Cornell University Library HD7816.U7C5 1913 Report ot Employes compensation commissi 1924 002 403 792 Colorado. Employes Compensation Commission. Report of Employes Compensation Commission to the nineteenth General Assembly... 1913. THE LIBRARY OF THE NEW YORK STATE SCHOOL OF INDUSTRIAL AND LABOR RELATIONS AT CORNELL UNIVERSITY The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924002403792 J^^TTT^' JLrvEY f . GARMAN, Secy. r"k^^ : ^L0WE5lG0MPENSATI0N COMMISSION Of CO«» «*j-. BBBOR3T and then only in lieu of other compensation. Limit $300. Time for notice and claim of accident as soon as practicable, and of claim within six months, or in case of death within six months of the death. 31 Disputes settled by arbitrators, then courts by ap- peal. Non-resident alien beneficiaries of deceased workmen included. If compensation adopted, suits for damages are still permitted if employee or his representative prefers and so elects, even after accident. NEW HAMPSHIRE. Industries Affected. — "Dangerous" (enumerated list). Defenses Abrogated. — None (assumed risks, fellow service and contributory negligence restricted by liabil- ity provisions of statute). System Provided For. — Compensation, elective. How Election Is Made. By Employer. — Writing filed with commissioner of labor, with proof of financial ability or bond. How Election Is Made. By Employee. — By claim- ing compensation under act. Cost is on employer. To be compensated disability must continue more than two weeks. Compensation for Death. — One hundred and fifty times weekly earnings, not more than $3,000; no depend- ents, $100. Compensation for Total Disability. — Fifty per cent of average weekly earnings; maximum $10, for not more than 300 weeks. Compensation for Partial Disability. — Fifty per cent of wage loss; maximum $10 per week, not more than 300 weeks. Compensation for Medical and Surgical Aid. — Only if employee dies leaving no dependents, and then up to $100. Time for Notice and Claim. — Notice as soon as prac- ticable, and before leaving service ; claims in six months. 32 Disputes settled by proceedings in equity. Non-resident alien beneficiaries of deceased work- men — Beneficiaries must be residents of State. If compensation adopted, suits for damages are still permitted in lieu of compensation if employer wilfully failed to comply with safety law. NSW JERSEY. Industries Affected. — All except casual employment. Defenses Abrogated. — Assumed risks, fellow serv- ice, contributory negligence. System Provided For. — Compensation, elective. How Election Is Made. By Employer. — Presumed in absence of written notice. How Election Is Made. By Employee. — If employer elects, presumed in absence of written notice. Cost is on employer. To be compensated disability must continue more than two weeks. Compensation for Death. — Twenty-five to 60 per cent of wages for 300 weeks; $5 minimum, $10 max- imum; no dependents, $200. Compensation for Total Disability. — Fifty per cent of wages for 400 weeks; $5 minimum, $10 maximum. Compensation for Partial Disability. — Proportion- ate, fixed scale. Compensation for Medical and Surgical Aid. — Dur- ing first two weeks ; not over $100. Time for Notice and Claim. — Notice in 30 days; in 90 days if employee can justify delay and employer was not prejudiced thereby. Disputes settled by judge of court of common pleas. Non-resident alien beneficiaries of deceased work- men excluded. NEW YORK. Industries Affected. — All but railroads. Defenses Abrogated. — None; restricts defenses of assumed risks and fellow service; requires proof of con- tributory negligence. 33 System Provided For. — Compensation, elective. How Election Is Made. By Employer. — Writing filed with county clerk. How Election Is Made. By Employee. — Writing filed with county clerk. Cost is on employer. To be compensated disability must continue more than two weeks. Compensation for Death. — Twelve hundred times daily earnings; $3,000 maximum; no dependents, $100. Compensation for Total Disability. — Fifty per cent, of wages (not more than $10 weekly) for not more than eight years. Compensation for Partial Disability. — Fifty per cent, of wage decrease ; same limits as total disability. Compensation for Medical and Surgical Aid. — Only ii employee dies leaving no dependents. Time for Notice and Claim. — Notice as soon as practi- cable, and before leaving service; claim in six months. Disputes settled by arbitration or courts. Non-resident alien beneficiaries of deceased work- men presumably included. If compensation adopted, suits for damages are still permitted in lieu of compensation if employer was guilty of serious or wilful misconduct, or violated safety law. OHIO. Industries Affected. — All employers of five or more workmen. Defenses Abrogated. — Assumed risks, fellow serv- ice, contributory negligence. System Provided For. — State insurance, co-opera- tive, elective. How Election is Made. By Employer. — By payment of premium. How Election is Made. By Employee. — Presumed after employer has posted notice of payment. 34 Cost is on employer, 90 per cent.; employee, 10 per cent. To be compensated disability must continue more than one week. Compensation for Death. — One hundred and fifty dollars funeral expenses; 66 2-3 per cent, of wages for six years; $1,500 minimum; $3,400 maximum. No de- pendents, first aid and funeral expenses. Compensation for Total Disability. — Sixty-six and two-thirds per cent, of wages until death, if permanently disabled; $5 per week minimum; $12 per week max- imum. Compensation for Partial Disability. — Sixty-six and two-thirds per cent, of wage decrease for six years; $5 per week minimum ; $12 maximum ; not over $3,400 in all. Compensation for Medical and Surgical Aid. — Not to exceed $200. Time for Notice and Claim. — To be fixed by board. Disputes settled by State Liability Board of Awards; limited appeal to courts. Non-resident alien beneficiaries of deceased Work- men presumably • included. If compensation adopted, suits for damages are stirl permitted in lieu of compensation if injury be caused by wilful act of employer or failure to comply with safety laws. OREGON. Industries Affected. — All "owners, contractors, sub- contractors, corporations or persons whatsoever," en- gaged in work covering practically the entire range of human activities. Defenses Abrogated. — Additional requirements of employers as to safeguarding leave little, if any, risk to be assumed. Fellow service practically eliminated. Con- tributory negligence not a defense, but "may be. taken into account by the jury in fixing the amount of the damages. ' ' System Privided for. — Employers' liability. 35 RHODE ISLAND. Industries Affected. — All except domestic service and agriculture. Six or more employees. Defenses Abrogated. — If employer does not elect compensation, assumed risk, fellow service and contribu- tory negligence done away with. System Provided For. — Compensation, elective. How Election is Made. By Employer. — By writing to commissioner of industrial statistics. How Election is Made. By Employee. — If employer elects, employee bound unless he notifies employer to the contrary and within 10 days after employer's notice files copy of his notice to employer with said commissioner. Special Contracts. — Permitted on approval of supe- rior court, but no approval permitted for less than ben- efits provided for in act. Cost is on employer, but part payments by employee for additional proportionate benefits. To be compensated disability must continue more than two weeks. Compensation for Death. — Fifty per cent, weekly wages (maximum $10, minimum $4), 300 weeks from date of injury. If no dependents, reasonable expenses of last sickness and burial not exceeding $200. Compensation for Total Disability. — Half weekly earnings (maximum $10, minimum $4), but not over 500 weeks. Certain specific injuries equivalent to total dis- ability. Compensation for Partial Disability. — Half differ- ence between earnings before and after injury (maxi- mum $10 per week), but not over 300 weeks. Compensation for Medical and Surgical Aid. — Rea- sonable medical and hospital service during first two weeks, amount (in case of failure to agree) to be fixed by superior court. Limit $200. Time for Notice and Claim. — Of injury within 30 days, of claim within one year. In case of death or physical or mental incapacity, one year from death or 36 removal of incapacity. Notices in writing. Disputes settled by Superior court. Appeal on ques- tions of law or equity to supreme court. Non-resident alien beneficiaries of deceased work- men included. VERMONT. Industries Affected. — All forms of employment ex- cept domestic service, agriculture and logging. Defenses Abrogated. — Assumed risk partially; fel- low service largely. System Provided For. — Employers' liability act. WASHING-TON. Industries Affected. — "Extra hazardous" (enumer- ated list) ; elective as to all others. System Provided For. — State insurance, compul- sory. Special contracts forbidden. Cost is on employer. To be compensated disability must continue any time. (Law fixes no minimum period.) Compensation for Death. — Seventy-five dollars' fun- eral expenses; spouse receives $20 monthly until death or remarriage; each child up to three, $5 per month. Compensation for Total Disability. — Twenty dollars per month if single ; $25 if married ; for each child up to two, $5 per month. Compensation for Partial Disability. — Proportion- ate; not over $1,500. Time for Notice and Claim. — Claim, in one year. Disputes settled by Industrial Insurance Depart- ment; appeals to courts. Non-resident alien beneficiaries of deceased work- men. — Only father and mother considered. If compensation adopted, suits for damages are still permitted in addition to insurance benefits if injury re- sulted from deliberate intention of employer. 37 WISCONSIN. Industries Affected.— All (casual employees ex- cepted.) Defenses Abrogated. — Assumed risks, fellow service (if four or more employees). Defenses remain if em- ployer elects compensation. System Provided For. — Compensation, elective (compulsory as to the state and its municipalities.) How Election is Made. By Employer. — "Writing filed with State Industrial Accident Board. How Election is Made. By Employee. — If employer elects, presumed in absence of written notice. Special contracts permitted, but no reduction of liability allowed. •Cost is on employer. To be compensated disability must continue more than one week (payment for first week if disability lasts more than four weeks.) Compensation for Death. — Four years' earnings, $1,500 minimum; $3,000 maximum; no dependents, $100. Compensation for Total Disability.— Sixty-five per cent, of wages; if nurse is required, 100 per cent, after 90 days; no total to exceed four years' earnings. Compensation for Partial Disability. — Sixty-five per cent, of wage decrease; no total to exceed four years' earnings. Compensation for Medical and Surgical Aid. — For not more than 90 days. Time for Notice and Claim. — Notice in 30 days, claim in two years. Disputes settled by State Industrial Accident Board. Appeal to courts. Non-resident alien beneficiaries of deceased work- men included. FEDERAL (U. S.)— Passed Senate; referred back to Judiciary committee. Industries Affected. — All common carriers by rail- road in interstate and foreign commerce. System Provided For. — Compensation, compulsory. 38 Cost is on employer. To be compensated disability must continue mora than two weeks. Compensation for Death. — Specified sums (not over 50 per cent, of average wages for eight years) accord- ing to dependency. No dependents, expenses of burial not exceeding $150. Compensation for Total Disability. — Fifty per cent, of monthly wages during life. List of cases given as involving such disability. Compensation for Partial Disability. — Fifty per cent, wages during disability. Certain specified injuries given as involving stated disability. No compensation if employee is earning 90 per cent, of former wages. Compensation for Medical and Surgical Aid. — Dur- ing first two weeks and thereafter with limit of $200 for subsequent period. Time for Notice and Claim. — Notice in 30 days from injury or death ; within 90 days in certain cases ; excused entirely in others. Disputes settled by arbitration committee, subject to review by adjuster appointed by courts. Appeal to courts. Non-resident alien beneficiaries of deceased work- men. — If widow or child not residents, lump sum equal to one year's wages. Other non-resident dependents ex- cluded. 39 APPENDIX II. CONCERNING- THE WORK AND PROGRESS OF SIMI- LAR COMMISSIONS IN OTHER STATES. Commissions considering the subject of Employers' Liability and "Workmen's Compensation have been at work in the States of Texas, West Virginia, Ohio, Dela- ware, Missouri, North Dakota, Pennsylvania, Iowa, Ore- gon, Michigan, Connecticut, Nebraska, Massachusetts and New Jersey, with all of which we have had consid- erable correspondence. The New Jersey and Massachusetts Commissions were merely for the purpose of strengthening and re- framing the first laws enacted in those States. Texas reports that they will ask further time from the legislature and an appropriation sufficient to enable them to take up the subject in a proper manner. West Virginia expects to make a partial report at this session, owing to the fact that the fund appropriated by the Legislature, $5,000, was not sufficient to allow them to make the proper statistical investigation. Delaware made no answer to repeated inquiries, tho' we learned after corresponding with the Pennsyl- vania Commission, that the Delaware Commission would hardly make a report at this session. Their appropria- tion was $1,000. Missouri has had three Commissions at work, cover- ing a period of six years, several members of the pres- ent Commission having been on the former Commissions. They expect to report all bills at this session of the Leg- islature, as well as submit a report. It is the opinion of several members of the Commission that to avoid com- plications with the Missouri Constitution the bill report- ed by them should be referred to a vote of the people. Missouri appropriated an unlimited sum for the use of the Commission. 40 North Dakota appointed a Commission of five and appropriated $1,000 for the use thereof, but we havs been unable to obtain any information regarding its work or probable action. Pennsylvania has had a Commission of seven mem- bers at work for more than two years expending a sum exceeding $15,000, and several of the members were sent to Europe to study the subject in Germany and Great Britain. Their report is to be made to the coming ses- sion of the Legislature and they have seven or eight dif- ferent bills outlined. Iowa's Commission has made its report and recom- mended a bill for consideration by the Legislature. The Commission was limited to a sum not exceeding $15,000. We were informed by the Commission that they have expended in the neighborhood of $8,000 in the work. They held many meetings throughout the State, with manufacturers and laborers and others interested in the subject. The Commission makes a minority and ma- jority report, with two different bills. Connecticut reports a Commission without any ap- propriation; they will ask for a continuance and suffi- cient funds to carry on the work in a proper manner. Nebraska also has a Commission, but repeated in- quiries have failed to elicit any information regarding it. Michigan appointed a Commission two years ago, appropriating an unnamed sum for the work, and the members thereof devoted all their time for more than a year to the work, at a cost of nearly $9,000. Their report and a bill were submitted to a special session of the Legislature last March, and the bill enacted into law. Ohio has had three Commissions at different periods investigating the subject. The cost of the work was in the neighborhood of $18,000, before a bill was finally enacted. New York's first Commission that reported the bill that was declared unconstitutional, served several years at a cost of upward of $20,000, and a Commission is now 41 engaged in securing statistics and other data for infor- mation, and will continue for at least two years more, at considerable expense. Massachusetts had a number of Commissions en- gaged in the work, extending over a period of nearly four years with sufficient appropriations to properly prosecute the work. The last Commission finally com- pleted the task. The same members served practically on all Commissions. Illinois had a large Commission at work for more than two years at a cost of many thousands of dollars, that held meetings of those interested in all centers of the State, for the purpose of securing the proper data and information. Oregon had a Commission appointed by the gov- ernor of the state who, after nearly two years' work sub- mitted a report and recommended a bill to the present session of the legislature. It is understood that the ex- pense, a considerable sum, was paid by the state. "Wisconsin's Commission considered the subject for several years, before finally reporting the present stat- ute. The cost to the state was near $10,000. "Washington had a Commission at work for a year or more, with a sufficient appropriation to properly pros- ecute the work. Kansas adopted its present law, said to be of prac- tically little benefit, after a short consideration by a commission, without facilities for proper investigation. Rhode Island had a Commission considering the sub- ject for a considerable time, before the legislature acted, although no report was published by those engaged in the work. Arizona, California, Indiana, Louisiana, Maryland, Nevada, New Hampshire, Vermont adopted laws without investigation by a Commission. Their laws, however, are practically more in the nature of liability than of com- pensation laws, and much further consideration and amendment will be required to make them effective. 42 APPENDIX III. PRINTED MATTER RELATING TO COMPENSATION LAWS AND KINDRED SUBJECTS. The Commission has received and examined an im- mense number of books, pamphlets, documents, reports, bills, addresses, letters, etc., pertaining to the subject. Many of them have been of no material value but we append a list which will aid any one desiring to investi- gate the subject. REPORTS, BULLETINS, ETC., OP UNITED STATES. Labor Bulletins numbers 34, 40, 58, 82, 84, 85, 90, 91, 92, 93, 96, 97, 101, 102, 103. Twenty-third and 24th Annual Reports of the Bu- reau of Commerce and Labor. Parts 1, 2, 3 and 4 hearings before the Employers' Liability and "Workmen's Compensation Commission, with Volume 2, which contains briefs filed with the Com- mission. Volume I of the Message of the President transmit- ting the report of the Employers' Liability and "Work- men's Compensation Commission. Interstate Commerce Bulletins 40 and 41 showing railroad accidents in the United States. Document containing all decisions, state and na- tional, concerning liability and compensation laws. Document containing letters from railroad employ- ers and others concerning Federal Compensation Law. Report of senate concerning Compensation Law. Senate Document 643, containing laws of foreign countries concerning workmen's compensation. Senate Document 553, part 2, report of the majority of the committee on Senate Bill 5382. 43 REPORTS, BULLETINS, ETC., OF STATES. Tenth Annual Report of the Commissioner of Labor of New York, pages 204 to 214 and 235 to 237. Report Massachusetts Commission on old age pen- sions, annuities and insurance, January, 1910. Volume I, numbers 1, 2, 3 and 3A, Bulletin of In- dustrial Commission of Wisconsin. Statistical Bulletin No. 1 of the Massachusetts Acci- dent Board. REPORTS AND PROCEEDINGS OF COMMISSIONS CONCERNING COMPENSATION LAWS. Wisconsin Commission with notes and full explana- tion. Illinois Commission with brief thereon by Samuel A. Harper of the Commission. Massachusetts Commission report of January, 1911. New York Commission report submitting Compensation Act afterward declared unconstitutional. Michigan Commission report with statistics and copy of bill. New Jersey report of Bureau of Statistics with trea- tise on industrial insurance system of Germany ; message of the governor and report of New Jersey Commission. Connecticut report of Commission. Minnesota report of Commission, January, 1911. Ohio report of Commission in three volumes. Iowa report of Commission and forms sent to manu- facturers and others to obtain statistics. New Jersey, amendments to New Jersey law sug- gested by Commission. Missouri, Red Book, part I, pages 252 to 256 and 260 to 281. New Jersey, report of Commission to March 19. Illinois, letter and table from Secretary of Com- mission. Oregon, report of Commissions. 44 Kansas, letter of A. A. Knapp of the Commission ex- plaining law to date. Iowa, letter from Chairman Clarkson of Commis- sion concerning proceedings. West Virginia, letter from Barton, member of Com- mission, outlining work accomplished. Connecticut, letter from Mr. Russell of the Commis- sion explaining situation in that state. "Washington, report of Commission showing opera- tions of law. Ontario, interim report of the Commission. COMPENSATION LAWS. Arizona, California, Illinois, Indiana, Kansas, Louis- iana, Maryland, Massachusetts, Michigan, Nevada, New Hampshire, New Jersey, New York, Ohio, Oregon, Rhode Island, Vermont, Washington, Wisconsin. U. S. Senate Bill No. 5382. Successive drafts of laws proposed by Pennsylvania Commission. Draft of Compensation Bill prepared by Minnesota Employers' Association. DECISIONS OF COURTS. Supreme Court of Washington sustaining law of Washington. Supreme Court of Wisconsin declaring Wisconsin law valid. Court of Appeals of New York declaring New York law unconstitutional. Supreme Court of United States relating to the lia- bility of common carriers. ADDRESSES, LETTERS, PAPERS AND ARTICLES CONCERNING COMPENSATION LAWS. Letter of Will J. French of the California Indus- trial Accident Board. 45 Briefs of Carman P. Randolph on legal aspects of systematic compensation for industrial accidents. Letter of L. A. Terrall, Chief Examiner Industrial Commission of "Wisconsin. Address of James B. E>rr at Pacific Logging Con- gress, June, 1911. Address of Governor Hay of Washington at con- ference of Governors at Springlake, N. J. Address of Edson L. Lott, President United States Casualty Company of New York, concerning New Jer- sey law. Dr. Predinand Priedensburg on "The Practical Re- sults of Workingmen's Insurance in Germany." Address made at Fifth Annual Meeting of the Lia- bility Insurance Association of State Insurance of Work- men's Compensation for Accidents. Address by Will G. Graves of Spokane, Wash., en- titled "A Novelty in Legislation." Numbers 1, 2, 3 and 4 of the American Labor Legis- lation Review. Proceedings of the Department on Compensation for Industrial Accidents and their Prevention of the National Civic Federation, meeting of December 8, 1911. Statement of P. Tecumseh Sherman concerning Workmen's Compensation Legislation. Statement by same concerning questions arising when formulating compensation law. Letter by same to August Belmont. Statement of the position of the Liability Insurance Companies concerning Workmen's Compensation Act. Brief of Everett P. Wheeler in the New York Court of Appeals concerning law declared unconstitutional. Views of the Legal Committee of the Civic Federa- tion concerning effect of decisions by the New York Court of Appeals. Memorandum submitted by the Law Committee of the National Civic Federation of the Congressional Com- mittee relating to the respective advantages and disad- vantages of various forms of compensation law. 46 Address by William A. Fricke on scope and applica- tion of the Wisconsin law. Article in the American World and Chronical on cost of workmen's compensation. Monthly bulletins of the Fidelity and Casualty Com- pany of New York, 1911, March Number, page 56; April Number, pages 75 and 76 ; September Number, page 169 ; October Number, pages 196 and 200; November Number, page 217 ; 1912, March Number, pages 43, 47, 51 and 52 ; April Number, pages 64, 66, 71 and 74. A study by Edward Bunnell Phelps of the probable cost to the community of workmen's compensation. Harvard Law Review of December, 1911, and Feb- ruary, March and April, 1912, concerning the theory and constitutionality of workmen's compensation laws and the difficulties of the situation to be dealt with. Pamphlet by R. D. Stolle, "Shall the State Engage in the Insurance Business." Address of Frank E. Law, May 12, 1912, entitled "Workmen's Compensation for Accidents." Speeches in the United States Senate during the con- sideration of the bill providing for compensation by rail- roads delivered by Senator Geo. Sutherland of Utah; Senator Nathan P. Bryan of Florida; Senator Geo. E. Chamberlain of Oregon, and Senator Hoke Smith of Georgia. Congressional Report of April 16th, pages, 5091 to 5094; May 2nd, pages 5986 to 5996; May 3rd, pages 6077 to 6091 and 6092 to 6093 ; May 4th, pages 6139 to 6161 ; May 6th, pages 6213 to 6249; May 7th, pages 6377 to 6396. Stanley L. Otis on "Workmen's Compensation." Letter of Edson S. Lott, President U. S. Casualty Company, to Massachusetts Employers Insurance Asso- ciation. Preliminary report of Sir Wm. Meredith of Ontario, Canada, Workmen's Compensation Commission. Pamphlet entitled "Does the Workmen's Compen- sation Law of Ohio Protect the Employers?" etc. 47 U. £ Micl- sylvf Corn- State" Com* Comt_ worki- Conur fi- ll Date Due HBP f Remington Rand Inc. Cat no. 1139 isident ter of Penn, Jersey usetts vania Iowa rmng man. itiou L912. Cornell University Library HD7816.U7C51913 Report of Employes compensation commissi 3 1924 002 403 792