Ufc Nay Digest of Workmen's Compensation Laws 1912 BOUGHT WITH THE INCOME FROM THE SAGE ENDOWMENT FUND THE GIFT OF Henrg HI. Sage 1891 A J loo^'ir 9. Irlii. Cornell University Library HD7816.U6 N27 Digest of workmen's compensation laws, 1 olln 3 1924 032 480 539 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/cu31924032480539 Digest of Workmen's Compensation Laws 1912 A Reference Work for the Legislator, Lawyer, Insurance Expert, Employer and Employee PREPARED BY The National Association of Manufacturers The Manufacturers Association of Connecticut c PREFACE. Workrflen's Compensation legislation has come to stay. To stand in the way of equitable laws is worse than folly. Humane as well as economic considerations demand the early adoption of Work- men's Compensation laws in every State of the Union. If the pro- gressive element among legislators, employers, wage workers, in- surance experts and the public at large do not settle this problem in an economic, efficient and humane fashion, it will be settled for us with a vengeance by the demagogue and agitator. Fourteen States have already enacted Workmen's Compensation laws of one kind or another. There is little uniformity among these laws and their respective merits are problematic. Reasonable uniformity is an essential requirement to the future success of Workmen's Compen- sation legislation in the United States. There is nothing that will promote uniformity and progress more than a general knowledge of laws already enacted. This booklet, giving a complete but concise digest of details of each State, law as compared with similar ones in the laws of other States, should be in the hands of every progres- sive legislator, writer, employer, employee, insurance expert and every student of this important problem, which is second to none in the United States at the present day. Copyright 1912, by Ferd. C. Schwedtman. CONTENTS. Agreements as to Compensation after Accident 5 Aliens, whether included or not 6 Alternative Private Plan as Substitute for Act 7 Arbitration of Compensation 8, 9 Attorneys, Fees of 32 Boards and Commissions of Awards 9, 10, 11 Computation of Installments into Lump Sum 33 Compensation for Death, to whom payable 11, 12 Compensation for Death, Amount of IS, 16, 17, 18, 19 Compensation for Partial Disability, Amount of 39, 40, 41 Compensation for Total Disability, Amount of SO, 51, 52 Constitutionality of Whole as Affected by Parts . .'. 12 Contractors, Liability of Principal to Employees of 13 Costs of Suit, how taxed 14 Death, Compensation for 15, 16, 17, 18, 19 Defenses Abolished 19, 20, 21, 22 Dependents, Who are 22, 23, 24 Disability, Partial, Compensation for 39, 40, 41 Disability, Total, Compensation for 50, 51, 52 Election of Compensation Remedy 24, 25, 26, 27 Employee Defined 27, 28 Employer Defined 28, 29 Exemptions of Employment from Act 29, 30 Insurance, Effect on 31 Insurance, State ' 47, 48, 49 'Interstate Commerce, Effect on Employees Engaged in 31, 32 Liens of Attorneys 32 Lump Sum, How Commuted to , 33 Medical Attendance 34 Medical Examination 34, 35, 36 Notice of Injury 36, 37, 38 Partial Disability, Compensation for 39, 40, 41 Preference of Compensation over other Claims 41, 42 Procedure in case of Dispute 42, 43, 44, 45 Reports of Employers to State Ofiicials 45, 46 Review of Compensation 46, 47 State Insurance 47, 48, 49 Subrogation of Employer to Rights of Employee 49, SO Total Disability, Compensation for 50, 51, 52 Wages, Average, how Computed 52, 53, 54, 55 Waiting Period before Compensation Begins 55 STATES INCLUDED. California. Illinois. Indiana. Kansas. Maryland. Massachusetts. Michigan. Nevada. New Hampshire. New Jersey. Ohio. Pennsylvania — Proposed. Rhode Island. United States — Proposed. Vermont. Washington. Wisconsin. Digest of Workmen's Compensation Laws. AGREEMENTS AS TO COMPENSATION AFTER ACCIDENT. CaL Allowed. Dependents have no interest which Em- Sec. 28 pioyee may not avoid by settlement. 111. If made within 7 days, presumptively fraudulent. Sec. 12 After that time allowed. Xan. Permitted in form provided by Act. Must be in 5ec. 23 writing, signed and acknowledged by the parties. Must specify amount due, and amount to become due. Em- ployer must file same in Court within 60 days or it is void as against Employee. Employer has option of fil- ing. 27 Md. May be made according to contract. Mass. Parties may agree and file memorandum of agree- P^rt 3 jjjgut with Board. If approved by Board, becomes en- ^^'^' forcible as a judgment of the Superior Court. Mich. Must be filed with Board and approved by it. Part 3 Sec. 5 Nevada. Permitted. Dependents have no absolute interest 'Sec. 14 which Employee may not avoid by settlement. Penn. Must be filed in Court. Cannot agree as to commu- Art. 2 tation. Costs of filing as on confession of judgment. Sec. 18 U. I. Must be filed in Court and approved by Judge. May Art. 3 relate only to amount. Can be enforced by execution ^^'^" ^ against property and by contempt proceedings. v. S. Permitted after 14 days, must be in triplicate, in Sec. 8 writing, signed and acknowledged, state the amount of ^^ compensation to be p^id monthly, time for which to be DIGEST OF paid and must accord with Bill. Filed with Adjuster. Form for agreement given. If any payment is not made as agreed, Employee may bring suit thereon or rescind. If Employer does not file same within 60 days, is void- able by Employee. Employee has option to file. ALIENS, WHETHER INCLUDED OR NOT. Cal. Not mentioned, so included. 111. Not mentioned, so included. Ind. Not mentioned, so included. Kan. If not residents of the United States or Canada, Sec. 11 ^750 is the maximum amount payable. Mass. Not mentioned, so included. Mich. Aliens who are non-residents, specifically included. Part 2 Sec. 7 Nevada. Not mentioned, so included. N. Hamp. Beneficiaries must be residents of New Hampshire, Sec. 6 aliens therefore excluded. N. J. Aliens, not residents of United States, excluded. Sec. 11 Ohio Not mentioned, so included. Penn. Alien widows and children, not resident of the cf'' a United States, receive same compensation as resident, except that Employer may make lump sum payment of two-thirds of the amount of all future payments as pay- ment in full. Other aliens are excluded. Sec. 8 K. I. Not mentioned, so included. U. S. Those not residents of United States or Canada ex- ^^'^' cr\ '^'^^^^> except if there is a non-resident widow and no ^ •' resident children, widow receives one year's wages. If non-resident children and no resident widow or children, then non-resident children receive a like amount. Vt. Not mentioned, so included. WORKMEN S COMPENSATION LAWS. Wash. All aliens, not residents of the United States, ex- Sec. 5 (-gp(. parents, excluded. Wis. Specifically included. Sec. 2394-10 ALTERNATIVE PRIVATE PLAN AS SUBSTITUTE FOR COMPENSATION PROVIDED BY ACT. Cal. Act provides that it shall not affect any plan be- Sec. 24 tween Employer and Employee which is to make pro- vision for further benefits than those provided by Act. Other than this no alternative plan is mentioned. 111. Permitted if Employer pays enough to pay as much Sec. IS as provided by the Act, exclusive of cost of maintenance without expense to the Employees. Does not forbid any mutual organization if the Employer pays all the ex- pense. If the Employee is forced to contribute, the plan becomes null and void, and Employer is liable to fine of not less than $10, nor more than $25 for each offense. Kam. Employer and Employee may agree on a mutual ^^'^' in dissociation. Employer must provide at least as much as 4^ provided by Act and expense of management. If Em- 42 ployee contributes he must receive additional benefits 43 equal to his contribution. This relation can only be es- tablished by contract. Certificate for same is issued by Insurance Commissioner with advice of Attorney Gen- eral. Is supervised by Commissioner. Plan must pro- vide for equitable distribution of funds in case plan is wound up. If plan at any time fails to carry out its purpose, certificate can be revoked by Commissioner. Md. The Maryland plan is wholly contractual. Employ- er may cover his liablity by insurance in casualty com- pany. If he has 1500 employees, he may have mutual company. Act provides for various conditions which are to go into insurance contract. Premiums from Em- ployes may be deducted from their wages. R. I. Parties may substitute plan so long as Employer Art. 4 pays 'as much as is provided by Act. Plan must be ap- ^^*^- 2 proved by Judge. If Employee contributes must receive 3 additional benefits. No contract to be made for longer DIGEST OF period than 5 years. Must contain provision for equit- able distribution of money and securities when plan is terminated. May be revoked for cause shown after rea- sonable notice to parties. Wis. Same as California. Sec. 2394-26 ARBITRATION OF CLAIMS FOR COMPENSATION. 111. Three arbitrators. Each side chooses one. Judge Sec. 10 appoints third. Facts must be submitted by parties with- in 10 days. Arbitrators investigate, hold hearing and file their award with State Bureau. Is final except for mistake or fraud. Kan, Sec. 24 Dispute may be left to committee of arbitration by ^ agreejnent. If no decision is. given by committee within 26 60 days, then parties may agree upon single arbitrator, 27 or in case of their disagreement, one may be appointed ^ by the Judge. The agreement for arbitration may name 20 the arbitrator, fix his fees and the time for his decision. 31 Award is only on the amount unless otherwise agreed. The award must be in writing. Notice of the same to be given the parties. Where arbitrator's fee is not agreed on, it is fixed by law at a maximum of $10 per day not to exceed 10 days. Award must be signed and acknowl- edged. Must state the amount due, the amount to be paid and the time for payment. Employer must file the award in Court within 60 days or the Employee is not bound thereby. Employee has option of filing same if he chooses. The award may be cancelled by the proper court within one year on proper cause shown. Fraud, undue influence, error of arbitrator or the fact that the Em- ployee has left the United States or Canada so that no medical examination can be had are sufficient causes. Execution on any judgment on an award may be stayed 6y Employer insuring the liability or by giving a bond for payment. Employee where he is doubtful as to his security may apply for judgment for a lump sum equal to 80 per cent, of the amount due and prospectively to become WORKMEN S COMPENSATION LAWS. Md. Mass. Part Sec. due. Judge may grant same if satisfied that Employee's contentions are correct. Employer may file bond to stay execution. Arbitration by agreement permitted by Act. After an accident the Board notifies parties to each appoint an arbitrator. Member of Board is third and chairman. If either party fails to appoint after 7 days. Board makes the appointment. Hearing is held at place of injury. Decision is filed with Board. Final unless appeal taken within 7 days. Fees of arbitrators, $5 per day, are paid by Association but one-third is deducted from the compensation paid. Arbitrators may appoint physician to make physical examination of Employee. Fee of physician is $5. Have usual powers as to exam- ination of witnesses, etc. Nevada Parties may 'settle disputes by arbitration. Each Sec. 7 gi(jg appoints one. These two choose third. Give hear- ing within 3 months. Make award within 2 weeks there- after. Award is final. 8 U. S. Sec. Parties may organize arbitration committees. ^ Names and addresses of same to be furnished Adjuster. Can have arbitration only by mutual consent. Decision is final. Is filed with Adjuster, who files same in Court. If the committee fails to make an award within 90 days, the matter is taken from it and goes to the Adjuster. Mich. Part 3 6 7 8 10 Same as Massachusetts. BOARDS AND COMMISSIONS OF AWARDS. Cal. Sec. Three members appointed by Governor with con- 12 sent of Senate. Term, 4 years. Salary, $3600 and ex- 13 penses. Expenses must be sworn to and approved by 27 Chairman. Shall keep record of elections and with- drawals. Cause notice of same to be given to Employees. If notice is not actually given. Employees are presumed to have had same. Hears disputes, makes own rules of procedure, compel attendance of witnesses, furnish 10 DIGEST OF blanks for information, record all awards, and further detailed powers. Mass. Industrial Accident Board appointed by Governor Sec. 1 ^j|-h consent of Council. Three members for 6 years. 3 Salary, $6000 and expenses. Makes its own rules of 16 procedure. Hears disputes and is given full powers to Part 3 make same effectual. Decision on facts final. Law questions may be taken to Supreme Court. Mich. Industrial Accident Board appointed by Governor Part 3 with consent of the Senate. Three members, 6 years. ^^"^^ 2 Salary $3500 and expenses. Expenses must be verified 3 and approved by chairman. Not more than 2 to one 4 political party. Makes own rules of procedure. Hears 9 disputes, has seal, may employ assistants, approve all compromises, keeps books of record, give notice of elec- tions and withdrawals, and other detailed powers. Em- ployee presumed to have notice of election and with- drawals whether notice given by Board or not. May ap- point physician to examine employee at expense of State. N. J. Appointed by Governor. Term, 6 years. No salary, Chap. 241 |-,y(- expenses paid. Duty is to watch operation of Act, Laws receive reports, and make recommendations concerning Act. Ohio State Liability Boards of Awards, appointed by Sec. Governor. Three members for 6 year term. Salary, *° 37 $5000 and expenses. Not more than 2 to same political 39 party. Always in session. Makes its own rules of pro- ' cedure, employs assistants, classifies Employers, has charge of State Insurance. May have no other occupa- tion. One member may act for all, but act must be ap- proved by majority. Employer must furnish required information. Board has plenary powers as to obtaining evidence. Must make annual report to Governor under oath of at least two members. Report to contain any recom- mendations. Wis. Industrial Accident Board appointed by Governor Ssc- with consent of Senate. Commissioner of Labor a "j4 member by virtue of his office. Term, 4 years. Salary, 29 $5000 and expenses. Expenses must be sworn to and workmen's compensation laws. 11 approved by chairman. Has seal, makes own rules of procedure, settles disputes, plenary powers for obtain- ing evidence. Keeps record of elections and withdrawals and of awards. Gives notice to Employees, by posting at plant, of elections and withdrawals. If Board fails to gives such notice, Employees nevertheless are presumed to have knowledge of same. COMPENSATION FOR DEATH, TO WHOM PAYABLE. Cal. Directly to dependents or guardians. Sec. 9 (4) 111. To personal representative for dependents. Sec. 4 (2) Kan. Directlv to dependents or administrator. Sec. 14 Mass. (1) Legal representatives, (2) dependents, (3) to per- Sec. 13 son -v^ho paid for last sickness or burial, in order named. Part 2 ^ Mich. Directly to dependents or guardians. If one dies, P^^^t ^ share is pro rated among the others. Sec. 7 Nevada To legal representatives for benefit of dependents, Sec. S (c) (2) public administrator for benefit of those who paid for last sickness and burial. N. Hamp. To legal representatives for dependents, (2) to per- Sec. 6 sQjj ^j^o paid for last sickness and burial. N. J. To executor or administrator. Sec, 12 Ohio May be made to one dependent for the benefit of all. Sec. 29 Penn. Directly to dependents. Sec. 6 R. I. Lega'l representatives, (2) dependents, (3) person Art. 2 ^}jo paid for last sickness and burial. Sec. 15 U. S. Directly to dependents or guardians. Sec. 26 12 DIGEST OF Sec. 3 Wash. Sec. S Wis. Sec. 2394-10 (a) Directly to dependents. Directly to dependents. Directly to dependents or guardians. Payments in all states are made to Employee while alive. CONSTITUTIONALITY OF WHOLE AS AFFECTED BY PARTS. 111. No part to affect any other if it can be given effect Sec. 24 without it. Mich. Part 5 (administration by insurance commissioner) Part 6 (.Q ]3g deemed separate part of Act. It may fail without g affecting any other part. One part not to affect any other if it can be given effect without it. If whole Act is declared invalid, the statute of limitations is saved. N. J. Sections 1 and 2 are declared inseparable. If one Sec. -4 £^jjg ^]^g other must also. Otherwise no part to affect any other. Penn. Articles 1 and 2 are inseparable. If one fails the Art. 3 other must also. Otherwise one part not to affect any S"- 2 ^^^^^_ R. I. No section declared invalid to affect any other if it A""'- ^ can be givfen effect without it. Sec. 4 ^ Wash. If Section 4 (State Insurance Plan) is declared in- Sec. 27 vaHd, the whole Act is to be invalid. Otherwise no part declared invalid to affect any other. Statute of limita- tions saved in case of invalidity. Wis. Section 4 as to Employers and the paragraph fol- Sec. lowing to be deemed separate and should not affect rest of Act if declared invalid. No paragraph to affect any other if it can be given effect without it. Not mentioned in other states. WORKMEN S COMPENSATION LAWS. 13 111. Sec. Kan. Sec. CONTRACTORS, LIABILITY OF PRINCIPAL FOR INJURIES TO EMPLOYEES OF SUB- CONTRACTORS. Principal Employer liable to injured workmen of ^ Contractor if he does not have compensation guaranteed by Contractor. The work done by the Contractor must be in connection with the trade or business of Principal or must be upon premises under his control. Any con- tractor trying to avoid this liability by any device be- comes liable as a principal employer. Principal liable. Work must be in connection with ^ business of principal or on premises under his control. Employee may proceed against either principal or con- tractor. If against Principal, Principal is subrogated to all his rights as against the Contractor. Mass. Principal liable as in Kansas. Where principal pays P^""* ^ the compensation, has direct claim against Contractor. Sec. 17 -p^^g jj^^ ^ppjy ^Q contracts which are merely ancillary or incidental. Nevada Principal liable as in Kansas on basis of wages of Sec. 10 Contractor. Otherwise as in Kansas. Principal liable as in Kansas, except that it only 3 applies under Section 1 (liability part). N. J. Sec. Penn. Art. Sec. Art. Sec. Vt. Sec. Wash. Sec. Principal liable as in Kansas. Principal liable as in Kansas. Contractor is primarily liable. Principal is surety IS for payment. On public contracts the State is surety. If State pays, may collect from contractor. In other states not mentioned, so follows general laws. 14 DIGEST OF COSTS OF SUIT, AGAINST WHOM TAXED. Catl. In discretion of Court. Sec. 21 Kan. Fees of arbitrators taxed or apportioned in discre- Sec. 26 (-JQjj Qf Board. Employer's share paid in first payment of compensation. Arbitrators' fees are first lien on first payment. Mass. In discretion of Court. If suit is brought or de- i"^""*- • ^5 fended without reasonable grounds, whole costs are taxed against loser. Mich. In arbitration, paid by the State. Part 3 f J' Sec. 10 Nevada Against loser together with reasonable attorney fee. Sec. 9 N. Hamp. In discretion of Court. Sec. 9 N. J. In discretion of Court. Sec. 20 Ohio Against loser. Claimant, if successful, is allowed Sec. 36 reasonable attorney fee. Penn. In discretion of Court. Physician's fee for exam- ^^^- ? ination may be taxed as part of the costs. R- !• In discretion of Court. None taxed against infant, ^''*- ^ incompetent, guardian or conservator. U. S. Against loser. Sec. 14 * Wash. Paid out of Fund. If defendant loses, claimant al- Sec. 20 lowed costs, including reasonable attorney and physician fees. Wis. None against Board. As between parties, in discre- ^""2394-22 *'°" °^ ^°"''*- In other states would follow the general laws as to costs. Par. 3 workmen's compensation laws. 15 DEATH, COMPENSATION FOR. Cal. (1) If deceased leave wholly dependents: Sec. 8 3 years' wages— Limits $1000 to $5000. (2) Partly dependents: In proportion to their relative dependency. Maxi- mum 3 years' wages. (3) No dependents: Burial not to exceed $100. (4) If death occurs during permanent disability within 15 years, death benefit shall only be paid where death is the proximate result of the accident. Sec. 4 Par. A lU. ^ (1) .Wholly dependents : 4 years' wages — limits, $1500 to $3500. Dependents within the meaning of this paragraph are lineal heirs to whose support he has contributed within 5 years. (2) Partly dependents: Equals collateral heirs in proportion to the contri- bution made to them.\ (3) No dependents: Burial not to exceed $150. Ind. Commensurate with the injury with maximum Sec. 4, 6 amount $10000. This is liability law. Kan. (1) Wholly dependents: Sec. 11 3 years' wages computed on 30 days prior to acci- dent and 50 times weekly. Limits, $1200 to $3600. If not residents of Canada or United States, maximum is $750. (2) Partly dependents: In proportion to the extent of injury suffered by de- pendents. (3) No dependents: Last sickness and burial not to exceed $100. Md. (1) Wholly dependents: 3 years' wages. Minimum, $1000. (2) Partly dependents: 3 years' wages less 6 times the annual earnings of the dependents. (3) No dependents: Last sickness and burial with limits of $75 to $100. 16 DIGEST OF Mass. Part 2 Sec. 3 Sec. 8 Mich. Part 2 Sec. 5 Sec. 8 Nevada Sec. 5 N. Hamp. Sec. 6 N. J. Sec. 12 1) Wholly dependents: Fifty per cent, for 300 weeks. Weekly limits, $5 to $10. 2) Partly dependents: In proportion to contributions to dependents. 3) No dependents: Last sickness and burial not to exceed $200. 4) Amounts in (1) and (2) doubled in case of serious or wilful misconduct on the part of a Subscriber. 1 ) Wholly dependents : Fifty per cent, for 300 weeks. Weekly limits, $4 to $10. 2) Partly dependents: ' In proportion to contribution to dependents. Same limits. 3) No dependents: Last sickness and burial not to exceed $200. 1) Wholly dependents: If death results within 5 years, 3 years' wages. Based on wages for preceding year. Limits, $2000 to $3000. 2) Partly dependents : Fifty per cent, of that paid in case deceased leaves persons wholly dependent. 3) No dependents: Last sickness and burial not to exceed $300. 1 ) Wholly dependents : 150 weeks' wages based on full time for preceding year. Maximum, $3000. 2) Partly dependents: In proportion to contribution to dependents. 3) No dependents: Last sickness and burial not to exceed $100. . Weekly limits, $5 to $10, except where wages are ess than $5 weekly, then payment in full. Period 300 weeks. 1) To widow alone, 25 per cent.; if one child, 40 per cent ; for each additional child, 5 per cent. ; maxi- mum 60 per cent. 2) To child alone, 25 per cent. ; for each additional child over 2, 10 per cent., with maximum of 60 per cent. workmen's compensation laws. 17 (3) To widow and father or mother, 50 per cent. (4) To grandparents, grandchildren, or incapacitated brothers and sisters, 25 per cent. (5) Payments to children cease when they become 16. Aliens not residents of United States excluded. (6) No dependents : Last sickness and burial not to exceed $200. Ohio (1) Wholly dependents : Sec. 28 jf (jeath occurs within 2 years, % weekly wages for 6 years. Limits, $1500 to $3400. (2) Partly dependents: Two-thirds weekly wages for such part of 6 years as the Board may decide. Maximum, $3400. (3) No dependents: Last sickness and burial not to exceed $150. Penn. Period 300 weeks. Wages not to be over $20 weekly Sec 6 °^ '^^^ ^^^^ ^^^- ^^^^ Hmited following amounts are paid : (1) Orphan, 25 per cent.; for each orphan over 2, 10 per cent additional, with maximum of 60 per cent. (2) Widow or widower alone, 25 per cent. ; same with 1 child, 40 per cent. ; for each additional child, 5 per cent., with maximum of 60 per cent. (3) Father or mother who are dependent, 20 per cent. (4) Brothers or sisters under 16 or over 16 and depend- ent, for 1, 15 per cent.; for each additional one, 5 per cent., with maximum of 25 per cent. (5) No dependents: Last sickness and burial not to exceed $200. Payments are made to children under 16 or over 16 where they are mentally or physically inconipetent. Payments are made to widowers only when they are incompetent and dependent upon the deceased. Payments to widows or widowers cease on death or remarriage, but payments are continued to chil- dren as if they were orphans. R. I. (1) Wholly dependents: Art. 2 pjf(.y per ^ent. for 300 weeks. Weekly limits, $4 ^^"^ ^ to $10. 18 DIGEST OF (2) Partly dependents: In proportion to contribution to dependents for same period. (3) No dependents: Last sickness and burial not to exceed $200. U. S. Period 8 years. Payments are made monthly. Sec. 21 Maximum and minimum monthly wages are $100 and ^ $50. ( 1 ) Widow alone, 40 per cent. ; with child, 50 per cent. (2) Orphan, 25 per cent. ; each additional child, 10 per cent., with maximum of 50 per cent. (3) One parent, if partly dependent, 15 per cent.; if wholly, 25 per cent. ; if two parents, 40 per cent. (4) Brothers and sisters, if but one, 20 per cent. ; if more than one, 30 per cent; if partly dependent, 10 per cent. (5) Non-resident widow and no resident children, 1 year's wages. (6) Non-resident children and no resident widow or children, one year's wages. (7) If monthly compensation does not exceed $15, then funeral expenses not to exceed $75. (8) No dependents : Funeral expenses not to exceed $150. Payments to children cease at 16, or if over 16 and mentally or physically incompetent, when th^y cease to be so. Aliens not resident of the United States or Canada excluded except as in (S) and (6). If widow dies or remarries, children take for unex- pired term. Sec. 23 In case of death not immediate and during con- tinued disability, balance unpaid of death claim must be paid. Vt. Maximum for injury alone, $4000. For injury and Sec. 2 death combined, $5000. Where death is instantaneous, minimum is $500. Damages to be determined with ref- erence to culpability of Employer. Wash. Payments are made monthly. Sec. 5 (1) Widow or invalid widower, $20 until death or re- marriage; for each child, $5 additional, with maxi- workmen's compensation laws. 19 mum of $35. On remarriage of spouse, receives lump sum of $240. Payments to children continue in case of death or remarriage, but doubled, and ceases when they become 16: (2) If deceased were unmarried, $20 to parents until he would have become 21. (3) For each child under 16, $10^, with a maximum of $35. (4) Partly dependents: Fifty per cent, of amount actually contributed in the preceding 12 months. (5) In all accidents resulting in death, burial not to ex- ceed $75 is paid. (6) No dependents: Burial not to exceed $75. Wis. (1) Wholly dependents: ^"' 9^04 o "•• y^^^^' ^^§^^- ^jy4-y ^2) Partly dependents: • In proportion to contributions made by deceased. (3) No dependents: Burial not to exceed $100. (4) If death results during continued disability, balance of 'death benefit must be paid to those wholly de- pendent, and a proportionate part to those partly dependent. (5) If injury results from failure of Employer to con- form to safety statute, the amount in (1) and (2) is increased 50 per cent., but not if Employee is to blame for not using safety device. In latter case the Employee's compensation is reduced 10 per cent. 2394-10 (6) Annual wages are limited from $375 to $750. DEFENSES ABOLISHED. Cal. (1) Fellow servant. Sec. 1 (2) Trade risk. (3) Doctrine of comparative negligence obtams. 3 (4) Contributory negligence is abolished absolutely in case of violation of a statute for the safety of Em- ployees. 2 (5) Wilful misconduct is still defense under compensa- tion part of Act. 20 DIGEST OF 111. Sec. Par. Sec. Ind. Sec. (1) Fellow servant. 1 (2) Trade risk. 8 (3) Contributory negligence reduces damages. (4) If injury was deliberate intention of Employee, there can be no compensation. (1) Fellow servant modified. ^ (2) Trade risk modified. (3) Contributory negligence if Employer violates safety statute or lawful order. Burden of proof of same on Employer. Question of fact for jury. Kan. (1) Fellow servant. Sec. 46 (2) Trade risk. (3) Contributory negligence reduces damages. (Only when Employer does not elect.) Sec. 47 (4) None are abolished if Employee does not elect Act, but if injury is result of gross negligence of Em- ployer or some managing officer or the violation of safety statute, the defenses are taken away. Sec. 1 (b) (5) Deliberate intention, failure to use safety device, breach of safety statute, and intoxication are still defenses under the compensation part of Act. Sec. 8 (6) Only applies when there are 15 or more Employees. (1) Fellow servant, j (2) Trade risk. 2 (3) Contributory negligence. 2 (4) Serious or willful misconduct still defense under Act. Mass. Part Se.c. Part Sec. Mich. Part Sec. Part Sec. (1) Fellow servant. J (2) Trade risk. 2(3) Contributory neghgence except if willful. 2 (4) Willful misconduct still defense under Compensa- tion part of Act. (1) Fellow servant. 1 (2) Trade risk. (3) Comparative negligence applies. (4) If Employer violates safety statute, contributory negligence abolished entirely. N. Hamp. (1) Fellow servant modified by narrowing scope. Sec. 2 (2) Trade risk. Nevada Sec. workmen's compensation laws. 21 (3) Violation of statute, serious or willful misconduct, intoxication, still defenses. N. J. (1) Fellow servant. If^- J ^ (2) Trade risk. ' 7 (3) Willful misconduct,, self-inflicted injury and intoxi- cation, still defenses. Ohio (1) Fellow servant. Sec. 21-1 (2) Trade risk. (3) Contributory negligence. (Only abolished when Employer does not elect Act. Must have 5 Employees.) Penn. (1) Fellow servant. Art. 1(2) Trade risk. 3 (^) Negligence of persons licensed by state is negli- , 5 gence of Employer. (4) Contributory negligence except if willful and bur- den of proof of same on defendant. R. I. (1) Fellow servant. Art. 1 (2) Trade risk. Art 2 (^) Negligence except if willful. Sec! 2 (4) Refusal to use safety device, violation of safety law, and intoxication, defenses under compensation part. U. S. (1) Employer made liable for all injuries from what- Sec. 1 ever cause except. Willful intention or intoxication while on duty re- main defenses. Vt. (1) Fellow servant modified by limiting number of per- Sec. 1 sons who could be called fellow servants. (2) Trade risk modified. Sec. 8 (3) If Employee knew of defect and failed to give notice of same within a reasonable time, trade risk is still a defense. Wash. (1) Fellow servant. Sec. 8 (2) Trade risk. (3) Comparative negligence obtains. Sec. 6 (4) Willful intention is still defense. If injury is deliberate intention of Employer, Em- 22 DIGEST OF ployee may take compensation or sue at law. Sec. 8 (5) Same as (4) where Employer defaults payments. Wis. (1) Fellow servant if 4 or more Employees. S^^- 2394 1 (2) Trade risk. 4 (3) Serious or willful misconduct still defense under compensation part. In all states there is the general qualification that the injury must result to the Employee in the course of his employment. DEPENDENTS, HOW DEFINED. Cal. Conclusive: husband, wife, child under 18 or over Sec. 9 ig jf dependent. Others according to facts. Those wholly dependent exclude those partly de- pendent and share equally. Those partly dependent share according to their relative dependency. 111. Wholly dependents: widow, children, parents and Sec. 4 lineal heirs to whose support he has contributed within 5 years. Partly dependent: collateral heirs who are in part dependent. Ind. Widow, husband, child — then parents — then next of Sec. 1 kin_ Kan. Widow, husband, children, step-children, parents. Sec. 9 step-parents, grandparents, grandchildren, including step-grandchildren, brothers and sisters of whole or half-blood. Adopted children are included. Md. Widow, husband, lineal descendants and ancestors, step-parents and step-children, brothers and sisters of whole and half-blood. Mass. Conclusive: husband, wife, child under 18 or over l^a^^t 2 18 if dependent. Others according to facts at time of accident. Wholly take to exclusion of partly and share equally. workmen's compensation laws. 23 P^""* S Partly share according to relative dependency. ^^"^^ Must be member of family or next of kin. ^ich. Conclusive: husband, wife, children under 16 or Part 2 QYgj. iQ jf dependent. Others according to facts at time of injury. Wholly exclude partly and share equally. Partly share according to relative dependency. Must be member of family, ancestor or lineal de- scendant. Nevada Wife, husband, father, mother, sister, brother. Sec. 2 children and grandchildren, if wholly or partly depend- ent. N. Hamp. Widow, children or parents, residents of State. Sec. 6 N. J. Widow, children under 16, father, mother, grand- Sec. 12 parents^ grandchildren, incapacitated brothers and sis- ters. Must be residents of United States. Ohio Not specified, so follows general law. Penn. Orphans, widow, widower, father, mother, brothers ^'''^- ^ and sisters, sisters under 16 or over 16 if dependent. Sec. 6 R. I. Conclusive : wife, husband, children under 18. •^rt. 2 Others according to facts at time of injury. 8 Wholly exclude partly and share equally. Partly share according to relative dependency. U. S. Those entitled under Act to compensation and legal ^^"^^ ?i representatives of deceased. Also guardians of infants and conservators of incompetents. Vt. Widow and next of kin. Follows general law. Sec. 3 Wash. , Husband, widow, boy under 16, daughter under 18, Sec. 3 parents, grandparents, grandchildren, step-parents and step-children, brothers and sisters of whole or half- blood, nieces and nephews, posthumous and illegitimate I children, included. Sec. 5 Husband or wife living in state of abandonment for 1 year prior to accident not included as dependents. 24 DIGEST OF Wis. Conclusive: wife, husband, child under 18. Sec. Others according to facts at time of injury. 2394-10 Children wholly dependent exclude those partly and share equally. Partly share according to relative dependency. Must be member of family, lineal ancestor or de- scendant, or brother or sister. In all above cases a child over 16 dependent, means one who is mentally or physically incapable of earning a living. ELECTION OF COMPENSATION REMEDY. Cal. Employer by notice in writing to Board. Binds Sec. 5 £q]. Qjjg yg^]- from date and annually thereafter. May withdraw election by 60 days' notice in writing to Board before end of year. Sec. 7 Employees of municipal corporations conclusively presumed to elect. All other Employees who do not give notice to their Employers that ±hey -do not intend to be bound. Sec. 3 In case of gross negligence on the part of the Em- ployer or his violation of any safety statute, an Em- ployee may elect under Act or at law. 111. Employer is presumed to elect unless he gives Sec. 1 notice otherwise to State Labor Bureau. Is bound an- nually. May withdraw presumptive acceptance by 60 days' notice to Bureau and posting notice of same in his plant. Employees are also presumed to be bound unless they give notice otherwise to Bureau. Employer is noti- fied of such refusal by Bureau. Before Employee can bound the Employer must post in his plant a notice con- taining the compensation provisions of the Act. Ind. Employer has none. Sec. 11 Employee can elect before suit and after accident. Kan. Employer files notice of election with Secretary of Sec. 44 State. Binds for one year and annually thereafter. Withdrawal on 60 days' notice and posting same in plant. WORKMEN S COMPENSATION LAWS. 25 Sec. Sec. Sec. Mass. Part Sec. Mich. Part Sec. 45. Employee presumed to elect unless notice otherwise to Employer. Withdrawal by notice to Employer. Employer may not make election condition of em- ployment. 2 If negligence is that of Employer or managing officer, the Employee may elect remedy after accident. 8 Joint election is permitted where less than 15 are employed. Employer elects by becoming a Subscriber. S Employee unless he gives notice otherwise to Em- ■ ployer at time of hiring, or within 30 days after Em- ployer becomes a Subscriber. Refusal may be with- drawn by similar notice which takes effect in 5 days. Sec. 8 Nevada Sec. 11 Employer by filing notice with Board and specify- ing method of payment to be used. Binds for one year and. annually thereafter. Withdrawal on 60 days' no- tice and posting in plant. Notice o'f election must also be posted within 10 days after approval by Board. Employees of muriicipal corporations conclusively bound. All other employees unless notice otherwise to Employer, or if they remain in employ for 30 days after Employer elects. May withdraw refusal by similar notice which takes effect in 5 days. Employer has none. j Employee may elect after accident whether to take under Act or at law. N. Hamp. Employer by filing notice with Labor Commissioner Sec. 3 a^ji(j posting notice of same in plant. Must satisfy Com- missioner of his financial ability or give bond. May withdraw on like notice and posting. Employee may -elect after accident but before suit. N. J. Both employer and employee presumed to be bound Sec. 9, 10 a,s regards future contracts unless notice be given to the Chap. 368^^j^^j. Withdrawal may be had on 60 days' notice. Makes it apply also to existing contracts. 26 DIGEST OF Ohio Employer elects by paying into insurance fund and Sec. 20-1 posting. Employee by remaining in service after notice that the Employer has elected. Applies only where at least 5 are employed. Sec. 21-2 If the injury is caused by the wiUful act of the Em- ployer or his violation of a safety statute, then Employee may elect Act or sue at law. Art. 2 Sec. 3 Penn. ^ Both presumed to accept unless notice otherwise is served on other party. Proof of service is to be under oath and filed with Bureau of Industrial Statistics within 10 days. Applies to existing contracts unless similar notice be given and filed. In case of minors notice is given by or to parents or guardian. No governmental authority or official may serve notice on any other gov- ernmental employee. Applies also to Employees of con- tractor unless Employer posts notice that he will not be bound and files same with Bureau. Sec. 5 Withdrawal of election on 60 days' notice in writ- ing. Copy of notice and proof of service to be filed with Bureau. R. I. Employer by notice to Commissioner and posting. ^'^^- J Binds for one year and annually thereafter. With- ^^'^- drawal on 60 'days' notice. Sec. 6 Employee unless he gives notice otherwise to Em- ployer and within 10 days files copy of notice with the Commissioner. Becomes bound for one year and an- nually thereafter as Employer. Withdrawal on same terms as Employer. U. S. Compulsory, no election for either party. Vt. Employer has none. Sec. 9 Employee may elect before suit brought. Wash. Employer has none. Sec. 8 Employee may elect before suit. In non-hazardous industries Employer and Em- ployee may elect jointly on basis of 90 per cent of that paid by extra hazardous. workmen's compensation laws. 27 Wis. Employer by filing notice with Board. Binds for • 2394.6 °^^ y^^^ ^^'^ annually thereafter. Withdrawal on 60 days' notice before end of year. V -29 Notices of such elections and withdrawals to be given Employee by Board by posting in plant. Em- ployees presumed to have knowledge if Board fails to do so. -8 Employees of municipal corporations conclusively bound. All others unless notice otherwise in writing to Employer. Remaining 30 days after notice that Em- ployer has elected constitutes an election by the Em- ployee. In states where employees of municipal corporations are bound, officials are excepted. EMPLOYEE, DEFINITION OF. Cal. All employees of state, county, etc., except officials Sec. 6 elected or appointed for term of one year or more. All other employees who elect. lU. One employed in specified industries whose work is Sec. 21 jjQj casual or incidental. Clerical or administrative em- ployees who are not exposed to the hazard of the indus- try excepted. Ind. Not mentioned, so presumably all employees. A liability law. Kan. All persons for hire except casual employment and Sec. 7 ^Yi^^ jjqj fQj. purpose of business. Includes legal repre- sentatives of deceased employees and guardians. Mass. Any person for hire except casual employment and Part 5 tj^j^ jjQ^ Iqj. purpose of trade, business, etc. Includes legal representatives. Mich. All employees of State, County, etc., except officials. Part 1 Does not include employees of contractor doing work for same. All other employees who elect. Nevada All employees in specified industries. Includes per- ^^*^' ^ sonal representatives of deceased. N. Hamp. All employees in specified industries. 28 DIGEST OF N- J- All persons who work for hire except casual em- Sec. 23 ployment. Ohio All employees who elect. Penn. Employee is synonomous with servant. Includes Sec. 1 j|i natural persons who serve for hire except casual employment. Does not include bailees for hire not on premises under control of employer. R- I. All persons who serve for hire, except casual em- Art. 5 ployment and that not for purpose of trade, business, etc. If salary over $1800, excluded. U. S. Includes apprentice. Excludes casual employment Sec. 2/ j^nd that not for purpose of trade. Includes legal repre- sentatives. Vt. Not mentioned, so presumably includes all. Wash. All persons employed in specified industries whether Sec. 3 {jy ^2lj of manual labor or otherwise, and whether on premises or otherwise. If injury occurs away from premises, option as to proceeding under Act or against party liable. Wis. All employees of State, etc., except officials. Em- 9TO4 7 P'"^ysss of contractors doing work for municipal corpor- ation not included. Excludes casual employment and that not for purpose of trade, business, etc., of employer. EMPLOYER, DEFINITION OF. Cal. All municipal corporations. ^^'^^ ^ All other employers who elect Act. 111. All employers in specified trades. Sec. 2 Ind. Every person, firm, corporation, trustee, receiver. Sec. 9 having anyone in their service for hire. Must employ 5 employees. Kan. Every person, body of persons whether corporate Sec 8 Qj. incorporate, legal representatives, trustees and receiv- ers in specified industries. Must employ IS employees. workmen's compensation laws. 29 Mass. All employers who elect, including legal representa- Part 5 tives of deceased employer. Mich. All municipal corporations. Part 1 j\ii other employers who elect Act. Sec. 5 Nevada All persons, body of persons, whether corporate or Sec. 2 incorporate, including legal representatives of deceased employer. N. Hamp. All employers who elect Act. Sec. 3 N. J. Persons, partnerships and corporations who elect Sec. 23 Act. Ohio All employers having at least 5 employees, who elect Sec. 20-1 Act. Penn. Employer is synonomous with master. Includes ^'■*- Y natural persons, joint stock companies, corporations for profit, corporations not for profit and municipal corpora- tions. Exercise and performance of the powers and duties of a local or other authority shall be treated as the trade or business of the authority. R. I. Natural persons, body of persons whether corporate ^'■*- 5 or incorporate. Must employ 5 employees. Sec. 1 Wash, Natural persons, partnerships, corporations, legal Sec. 3 representatives of deceased employers in specified trades. 'See. 17 Includes municipal corporations when engaged in extra hazardous industries. Wis. All municipal corporations. Sec. All other employers who elect Act. EXEMPTIONS FROM COMPENSATION LIABILITY. Cal. Casual employment and that not for the purpose of Sec. 6 thg employer's trade or business. 111. Casual employment and that not for the purpose of Sec- 21 tj^g employer's trade, business, profession or occupation. 30 DIGEST OF Clerical or administrative work which does not expose to the hazards of the business. Ind. Applies only to specified industries. Where there Sec. 1 3j-g iggg ^j^^j^ 5 employees the Act does not apply. Kan. Applies only to specified industries. Where there Sec. 8 ^fg jggg ^jjj^jj 25 employees the act does not apply. Md. Act is entirely contractual. Mass. Domestic service, agriculture, casual employment. Part 1 Sec. 2 Mich. Domestic service, agriculture, casual employment ^^''*^ „ I and that not for the purpose of the employer's business. Nevada Applies only to specified industries. N. Hamp. Applies only to mechanical or manual labor in speci- Sec. 1 f^^gfj industries. N. J. Casual employment. Sec. 23 Ohio Applies only to employers having 5 or more em- Sec. 20-1 ployees. Penn. Casual employment and bailees, for hire not on rtri. o premises. ^- I- Domestic servants, agriculture, casual employment. Sec' 2 3 ^^' employees earning over $1800 annually, and all em- ployments where less than 5 are employed. U- S. Casual employment and that not for the purpose of Sec. 27 the employer's trade or business. A willful act of an- other for reasons personal to the injured employee does not come within the Act. Vt. Domestic service, farm laborers injured by fellow Sec. 11 servant, and logging. Wash. Applies only to specified industries. ^'s. Casual employment and that not for the purpose of 2394-7 ^^ employer's business. workmen's compensation laws. 31 INSURANCE, EFFECT OF ACT ON EXISTING. Cal. Existing insurance contracts between Employer and Sec. 24 Employee are not affected if Employer pays as much as Act provides. Does not affect any mutual organization of Employees. All insurance contracts are to be made in view of Act. 111. Existing insurance contracts between Employer and Sec. IS Employee are not affected if Employer pays as much as Act provides. Does not affect mutual organizations of Employees. Employer may not withhold wages to pay insurance. Kan. Where Employer reinsures his liability, the Insur- Sec. 34 ajice Company is subrogated to all the rights of the Em- ployer under Act so far as appropriate. Md. Plan is wholly one of insurance. No insurance which any Employee may have is to ^ be considered in making payments under the Act. Mass. Part 2 Sec. 12 Mich. Part 1 Sec. 13 Part 4 Sec. 2 An existing insurance between employer and em- ployee not affected if employer pays as much as provided by Act. All insurance contracts to be made in view of Act. Act is not to affect any employers' mutual company. Compensation shall not be reduced because of other in- surance of employee. For details of Employers' Mu- tual Company see House Act No. 5. R. I. Any other insurance of any kind held by Employee ^^^- 2 not to be taken into consideration in fixing compensa- S^'^- l'^ tion. Wis. All insurance contracts to be made in view of Act. Sec. »Comp5iny insuring liability must be approved by Com- missioner. -27 INTERSTATE COMMERCE, EFFECT OF ACT ON EMPLOYEES ENGAGED IN. Kan. Not to affect. Sec. 27 ,. ,, Mich. Applies in so far as applicable. Part 6 . Sec. 4 32 DIGEST OF U. S. Affects only interstate commerce. Wash. Not to affect. Employer and Employee may volun- Sec. 18 tarily and jointly accept Act if not forbidden by Federal Statute. In other states not mentioned. LIENS OF ATTORNEYS. 111. None unless amount approved by Judge in writing. Sec. 11 Kan. None unless approved by Judge in writing. Sec. IS Provision for approval by Court. oo Mass. Fees of attorneys and physicians to be approved by P^'-t 3 Board. Sec. 13 Mich. Fees of attorneys must be approved by Board. Part 3 Sec. 10 N. Hamp. None unless approved by Judge in writing. Sec. 11 N. J. None unless approved by Judge in writing. After Sec. 6 amount has been approved by Judge if notice is given to Employer, then attorney has lien. Penn. None unless approved by Judge in writing. If ^''*- ^ amount is approved and notice given to Employer, then ^'^' attorney has lien. Court to fix the amount of such fee to be paid from each installment of compensation until paid. U. S. Must be approved by Adjuster in writing. Adjus- Sec. 14 ^gj. fnust fix fee in each case notwithstanding any agree- ment. Fee must not exceed a reasonable one. R- I. Amount must be approved by Judge of Superior ^■■t- 2 Court. Sec. 3 Wash. None unless amount approved by Judge in writing. Wis. None exceeding 10 per cent, unless approved in ^*%394 22 "^"^^"S '^y Board prior to suit. WORKMEN S COMPENSATION LAWS. 33 111. Sec. Kan. Sec. LUMP SUM, HOW INSTALLMENTS COMMUTED TO. After payment of installments for 6 months may be -,5 granted in interests of justice. After payments of installments for 6 months, a lump 22 sum payment of 80 per cent, of amount which would be payable may be granted for cause shown. After 6 months, parties with approval of Board, ^ may agree on lump sum payment for whole liability. Mass. Part Seic. Mich. After 6 months' payment of installments, a lump ^^■^t ^^ sum for balance due computed at 5 per cent, may be granted by Board. Parties may also agree upon lump sum with approval of Board. N. Hamp. Sec. 9 At any time by Court upon cause shown. N. J. Sec. Ohio Sec. Penn. Art. Sec. R. I. Art. Sec. Art. Sec. U. S. Sec. Wash. Sec. 34 2 16 At any time upon application of either party if in 21 the interest of justice. At any time in discretion of Board. At any time on application of either party in inter- est of justice. A sum for all future payments may be paid to any Savings Bank, Trust Co., or Life Insurance Co., authorized to do business in this state to be held in trust for dependents. This releases Employer from all liability on the claim. Trustee must pay out same as provided in Act. After six months for cause shown. Non-residence 2 or removal from state is sufHcient cause. To be com- 3 puted on basis of 5 per cent, with annual rests. 19 In case of non-residence, payments may be made monthly or quarterly instead of weekly. After 6 months for cause shown. To be computed 29 at 5 per cent, with annual rests. At any time computed according to American _^or- S tality Table. Non-residence sufficient cause. Maximum $4000. 34 DIGEST OF MEDICAL ATTENDANCE FOR INJURED EMPLOYEES. Cal. For 90 days. Maximum $100. If Employer fails to Sec. 8 furnish same, may be furnished by Employee and Em- ployer liable. 111. For 8 weeks. Maximum $200. Sec. S Mass. Reasonable as needed, during waiting period of 2. Part 2 -yireeks. Sec. 5 Mich. Reasonable for 3 weeks. Part 2 Sec. 4 N. J. For two weeks. Maximum $100. Employer not Sec. 14 liable for same if Employee refuses same. Ohio Reasonable not to exceed $200. Sec. 33 Penn. Two weeks. Maximum $25. Art. 2 Sec. 9 R. I. Reasonable for two weeks. If Employer and Em- ^"■t- ^ pioyee fail to agree on cost of same, to be fixed by Court. U. S. Reasonable during waiting period of 14 days with Sec. 4 maximum of $200, unless refused by Employee. Wis. Reasonable for 90 days. If Employer refuses to S^*^- furnish same. Employee may have same furnished at ex- pense of Employer. In all states mentioned above the Employer pays the expense. In other states not mentioned. MEDICAL EXAMINATION, DETAILS OF Cal. On request of Employer from time to time. May Sec. 11 have his own physician present. Compensation sus- pended during refusal. If refused physician of Board, compensation forfeited for period of refusal. 111. As soon as practicable after accident. Thereafter Sec. 9 not oftener than once in 4 weeks. Employee may have workmen's compensation laws. 35 own physician present. No compensation during re- fusal. In case of disagreement may call in third physi- cian or judge may appoint third. Ind. No provision for examination. Kan. Not oftener than once in two weeks. Employee Sec. 17 j^^y j^^yg Q^jj physician present. Either side entitled to report of physician of other. No compensation during refusal. 18- If the physicians disagree, Court may appoint third ^^ to be paid by parties. If no opportunity given to either side to have their physician present, the other physician may not testify as to his examination. Examining physi- cian to give certificate to both parties. Not admissible as evidence unless supported by oral testimony of phy- sician. Md. As provided in contract of employment. Mass. From time to time. Employee may have own phy- ^^•■^ ? sician present. No compensation during refusal. Mich. From time to time. Employee may have own physi- Q^"^* 10 '^i^^ present. No compensation during refusal. Physi- ^'^' cian making examination may be compelled to testify. Nevada Within 3 weeks. Thereafter not oftener than once Sec. 7 jfj 5 weeks. No compensation during refusal. N. Hamp. Within 2 weeks. Thereafter not oftener than once Sec. 7 a week. No compensation during refusal. Reasonable from time to time. May have own phy- sician. No compensation during refusal. No provision for same. Reasonable from time to time. May have own phy- sician. No compensation during refusal. Reasonable from time to time. May have own phy- sician. Compensation forfeited during refusal. On ap- plication Judge may appoint physician to make examina- tion at expense of applicant. Makes a sworn report which is filed with Court and which is admissible as evidence. N.J. Sec. 17 Ohio Penn. Art. Sec. 2 12 R. I. Art. Sec. 2 21 36 DIGEST OF U. S. Reasonable from time to time. May have own phy- Sec. 10 sician. No compensation during refusal. Employer may have autopsy at his own expense. Examination must be made within 2 years. Reports of examining physicians must be furnished to other side. Vt. Not mentioned. Wash. Reasonable from time to time. No compensation Sec. 13 during refusal. Wis. Reasonable from time to time. May have own phy- Sec. sifian. No compensation during refusal. General qualifications. Examination is held at request of Employer who always pays for examining physician. When Employee has his own, he pays for him himself. Examination must be at reasonable place within the state and by phy- sician licensed by the state. NOTICE OF INJURY. Cal. Within 30 days. To contain facts of injury. May Sec. 10 ]-,g served personally or by registered mail. Failure or defect of notice is bar only so far as it prejudices Em- ployer. Claim must be made for compensation within 6 months after injury or death. Payment of any com- pensation within 30 days is equivalent to notice. 111. As soon as practicable. Claim must be made within Sec. 14 5 rnonths of injury or death. If the accident only causes temporary disability, the notice must be within 30 days. Defect is bar only so far as Employer is prejudiced- Where death or incapacity results, notice must be within 6 months. To contain facts of accident. May be served personally or by registered mail. Ind. Follows general statutes. Claim is barred in 2 years. Sec. 8 Kan. Within 10 days. To contain facts of accident. Sec. 22 Qaim must be made within 6 months. May be served personally or registered mail. Want or defect only bar so far as Employer is prejudiced. Md. As provided in contract of employment. WORKMEN S COMPENSATION LAWS. Mass. As soon as practicable. To contain facts of acci- g '^^ -? dent. May be served personally or by registered mail. 16 17 18 Claim for compensation to be made within 6 months. Defect only bar when Employer is misled. Want of same is no bar if Employer had actual knowledge. Mich, Within 3 months. To contain facts of accident. Part 2 ]y[^y ^,g served personally or by registered mail. Defect 16 17 18 ''^ same is bar only .when Employer misled. Want of same is no bar if Employer had actual knowledge. Claim must be' made within 6 months. Nevada As soon as practicable. To contain facts of acci- Sec. 4 (jgjjt. May be served personally or by registered mail. Want or defect in same is bar only as far as Employer is prejudiced. Claim must be 'made within 6 months. N. Hamp. As soon as practicable. Must be during disability Sec. S ^jj(j before leaving employment. Want or defect is bar only so far as Employer is prejudiced. To contain facts of accident. May be served personally or by registered mail. Claim must be made within 6 months. * N. J. Within 14 days. If given within 30 days is good Sec. IS SQ f^j. ag Employer is not prejudiced. If good cause is shown for the delay and the notice is given within 90 days, the notice is good so far as the Employer is not prejudiced. If not given within 90 days, compensation is barred. May be served personally or by registered mail. To contain facts of accident. Ohio In case of death or injury which keeps Employee Senate from work more than 2 days, the Employer shall file No^ 61 notice with the Factory Inspector within 3 days, setting forth the facts required by the Act. Within 6 months after death or the returning to work of the Employee, the Employer must file a supplementary report of facts required by Act. Failure, $50 to $100 fine for first of- fense. All later offenses fine of $200 to $500. Penn. Same as New Jersev, which see. Art. 2 Sec. 10, 11 38 DIGEST OF R- !• Within 30 days. To contain facts of accident. May o*^'- ^- ,o be served personally or by registered mail. Defect bar 19 20 °"^y when Employer is misled. Failure to give is ex- cused for reasonable cause. Claim must be made within 1 year. U. S. Within 30 days. To contain facts of accident. For Sec. . 7 cause shown may be given not later than 90 days. None required if Employer has actual notice. None required if death results within" 24 hours. Defect is bar only when Employer is prejudiced. Form given, but varia- tions from that form, not material. May be served per- sonally or by registered mail. Vt. Within 60 days and action commenced within 2 Sec. 6 years. If because of incapacity notice cannot be given within 60 days, it may be given within 30 days after the removal of incapacity. If death results and Employee at no time for 30 days was capable of giving the notice, it may be given by the administrator within 60 days of death. Defect bar only when intention to mislead and Employer misled. If Employer objects to sufficiency of notice, may notify Employee who may file new notice within 30 days. No provision as to service. Wash. Immediately. To contain facts of accident. Must Sec. 12 {jg accompanied by certificate of physician. Physician's duty to inform Employee of his rights and to give neces- sary assistance . If injury results in death, must fur- nish proof of death and relationship. Must be filed within 1 year. Wis. Within 30 days. Facts of accident. May be served ^^"^9^04 11 personally or by registered mail. Want or defect only bar when Employer is misled. Payment within 30 days is equivalent to notice. Claim barred in 2 years. 2394-11 General qualifications. Service may be made at last known residence or place of business, except in Ohio and Washington where it is made on state officials. Claim within 6 months, means within 6 months of injury or, in case the injury results in death, within 6 months of death. workmen's compensation laws. 39 PARTIAL DISABILITY. COMPENSATION FOR Cal. 65 per cent, weekly loss of wages, which equals dif- Sec. 8 ference in amount earned before and after accident. Maximum amount is 3 years' wages. Maximum time over which it may extend, 15 years. 111. 50 per cent, during continuance. Weekly limits, $5 Sec. 5 to $12. Cannot exceed amount payable for death. In case of disfigurement, may have additional compensa- tion, not to exceed J4 of death claim. In case of perma- nent partial disability, payment is 50 per cent, of differ- ence in wages before and after accident. Ind. Commensurate with injury. Liability law. Sec. 4 Kan. 25 to 50 per cent, of loss of wages. Weekly limits, Sec. 11 ^3 to $12. If employee is under 21 and wages are less han $10 weekly, then 75 per cent. Maximum time, 10 years. Md. According to contract. Mass. 50 per cent, of loss of wages during continuance. Part 2 Maximum $10 weekly. Maximum time 300 weeks. \l Maximum amount, $3000. Specific cases as follows: Two hands; two feet; one of each; two eyes; 50 per cent, for 100 weeks. One hand; one foot; one eye; 50 per cent for SO weeks. Two fingers or toes ; SO per cent for 25 weeks. One joint of finger or toe ; SO per cent, for 12 weeks. On specific cases weekly limits are $4 to $12. Mich. 50 per cent, of difference before and after accident. P^^t in Specific cases as follows: Sec. Thumb, 60 weeks; first finger, 35 weeks; second finger, 30 weeks; third finger, 20 weeks; fourth finger, 15 weeks; great toe, 30 weeks; other toes, 10 weeks; hand, ISO weeks; arm, 200 weeks; foot, 125 weeks; leg, 175 weeks ; eye, 100 weeks. Amount payable in specific cases 50 per cent, with weekly limit of $10. Maximum time, 300 weeks. Nevada Proportionate to impairment of earning capacity. Soc. 6 40 DIGEST OF For loss of one member, 15 per cent, additional. Maxi- mum, $3000. N. Hamp. Not to exceed SO per cent of the difference before Sec. 6 and after injury. Maximum weekly $10. Maximum time, 300 weejts. N. J. Temporary partial, 50 per cent, during continuance. Sec. 11 Specific cases as follows: Same as Michigan, for which see. Other cases in proportion to injuries enumerated. All payments are subject to weekly limits of $5 to $10, except where wages are less than $5 weekly, then paid in full. Maximum time, 300 weeks. Ohio ^ of the impairment of earning capacity. Weekly Sec. 26 limits, $5 to $12, except where wages are less than $5 weekly, when paid in full. Maximum time, 6 years. Maximum amount $3400. Penn. Weekly limits, $5 to $10, except when less than $5, ■^'■'' ^ then paid in full. Maximum time 300 weeks. Tempor- ^'^' ary partial, SO per cent, during continuance. Specific cases as follows: hand, 175 weeks; arm, 215 weeks; foot, 150 weeks; leg, 215 weeks; eye, 125 weeks. R. I. SO per cent, difference before and after accident. ^''*- 2 Weekly limits, $4 to $10. Maximum time, 300 weeks. **^' 12 Specific cases same as Massachusetts, for which see. U. S. Specific cases as follows : SO per cent, paid monthly Sec. 21 fQ]- periods given: Arm, 72 months ; hand, 57 months ; one ear, 36 months ; leg, 66 months ; foot, 48 months ; two ears, 72 months; one eye, 30 months; thumb, 13 months; first finger, 9 months ; second finger, 7 months ; third finger, 6 months ; fourth finger, 5 months ; great toe, 9 months ; any other toe, 4 months. In all other cases in proportion to injuries enumerated, but in no case to exceed 72 months. Sec. 22 Temporary partial, SO per cent, of loss of wages while not employed. If work is offered and refused, no compensation. Loss of wages must equal 10 per cent, or no compensation. If loss exceeds 10 per cent., compensa- tion must make earnings equal 90 per cent, of wages be- workmen's compensation laws. 41 fore injury, but not to exceed 50 per cent, of wages be- fore injury. Time at work reduces to that extent the aggregate period for which compensation is payable. Wash. For loss of one member, lump sum equal to injury. Sec. S Maximum $1500. Loss of arm above elbow is the maxi- mum injury and others are to be computed with that as a basis. If Employee is unmarried, then parents receive 10 per cent, of amount paid to Employee. This is in ad- dition to the amount paid to Employee, If there are two injuries, compensation for the latter injury shall becom- puted taking into consideration the combined injuries and the past amount of money paid. Wis. 65 per cent of loss of wages. Maximum time, 4 le"- 2394-9 J^^^'"^- PREFERENCE OF COMPENSATION OVER OTHER CLAIMS. Cal. Same as wages. Is not assignable or subject to Sec. 22 debts. Does not impair lien of an award of compensa- ^^ tion. 111. Same as wages but is prior to wages. Not assign- Sec. 11 able or subject to debts except as wages are. Kan. Not assignable. Not subject to debts except for Sec. ^ IS medicine, medical attendance and nursing. Md. Not assignable or subject to debts. Mass. Not assignable or subject to debts. Part 2 Sec. 21 Mich. Not assignable or subject to debts. Prior lien in Part 2 insolvency except as to wages and taxes. Sec. 21 Nevada Same as wages. Cannot impair Hen of award of Sec. 12 compensation. N Hamp. Same as wages. Not assignable or subject to debts. Sec. 10 ^f. J. Same as wages. Not assignable or subject to debts. Sec. 22 Ohio Not assignable or subject to debts. Sec. 35 42 DIGEST OF Penn. Not assignable or subject to debts. Art. 2 * Sec. 17 R. I. Not assignable or subject to debts. Prior to unse- ^^^' 7T, 74 cured debts as wages. Cannot impair lien of an award ' of compensation. U. S. Not assignable or subject to debts. First lien in Sec. 16 insolvency after wages and taxes. Wash. Not assignable or subject to debts. (First lien.) Sec. 10 Qoes not pass by operation of law. Wis. Not assignable or subject to debts. Prior lien after ^■^Od 7^ '^^'^ °^ ^"^ award of compensation. 24 PROCEDURE IN CASE OF DISAGREEMENT AS TO COMPENSATION. Cal. Petition setting up facts is filed with Board. Hear- Sec. ing must be held not later than 40 days. Copy of peti- ° tion is sent to adverse party within 10 days. May be served personally or by mail. Boar-d makes finding of facts and award. Has plenary powers for obtaining evi- dence. May take evidence ex parte. Award is final ex- cept for fraud. Certified copy of decision is filed with Court for Judgment. Appeal can be taken within 30 days. Court may only set award aside (1) because Board exceeded its powers; (2) for fraud; (3) the finding of facts does not support the award. Court may remand case to Board or enter proper judgment. Appeals to Supreme Court are privileged. 111. Usual method is by arbitration. Appeal from award Sec. 10 of arbitrators may be taken within 20 days. Bond on appeal is required. Trial is de novo. May have jury. Procedure follows general laws. Ind. Liability law and follows general statutes. Kan. Appeal from arbitartors lies to Court. Trial de Sec. 36 novo. May have jury. Judgment is for lump sum or periodical payments. Action must be brought by per- sons entitled to comJDensation. Trial must be held within workmen's compensation laws. 43 state. Provision is made for notice to non-residents by publication. Md. Follows general statutes. Mass. Appeals from arbitrators lie to Board within 7 days. Part 3 'j'j-ial is de novo. Decision of Board is final except as to ^^' 10 11 questions of law. Appeals to Supreme Court must be taken within 30 days. Mich. Appeals from arbitrators go to Board. Trial is de Part 3 fio-DQ^ Decision is final except for fraud. Certified copy 12 13 '-'^ award of arbitrators when filed in Superior Court has same effect as judgment of that Court. Appeals to Supreme Court must be taken within 30 days. Nevada If parties do not agree on arbitration, procedure Sec. 9 follows general laws. N. Hamp. If parties do not agree, either party may bring peti- Sec. 9 tion in equity to Superior Court. Can be heard in term time or vacation. Judgment is for sum then due or pros- pectively to become due. If judgment does not appor- tion compensation, it is apportioned by Probate Court. N. J. Petition filed as in civil action. Hearing may be had Sec. 18 after 3 weeks. Petition must be verified and copy of same served on adverse party as a summons within 4 days after filing. Verified answer must be filed within 7 days. Not any further pleadings. Judgment is sum- mary and finding of fact filed with Clerk. Finding of fact is final. Appeal to Supreme Court on matters of law. Ohio All disputes settled by Board. On certain questions Sec. 36 gu(.j^ as the applicability of the Act, an appeal is allowed to Court within 30 days. Board is named as defendant. Jury may be had. Pleadings are as in civil actions. In matters before Board, it is governed by its rules. Penn. If parties do not agree or file petition within 6 Art. 2 months, the claim is barred. Petition is filed in court ^^■^^ J4 and must be verified. Copy of same served on adverse IS party as a summons within 4 days. Verified answer must 19 be filed within 7 days. Judgment is summary and filed with clerk together with finding of fact. Finding of 44 DIGEST OF facts is final. Appeals to Supreme Court must be heard at next term. Does not act as supersedeas except when the judgment relates to conmmutation. In case of de- fault of payment, 10 days after demand is made, a peti- tion may be filed setting forth the facts. Judgment is for amount due with interest. Stay of execution on such a judgment is in discretion of the Court. R. I. Petition in equity showing facts of accident and Art. 3 claims for compensation filed in Court. Copy served on ^'^' 5' g adverse party as a summons within 4 days. Answer 2' 7 within 10 days. Cases are privileged and may be heard 11 to 18 after 15 days. Trial is as summary as possible. In case of minors, guardian ad litem is appointed. Decision in writing is filed with clerk and judgment entered thereon. Judgment can be enforced by execution against the prop- erty and also by contempt proceedings. Finding of facts filed is conclusive except for fraud. Venue is county of accident or residence. If no suit, claim barred in 2 years. Appeals to Supreme Court within 10 days. Appeal suspends decree. Supreme Court may affirm, reverse or enter the proper judgment. No execution can issue except by consent of parties until after 10 days from judgment. Sec. 13 14 U. S. _^ Appointment, powers, etc., of Adjuster. Petition in ordinary language is filed with Adjuster. Answer in 10 days. Adjuster files award with Court. Notice of same sent to parties. Appeal may be had to Court within 6 months. Is trial de novo. Jury may be had. Copies of pleadings served as at law. If no suit is brought or agreement made within 6 months, claim is barred unless failure is caused by employer. Absolutely jbarred after one year. Vt. Petition to Superior Court. Practice follows that of Sec. 10 civil actions. Judge may order examination of the premises. Wash. Claim for compensation together with proof of in- Sec. 12 jy^y jg £jg(j ^jj-j^ insurance department. In case of death proof of death and relationship must also be filed. Must be filed within 1 year. Appeal may be taken from de- partment's ruling to Court. Matters in discretion of de- workmen's compensation laws. 45 partment cannot be reviewed. Trial is informal and summary. Notices of appeal must be given to member of department within 20 days. No bond required on ap- peal except in one case from Employer. Appeal does not act as stay. Except in one case, jury trial is in the discretion of the Court. Attorney General is attorney for department. Decision of department is prima facia correct and burden of proof is on party attacking it. Wis. Application to Board setting up facts. Board shall Sec. give hearing within 40 days. Notice to adverse party \q by personal service or by mail within 10 days. Board 17 may take testimony ex parte. Makes finding of facts 18 and award. May order compensation concerning which ^^ there is no question, pendente lite. If employer fails to 21 comply with such order. Board may order 25 per cent. 22 additional as penalty. Certified copy or award may be filed in court for judgment. Is final except for fraud. Appeal may be taken to court within 20 days. Board and adverse party are made defendants. Complaint on appeal is served with summons. Answer in 20 days. Hearing on 10 days' notice. Court may only set award aside (1) fraud, (2) Board exceeded its powers, (3) finding of facts does not support the award. Court may remand or enter proper judgment. Appeals to Supreme Court are privileged. Attorney General acts for Board. In all states appeals on questions of law may be taken to Supreme Court. ' REPORTS TO STATE OFFICIALS AS TO ACCIDENTS. Cal. Act only provides that Board shall furnish blanks to Sec. 27 Employers. No time fixed for reports. 111. Reports made to Secretary of State Bureau. In Sec. 19 case of death must.be made at once. Other cases for which compensation is claimed are reported from the 15th to the 25th of each month. Must report such facts as Board requires. No reports to any other officials. Kan. Annually to State Commission such facts as re- Sec. 16 quired. 46 DIGEST OF Mass. Within 48 hours of accident, Sunday and holidays Part 3 excluded. Such facts as required by Board. Penalty ^^"^- ^ for failure, fine of $50. If disability extends over 60 days a supplementary report must be filed. Mich. Within 10 days on blanks to be furnished by Board. Part " ■ ^ . . -- Sec. A Penalty for failure to comply, fine of $50, N. Hamp. As required by Labor Commissioner. If Employer Sec. 12 f^jjg ^.Q jnake report becomes liable under liability section. N. J. Within 3 days. In case of death a supplemental re- Chap. 241 pQj.^ within 5 days. Penalty for first offense, $50 to $100 ; for second offense, $200 to $500. U. S. As required by Interstate Commerce Commission. Sec. 32 Wash. In case of death or permanent disability to be made Sec. S jQ State Treasurer at once. Wis. No stated time. Blanks furnished by Board. Sec. 2394-29 Ohio Within 3 days. In case of death a supplemental re- Chap. 61 port within 5 days. Penalty for first offense fine of $50 to $100. For each succeeding offense, fine of $200 to $500. ; REVIEW OF AMOUNT OF COMPENSATION. Cal. Not specifically mentioned but under authority Sec. 15 given to the Board such matters would necessarily come before it. lU- After payments for 6 months and before 18 months. Sec. 18 review may be had on application to the Court. New- medical examination may be had. Court may end, in- crease or diminish same as facts justify. Kan. After payment for 1 year. New medical examina- Sec. 32 (-Jqjj y£^y g^id, increase or diminish as facts justify. Mass. Board on application may end, increase, diminish Sec 12 ^'^°^"^ being paid as the facts justify. , workmen's compensation laws. 47 Mich. Same as Massachusetts. Part 3 Sec. 14 N. Hamp. Not specifically mentioned but under this section Sec. 9 -vvould be matter for Court. N. J. After 1 year on application of either party. New Sec. 21 niedical examination. May end, increase, or diminish amount paid as facts justify. Ohio By Board at any time. Board has usual powers of Sec. 33 ending, increasing, or diminishing as facts justify. Penn; Same as New Jersey. Art. 2 •' ^ Sec. 16 R. I. Within 2 years by Superior Court on application of ^'^*- A either party. Notice is given to adverse party. New ^*^' medical examination. May end, increase or diminish as facts justify. U. S. Within 2 years by adjuster. New medical examina- Sec. 11 |-jon. May end, increase or diminish as facts justify. Wash. By department on application or of its own motion. Sec. S ]y[ay gjj(j^ increase or diminish as facts justify. Wis. By Board within 1 year. May end, increase or S^'^- ^ diminish amount being paid as facts justify. General qualification. In all states reason for review is that the incapacity has ended, increased or diminished. Notice is always given to adverse party. STATE INSURANCE. Mich. Employer must adopt one of 4 methods of payment : Part 4 (1) if financially responsible to pay directly to em- pfrt S ployees. Sec. 1 (2) to insure in a liability company. (3) to insure in Employers' Mutual Company. ^ (4) to have insurance commissioner manage payments. In any case method must be approved by Board. Five or more employers having at least 3000 em- ,48 DIGEST OF ployees may request insurance commissioner to handle compensation. He gives additional bond of $25000. He creates a separate department. Classifies risks and fixes premiums. May inspect books of employers. Pays compensation from fund. State only liable for amount collected. If Employer defaults in payment, Employee may sue at law. State may collect unpaid premiums by ' suit. If Employee chooses to sue at law, if he recovers more than would be payable as compensation, he receives nothing from fund; if he recovers less, the deficit is ' made good from fund. If he elects to take compensa- tion, his rights are assigned to State. Any Employer may withdraw by 30 days' notice before end of year. Employer may relieve himself of liabiHty for any com- pensation due by depositing a lump sum at 3 per cent, or by purchasing an annuity. Controversies are settled in same manner as between Employer and Employee. Commissioner may inspect books of Employer and if refused. Employer liable to fine of $50. In case there should not be sufficient funds to make any payment, the Employer for whom injured employee was working, pays the amount and is credited with the same and in- terest on his next premium. Ohio Wholly state insurance. Act applies to all employ- Sec 18 gj.g having at least 5 employees. Employer pays 90 per 20 cent, and employees 10 per cent. Premiums are paid 20-1 semi-annually. For powers of Board, see Boards and 20-2 Commissions. Employer is permitted to deduct prem- 2^ iums from wages of Employees, but must give him re- ceipt. State insurance fund is created. Rules and regu- lations for same made by Board. Funds are kept by State Treasurer. Payments are made only on vouchers. • Must give separate bond for amount fixed by Governor. Bond must have sureties. Wash. Plan is wholly one of State Insiarance. Section 4 Sec- ^ specifies the amount to be paid by each industry. Fund g is meant to be only self-supporting. Premiums may not 15 be deducted from wages of employee. Department may 16 reclassify risks and rearrange premiums according to 21-26 experience. Entire wages of employees to be used in computations. In case of death or permanent disabil- workmen's compensation laws. 49 ity the state treasurer shall set aside from the fund an amount computed according to the American Mortality Table. This is invested according to law. Compensa- tion is paid from the income. If income not enough, treasurer may borrow fVom fund, but must repay same. If Employer defaults in payment of premium, the State can collect same by suit. Employers' books must be open to the department for inspection. Refusal constitutes a misdemeanor. Misrepresentation as to facts of employment or wages paid is a misdemeanor. Department consists of three members appointed by the Governor. Term, 6 years. Removable at discre- tion of Governor, but reasons for removal must be filed within 10 days. Salary, $3600 and expenses. May em- ploy assistants at not to exceed $5 per day. Makes own rules of procedure, classifies * risks, fixes premiums, supervises medical examinations, medical and surgical aid, gives receipts for premiums received and takes them for amounts expended, investigates accidents, compiles statistics and makes annual reports, not more than 60 nor less than 30 days before session of legislature. Payments are only made on vouchers signed by members of department. If not sufficient funds to pay any loss, Employer whose Employee is injured, may advance same which is repaid with interest. SUBROGATION OF EMPLOYER TO RIGHTS OF EMPLOYEE AS AGAINST THIRD PERSONS. Cal. Employer is subrogated and may sue in his own Sec. 26 name. 111. In case of insolvency, the Employee is subrogated Sec. 16 to the rights of the Employer as against any insurance company. Employer is subrogated to rights of Employee. Kan. Employer is subrogated. Sec. S Mass. Employer is subrogated and may sue in his own P"* ,? name. Sec. IS 50 DIGEST OF Mich. Part Sec. 3 IS Nevada Sec. 13 Pepn. Art. Sec. 2 20 R. I. Art. Sec. 3 20 U. S. Sec. 18 Wash. Sec. 8 Wis. Sec. 2394-2S Same as Massachusetts. Same as Massachusetts. Employer is subrogated but if he recovers a greater amount than amount payable under the Act, the excess goes to Employee. Employer is subrogated. Employer is subrogated. In certain cases State is subrogated. Same as California. General qualifications. In case the injury is caused by the negligence of some person other than the Employer, the Employee may accept compensation or sue the person liable. If he iphooses to take compensation, then, in above states, the Employer is subrogated to the rights of the Employee as against the person liable. The situation arises also in the case of contractors and sub-contractors. TOTAL DISABILITY, COMPENSATION FOR. Cal. 65 per cent, during continuance. If nurse required,. Sec. 8 increased to 100 per cent. Maximum, 3 years' wages. Maximum time over which it may continue, 15 years. lU- 50 per cent. Maximum time, 8 years. Weekly lim- Sec. S jts^ ^5 to $12. If amount paid equals the amount payable in case of death, then there shall be paid for life, 8 per cent of the amount payable for death with a minimum of $10 monthly. If death results during continued disabil- ity, there shall be paid the balance between the amount payable for death and the amount already paid. Mini- mum payment in such case to be $500. If the injury is. WORKMEN'S COMPENSATION LAWS. 51 permanent but not total, then maximum is 25 per cent, of death benefit. Ind. Commensurate with injury suffered. Is liabiUty Sec. 4 law. Kan. Fifty per cent, during continuance. Weekly limits. Sec. 11 $6 to $15. Md. Fifty per cent, during disability. Consists of loss of two members, brain or spinal trouble. Mass. 50 per cent. Maximum time, 500 weeks. Maxi- P^''* 2 inunj amount, $3000. Weekly limits, $4 to $10. Sec. y Mich. 50 per cent. Maximum time, 500 weeks. Maxi- P^""* 2 i^ujn amount, $4000. Weekly limits, $4 to $10. Con- ■ sists of loss of two members, brain or spinal trouble. Nevada 60 per cent. If loss of two members, 40 per cent. Sec. 6 additional. Maximum amount, $3000. N. Hamp. Not to exceed 50 per cent, during continuance. Sec. 6 Maximum weekly, $10. Maximum time, 300 weeks. N. J. 50 per cent. Maximum time 400 weeks. Weekly Sec. 11 limits, $5 to $10, unless wages are less than $5, then in full. Consists of loss of two members, brain or spinal trouble. Ohio y^ during life. Weekly limits, $5 to $12. If wages Sec. 27 less than $5, then in full. Penn. Temporary total, 50 per cent, during continuance ^■■t- 2 not to exceed 300 weeks. Weekly limits, $5 to $10. If ^^' wages less than $5, then in full. Permanent total, same except time extended to 400 weeks. R. I. 50 per cent. Weekly limits, $4 to 10. Maximum ^'■*- 2 time, 500 weeks. Consists of loss of two members, brain ^^'^- or spinal trouble. U. S. Permanent total, 50 per cent, for life. Consists of Sec. 21 Iqss of two members, brain or spinal trouble. Q Temporary total, 50 per cent, during continuance. Vt. Maximum amount $4000. Sec. S 52 DIGEST OF Wash. For loss of two members, brain or spinal trouble, Sec. S there shall be paid during disability the following monthly : (1) If unmarried, $20. (2) Wife or invalid husband, $25 ; if husband is not invalid, $15. (3) If there are children in addition to (2), $5 for each child with maximum of $35. (4) In case of death during continued disability from whatever cause, leaving widow or invalid widower or child under 16, the surviving spouse shall re- ceive $20 monthly for life or until remarriage, in- creased $5 for each child under 16, with maximum of $35. On remarriage of spouse, payments to children as before. (5) Child alone under 16, $10 monthly until 16. (6) Temporary total, the foregoing payments are in- creased 50 per cent, for the first 6 months, but not to exceed 60 per cent, of the wages received at the time of the accident. Monthly wages equals 26 times daily. If the workman returns to work and the loss of wages is less than 5 per cent., compensa- tion ceases. If it exceeds 5 per cent., then com- pensation shall be paid in proportion of the new earning power to the old. Wis. 65 per cent during continuance. If nurse is re- ^^'^' 2394 9 "l^^"^^^' ^^ increased to 100 per cent. Maximum amount, 4 years' wages. Maximum time over which it may ex- tend, 15 years. Brain or spinal trouble as used herein means an in- jury to the brain causing imbeciHty or insanity or an injury to the spine causing paralysis of the arms or legs. WAGES, AVERAGE, HOW COMPUTED. Cal. Weekly wages equals 1-52 of annual. Annual not ^^•^^ ^ less than $333.33 nor more than $1666.66. Ai^nual com- puted as follows: (1) 300 times daily for same employee or in same em- ployment for preceding year. (2) 300 times daily of an Employee of the same class. workmen's compensation laws. S3 in same or similar employment, in same neighbor- hood for preceding year. (3) Regard being had to previous earnings of injured employee as compared with wages of similar em- ployees so as to get a reasonable wage. (4) If a subsequent injury, after receiving or while receiving compensation, compensation is to be com- puted as of later injury. (5) In case of partial incapacity, basis is to be differ- ence in earning power before and after accident, to be determined at the time of the injury according to its nature and extent. 111. (1) Wages for preceding year with same Employer. Sec. 6 ^2) 300 times average daily wage for time actually worked. (3) Regard to previous earnings as compared with like Employees in same or similar employment in same locality. (4) If no wages or less than adult wage, then 300 times average daily local wage. (5) If seasonable occupation, then time actually em- ployed, with minimum of 200 days. (6) Only regular hours to be computed." (7) If two injuries, compensation to be apportioned. Kan. (1) On 52 weeks prior to passage of the Act. Sec. 12 ^2) Regard to wages of like Employees of same grade in same or similar locality. (3) Regular hours only to be computed. (4) Partial incapacity equals one-half difference before and after the accident. (5) If employed by two or more Employers, to be com- puted as of Employer by whom employed at time of accident. Part 5 Sec. 2 Mass. (1) Wages for 12 months prior to accident divided by " ' 52 equals average weekly wage. (2) If Employee is out over 2 weeks, iivide by number of weeks actually worked. (3) Compared with wages of similar employment for ■ preceding year in same or neighboring locality. 54 DIGEST OF Part 2 Sec. 11 Mich. ^ Weekly wages equal 1-52 of annual. Annual com- puted as follows : (1) Wages for preceding year for same Employer. (2) 300 times daily for time actually employed. (3) As compared with wages of like Employees of same or similar class in same neighborhood. (4) Regard being had to previous earnings of injured Employee as compared with like employees of the same class which shall reasonably represent his earning capacity. (5) Weekly, loss of wages equals the proportionate im- pairment of his earning capacity, taking into con- sideration the nature and extent of the injury. (6) If there are two injuries, compensation is to be on basis of earning power at time of subsequent in- jury. Wages at time of injury. N.J. Sec. 11 Penn. Art. Sec. 2 S Ohio Sec. 31 32 R. I. Art. Sec. 2 13 Wages at time of injury. Week equals 5^ days. Average weekly at time of injury, taking into con- sideration any probable increase in future earnings. (1) Weekly equals 300 times daily divided by 52, when employed by same Employer. (2) 300 times daily of an Employee of same class for preceding year, in same or similai; employment in neighboring locality. (3) Regard to previous earnings of injured Employee as compared with earnings of like Employees in same or similar employment in same locality. (4) If employed by 2 employers, to be computed on basis of wages of Employer for- whom working when injured. (5) Two injuries, for later computed as of wages at. time of later. U. S. Monthly equals 26 times daily for class of service in Sec. 20 vvhich employed. Maximum and minimum, $100 and $50. If wages less than $25 monthly, compensation not to exceed that for first 24 months. WORKMEN S COMPENSATION LAWS. 55 Wis. Sec. 2394-10 Same as California except that annual wage limits are $375 to $750. Methods of computation are used in the order indi- cated. WAITING PERIOD BEFORE COMPENSATION BEGINS. Cal. Sec. 8 One week. 111. Sec. 5 (b) Six working days, Kqp. Sec. 1 (a) Two weeks. Md. One week. Mass. Part Sec. 2 4 Two weeks. Mich. Part Sec. 2 3 Two weeks, but i: Nevada Sec. 6 Ten days. N. Hamp. Sec. 3 Two weeks. N.J. Sec. 13 Two weeks. Penn. Art. Sec. 2 9 Two weeks. Ohio Sec. 25 Two weeks. R. I. Art. Sec. 2 4 Two weeks. V. S. Sec. 4 Fourteen days. Wis. Sec. One week, but if 2394-9 COPIES OF THIS DIGEST Can be secured at cost:, Library Edition 25c a Copy Paper Cover .....15c a Copy Paper Coverf in quantities lOc a Copy ADDRESS : Committee for Accident Pfevention and ^Workmen's Compensation, National Association Manufacturers, 706 Loctnt St., ST. LOUIS, MO.