a periodical payment to the
injured workman equal in amount to 62V& per cent 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 $5 per week, unless the workman’s average earnings
are less than $5 per week, in which case he shall receive compensation in
an amount equal to his average earnings.
20. Permanent partial disability.— (1) Where permanent partial disability
results from the injury, the compensation shall be a periodical payment to the
injured workman equal in amount to 62% per cent 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 employment
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 circum
stances the amount which the workman was able to earn before the accident
has not been substantially diminished, the board may, in case the workman
TEXT OF LAWS— BBITISH COLUMBIA
613
is seriously aud permanently disfigured about the face or head, or otherwise
permanently injured, recognize an impairment of earning capacity, and may
allow a lump sum in compensation.
21. Temporary total disability.— (1) Where temporary total disability re
sults from the injury, the compensation shall be the same as that prescribed
by section 19, 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 equal to $5 per week, unless the workman's average earnings are
less than $5 per week, in which case he shall receive compensation in an amount
equal to his average earnings.
22. Temporary partial disability.—Where temporary partial disability results
from the injury, the compensation shall be the same as that prescribed by sub
section (1) of section 20, but shall be payable only so long as the disability
lasts.
23. Medical aid.— [Medical, surgical, and hospital treatment, transportation
and apparatus, including artificial members must be supplied as the board 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. In emergency
cases, a physician may be called in other than the one provided by the board,
and, if found justifiable, reasonable charges will be paid by the board. Em
ployers may be authorized to furnish medical aid at the expense of the board
on terms fixed by it. Approved plans for Medical aid may be maintained, sub
ject to such conditions as the board may require. Reductions may be made
from the wages of the employees in accordance with the terms settled by the
plan or determined by the board. Such activities are under the supervision
and control of the board at all times. Fees and charges for medical aid under
the act may not be more than would properly and reasonably be charged the
workman if he himself were paying.
The foregoing provisions do not apply in the case of maritime workers cov
ered by the provisions of the sick mariners' fund of the Canada shipping act.
The act authorizes selection by the employee or his employer of competent
physicians without distinction, but without limiting the power of the board
to supervise and provide for such services when it deems it expedient to
exercise the power in order to procure prompt and efficient medical aid.]
24. First aid.— [The board may direct a supply of such first-aid appliances
and service as it may deem proper in any industry. If the employer fails or
refuses to make such installation, the board may do so and charge the cost to
the employer, with the same power of enforcing payment as in respect of
collecting premiums.]
25. Average earnings.— (1) The average earnings and earning capacity of a
workman 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 remuneration 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 capacity 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 #2.000 per year.
(2) Where the workman was at the date of the accident under 21 years
of age, and it is established to the satisfaction of the board that under normal
conditions his wages would probably increase, the fact shall be considered in
arriving at his average earnings or earning capacity.
20. Deductions in certain cases.—In fixing the amount of a periodical pay
ment of compensation, regard shall be had to any payment, allowance, or bene
fit 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; and any sum deducted under this
section from the compensation otherwise payable may be i>aid to the em
ployer out of the accident fund.
27.
Mode of payment; lump sums.— [Benefits are to be paid periodically as
the board may direct, and to suitable persons, whether the legal guardian
or not, in case of minors and mental incompetents. The whole or any part
of periodical payments may be commuted to one or more lump sums in the
discretion of the board. In case of death or permanent total disability, or
permanent partial disability of more than 10 per cent, no commutation can
614
W ORKM EN’ S COMPENSATION LAWS— CANADA
be made except on application of the beneficiary, except that in the case of
nonresident aliens the board may commute in its discretion.]
28. Accident fund.—For the purpose of assessment in order to create and
maintain 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 29 and 30, be divided into the fol
lowing classes:
('lass 1. Lumbering; logging; sawmills; planing mills; manufacture of pulp
and paper.
Class 3. Coal mining.
Class 4. Mining (other than co a l); reduction of ores and smelting; quarry
ing; manufacture of brick, lime, or cement.
Class 5. Manufacture of iron and steel; manufacture, alteration, and repair
of iron, steel, and metal products.
Class ft. Manufacture of compounds, paints, chemicals, liquors, food prod
ucts, glass, leather, leather goods, rubber, rubber goods, paper products, wood
products, textiles, clothing; Hour milling; handling of grain; operation of
steam-heating plants, cold-storage plants, and elevators.
('lass 7. Construction of buildings, railways, bridges, ships, roads, sewers,
irrigation works, and aeroplanes; subaqueous construction, dredging, well
drilling, pile driving.
Class 8. Construction and operation of electric railways, electric light and
power plants, lines, and appliances, gasworks, telegraph and telephone systems.
Class 9. Navigation, stevedoring.
Class 10. Canadian Pacific Railway Co.; Canadian Pacific Ocean Services
(L td.); Esquimalt & Nanaimo Railway Co.; Kettle Valley Railway Co.; Do
minion Express Co.; Consolidated Mining & Smelting Co. of Canada (L td .);
West Kootenay Power & Light Co. (Ltd.).
• (Mass 11. Grand Trunk Pacific Railway Co.: the Grand Trunk Pacific Coast
Steamship Co. (Ltd.) ; the Grand Trunk Pacific Telegraph Co.; the Grand
Trunk Pacific Development Co. (Ltd.).
(•lass 12. Canadian Northern Pacific Railway Co.; Canadian Northern Steam
ships (Ltd.) : Canadian Government Merchant Marine (L td .); Canadian
Northern Telegraph Co.: Great Northwestern Telegraph Co. of Canada; Ca
nadian National Express Co.
('lass 13. The Crown in right of the Province.
Class 14. Municipalities.
('lass 15. Fishing; whaling; canning or packing of fish; kelp collecting;
oyster cultivation; manufacture of fish oil or fertilizer.
Class 1ft. Manufacture of explosives, fireworks, fuse, or nitrogen products.
Class 17. Teaming; warehousing and storage; auto transportation; opera
tion of coal or wood yards: retail lumber yards; wholesaling.
Class 18. The Great Northern Railway Co.; the American Railway Ex
press Co.
29. Creation and rearranyement of classes.— (1) The board may—
(a) Create new classes in addition to those mentioned in section 28;
(ft) Consolidate or rearrange from time to time any of the existing classes;
and may
(<•) 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 of an
industry from any class the board may make such adjustment and disposition
of the funds, reserve#, and accounts of the classes affected as may be deemed
just and expedient.
30. Industrie* to be assigned.—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 de
partments, assigning each of such departments to its proper class.
31. Pay rolls.— [Employers are required to keep full and accurate par
ticulars of their pay rolls, and furnish estimates for the year next follow
ing. together with such other information as the board may require. At or
after the close of each calendar year and at other times as required verified
copies of actual pay rolls must be furnished, which failing the board may
make its own estimate and base its assessments thereon, which assessment
TEXT OF LAWS— BRITISH COLUMBIA
615
shall be binding. Such pay roll shall include only workmen and employments
within tbe scope of this part of the act. and any wages in excess of $2,000
per year for any workman must be deducted.]
32* Premiums.— [Annual assessments are to be made and collected to provide
for the medical aid fund, the accident fund, reserves, and catastrophes.
Assessments may be made in such manner and form as the board deems
adequate and expedient, collections to be made half yearly, quarterly, or
monthly or otherwise; or if sufficient funds are in hand any installment may
be abated or its collection deferred. If an estimate for any class has proved
insufficient, further assessments may be made or a temporary advance made
out of the resenTe to meet the deficiency. Due notice of any assessment must
be given.]
33. Workmen's contribution.— [Employers required to pay assessments as
above are authorized and required to retain from the wages of each workman
1 cent for each day or part of the day worked as a contribution toward the
cost of medical aid. Additional costs are to be assessed against employers
generally except those continuing an approved scheme under section 23. No
contributions are required from the employees on board a vessel on which
duty has been paid for the benefit of the sick mariners' fund.]
34. Contribution from Province to accident fund.—To assist in defraying the
expenses incurred in the administration of this part, such annual sum as the
lieutenant governor in council may direct, not exceeding $50,000, shall be paid
out of the consolidated revenue fund to the board to form part of the accident
fund.
35. Board to classify rates.—The board shall establish such subclassifications,
differentials, 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 rela
tive 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.
36. Temporary industries.— (1) Where an employer engages in any of the
industries within the scope of this part and has not been assessed in respect
of it, the board, if it is of opinion that the industry is to be carried on only
temporarily, may require the employer to pay or to give security for the pay
ment to the board of a sum sufficient to pay the assessment for which the
employer would be liable if the industry had been in existence when the next
preceding assessment was made.
(2) Every employer who makes default in complying with any requirement
of the board under subsection (1) shall be guilty of an offense against this
part.
37-40. Collections.— [Assessments not duly paid may be collected by action
at law. Where a default is made in any payment or part thereof, the board
may certify the fact, such certification to be filed with a registrar of a court,
whereupon an order shall be entered enforceable as a judgment If such judg
ment is returned unsatisfied and the employer continues in the industry, the
board may apply for an order restraining the conduct of the industry until the
assessments are paid. The same process applies for the collection of funds for
medical aid. Liability for penalties attaches in case of default, but the board
may relieve the employer in whole or in part if satisfied that the default was
excusable.]
41.
Violation of regulations.— [In case of an injury held to be due entirely to
the failure of the employer to comply with the directions and regulations of
the board, a contribution may be levied not exceeding one-half the benefit pay
able nor $300.]
42,43. Accounts; adjustments.— [Separate accounts are to be kept of each
class in such fund, but for the purpose of payments the accident fund is to be
deemed one and indivisible. Adjustments are to be made of assessments annu
ally, and wherever any industry changes ownership deficiencies may be appor
tioned or credits awarded in accordance with the proportions of the pay rolls
for the respective periods.]
44,45.
Contractors.— [Deductions may be made from the payment due any
contractor with any municipal corporation for the assessment in respect of the
work done or service operated by him.
616
W ORKM EN'S COMPENSATION LAWS— CANADA
Both the principal and the contractor are liable for the amount of any assess
ment on account of work done, and collection may be made from either or
partly from one and partly from the other, but unless otherwise provided in
the contrct, the contractor is, as between himself and his principal, primarily
liable. The same rule applies in the case of subcontractors; but if in any
case the contractor or subcontractor is not assessed, his workmen may, in the
discretion of the board, be deemed employees of the principal.]
40. Preferences; assessments.— [Tlie amount due the board by any employer
on any assessment under this act or otherwise ranks above all liens, charges,
and mortgages or any sort of property used in connection with the industry,
except liens for wages.]
47-52. Procedure.— [Claimants must give notice in writing as soon as practi
cable after the happening of an accident: or in the case of an industrial disease,
in the event of death, disablement, or suspension from employment, such notice
must be given to the employer who last employed the workman in the employ
ment to the nature of which the disease was due. Notice may be personal on
any member of the firm or officer of a corporation or an agent in charge, or
by registered mail. Failure to give notice is a bar to claims unless notice
could not have been given for some sufficient reason, or the agent had knowl
edge of the injury, or if the board is of the opinion that the claim is a just
one and ought to be allowed. Employers are required to report accidents
within three days, giving required particulars, including the name and address
of the physician by whom tlie workman was attended. Further reports are
to be made as may be required by the board. Unexcused failures to report con
stitute offenses under the act.
Claims must be filed within one year after the date of the injury, or, in
fatal cases, after the death, which failing, no compensation is payable. Physi
cians are required to furnish such reports as the regulations of the board may
direct, and to give all reasonable and necessary information and assistance
to claimants. Claimants must, if requested by the board, submit to medical
examinations, refusal suspending the right to benefits during the period thereof.
Persistence in insanitary or injurious practices or refusing to submit to ap
proved medical or surgical treatment authorizes reduction or suspension of
compensation. The board may require proof of the existence and condition of
any dependents in receipt of compensation as it may deem necessary.]
53-55. Custody, etc., of fund.— [Subject to provisions conferring certain pow
ers on the auditor general and the board, the minister of finance is custodian
of all moneys and securities belonging to the accident fund, and the Province
is liable for the safe-keeping thereof. Monthly estimates of expenditures
as approved by the auditor general are to be paid to the board. Tlie board
also has charge of the investment of any surplus, interest from investments
to go to the accident fund. Provision is also made for audits and annual
reports.]
50-58. [These sections relate to the power of the board as to accident pre
vention, inspection of premises, power to order the installation of safety
devices, and to close establishments until compliance.]
50.
60. Regulations.— [In addition to other rules and regulations authorized,
the board may make such regulations as deemed requisite for administrative
purposes, the same to be effective 30 days after publication in the Gazette
or such other time as the board may fix.]
61, 62. Penalties.— [Violations are punishable by fine not exceeding $500, to
be paid into the accident fund.]
63-78. Workmen's compensation board.— [A board of three members ap
pointed by the lieutenant governor in council for terms of 10 years each
administers the act. Commissioners are eligible for reappointment. A chair
man is designated by the lieutenant governor with a salary of not less than
$5,000 nor more than $6,500. the other commissioners to receive not less than
$4,000 nor more than $5,000 per annum. They are to give their whole time
to their duties under the act, and may not be interested in any industry to
which this part of the act applies or any device or appliance which may
be required or used for the prevention of accidents. If such ownership is
acquired by will or operation of law. and is not disposed of within three
months, the member shall cease to hold office.
Two members constitute a quorum. The board may appoint a secretary
and a chief medical officer, with such other actuaries, physicians, clerks, etc.,
as may be deemed necessary for carrying out the provisions of this part.
Tlie board has power to summon witnesses and compel the production and
inspection of books, papers, and documents; may take depositions within and
TEXT o r LAWS— MANITOBA
617
without the Province; and may, by any member or officer, examine employers'
books and accounts and take declarations. Obstruction of any examination
or inquiry is an offense. The information obtained is confidential.
The board has exclusive jurisdiction to inquire into and (determine all
questions of fact and law arising under this part, and its decision is final
and conclusive, not open to question or review in any court, nor subject to
restraint by injunction, prohibition, or other process. Specifically and without
limiting its powers, the board has exclusive jurisdiction to decide whether an
injury arose out of and in the course of the employment, the existence and de
gree of disability, its permanence and its effect on earning capacity, the amount
of average earnings, questions of relationship and dependency, and the scope
of the act. The board may reopen, rehear, and redetermine any matter which
has been dealt with by it.
If the board is of the opinion that any person entitled to compensation
is leading an immoral or improper life, it may suspend compensation for such
period as it deems advisable, the benefits so withheld or suspended being
payable to other dependents, if any, or to such of them as the board deems
advisable. If it is of opinion that a workman entitled to compensation is
more likely to use his money in gambling than for the benefit of himself
or dependents, the board may withhold benefits, pay the same in its dis
cretion, or any portion thereof, to such dependents, or to a trustee for their
benefit.
Decisions are to be based on the merits and justice of the case without being
bound by strict legal precedent. Costs in cases of contested claims may be
awarded as the board may deem reasonable. Notices which the board must
send must be in writing and may be served personally or by post, the date of
delivery in the ordinary course of post being deemed the date of service.]
P
art
II.— E
m ployers*
L
ia b il it y
70-82. [These sections comprise a liability statute for such industries as
are not embraced within Part I. The defense of fellow service is abrogated
and contributory negligence is to be taken into account only in considering the
damages to be assessed in any action at law.]
Schedule
Description of disease
Description of process
Anthrax______________________________ Handling of wool, hair, bristles,
hides, and skins.
Lead poisoning or its sequelae__________ Any process involving the use of
lead or its preparations or com
pounds.
Mercury poisoning or its sequel*_______ Any process involving the use of
mercury or its preparations or
compounds.
Phosphorus poisoning or its sequelae____ Any process involving the use of
phosphorus or its preparations or
compounds.
Arsenic poisoning or its sequela?------------ Any process involving the use of
arsenic or its preparations or com
pounds.
Ankylostomiasis-----------------------------------Mining.
Sulphur poisoning____________________ Coal mining.
MANITOBA
ACTS OF 1920
C h apter
159.—Compensation of workmen for injuries1
1. Short title.—This act may be cited as the workmen's compensation act.
2. Definitions.— (1) In this act, unless the context otherwise requires, the
expression—
(<i-) “Accident” means a fortuitous event occasioned by a physical or
natural cause aud includes a willful and intentional act not being the act of the
injured workman.
*As last amended, 1925.
618
w o r k m e n ’s
COMPENSATION LAWS— CANADA
(b) ''Accident fund” means the fund provided for the payment of com
pensation, outlays, and expenses under Part I of this act.
(c) “ Board ” means the workmen’s compensation board as created by this
act.
(r?) “ Construction ” includes reconstruction, repair, alteration, and demo
lition.
(e)
“ Dependents” means such of the members of the family of a work
man as were wholly or partly dei*>ndent upon his earnings at (he time of his
death or who but for the incapacity due to the accident would have been
so dependent.
{f) “ Employer” includes every person having in his service under a con
tract for hiring or apprenticeship, written or oral, expressed or implied, any
person engaged iu any work in or about an industry, including the Crown in
the right of the Province, as well as municipal corporations, boards, and
commissions, having the management and conduct of any work or service
owned by or operated for a municipal corporation or by or for the Province
of Manitoba 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 contract, the latter shall be deemed to continue to be the employer
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” means any of the diseases mentioned in the
schedule 2 of this act and any other disease which by regulations is declared
to be an industrial disease.
(/) "Industry” includes establishment, undertaking, trade, and business.
(/) ‘•Invalid" means physically or mentally incapable of earning.
(fr) “ Manufacturing” includes altering, repairing, making, preparing, orna
menting, printing, finishing, packing. assembling the parts of and adapting
for use or sale any article or commodity.
(1) “ Medical referee” means a medical referee appointed by the board.
( m) ••Member of the family” means and includes wife, husband, parent,
grandparent, step-parent, child, grandchild, stepchild, 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 con
sanguinity or not so related, and. where the workman is the parent or grand
parent of an illegitimate child, includes such child, and. where the workman
is an illegitimate child, includes his parents and grandparents.
(n) “ Outworker” means 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)
“ Person” includes females as well as males and any body corporate or
politic.
(/;) “ Physician “ means and includes any person registered under the medi
cal act and lawfully and regularly engaged iu the practice of his profession
in Manitoba.
(</) “ Regulation” means rules and regulations made by the board under the
authority of this act.
(r) “ Workman” includes a person, whether under the age of 21 years or
not, who has entered iuto or works under a contract of service or apprentice
ship, written or oral, expressed 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 purely 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 and duties of—
(*/) A municipal corporation;
( b) The Greater Winnipeg water district;
(c) Any commission or board having the management and conduct of any
work or service owned or oi)erated by a municipal corporation or by or for the
Province of Manitoba;
(<i) A school board;
shall for the purposes of this act be deemed the trade or business of the
corporation, commission, hoard, or school board, but the obligation to pay
compensation under this act shall apply only to such part of the trade or
TEXT OP LAWS— MANITOBA
619
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 art I
3. Compensation.— (1) Where in any industry within the scope of this part
personal injury by accident arising out of and in the course of the employ
ment is caused to a workman, compensation as provided by this part shall be
paid by the board out of the accident fund, subject to the following sub
sections.
(2) If the injury does not disable the workman longer than three days 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 three days, no compensation other than medical aid
shall be payable for the first three days of disability.
(3) Where the injury is attributable solely to the serious and willful mis
conduct of the workman, no compensation shall be payable unless the injury
results in death or serious and permanent disability.
(4) Where the accident arose out of the employment, unless the 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.
(5) This section shall not apply to a person whose employment is of a casual
nature and who is employed otherwise than for the purposes of the employer’s
trade or business.
(0)
No compensation shall be payable under this part where the accident to
the workman happened elsewhere than in Manitoba, except in a case where the
accident happens to an employee engaged in connection with the operation of a
steamboat, ship, or vessel, or a railway and the workman is a resident 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 and the workman elects to claim compensa
tion hereunder.
(7)
The board may award compensation under this part in respect of the
permanent disability suffered by a workman, but without temporary total
disability.
4. Nonresidents.— (1) Where a dependent is not a resident of Manitoba
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 Manitoba would be entitled
to compensation; and where such dependents would be entitled to compensation
under such law, the compensation to which the nonresident dependent shall be
entitled under this part shall not be greater than the compensation payable in
the like case under that law.
(2)
Notwithstanding the provisions 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.
5. Injuries by third parties.— [Where a third party is liable for damages on
account of an injury to a workman, compensation may be claimed or action
brought against such third party. In case of action, compensation is to be
paid only to the extent of any difference between the recovery and the statu
tory benefit. The board may also require any money recovered, if less than the
compensation benefit, to be deposited with the board, to be kept by it and applied
to the periodical payments provided for by this part of the act. Compromise
settlements in an amount less than a compensation award are valid only with
the written approval of the board. The bringing of a suit is to be deemed as
the filing of a claim for compensation in the event of the failure of the plain
tiff to recover a judgment equal to the compensation provided by the act. If
claim for compensation is made, the board is subrogated to the rights of the
claimant against the third party.
No right of action lies against the employer in any industry within the
scope of this part of the act, unless the accident occurred otherwise than in the
conduct of the usual or incidental operations of such employer’s industry; but
if the injury was due to the neglect of such employer or his workman in
1965°—26------ 40
620
W ORKM EN’ S COMPENSATION LAWS— CANADA
another class from that of the injured employee, the compensation awarded is
to be charged to the class to which the third party employer belongs. If the
option provided for under this act is to be exercised by a minor, his official
guardian may act without applying to any court or judge for directions in
respect thereto. If an injured workman with a right of action is deemed to be
in immediate need of special care or operation, the board may act in his stead,
costs of the claim or suit becoming a first charge against any recovery.]
6. Contractor*.— [When work under this act is performed by a contractor,
it is the duty of the principal to see that all statements and declarations re
quired are filed.]
7. Members of families.—fA member of the family of an employer is not
entitled to compensation unless satisfactorily shown to be a bona tide employee,
nor may his wages be considered in excess of any amount shown on the pay
roll.]
8-10. Remedy exclusive.— [The rights to compensation provided by this part
are in lieu of all other rights of recovery for injuries within the scope of the
act. No suit may be brought for damages, nor does any action lie for com
pensation, all claims to be heard and deter mined by the board without the
intervention of attorneys, counsel, or solicitors without the express permission
of the board. Minors are sui juris for the purposes of this article. No waiver
of benefits is valid.]
11, 12. Deduction* from wages.— [No deduction may be made from the wages
of an employee of any part of any sum to which the employer may become
liable as a contribution to the accident fund or otherwise, under penalty. 1
1P>. Notice.— [Notice of injury or death must be given as soon as practicable,
not later than 30 days after the happening of the same, and in case of indus
trial disease the employer to be notified is the one who last employed the work
man in the employment to the nature of which the disease was due. Notice
is to be in writing, stating the facts and signed by a claimant or some one in
his behalf. Service may be personal or by registered mail. Failure to give
notice is a bar unless it appears that it could not have been given for some
sufficient reason, that the employer or his representative had knowledge of the
injury, or the board is of the opinion that the claim is a just one and ought
to be allowed.]
a4-10. Reports; claims.— [Employers are required to report to the board
within three days after the occurrence of any accident, giving prescribed
facts and any other particulars required by the board; further reports shall
also be made as required. Claims, together with physicians’ certificates,
if any, must be filed within one year from the date of the injury or death.
In the absence of wage loss pay for medical aid rendered may be granted
without formal claim. Physicians are required to furnish reports from time
to time in respect of the injuries treated as the board may require, and also
to give all reasonable and necessary information and assistance to claimants
without charge. For the certificates required by the board a fee of $2 is
allowed out of the accident fund.]
17,
18. Medical examinations, etc.— [Claimants of benefits must submit to
medical examinations at places reasonably convenient as the board may re
quire. Failure to submit suspends benefits unless the board otherwise orders:
persistence in insanitary practices tending to imperil or retard recovery
gives ground for reduction of benefits in the discretion of the board.]
10. Exemptions.— [Benefits are exempt from assignment, attachment, and
passing by operation of the law except to a personal representative, nor are
offsets allowed.]
20. Review.— [Periodical payments may be reviewed at any time by the board
and modified according to conditions. If a beneficiary is found to be leading
an immoral or improper life, or is confined to jail or a mental-disease hos
pital. the board may withhold or suspend payment as it deems proper. In
such cases payments may go to dependents or other persons as the board
deems advisable. 1
21. Minors.— [If the injured workman is under 21 the award may be fixed
by the board on its first order or on any subsequent review on the basis of the
earnings of the average workman 21 years of age employed in a similar class
of work, but not below the average earnings at the date of the accident or.
in the case of a subsequent review, the probable average earnings at the
later date.]
22. Payments.— [Payments are to be made periodically in such manner and
form as the board deems advisable. Legal guardians may be the recipient
TEXT 0 7 LAWS— MANITOBA.
621
in case beneficiaries are minors or persons of unsound mind. Commutation
may be made for lump-sum payments with the consent of the workman or
dependents, but not otherwise.]
23. Medical aid.— (1> In addition to the other compensation provided by
this part, the board shall have authority to provide for the injured workman,
such medical, surgical, and hospital treatment, transportation, nursing, medi
cines, crutches, and apparatus, including artificial members, as it may deem
reasonably necessary at the time of the injury, and thereafter during the disa
bility 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 for the payment thereof.
(2) Where in a case of emergency, or for other justifiable cause, a physician
is called in to treat the injured workman, if the board finds there was such
justifiable cause and that the charge for the services of such physician is
reasonable, it shall be paid by the board.
(3) Where in any case, in the opinion of the board, the provision of a
special surgical operation, or other special medical treatment for a workman,
and~fhe furnishing of the same by the board, will be a means of avoiding
heavy payment for a permanent disability, the amount of the cost thereof .shall
be payable as compensation, in addition to the amounts hereinafter mentioned.
(4) I£ an autopsy is deemed by the board necessary to enable it to deter
mine the cause of any death, the board may direct that such autopsy be made
within a time to be fixed by the board, and, if the dependent or dependents
refuse to permit the same, the board may reject any claim for compensation
under this part. The expenses of such autopsy shall be paid out of the acci
dent fund.
(5) 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.
(G) Any plan for providing medical aid in force between an employer 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 his 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.
(7) Medical aid furnished or provided under any of the preceding subsec
tions of this section shall at all times be subject to the supervision 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.
(8) Without in any way limiting the power of the board under this section
to supervise and provide medical aid in every case where the board is of the
opinion that the exercise of such power is expedient, the board may permit
medical aid to be administered, so far as the selection of a physician is con
cerned, by the physician who may be selected or employed by the injured work
man or his employer, to the end that so far as possible any competent physician
may be employed and be available to injured workmen.
(9) Employers in any industries in which it is deemed proper may be re
quired by the board to maintain such first-aid appliances and service as the
board may direct, and the board may make such order respecting the expense
thereof a?; may be deemed just.
(10) No account for medical services shall be recognized by the board unless
same is tiled with the board within six months from the discharge of tlie
workman by the physician who gave the medical care in the case, or within
six months of the date upon which the workman returned to work following
the accident, whichever period is the shorter.
(11) The board shall further have authority, out of the reserve set aside in
any individual case to meet compensation provided by this part, to provide
for any injured workman, whose earning capacity in his previous occupation
has been permanently impaired by the injury, such vocational training as may
be deemed advisable for the purpose of preparing such injured workman for
another occupation to which he may seem adapted and which is likely to
increase hit* future earning capacity, and to this end the beard may contract
with any institution or institutions furnishing such vocational training and
may adopt rules and regulations for this purpose and for the payment of such
622
w o r k m e n ’s c o m p e n s a t i o n l a w s — C a n a d a
training, and from time to time the board may review the compensation pre
viously provided, in view of his earning capacity in his new occupation, taking
into consideration all conditions and circumstances at the time of the review.
24. Death benefits.—Where death results from any injury the amount of com
pensation shall be—
( a) The necessary expenses of the burial of the workman not exceeding $150.
(b) Where the widow or an invalid widower is the sole dependent, a
monthly payment of $30 for life.
(f)
Where the dependents are a widow or an invalid widower and a child
or children under the age of 16 years, a monthly payment to the widow or
invalid widower of $30, with an additional $12 per month in respect of such
child or the eldest of such children, $10 per month in respect of the second
eldest of such children, $9 per month in respect of the third eldest of such
children, and $S per month in respect of each of all the other children.
( d) Where the dependents are orphan children, a monthly payment of $15
for each child under the age of 16 years. Payments in respect of a child shall
cease when the child attains the age of 36 years or dies: Provided, That, in case
the child at the time of attaining the age of 16 years is an invalid, the pay
ments shall continue until the child ccasos to be an invalid. Payments in
respect of an invalid child over the age of 16 years shall cease when the child
ceases to be an invalid or dies.
(e) Where in the opinion of the board the furnishing of further or better
education to a child approaching the age of 16 years appears advisable the
board in its discretion may extend the period to which compensation shall be
paid in respect to such child for such additional period as is spent by such
child in the furthering or bettering of his education, but in no case beyond
the age of 18 years. The board, however, shall not make any levy or assess
ment or order any deposit to be made in any such case, until such child is
approaching the age of 16 years, and the boa id has decided that further and
better education should be furnished such child.
(f) Where there are dependents other than those mentioned in the pre
ceding paragraphs, a sum reasonable and proportionate to the pecuniary loss
to such dependents occasioned by the death to be determined by the board
and not exceeding to any one such dependent $20 per month, and not exceed
ing in the whole $40 a month.
(2) In the case provided for by paragraph (f) of subsection (1), the pay
ments shall continue only so long as in the opinion of the board it might reason
ably have been expected, had the workman lived, that he would have continued
to contribute to the support of such dependents.
(3) Where the board is of the 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 his parent, the board #may direct that the payment may be made
to such person or be applied in such manner as the board may direct for the
advantage of the child.
(4) Where a workman leaves no dependents such sum, within the limita
tions of this act, 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 in the opinion of the board such expenses are due.
(5) Where the workman leaves no widow or the widow subsequently dies,
and it seems desirable to continue the existing household, and an aunt, sister,
or other suitable person acts as l’oster mother in keeping up such household
and maintaining and taking care of the children entitled to compensation in
a manner which the board deems satisfactory, such foster mother while so
doing shall be entitled to receive the same monthly payments of compensation
for herself and the children as if she were the widow of the deceased, and in
such case the children’s part of such payments shall be in lieu of the monthly
payments which they would otherwise have been entitled to receive.
25. [Relates to alien enemies during the Great War.]
26. Cessation of payments.—Where a payment to any one of a number of
dependents ceases, the board may in its discretion readjust the payments to
the remaining dependents so that the remaining dependents shall thereafter be
entitled to receive the same compensation as though they had l>een the only
dependents at the time of the death of the workman.
27. RemarrUnje of widow.— (1) If a dependent widow marries, the monthly
payment to her shall cease, but she shall be entitled in lieu of that to a lump
sum equal to the monthly payments for two years.
TEXT OF LAWS— MANITOBA
623
(2) Subsection 1 shall not apply to payments to a widow in respect to her
dependent child or children.
28. Proof of condition of dependents.—The board may from time to time
require such proof of the necessities, condition, and existence of any dependents
in receipt of compensation payments as may be deemed neccssary by the board
and pending the receipt of such proof may withhold further payments.
29. Permanent total disability.—Where permanent total disability results
from the injury the amount of the compensation shall be a periodical payment
during the life of the workman, equal to 66% per cent of his average earnings:
Provided, That such compensation shall not be less than $15 per week, except in
cases where the average earnings of the workman are less than $15 per week,
when he shall receive as weekly compensation the total amount of such average
weekly earnings.
30. Permanent partial disability.— (1) Where permanent partial disability
results from the injury, the compensation shall be a periodical payment of
66% per cent of the difference between tl*e average 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 com
pensation shall be payable during the lifetime of the workman.
(2) Notwithstanding the provisions of subsection (1), where, in the cir
cumstances, the amount which the workman was able to earn before 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 per
manently injured, recognize such injury as an impairment of earning capacity
and fix an amount to be paid to such workman as full compensation therefor
and pay him such amount either in one sum or in periodical installments as
directed by the board, or after estimate as to the probable cost to the accident
fund for such disability, fix a monthly sum to be paid to the workman during
the continuance of his disability, in full payment and discharge of all claim
in respect of such disability.
(3) Where the impairment of the earning capacity of the workman does
not exceed 10 per cent of his earning capacity, instead of such weekly pay
ment, 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 equivalent of it shall be paid to the workman in installments or
in one payment.
(4) Where deemed just, the impairment of earning capacity may be esti
mated from the nature of the injury, having always in view the workman's
fitness to continue the employment in which he was injured or to adapt him
self to some other suitable occupation.
31. Temporary total disability.— (1) Where temporary total disability results
from the injury, the compensation shall be a periodical payment during the
continuance of the temporary total disability equal to 66% per cent of the
workman’s average earnings; provided that such compensation shall not be
less than $12.50 per week, except in cases where the average earnings of the
workman are less than $12.50 per week, when he shall receive as weekly com
pensation the total amount of such average weekly earnings.
(2)
In any case where in the opinion of the board the period of disability
appears to be unnecessarily prolonged, it may reduce temporarily or perma
nently the percentage of wages allowed as compensation by this section with
power to restore the full percentage at any time.
32. Temporary partial disability.—Where temporary partial disability results
from the injury, the compensation shall be the same as that prescribed by
section 30, but shall be payable only so long as the disability lasts.
33. Calculation of average earnings.—The average earnings and earning
capacity of a workman shall be determined with reference to his average
earnings and earning capacity at the time of the accident, and may be calcu
lated upon the daily, weekly, or monthly wages and 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 capacity 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 that his average earnings shall be deemed in any case to exceed the
rate of two thousand dollars per year.
34. Deductions.—In fixing the amount of a periodical payment of compensa, tion regard shall be had to any payment, allowance, or benefit which the work
624
w o r k m e n ’ s c o m p e n s a t io n
law s—
Ca n a d a
man may receive from his employer during the period of his disability, includ
ing 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 and deducted from the compensation.
35-53. Workmen's compensation board.— [An administrative board of three
member* is appointed by the lieutenant governor in council and is a body
corporate and politic. The commissioner and two directors constitute the
board, the commissioner to hold office during good behavior, subject to retire
ment at the age of 75 years: he may be removed at any time for cause. His
salary is $6,000 per annum; directors receive $1,000 each, an additional $15
for each meeting of the board attended in excess of 50 per year being author
ized. The board must sit at least once a week, its principal office being in
the city of Winnipeg, but with power to hold meetings in any part of the
Province. Two members constitute a quorum, a director being authorized to
act as commissioner in case the commissioner is temporarily absent. Such
officers and employees as the board may deem necessary are to be appointed
subject to the approval of the lieutenant governor in council, salaries to be
fixed by the board. Terms of office are at its pleasure.
The board has exclusive jurisdiction as to all questions arising under this
part of the act, its decisions being final and conclusive, not open to review or
subject to restraint by proceedings in any court. Its authority extends to all
questions of coverage, disability, earnings, dependency, etc. The board may at
any time reconsider and modify its decisions or orders. Findings are to be
based on the merits and justice of the case. without the necessity of following
strict legal precedent. Neither the board nor any of its members is subject to
an action for damages by reason of anything done by it or them as beyond
their jurisdiction if the act was done in the bona fide belief that it was within
their powers under the law. Costs may be allowed the successful party to a
contested claim or other contested matters, enforceable in the same manner as
the collection of assessments.
The board may act on reports of its officers or members or medical referees
or other person appointed to make the inquiry or examination. It is authorized
to make necessary regulations, subject to approval by the lieutenant governor in
council. If an employee or dependent brings action in respect of any injury the
board may, on the application of any party to the action, determine whether it
is one abrogated by the act, and if so found the action shall be forever stayed.
The comptroller general or an auditor appointed for the purpose shall audit the
accounts of the board, and annual reports of its proceedings are required.]
54. Administration fund.— [The Province is to contribute toward the expenses
of administration as the lieutenant governor in council may direct.]
55-67. Accident fund.— [The accident fund for the payment of compensation
is to Ik; maintained by assessments on designated classes of industries. Three
railway companies make up the first three classes, the Province the fourth, the
city of Winnipeg the fifth, all other municipalities of the Province the sixth,
and industries set forth in Schedule 1 not otherwise included comprise the
seventh class. Other industries or workmen may be admitted by the board on
such terms and conditions as the board deems proper. This part applies to any
public employment to which it would apply if the employer were a private per
son.
The board may create or rearrange classes, assign industries to the proper
classes, levy and collect assessments from employers in each class, and main
tain and establish funds and reserves for the payment of the benefits provided
by the act. Employers must annually, and at such other times as the boanl may
requires submit an estimate of the probable pay roll for the ensuing period as a
basis of assessments. In computing the amount of such pay roll account is to
be taken only of workmen and employments within the scope of this part of the
act, and no individual wage in excess of $2,000 shall be considered. If the em
ployer fails to submit the estimate, the board may estimate and assess, subject
to subsequent revision on a disclosure of facts. Municipal assessors except in
cities are to make return to the board on forms provided by it showing statistics
of employment for all employers of labor in the municipality in any industry
or business other than farming or mercantile business; for this service the
board may make remuneration out of the accident fund. Written notice of any
building permit granted by any municipality, city, or town must be reported to
the board within three days.
Assessments may be made in such manner and form as the board deems
advisable, but notice must be given to each employer; collections may be in
TEXT OF LAWS— MANITOBA
625
half-yearly, quarterly, or monthly installments, or otherwise, or an install
ment may be omitted or its collection deferred if sufficient funds are in hand.
If insufficient assessments have been made, additional levies may be ordered
or temporary advances made from other funds. Classifications are to be on
the basis of hazard, and special rates, differentials, or assessments may be made.
Where an employer engages in an industry for which he has not been assessed,
or only for a temporary period, security for the payment of the proper assess
ment may 1*‘ required. Assessments may be collected by the board in an
action for the amount due, with penalties and costs. Penalties are also pro
vided for failure to make returns. Orders of the board for the payment of
compensation or other money under the authority of this part of the act may
l>e filed iu ihc court of King's bench for Manitoba and when filed are
enforceable as a judgment of the court Separate accounts are required for
each class and fund, but for the payment of compensation the accident fund
is to Ik? deemed one and indivisible. Annual adjustments are to be made of
assessments, debits and credits being allowed as the case may require; adjust
ment shall also be made in cases of change of ownership or employers in any
industry. J
08.00. ('ontractors.— Lin case of contract with a municipal corporation, the
amount of the assessments may be taken from money due the contractor in
respect of the work done. If any party becomes liable for an assessment on
account of the work of a contractor, he may offset the amount against any
payment due such contractor. As between contractor and subcontractor, the
contractor shall l>e deemed the principal. Both principal and contractor are
liable for any assessment made under the act, the contractor being primarily
liable; the same rule applies as between contractors and subcontractors.]
70. JJ.cchisums and inclusion*.— (The board may exclude or include any
industry as regards application of this part of the act.J
71. Custody of funds.— |The provincial treasurer is custodian of all moneys
and securities belonging to the accident fund, and the Province is liable for
the safe-keeping of the same. Monthly estimates, approved by the comp
troller general, are to be paid by the treasurer on the order of the board,
for wli'ch monthly accounting must be rendered. Provision is also made for
the investment of surplus moneys, the interest to go to the accident fund. I
72. Advancements.— I.If at any time there is not sufficient money in hand
for the payment of compensation if due, advancement may be made out of
the consolidated revenue fund, subject to repayment when funds are available.]
73. Note industries.— [Returns must be made on the basis of an estimate
of the pay roll for the remainder of the year where industries are established
subsequent to the annual assessment date..I
74-70. Inspections.— IThe board or any person authorized by it may examine
the books and accounts of employers and may require the production of
employers’ records at a designated time and place for the purpose of ascer
taining the correctness of statements made with reference to the same. Right
of entry to the employers’ establishments is also provided for. The informa
tion obtained is confidential.]
77. Penalties.— [Penalties under this part are recoverable under the Mani
toba summary convictions act and are payable into the consolidated revenue
fund.]
78. Mechanics9 liens.— [Where a statutory lien may arise the owner must
use diligence to see that statements are filed by the employers as required
under this part of the act.]
79. Preference.— [Assessments under this part are entitled to priority to
all other debts in case of assignments, bankruptcy, etc.]
80. Industrial diseases.— (1) Where a workman suffers from an industrial
disease 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 12 months previous to the date of his disability, whether
under one or more employments, the workman or his dependents shall be
entitled to com]sensation as if the disease were a personal injury by accident
and the disability were the happening of the accident, subject to the modi
fications herein mentioned, unless at the time of entry into the employment
he had willfully and falsely represented himself in writing as not having
previously suffered from the disease.
626
WOBKMEN’S COMPENSATION LAWS— CANADA
(2) The board may by regulation require every physician treating a patient
who is suffering from any industrial disease to report to the board such
information relating thereto as it may require.
(3) If the workman, at or immediately before the date of the disability,
was employed in any process mentioned in the second column of schedule
2 hereto, 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 that employment unless the contrary is proved.
(4) Nothing in this section shall affect the right of the workman to com
pensation in respect of any 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.
(5) Except where the board is satisfied that the disease is 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 resident of Manitoba
for the three years next preceding his first disability.
P art
II
81-84. Employers' liability.— [These sections embody a liability statute for
industries to which Part I does not apply, including outworkers, and other
employees in industries under the operation of Part I who are excluded from
its benefits.]
85. Exclusions.— [This act shall not apply to farm laborers or domestic or
menial servants, except that any such employees may on application of their
employer and approval by the board be brought under Part 1 of this a ct]
S chedule
1— ( S ection 55)
1. Lumbering; logging, river driving, rafting, booming, sawmills, shingle mills,
lath mills; manufacture 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.
2. Pulp and paper mills.
3. Manufacture of furniture, interior woodwork, organs, piano actions, pianos,
canoes, small boats, cofiins, wicker and rattan ware, mattresses, bed springs,
artificial limbs, cork articles, cork carpets or linoleum, upholstering, picture
framing, and cabinet work.
4. Planing mills, sash and door factories, manufacture of wooden and corru
gated paper boxes, cheese boxes, mouldings, window and door screens, window
shades, carpet sweepers, wooden toys, articles and wares or baskets, matches
or shade rollers; lumber yards (including the delivery of lumber) carried on
in connection with planing mills or sash and door factories; cooperage, not
including the making of staves or headings. Retail lumber yards (no mill or
factory in connection).
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 paragraph 13); manufacture of calcium
carbide, carborundum, or alundum.
6. Sand, shale, clay, or gravel pits; marble works, stone cutting, or dressing;
manufacture of brick, tile, terra cotta, lireproofing, paving blocks, sewer pipe,
roof tile, plaster blocks, plaster boards, slate or artificial stone.
7. Quarries, stone crushing, limekilns; manufacture of cement.
8. Manufacture of glass, glass products, glassware, porcelain, or pottery.
0.
Iron, steel, or metal foundries; rolling mills; manufacture of castings,
forgings, heavy engines, locomotives, machinery, safes, anchors, cables, rails,
shafting, wires, tubing, pipes, shot, sheet metal, boilers, furnaces, stoves, struc
tural steel, iron, or metal.
10.
Manufacture of small castings or forgings, metal wares, utensils, and
articles, hardware, nails, wire goods, screens, bolts, metal beds, sanitary water,
gas, or electric fixtures, light machines, typewriters, cash registers, adding ma
chines, carriage mountings, bicycles, metal toys, tools, cutlery, instruments,
sheet-metal products, buttons of metal, ivory, pearl, or horn, dry batteries,
storage batteries for autos, and lighting plants, cameras, sporting goods, fire
arms, windmills, ivory articles, rubber stamps, pads or stencils, machine shops,
not elsewhere included in Schedule 1, the industry of carrying on a blacksmith
shop.
TEXT OF LAWS— MANITOBA.
627
11. Manufacture of agricultural implements, threshing machines, traction
engines, wagons, carriages, sleighs, vehicles, automobiles, motor trucks, toy
wagons, sleighs, or baby carriages; car shops, airplanes and hydroplanes (no
flying).
12. Manufacture of gold and silverware, plate ware, watches, watchcases,
clocks, jewelry, or musical instruments.
13. Manufacture of chemicals, corrosive acids, or salts, ammonia, gasoline,
petroleum, petroleum products, celluloid, gas, charcoal, artificial ice, including
the handling and delivery thereof; wood alcohol; celluloid articles; the manu
facture, transmission, and distribution of natural or artificial gas and opera
tions connected therewith; the cutting, storing, handling, and delivery of
natural ice.
14. The manufacture of fireworks, gunpowder, ammunition, nitroglycerine,
dynamite, guncotton, or other high explosives.
15. Manufacture of paint, color, varnish, oil, japans, turpentine, printing ink,
printers’ rollers, tar, tarred, pitched, or asphalted paper.
16. Distilleries, breweries, bottling works; manufacture of spirituous or malt
liquors, malt, alcohol, wine, vinegar, cider, mineral water, soda waters, or
methylated spirits.
17. 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.
18. Milling; manufacture of cereals or cattle foods, warehousing or handling
of grain or operation of grain elevators.
19. Manufacture or preparation and wholesale distribution of meats or meat
products.
20. Packing houses, abattoirs, cold-storage warehouses, manufacture of fer
tilizers, glue, and all work incidental thereto (not incidental to any other in
dustry). The operation of stockyards with railway entry.
21. Tanneries.
22. Manufacture of leather goods and products, belting, whips, saddlery, har
ness, trunks, valises, trusses, imitation leather, boots, shoes, gloves, umbrellas*
rubber goods, rubber shoes, tubing, tires, or hose.
23. Sugar refineries; manufacture of dairy products, butter, cheese, condensed
milk or cream, biscuits, confectionery, spices, condiments, salt, or any kind of
starch; bakeries.
24. Canning or preparation of fruit, vegetables, fish, or foodstuffs; pickle
factories.
25. Manufacture of tobacco, cigars, cigarettes or tobacco products.
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, cordage, ropes, fiber, brooms, or brushes;
asbestos goods, hair cloth, and other hair goods; work in manila or hemp;
tents, awnings, and articles not otherwise specified made from fabrics or cord
age; the erection of awnings by the manufacturer.
27. Manufacture of men's and women’s clothing, white wear, shirts. collara»
corsets, hats, caps, furs, robes, feathers, or artificial flowers.
28. Power laundries, dyeing, cleaning, or bleaching.
29. Printing, photo-engraving, engraving, lithographing, bookbinding, em
bossing, manufacture of stationery, paper, cardboard boxes, bags, wall paper, or
papier-mAch6.
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; deliveries from wholesale establishments; the
shipping, receiving, and packing departments of wholesale establishments;
coal, wood, lumber; and builders’ supply industries.
31. The operation of coaling plants or stations.
32. Steel building and bridge construction; installation of elevators, fire
escapes, boilers, engines, or heavy machinery; bridge building not included
elsewhere in Schedule 1, erection of windmills.
33. Bricklaying, mason work, stone setting, concrete work, plastering, manu
facture of concrete blocks; structural carpentry, lathing, installation of pipe
organs; house wrecking or house moving.
34. Painting, decorating, or renovating; sheet metal work and roofing.
628
WOBKMEN 5S COMPENSATION LAWS— CANADA
35. Plumbing, sanitary or beating engineering, gas and steam fitting: the
work of artisans and mechanics employed for their whole time at their trade
in an industry not classified herein; operation of theater stage or moving:
pictures; operation of passenger or freight elevators which arc not operated
in connection with an industry included in another class, including the opera
tion 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.
30.
Sewer construction, tunnelling, shaft sinking and well digging, the
maintenance and operation of a waterworks system; excavation work for
cellars, foundations, and canals; trenching less than 6 feet deep for gas pipes,
water pipes, or wire conduits: and all excavation work where the depth is
more than 6 feet and the width is less than half the depth.
37. Construction, installation, or operation of electric power lines or appli
ances and power-transmission lines, electric wiring of buildings, and installa
tion of lighting fixtures; construction or operation of an electric light system,
con -.traction or operation of au electric light works not included elsewhere in
Schedule 1, construction or operation of telegraph or telephone lines, con
struction or operation of telephone lines and works for the purpose of the
business of a telephone comjmny or used or to be used in connection with its
business when constructed or operated by the company.
38. Construction or oi>eration of railways, road making, or repair of roads
with machinery; making and repairing of roads of all kinds not included
elsewhere in Schedule 1. manufacture of asphalt material and paving material;
this class shall not include the making or repairing of roads in rural municipal
ities unless the work is done through a contractor.
30.
Shipbuilding, dredging, subaqueous construction or pile driving, fish
ing. stevedoring, operation of and work upon wharves, operation of dry docks
not included elsewhere in Schedule 1.
40. If not included elsewhere in Schedule 1, any trade or business connected
with the industries o f :
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 warehouses, teaming, scavenging, and street
cleaning, painting, decorating, and renovating, dyeing and cleaning, or any
occuiwition incidental thereto or immediately connected therewith.
41. The trade or business, as defined by subsection (2) of section 2. of a
municipal corporation, a public utilities commission, or any other commission
having the management and conduct of any work or service owned by or
operated for a municipal corporation or a board of school trustees, and police
men. firemen, or ferrymen employees of such a corporation.
42. 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.
43. 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 bo used in connection with it when constructed or operated by the com
pany which owns or operates the railway.
44. The construction or operation of steam vessels and works for the pur
pose of the business of a navigation company or used or to be used iu connec
tion with its business when constructed or operated by the company and all
other navigation, towing, operation of vessels, and marine wrecking.
4H. The operation of the business of an express company which operates on
or in conjunction with a railway, or sleeping, parlor, or dining cars, whether
operated by the railway company or by an express, sleeping, parlor, or dining
ear company.
40.
The operation as an industry (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. (This paragraph does not include the operation
of aircraft.)
47. Auto garages, including sale of gasoline, oil, accessories, and storage of
ears (not including manufacture of cars).
TEXT OF LAWS— NEW BRUNSWICK
S chedule :
629
2— ( S ection 80)
Description of disease
Description of process
Anthrax_____________________________ Handling of wool, hair, bristles, hides,
and skins.
Lead poisoning or its sequela?_________ Any process involving the use of lead
or its preparations or compounds.
Mercury poisoning or its sequel*______ Any process involving the use of
mercury or its preparations or com
pounds.
Phosphorus poisoning or its sequel*___ Any process involving the use of phos
phorus or its preparations or com
pounds.
Arsenic poisoning or its sequel*_______ Any process involving the use of
arsenic or its preparations or coixk*
pounds.
Ankylostomiasis--------------------------------- Mining.
N E W BRUNSWICK
ACTS OF 1918
C h a p t e r 3 7 .—
Compensation of workmen for injuries1
1. Title.—This act may be cited as tlie workmen’s compensation act, 1918*
2. Definitions.—In this part, unless inconsistent with the context—
(а) “Accident fund” shall mean the fund provided for the payment of com
pensation 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 associa
tion to represent any of the classes provided for in this act or any subdivision
or group of employers in such class.
(e)
“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 the regular remuneration which the workman was receiving at the
time of the injury or received previously, as may appear to the board beat to
represent the actual loss of earnings suffered by the workman by reason of the
injury; but not in any case to exceed the sum of $1,500 per year.
Where the workman was at the date of the accident under 21 years of age
and it is established to the satisfaction of the board that under normal condi
tions his wages would probably increase, this fact shall be considered in arriv
ing at his average earnings or earning capacity.
(d) “ Board” shall mean workmen's compensation board.
(e) “ Construction” shall include reconstruction, repair, alteration, renovat
ing, painting, and decorating.
(f) “ Dependents” shall mean such of the members of the family of a work
man 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.
(y) “ 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 respeet of any such industry include municipal corporations 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 cai>acity as em
ployers submit to the operation of this act.
(h)
“ Industrial disease” shall mean any disease which by the regulations
is declared to be an industrial disease.
(0 “ Industry” shall mean and refer to the whole or any part of any indus
try, 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 sco)>e of this part, shall mean any department or part of
1 As last amended, 1024; no amendments in 1925.
630
W ORKM EN’ S COMPENSATION LAWS— CANADA
such industry, operation, undertaking, or employment as would, if carried on
by itself, be within the scope of this part
O') “ Invalid ” shall mean physically or mentally incapable of earning.
\lc) “ Manufacturing” shall include making, preparing, altering, repairing,
renovating, dyeing, cleaning, ornamenting, printing, finishing, assembling, pack
ing, and adapting for use or sale any raw material, goods, article, or com
modity.
(7)
“ 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 con
sanguinity or not so related, and where the workman is the parent or grand
parent of an illegitimate child, shall include such child, and where the work
man 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.
(o)
“ Outworker” shall mean a person to whom articles or materials are
given to be made up, cleaned, washed, altered, ornamented, finished, 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.
(/•) “ Regulations” shall mean regulations made by the board under the
authority of this part.
(*) “ Stevedoring” shall mean the loading or unloading of vessels and rail
way cars and the handling of goods, articles, and commodities on or about any
dock, wharf, or quay.
(f)
“ Teaming” shall include all kinds of work done by workmen with
teams, carts (including handcarts), drays, trucks, cabs, carriages, automobiles,
and other vehicles.
(n) “ Workman” shall include a person who has entered into or works
under a contract of service or apprenticeship, written or oral, express or im
plied, and whether by way of manual labor or otherwise, in any industry
within the scope of this part
P art I
3.
Application.—This part shall apply to employers and workmen in or about
the industries of lumbering, mining, quarrying, manufacturing, building, con
struction, engineering; operation of any railway, tramway, telegraph, telephone,
cable, or electric light or power line or system; operation of any waterworks,
gas works 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 luinlmr yard, or fuel yard; stevedoring; or navigation; and any employ
ment incidental thereto or immediately connected therewith: Provided, That,
subject to sections 4 and 5 this part shall not apply to the following:
( 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.
(&)
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
(c) Members of the family of the employer residing with the employer.
( /) Persons employed as farm laborers or domestic or menial servants.
TEXT OF LAWS— NEW BRUNSWICK
631
(g)
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.
IIncluded by order in council.] *
4. Extension of scope.—Where it shall appear to the board that any kind of
industry 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.
5. Employers and workmen may apply.— (1) Any industry or workman not
within the scope of this part 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.
(2) Any employer in any industry within the scope of this part may be ad
mitted, 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 depend
ents, as the case may bo, 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.
6. Exclusion by hoard.—The board may by regulation exclude from the scope
of 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 readmitted by the board as being within
the scope of this part.
7. Compensation payable.—Where i)ersonal injury or death is caused to a
workman by accident arising out of and in the course of his employment in any
industry within the scope of this part, compensation shall be paid to such work
man or his dependents, as the case may be. as hereinafter provided, unless
such injury was, in the opinion of the board, intentionally caused by such workman, or was wholly or principally due to intoxication or serious and willful
misconduct on the part of the workman or to a fortuitous event unconnected
with the industry in which the workman was employed.
(a)
Whenever a workman is engaged in work part of which is to be per
formed in this Province and part in an adjoining Province or country, the
work shall be considered as done and performed in this Province, and the work
man shall be entitled to be paid compensation under this part, provided the
employer includes such workman in his pay roll.
(?>) In any case where the board is of the opinion that a person entitled to
compensation under this part, is leading an immoral or improper life, the board
shall have the power, after due investigation, to withhold or suspend compensa
tion, 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.
(c)
In any case of aggravation of a disease existing prior to such injury,
compensation shall be allowed only for such proportion of the (Usability due
to the aggravation of such prior disease, as may reasonably be attributed to the
injury sustained.
8. Nonresident beneficiaries.— [No benefits are payable to nonresident bene
ficiaries except that by an order in council it may be provided that the board
may pay benefits to residents of any Province, State, or country corresponding
to the amounts allowed in such jurisdiction to dependents resident in New
Brunswick; but if the benefits provided by the law of such jurisdiction are
less than those provided under this part, the board may reduce the amount of
compensation accordingly. Reductions may also be made on the basis of cost
of living, such payment being allowed as would, in the opinion of the board,
2 Another order in council includes teaming, shipbuilding, printing, laundries, whole
sale and retail stores (except as provided in subsection (a) o f section 3 of the act),
fishing, canning, plumbing, and road making, transportation, handling o f biiteg, G o a l and
wood merchants, hospitals, hotels, and window cleaning.
632
w o rk m e n ’s co m p en sa tio n la w s — Canada
maintain dependents in a like degree of comfort as persons in the same class
residing in Canada receiving the full compensation.]
9. Rights under other laws.— [If the injured workman or his dependents are
entitled to recovery under any other law, the amount payable under this act
will be only the excess of compensation benefits over the recovery under such
other act; but if the employer is granted a full and effectual release from any
claim or light under another law. full compensation as herein provided will
be allowed.]
10, 11. Third party liability.— [If the injury is received under circumstances
creating liability in a third party, a choice of remedies is allowed. If action is
brought and less recovered than this part allows, the difference may be recov
ered. If compensation is claimed under the act, the board is subrogated to the
rights against the third party for the whole of any outstanding part of the
claim of the workman or of his dependents. This does not allow proceedings
to be brought against an employer under the act: but if the responsible employer
was in a different class from that in which the injured workman was employed,
the award may be charged against the class of the responsible employer.]
12. Remedy exclusirc.— [Provisions of this part are in lieu of all other
remedies for injuries within its scope.]
13. Waivers.— [All agreements of waiver are absolutely void.]
14. Employees* contributions.— [No deduction may be made from the wages of
a workman, nor may they contribute iu any way toward indemnifying the em
ployer against the liabilities of this part of the act.]
ir>. Assignments, etc.—Unless with (he approval of the board, no sum payable
as compensation or by way of commutation of any periodical payment in re
spect of it shall be capable of being assigned, charged, or attached, nor shall it
pass by operation of law except to a personal representative.
16.
Claim in one year.—No compensation shall be payable under this part in
respect of auy injury unless application for such compensation is made within
one year after the occuiTence of the injury.
17--35. Workmen's compensation board.— [A board of three members ap
pointed by the lieutenant governor in council is to administer the act. The
board is a body corporate, with a seal which shall be judicially noticed. Its
members s e r v e d u r i n g good b e h a v i o r , to retire at the age of 75 years u n l e s s
otherwise directed by the lieutenant governor in council. Pro tempore appoint
ments may be made as occasion arises.
One of the commissioners is to be designated as chairman and another as vice
chairman: two commissioners constitute a quorum. Offices are to be main
tained at the city of St. John or elsewhere as designated, but sittings may be
held in auy part of the Province. Public hearings must be held on application
of any employer, association, workman, or dependent interested in the question
before the board. The board is to appoint, a secretary, a chief medical officer,
and such other assistants as it dorms necessary, the salaries to be paid out of
the revenue of the Province. Provision is made for records, audits of accounts,
and annual reports of the transactions of the board.
The board has jurisdiction to determine all questions of fact and law under
this part of the act, and of the collection and management of the funds therefor.
No decision or ruling is to be binding as a precedent, the intent being that each
case shall l>e decided on its own merits. The board has the same powers as the
supreme court for compelling the attendance of witnesses, procuring evidence,
and the production of books, papers, and documents. It may act on the report
of any of its officers, and its decisions are final and conclusive, except that an
appeal lies to the appeal division of the supreme court on any question as to
jurisdiction or law. but only on permission given by a judge of the supreme
court on a petition presented within 15 days of the rendering of the decision
from which the appeal is sought. Questions of fact from which no appeal may
be taken are as to whether the injury complained of arose out of or in the
course of the employment within the scope of the act. the degree of disability,
its permanence and effect on earning capacity, the amount of average wages,
questions of relationship and dependency, and the character of any industry
as to the class to which it should be assigned for the purposes of this act. The
board may of its own motion state a case in writing for the opinion of the appeal
division of the supreme court on any question of law. Appeals are to be
promptly decided and no costs are to be awarded.]
36.
Compensation benefits.— (1) The compensation payable under this part
to an injured workman or to the dependents of a deceased workman shall be
as follows:
TEXT OF LAWS— NEW BRUNSWICK
633
(а) In case of temporary partial disability continuing for more than seven
days after the accident and diminishing the earning capacity of the workman
by more than 10 per cent, a payment or payments, at a rate equal to 55 i>er
ceut of such diminution of earning capacity calculated on a basis not exceeding
$125 per month.
(&)
In case of total disability continuing for more than seven days after
the accident, of payment or payments equal to 55 per cent of the average
earnings of the workman, but not less than $0 per week or more than 55
per cent of $125 per month, such payments to be continued during the life
of the workman or the duration of such disability.
(c) In case of permanent partial disability, payments on a scale to be
established by the board and proportioned upon the diminution of earning
capacity and the degree of disfigurement, but not exceeding in any case $2,500.
(d) In case of death of the workman as a result of the injury, in addition
to any payments under (a) or (6) :
(1) Necessary and proper expenses of burial, not exceeding $100.
(II) Where the sole dependent is a widow or invalid widower, payments
during the life of such widow or widower at the rate of $30 per mouth.
(III) Where the dependents are a widow or invalid widower and one or
more children, payments at the rate of $30 per month, with an additional
[payment 1 of $7.50 per month for each of such children.
(IV) Where the dependents are persons other than those mentioned in the
foregoing clauses, payments at a rate reasonable and proportionate to rhe
pecuniary loss to such dei>endcnts, on a scale to be determined by the board,
having in view the scale of payments laid down in clauses (II) and (III).
(V) When the dependents are children only, each child shall receive the
sum of $15 per month until, if a boy. he attains the age of 16 years or dies;
or if a girl, she attains the age of 18 years or dies.
(2) In the case provided in item (IV) of clause id) 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 compensation
may be allotted partly to the total and partly to the partial dependents.
(4) Exclusive of the expenses of burial the compensation payable as pro
vided by subsection (1) shall not in any case exceed 55 per cent of the average
earnings of the workmen, and if the compensation payable under that subsec
tion would in any case exceed that percentage it shall be reduced accordingly,
and where several persons are entitled to monthly payments, it shall be
retlnced proportionately.
(5) If a dependent widow marries, the monthly payments ty her shall cease;
but she shall be entitled in lieu of them to a sum equal to the payments for
two years: Provided, This subsection shall not apply to payments to a widow
in respect of a child.
(б) Payments in respect of female children shall cease when the child at
tains the age of 18 years or dies; in case of male children when the child attains
the age of 16 years or dies.
37. Other benefits.— (1) In fixing the amount of any 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 at the expense of the employer.
(2) Where the compensation is payable, any sum deducted from the com
pensation under subsection (1) may be paid to the employer out of the
accident fund.
38. Forma of payment; special surgical, etc., treatment.— (1) The board may
in its discretion—
(a)
Commute the whole or any part of the payments due or payable to
any workman or dependent for a lump sum; or
(h)
Substitute for such paymeuts any other scheme of periodical pay
ments; 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 the
accideut fund to provide a special surgical operation or other special medical
treatment for a workman, the expense of such operation or treatment may be
paid out of the accident fund.
634
WOBKMEN’ s COMPENSATION LAWS---- CANADA
39. Medical, etc.. aid.— (a) Every workman entitled to compensation under
this 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 and transportation as may be necessary as a result of
the injury.
(b) In this act “ medical aid ” shall mean the medical and surgical aid
and hospital and skilled nursing services and transportation as above men
tioned.
(c) In the industries within the scope of part one of this act, 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 em
ployers.
(d) All questions as to the necessity, character, and sufficiency of any medi
cal aid furnished or to be furnished shall be determined by the board.
(e) The fees or charges for such medical aid shall not be more than would
be properly or reasonably charged to the workman if he were 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.
(f) It shall not be lawful, except as hereinafter provided in clause (ff),
for any employer directly or indirectly to collect or receive or demand from
any workman any contribution toward the expense of medical aid, and every
person contravening this provision shall, for every contravention be liable to
a penalty not exceeding $50 and shall also be liable, upon the order of the
board, to reimburse the workman tlie amount of any amount so collected, re
ceived, or obtained.
(ff) Where any employer has now established or hereafter establishes in
connection with any industry carried on by him an arrangement for furnish
ing medical aid to his workman, which, in the opinion of the board, is at least
as favorable to the workmen as that herein provided for, the board may, after
investigating the facts and considering the wishes of both workmen and em
ployer, approve of such arrangements, and as long as such approval continues,
such arrangements may be continued in lieu of the medical aid hereinbefore
provided for, and if the injury is within the scope of Part I of the act,
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.
But medical aid so furnished or provided shall be subject at all times to the
supervision and control of the board.
(7i ) Employers* in any industries in which it is deemed proper may be re
quired by the board to maintain, as may be directed by the board, such firstaid appliances and service as the hoard may direct, and the board may make
such order respecting the expenses thereof as may be deemed just.
(/) Every employer shall furnish to any workman injured in his employ
ment, who is in need of it, immediate conveyance and transportation to a
hospital, or a physician, or to the workman's home, such transportation to
be paid for by the board out of the general accident fund, and any employer
failing so to do shall be subject to a penalty not exceeding $20, to be collected
upon the order of the board.
(j) 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
prohibited by this act, shall be determined by the board.
(k) Every physician, surgical [surgeon], hospital official, or nurse attending,
consulted 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.
(1)
In case of any workman employed as a master, mate, engineer, seaman,
sailor, steward, or fireman, or in any other capacity on board of any vessel
on which duty has been paid or is payable for the purpose of the sick mariners'
fund, under Part V of the Canada shipping act, being chapter 113 of the Re
vised Statutes of Canada. 1906, the above sections shall not apply to such
workmen during the period in respect of which such duty has been paid or
is payable.
TEXT OF LAWS— SE W BRUNSWICK
635
40-43. Claims; reports.— [Persons entitled to compensation are required to
file with the board an application therefor with a certificate of the attending
physician, if any, and other proofs as required by the board. Physicians are
to render such assistance as may be necessary, and to furnish reports to the
board as it may require. Employers must report accidents to the board within
three days, giving prescribed data and other particulars that the board may
ask for; subsequent reports must also be made as required. Employees must
submit their claims within 14 days after any accident or notify the board of
the accident during that time or so soon thereafter as the claim accrues.
Payments are to be made in accordance with the directions of the board,
those to minors to persons found qualified to administer the payment, whether
the legal guardian or not. The board may reopen and readjust any claim or
award at any time for cause, and may require proof from time to time of the
existence and condition of dependents to whom payments are being made.]
44-01. Accident fund.— [The board is to divide the industries within the
scope of this part of the act into classes, which it may rearrange according to
its judgment. Assessments are to be made annually to provide funds in each
class sufficient to meet all compensation claims payable during the succeeding
year. Employers must/ furnish an estimate of the probable amount of llieir
pay roll as the basis of such assessments. Tax assessors are to make returns
to the board showing industrial data for the use of the board. The board is to
be notified of the granting of any building permit and of the operation of
lK>rtable sawmills. Separate accounts are to be kept for each class and fund,
but for the purpose of paying compensation the accident fund is a unit. Addi
tional levies may be made for the purposes of reserves, contingent funds, sink
ing funds, or equalization funds. The board may also, if it thinks expedient,
collect a sufficient amount for any industry or class to provide capitalized
reserves for future years.
Subclassifications, differentials, and special hazard ratings may be made, also
provision for reinsurance if authorized by the lieutenant governor in council.
Due notice must be given, but regardless of notice or demand it is the duty of
every employer to pay the full amount of any assessment. Recovery may be
by action for the amount unpaid, with costs. If the employer neglects to fur
nish the estimate required, the board may make its own estimate. Levies may
be collected in installments or as the board may deem expedient, or if sufficient
funds are in hand any installment may be abated or its collection deferred.
Further assessments may be made as necessary, or temporary advances to
make up any deficiency that may arise in any fund. Provision is also made for
temporary industries, from which security may be required, until final audit
after the cessation of the undertaking. A penalty not exceeding 12 per cent
per annum shall be added in case of delinquent assessments. In case of a
liability accruing during a period of delinquency the board may assess, in addi
tion to other penalties and liabilities, the full amount or capitalized value of
the benefit payable in respect of such accident; but if the default is regarded
as excusable, the employer may be relieved in whole or in part from such
liability.]
02.
03. Contractors.— [In case of work done under contract with a munici
pality it may withhold the assessments for such work from any sum due the
contractor. Both contractor and principal may be held for the •assessments
where work is done through a contractor, but as between the parties themselves
the contractor is primarily liable in the absence of provisions to the contrary.
The same rule applies in the case of contractors and subcontractors. Con
tra ctors or subcontractors not assessed with respect to work carried on by
them may be considered as employees of the principal, but in the absence of
any provision to the contrary the principal may recover from the contractor
and the contractor from the subcontractor a proportionate part of such assess
ment with respect to the specific work done.]
04-72. Protection and adjustment of assessments.— [Where the mechanics’
lien act will apply it is the duty of the owner to see that any assessment in
respect of the work or service is paid. Assessments are to be included among
the debts which are given priority in cases of insolvency, assignment, or death
and are a first lien on all property, real, personal, or mixed, used in or in
connection with the industry with respect of which the employer is assessed,
subject only to claims for taxes. Assessments in default may be certified and
the certificate filed with the clerk of any county court or registrar of the
supreme court, whereupon it becomes enforceable as a judgment.
1905°— 20------41
636
w o r k m e n ’ s c o m p e n s a t io n
law s—
Ca n a d a
On or before April 1 of each year adjustment is to be made of the assess
ments for the preceding calendar year, further assessments or refunds to be
made according to the conditions of the case. Employers must furnish verified
copies of their pay rolls, with due and proper deduction where the wages of
any workman exceed the rate of $125 per month. Distribution of assessments
is to be made where industries change hands during the year, and the board
or any member or officer thereof may examine books and accounts and make
other inquiry to ascertain the accuracy of statements made as to pay rolls.
Entrance to premises must be allowed at all reasonable hours for this pur
pose, and for safety inspections, but no information thus obtained may be
divulged or used except in the performance of duties under the board.]
73. Investments.— [The board may invest any part of the accident fund in
approved securities, no part of the fund to be subject to any municipal or
other tax.]
74-77. Regulations.— [The board may make necessary regulations subject to
approval by the lieutenant governor in council, may prescribe i>enalties re
coverable under the summary convictions act or by action by the board in any
court of competent jurisdiction, such penalties when collected to be a part of
the accident fund.
If an association makes rules for the prevention of accidents in any industry,
the board may approve such rules, whereupon they will be binding on all em
ployers in the class, subclass, or group represented, regardless of membership
in the association. The board may also pay the salary and necessary expenses
of any inspector, engineer, or expert appointed under the authority of such
an association, or may make allowances to it to meet its expenses, such salaries
and allowances to be payable from the accident fund for the class or group
represented.]
78.
Industrial diseases.— (1) Where a workman suffers from an industrial
disease and is thereby disabled from earning full wages at the work at which
he was employed, or bis 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 12 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 compensa
tion 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.
79 [Authorizes a proclamation fixing the date of operation under the various
provisions of the act.]
Part II
[This is an employers’ liability law for industries, etc., to which Part I does
not apply.]
Passed April 26, 1918.
O
rders
in
C
o u n c il
F e b r u a r y 5, 1919.
Nonresident beneficiaries.—An order in council was passed authorizing the
board to pay compensation out of the accident fund of the workmen’s compen
sation act, 1918, to a workman or his dependents residing outside of New Bruns
wick when entitled thereto in case of death or injury within the Province when
tho raws of such Province, State, or country in which such workman or de
pendents reside, provide in case of death or injury for payment of compensatioTi corresi>onding or similar to that provided by Part I of the workmen’s com
pensation act of this Province to a workman or his dependents resident in this
Province.
A f r i t . 17, 1919.
A tided industries.—An order in council was passed providing that the followin*' industries be declared to be within the scope of Part I of the act on and
after the 1st day o f August, A. D. 1919, viz: Persons employed in the woods
TEXT OF LAWS— NOVA SCOTIA
637
in logging, catting of timber, palp wood, firewood, railroad ties or sleepers, or
river driving, rafting, booming, or the transportation of logs, timber, pulp wood,
firewood, railroad ties, or sleepers.
N ovember 5, 1919.
Added industries.—An order in council was (Missed providing that the follow
ing industries be declared to l>e within the scope of Part I of the act, viz:
Teaming, shipbuilding, printing, laundries, wholesale and retail stores (except
as provided in subsection (« ) of sec. 3 of the act), fishing, canning, plumbing,
and road making, transportation, handling of bides; coal and wood merchants,
hospitals, hotels, and window cleaning.
R
e g u l a t io n
18.— I n d u s t r i a l
D
is e a s e s
S
ch edu le
Anthrax: Handling of wool, hair, bristles, hides, and skins.
Lead poisoning or its sequelae: Any process involving the use of lead or its
preparations or compounds.
Mercury poisoning or its sequelae: Any process involving the use of mercury
or its preparations or compounds.
Phosphorus or its sequelae: Any process involving the use of phosphorus or its
preparations or compounds.
Arsenic poisoning or its sequela?: Any process involving the use of arsenic or
its preparations or compounds.
Sulphur poisoning or its sequelae: Any process involving the use of sulphur or
its preparations or compounds.
Ammonia poisoning or its sequelae: Any process involving the use of ammonia
or its preparations or compounds.
Carbon bisulphide or its sequelae: Any process involving the use of carbon
bisulphide.
Carbonic* acid gas: Any process involving the use of carbonic acid gas.
Ankylostomiasis: Mining.
Glanders: Care of any equine animal suffering from glanders, handling the
carcasses of any such animal.
Compressed air illness: Any process carried on in compressed air.
Infection by handling sugar: Any process involving the refining of sugar*
NOVA SCOTIA
ACTS OF 1915
Chapter 1.—Compensation of workmen for injuries*
1. Title.—This act may be cited as the workmen’s compensation act
2. Definitions.—In this act—
(a) “Accident fund’* shall mean the fund provided for the payment 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 subdivision or group of
employers in such class.
(c) “ Board” shall mean workmen’s compensation board.
(tf) “ 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 resulting from such accident.
(f) “ Employer” includes every person having in his service, under a con
tract 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 a receiver, liquidator, execu
tor, administrator, and any person appointed by a court or a judge, who has
authority to carry on an industry, municipal corporations, and the Crown as
1As last amended 1923; no later amendments.
638
w o r k m e n ’s co m p en sa tio n la w s — cakada
represented by the Province, and may include the Crown as represented by
the Dominion of Canada in so far as it may in its capacity of employer submit
to the operation of this act.
(</) “ 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 l>e 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.
(t) "Industry’’ shall include establishment, undertaking, work, operation,
trade, and business.
O') “ Invalid” shall mean physically or mentally incapable of earning.
( k) “ Member of the family” shall mean and include wife, husband, father,
mother, grand father, 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 con
sanguinity or not so related; and where the workman is the parent or grand
parent of an illegitimate child shall include such child, and where the work
man 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, re
paired, 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.
(*») “ 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-reseue work
under the direction or with the approval, 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 en
gaged in rescuing or protecting or attempting to rescue or protect lift? or prop
erty in the case of an explosion, a lire, 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;
a receiver, liquidator, or other person, appointed by a court or a judge with
power to manage or carry on the business of a company for winding up or other
purposes, shall not be deemed a workman.
(o)
“ 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 rail
way cars.
(q) The word “ widow” and the words “ invalid widower” in section 38
refer to the widow or invalid widower of a workman whose death results from
an accident compensable under Part I.
P art
I
3.
Industries covercd.—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, steve
doring. rafting of lumber, teaming, horseshoeing, scavenging, street cleaning,
handling of hides, painting, decorating, renovating, dyeing and cleaning, the
operation of any railway, tramway, telegraph, cable, or telephone system, elec
tric light or power plant or system, gas works, waterworks, sewers, laundries,
theaters, packing houses, lumber yards, coal yards, refrigerating or coldstorage plant, warehouses, elevators, boats, ships, tugs, ferries, dredges, and
any public utility, and any occupation incidental to or immediately connected
TEXT OF- LAWS— NOVA SCOTIA
639
with any of the industries or operations mentioned in this section: Provided,
That subject to sections 4 and 5, this part shall not apply to the following:
(a) Persons engaged as traveling salesmen.
(ft) Persons whose employment is of a casual nature, and who are em
ployed otherwise than for the purposes of the employer’s trade or business.
(c) Outworkers.
(<Z) Persons employed by a city, town, or municipal corporation, as mem
bers of a police force or of a lire department.
(e) Members of the family of the employer who reside with the employer.
4. Admteaion of other industries— (1) Any industry or workman not within
the scope of this part 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 aud 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 de
pendents, 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.
5. Excliusions authorised.—The board may by regulation exclude from the
scope of this part any industry or industries in which not more than a stated
number (fixed by regulation) of workmen, or workmen other than temporary
workmen are employed, and may define the meaning of “ temporary work
men.” 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 ex
clude the mayor, warden, clerk, treasurer, controllers, councilors, and alder
men, 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.
0.
Compensation to be paid.— (1) Where in any industry within the scope
of this part personal injury by accident arising out of and in the course
of employment is caused to a workman, compensation as hereinafter pro
vided shall be paid to such workman, or his dependents, as the case may be*
except where the injury ia) does not disable the workman for a period of
at least seven days from earning full wages at the work at which he was em
ployed; or ( b) is attributable solely to the serious and willful misconduct of
the workman, unless the injury results in death or serious and permanent dis
ablement.
(2) Where the accident arose out of the employment, unless the contrary is
shown, it shall be presumed that it occurred in the course of the employ
ment, 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 computed and
be payable from the date of the disability.
7.
Application of law.— (1), (2), (a) [Every contract establishing the
relationship of employer and workman, unless the contrary is expressed in
an agreement in writing signed by the parties, will be deemed to contain a
covenant accepting the compensation provisions of Part I, to the exclusion of
every other right of action, statutory or otherwise, on the part of the em
ployee or his heirs, assigns, etc.; while the employer covenants to apply for the
admission of his industry to inclusion within the scope of that part, agreeing
also to make compensation for injuries received by the workman employed in
such industry in case of injury while employed outside the Province.]
(ft) The foregoing subsection (<?) hereof shall apply to the industries of
“ 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 employer 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 Prince Edward Island, or Newfound
640
WOBKMEN *S COMPENSATION LAWS— CANADA
land, or to the making of fishing trips or voyages from ports or places in Nova
Scotia.
(3) An industry carried on out of Nova Scotia shall be within the scope of
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 iu such certificate. The admission of such
industry and the granting of such certificate shall be iu the discretion of the
board.
(4) (a) Where an accident happens while the workman is employed else
where than in Nova Scotia, which would entitle him or his dependents 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 acci
dent is within the scope of this part by virtue of subsection (3) of this section.
(&) Section 13 of this act shall apply to the dependents of such workman
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 1 shall
be sufficient proof of that fact.
(5) A workman or his dependents, as the case may be, who would be entitled
to compensation under this part but for the refusal, neglect, or failure of an
employer within the provisions of this section to perform 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 pay
ment of compensation to such workman or his dependents as provided by said
statutory covenant of the employer and the provisions of this part.
(6) This section shall not apply to such part of an industry as is carried on
out of Nova Scotia, nor to a workman engaged therein for the period 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 workman or
bis dependents are, by the law of the country or place in which the accident
happens, entitled to proceed by action or other proceedings in any court against
the employer personally to recover damages or compensation against the em
ployer in resi>ect of such accident; or (b) 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, no compensation shall
be payable under this part in the cases mentioned in (a) and (b) of this sub
section, unless an election be first made to claim compensation under the pro
visions of this part in lieu of all claims and rights under the law of such
other country or place, and unless such undertaking be given as the board
may require that no action or other proceedings will be commenced against
Ihe employer for damages, or to attach or levy upon any property, of the
employer in such country or place; and in the cases mentioned in (o) and (d)
hereof any compensation that the person making such demand or commencing
such action or proceeding would otherwise be entitled to under this part, may
be forfeited in whole or in part by the board iu 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 proceeding.
(8) Except as provided by this section, no compensation shall be payable
under this part where the accident to the workman happens elsewhere than in
Nova Scotia, and the amount of compensation payable under this section to any
person residing out of the Province at the time of the accident shall not ex
ceed the amount that would be payable to such person under the laws of the
country or place in which the accident happens.
TEXT OF LAWS— NOVA SCOTIA .
641
8. Other relief.—In the case of a nonfatal accident happening to a workman
employed on board of any vessel, compensation shall not be payable under this
part, for the period that the owner of the vessel is, under the merchant 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.
9. Fishing.— (1) In respect to the industry of fishing, a person who becomes
a member of the crew of a ship registered in Nova Scotia under an agreement
to prosecute a fishing voyage or voyages iu 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 meaniug of this part.
(2) The owners of or persons operating the ship referred to in subsection
(1) hereof shall be deemed to be employers within the meaning of this part.
(3) Members of the crew of such ship who are remunerated for their services
in the manner mentioned in subsection (1) hereof shall, for the purposes
of assssments under this part, be deemed to earn wages at the rate of $780
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 $780 a ye.‘>r.
. (4) Assessments paid or payable in resiiect of such industry shall be borne
wholly by the employers.
10. Nottresident beneficiaries.—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 com
pensation payable under the laws of such other Province, country, or jurisdic
tion 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 compensation payments under this part
with respect to an accident happening within Nova Scotia.
11. 12. Third party liability.— [In case another than the employer is liable in
damages for an injury, the workman or his dependents may proceed against
such party, and if less is recovered than a benefit under this part the claim
ant will be entitled to the difference. If compensation is claimed, the board
is subrogated to the rights of the claimant against the third party: but in no
case may an action be brought against an employer who is within the scope of
this part, but if such employer liable for the injury is in another class from
the injured workman, the compensation awarded may be charged against such
class.]
13,14. Remedy exclusive.— [The remedy afforded by this part is exclusive
where applicable; waivers are absolutely void.]
15. Deduction* from wages.— [Any deductions from employees* wages of any
sum which the employer is obligated to pay under this act are unlawful.]
16. Assignments, etc.— [Unless with the approval of the board, no compensation
payments may be assigned or attached, nor may they pass by operation of law,
except to a personal representative, nor are they subject to set-offs.]
17. Claims.— [Claims must be made within one year after the injury or death,
and the right thereto established within 15 months. If medical aid was ren
dered within 30 days after an injury, but no disability arose, and disability of
a serious and permanent nature docs arise after 12 months, the board may,
if satisfied that the disability was due to the injury, extend the above limita
tions in its discretion.]
18. Medical aid.— (1) Every workman entitled to compensation under this
part, or who would have been so entitled had he been disabled for seven days,
shall be entitled, during the period of 30 days from the date of the disability,
to such medical and surgical aid and hospital and skilled nursing services as
may be necessary as a result of the injury.
642
W ORKM EN’ S COMPENSATION LAWS— CANADA
(2) Iu this act “ medical aid ” shall mean the medical and surgical aid
and hospital and skilled nursing services above mentioned.
(3) Such medical aid shall he furnished or arranged for by the board
or as it may direct or approve, and shall at all times be subject to the super
vision and control of the board, and shall be paid for by the board out of
tlie 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
mcdical 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 fur
nishing 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. The
board, for the purpose of approving of any such arrangement, may take into
consideration contributions, voluntarily or by agreement with workmen, made
by the employer to any relief or other association of which at least the majority
of workmen of such employer a re’ members. Any arrangement or practice
in force on December 31. 1010, and which has since been continued for pro
viding medical aid for workmen in any industry, although at the ex]>ense
of workmen, may be temporarily continued unless otherwise ordered by the
board pending the adoption of such arrangement as may meet with the
approval of the board, and wTliile such temporary arrangement or practice
is so continued the board shall not be liable to furnish medical aid to any
workmen entitled to medical aid under such arrangement or practice.
(8) Nothing in this act shall affect any obligation upon tho employer under
any other statute or any regulation made thereunder.
(0)
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 appli
ances 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 liov; the expense thereof slmll be borne as may be deemed just.
(30) Where in conjunction with or apart from the medical aid to which work
men 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.
(31.) Every physician, surgeon, and hospital official attending, consulted
respecting, or having the care of any workmen, shall furnish to the board from
time to time, without additional charge, such reports as may be required by tlie
board in respect of such workman.
(32) In the case of any workman employed as a master, mate, engineer, sea
man, sailor, steward, fireman, or in any other capacity on board of any vessel on
which duty has been paid or is payable for the purpose of the sick mariner’s
fund under Part V of the *•Canada shipping actM being chapter 113 of the
Revised Statutes of Canada. 3006, 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
surgical attendance and other treatment under said act.
TEXT OF LAWS— NOVA SCOTIA
643
(13) It shall not be lawful for a physician, surgeon, or other person, entitled
to be paid by the board under this part for any services performed or for any
medicines or materials supplied, to make any charge or claim against the in
jured workman, the employer, or any person, other than the board, for such
services, medicines, or materials.
19-37. Workmen's compensation board.— [An administrative board of three
members, to be appointed by the governor in council, to hold office during good
behavior, is provided for. The governor designates a chairman and a vice
chairman and determines salaries. Vacancies may be lilled pro tempore, but
the presence of two members is sufficient to constitute a quorum; service termi
nates at age 75.
The board has like power as the supreme court to compel the attendance of
witnesses, the production of books, papers, etc.; has offices in the city of Hali
fax, but may sit elsewhere as convenient for dispatch of business; is to appoint
secretary, medical officer, and such other employees as necessary for carrying
out llie provisions of this act, terms to be during the pleasure of the board; and
may act on the report of its officers, one of the commissioners, or other person
appointed to make an inquiry. It has jurisdiction to inquire into and determine*
all questions of law and fact arising in connection with the payment of com
pensation and the collection and management of funds therefor and the invest
ment of such funds.
Appeals lie to the supreme court from any final decision as to jurisdiction
or on any question of law; the board may also submit of its own motion any
question of law. Otherwise its findings are final and conclusive, aud specifi
cally as to whether an injury arose out of and in the course of employment,
the degree and permanence of disability, its effect on earning power, the
amount of average earnings, questions of relationship and dependence, classifi
cations of employment, and the rights of employees to compensation under this
part. No costs will be awarded in any appeal. Accounts are to be audited by
an auditor appointed by the governor in council, annual reports made to the
provincial secretary, and all administration expenses paid out of the accident
fund: an annual contribution to this end may be made out of the provincial
treasury, not exceeding $25,000, as the governor in council may direct.]
38. Compensation for death.— (1) Where death results from an injury, the
amount of compensation shall be—
(«) The necessary expenses of the burial of the workman, not exceeding $75.
(b) Where the widow or an invalid widower is the sole dependent, a monthly
payment of $30.
(c) Where the dependents arc a widow or an invalid widower and one or
more children, a monthly payment of $30, with an additional monthly payment
of #7.50 for each child under the age of 16 years, not exceeding in the whole
$(>*0. A widow entitled to compensation by reason of the death of her husband,
or an invalid widower entitled to compensation by reason of the death of his
wife, shall not be entitled to any further compensation as a dependent of any
other workman whose death results from an accident, and any compensation
payable to such widow or invalid widower, in any capacity other than that of
a widow or invalid widower, shall cease when such widow or invalid widower
becomes entitled to compensation as a widow or invalid widower.
(d) Where the dependents are children, a monthly payment of $15 to each
child under the age of 16 years, not exceeding in the whole $60.
(<?) Where no compensation is payable under (6), (c), or (<!), and persons
other than those mentioned in the foregoing clauses are dependents, a sum
reasonable and proportionate to the pecuniary loss to such dependents oc
casioned by the death, to be determined by the board, but not exceeding $30
per month to a parent or ivarents, and not exceeding in the whole $45 per
month.
(f)
Where compensation is payable to or for a child under (c) or (<!) or
under section 40, subsection (2), no additional compensation shall be payable
with respect to such child by reason of the subsequent death from an injury
of any person upon whom such child was wholly or partly dependent.
(2) In the case provided for in clause (e) 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 con
tribute to the support of the dependents.
(3) Where there are both total and partial dependents the compensation
may be allotted partly to the total and partly to the partial dependents.
644
W ORKM EN’ S COMPENSATION LAWS— CANADA
(4) Exclusive of the expense of burial, tlie compensation payable as pro
vided 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 sub
section would in any case exceed that percentage it shall be reduced accord
ingly, and where several persons are entitled to monthly payments the pay
ments shall be reduced proportionately.
(5) The foregoing subsection (4) shall not apply to compensation payable
under clauses (6), (e), or (<J) of subsection ( 1 ): Provided, hatvever, That the
dependents of a workman whose death results from an injury received while
in the employ of an incorporated company shall not be entitled to compensation
in excess of that provided by the foregoing subsection (4) if—
(a) Such workman at the time of the accident was an officer and also a
shareholder of such incorporated company, or
(b) If a majority of tbe shares of such incorporated company was owned at
the time of the accident directly or indirectly by such workman or by the work
man and any members of his family, or by any members of his family.
(6) Where death results from an injury, or after an injury from any cause,
any compensation payable 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, payment
may be made as provided in section 48.
(7) Any compensation payable to a dependent who dies before such com
pensation 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 ad
visable.
39. Remarriage of widow.— (1) If a dependent widow marries, her right
to compensation under (5) or (c) of subsection (1) of section 38 shall cease,
but she shall be eutitled to $20 a month for a period of 25 months from the
date of the marriage, or, in the discretion of the board, to be paid an amount
equal to such payments in one or more amounts, payable during the said 25
months; and upon payment of same all payments of compensation to her shall
cease.
(2) Subsection (1) shall not apply to payments to a widow in respect of a
child.
40. Term of payments.— (1) Payments in respect of a child shall cease when
the child attains the age of 16 years or dies. Compensation shall be payable to
an invalid child without regard to the age of such child, and payments to such
child shall continue so long as in the opinion of the board it might reasonably
have been expected had the workman lived be would have continued to con
tribute to the support of such child.
(2) Where a payment to any one of a number of dependents ceases, the re
maining dependents shall be entitled to receive the same compensation 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.
41. [Transitory.]
42. Permanent total disability.— (1) Where permanent total disability results
from the injury the amount of the compensation shall be a periodical payment
during the life of the workman equal to 55 per cent of his average earniugs.
(2) The compensation awarded under this section shall not be less than an
amount equal to $5 per week, unless the workman’s average earnings are less
than $5 per week, in which case he shall receive compensation in an amount
equal to his average earnings.
43. Pef'tnaneni partial disability.— (1) Where permanent partial disability
results from the injury, the compensation shall be a periodical payment of such
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 circum
stances the amount which the workman was able to earn before the accident
has not been diminished, the board may, nevertheless, recognize an impairment
of earning capacity.
TEXT OF LAWS— NOVA SCOTIA
645
44. Temporary disability.— (1) Where temporary total disability results from
the injury, the compensation shall be the same as that prescribed by section
38. but shall be payable only so long as the disability lasts.
(2) Where temporary partial disability results from the injury, the compen
sation shall be a periodical payment of 55 per cent of the difference between
the average earnings of the workman before the accident and tbe 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.
45. Earning# computed, how.—“Average earnings” and “ earning capacity”
shall mean and refer to the average earnings or earning capacity at the time of
the injury, and may he 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 repre
sent 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.
46. Other benefits.— (1) In fixing the amount of a weekly or monthly pay
ment regard shall be had to any payment, allowance, or benefit which the work
man may receive from his employer during the period of his disability, includ
ing any pension, gratuity, or other allowance provided wholly at the expense
of the employer.
(2) Where compensation is payable, any sum deducted from the compensa
tion under subsection (1) may J>e paid to the employer out of the accident fund.
47-50. Procedure.— [Claimants of benefits must file application therefor with
the board, together with physicians’ certificates, if any, and other proofs as
required by the board. Physicians and surgeons must furnish reports as re
quired, and give all reasonable and necessary information and assistance to
claimants.
Employers must report all disabling accidents within three days, giving
prescribed data, and such other information as the board may direct; also
other reports as the board requires. Payments are to be made as to tbe
board seems most convenient; if to minors or persons of unsound mind, to a
suitable i)erson, whether the guardian or not. Payments are discontinued dur
ing the term of a recipient’s confinement in an insane asylum, jail, or pr,son,
but may be paid dependents. If in prison for an indictable offense, the com
pensation may be entirely forfeited, in the discretion of the board. If a
child under 16 is committed to an institution, benefits may be paid to the
institution, in the discretion of the board.
Periodical payments may be commuted in whole or in part to a lump sum,
and lump sums converted into periodical payments. If, in the opinion of the
board, tbe accident fund would be conserved by special medical or surgical
treatment, the same may be furnished at the cost of the fund.
The board may reopen, review, and redetermine any claim or decision at any
time on grounds of change in conditions and circumstances. If a beneficiary
is found to be leading an immoral or improper life, compensation may be
withheld or suspended and may be paid to other dependents as tbe board
deems advisable. And if a workman entitled to compensation is likely to
misuse his money in gambling or otherwise, the board may withhold or suspend
payment, or make payment to a wife or children or other person dependent
on the injured workman; or payments may be made to a trustee for the benefit
of the workman and his dependents. Payments to a parent may be withheld
in case of the death of child under 14 unlawfully employed.]
51. Minors.—Where the workman was at the date of the accident under 21
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 tbe review.
52. Medical examinations.— (1) The board may from time to time require
that any workman applying for or receiving compensation payments shall sub
mit to medical examination by the board or its duly appointed officers; and
in default of such requirement being complied with, may withhold such com
pensation payments.
(2)
The board may require such proof from time to time of the existence and
condition of any dependents in receipt of compensation payments as may be
deemed by the board necessary.
646
WORKMEN'S COMPENSATION LAWS— CANADA
53. Accident fund.—1The compensation provided for in this act shall be paid
out of a fund to be called 44the accident fund.”
54. Classes of industries.—For the purpose of creating and maintaining the
accident fund, all industries within the scope of this part shall, subject to sec
tions 55 and 56. be 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 fac
tories, cooperage.
Class 3. Coal mining.
Class4. 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, manu
facture of food products, tobacco, and tobacco products.
Class 10. Manufacture of cloth, textiles, and clothing.
Class 11. Printing, lithographing, engraving; manufacture of stationery.
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 ojieration of telegraphs and telephones.
Class 19. Construction and operation of steam railways.
Class 20. Navigation and stevedoring.
55. Adjustment of classes.—The board may by regulation rearrange any of
the classes mentioned in section 54 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 or may make new
classes, or exclude any industry from the operation of Part I, or add any in
dustry to those mentioned in section 3.
56. Duty of board.—The board shall assign every industry within tlie scope of
this part to its proper class; and where any industry includes several depart
ments 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 departments, assigning each of such
departments to its proper class.
57-73. Assessments.— [Annual assessments are to be made on the estimated
pay roll of employers in the various classes; or if an estimate is refused,
the board may make its own estimate; it may fix a minimum of $5 as the
annual contribution of any employer. Separate accounts are to be kept of
each class and reserve fund, but for the purpose of paying compensation, the
accident fund is to be deemed one and indivisible. In addition to the amounts
required to pay current claims, assessments may be made for contingent funds,
sinking funds, reserves, catastrophe funds, and for capitalized reserves to meet
payments accruing in future years, in the discretion of the board. In case of
changes made in accordance with the provisions of section 56, proper adjust
ments of funds are also to be made. If employers fail to make payments, the
board may take action for recovery of tlie same with costs. In cases of tem
porary employments, the board may require security to be given for the pay
ment of the assessment found due. If payments are in default and a judg
ment therefor is returned unsatisfied, the board may apply for an injunction
restraining the employer from carrying on an industry within the scope of
this part until all assessments are paid.
Notice is to be given the employer in due time and form, but employers are
nevertheless obligated to make payment of the full amount of every assessment.
Subclassifications, differentials, and rates proportionate to hazard may be
established; and if any assessment is found insufficient, further assessments
and levies may be made, or temporary advances drawn from reserves. Assess
ments may be collected half-yearly, quarterly, or monthly; or if sufficient
funds are in hand, an assessment may be abated or its collection deferred.
TEXT OF LAWS—-NOVA SCOTIA
647
Annual adjustments are to be made 011 the basis of the aetual pay roll for the
year, with added payments or credits, as the case requires. If an industry
changes hands during the year, assessments are to be adjusted proportionately
to the time of ownership. Only that part of the pay roll is to be considered
as pertains to employees under this part, and the board may by regulation
exclude wages or salaries in excess of an amount fixed by the regulation.
Employers are required to furnish estimates of their pay rolls whenever re
quired, and at the close of each calendar year, or as required by the board, to
furnish certified copies or statements of the same, properly verified. Assessors
and boards of assessors, on the completion of their annual assessments, must
make a return to the board of the names and addresses of all employers, with
the usual number of employees if known, except employers in a farming or
mercantile business. Authorities issuing building permits must also notify
the board of the fact.
Hmployers must keep accurate records of all wages paid employees, subject
to examination by the board or its officers. Refusal, neglect, or failure to
furnish verified copies of pay rolls, or to keep or produce for inspection on
demand an accurate record, authorizes the board to assess a penalty and to
make its own estimate, which shall be final and conclusive for the purpose
of assessments except as the board may revise or change tbe same. Persons
not employers must make statements as to the subject on request of the board,
and if any workmen have been employed, a statement of the nature of the
industry must be furnished, and other information as required by the board.
Jn case of default, a percentage may be added to any assessment; and in case
of an accident during the period of default, the board may, in addition to
other penalty, assess the full amount of the capitalized value of the compen
sation found payable; but if it is satisfied that the default was excusable, the
board may relieve the employer in whole or in part of such liability.
In case of default in the payments of assessments of other amounts recov
erable as assessments, the board may certify the facts to the clerk of the county
court or a prothonotary of the supreme court, whereupon entry as of judgment
will be made, enforceable by execution as any other judgment of the court.
The board, its members, officers, and appointees may examine the books and
accounts of employers as to the correctness of the statements required, and may
take affidavits, affirmations, 01* declarations as to matters connected with the
examinations and inquiries authorized.]
74. Inspections.— FThe board, its members and officers, may inspect the
premises of contributing employers with regard to precautions for the pre
vention of accidents, or for any other purpose which the board may deem neces
sary to aid in determining the employer’s contributions to the accident fund.]
75. Information confidential.— [No officer or member of the board may
divulge, except in the perfonnance of his duties, any information obtained by
him in connection with any inspection or inquiry under this part.]
70, 77. Contractors.— [In case of work done for a municipality or public
service commission, it may pay the assessments and withhold the amount from
moneys due the contractor on accouut of such work. Both contractor and
principal, or either of them, may be held where work is done through a con
tractor; or the levy may be partly against one and partly against tSse other;
but as between the two, in the absence of any agreement to the contrary, the
contractor is to be primarily liable, the same rule applies in the (rase of con
tractors and subcontractors. Contractors and subcontractors who have not
been assessed as to work carried on by them may be classed as employees, but
in the absence of a contrary agreement, the principal may recover from the
contractor and the latter from a subcontractor a proportionate part of such
assessment, and may withhold from sums payable on account of the work
an amount to cover the same.]
78. Mechanics1 Hem.— [Where work is done by an employer for which he
might have a lien under the mechanics* lien act, it is the duty of the owner
to see that any payments due by the employer to the accident fund are paid.]
79. Preferences.— [Assessments are to be included among those debts given
priority under the assignments act, the companies’ winding up act, and the
trustee act of the Province, and are a first lien on all property of the employer
of whatever sort used in connection with or produced in or by the industry
with respect to which the assessment was made; the lien extends also to added
percentages and judgments in case of default.]
89-82. Rules, etc.— [The board may make regulations for the administration
of the act, prescribe forms for pay rolls, reports, etc., and prescribe penalties
648
w o r k m e n ' s c o m p e n s a t io n
law s—
Ca n a d a
for breach of the same, recoverable under the summary penalties act, or In
other proceedings.]
83. Rules of associations.— [If any association makes rules for the prevention
of accidents in an industry or industries represented by the association, the
board may approve the same, whereupon they become binding on all em
ployers in the class or group, whether members of the association or not. The
board may pay the expenses of any engineer, inspector, or expert employed
by such association for the purpose of accident prevention, and may make allowance from the accident fund to meet the expenses of the association.)
84. Industrial diseases.— (1) Where a workman suffers from an industrial
disease 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 12 months previous to the date of his disablement whether
under one or more employments, the workman or his dependents shall be en
titled to compensation as if the disease were a personal injury by accident
and the disablement were the happening of the accident, subject to the modi
fications hereinafter mentioned, unless at the time of entering into the em
ployment he had willfully and falsely represented himself as not having
previously suffered from tbe disease.
(2) If the workman at or immediately before the date of the disablement
was employed in any process mentioned in the second column 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) Nothing in this section shall affect the right of a workman to compensa
tion 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.
85. Exempt occupations.—This part shall not apply to farm laborers or
domestic or menial servants or their employers: Provided, however, That the
board, upon the application of an employer, may, upon such terms and con
ditions as the board may impose, admit the industry in which such laborers or
servants are employed, and in case of such admission and while such admission
is in force, such industry and the workmen and servants engaged therein shall
be within the scope of this part and shall be subject to all the provisions of
this part and of regulations made by the board.
Pa m II
[This is a liability statute for industries not under Part I]
SCHED ULE OF IN D U STR IA L DISEASES
Description of diseases
Description of process
Anthrax------------------------------------------- Handling of wool, hair, bristles, hides,
and skins.
Lead poisoning or its sequelae________ Any process involving the use of lead
or its preparations or compounds.
Mercury poisoning or its sequel*_____ Any process involving the use of mer
cury or its preparations or com
pounds.
Phosphorus poisoning or its sequel*.— Any process involving the use of phos
phorus or its preparations or com
pounds.
Arsenic poisoning or its sequel*----------Any process involving the use of
arscnic or its preparations or comr>oiinds.
Ankylostomiasis_____________________ Mining.
Subcutaneous cellulitis of the hand Mining.
(beat hand).
Subcutaneous cellulitis over the patella Mining*
(miners’ beat knee).
Acute bursitis over the elbow (miners' Mining.
beat elbow).
TEXT OF LAWS— ONTARIO
649
ONTARIO
ACTS OF 1914
C h a pter
25.—Compensation of worJcmen for injuries1
1. Title.—This act may lie cited as tlie workmen's compensation a ct
2. Definitions.— (1) In this act—
(a)
“ Accident ” shall include a willful and au intentional act, not being the
act of the workman and a fortuitous event occasioned by a physical or natural
cause.
(&)
“Accident fund” shall mean the fund provided for the payment of com
pensation, outlays and expenses under this act in respect of schedule 1.
(c) “ Board” shall mean workmen’s compensation board.
(rf) “ Construction” shall include reconstruction, repair, alteration, and
demolition.
(e)
“ Dependents ” shall mean such of the members of the family of a work
man 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.
if) “ 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.
(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
industrial disease.
(i) “ Industry” shall include establishment, undertaking, trade, and busi
ness.
(;> “ Invalid” shall mean physically or mentally incapable of earning.
(fc) “ Manufacturing” shall include making, preparing, altering, repairing,
ornamenting, printing, finishing, packing, assembling the parts of and adapt
ing for use or sale any article or commodity.
(O “ 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 con
sanguinity or not so related, and where the workman is the parent or grand
parent of an illegitimate child, shall include such child, and where the work
man 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, re
paired, 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
(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 munici
pal corporation; (&) a public utilities commission; (c) any 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 corporation, commission, board of trustees, or
school board, but the obligation 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 com1As last amended, 1926.
650
W ORKM EN’ S COMPENSATION LAWS— CANADA
puny 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 connection there
with.
Part I
3. Compensation.— (1) Where in any employment to which this part applies
I>ersonal injury by accident arising out of and in the course of the employment
is. after a day to be named by proclamation of the lieutenant governor in coun
cil. caused to a workman his employer shall be liable to provide or to pay com
pensation in the manner and to the extent hereinafter mentioned, except where
the injury (a) does not disable the workman for the period of at least seven
days from earning full wages at ilie work at which he was employed; or (ft)
is attributable solely 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 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 computed and be
payable from the date of the disability.
(4) This section shall not apply to a person whose employment is of a
casual nature and who is employed otherwise than for the purposes of the
employer's trade or business.
4. Employers liable.—Employers in the industries for the time being included
in schedule 2 shall be liable individually to pay the compensation.
5. Payments to f und.—Employers in the industries for the time being included
in schedule 1 shall be liable to contribute to the accident fund as hereinafter
provided, but shall not be liable individually to pay the compensation.
6. Accidents outside Province.— (1) Where an accident happens while the
workman is employed elsewhere than in Ontario, which would entitle him or his
dependents to compensation under this part if it had happened in Ontario, 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
Ontario, and the residence and the usual place of employment of the workman
are in Outario, and his employment out of Ontario 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 Ontario and the nature of the
employment is such that in the course of the work or service which the work
man 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.
(2a) No compensation shall be payable under this part, whether the work
man is resident within or without Ontario, where the accident happens outside
Ontario and the employer’s place or chief place of business is situate outside
Ontario and the workman is entitled to compensation under the law of the
place w'here the accident happens, unless—
(a) The workman's place of employment is within Ontario and he is at the
time of the accident without Ontario merely for some casual or incidental
purpose connected with his employment within Ontario; or
(b) The accident happens on a steamboat, sliii>, or vessel, or on a raiftvay, and
the workman is a resident of Ontario and the nature of the employment is such
that in the course of the wTork or service wiiich the workman i>erforms it is
required to be performed both within ami without Ontario.
(3) Compensation payable in respect of an accident happening elsewhere
than in Ontario shall, except wiiere the employer has fully contributed to the
accident fund in respect of all the wages of workmen in his employ who are
engaged in the business or wfork in which the accident happens, be paid by the
employer individually, and the business or wTork 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.
7. Election.— [If compensation is payable under the law of the place of in
jury, the workman or his dependents must elect whether to take under that law
or the law of Ontario. In the absence of notice of election it will be presumed
that election has been made not to claim under this part. Such notice must be
given to the party liable to pay compensation within three months from the
date of the injury or death, or thereafter if the board allows.]
TEXT OP LAWS— ONTARIO
651
8. Nonresident beneficiaries.— [No benefits are to be paid nonresident bene
ficiaries unless by the law of the place of residence dependents of a workman
injured therein would receive benefits while residing in Canada: nor may bene
fits exceed iu amount those provided by the law of such other country. Not
withstanding, the board may award compensation, or ti sum in lieu thereof, to a
nonresident dependent as it may deem proper. A war-time clause barred resi
dents of an enemy country. Special provision is also made for the dependents
of workmen employed by railway companies, obliged by the nature of their
work to remove from Canada to another jurisdiclion.J
9. Third party liability.— [Where a third party is liable for the injury to a
workman he may proceed against such party or claim compensation; if the
former, and less is recovered than under this part, the difference is payable as
compensation. If compensation is claimed, the employer or the board is subro
gated to the right of action against such third party. No one under schedule 1
may proceed against an employer under that schedule; but if the employer
liable for the injury is in a different class from that of the injured workman,
the compensation is to be charged against the class to which the responsible
employer belongs.]
10. Contractors.— (1) The workman of a contractor or subcontractor exe
cuting any work in or for the purposes of an industry under Part I of this act,
carried on b.v 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 the board finds and declares
that the responsibility of such contractor or subcontractor is sufficient pro
tection to his workmen for the benefits provided for by the act.
(2) Where a principal has made payment of assessment or compensation
or furnished medical aid which but for subsection (1) he would not have been
liable to pay or furnish, he shall be entitled to reimbursement from the con
tractor 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 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 payment 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
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 indebted
ness due to such person a sufficient amount to answer the same, agd 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 compensation
or the board collecting contribution to the accident fund from the contractor
or any subcontractor instead of the principal.
11. Members of employers’ family.—Where compensation is payable out of
the accident fund, a member of the family of an employer, or the dependents
of such member, 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 compensation shall
his earnings be taken to be more than the amount of his wages, as shown
by such pay roll and statement.
12. Insurance of employer.—-Where compensation is payable out of the acci
dent fund and an employer carries himself on his pay roll or an executive
officer 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
1965°—20------ 42
652
w o r k m e n 's
COMPKNSATION TAWS— CANADA
to the board under section 78 that it is desired that such employer or execu
tive 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 estimate 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 dependents shall be entitled
to compensation accordingly, but for the purpose of determining the compensa
tion his earnings shall not be taken to be more than (he amount of his salary
or wages as shown by such pay roll and statement.
13. Suits forbidden.—No action shall lie for the recovery of the compensation,
whether it is payable by the employer individually or out of the accident
fund, but all ciaims for compensation shall be heard and determined by the
board.
14. Beneficiary leaving Province.— If a workman receiving a weekly or other
periodical pay incut ceases to reside in Ontario 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.
15. Remedy exclusive.— IThe provisions of this part are in lieu of all other
rights of action in cases covered thereby.]
16. Waivers.— [Every agreement to waive the provision of this part is abso
lutely void.]
17. Agreements.— [Where payments are to be made by employers individ
ually, no agreement as to the amount is binding on the beneficiary unless
approved by the board, except for temporary disability of less than four weeks,
and here the board may set aside an agreement on application or on its own
motion. Agreements may be made only with respect of injuries that have
happened and for which a right of compensation has accrued.]
18. Deductions.— [Penalty is provided for employers deducting any sum
from the wages of workmen on account of indemnities provided for by this
part.]
19. Attachments.— [No award may be attached, assigned, or changed unless
with the approval of the board; nor may benefits pass by operation of law
except to a personal representative, nor any set-off be made against them.]
20. Notice.— [Notice of an accident must be given the employer as soon as
practicable after its happening, and before the workman has voluntarily left
the employment; also to the board if compensation is payable from the acci
dent fund. Claims must be submitted within six months after injury or death.
Failure or defect as to notice and claim is not a bar if in the opinion of the
board the employer was not prejudiced thereby, or where the payment is to
be made out of the fund and the board is of the opinion that the claim is just
and should be allowed. Ordinary language is sufficient, and service may be
personal or by registered mail:]
21. 22. Medical examinations.— [Claimants must submit to medical examina
tion if required by the employer, but only in accordance with the regulations
of the board. The board may also require examination by a medical referee.
Failure to submit or obstructing examination suspends the right to compensa
tion during its continuance. Where either employer or employee furnishes
the other with a medical report, the board may, on the application of such
other party, refer the matter to a medical referee, whose certificate as to
physical condition and fitness for work will be conclusive unless the board
otherwise directs.]
22a. Special medical treatment.— [If the board is of opinion that a special
operation or treatment would be in the interest of the accident fund and avoid
heavy payment for permanent disability, such treatment may be provided at
the expense of the accident fund.]
23. Review.— [Any periodical payment may be reviewed by the board at the
request of either party, or on its own motion where payments are from the
accident fund.,1
24. Minors.— [Where the injured workman was under 21, anct a review takes
place more than six months after the injury, the award may be based on the
probable earnings at the time of the review.]
25-28. Commutations.— [Payments by employers may be commuted to lump
sums with the consent of the beneficiary and the approval of the board; the
rEXT OF LAWS— ONTARIO
653
board may commute payments from the accident fund. Payments may go
directly to the beneficiary or be applied as he may direct, or may be invested
or paid to trustees, or used partly in one way and partly in another, as the
board may determine. The board may also advance a lump sum from the
accident fund where circumstances appear to warrant. Where periodical pay
ments have continued at least six months, the board may authorize an em
ployer to purchase an immediate annuity equal to 75 per cent of the value
of the periodical payments, and in other cases of such amount as the board
deems reasonable. Where such employer is insured, the board may direct a
commutation after six months and before tho expiration of 12 months, the
sum to be paid by the insurance company to the board. The board may like
wise require an employer to pay a sum to it, to be applied to periodical pay
ments, subject to added liability if the sum paid was insufficient, or refund if
excessive.]
29, 80. Insurance.— [Where an employer irs individually liable, the board
may require him to insure his liability, which failing, it may procure such
insurance and collect the costs from him as assessments are enforced. The
board may also require benefits in any wise to be paid to it by the insurer, in
which case the right to benefits will be passed upon by the board, and also
the question of such payment.]
31-31b. Security for payments.— [Where death or permanent disability,
total or partial, results, an employer individually liable may be required to
pay a capital sum sufficient to meet future payments if invested at 5 per
cent interest; or security for future payments may be required. Employers
under schedule 2 may likewise be required to make deposits of money from
which the board may pay compensation for accidents to workmen as they
occur. The board is authorized to take the necessary steps: to collect the
additional sums required to meet increased benefits as provided for by
amending acts.]
32. Suspension.—Where a right to compensation is suspended under the
provisions of this part, no compensation shall be payable in respect of the
period of suspension.
33. Compensation for death.— (1) Where death results from an injury, the
amount of the compensation shall be—
{a) The necessary expenses of the burial of the workman, not exceed
ing $125.
(6)
Where the widow or an invalid husband is the sole dependent, a
monthly payment of $40.
(c) Where the dependents are a widow or an invalid husband and one or
more children, a monthly payment of $40, with an additional monthly pay
ment of $10, to be increased upon the death of the widow or invalid husband
to $15, for each child under the age of 16 years.
(d) Where the dependents are children, a monthly payment of $15 to each
child under the age of 16 years.
(c)
Where the dependents are persons other than those mentioned 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.
(la ) Whore the workman leaves no widow or the widow subsequently dies
and it seems desirable to continue the existing household and an aunt, sister,
or other suitable person acts as foster mother in keeping up such household
and maintaining and taking care of the children entitled to compensation in a
manner which the board deems satisfactory, such foster mother while so
doing shall be entitled to receive the same monthly payments of compensa
tion for herself and the children as if she were widow of the deceased, and
in such case the children’s part of such payments shall be in lien of the
monthly payments which they would otherwise have been entitled to receive.
(lb ) In addition to any other compensation provided for the widow,
or where the workman leaves no widow, the foster mother, as in subsec
tion (la ) described, shall be entitled to a lump sum of $100.
(2)
In the case provided for by clause (e) 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 con
tribute 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 de
pendent who stood in loco parentis to the workman shall be entitled, as the
654
w o r k m e n ’ s c o m p en sa tio n la w s — Canada
board may determine, to share in or receive compensation under clause (c),
clause (d), or clause (e).
(2b) Compensation shall be payable to an invalid child without regard to
the age of such child, and payments to such child shall continue so long as
in tlie 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 aud partial dependents, the compensation
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 de
sirable 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 compensation
payable as provided by subsection (1) shall not in any case exceed 66% percent
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 reduced accordingly, and where several per
sons are entitled to monthly payments the payments shall be reduced pro
portionately, but tliis subsection shall not operate to reduce the total monthly
compensation below the rate of $12.50 per week where the dependents are a
widow or an invalid husband and one or more children.
34. Remarriage of tvidow.— (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 within one month after the day of her marriage.
(2) Subsection (1) shall not apply to payments to a widow iu respect of a
child.
35. Payments to children.—Subject to the provisions of subsection (2b) of
section 33, a monthly payment in respect of a child shall cease when the child
attains the age of 16 years or dies.
36. No dependents.—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.
37. Permanent total disability.—Where permanent total disability results
from the injury, the amount of the compensation shall be a weekly payment
during the life of the workman equal to 66% per cent of his average weekly
earnings during the previous 12 months if he has been so long employed,
but if not then for any l<*ss period during which he has been in the employment
of his employer.
38. Permanent partial disability.— (1) Where permanent, partial disability
results from the injury the compensation shall be a weekly payment of 66%
per <rent of the difference between the average weekly earnings of the work
man 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 pay
ment 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 esti
mated from the nature of the injury, having always in view the workman’s
fitness to continue the employment in which he .was injured or to adapt
himself to some other suitable occupation.
39. Temporary total disability.—Where temporary total disability results
from the injury, the compensation shall be the same as that prescribed by
section 37, but shall be payable only so long as the disability lasts.
40. Temporary partial disability.—Where temporary partial disability results
from the injury, 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.
40a. Minimum benefits.—The amount of compensation to which an injured
workman shall be entitled for temporary total or permanent total disability
under the provisions of the workmen’s compensation act shall not be less
TEXT OF LAWS— ONTARIO
655
than $12.50 per week, or, where his average earnings are less than $12.50
per week, the amount of such earnings, and for temporary partial or perma
nent partial disability a corresponding amount in proportion to the impairment
of earning capacity.
41. Computing earningh,— (1) Average earnings shall be computed in such
a manner as is best 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 pei* annum.
(2) Where, owing to the shortness of the time which the workman 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 12 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 of 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 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 un
avoidable cause.
(5) Where the employer was accustomed to pay the workmen 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 com
pensation, having regard to the earnings of the workman at the time of the
accident.
42. Other benefits.— (1) In fixing the amount of a weekly or monthly pay
ment, 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.
42) Where the compensation is payable out of the accident fund any sum
deducted from the compensation under subsection (1) may be paid to the em
ployer out of the accident fund.
43. Time of payments.—The board may whenever it is deemed advisable
provide that the payments of compensation may be fortnightly, or monthly
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 payment or
commute the compensation as the board may deem proper.
43a. Lump sums.—The board, for the purpose of enabling the workman to
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 payment, as in the circum
stances seems most for his advantage.
43b. Widow lending immoral life.— [The board may suspend a widow’s pay
ments, or divert them to other dependents, where it is found that she is a com
mon prostitute, or is living in the relation of man and wife with a man to
whom she is not married.]
44. Minors.—Where a workman or a dependent is an infant under the age
of 21 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.
44a. Medical aid.— (1) Every workman entitled to compensation under this
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, and shall be
entitled to such artificial member or members and apparatus as may be neces
sary as a result of the injury and to have the same kept ii> repair for a period
of one year.
656
W ORKM EN’ S COMPENSATION LAWS— CANADA
(2) In this act “ medical aid " shall mean tiie medical and surgical aid and
hospital and skilled nursing services above mentioned and the artificial mem
ber or members and apparatus and repair.
(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, aud the necessary amount shall be
included in the assessments levied upon (lie employers.
(4) In the industries »n schedule 2 Mich medical aid shall be furnished aud
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 tor
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, aud sufficiency of any medi
cal aid furnished or to be furnished shall be determined by the board.
(0) 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 furnish
ing 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.
(7)
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.
(8.) Where any employer has now 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 workmen and employer, may approve
such arrangement, and as long as such approval remains unrevoked such ar
rangement may be continued in lieu of the medical aid hereto provided for,
and if the industry is in schedule 1 the employer shall be entitled to sueh reim
bursement out of the accident fund or to such reduction in his rate of assess
ment as the board shall deem just.
(>>) Nothing in this act shall affect any obligation upon the employer under
the public health ad or any regulation made thereunder, but notwithstanding
anything therein contained the employer shall not be entitled, directly or in
directly, 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 re
quired by the board to maintain as may be directed by the board such firstaid appliances and service as the board may direct, and the board may make
such order respecting the expenses thereof as may be deemed just.
(10a) Every employer shall at his own expense furnish ro any workman
injure^ in his employment, who is in need of it. immediate conveyance 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.
(11) 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 pro
hibited by this act shall be determined by the board.
441). Reports by physicians.—Every physician, surgeon, and hospital official
attending, consulted respecting, or having the care of any workman shall fur
nish to the board from time to time, without additional charge, such reports as
may be required by the board in respect of such workman.
44c. Rehabilitation.— [The board is authorized to expend not over $100,000 in
any calendar year to aid in getting injured workmen back to work, or lessening
handicaps resulting from injuries. The cost is to be met in schedule 1 cases
from the accident fund, and in schedule 2 cases, by the employers themselves, to
be collected as compensation or expenses of administration.]
45-67. Workmen's compensation board.—[A board of three members, consti
tuting a body corporate, is appointed by the lieutenant governor in council for
TEXT OF LAWS— ONTARIO
657
the purpose of administering Part I of the act. Permanent appointment is to
be made of one member as chairman; a vice chairman is also to he appointed
to act in case of the absence of the chairman. Pro tempore appointments may
be made as occasion requires. Terms of commissioners are during good be
havior, retirement to take place at age 75. Salaries are $10,000 for the chair
man, $8,500 for the vice chairman, and $7,500 for the third member; two mem
bers constitute a quorum.
The board has like powers wich the supreme court as to compelling attend
ance of witnesses and the production of books, papers, etc. Commissioners
must give full time to their duties and may not be interested iu industry,
employers' liability, or accident insurance or safety devices. Offices are to be
in Toronto but meetings may be held in any part of Ontario. Times of meet
ing and the nature of proceedings are to be such as to serve the proper and
speedy dispatch of business. A secretary, medical officer, and other officers,
clerks, and assistants necessary for the administration of the act may be
appointed, tenure to be at the pleasure of the board.
The board is to have exclusive jurisdiction as to all questions arising under
this part, and its action or decision will be final and conclusive, and not open
to question or review by the courts or subject to restraint by injunction or
otherwise. Specifically it is to decide whether any industry or part thereof
falls within the scope of schedule 1 or of schedule 2. or whether any part of
an industry is a part, branch, or department of an industry within the meaning
of Part I. It may at any time amend, alter, or rescind any order or decision
made by it. Costs may be awarded in contested cases, payment to be enforcible
as compensation awards. The board may act on reports of a member, officer,
or appointee, such persons to have the powers of the commission as to wit
nesses, etc.
Orders directing the payment of compensation by employers individually
liable may be certified to a clerk of any county or district court, and when
filed with him become enforcible as a judgment of the court: the cierk is en
titled to a fee of $1 for his services. Subject to approval by the lieutenant
governor in council, the board may make such regulations for carrying out the
provisions of this part as it deems expedient; penalty for contravention of a
regulation is a fine not to exceed $50.
If an action is brought against an employer by a workman or his dependent,
the board may determine whether such action may be brought or whether the
remedy is under Part I, which detenuination will be final.
Provision is made for annual reports of transactions and an audit of ac
counts; also for annual examinations by the superiuteudent of insurance or
an officer of his department, j
68. Contribution by the Province.—To assist in defraying the expenses in
curred in the administration of this part there shall be paid to the board out
of the consolidated revenue fund such annual sum. not exceeding $100,000, as
the lieutenant governor in council may direct.
09. Accident fund.— (1) An accident fund shall be provided by contributions
to bo made in tbe manner hereinafter provided, by the employers in the classes
or groups of industries, for the time being included in schedule 1, and com
pensation payable iu respect of accidents which happen in any industry in
cluded in any of such classes or groups, shall be payable and shall be paid out
of the accident fund.
(2)
Notwithstanding the generality of the description of the classes for the
time being included in schedule 1, none of the industries included 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.
70-72. Reserves.— [Reserve funds are to be maintained for each class, not
necessarily uniform in amount, nor at all times equal to the capitalized value
of future payments, unless the board thinks it necessary to do s o ; but they are
to be sufficient to meet all payments without recourse to the special reserve,
and without unduly or unfairly burdening employers in any class in future
years. If money for payments is not available at any time without recourse to
the reserves, such recourse may be had and a special assessment made to
recoup the same; or money may be advanced from the consolidated revenue
fund of the Province, to be similarly recouped.]
73. Industrie# to be classified.—If any trade or business connected with the
industries of lumbering, mining, quarrying, fishing, manufacturing, building,
construction, engineering, transportation, operation of electric power lines,
658
W ORKMKN’ s COMPENSATION LAWS— CANADA
waterworks, and other public utilities, navigation, operation of boats, ships,
tugs, and dredges; operation of grain elevatoi-s and warehouses; teaming,
scavenging and street cleaning; painting, decorating and renovating; dyeing and
cleaning; or any occupation incidental thereto, or immediately connected there
with, not included in schedule 2, is not included in any of the classes mentioned
in schedule 1, the board shall assign it to an appropriate class or form an addi
tional class or classes embracing flie trades or businesses not so included, and
until that is done, except in so far as it may be otherwise provided by the regu
lations, such trades and businesses shall together constitute a separate group or
class and shali be deemed to be inchided in schedule 1.
74-76a. Adjustment* of classes.— [The board has jurisdiction and authority to
rearrange classes, transfer industries in whole or in part, establish other classes,
or add industries not already included. Subclasses may also be established ac
cording to degrees of hazard. Separate accounts are to be kept for each class
and subclass; but for the purpose of paying compensation, the accident fund is
a unit. In case of excessive losses in any industry due, iu the opinion of the
board, to lack of care or safety provisions, it may add to the sum of the em
ployer’s contribution to the accident fund, or exclude the industry from its
class, whereupon the employer will be individually liable, and the industry will
be included in schedule 2. Small industries, having not more than a stated num
ber of workmen, may be thus withdrawn from schedule 1, but without effecting
exclusion from schedule 2; but employers or workmen in such industries may
give notice of election to be included under schedule 1, which election will be
operative; or any part of an industry may be so added on the application of the
employer. Additions may likewise be made to schedule 2 for such time and on
such terms as the board may fix.]
77. Regulations in force.— [Regulations or orders made by the board are not
in force until approved by the lieutenant governor in council and one month
after publication in the Ontario Gazette.]
78. Employers’ statements.— [Employers are required to furnish annually
verified statements as to the actual pay roll for the year last i>ast and an esti
mate for the succeeding year. Accounts and records are to be kept as the board
may require, open to inspection by its officers. If the employer fails to furnish
the required estimate, the board may make its own estimate and levy accord
ingly, and if it later appears that the estimate was too low, an added assess
ment may be made. Failure to comply also entails a penalty not exceeding $500,
and a percentage or interest additional.]
78a. Assessors' returns.— [Municipal assessors, on the completion of their
roll, are to make return to the board, showing employers’ names, addresses, em
ployees, nature of business, etc,; farming and mercantile business are excluded.
Payment for such service may be made from the accident fund.]
70-82. Inspeel urns, etc.— [The board, a member, or officer, may examine the
books and accounts of employers, take declarations and affirmations, and inspect
premises for safety. Penalties for obstruction are provided. No information
thus obtained may be divulged except in the performance of duty or under au
thority of the board.]
83. Penalties.— [Penalties under this part are recoverable under the summary
convictions act of the Province,]
84-98a. Asse**m<ynts.— [The board is to make annual assessments to cover the
estimated compensation payments for the current year, expenses, and reserves.
Individual wages in excess of $2,000 are to be deducted from any pay roll. The
assessments need not be uniform, but may be fixed in relation to the hazard of
tlie industries included within any class or subclass, within which uniformity
is required. A system of merit rating is authorized. Notice of assessments is
to be given, with times for payment; revision is to be made on the basis of ex
perience if any assessment is found to have been too low ; or supplementary as
sessments may be made where tlie sum realized is insufficient. If a deficiency
occurs in any class because of the failure of some employers to pay their share,
or in case of a disaster it would unfairly burden the employers in that class to
make up the deficiency themselves, the employers in all classes may be assessed,
but this may be deferred until the making of the next annual assessment. A
special or disaster fund may also be provided for.
If the deficiencies above referred to are subsequently made good by the de
faulting employers, the amount shall be apportioned and credited among the
other employers according to the amounts paid by them in this behalf. If an
employer is not assessed in any year, he is nevertheless liable for the amount
for which he should have been assessed, and payment may be enforced and
TEXT OF LAWS— ONTABIO
659
properly credited. Defaulting employers also continue liable for payments in
default, even though the deficiency has been made up. The lieutenant governor
in council may require supplementary assessments to be made when in his
opinion the state of the accident fund or of the reserves makes the action neces
sary.
Failure to pay assessments entails liability to tlie payment of an added per
centage by way of penalty. Employers who fail to transmit pay rolls or other
statements, or to pay assessments when due, may be charged, in addition to
other penalties, with the full cost of compensation for any accident to their
workmen occurring during the period of such default; the board may relieve
from such liability, in whole or in part, if it is of opinion that the default was
excusable. A certificate of an assessment remaining unpaid may be certified by
the secretary of the board and filed with the clerk of the municipality, where
upon it may be enforced as a judgment of the court, or after 30 days tlie collec
tion may be put in the hands of municipal collectors for collection as taxes,
with 5 per cent additional for costs of col lection.
If a new industry is established after the assessment for the year has been
made the employer must notify the board and submit an estimate of his pay roll
for the remainder of the year. In cases of temporary industries the employer
may be required to give security for a sum sufficient to meet his assessment.
If a right to a lien under the statute exists, the owner must see that the con
tributions due the accident fund are made by the employer, or be himself liable.
Assessments are to be classed with those debts given preference by the
various statutes on assignments, trustees and the winding up of companies, the
basis to be tlie lump sum for which periodical payments may be commuted,
not over $500 in respect of any individual claim.]
00.
Reports of accidents.— [Employers must report within three days the
happening of any accident which disables a workman from earning full*wages
or necessitates medical treatment, giving prescribed data and such other de
tails as the board may require. Default entails penalty of fine and may also
entail liability for the compensation awarded in respect of the accident.]
100.
Industrial diseases.— (1) Where a workman suffers from an industrial
disease and is thereby disabled from earning full wages at the work at wliich
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 32 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 modifica
tions 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
32 months in the employment to the nature of which the disease wras due.
(3) The wTorkman 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 wiiorn he was employed in
the employment to the nature of which the disease was due during such 12
months as such workman or his dependents may possess, and if such informa
tion 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 dis
ease 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 wiiile
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 em
ployer shall be the employer by whom the compensation shall be paid.
(5) If the disease is of such a nature as to be contracted by a gradual
process anv other employers who during such 12 months employed the workman
in the employment to the nature of which the disease was due shall bo liable
to make to the employer by whom the compensation is payable such contribu
tions as the board may determine to be just.
(0)
The amount of the compensation shall be fixed with reference to the
earnings of the workman under the employer by wiiom the compensation is
payable, and the notice provided for by section 20 shall be given to the employer
who last employed the workman during such 12 months in the employment to
660
WOBKMEN ’ S COMPENSATION LAWS— CANADA
the nature of which tho disease was due, and the notice may be given notwith
standing that the workman has voluutarily left the employment.
((>«) Where the compensation is payable out of the accident fund the board
shall make such investigution 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 disablement
was employed in any process mentioned in the second column of schedule 3. and
the disease contracted is the disease iu 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.
17a) ( I ) ' 1' Silicosis“ shall mean silicosis of the lungs (a fibroid condition
of the lungs caused by the inhalation of silica dust).
(2) A person shall for the purposes of this act be deemed to have or to have
had silicosis—
) In the ante-primary stage, when it is found by the board that the earliest
detectable specific physical signs of silicosis are or have been present, whether
or not capacity for work is or has been impaired by such silicosis.
(b)
In the primary stage, when it is found by the board that definite and
specific! physical signs of silicosis are or have been present, and that capacity
for work is or has been impaired by that disease, though not seriously and per
manently.
[<•) iu the secondary stage, when it is found by the board that definite and
specific physical signs of silicosis are or have been present, and that capacity
for work is or has been seriously and permanently impaired by that disease
or when it is found by the board that tuberculosis with silicosis is or has been
present.
(7b) Nothing in this act shall entitle a workman or his dependents to com
pensation, medical aid, or payment of burial expenses for disability or death
from silicosis unless the workman has been actually exposed to siiea dust in
his employment in Ontario for periods amounting in all to at least five years
preceding his disablement.
< 8) Nothing in this section shall affect the right of a workman to compen
sation in respect oi' a disease to which this section does not apply if the
disease is the result of an injury in rr^spect of which he is entitled to com
pensation under this part.
101. Employer's asttoeiaUow.— (1) The employers in any of the classes
for the time being included in schedule 1 may form themselves into an asso
ciation for accident prevention and may make rules for that purpose.
(2) If the board is of opiuion 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 lieu
tenant governor in council they shall be binding on all the employers in in
dustries included in the class.
(3) Where an association under the authority of its rules appoints an
inspector or an exiwrt for the purpose of accident prevention, the board
may pay the whole or auy part of the salary or remuneration of such in
spector 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) Tho 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 lmard under this section shall be charged
against the class represented by such association and levied as part of the
assessment against such class.
(0)
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.
102. Committee.— (I) The employers in any of the classes for the time being
included in schedule 1 may appoint a committee of themselves, consisting of not
more than five employees, 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 em
ployers in any such class would be liable, if the board is of the opinion that
TEXT OP LAWS— ONTARIO
661
the committee sufficiently represents such employers and the committee cer
tifies 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 comi>ensatioii if the
workman or dependent is satisfice! with the sum named in (lie certificate.
(3)
The committee may be the medium of communication on (he part of
the class with the board.
103. Contribution by employers in Schedule 2.—Employers in industries for
the time being included in schedule 2 shall pay to the board such propor
tion 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
tibe provisions of this p;irt as to making such assessment shall apply (mu tat is
mutandis) to assessments made under the authority of this section.
104. Application of Part 1.—This part shall apply only to the industries men
tioned in schedules 1 and 2 and to such industries as shall be added to them
under the authority of this part and to employments therein.
P art II
[This is an employers’ liability law and applies to industries not covered
by Part I.]
100. Exclusions.—This act shall not apply to the industry of farming or to
domestic or menial servants or their employers.
SCHEDULE 1.— INDUSTRIES THE EMPLOYERS IN W H IC H ARE LIABLE TO CONTRIBUTE
TO THE ACCIDENT FUND
(As altered and nmended)
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 (including the delivery of lumber)
carried on in connection with saw mills; the creosuting 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, mattresses, bed springs,
artificial limbs, cork articles, cork carpets or linoleum; 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 de
livery of lumber) carried on in connection with planing mills or sash and door
factories; cooperage, not including the making of staves or headings; car
penter. joiner, or cabinet work 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 carbide,
carborundum, or alundum. abrasives or abrasive articles other than stone;
manufacture of fireworks, gunpowder, ammunition, nitroglycerin, dynamite,
guncotton, or other high explosives, torpedoes, fuses, or cartridges.
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;
quarries, stone crushing, limekilns; manufacture of cement, glass, glass prod
ucts, glassware, porcelain, or pottery.
Class 7.—Rolling mills; steelworks; manufacture of heavy forgings, includ
ing ship anchors.
Class 8.—Foundries; gas or electric welding; manufacture of stoves, fur
naces, cast hot-water boilers, radiators, or metal sanitary ware, water fixtures,
or bedsteads.
Class 9.—Fabrication of structural steel, iron, or metal; shipbuilding or
ship repairing; manufacture of boilers, engines, locomotives; riveted pipes,
tubing, or tanks; safes* heavy machinery, cranes; or metal siding, ceiling,
roofing, shingles, window lTftmes, or the like.
662
w o r k m e n ’ s c o m p e n sa t io n l a w s —
CAKADA
Clans 10.—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 enam
eled wares or articles not otherwise specified; metal wares, instruments, uten
sils, and articles; wire goods, screens, cold-drawn shafting, cold-drawn tubing,
firearms, ammunition shells (without explosives), windmills, gas or electric
light fixture#, light machinery, scales, cash registers, typewriters, adding ma
chines, dry batteries, cameras, sporting goods, metal toys; buttons of metal,
ivory, pearl, or horn; ivory articles, rubber stamps, pads, or stencils; manu
facture of gold or silver ware, plated ware, watches, watchcases, clocks,
jewelry, or musical instruments.
Class I t .—Manufacture of agricultural implements, threshing machines,
wagons, carriages, sleighs, vehicles, automobiles, motor trucks, motor cycles,
bicycles, tricycies, toy wagons or sleighs, baby carriages, or airplanes; car
shops.
Class 12.—Manufacture of paint, color, varnish, oil, japans, turpentine, print
ing ink, printers’ rollers; manufacture of salt; manufacture of chemicals,
corrosive acids, or salts, ammonia, gasoline, petroleum, petroleum products,
celluloid, gas, charcoal, artificial 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; manufacture of
nonhazardous chemicals, drugs, medicines, dyes, extracts, pharmaceutical or
toilet preparations, soaps, candies, perfumes, noncorrosive acids or chemical
preparations; shoe blacking or polish, yeast, baking powder or mucilage; tar,
or tarred, pitched, or asphalted paper.
Class IS.—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 l fb—Manufacture or preparation of meats or meat product* or glue;
packing houses, abattoirs; manufacture of fertilizers not incidental to any
other industry.
Class lo.—Distilleries, breweries; manufacture of spirituous or malt liquors,
malt, alcohol, wine, vinegar, cider, mineral water, soda waters, or methylated
spirits; sugar refineries; manufacture of dairy products, butter, cheese, con
densed milk or cream, biscuits, confectionery, chewing gum, spices, condi
ments, or any kind of starch; bakeries; canning or preparation of fruit, vege
tables, fish or foodstuffs; pickle factories; manufacture of tobacco, cigars,
cigarettes, or tobacco products.
('lass 16.—Tanneries; manufacture of leather goods and products, belting,
whips, saddlery, harness, trunks, valises, trusses, imitation leather, boots,
shoes, gloves, rubber goods, rubber shoes, tubing, tires, or hose.
<lass 17.—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, hair cloth and other hair goods; work in manilu or hemp.
Class 18.—Manufacture of men’s or women’s clothing, white wear, shirts,
collars, corsets, hats other than felt, caps ful's, robes, feathers or artificial
flowers, quilts, clothing pads, tents, awnings, gloves, mittens, neckties, or other
articles not otherwise specified made from fabrics; tho erection of awnings;
covering of umbrellas; power laundries; dyeing, cleaning, or bleaching.
Class 19.—Printing, p]10to-engraving, engraving, lithographing, bookbinding,
embossing: manufacture of stationery, paper, cardboard boxes, bags, wallpaper,
or papier-mAche.
Class 20.—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 (‘leaning,
or removal of snow or ice; coal, wood, lumber yard, and builders’ supply
businesses.
Class 21.—Road or street making or repairing; bridge? or culvert construction
not otherwise classified; manufacture of asphalt material or paving material
not otherwise classified; concrete or cement work not otherwise cjtfssiliod;
sewer construction, tunneling, shaft sinking, well digging; construction or op
eration of a waterworks system; excavation work for foundations other than
for or in connection with buildings; trenching, less thhb 6 feet deep, for gas
TEXT OF LAWS— ONTABIO
663
pipes, water pipes, or wire conduits; excavation work not otherwise classified
where the depth is more than 6 feet and the width is less than half the depth.
C'lass 22.—Construction, installation, or operation ol5 electric power lines or
appliances and power transmission lines; construction or operation of an
electric-light system; construction and operation of power plants and eleotricliglit works, not included in Schedule 2; 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 23.—Steel building and bridge construction; installation of elevators,
fire escapes, boilers, engines, or heavy machinery: the erection of windmills;
construction or operation of railways or canals; construction or operation of
dry docks; construction of piers, wharves, breakwaters, or other harbor im
provements; stevedoring; operation of and work upon wharves; dredging,
subaqueous construction or pile driving; fishing; loading or unloading of cars;
all industries, trades, businesses, and occupations mentioned in section 73 of
the act, not otherwise classified and not included in Schedule 2.
Class 24.—Bricklaying, mason work, stone setting; plastering; concrete or
cement work in or connected with buildings; excavation work for or con
nected with buildings; structural carpentry; lathing; installation of pipe
organs; house wrecking or house moving; painting, decoration, or renovating;
glazing or installation of plate glass; the business of window cleaning; sheetmetal work; roofing; .the erection of lightning rods; electric wiring of build
ings or installation of lighting fixtures; plumbing, heating, or sanitary engi
neering ; gas or steam fitting; operation of theaters licensed under the theaters
and cinematographs act, and operation of places for exhibitions by movingpicture machines licensed under the theaters and cinematographs act.
SCHEDULE 2.— INDUSTRIES TU B EMPLOYERS IN W H IC H ARE INDIVIDUALLY LIABLE TO
PA Y TH E COMPENSATION
(As amended)
1. The trade or business, as defined by subsection 2 of section 2, of a munici
pal 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.
2. The construction or operation of railways operated by steam, electric, or
other motive power, street railways and incline railways, but not their con
struction 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 com
pany 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 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.
5. The construction or operation of telegraph lines and works for the pur
poses of the business of a telegraph company or used or to be used in connec
tion with its business when constructed or operated by the company.
6. The construction or operation of steam vessels and works for the pur
poses of tlie business of a navigation company or used or to be used in con
nection with its business when constructed or operated by the company, and
ail other navigation, towing, operation of vessels, and marine wrecking.
7. The operation of the business of an express company which operates 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 constructed by any
person or company other than the person or company owning or operating the
bridge.
664
w o r k m e n ' s c o m p e n s a t io n
l a w s ---- CAKADA
SCHEDULE 3
D e s c r ip t io n
o f
d iw a s e
lJ e s c r ip L io n
o f
process
Anthrax-------------------------Handling of wool, Lair, bristles, hides, and skins.
Lead poisoning or its se- Any process* involving the use of lead or its prepaquelse.
rations or compounds.
Mercury poisoning or its Any process involving tlie use of mercury or its
sequelae.
preparations or compounds.
Miners’ phthisis- ________Mining.
Phosphorus poisoning or Any process involving the use of phosphorus or its
its sequelae.
preparations or compounds.
Arsenic poisoning or its Any process involving the use of arsenic or its prepasequels*.
rations or compounds.
An kylostomiasis_________ Mining.
Silicosis________________ Mining.
Stone workers’ or grind- Quarrying, cutting, crushing, grinding, or polishing
ers* phthisis.
of stone, or grinding or polishing of metal.
Pneumoconiosis-------------- Quarrying, cutting, crushing, grinding, or polishing
of slone, or grinding or polishing of metal.
Benzol poisoning-------------Any process involving the use of benzol.
QUEBEC
ACTS OF 1926
C h apter
32.— Workmen's compensation act
1. Short tille.—This act may be cited as the workmen's compensation act,
1926.
Division I.—C o m p e n s a t i o n
2. Scope of la iv.—Accidents happening by reason of or in the course of their
work to apprentices, workmen, and employees engaged—
In the work of building or in factories, manufactories, or workshops.
In stone, wood, or coal yards.
In lumbering operations, including the floating of timber.
In any transportation business by land or by water, or in loading or un
loading.
In any gas or electrical business.
In the business of building, repairing, or maintenance of public roads,
railways, or tramways, waterworks, drains, sewers, dams, wharves, docks, eleva
tors, bridges, or either similar work.
In mines or quarries.
In any industrial enterprise or yard in which explosives are manufactured,
used, or kept, or in which machinery is used, moved by power other than that
of men or of animals; but only if such accident is caused by such machine or
discharge of such explosives—
Shall cutitle the injured person or his representatives to compensation as
hereinafter determined.
3. F>uh!ic and mercantile em ployes.—The government of the Province of
Quebec and public and private corporations shall, on the same footing as
individuals, be subject to these provisions whenever they come within one of
the cases enumerated in section 2.
These provisions shall likewise apply to commercial establishments, but only
for accidents caused through an elevator, or machinery moved by power other
than that of men or animals, to those in charge of same, or which happen in a
workshop which is part of the enterprise.
4. Exemptions.—A workman who usually works alone shall not be subject
to liability under this act from the fact of one or more other workmen casually
working with him, or from the fact of the members of his family, who live with
him. habitually working with him.
This act shall not apply to agricultural industries, nor to navigation by means
of sails, nor to domestic service.
5. Benefits.—1. In the cases provided for in section % the person injured
shall be entitled—
(a)
In case of total and permanent incapacity, to a life rent eqnal to twothirds of his yearly wages.
TEXT OP LAWS— QUEBEC
665
(1)) In case of permanent and partial Incapacity, to a life rent equal to
one-balf of the sura hy which his yearly wages have been reduced in conse
quence of the accident.
(0) After a permanent and partial incapacity, if the incapacity be aggra
vated by another accident, to a life rent equal to two-thirds of the sum by
which his yearly wages are again reduced by such aggravation.
These rents shall he due from the day on which the permanent nature of
the incapacity is established.
2. In case of temporary incapacity which has lasted leas than seven days*
to medical attendance.
If the temporary incapacity has lasted seven days or more, to an allowance
equal to half his daily wages at tlie thue, starting from the seventh day after
the accident.
.Such allowance shall be payable at the times and place where payment is
usually made in the enterprise, but the interval between each payment shall
not exceed 10 days; it shall not exceed $25 a week, nor be less than $8 a
week save where the wages of the person injured are less than this, in which
case it shall not exceed the amount of his daily wages.
3. Death.—When the accident results in death, a pension shall be paid,
starting from the death, to the representatives, hereinafter designated, of the
deceased, in the order in which they are enumerated, and each degree exclud
ing those following:
(a) To the surviving consort, not divorced nor separated from bed and
board at the time of the death, provided tlie marriage took place before the
accident, a life rent equal to 20 per cent of the yearly wages of the deceased.
If the decreased has left legitimate or legitimatized children under 16 years
of age, the life rent to the consort shall be increased in the following
proportions:
For one child, 10 per cent of the yearly wages of the deceased.
For two children. 20 per rent of the yearly wages of the deceased.
For three children, 30 per cent of the yearly wages of the deceased.
For four or more children, 40 per cent of the yearly wages of the deceased.
The rent shall be proportionally reduced as the children of the deceased
reach the full age of 10 years.
In the event of remarrying, the cousort shall lose the right to his or her
share of the rent, but shall continue to receive that allotted to the children.
Where the widow who is receiving a rent remarries, she shall receive a
final allowance equal to the rents for 12 months.
(b) To each child who is •without father and mother, a rent equal to 20
per cent of the yearly wages, until he reaches the full age of 10 years, the
total of such rents not to exceed 00 per cent of the yearly wages.
(c) If there he no consort surviving, or children, qualified to receive under
the preceding subparagraphs (a) and (b). each of the ascendants and descend
ants of whom the deceased was the principal support shall receive a rent,
payable to the ascendants for life and to the descendants until the age of
10 years, equal to 10 per cent of the yearly wages of the deceased, the total
amount of the rents so allowed not to exceed 30 per cent of the yearly wages,
and each rent, as the case may be, being reduced proportionally.
0. Medical, etc., aid.—Accidents which are provided for by this act shall
in addition entitle the injured person or his representatives, as the case
may be—
(1) For a period not to exceed six months, to all medical, surgical, and
pharmaceutical and hospital charges according to a tariff approved by the
lieutenant governor in council, as well as to charges of transporting the
injured person to the nearest hospital. Wherever there is more than one
hospital, the injured person may select one of his own choice;
(2) To the supplying and normal renewing, during the same period, of
prosthetic and orthopedic appliances, the use whereof is deemed necessary;
and
(3) In case of death, to the actual funeral expenses, but to the extent of
$100 only.
The employer must procure for the injured person whose mother tongue
is French or English the services of a physician and. if required, of nurses
speaking his language. Should he fail to do so. the injured person may
provide them himself at the expense of the employer. The employer and the
head of the enterprise, or the insurance company, as the case may be, may
be sued directly by the physicians and hospital establishments having had
666
WORKMEN ’ S COMPENSATION LAWS— CANADA
tlie care of tlie injured jierson, but. if there is no agreement to the contrary,
only to the extent of the sums fixed by the tariff.
T. Payment* exempt.—The rents. allowances, and compensation due under
this act shall he inalienable and exempt from seizure,
The rents shall be payable monthly at the domicile of tlie person entitled
thereto or at any other place in the Province indicated by him.
8.
Computing wageh.— The yearly wages upon which the rent is based
shall be. in the case of a workman engaged in the business during the 12
months next l>efore the accident, the actual remuneration allowed him during
such time, whether in money or in kind.
In the case of a workman employed less than 12 months before the acci
dent. such wages shall be the actual remuneration which he has received
since he was employed in the enterprise, plus the average remuneration
received by workmen of the same class during the time necessary to complete
the 12 months.
If the work is not continuous, the year's wages shall be calculated both ac
cording to the remuneration received while the work went on, and according
to the workman’s earnings during the remainder of the year.
In the case where the workman receives a fixed wage, any remuneration he
may have received for overtime shall not be taken into account in calculating
his yearly wages.
The yearly wages to be considered in calculating the rent shall not be less
than $600, nor more than $2,000.
0.
Burden of liability.—The rente, allowances, and compensation established
by this act shall be at the charge of the injured person’s immediate employer;
but the head of the industry or enterprise for which such employer is acting
as a contractor, subcontractor or otherwise, shall be jointly and severally liable
with such employer, in favor of the injured person or his representatives, for
the payment of such rents, allowances and compensation.
If the judgment fixing a compensation is not complied with within fifteen
days, the beneficiaries may sue the debtor’s guaranty insurance company
directly, to recover the amount of the judgment. The action against the in
surance company shall be subject to a prescription of six months from the
date of the judgment.
The head of the industry or enterprise, after having paid, may recover the
amount so paid from the party responsible.
10.
Accident reports.—Every accident occasioning inability to work shall lie
reported to the minister of public works and labor by the employer or the
authorized representatives of. such employer within 30 days. This provision
shall not apply to the government of the Province of Quebec.
The report shall be in writing and contain all information required by the
minister.
Immediately after settlement of the compensation, the employer shall report
in writing to the minister and answer all the questions put in this connection.
Failure, without reasonable excuse, to make such reports shall render the
employer liable to a fine of not less than $25 and not more than $100. payable
to the Crown, and recoverable in the usual manner with costs, and, in default
of payment of the fine and costs, the employer, and in the case of a corpora
tion, the president and the manager thereof, shall be liable to an imprison
ment for not more than 30 days.
The fine and imprisonment may be repeatedly imposed until the party con
demned has furnished the minister with the required reports.
The injured person and the attendant physician may give a like notice.
13.
Notice of accident.—Notice of an accident shall be given to the employer
within 30 days, by the injured person or his representatives, and by the physi
cians who attended him.
In default of such notice, the person injured, his representatives and the
physicians are deprived of their right of action, unless they prove that they
have been prevented from giving such notice for reasons deemed sufficient by
the judge or the court.
12.
Imurancc.—With the exception of the Crown, public corporations and
railways under the control of the Parliament of Canada, no one may engage
in the enterprises, operations or business mentioned in sections 2 and 3 of this
act, without having previously obtained from a fixed premium or a mutual
Insurance company, approved by the lieutenant governor in council, a policy
of insurance by which the insurer undertakes to perform the obligations im
TEXT OF LAWS— QUEBEC
667
posed upon the insured by this act, for any accidents of which his workmen or
employees may be the victims by reason of or in the course of their work.
Such a policy of insurance may, however, be replaced by a deposit, in the
offline of the minister of public works and labor, or of the corporations, persons,
or officers designated by order-in-council, of a surety-bond, a sum of money or
securities, or any other guarantee deemed sufficient to answer for the solvency
of the person making such deposit and for the payment of the rents, allowances,
and compensation for which he may be liable under this act.
The persons who fail to comply with the obligation imposed upon them by
this section shall be liable to a line of not less than $500 and not more than
$1,000, payable to the Crown, and recoverable in the usual manner with costs;
and, in default of paying the line imposed and the costs, the person in default,
and, in the case of a corporation, the president and manager thereof, shall be
liable to an imprisonment of not less than eight days and not more than 30
days.
The fine and imprisonment may be repeatedly imposed until the party in
default has complied with the provisions of this section.
13. Discharge of employer.—The debtor may at any time free himself from
the duty of effecting the rental payments for which he is liable, by paying
the capital of such rents to an insurance company, approved by the lieutenant
governor in council, which shall in his place undertake the duty of effecting the
rental payments at a rate fixed by order in council.
When the capital of the rents does not exceed $500, it shall be paid over
to the injured person or to his representatives, and the payment of such
capital shall free the debtor from the duty of effecting the rental payments.
14. Deductions from wages.—1. It is forbidden for employers, or owners of
industries and enterprises to make any retention of any part of the salary or
wages of their workmen or employees for purposes of iusurance against
accidents happening by reason of or in the course of their work, even with
the consent of such workmen or employees.
2. Any agreement under which such a retention is made or authorized shall
be null and of no effect.
3. In any case where such retention is made, the workman, apprentice, or
employee, in the three months following the termination of his contract of
employment, may recover, before any court of competent jurisdiction, the
amount so unlawfully withheld from his salary or wages.
Subsections 1, 2, and 3 of this section shall not apply to employees who, indi
vidually and in good faith, take out supplementary policies of insurance and
who give written orders to their employers to pay the premiums out of their
wages or salaries.
D iv is io n II.—L ia b il it y
35.
Third-party liability.—Apart from rhe action granted under this act, the
injured person or his representatives shall retain, against the authors of the
accident, other than the employer, his servants or agents, the right to claim
compensation for the damage caused, in accordance with the rules of com
mon law.
The compensation granted them shall free fo that extent the employer and
the owner of the industry or enterprise from the obligations put upon them.
Such action against the third parties responsible may even be exercised by
the employer and the owner of the industry or enterprise, at their own risk,
in the place and stead of tbe injured person or his representatives, if such
injured person or representatives neglect to avail themselves of it, within a
delay of 15 days, after being put in default in writing.
16. Remedy exclusive.—Damages resulting from accidents happening by
reason of or in the course of the work shall only entitle, as against the em
ployer and the owner of the industry or enterprise, the injured person or his
representatives in the cases provided f6r in this act to the compensation which
it fixes
17. Medical examinations.—The injured person shall be bound, not oftener
than once a month, at the expense of the employer, if the latter requires him
so to do, in writing, to submit to an examination by a practicing physician
chosen and paid by the employer, and if he refuses to submit to such
examination or opposes the same in any way his right to rents, allowances,
and compensation as well as any remedy to enforce the same shall be sus
pended until the examination takes place.
1965°— 26-------43
668
w o r k m e n ’s
COMPENSATION LAWS— CANADA
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.
18.
Waiver*.—Every agreement contrary to tbe provisions of this act shall
be absolutely null.
D iv is io n III. — P rocedure
10. Jurisdiction of courts.—The superior court, the circuit court, and the
magistrate’s court shall have jurisdiction in every action or contestation in
virtue of this act, in accordance with the jurisdiction given to them, respec
tively, by the Code of Civil Procedure.
20. Procedure by petition.—The fixing and recovery of the rents, allowances,
and compensation under this act shall be effected, notwithstanding article
117 of the Code of Civil Procedure, by a summary petition to one of the judges
of the court of competent jurisdiction, whereof notice must be given to the
adverse party at least six clear days before its presentation.
The judge before whom the parties appear shall have the widest powers
respecting the fixing of the compensation provided by this act, the summoning
or witnesses and of any experts, as well as the taxation of ail costs and the
general conducting of the inquiry, and he may in particular:
(a)
If he considers that no rights are prejudiced, render judgment imme
diately; or
< b) Adjourn the case to a date which shall not be dislant more than 15 days
and shall then proceed, in or out of term, to hear and decide the matter
summarily, and without having the evidence of witnesses taken in writing; or
(r) At the request of any party, if he considers that the ends of justice will
be better served, refer the case to the superior court and order the issue of a
writ in the usual manner. The proceedings on such writ are summary and
subject to the provisions of the code of civil procedure respecting summary
matters.
In any case, no more than one expert witness may be produced on each side,
on the initiative of the parties.
Decisions rendered by the judge in virtue of the foregoing provisions shall
have the same effect as a judgment of the court.
The defendant, unless he wishes to invoke questions of law and special facts,
is not obliged to plead in writing to tbe petition, all the allegations whereof
he is deemed to have denied.
One of the parties in all cases may exact the takiug of the evidence in short
hand, but the expense thereof shall be borne by him.
Settlements, arrangements, compromises, and payments effected without the
sanction of the judge or of the court, saving the case of subsection 2 of sec
tion 5 and the cases of section 6, are null de jure.
21. Fees.—The advocates and attorneys representing the injured person or
his representatives shall be entitled, as well in appeal as in the court of first
instance, to the taxable costs only, adjudged against the opposing party; they
can not receive from their clients any retainer nor any fee or commission what
ever, either directly or indirectly, arising out of the application of this act,
under pain of being guilty of contempt of court. They shail in addition l>e
obliged to return all sums collected contrary to this prohibition.
22. Same.—Shall be null de jure and of no effect; all obligations contracted
by the injured person or his representatives to remunerate the services of an
intermediary who undertakes to secure to the said injured person or to his
representatives the benefit of the provisions of this act
Sums paid contrary to this provision may be recovered before any court of
competent jurisdiction.
23. Appeal.—Whenever the amount in dispute exceeds $200. a final appeal
shall lie, as to the question of law only, to the court of king's bench, before
five judges, from judgments of the judge *or of the court of first instance.
The appeal shall be taken within 15 days from the rendering of such judg
ment ; such appeal shall be heard, with precedence over other cases, at the first
sitting of tbe court after the inscription and without a printed factum or
record.
24. Provisional weekly allowance,—The court of first instance or a judge
of such court may, upon petition, at any stage of the case, whether before
judgment or while an appeal is pending, grant a provisional weekly allowance
to the person injured or to his representatives.
TEXT OF LAWS— YUKON TERRITORY
669
25. No trial by jury.—There shall, even in the cases provided for in sec
tion 29 here below, be no trial by jury in any action taken in virtue of this act
26. Limitation.—The petition to recover any compensation provided for under
this act shall, as against all persons, be subject to a prescription of one year
from the date of the accident.
27. Revision.—A petition to revise tlie amount of the compensation, based
on the alleged aggravation or diminution of the disability of the person
injured or upon his death as the result of the accident, may be taken during
the two years next after the date of the final judgment.
28. Common-1aw rights.—This act shall not do away with any of the commoa-law rights of action belonging to any persons who can not avail themselves
of its provisions.
20.
Actiom begun under act.—Cases begun under this act may. if it be
afterwards established that its provisions do not apply in the circumstances, be
continued and adjudged as an ordinary action at common law, provided that
the petition be so drawn up to permit thereof: and, for such purpose, the judge
or the court may allow all lawful amendments.
80.
Workmen outside Province.—Workmen, apprentices, and employees who
art* engaged in this Province to go and work outside, or their representatives,
shall not be entitled to the benefits of this act if they are entitled to the com
pensation provided for under the law of the place where the accident occurred.
HI. Employers not covered.—Employers to whom this act does not apply may
place themselves under its provisions, if they enter into a written agreement
for such purpose with their apprentices, workmen, and employees individually.
During the period agreed upon, the respective legal rights and obligations of
the signatories of the said agreement with regard to accidents happening by
reason of or in the course of the work shall be governed by these provisions to
the exclusion of any other law.
82. Application of act.—This act shall not apply to cases begun before the
dale of the coming into force of this act, nor to accidents which happened
before such date.
83. Repeals.—Chapters 274 and 275 of the Revised Statutes, 1.925, are re
pealed.
34. Act in effect.—This act shall come into force on the 1st day of April,
1927.
Assented to March 24, 1926.
YUK ON TERRITORY
ORDINANCES OF 1917
C
h apter
1.—Compensation of workmen for injuries
S e c t i o n 1. Title.—This ordinance may be cited as “ The workmen’s compen
sation ordinance.’*
Sec. 2. Definition.— (1) In this ordinance—
(а ) “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.
(б) “ Construction** shall include reconstruction, repair, alteration, and de
molition.
(c)
“ Dependents '* shall mean such of the members of the family of a work
man 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.
(<f) “ 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.
i f) “ Industry ** shall include establishment, undertaking, trade, and busiuesa.
(g) “ Judge ” shall mean a judge of the territorial court.
670
WOBKMEN’s COMPENSATION LAWS-----CANADA
(ft) “ 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 stool 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.
(/) “ Mine” includes properties to which the “ coal-mining regulations” and
amendments thereto or the 44quartz-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, re
paired, 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.
(lc) 44Workman ” 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 out
worker 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.
(2)
The exercise and performance of the powers and duties of (a) a mu
nicipal corporation: (&) 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.
S e c . 3. Less than five employees.—Where less than five workmen are em
ployed in the same general employment the employer shall be relieved from all
liability under this ordinance.
S e c . 4. Compensation, payable, when.— (1) When in any employment to
which this ordinance applies personal injury by accident arising out of and
in the course of the employment 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 workman for a
period 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
conduct or intoxication of the workman.
(2) Where the accident arose out of the employment, unless the 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 computed and
be payable from the date of the disability.
Sec. 5. Suits.—When the injury was caused by the personal negligence or
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 independently thereof; but the employer
shall not be liable to pay compensation for injury to a workman both inde
pendently of and also under this ordinance, and shall not be liable to any pro
ceedings independently of this ordinance, except in the case of such personal
negligence or willful act as aforesaid.
S e c . 6. Disputes.— [Questions as to liability, amount, term, beneficiaries, or
apportionment of benefits, if not settled by agreement, are to be settled by a
judge of the territorial court.]
S e c . 7. Wrong remedy.— [If an action for damages is brought within the
period fixed for taking proceedings under this ordinance, and it is determined
that the remedy was under this ordinance, the suit will be dismissed; but if
the plaintiff shall so choose, the court in which the action was brought shall
make an award of compensation under this ordinance, with liberty to deduct
therefrom any costs caused by the bringing of the action. In such cases the
court gives a certificate stating the amount, distribution, etc., of the benefits,
the same to have the effect of a judgment or award under this ordinance.]
S e c . 8 . Notice and elaim.— [Notice must be given as soon as practicable, and
claim made within six months and action commenced within nine months of
an injury or death; but no defect or inaccuracy will relieve the employer if it
is found that he was not prejudiced thereby, or that it was occasioned by mis
TEXT OP LAWS— YUKON TERRITORY
671
take or other reasonable cause, or that the facts were known to the employer
or an agent or representative. Notice is to be in ordinary language; service
may be personal or by registered mail, addressed to the employer, or one of
several employers.]
Sec. 9. Separate actions.— [If separate actions are brought by two or more
persons claiming to be beneficiaries under this ordinance, such actions may be
consolidated and tried as one, either on application of any party or on direction
of the judge.]
S kc . 10. Contractors.— [Contractors letting work to subcontractors are liable
to the employees of the latter except as to accidents occurring elsewhere than
on the premises on which the contractor undertook to do the work or which
are otherwise under his control.]
Sec. 11. Preference.— [Awards are a first charge on any sum payable to an
employer by insurers in respect of the amount payable to any workman on
account of an injury, and the judge may direct the insurers to pay such sum
into a chartered bank in the name of the clerk of the court, to be applied in
accordance with the terms of this ordinance.]
Sec. 12. Third-party liability.— [Where a third party is liable for the injury
the injured workman may, at his option, proceed against such party or against
his employer, but not against both. If compensation is claimed, the employer
is entitled to be indemnified by the third person.]
S e c . 13. Contractors not employees.—No contractor or subcontractor shall
be entitled to receive compensation under this ordinance, but shall be deemed
to be an employer.
Sec. 14. Assignments, etc.—No claim for compensation due under this ordi
nance shall be assignable, and all compensation due hereunder shall be exempt
from execution, garnishee, and attachment.
Sec. 15. Waivers.—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.
Sec. 16. Defenses barred.—It shall not be a defense to a claim under this
ordinance that the workman assumed the risk of the employment or that the
injury or death was approximately caused by the contributory negligence of
the workman.
F ir s t S c h e d u le
S e c t io n 1. Death.—The amount of compensation under this ordinance shall
lie- ~
(a) In the event of the death of a workman resulting from injury his
dependents shall be entitled to receive the sum of $2,500.
(b) Where a workman leaves no dependents, such sum for the expenses of
his burial, medical attendance, nursing, care, and maintenance shall be paid by
the employer to the persons to whom such expenses are due, but not exceeding
in all the sum of $500: Provided, That the burial expenses, not exceeding the
sum of $150, shall be a first charge on the said amount.
Sec. 2. Total disability.—When a workman receives an injury arising out of
and in 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 $3,000.
Sec. 3. Partial disability.—When a workman receives an injury arising out
of or in the course of his employment, resulting in his partial disability, he
shall be paid in accordance with the following schedule:
For the loss of a thumb, $500.
For the loss of an index finger, $300.
For the loss of any finger other than the index finger or thumb, $200.
For the loss of a great toe, $300.
For the loss of any other toe than the great toe, $150.
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, $1,500.
For the loss of an arm. $2,000.
For the loss of a foot, $1,500.
For the loss of a leg, $2,000.
672
w o r k m e n ’s co m p en sa tio n la w s — oanada
For the loss of an eye, $1,500.
For the loss of an ear, $250.
For the loss of the nose, $600.
Sec. 4. Temporary disability.—For other injuries causing temporary disa
bility the employer shall pay to the workman weekly during the period of such
disability, 50 per cent of his daily average wages. Provided, hoivever, That
the period for tlie 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 com
pensation for temporary disability, the amount so paid him shall be deducted
from the amount to which he shall he entitled under such provision in this
schedule.
Sec. 5. Lo*k of both hand*, etc.—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
ordinance with reference to total and permanent disability.
S ec . 6 . Amputation.— A m p u ta tio n b e tw een th e e lb o w a n d th e w r is t s h a ll b e
c o n sid e re d e q u iv a le n t to th e lo ss o f a h a n d , an d a m p u ta tio n betw eeu th e k n e e
a n d th e a n k le s h a ll be c o n sid e re d e q u iv a le n t to th e lo ss o f a fo o l.
S e c . 7. Disabilities not in schedule.—Whenever such workman receives an in
jury arising out of, and in the course of employment, as a result of which he
is partially disabled, and the disability so received is such as to b<j 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 entitled 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 $3,000.
Sec. 8. Same.—To illustrate: If said workman were of a class that would
entitle him to $3,000 under this schedule if he were totally and permanently
disabled and his injury would be such as to reduce his earning capacity 25
per cent, he would be entitled to receive $750, it being the amount that bears
the same relation to $3,000 that 25 per cent does to 100 per cent. Should such
workman receive an injury that would impair his earning capacity 75 per cent
he would be entitled to receive $2,250, it being the amount that bears the same
relation to $3,000 that 75 per cent does to 100 per cent.
S e c . 9. Higher rates, when.—If an injured workman entitled to compensa
tion hereunder 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: Providedt however,
That no compensation under such increased rate shall be paid unless the dis
ability entitling the workman thereto shall develop within two years after the
injury.
Sec. 10. Settlements.—At any time subsequent to tho 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 satisfac
tion 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.
Sec. 11. Medical examinations; refusing treatment.— (1) Where a workman
has given notice of an accident he 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 obstructs the same, his right to compensation and any proceeding
under this ordinance in relatiou to compensation shall be suspended until such
examination takes place.
(2)
No compensation shall be payable in resgiect of the death or 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 medi
cal 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.
TEXT OF LAWS— DOMfNION OF CANADA
673
Sec. 12. Payments in case of death.—The payment shall, in ease of death,
be made to the legal 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
10 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.
Sec. 13. Dependents.—Aliy 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.
S e c . 14. Investments.—The sum allotted as compensation to a dependent
may be invested or otherwise applied for the benefit of the person eutitled
thereto, as agreed or as ordered by the judge.
Sec. 15. Deposits in bank.—Any sum which is ordered by the judge or is
agreed to be invested may be invested in whole or in part in the savings depart
ment in any chartered bank in Canada by the clerk of the territorial court in
his name as such clerk and trustee.
Sec. 16. Medical examination#.— [Workmen receiving benefits must submit to
medical examination by a physician provided by the employer or insurer; or, if
such physician is objected to or the certificate is unsatisfactory, a workman
may submit to an examination by a practitioner appointed by the judge, whose
certificate shall be final as to the employee's condition. Refusal or obstruction
of examination suspends payments.]
S e c . 17. Review.—[Weekly payments may be reviewed at the request of
either party and modified according to existing conditions. In the absence of
agreement questions in dispute are to be settled by the judge.]
Sec. 18. Assignments, etc.—[Unless with the approval of a judge, no benefit
may be assigned or attached, nor may payments pass by operation of law
except to a personal representative, nor may not set-off be made against
the same.]
Sec. 19. Comity.— [Nonresident dependents receive no benefits unless by the
law of the place of residence dependents of residents of the Territory would l>e
entitled to benefits if resident therein; and in any case not more shall be paid
than the amount payable in like case under the law of the place of residence.]
Second Schedule
Sections 1-7. Procedure.— [In cases of dispute, a judge, on application In
writing, will fix a date for hearing evidence and notify the parties, and after such
investigation as he deems necessary will render a decision which shall be final
and conclusive. The clerk is to prepare the necessary papers, the fee for
which is to be nominal; costs may be awarded as the judge deems reasonable.
An order when entered by the clerk may be enforced as a judgment. A special
register of proceedings under the ordinance is to be kept. Proceedings are to
be nontechnical, and rights are to be determined without pleadings or formality
except as the judge may deem necessary for the proper conduct of the matters
in hand.]
DOMINION OF CANADA
ACTS OF 1918
C h apter
15.—Compensation of workmen for injuries1
1.
(1) Law of place of injury.—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 dependent 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 courts as the governor in council shall from time to time direct.
(2)
Payments, made, to whom.—Any compensation awarded to any employee
or the dependents of any deceased employee of His Majesty by any board,
1 As last amended 1925.
674
WORKMEN *S COMPENSATION LAWS— CANADA
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 between
private parties is conferred by the law of the Province where the accident
occurred.
(3)
Payments from consolidated revenue fund.—Any compensation or costs
awarded hereunder may be paid by the minister of finance out of any unappro
priated moneys in the consolidated revenue fund of Canada; or the minister of
finance may from time to time take such amount of money as may be authorized
by the governor in council from the consoldiated revenue fund and deposit such
money with the board, officers, authority, or court authorized by the law
of any Province to determine compensation cases, from which deposit such
board, officers, authority, or court may pay any compensation and costs awarded*
under the provisions of this act. In any Province where the general adminis
tration expenses of maintaining such board, officers, or other authority or
court are paid by the Province or by contributions from employers, or by
both, the minister of finance may pay, out of any unappropriated money in
the consolidated revenue fund of Canada, such portion of such expenses as is
fair and reasonable and is authorized by the governor in council.
2. Regulations.—The governor in council may make regulations as to the
title of the defendant and the effecting of service of process in proceedings
under this act.
3. Medical, etc., aid.—For the purposes of this act the term “ compensation ”
shall be deemed to include medical and hospital expenses. This section shall
be deemed to have come into operation on the 24th day of May, 1919.
INDEX
Abrogation of defenses. (See Defenses.)
Accident boards. (SeeCommissions, admin
istrative.)
Accidents, notice and claim for:
1 a&e
Alabama.................................................
82
Alaska.................................................... 89.90
Alberta................................................ 601,602
Arizona................................................... 103
British Columbia...................................
616
California...................................... 110,111,113
Colorado................................................. 132
Connecticut......................................... 138,143
Delaware............................................. 150,151
Georgia................................................... 159
Hawaii.................................................... 170
Idaho...................................................... 179
Illinois....................................................
195
Indiana................................................... 199
Iowa......................................................
208
Kansas.................................................... 223
Kentucky............................................232,233
Louisiana............................................. 245,246
Maine.................................................. 254,256
Manitoba...............................................
620
Maryland............................................... 267
Massachusetts..................................... 276,277
Michigan................................................ 284
Minnesota.............................................. 296
Missouri.................................................
315
Montana....................................... 324,327,333
Nebraska................................................ 341
Nevada................................................... 351
New Brunswick.................................. 632,635
New Hampshire..................................... 355
New Jersey.......................................... 363-365
New Mexico........................................ 371,372
New York........................................... 385-387
North Dakota......................................... 398
Nova Scotia............................................ 641
Ohio.......................................................
406
Oklahoma............................................... 419
Ontario..................................................
652
Oregon................................. .................. 436
Pennsylvania.......................................... 445
Porto Rico.............................................. 455
Quebec.................................................... 666
Rhode Island....................................... 461-463
South Dakota......................................... 467
Tennessee............................................... 477
Texas...................................................... 493
Utah....................................................... 506
Vermont................................................. 513
Virginia..................................................
518
Washington............................................ 538
West Virginia......................................... 548
Wisconsin...............................................
562
Wyoming...............................................
568
Yukon Territory................................. 670,671
United States.......................................... 578
Accidents, reports of:
Alabama.................................................83,84
Alberta...................................................
C00
Arizona............................................... 102,103
British Columbia...................................
616
California...............................................
119
Colorado.............................................. 124,132
Connecticut............................................
141
Delaware................................................
152
Georgia................................................... 164
Hawaii.................................................... 172
Idaho......................................................
183
Illinois....................................................
195
Indiana................................................... 204
Iowa....................................................... 214
Kentucky............................................ 234,235
Maine.................................................. 256,257
Manitoba...............................................
620
Accidents, reports of—Continued.
Maryland...............................................
260
Massachusetts...................................... 273,274
Michigan................................................
286
Minnesota..............................................
298
Missouri.................................................
315
Montana................................................. 327
342
Nebraska................................................
Nevada................................................... 351
New Brunswick...................................... 635
New Jersey......................: .....................
367
New York......................_•..................... . 391
North Dakota......................................... 398
Nova Scotia............................................
645
Ohio.......................................................
412
Oklahoma...............................................
421
Ontario................................................... 659
Oregon................................................. 436,438
Pennsylvania.......................................... 448
Porto Rico.............................................. 455
Quebec.................................................... 666
Rhode Island.......................................... 464
South Dakota......................................... 473
Tennessee......................................................
485
Texas................................................... 493,494
Utah....................................................... 506
Vermont.................................................
514
Virginia..................................................
524
Washington...................... ..................... 538
Wisconsin...............................................
565
Wyoming...............................................
568
United States.........................................
579
Summary as to...................................... 70,71
Administration, methods of..........................
70
Administrative boards. (See Commissions,
administrative.)
Age to be considered in making awards:
Alberta...................................................
605
British Columbia.................................... 613
California............................................ 109,112
Colorado.............................................. 125,131
Kentucky............................................... 231
Manitoba...............................................
620
Maryland............................................... 268
Massachusetts......................................... 277
Missouri.................................................
314
Nevada................................................... 350
New Brunswick...................................... 629
Now York............................................... 382
North Dakota...................................... 394,395
Nova Scotia............................................ 645
Ohio........................................................ 410
Oklahoma............................................... 417
Ontario................................................... 652
South Dakota......................................... 471
Texas...................................................... 492
Utah......................................................
505
Wisconsin............................................ 559,561
United States.........................................
575
(SeealsoMinors, status, etc., of.)
Agreements:
Alabama.................................................
75
Alaska.....................................................
89
California............................................ 114 ,115
Connecticut............................................
141
Delaware................................................. 150
Georgia...................................................
158
Hawaii................................................. 170,171
Idaho................................................... 179,180
Illinois....................................................
194
Indiana................................................ 203,204
Iowa.................................................... 213,214
Kansas................................................. 221,223
Kentucky............................................... 234
Louisiana................................................ 245
Maine..................................................... 256
Massachusetts......................................... 273
675
676
INDEX
Agreements—Continued.
Pa*e
Michigan............................................. 285,28(1
Missouri.................................................
315
Nebraska............................................. 341,342
New Hampshire.....................................
356
New Jersey............................................. 363
Oklahoma............................................... 419
Ontario................................................... 652
Pennsylvania.......................................446,447
Quebec.................................................... 668
Rhode Island.......................................... 402
South Dakota......................................... 472
Tennessee............................................... 478
Texas...................................................491.402
Vormont................................................. 513
Virginia.................................................. 523
Wisconsin............................................... 562
Yukon Territory..................................... 672
Agriculture, exclusion of................................
62
Alabama:
Analysis of law of....................................
12
Text of law of..........................................73-85
Analysis of law of....................................
13
Text of law o f ....................................... 86-9L
Alaskan Railway, law relating to.............. 581,582
Albertai
Analysis of law of....................................
586
Text of law of...................................... 598-608
Alien beneficiaries, nonresident:
Alabama.................................................
82
87
Alaska....................................................
Alberta.................................................... 601
Arizona................................................. 99,102
British Columbia.................................... 612
Colorado................................................. 128
Connecticut............................................
139
Delaware................................................. 151
Georgia...................................................
162
Hawaii.................................................... 167
Idaho............. i ......................................
176
Iow a.................................................. 209,212
Kansas.................................................... 220
Kentucky............................................... 232
Maine.....................................................
250
Manitoba................................................ 619
Maryland............................................... 266
Michigan................................................
282
Minnesota............................................... 296
Montana............................................. 323-325
Nebraska................................................
339
Nevada .............................................. 348.350
New Brunswick...................................631,636
New Mexico............................................ 375
New York............................................... 385
Nova Scotia............................................ 641
Ohio....................................................... 413
Oklahoma............................................... 419
Ontario................................................... 651
Oregon.................................................... 436
Pennsylvania.......................................... 445
South Dakota......................................... 468
Tennessee............................................ 482.483
Teyas.....................................................
492
Utah....................................................... 504
Virginia..................................................
521
Washington............................................ 538
West Virginia......................................... 548
Wisconsin............................................... 503
Wyoming............................................ 568,572
Yukon Territory..................................... 673
Summary as to....................................... 71,72
Amount of compensation:
Alabama................................................. 75-81
Alaska.................................................... 86-88
Alberta.................................................602-605
Arizona................................................. 98-101
British Columbia.................................611-613
California............................................ 107-110
Colorado..............................................126-132
Connecticut......................................... 139,140
Delaware..............................................147-150
Georgia................................................ 160-162
Hawaii.................................................166,167
Idaho................................................... 175-178
Illinois................................................. 187-192
Indiana................................................200-202
Iowa.................................................... 209,210
Kansas................................................. 220-222
Amount of compensation—Continued.
Kentucky............................................ 229-233
Louisiana............................................. 241-244
Maine.................................................. 252-255
Manitoba............................................. 622-624
Maryland......................... .................. 264-266
Massachusetts...................................... 275,276
Michigan............................................. 280-282
Minnesota........................................... 290-295
Missouri.............................................. 310-312
Montana..............................................325-327
Nebraska.............................. ............... 337-339
Nevada.......................................... 347-350,352
New Brunswick................................... 632,633
New Hampshire...................................... 356
New Jersey.......................................... 359-362
New Mexico......................................... 372-374
New York............................................ 383-385
North Dakota...................................... 394,395
Nova Scotia......................................... 643-645
Ohio.................................................... 408-410
Oklahoma............................................ 417-419
Ontario................................................ 653-655
Oregon................................................. 430-432
Pennsylvania....................................... 442-444
Philippine Islands................................... 450
Porto Rico........................................... 45M 53
Quebec................................................. 664,665
Rhode Island....................................... 459-461
South Dakota...................................... 467-470
Tennessee............................................ 478-482
Texas................................................... 487-489
Utah................................................... 501-504
Vermont.............................................. 509-512
Virginia............................................... 519-522
Washington......................................... 533-537
West Virginia...................................... 544-547
Wisconsin............................................ 554-560
Wyoming............................................. 569-572
Yukon Territory................................. 671,672
United States...................................... 575-577
(See also Schedule rates.)
Analysis of Canadian laws. (Seeunder name
of Province.)
Analysis of State laws. (See under name of
State.)
Appeals. (SeeSuits.)
Arizona:
Analysis of law of....................................
14
Provision of constitution of.....................
92
Text of law of........................................ 92-104
Assignments, attachments, etc.:
Alabama............................................ 73,82,83
Alaska.....................................................90,91
Alberta................................................... 602
Arizona............................. .................... 98,102
British Columbia................................. 611,616
California............................................. 114-116
Colorado................................. 123,124,132,133
Connecticut......................................... 142; 143
Delaware..............................................151,153
Georgia................................................ 158,159
Hawaii.................................................... 171
Idaho................................................... 180,181
Illinois................................................. 194,195
Indiana................................................... 199
Kansas.................................................... 223
Kentucky...............................................
233
Louisiana................................................ 245
Maine.....................................................
255
Manitoba............................................. 620,625
Maryland............................................ 259,268
Massachusetts......................................... 277
Michigan.............................................. 284,286
Minnesota............................................ 296,297
Missouri.................................................. 314
Montana................................................. 327
Nebraska............................................. 342,343
Nevada................................................... 350
New Brunswick...................................... 632
New Hampshire............................. 354,355,357
New Jersey.............................................. 364
New York..................................... 387,389,390
North Dakota...................................... 397,398
Nova Scotia......................................... 641,647
Ohio.............................................. 406,407,410
Oklahoma................................................ 420
Ontario................................................... 652
Oregon..............................................
INDEX
Assignments, attachments, etc.—Contd.
^*8*
Pennsylvania.......................................... 445
Porto Rico........................................... 455-457
Quobcc.................................................... 066
Rhode Island....................................... 462,403
South Dakota......................................... 4^57
Tennessee............................................... 477
Texas...................................................... 486
Utah............................................. 499,501,505
Vermont................................................. 514
Virginia.................................................. 518
Washington......................................... 537,538
West Virginia......................................... 548
Wisconsin............................................... 563
Wyoming............................................ 572-573
Yukon Territory................................. 671,673
United States.........................................
579
Attachments. (See Assignments, etc.)
Attorney's fees:
Alabama............................................... .
74
111
California...............................................
Colorado................................................. 133
Connecticut............................................ 143
Delaware................................................
153
Georgia................................................... 164
Hawaii.................................................... 171
Idaho.....................................................
180
Illinois.................................................... 193
Indiana................................................... 204
Iowa....................................................... 215
Kansas.................................................. . 224
Kentucky............................................... 234
Louisiana................................................ 245
Maryland............................................. . 269
Massachusetts......................................... 273
Michigan................................................ 285
Minnesota.............................................. 3(H)
Missouri................................................. 314
Nebraska.............................................. . 335
New Hampshire..................................... 357
New Jersey............................................. 363
New Mexico........................................... 375
New York............................................... 386
North Dakota......................................... 398
Ohio....................................................... 411
Oklahoma............................................... 419
Pennsylvania......................................... 447
Porto Rico.............................................. 457
Quebec.................................................... 668
Rhode Island.......................................... 459
South Dakota...................................... 472,473
Tennessee............................................... 482
Texas...................................................... 487
Utah....................................................... 505
Vermont................................................. 514
Virginia..................................................
523
Washington............................................ 540
548
West Virginia.........................................
Wisconsin................................................ 563
Wyoming................................................ 572
Average weekly wages. (See Earnings, de
termination of, as basis of awards.)
Awards, amount of. (See Amount of com
pensation.)
Awards, determination of:
Alabama................................................. 82,83
Alaska.....................................................
90
Alberta...................................................
602
Arizona................................................103,104
British Columbia.................................... 616
California............................................ 119,120
Colorado.............................................. 133,134
Connecticut...................................141,142,144
Delaware............................................. 150,151
Georgia................................................ 163,164
Hawaii.................................................170-172
Idaho...................................................... 180
Illinois................................................. 193,194
Indiana................................................ 203,204
Iowa.................................................... 214,215
Kansas.............. ......................... .
223.224
Kentucky............................................ 232,234
Louisiana................................................ 245
Maine..................................................... 256
Manitoba............................. .................. 620
Maryland............................._• 258,267,288,270
Massachusetts..................................... 273,277
Michigan................................................
285
Minnesota........................................... 298-300
677
Awards, determination of—Continued.
Missouri............................................... 315,319
Montana.............................................. 327,328
Nebraska............................................. 341,342
Nevada................................................ 346,351
New Brunswick...................................... 632
New Hampshire...................................... 350
New Jersey.................................... 363,366,367
New Mexico........................................ 371,372
New York..................................... 385,386,392
North Dakota......................................... 398
Nova Scotia............................................ 645
Ohio.....................................................410-412
Oklahoma............................................ 419-421
Ontario..........................................657,660,661
Oregon.......................................... 134.430,437
Pennsylvania....................................... 445,446
Porto Rico.............................................. 455
Quebec.................................................... 668
Rhode Island....................................... 462,403
South Dakota.........................................
472
Tennessee............................................ 482,483
Texas................................................... 490.491
Utah.................................................... 505,506
Vermont........................................5u8.513.514
Virginia............................................... 522.523
Washington................................... 537.538,540
West Virginia...................................... 548,550
Wisconisn............................................ 562,563
Wyoming............................................ r,f8,569
Yukon Territory.................................. 670HJ73
United States...................................... 580,581
(SeealsoAgreements.)
Awards payable to henettcuries dyiug. etc.,
during compensation pet iod:
Alabama................................................. 77-80
Alberta...................................................
603
Arizona................................................... 98,99
British Columbia.................................... 612
California............................................ 109.113
Colorado................................................. 126
Connecticut............................................
139
Dolaware............................................. 149,150
Georgia...................................................
162
Hawaii.................................................... 167
Idaho................................................... 17.». 176
Illinois........................................... 187.188.191
Indiana................................................ 201,202
Iowa.................................................... 209.212
Kansas................................................ 220.221
Kentucky............................................ 229,230
1 Louisiana............................................. 242.243
Maine..................................................... 253
Manitoba................................................ 622
Maryland............................................ 266,267
Massachusetts........................................ 275
Michigan............................................. 281,283
Minnesota........................................... 293.294
Missouri.................................................
312
Montana..............................................323.324
Nebraska................................................ 339
Nevada................................................ 348,350
New Brunswick...................................... 033
New Hampshire..................................... 357
New Jersey............................................. 361
New Mexico...........................................
370
New York..................................... 385,387,388
North Dakota...................................... 305,396
Nova Scotia............................................ 644
Ohio.................................................... 409.410
Ontario................................................ 654,655
Oregon................................................. 430-432
Pennsylvania....................................... 443,444
Quebec.................................................... 665
Rhode Island..................................... .
459
South Dakota................................ 467.468.470
Tennessee............................................ 480-482
Texas...................................................... 483
Utah.................................................... 503,504
Vermont.............................................. 507.510
Virginia................................................... 521
Washington................................... 533,534,533
West Virginia.........................................
547
Wisconsin...............................................
555
Wyoming................................................ 571
United States...................................... 576,577
Awards payable to State when no toneticiary:
Massachusetts..................................... 276,278
New York............................................... 384
Wisconsin...............................................
559
678
INDEX
Pace
Pace
Commissions, administrative—Cont inued.
Awards, preference, etc., of. {See Assign
British
Columbia.................................616,617
ments, etc.)
. .....
California.............................................105,106
Awards, schedule of, for specific disabilities.
Colorado.............................................. 121,124
{SeeSchedule.)
Connecticut............................................. 141
Beneficiaries, who are:
Delaware..............................................151,152
Alabama................................................. 78,79
Georgia................................................ 163,164
Alaska.....................................................86,89
Hawaii.................................................
170,171
Alberta.................................................898,899
Idaho......................................................
179
Arizona................................................ 101,102
Illinois..................................................... 193
British Columbia.................................008,609
Indiana................................................ 203,204
California................................... -....... 112,113
Iowa........................................................ 214
Colorado............................................126,127
Kentucky...................................... 233,234,236
Connecticut............................................
139
Maine................................................... 255,256
Delaware................................................. 154
Manitoba................................................ 624
Georgia...................................................
162
Maryland...............................................
258
Hawaii.................................................... 167
Massachusetts__*................................ 272,273
Idaho......................................................
175
Michigan............................................. 285,286
Illinois................................................. 187,191
Minnesota............................................... 305
Indiana................................................... 202
Missouri...............................................316,317
Iowa....................-.................................. 212
Montana................................................. 318
Kansas.................................................... 219
Nebraska................................................. 343
Kentucky............................................ 229.230
Nevada................................................... 346
Louisiana....................................... 242,243.247
New Brunswick...................................... 632
Maine..................................................... 250
New Hampshire................................... 354,355
Manitoba................................................ 618
New Jersey.......................................... 366,367
Maryland............................................ 266,267
New York............................................... 392
Massachusetts............................... 272.275,276
North Dakota......................................... 396
Michigan............................................. 281,283
Nova Scotia............................................ 643
Minnesota..................................... 293,294,301
Ohio.............................................. 400-402,413
Missouri.............................................. 312.313
Montana.............................................. 322,323
Oklahoma............................................ 420,421
Ontario................................................ 656,657
Nebraska............................................. 339,340
Oregon.................................................... 423
Nevada................................................... 350
Pennsylvania................................. 440,446,449
New Brunswick................................... 629,630
Porto Rico........................................... 454,455
New Hampshire...................................... 356
Rhode Island.......................................... 464
New Jersey............................................. 361
New Mexico........................................ 370,371
South Dakota...................................... 472,473
New York............................................... 385
Tennessee............................................... 483
Texas................................................... 493,494
North Dakota...................................... 394,395
Nova Scotia......................................... 637,638
Utah.................................................... 497,506
Vermont................................................. 507
Ohio.................................................... 409,410
Virginia..................................................
623
Ontario................................................... 649
Washington............................................ 540
Oregon................................................. 425,426
West Virginia................................ 542,543,549
Pennsylvania— .................................... 443
Philippine Islands................................... 450.
Wisconsin............................................ 562,563
United States....................................... 579,580
Porto Rico........................................... 452,453
Quebec.................................................... 665 Commissions, investigative, list of States
Rhode Island.......................................... 460
having........................................................ 3,4
South Dakota...................................... 467,468 Commutation of payments. (SeePayments,
Tennessee............................................... 481
mode of.)
Texas..................................................... 487 Comparison of Canadian and United States
Utah.................................................... 503,504
laws......................................................... 583-585
Vermont.............................................. 508,510 Comparison of compensation and insurance
Virginia............................................... 521,522
systems:
Washington......................................... 526,527
Canada................................................ 594-597
West Virginia...................................... 547,548
United States..........................................60-72
Wisconsin............................................ 561,562 Compensation. {See Amount of compensa
Wyoming............................................. 567,568
tion.)
60
Yukon Territory.................................. 669,670 Compulsory system, list of States having___
United States.......................................... 577 Connecticut:
Analysis
of
law
of....................................
17
Benefits, scale of, summary as to.................. 65-70
Text of law of.......................................137-145
Benefits, amount of. {See Amount of com
Constitutions, provisions of:
pensation.)
Boards, administrative. (See Commissions,
92
Arizona...................................................
California................................................ 105
administrative.)
New York............................................... 377
British Columbia:
Analysis of law of.................................... 587
Ohio........................................................ 400
Text oflaw of....................................... 608-617
Pennsylvania.......................................... 440
Vermont.................................................. 507
California:
A mendment of constitution of................ 105
Wyoming...............................................
5C6
Analysis of law of....................................
15 Contractors and subcontructors, liability of:
Alabama.................................................
83
Text of law of.......................................105-120
Alaska.....................................................
89
Canada:
Compensation laws of.......................... 583-674
Alberta.................................................... 601
Arizona...................................................
94
Progress of legislation in.......................... 583
British Columbia.................................615,616
Text of Dominion law of...................... 673,674
California.............................................107,114
Canal Zone................................................. 581,582
Colorado................................................. 125
Chart map....................................................
11
Children. {See Age to be considered;
Connecticut............................................
138
Delaware................................................
153
Minors.)
Georgia...................................................
158
Claim, submission of. (See Accidents, no
tice and daim for, by employees.)
Idaho...................................................... 181
Illinois................................................. 195,196
Colorado:
Indiana................................................ 198,199
Analysis of law of....................................
16
Kansas.................................................... 217
Text oflaw of.......................................121-136
Kentucky..:........................................... 228
Commissions, administrative:
Louisiana............................................. 239-241
Alabama.................................................
85
Manitoba............................................. 620,625
Alberta.................................................... 599
Arizona................................................... 92,93
Maryland...............................................
269
INDEX
Page
Contractors, and subcontractors liability of—
Continued.
Massachusetts....................................... . 273
Michigan................................................ 280
Minnesota..............................................
297
Missouri.............................................. 308,309
Montana................................................. ■324
Nebraska................................................ 336
Nevada............................................... 345,346
New Brunswick...................................... 635
New Jersey............................................. 366
New Mexico........................................... 371
New York........................................... 380,390
Nova Scotia............................................ 647
Ohio....................................................... 402
Oklahoma............................................415,416
Ontario................................................... 051
Oregon.................................................... 425
Pennsylvania....................................... 440,441
Porto Rico.............................................. 457
Quebec.................................................... 666
South Dakota...................................... 466,467
Tennessee............................................ 476,477
Texas...................................................... 493
Utah....................................................... 498
Virginia...............................................517,518
Washington............................................ 539
Wisconsin............................................... 552
Yukon Territory....................................
671
Contract of employment, status of. (See
Election, mode of, etc.)
Contracts of waiver.
(See Substitute
schemes; Waivers.)
Contracts providing different benefits. (See
Substitute schemes.)
Contributions by employees:
Alabama.................................................
83
Alberta................................................... 501
British Columbia................................... 615
116
California...............................................
Connecticut............................................ 142
Delaware................................................
152
Georgia................................................... 165
Hawaii.................................................... 172
Idaho..................................................177,181
Illinois.................................................... 195
Iowa.................................................... 211,212
Kansas.................................................... 225
Kentucky............................................... 236
Louisiana...............................................
247
Manitoba.............................................. C20
Michigan................................................ 283
Minnesota..............................................
297
Missouri................................................. 814
Montana....................................... 324,325,327
Nebraska................................................ 341
Nevada................................................ 344,347
New Brunswick...................................... 632
New York............................................... 387
North Dakota......................................... 398
Nova Scotia............................................ 641
Ohio.......................................................
411
Oklahoma............................................... 420
Ontario................................................ 652,656
Oregon.................................................... 428
Porto Rico.............................................. 456
Quebec.................................................... 667
Rhode Island.......................................... 463
Tennessee............................................... 483
Texas...................................................... 491
Utah....................................................... 500
Vermont................................................. 514
Washington............................................ 541
Wisconsin............................................... 562
Courts, administration of law by:
Alabama.................................................75,82
Alaska....................................................
90
Kansas................................................. 223.224
Louisiana................................................ 245
New Hampshire.....................................
356
New Mexico........................................ 371,372
Quebec.................................................... 668
Rhode Island....................................... 462,463
Tennessee............................................... 482
Wyoming............................................ 568,569
Yukon Territory................................. 669,670
Courts, appeal to. (SeeSuits.)
Coverage, summary-as to. . ........................... 61-63
Coverage. (See. Employments and persons
included and excluded.)
679
Page
Death during receipt of benefits. (See
Awards payable, etc.)
Defenses, abrogation of:
Alabama.................................................
73
Alaska................................................... .
91
Arizona...................................................
97
Colorado................................................. 123
Connecticut............................................ 137
Delaware..............................................146,152
Georgia...................................................
158
Indiana................................................... 198
Iowa.................................................... 207,208
Kansas.................................................... 225
Kentucky............................................... 236
Louisiana................................................ 240
Maine..................................................... 251
Massachusetts......................................... 278
Michigan................................................
279
Minnesota............................................. . 289
Missouri................................................. 307
Montana................................................. 318
Nebraska................................................
335
Nevada................................................... 344
New Hampshire.....................................
354
New Jersey............................................. 358
New Mexico........................................... 369
New York.-;......................................... 381,382
North Dakota......................................... 397
Ohio.................................................... 406,407
Oklahoma............................................... 416
Oregon................................................... 426
Pennsylvania.......................................... 441
Porto Rico.............................................. 456
Rhode Island.......................................... 458
South Dakota......................................... 466
Tennessee............................................... 476
Texas...................................................... 486
Utah....................................................... 501
Vermont................................................. 508
Virginia............
............................ 517
West Virginia___...................................
544
Wisconsin............................................... 551
Yukon Territory..................................... 071
Delaware:
Analysis of law of...................................
18
Text of law of...................................... 146-155
Delinquent payments. (SeeSuits at law.)
Dependents. (See Beneficiaries, who are
partial, summary as to)..........................
Disability. (See Amount of compensation:
Schedule rates.)
Disease, occupational. (SeeOccupational dis
eases.)
Disputes. (SeeAwards.)
District of Columbia:
Analysis of law of.................................. .
19
Text of law of.......................................... 155
(Seealsounder United States.)
Domestic and farm labor...............................
62
Dominion of Canada. (SeeCanada.)
Earnings, determination of, as basis of
awards:
Alabama.................................................
78
Alberta................................................ 604,605
Arizona...................................................
98
Brisith Columbia................................... 613
California.............................................111,112
Colorado.............................................. 124,125
Connecticut........................................ 140,141
Delaware..............................................154,155
Georgia...................................................
156
Hawaii..................................... 167,169,170,173
Idaho............................................. 178,179,184
Illinois....................................................
192
Indiana................................................ 202,205
Iowa.......................................................
211
Kansas................................................. 222,223
Kentucky................................................ 232
Louisiana................................................ 244
Maine.................................................. 250,251
Manitoba................................................ 623
Maryland................................................ 270
Massachusetts......................................... 272
Michigan............................................. ... 283
Minnesota............................................ 300,301
Missouri.............................................. 313,314
Montana................................................. 322
Nebraska............................................. 337,340
680
IKDBX
Page
Earnings, determination of, as basis of
awards—Continued.
New Brunswick...................................... #29
Nevada................................................... 348
New Jersey.............................................
365
New Mexico........................................ *71.313
New York............................................ 382,38s
North Dakota................................303,804,800
Nova Scotia............................................ 645
Ohio........................................................ 410
Oklahoma............................................ 415.417
Ontario................................................... (*55
Oregon.................................................423.431
Pennsylvania....................................... 444.145
Porto Rico...........................................
151
Quebec;.................................................... m
llhode Island.......................................... 461
South Dakota................................ 471,473. 474
Tennessee............................................... 475
Texas...................................................404.4%
Utah.................................................... 504,505
Vermont........................................ 508,510,512
Virginia.................................................. 515
Washington............................................ 533
West Virginia......................................... 548
Wisconsin............................................MH561
United States.......................................... 577
Election, summary as to...............................
63
Election, mode of, etc.:
Alabama.................................................74,75
Alaska....................................................
91
Alberta................................................... 600
Arizona...................................................
#7
British Columbia................................ 000,610
California................................................ 120
Colorado.................................................
123
Connecticut............................................ 137
Delaware............................................. 146. 147
Georgia...................................................
l-»7
Illinois................................................. 185,180
Indiana...................................... ........ 197,108
Iowa........................................207,208,215.210
Kansas................................................ 218,225
Kentucky...................................... 226,235,236
Louisiana................................................ 240
Maine.................................................. 251,252
Maryland............................................ 2(3.264
Massachusetts......................................... 27-1
Michigan.... ........................................... 270
Minnesota..............................................
200
Missouri.............................................. 30(5.307
Montana..............................................310,320
Nebraska............................................. 335,33C.
Nvvada......................................... 344.352,353
New Brunswick...................................... 631
New Hampshire.................................. 354,355
New Joisej.......................................... 358.350
New Mexico........................................ 368.360
Now York............................................... 380
North Dakota......................................... 308
Nova Scotia.........................................030,640
Ohio........................................................ 40ft
Ontario................................................... <*50
Oregon........................................... 423,420,436
Pennsylvania.......................................... 441
Quebec...................................................
669
Rhode Island.......................................... 458
South Dakota......................................... 466
Tennessee.............................. ............. 475.476
Texas.......................-............................. 486
Vermont....... -........................................ 508
Virginia................................................... 516
Washington............................................
540
West Virginia...................................... 542,543
Wisconsin............................................ 552.554
Employee's fault. (SeeWillful misconduct.)
Employers, joint. (See Joint employers.)
Employment, public:
Alabama.................................................
74
Alberta................................................ 508,607
Arizona............................. .....................03,94
British Columbia................................. 608,614
California...................................... 100,107,118
Colorado................................................. 122
Connecticut............................................ 145
Delaware................................................. 155
District of Columbia (see also under
United States).....................................
155
Dominion of Canada............................... 673
Page
Employment, public—Continued
Georgia.................................................. . 15ft
Hawaii.................................................... 166
Idaho....................................................... 174
Illinois..................................................185,18ft
Indiana...................................................
199
Iowa.............................................. 207,213,214
Kansas.................................................... 218
Kentucky................................................ 226
Louisiana................................................ 239
Maine.................................................. 249,256
Manitoba.............................................618,619
Maryland................................................ 264
Massachusetts......................................... 278
Michigan............................ ................. 279,288
Minnesota............................................ 301,305
Missouri.............................................. 307.308
Montana................................................. 319
Nebraska............................................. 335,336
Nevada.......................................... 344,345,352
New Brunswick...................................... 629
New Jersey............................................. 366
New York............................................... 377
North Dakota......................................... 393
Nova Scotia......................................... 037,638
Ohio........................................................ 402
Oklahoma............................................... 414
Ontario...................................................
649
Oregon................................................. 424,436
Pennsylvania................................. 440,448,449
Philippine Islands.................................. 450
Porto Rico........................................... 451,457
Quebec.................................................... 664
Rhode Island.......................................... 464
South Dakota...................................... 467.473
Tennessee............................................... 476
Utah.................................................... 498,499
Vermont.............................................. 507-509
Virginia............................................... .
515
Washington......................................... 525,539
West Virginia................... ..................... 542
Wisconsin......................... .................. 551-553
Wyoming...................................... 566,567,572
Yukon Territory ................................... 670
Summary as to United Ptaw-s ..............
62
Employments and persons Included and ex
cluded:
Alabama........................................ 74,75,84,85
Alaska....................................................
86
Alberta................................... 508,509,606.607
Arizona............................................ 93-95,102
British Columbia.......................... 608,609,614
California............................................106,107
Colorado................................................. 122
Connecticut............................ 137,138, J43,144
Delaware............................................. 153,155
Georgia................................................156-158
Hawaii................................................. 166,172
Idaho............................................ 174.183,184
Illinois.................................................185-187
Indiana................................................ 198,205
Iowa.................................................... 207.213
Kansas.................................................218,219
Kentucky......................... .................. 226,229
Louisiana...................................... 239,240,246
Maine ............................. .................. 249,257
Manitoba.......... ............................ 618,626-628
Maryland................................ 26*-264,270,271
Massachusetts........................................ 272
Michigan....................................... 279,280^288
Minnesota..................................... 289,301,302
Missouri.............................................. 306-309
Montana........................... 31&-322,327,331.332
Nebraska............................................. 335,336
Nevada................................... 345,346,352,353
New Brunswick..................... 629-631.636.637
New Hampshire............................. .......
354
New Jersey.......................................... 358.364
New Mexico........................................ 368-370
New York............................... 377-380,391,392
393
North Dakota.................................... .
Nova Scotia___. . . . ____________ 637-640,648
Ohio............................................... 402,403,412
Oklahoma................................................ 414
Ontario................................... 64^-652,661-663
Oregon.......................................... 423-425,436
Pennsylvania....................................... 440,448
Philippine Islands................................... 450
Porto Rico........................................... 451,457
INDEX
Employments and persons included and ex
cluded—Continued.
Quobec.................................................... 664
Rhode Island...................................... 458,461
South Dakota......................... 406,467.473,474
Tennessee............................................ 475,476
Texas............................................ 486.494,495
Utah.................................................... 498,506
Vermont.............................................. 507-509
Virginia...............................................515-617
Washington............................ 525,524,538,540
West Virginia................................ 542,543,549
Wisconsin............................................ 551-553
Wyoming............................................ 566*567
Yukon Teiritory................................. 669,670
United States.........................................
581
Enforcement of payments. (FreSuits at law.)
Exclusions from coverage..............................61-63
Exclusiveness of remedy:
Alabama.................................... ...........
74
Alaska....................................................
89
Alberta................................................... 602
Arizona...................................................
98
British Columbia................................... 611
California...............................................
106
Colorado................................................
123
Georgia................................................157,158
Hawaii.................................................... 166
Idaho...................................................... 174
Illinois.................................................187,192
Indiana................................................197,198
Iowa....................................................207,208
TTnn.<»v*________ _
. . _
222
Kentucky.!........ ".’ . ” " " . " . " . ” ' ” ’ " 226,227
Louisiana................................................ 247
Maine..................................................... 251
Manitoba...............................................
620
Maryland............................................ 258,264
Massachusetts........................................ 278
Michigan............................................. 279,288
Minnesota.............................................. 289
Missouri................................................. 306
Montana................................................ 318
Nebraska................................................ 336
Nevada.................................................. 344
New Brunswick................................... 629,632
New Jersey............................................. 358
New Mexico........................................... 369
New York........................................... 377,381
North Dakota......................................... 393
Nova Scotia............................................ 641
Ohio.......................................................
400
Oklahoma.............. : ........................... 416,422
Ontario................................................... 652
Pennsylvania.......................................... 441
uebec.................................................... 667
hodc Island.......................................... 458
South Dakota........... ..................... 466,471
. Tennessee.............
......................
476
..........
..................... 486
T tah....................
................ 500,501
................ 509
Vermont..... ..........
Virginia........... ........................ .............. 516
Washington. . .
...................... 525
West Virginia
...............................
550
........................................ 551
V ‘iii'i'tt
.................................... 566,569
. ukon Territory..................................... 670
Cnilcd St cites.........................................
575
Extraterritoriality:
Alabama....................................... .........
74
\;i crta...................................................
601
vrizona..................................................
97
iiritish Columbia................................ 010.611
California...............................................
119
Delaware................................................
146
Georgia........................................ .......... 1G1
Hawaii................................................. 168,171
Idaho................................................... 174,180
Illinois.................................................... 187
Indiana................................................... 199
Kentucky............................................... 228
Maine..................................................... 255
Manitoba...............................................
619
Maryland............................................... 271
Michigan................................................ 286
Missouri.................................................
309
Nevada................................................... 352
New Brunswick...................................... 631
g
681
Extraterritoriality—Continued.
PW
North Dakota......................................... 39T
Nova Scotia......................................... 640,6M
Ohio.......................................................
402
Ontario..... ............................................. 650
Pennsylvania.......................................... 440
Quobec..... .............................................. 669
South Dakota......................................... 467
Tennessee............................................... 477
Texas...................................................... 493
Utah....................................................... 500
Vermont................................................. 509
Virginia..................................................
521
West Virginia...................................... 542,543
Farm labor........................... ........................
62
Fees, attorneys’ . (See Attorneys’ fees.)
Georgia:
20
Analysis of law of....................................
Text of law of...................................... 156-165
Hawaii:
Analysis of law of....................................
21
Text of law of............. ...................... 160-173
Hazardous employments, summary as to___
61
Hernia as accident:
Alabama.................................................
78
Arizona................................................... 101
Colorado................................................. 131
Georgia................................................ 156,157
Idaho......................................................
178
Illinois....................................................
189
Kentucky............................................... 227
Louisiana................................................ 242
Missouri. ............................................. . 311
Montana................................................
327
New Jersey............................................. 300
New Mexico...........................................
37*
Oklahoma............................................... 418
Oregon.................................................... 431
Texas...................................................... 490
Virginia.................................................. Mrt
West Virginia......................................... M4
Idaho:
Analysis of law of....................................
22
Text of law of...................................... 174-184
Illinois:
Analysis of law of....................................
2.i
Text of law of...................................... 185-196
Indiana:
Analysis of law of....................................
24
Text of low o f .................................... 197-206
Industrial commissions. (H
e* Commissions,
administrative.)
Industrial rehabilitation. (See Rehabilita
tion.)
Injuries compensated:
Alabama.................................................73-78
36
Alaska....................................................
Alberta................................................ 598.600
Arizona..................................................
95
British Columbia................................ 608,610
California...............................................
106Colorado....................................... !23,128-131
Connecticut......................................... 137,144
Delaware............................................. 153,154
Georgia................................................ 156,157
Hawaii...................................................
166
Idaho...................................................... 174
Illinois................................................. 185,196
Indiana................................................... 205
Iowa....................................................... 213
Kansas................................................ 217,219
Kentucky............................................... 226
Louisiana............................................ 240,247
Maine..................................................... 252
Manitoba............................................ 617,619
Maryland...................................... 258,259,270
Massachusetts........................................
274
Michigan................................................ 280
Minnesota........................................... 289,302
Missouri................................................. 308
Montana................................................. 322
Nebraska............................................. 335,343
Nevada................................................... 344
New Brunswick...................................... 631
New Hampshire.....................................
354
New Jersey............................................. 358
New Mexico........................................ 368,371
New York............................................ 377,381
North Dakota......................................... 393
682
INDEX
Injuries compensated—Continued.
Nova Scotia............................................
639
Ohio.............................................. 400,402,403
Oklahoma............................................ 415,421
Ontario................................................ 649,660
Oregon.................................................... 423
Pennsylvania.......................................... 441
Philippine Islands................................... 450
Porto Rico.............................................. 451
Quebec.................................................... 664
Rhode Island.......................................... 458
South Dakota......................................... 474
Tennessee................... ...........................
475
Texas...................................................... 495
Utah,..................................................... 499
Vermont............................................. 507,508
Virginia.................................................. 510
Washington............................................ 527
West Virginia......................................... 644
Wisconsin............................................... 551
Wyoming...............................................
508
Yukon Territory................................. 669,670
United States...................................... 575,581
Injuries, second:
Alabama.................................................77,78
Arizona................................................... 101
Ill
California...............................................
Colorado................................................. 125
Delaware................................................
153
Georgia...................................................
161
Illinois.................................................... 190
Indiana................................................... 201
Iowa....................................................... 211
Kansas................................................. 221-223
Kentucky............................................... 232
Maine..................................................... 251
Maryland............................................... 267
Massachusetts......................................... 276
Michigan................................................ 283
Minnesota........................................... 292,295
Missouri.............................................. 311-314
Montana................................................. 327
Nebraska................................................ 341
Nevada................................................. _ 350
New Mexico...........................................
374
New York............................................... 384
North Dakota......................................... 397
402
Ohio.......................................................
Oklahoma............................................418,419
Orogon.......................................... 429,432,433
Rhode Island.......................................... 461
South Dakota......................................... 471
Tennessee............................................... 477
Texas...................................................489,490
Utah....................................................... 503
Virginia.................................................. 520
Washington............................................ 537
Wisconsin............................................ 559,561
Wyoming................................................ 570
(Seealso Preexisting conditions.)
Insurants:
Alabama.................................................
83
Arizona................................................... 95-97
California............................................ 116-118
Colorado..............................................123,124
Connecticut......................................... 142-145
Delaware................................................
152
Georgia.......................................... 157,164,165
Hawaii.................................................171,172
Idaho...................................................180,181
Illinois.................................................... 195
Indiana................................................ 197,204
Iowa....................................................... 215
Kentucky............................................ 235-237
Louisiana............................................. 245,246
M aine.................................................. 251.252
Maryland............................................ 259-262
Massachusetts...................................... 274,277
Michigan....................................... 279,283,286
Minnesota............................................... 297
Missouri................................................. 314
Montana............................................. 328-333
Nebraska................................................ 342
New Jersey............................................. 366
New Mexico........................................... 368
New York............................................ 389-391
North Dakota...................................... 396-398
Ohio........................................ 400-402,412,413
Oklahoma............................................... 420
Ontario.................................................... 653
Insurance—Continued.
Oregon................................................. 426-430
Pennsylvania....................................... 441,442
Quebec................................................. 666,667
Rhode Island.......................................... 463
South Dakota...................................... 466,473
Tennessee...............................................
483
Texas............................................. 486,494,495
Utah.................................................... 499-501
Vermont................................................. 514
Virginia............................................... 516,524
West Virginia...................................... 549,550
Wisconsin............................................ 564,565
(SeealsoInsurance, State fund for.)
Insurance, Slate fund for:
Alberta................................................. 600,601
Arizona...................................................
93
British Columbia................................ 614-616
California............................................ 116-119
Colorado.............................................. 134-136
Idaho............................. ..................... 181-183
Manitoba............................................. 624,625
Maryland............................................ 259-262
Michigan............................................. 287,2"
Montana.............................................. 329-3
Nevada......................................... 346,347,3
New Brunswick................................... 635,636
New York............................................ 389-391
North Dakota...................................... 396-398
Nova Scotia......................................... 646,647
Ohio........................................ 400-402,404-407
Ontario................................................ 657-659
Oregon.................................... 426-430,434,435
Pennsylvania....................................... 447,448
Porto Rico........................................... 455,456
Tennessee............................................ 483-485
Utah.................................................... 497,498
Washington................................... 527-533,535
West Virginia...................................... 543,544
Wyoming................................. .......... 569,574
Interstate commerce. (See Employments
and persons, etc.)
Intoxication. (SeeWillful misconduct.)
Iowa:
Analysis of law of....................................
25
Text of law of...................................... 207-216
Isthmian Canal, law relating to................. 581,582
Joint employers, liability of:
Alabama.................................................
81
Alberta................................................... 604
Delaware...................... .......................... 153
Georgia...................................................
163
Indiana................................................... 203
Louisiana................................................ 246
Minnesota............................................... 295
Missouri................................................. 308
Nebraska...........................................
341
Tennessee...............................................
-'*1
Virginia..................................................
\3
Judgments, preference, etc., of. (See Assto
ments, etc.)
Kansas:
Analysis of law of...............
..........
26
Text of law of....................
217 225
Kentucky:
Analysis of law of.......................
27
. 226 238
Text of law of...........................
Liability of third parties. (SeeThir<i parties.)
Liability without fault. (See Defenses, abro
gation of.)
Louisiana:
Analysis of law of.................................. .
Text of law of...................................... 239-fe.
Lump-sum payments. (See Payment.',
mode of.)
Maimings, schedule of compensation for.
(SeeSchedule, etc.)
Maine:
Analysis of law of....................................
29
Text of law of....................................... 249-257
Manitoba:
Analysis of law of.................................... 588
Text of law of.......................................617-629
Map showing types of laws...........................
11
Maryland:
Analysis of law of....................................
30
Text of law of................................ .
258-271
Massachusetts:
Analysis of law of....................................
31
Text of law of....................................... 272-278
INDEX
Medloal aid fond:
Page
88
Alaska............ ..................................
Alberta__________________________
eos
Arizona............................................
w
California........................................... HO
Idaho................................................. 177
Montana........................................ 824.825
Nevada............................. ........... .
347
New Brunswick__ . . . __________
034
Nova Scotia__________________ ” ... 042
Ontario............................................. 650
S F W - j t —~ -------------- ------------- 487,488
I to ^ S S it ib o K
58^540.541
Alabama.................................
««
.............
m
Alaska................ ...........
Alberta.
602
Arizona..
_____________ ________
102
British Columbia................................ 616
California........................................... 113
Colorado................... „ ..... ........*•..131* 132
Connecticut....................... ... ____ 142
Delaware........................................... 100
Georgia......................................169,160,164
Hawaii............................................... 170
[daho..... ....................._............. ...... 179
Illinois.............................................19*,"193
[nd!«na.......................................... . 200; 204
a............................................... 211,215
Kansas_____ . . . . . . ____ . . . . . . ............ 223
Kentucky^—-----------------------«... 233,214
__________________ 344,245
............................................ 254,255
Manitoba........................................... 620
Maryumd______ ___ . . . . . . . . . __ 287
Massachusetts.
Michigvn........................ ................. 284]
i S S S > ------------— — — —
Montana...........................................
Nebraska---------------------------------- --
S
824
341
_____ 850,357
____ 388
jfcw Mexfco------------------------------ 874,875
New York.
880
North Dakota.------------------------------ 398
045
Nova Scotia--------------------------- -—
Ohio___________________________ 411,412
Oklahoma.... .............................. .
419
Ontario.___ . . . . . . . . . . . . . . . . . . . . . . . . . . . . 052
Oregon.— -.------- . . . . . ...............—— 437
Pennsylvania---------------------------—
445
Porto Rico........................................ . 451
Quebec............................................ 007,668
Rhode Island.................. . . . . . . . __ . . . . 402
South Dakota__________________ _ 471,472
Tennessee___ _________. . . . . . . . . . . . . . . 478
Texas................................................. 493
505,500
Utah..
Vermont___ . . . . ____ . . . . . . _____ ... . 513
Virginia:_________________________
519
Washington________ . . . . . . . . . _______ 538
West Virginia_____________________
549
Wisconsin........................................... 502
573
Wyoming.......................................
Yukon Territory.............................. 672; 078
United States................................... 578,579
Medical treatment, rejection of:
Alabama................... ................ . . . . . . 81,82
Alberta............................... *__ . . . . . . . 003
British Columbia________ . - ____ ___ 616
California___. . . . . . . __________ . . . . . 106,111
Colorado____— . . . . . . . . _____. . . . . . . . . 125
Connecticut.......___ _________ . . . . . 188
Delaware__. . . . . ___. . . . . . . . . . . . . . . ___ _ 147
Georgia------. . . . . . . . . . . . . . . . . . ____. . . . . 159
Hawaii.___. . . . . . ___. . . . . . ____ . . . . . . . 108
Illinois___________________________
198
Indiana............................................ 199,200
K entu ck y................______ . . . ___ 228
Manitoba_________________________ 620
Missouri________________________ 809,310
Nebraska______ . . . . . . . . . . . . .. . . . . . ___ 337
Nevada_________________________ 85a 351
New Jersey------------. . . . . . . . . . . . . . . . . . . 303
New Mexico________ . . . . . . . . . . . . . . . . . 374
Oregon.._____
___ 430
___ 443
Pennsylvania...
New Hampshire..
1965°— 26—
44
683
Medical treatment, rejection of—Contd.
Page
Porto Rico.......................................... 454
Tennessee... ....................................... 479
Texas-............................................. 491,498
Virginia.............................................. 518
Washington........................................
538
Wisconsin........... .................... ....... . 554
Alatam*.............................................8tffl
Alaska................................................88.89
Alberta...................................... 002,003,603
Arizona...
flft.07
British Columbia;.” " ; : : ; ; : : : : : ; ; ; : ; ; ; ; 0is
— ......... i g
Connecticut........................................ 133
Delaware.....................................
147
§2251?...........
...........
......... .—.
1W
Hawaii.................
...................
108
Idaho...________ i »
IUIpoto:................... .................... 188,189
Indiana.............................................. 199
Iowa................................................ 206,209
Kansas.............................................. 220
Kentucky........................................ 227,228
Louisiana........................................... 244
Maine................................................ 25a
_ fgj
Manitoba____________ _____
Maryland................. ........................ 200,207
Massachusetts.____ ...........................
274
Michigan.............. J g
MjpOtfnte*.----------------- ; ____[....... 299,296
Missouri..................... ........ ...... 309
«ftw»tana---------------------------------------- 82*, 325
Nebraska»■ »r»..
Nevada............
New Brunswiek**New Hampshire—
New Jersey...........
New Mexico— ....
New York.
North Dakota..................................... 391
Nova Scotia..................................... 641-043
Ohio................................................... 410
Oklahoma_______ . . . . . . . _______ ... 410,417
Ontario.________________________ '655,650
. 484,487,488
Oregon______
Pennsylvania...___________________
__
448
Philippine Islands............................... 450
Porto Rico........................................................ 451
Quebec............................................................... 005
Rhodo Island... .................................. 459
8outh Dakota..................................... 468
Tennessee— ---------------. . . . ____. . . 477,478
Texas_________________________ _ 487,491
Utah.................................................. 505
Vermont............................................. 610
Virginia.............................................. 518
Washington— ____________ . . . . . __ 540,511
West Virginia______________ _____ 544,548
Wisconsin........................................... 554
Wyoming...__________ . . . . . ____ . . . . 571
YukonTerrltoiry................................ . 071
United States...................................... 576
Summary as to....................................00,70
Analysis of law of..................... -.........
82
Text of law of................................... 279-288
Minnesota:
Analysis of law of.--------------- . . . . . . . . .
38
Text of law of.................................. 289-305
Minors, status, etc., of:
Alabama............................................. 74,75
Alberta..------------ ------------------------ 005
Arizona......... ............................. 94,103,101
British Columbia............................ .
011
California............................. 100,107,110, 111
Colorado.......................................... 122; 128
Connecticut..................................... 141-143
Delaware.................................... 140,149,154
Georgia............................................ 150,157
Hawaii................................................ 170
Idaho.................................................. 183
Illinois................................................
183
Indiana....................................... 197,203,203
Iowa----------------------------------------212,214
Kansas___________________ ______ 219,223
Kentucky................................ 220.232.233
684
INDEX
*Mfnors, status of-Oontinued.
Louisiana----------------------------—------Maine--------------------------------------m ’ 18Z
Manitoba...............— ——— —--------M aryland....-------------------------------Massachusetts----- ------------------------- - J77
Michigan---------------------------------- * # ,» £
Minnesota--------------*------------------ J ®
Missouri-----------------------------------**> 52
Montana-------------------------- --------8
£ S a --—
-------851 363
Nevada..
. . . -----. . . . . . ——
..——
——
225
New Jersey.------------------------------- 358,359
New Mexico-------------------New York-........— . . — — — — --Nortb-Dakota.-----------------------893-395*307
NovaSootia— ...................... .............. - ®}5
Ohio____________________________410^411
Oklahoma.----- . . . . . . . . . . . . . — ..— — - J g
Oregon.---- --------------------- ------- — «*»***
Pennsylvania...— . . . ----------------------Rhode Island-------------------------------- *j»
.South Dnlrnta...........
. . ----------- 471
Texas.
Utah---.
... 610; 822, 523
Virginia.
......... 637
Wi "
__ ____ MO
isconsm.
____ 873
yomlng.
Wyoml
Missouri:
Analysis of law of..— ----------------------- »
Text of law of— --------- —---------- WW17
Montana:
„
Analysis of law of............................. »
T«'xt of
of________________. . . . . roMWri
Kfhraska: •
Analysis of law of------- *........ — . . . ___
86
Textoflaw of--------- ---- --------------- 836-343
Nevada:1
37
Analysis of law of.__. . . . . . . . . . . . ____ _
Text of law of.___________________ 144-383
Now Brunswick:
Analysis of law of.-------------------------- 689
Text of law of________. ______ _____639-637
New Hampshire:
Analysis of law of.________ _____. . . __
38
Text oflaw o f....______ __________ 364-367
New Jersey:
Analysis of law of.-------------------------39
Text of law or.___________________ 388-367
New Mexico:
Analysis oflaw of— .................... . .....
40
Text of law of...------------------------- 368-376
New York:
Amendment of constitution of__. . . ____ 377
Analysis of law of_______ _______ . . . . .
41
Text of law of____________________ 377-392
North Dakota:
Analysis of law of...___________. ____
42
Text oflaw o f....________________ 363-399
Notice of accident. (See Accidents.)
Nova Scotia;
Analysis of law of.__________ ____ ___ cuO
Text of law of.___________________ 637-648
Occupational diseases:
AlberuZ.____________________ 606*606,608
British Columbia.... . . . . . . . . . . . . . . . . . 610;617
California________________ ________ 105
Connecticut.............__.......w .— . .144
Hawaii___________________________ 166
Illinois.. —_____ . . . . _______________ 196
Kentucky— ____ . . . _______ ____. . . . . 226
Manitoba_____________ ______ 625,626*629
Mfmwwta._______. . . . . . . . ________302-304
New Brunswick......... ..................636*637
New Jersey...*........................... ........ 364
New York_____________ 377,380,331,387-389
North Dakota*,..__________________ 393
Nova Scotia.______________________ 648
Ohio...
____________ 400,403,404,412
Ontario.
___________ ____ 689; 600,664
Porto Rico....,
. 461,483,464
Wisconsin.
865
United States.....
881
Summary as to...,
63
Ohio:
Amendment of constitution o f........... 400
Analysis of law of...............................
43
Text of law o f . . . . . . . . .. . . .. ...... ..... 400-413
Oklahoma:
^
Analysis oTlaw of-------------- ----------- Text oflaw of...................................414-422
Ontario:
.
Analysis of law of............................... - Wl
Text of law of................................... 649-664
° reAnily8is oflaw of----------------- -— —
Text of law of------. . . . . . . . . — . . . . . . . . 423-439
Panama Canal (8ee Isthmian Canal.)
Partial disabilities. (See Schedule rate.) 4
Payments, enforcement of. (See Suits at
law.)
^ .
Payments, mode of:
M
Alabama—— . . . — —— — —— ------ —
Alaska--------------------------------------*>
Alberta.----------------------------------- g g ” ?
Arizona______________ . . . . . . . . . . . . . 102-10*
British Columbia................................
California________________ — ____ 118
cSSSd o!____________________
Connecticut— . . . — . . . . . . . . . . . . . Delaware..-------------------- . . . . . . —
Georgia..--------------------------------— - J ®
Hawaii_________________________ 168.170
Idaho.......................................... ...... 179
Illinois________ ___________ ___ 191,102
Indiana....____________ . . . . . . ___*.202,203
Iowa_____ ________ __ ___ ____. . . . . . *£12
Kansas_________________________ 223*22*
Kentucky.
W1»J*2
Maine..*..
Manitoba.,
Maryland..
Michigan-.
Minnesota..
::::::::::: ::: *44
_______ ______ 268
... 277
. 264,285
296
...
JW
. 32*327
Nevada.. ______
New Branswick_
New Hampshire___________________ ____
New Jersey._____ . . . . . . . . . . . . . . . . . . . . 362;363
NewMexfco.____ _______ . . . . . . . . . 371,374
New York........................................ 386,387
North Dakota.......___________. . . . . . 396
Nova Scotia__. . . . . . __________ . . . . — 645
Ohio.--------------------------------------- 402,410
Oklahoma________ ________________ 419
Ontario..*___________________ 652; 683,655
Oregon------------ . . . . . _____________ 433,437
-------- 1vania____________________ 444*445
Porto too___________ .. . ________ _ 453
Quebec..___
. 067,668
Rhode
Island
____
* Island.....
. . . _______ _______ 461-463
8outh Dakota___________________ 468,471
Tennessee.______ _____________470*482,483
Texas__________________________ 402; 463
U ta h .........___. . . . . . . . . . . . . . . . . ___ 804,805
Vgnggt---------------- muxm
Washington..__. . . . . . . . . . . . . . . . . . . . . . . . 837
West Virginia____________________ 547,548
Wisconsin...............__. . . . . . . . . . . . . 565
Dominion of Canada_________ . . . . . . 673,674
United 8tates______________________ 5-8
Pennsylvania:
Amendment to constitution of_____ . . . 440
Analysis oflaw of._______ __________
46
Text of law of._____. . . . . . _________ 440-140
PMUpgne islands, text of law o f.......____ 450
Analysis oflaw of.____ ___ ___ ______ _ 47
Text oflaw of.____________________451-457
Preexisting conditions:
A la b a m a ................................
80
California__ . . . . . . . . . . . . . . . . . . . . . . . . . __ 105
Connecticut_______ ___________ 137,143-144
Kentucky----------------------- . . . ______ 226
New Brunswick_______. . . . . . . . __ . . . . . 631
(See alio Injuries, second.)
Preference of awards, etc: (&r Assignments,
etc.)
Premiums. (See Insurance.)
Principal features of American laws, analyris
12-50
INDEX
Page
Principal features of the laws of Canada.. . 594-597
Progress in enactment of laws of Canada....... 583
Progress in enactment of laws of United States 4-8
Public employees. ( See E mployment, public.)
Quebec:
Analysis of law of......................................... 592
Text of law of.............................................664-669
Railroad employees. (Sec Employments
and persons, etc.).
Rehabilitation:
Manitoba................................................... 621,622
Massachusetts............................................... 272
Minnesota...................................................... 292
New York...................................................... 384
North Dakota............................................... 396
Ontario.......................................................... 656
Oregon................................................. 434,438,439
Wisconsin......................................................
560
Remarriage of spouse. (See Awards payable,
etc.).
Reports of accidents. (See Accidents, re
ports of.)
Revision of payments. ( See Awards, deter
mination of.)
Rhode Island:
Analysis of law or.........................................
48
Text of law of............................................. 458-465
Safety devices, power of administrative com
missions, etc., over:
Alberta............................................................ 600
British Columbia......................................... 616
California................................................... 105,119
Colorado......................................................... 129
Hawaii............................................................ 172
Kentucky....................................................... 238
New Brunswick............................................ 636
New York...................................................... 391
North Dakota............................................... 396
Nova Scotia................................................... 647
Ohio............................................................. 410,411
Ontario........................................................... 658
Oregon............................................................ 435
Pennsylvania................................................. 447
Utah................................................................ 497
Vermont......................................................... 507
West Virginia................................................ 544
Scales of benefits........................................... 65--70
Schedule rates for specific injuries:
Alabama................. ....................................... 75-77
Alaska.............................................................87,88
Arizona........................................................100-101
California....................................................108,109
Colorado......................................................... 129
Connecticut........... : ..................................... 140
Delaware........................................................ 148
Georgia........................................................160,161
Hawaii........................................................ 168,169
Idaho............................................................... 178
Illinois......................................................... 189-191
Indiana........................................................ 200,201
Iowa................................................................ 210
Kansas........................................................ 220-222
Kentucky................................................... 230,231
Louisiana.................................................... 241,242
Maine.............................................................. 254
Maryland................................................... 264,265
Massachusetts............................................ 276,278
Michigan........................................................ 282
Minnesota................................................... 290,291
Missouri...................................................... 310,311
Montana......................................................... 326
Nebraska..................................................... 337,338
Nevada........................................................ 349,350
New Jersey................................................. 359,360
New Mexico................................................... 373
New York................................................... 383,384
North Dakota................................................ 394
Ohio............................................................. 408,409
Oklahoma................................................... 417,418
Oregon............................................................ 432
Pennsylvania............................................... 442
Porto Rico...................................................... 452
Rhode Island............................................. 460,461
South Dakota............................................ 469,470
Tennessee................................................... 479,480
Texas........................................................... 488,489
Utah................................................................ 502
Vermont......................................................511,512
Virginia.......................................................510,520
685
Page
Schedule rates for specific injuries—Contd.
Washington............................................
oSW
West Virginia...................................... 545,546
Wisconsin............................................ 557. .V>S
Wyoming........................................... .
570
Yukon Territory.................................. 671,672
Scope of act. (SeeEmployments and persons
included.)
Second injuries.- (Sec Injuries, second.)
Security of payments. (Sec Assignments,
attachments, etc.; Insurance.)
Settlement of cases. (Sec Awards.)
South Dakota:
Analysis of law of....................................
49
Text oflaw of............. ......................... 466-474
Special contracts. (See Substitute schemes;
Waivers.)
State Boards. (See Commissions, adminis
trative.)
State funds. (SeeInsurance. Stale fund for.)
States haviug compensation laws.................. 8,4
Substituto schemes:
Arizona...................................................
96
Colorado................................................. 125
Connecticut......................................... 142,143
Delaware...............................................
152
Georgia...................................................
165
Idaho...................................................... 174
Illinois....................................................
195
Indiana................................................... 204
Iowa.......................................................
215
Kansas.................................................... 225
Kentucky...............................................
235
Maine.....................................................
252
Minnesota............................................... 297
Missouri.............................................. 308,314
Nebraska................................................. 342
Nova Scotia............................................ 642
Ohio.......................................................
406
Oklahoma............................................... 420
Rhode Island..........................................
463
South Dakota......................................... 473
Utah........ .............................................. 500
Virginia.................................................. 524
West Virginia...................................... 549,550
Wisconsin............................................... 564
Suits at law:
Alabama................................................. 82,83
Alaska....................................................
90
Alberta.................................................... 599
Arizona......... ........................................ 103
British Columbia.................................... 611
120
California...............................................
Colorado .............................................
134
Connecticut......................................... 142,143
Delaware................................................. 152
Georgia...................................................
164
Hawaii.................................................166,171
Idaho...................................................... 180
Illinois................................................. 187,194
Indiana................................................ 198,204
Towa.................................................... 214,215
Kansas.................................................... 224
Kentucky...................................... 227,228,234
Louisiana............................................. 245,247
Maine..................................................... 252
Manitoba............................................ 619,620
Maryland............................................ 268,269
Massachusetts......................................... 278
Michigan............................................. 285,288
Minnesota............................................ 298,300
Missouri................................................. 315
Montana............................................. 328,333
Nebraska............................................. 335,342
Nevada...................................................
352
New Brunswick...................................... 632
New Hampshire...................................... 355
New Jersey...................... ...................... 367
New Mexico.................................. 371,372,375
New York............................................ 381,386
North Dakota...................................... 397,398
Nova Scotia............................................ 640
Ohio.............................................. 406-408,411
Oklahoma............................................... 419
Ontario................................................... 652
Oregon........................................... 435,436,439
Pennsylvania.......................................... 441
Porto Rico...........................................455,456
Quebec..............................................
686
INDEX
Snifs at law— Continued.
Khode Island............................................. 468,465
South Dakota............................................... 473
Tennessee...................................................... 482
Texas.............................................................. 493
Utah............................................................aoi,5or>
Vermont......................................................... 508
Virginia.......................................................... 517
W ashington........................................ 525,537, MO
West Virginia............................: .................
548
Wisconsin......................................................
563
Wyoming....................................................... 569
Vrukon Territory....................................... 670,671
Summary as to.................... ................................68,64
S? stems provided for, summary of.........8-11,60-72
Tennessee:
Analysis of law of.........................................
50
Text of law of............................................ 476-485
Texas:
Analysis of law of.........................................
61
Text of law of............................................ 486-496
T h ird parties, liability of:
Alabama........................................................
83
Alaska............................................................
90
Arizona...........................................................
98
Hr if tali Columbia......................................... 611
California....................................................... 114
( 'olorado........................................................
133
Connecticut................................................. . 138
Delaware........................................................ 163
Georgia........................................................... 156
Ilawail............................................................ 166
Idaho.............................................................. 174
Illinois............................................................ 195
I ndinna........................................................... 198
lowa................................................................ 208
Kansas........................................................ 217,218
Kentucky....................................................... 228
Louisiana....................................................... 241
Maine............................................................. 255
Manitoba................................................... 619,620
Maryland...................................................... 269
Massachusetts............................................... 273
Michigan........................................................ 285
Minnesota.................................................. 297,298
Missouri......................................................... 309
Nebraska.......................................................
337
Yovnda........................................................... 345
Yew Brunswick............................................ 632
.Yew Jersey.................................................... 305
New Mexico.................................................. 375
Yew York...................................................... 387
Yorth Dakota..............................................
398
Nova Scotia................................................... 641
Oklahoma...................................................... 420
Ontario..........................................................
651
Oregon........................................................ 423.424
Pennsylvania................................................ 445
Porto Rico..................................................... 456
(juchec............................................................ 667
Rhode Island................................................. 463
South Dakota............................................... 466
Tennessee....................................................... 476
Texas.............................................................. 493
Htah...............................................................
501
Vermont........................................................
509
Virginia...................................................... 516.617
Washington................................................... 526
Wisconsin...................................................... 564
Wyoming....................................................... 568
Yukon Territory.......................................... 671
i rnited St-ites................................................ 679
Tot .'il disability. (Sn Disability, total.)
T\ ivs of laws..............................: ....................... 8-11
Unlred States:
Analysis of law relating to civil em
ployees........................................................
59
District of Columbia...................................
19
Executive orders relating to administra
tion of laws of............................................ 582
Text of law relating to civil employees. 575-582
Utah:
Analysis of law of.........................................
52
Text of law of............................................ 497-506
Veni.ont:
A mendment of constitution of..................
507
A nalysis of law of........................................
53
Text of law of............................................ 507-514
Virginia:
p««®
Analysis of law of....................................
54
Text of law of.......................................515-524
Vocational rehabilitation. (&r Rehabilita
tion.)
Wages, average. (See Earnings, determina
tion of.)
Wages, deductions from. (SeeContribut ions
by employees.)
Waiting time:
Alabama.................................................
81
Alaska....................................................
89
Alberta....................................................
601
Arizona................................................. 98,102
British Columbia....................................
610
California................................................
108
Colorado.................................................
128
Connecticut......................................... 138,139
Delaware.................................................
147
Georgia...................................................
160
Hawaii....................................................
168
Idaho......................................................
177
Illinois....................................................
189
Indiana...................................................
200
Iowa.......................................................
210
Kansas.................................................217,220
Kentucky...............................................
228
Louisiana................................................
244
Maine.....................................................
252
Manitoba................................................
619
Maryland................................................
268
Massachusetts.........................................
274
Michigan................................................
280
Minnesota...............................................
295
Missouri.................................................
310
Montana.................................................
326
Nebraska................................................
337
Nevada...................................................
350
New Brunswick......................................
633
New Hampshire......................................
356
New Jersey.................... ........................
362
New Mexico.................. ..................... 372,374
New York.................... ..........................
382
North Dakota.........................................
394
Nova Scotia............................................
639
Ohio............................. ..........................
408
Oklahoma...............................................
416
Ontario...................................................
(150
Pennsylvania....................................... 442,443
Porto Rico..............................................
451
Quebec....................................................
665
Rhode Island..........................................
459
South Dakota.........................................
468
Tennessee........................... ..................
478
Texas......................................................
486
Utah.......................................................
501
Vermont.................................................
511
Virginia..................................................
519
Washington............................................
537
West Virginia.......... ..............................
544
Wisconsin...............................................
555
Wyoming................................................
571
Y ukon Territory....................................
670
United States.......................................... 582
Summary as to........................................
64
Waivers:
Alabama.................................................
83
Alaska....................................................
90
Alberta...................................................
602
Arizona...................................................
102
British Columbia...................................
611
California............................................ 114,115
Connecticut.................................... . 142-144
Delaware........ ........... ............................
147
Georgia....................... ............................
157
Hawaii...................................................
166
Idaho......................................................
174
Illinois................................................. 191,195
Indiana...................................................
199
Iowa.......................................................
213
Kansas....................................................
225
Kentucky................................................ 228
Louisiana................................................ 247
Maine.....................................................
255
Manitoba................................................ 620
Maryland...............................................
268
Massachusetts...................................... 274,277
Michigan................................................. 284
INDEX
Page
Waivers— Continued.
Minnesota................ ..................................... 289
Montana.................. ................................ 327
Nebraska.................. ...............................
341
Nevada..................... ................................. 350. 352
New Brunswick___..................................... 632
365
New Jersey.............. ....................................
New York................ ................................ 387
North Dakota......... ................................ 398
Nova Scotia............. ................................ 641
Ohio.......................... ..................................... i l l
Oklahoma................. ................................ 420
Ontario..................... .................................... 662
Oregon...................... ..................................... 426
Pennsylvania.......... ................................ 441
Quobec...................... ................................ 608
Rhode Island........... ................................ 482
South Dakota.......... ...............................
467
477
Tennessee!................. ...............................
Texas........................ ................................. 491-493
Utah.......................... .................................... 505
Vermont................... ...............................
509
Virginia.................... ...............................
516
Washington............. ...............................
538
West Virginia.......... .................................... 548
Wisconsin................. ................................ 551
Wyoming................. .................................... 568
Yukon Territo ry.. .................................... 671
Washington:
Analysis of law of
Text of law of.......... ................................. 525-541
West Virginia:
Analysis of law.......
Text of law of_____ ................................. 542-550
Willfui misconduct:
Alabama................... ....................................
74
Alaska.......................
Alberta......................
Arizona.....................
British Columbia .
California................. ..................................... 100
Colorado................... ..................................... 132
Connecticut.............
Delaware................... .................................158,154
( Jeorgia..................... ....................................
168
Hawaii...................... ....................................
160
Indiana.....................
Iowa.......................... .................................... 208
Kansas...................... .................................... 217
Kentucky................. .......................... 227.232,233
687
Page*
Willful misconduct— Continued.
Louisiana..................................... ............... 246
M a in e ......................................... ............... 252
019
Manitoba..................................... ..............
Massachusetts............................. ................. 274
Michigan....... .............................. ................. 280
Minnesota.................................... ............... 289
Missouri___ - ..............................
Nebraska......... - .......................... ........... 341,343
Nevada........................................
344,351,352
New Brunswick.......................... ................. 831
New Hampshire..........................
New Jersey.................................. ................. 364
New Mexico................................ ............... 369
New York....................................
393
North Dakota............................. ........ .
Nova Scotia.................................
Ohio..................................1.......... 402,403,407,408
Oklahoma.................................... ............... 415
Ontario......................................... ................. 050
Oregon..........................................
Pennsylvania.............................. ............... 441
Porto Rico................................... ................. 454
Rhode Island..............................
South Dakota..............................
Tennessee.....................................
Texas............................................ ............. 480,496
Utah.............................................. ................. 501
Vermont................. ..................... ................. 612
Virginia........................................ ................. 517
Washington................................. ................. 537
West Virginia.............................. ................. 544
Wisconsin.................................... ............. 561,559
Wyoming..................................... ................. 500
Yukon Territory.......................................... 070
United States.............................. ................. 575
Wisconsin:
57
Analysis of law of....................... .................
Text of law of.............................. ............. 551-505
Wyoming:
Amendment of constitution of. ................. 500
58
Analysis of law of....................... .................
Text of law of.............................. ............ 560-574
Young persons, computing payments to.
(See Age to be considered.)
Yukon Territory:
Analysis of law of....................... ................. 593
Text of law of.............................. ............. 609-073
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