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There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924002404758 63d congress : : 2d SESSION DECEMBER 1, 1913-OCTOBER 24, 1914 SENATE DOCUMENTS Vol. 4 WASHINGTON : : GOVERNMENT PRINTING OFFICE ■ : 1914 63d CoNGBESS \ QT^TVT . m? / DOCDMENT Sd Session / SJiJMAiJi | No. 336 WORKMEN'S COMPENSATION LAWS OF THE UNITED STATES AND FOREIGN COUNTRIES PREPARED UNDER THE DIRECTION OF ROYAL MEEKER COMMISSIONER OF LABOR STATISTICS %^ December 23, 1913. — Referred to the Committee on Education and Labor and ordered to be printed vV^ WASHINGTON "^ GOVERNMENT FEINTING OITIOB 1914 LETTERS OF TRANSMITTAL. Department of Laboe, Office of the Secretary, Washington, Decernber 23, 1913. Sir: In conformity with the resolution of the Senate of December 22, 1913, I transmit herewith a report of the Commissioner of Labor Statistics in regard to the laws of the various States, the United States, and of foreign countries providing systems of compensation for injuries to workers in their employment. Respectfully, W. B. Wilson, Secretary. Hon. Thomas R. Marshall, President of the Senate, Washington, D. C. Department of Labor, Bureau of Labor Statistics, Washington, December 83, 1913. Sir: I transmit herewith a report showing the laws of the various States, the United States, and of foreign countries providing systems of compensation for injuries to workers in their employment. That part of the report relating to this cotmtry has been prepared by Mr. Lindley D. Clark, while that part relating to foreign coun- tries has been prepared under the direction of Mr. Charles H. Verrill. I am, very respectfully, Royal Meeker, Commissioner of Labor Statistics. The Secretary of Labor, Washington, D. C. 33601 CONTENTS. Page. Workmen's compensation laws of the United States and foreign countries. . . 1-464 Introduction -. 9-10 Workmen's compensation laws of the United States 11-130 Introduction 11, 12 Reports of commissions 13-30 Colorado 13 Connecticut 13, 14 Illinois 14, 15 Iowa 15 Massachusetts 15, 16 Michigan 16, 17 Minnesota 17 Missouri 17, 18 Montana 18 Nebraska 18, 19 New Jersey 19 New York 19-22 North Dakota 22 Ohio ' 22, 23 Oregon. 23 Pennsylvania 24 Washington 24, 25 West Virginia 25 Wisconsin 26 United States 26-30 Progress of legislation 30-32 Summary of principal features of the laws 33—48 Systems provided for 34 Industries covered 34 Acceptance of compensation system 34 Abrogation of defenses 34 Suits for damages 34, 35 Special contracts 35 Burden of cost 35 Guaranty of payments - 35 Waiting time 35, 36 Amount of compensation 36-47 Time for notice and claim 47 Settlement of disputes 47, 48 Nonresident alien beneficiaries 48 5 b CONTENTS. Workmen's compensation laws of the United States — Concluded. Page. Analysis of principal features of the laws 49-75 Arizona 49 California 50 Connecticut 51 Illinois 52 Iowa 53 Kansas - , - - 54 Maryland 55 Massachusetts '. 56 Michigan • 57 Minnesota 58 Nebraska 59 Nevada 60 New Hampshire ^ 61 New Jersey 62 New York 63,64 Ohio - 65 Oregon > 66 Rhode Island 67 Texas 68 Washington ' 69 West Virginia 70 Wisconsin 71 United States 72, 74 Canal Zone 73 Constitutionality and construction of statutes 75-110 Due process of law 76-80 Jury trial 80, 81 Liability without fault 81, 82 Abrogation of employers' defenses 82, 83 Classification of industries 83, 84 Equal protection of the law 84, 85 Exercise of judicial powers 85, 86 Freedom of contract 86, 87 Status of benefit funds 88 89 Police power 89-92 Particular provisions of the laws 92-110 Experience under the acts ; 110-125 California HO Maryland XH Massachusetts 111-114 Michigan 114,115 New Jersey 115^ 1x6 New York 116,117 Ohio 117^ 118 Washington 118-121 Wisconsin 121-123 United States 123-125 Premium rates I25 125 Experience of a stock company writing compensation insurance 127-130 CONTENTS. i Page. Workmen's compensation laws of foreign countries 131-179 Progress of ■workmen's compensation legislation 131, 132 Industries covered j 132 Persons insured 132, 133 Character of benefits 133 Disabilities not compensated (waiting time) 133, 134 Disabilities compensated out of compulsory sickness funds 134, 135 Burden of cost 135 Procedure * 135 Organization of the insurance 135-137 Security of payment 137, 138 Analysis of principal features of the laws 138-179 Alberta 139 Austria 140 Belgium 141 British Columbia 142 Bulgaria 143 Cape of Good Hope 144 Denmark 145 Finland 146 France 147 Germany 148 Great Britain 149 Greece 150 Hungary 151 Italy 152 Japan 153 Liechtenstein , ... 154 Luxemburg 155 Manitoba 156 Mexico: Nuevo Leon 157 Montenegro 158 INTetherlands 159 Newfoundland 160 New South Wales 161 New Zealand 162 Norway 163 Nova Scotia 164 Peru 165 Portugal , 166 Quebec 167 Queensland ; . . . 168 Roumania 169 Russia 170 Servia '. 171 South Australia 172 Spain 173 Sweden 174 Switzerland 175 Tasmania 176 Transvaal ■. 177 Venezuela " 178 Western Australia 179 8 CONTENTS. Appendix. — Text of workmen's compensation laws of the United States 181-464 Arizona 181-187 California 187-215 Connecticut 215-225 Illinois 225-238 Iowa 239-253 Kansas 253—262 Maryland 262-265 Massachusetts 266-277 Michigan 277-290 Minnesota 290-301 Nebraska 302-313 Nevada 313-324 New Hampshire 324-328 New Jersey 328-337 New York 337-357 Ohio 358-373 Oregon , 373-385 Rhode Island 386-395 Texas 396-402 Vermont 402 Washington 403-417 West Virginia 417^29 Wisconsin 429-441 Wyoming 441 United States 441-444,451-464 Canal Zone 444-450 WORKMEN'S COMPENSATION LAWS OF THE UNITED STATES AND FOREIGN COUNTRIES. INTRODUCTION. The Fourth Special Report of the Commissioner of Labor, issued in 1893 under the title of "Compulsory Insurance in Germany," was the first report published in this country devoted to the subject of work- men's insurance.' At that time compensation for industrial acci- dents had been established by law in two countries only, Germany in 1884, and Austria in 1887; the third country — ^Norway — not fol- lowing until 1894. In the other countries discussed in the appendix of this early report the workmen's compensation movement had not passed beyond the stage of Government commissions and legislative discussion. Since the publication of this first report, the development of the legislation providing for workmen's compensation for industrial accidents in Europe and throughout the world has been extremely rapid; in fact, it may be doubted whether any subject of labor legis- lation has ever made such progress or gained so general acceptance for its principles throughout the world in so brief a period. The legis- lative summaries in the present report show that 41 foreign countries (including all European countries except Turkey) have introduced 1 The publications of the Bureau of Labor Statistics relating to the general subject of workmen's compen- sation and insurance are the following: Fourth Special Report, 1893, Compulsory Insurance in Germany, including an appendix relating to insurance in other countries in Europe; Twelfth Special Report, 1905, Coal Mine Labor in Europe; Twenty-third Annual Report, 1908, Workmen's Insurance and Benefit Funds in the United States; Twenty-fourth Annual Report, 1909, Workmen's Insurance and Compensation Sys- tems in Europe (including the texts of the laws existing in 1909 in Alberta, Austria, Belgium, British Columbia, Cape of Good Hope, Denmark, Finland, France, Great Britain, Hungary, Italy, Luxemburg, Netherlands, Norway, Quebec, Queensland, Spain, Sweden, Transvaal); Bui. No. 31, Present status (1900) of employers' liability in the United States ; Bui. No. 32, British workmen's compensation act and its opera- tion; Bui. No. 34, Workmen's compensation act of Holland; Bui. No. 40, Workmen's compensation acts oi foreign countries; Bul.No.57,StatecooperativeaccidentinsurancefundofMaryland; Bui. No.58,Thenew Russian workmen's compensation act of 1903; Bui. No. 70, British workmen's compensation acts; Bui. No. 74, Legal liability of employers for injuries to their employees in the United States; Summary of foreign workmen's compensation acts; British workmen's compensation act of 1906; Bui. No. 77, Compensation for injuries of artisans and laborers in the service of the United States; Bui. No. 90, Recent action (1910) relating to employers' liability and workmen's compensation; Essential features of a compensation law; Chicago con- ference of November, 1910; Summary of foreign workmen 's compensation acts ; Cost of employer 's liability and workmen's compensation insurance; Bui. No. 92, Workmen's compensation and insurance: laws and bills, 1911; Bui. No. 96, Workmen's insmrance code of July, 1911, of Germany; Bui. No. 102, British national insurance act, 1911; Bui. No. 103, Sickness and accident insurance law of Switzerland; Compensa- tion for injuries to employees of the United States arising from accidents occurring between August 1, 1908, and June 30, 1911 (prepared by the Bureau and published as a report of the Secretary of Commerce and Labor). 10 WOEKMEn's compensation laws UNITED STATES. some form of workmen's compensation for industrial accidents, all of which, while showing great variations in the industries covered, the amount of compensation provided, and the methods by which com- pensation payments are secured, recognize the principles of compen- sation as distinguished from the older idea of employer's Kabihty previously accepted in the civil law of continesntal Europe, as well as in EngUsh and American law. In the United States what might be called the period of investi- gation and education began somewhat late as compared with Euro- pean countries. But since that beginning, investigation and study have been followed by legislative action with great rapidity. The first American State commissions were appointed in New York, Wisconsin, and Minnesota in 1909, and legislation followed in New York in 1910, in Wisconsin in 1911, and in Minnesota in 1913. Within this period beginning with 1909, 27 commissions (not including one Federal commission) have been appointed to consider the subject of compensation, and compensation legislation has been enacted in 23 states. With this remarkable development of compensation legislation in the United States and throughout the world within so short a period, it seems especially desirable to bring together at this time the laws as they now exist, in order that the material may be available' for those wno wish to study and compare the various provisions already in force to serve as a guide to new or amendatory legislation. The present report is in three parts. The first part reviews the work of the compensation commissions of the various States, sum- marizes the principal features of the legislation enacted and the experience thus far available under such legislation, and briefly dis- cusses the decisions of the courts upon the constitutionality and con- struction of the workmen's compensation statutes. The second part summarizes the principal features of the foreign workmen's compen- sation laws as now existing, presenting also analyses of the principal featm-es of the laws of the individual countries. Forty-one foreign countries are thus represented. The third part gives in an appendix the text of the workmen's compensation laws of the various States. WORKMEN'S COMPENSATION LAWS OF THE UNITED STATES. BY LINDLEY D. CLARK, A. M., LL. M. INTRODUCTION. The first summary view of the status of workmen's compensation and insurance in the United States published by the Bureau of Labor Statistics appeared in Bulletin No. 90,' September, 1910. At that time it was possible to present only the tentative propositions of a number of State legislatures and commissions and of interested organizations and associations, the report of a single State com- mission, the laws of three States providing for insurance and com- pensation systems, and the Federal compensation act of May 30, 1908, relating to certain employees of the United States. A second review of the subject, in January, 1911,^ gave an account of the reports of seven State commissions and of the enactment of seven State laws, besides drafts of three commission bills, two of which, with some amendment, became laws later in the year. It is the purpose of the present article to give a summary account of existing data, including commission reports, laws, court decisions, and experience under the laws so far as an account of the same is available. Following is a^ list of the States, etc., in which special committees or commissions have been charged by the legislature or otherwise with the duty of investigating. the subject of a more adequate method of caring for the results of industrial accident than is provided under the system of employers' liability; also of the States in which compen- sation laws have been enacted, and those in which the laws have been amended. 1 Secent action relating to employers' liability and workmen's compensation. September, 1910. 3 Workmen's compensation and insurance: Laws and bills, 1911. Bui. No. 92, January, iSll. 11 12 WOEKMEN's COMPENSATIOIT laws — UNITED STATES. STATES IN WHICH COMMISSIONS WERE APPOINTED AND IN WHICH COMPENSATION' LAWS WEEE ENACTED AND AMENDED, BY YEARS, 1908 TO 1913. Year com- mis- sion was ap- pomt- ed. Year compensation law was enacted. State, etc. Year com- mis- sion was poiht- ed. Year compensation law was enacted. State, etc. Orig- inal. Amendment. Orig- inal. Amendment. 1912 1911 1913 1913 1911 1911 1911 3 1910 1913 California Colorado 1911 1911 1911 1910 1913 1911 New Jersey New York 1910 1909 1911 1910 11911 191L 1913 1913 r,onTif^Tlt 1913 1913 Delaware... North Dakota Ohio TIliTinis 1911 1913 1911 1913 1913 TTn^iq.Tifl. . Oregon 1913 1911 Pennsylvania 1913 T^m'siaTin. . 1912 11913 1910 1911 1909 11910 11910 1911 Rhode Island 1912 igis 1912 1911 1912 1913 1913 1911 1913 11910 11911 1909 1910 Massachusietts 1912,1913 1913 1913 ^ Washington West Virginia 1911 1913 1911 1908 1913 2 1909 1913 1913 Nebraska United States 1909,1911,1912 1 Appointed by the governor. 3 Law declared unconstitutional. 3 Two laws, one (compulsory) law declared unconstitutional. The following table summarizes the above data so as to show the action taken during each of the 6 years since the enactment of the first workmen's compensation law. NUMBER OF WORKMEN'S COMPENSATION COMMISSIONS AND LAWS, BY YEARS, 1908 TO 1913. Year. Commis- sions appointed. States enacting original law. States enacting amending laws. 1908 11 1 1 10 4 7 1909 3 8 11 1 5 1 1910 1911 1 2 13 1912 1913 Totsil.... 28 24 1 United States. From the above Est it is to be seen that the majority of the earlier laws were amended in 1913. Two of the laws have been declared unconstitutional by the court of last resort of the States in which they were enacted, while on the other hand the constitutionality of the statute of Massachusetts, New Jersey, Ohio, Washington, and Wisconsin has been upheld by the highest court in each State. The first law declared unconstitutional was the compulsory statute of New York applicable only to railway service, leaving on the statute books the elective law relating to other employments. The other law that was held invahd was that of Montana. The decisions in these and other cases will be considered later. workmen's C0MPENSATI02Sr LAWS UNITED STATES. 13 REPORTS OF COMMISSIONS. 4 Beginning with 1909, commissions or committees have been ap- pointed in 20 States and in Porto Rico as the result of legislative action, and in 6 States commissions were appointed by the governors without legislative action; a Federal commission was also created. Reports are not yet due from the commissions of Indiana, Louisiana, Maryland, Porto Rico, Tennessee, Vermont, and the third commis- sion of Missouri, while those of Delaware and Texas seem to have made no report. The reports of the commissions will be considered in order. COLORADO. The members of this commission were designated in the act of June 1, 1911, creating it, a representative of the bar, one of labor, one of the employers of labor, and one of each house of the legislature beiag named. An appropriation of $1,000 was made, but was placed in a class of appropriations that did not become available within the time fixed for the commission to report. The principal work that could be done under the circumstances was the collection of existing literature on the subject. There was no attempt made to draft a law, and the examination made of the statutes of other States showed such wide divergence that no conclusion was reached as to the type to be recommended. The commission was impressed with the importance of uniformity of legislation on the subject, but felt that none of the existing State laws were adapted to the industrial conditions of Colorado. It was agreed that a compensation law should be enacted, that it should be applicable to all productive employments, and that there should be some plan by which compensation payments would be guaranteed. It was recommended that more study and investigation be given to the subject before any biU was drafted, reference being made to the fact that aU. laws of this type are of recent enactment in this country, and that it took 16 years to unify the laws of Germany on the subject. A summary of State laws, mention of the commissions appointed to investigate employers' liability, and a list of printed matter collected complete this pamphlet ^ of 48 pages. No law has yet been enacted. CONNECTICUT. A joint resolution of August 22, 1911, authorized the governor of the State to appoint a commission of three persons to serve without compensation, but with power to employ necessary clerical assistance and to incur proper expenses. Public meetings were held at various points in the State, some of which were largely attended. Nineteen > Eeport of Employees' Compensation Commission, 1913. 14 workmen's compensation laws — UNITED STATES. pages of the report' are occupied with general and constitutional considerations, the remaining 22 pages being given to the reproduc- tion of a tentative draft of a law. The type proposed was compul- sory compensation, administered by the courts, surgical examiners to be appointed in each county, and a commissioner for each of four districts into which the State was to be divided. A law was en- acted in 1913, but it differs widely from the bill recommended by the commission. ILLINOIS. - The report of the Illinois commission ^ is an octavo volume of 249 pages, presenting a brief record of the work of the commission; a draft of a bUl; a discussion of the constitutionality of a compensa- tion law; records of cases heard before certain courts of the State; the record of the coroner of Cook County, in which the city of Chi- cago is situated; special studies of the coal-mining industry, railroads, manufactories,, etc., from the standpoint of hazard, and showing accident records and compensation for injuries; and other valuable statistical and economic data. The discussion as to constitutionality was made by the commission's attorney, who expressed the convic- tion that within a decade compulsory compensation will be generally accepted as being within the police power of the State to provide for. He recommended, however, as a concession to the present state of information and public opinion that an alternative proposition be enacted, embod3dng compensation as optional but not required, though so limiting rights and defenses as to lead both parties to an acceptance of the compensation provisions. "That the law should read into every contract of hiring a limited guaranty by the master to his servant against injury to life or limb while the servant is going about his master's business, when it appears that the larger propor- tion of such injuries in almost all employments are entirely incidental to the business, does not seem any more unreasonable than that the law should conclusively presume that the servant, upon entering the employment, voluntarily assumes in advance all the necessary and inherent hazards of the trade." The study of the coal-mining industry — one of the largest industries of the State — ^leads the commission to the conclusion that the adoption of the scheme of compensation proposed, giving $2,250 for fatal accidents as against the present average award of $168, would effect a charge of but 1.6 cents per ton of coal mined to meet the necessary expenditures. As to the direction of this expenditure it is said: "Should this prompt the exercise of extra care, as the commission confidently anticipates, only a portion of this increase would be 1 Report ot the Connecticut State Commission on Compensation lor Industrial Accidents, 191a. 2 Report of the Employers' Liability Commission ot the State of lUiuois, 1910. workmen's compensation laws UNITED STATES. 15 utilized for the purpose of compensation, the remainder going into the plant in additional safeguards and conveniences." In the other industries investigated and in the report from the Illinois Manufacturers' Association details of accidents showing the nature of the injury and the form and amount of damages or com- pensation on account of it are shown; also a comparison of the present actual cost and the estimated cost under the commission's plan. The biU proposed became law, though restricted to especially dangerous employments, but was amended in 1913 so as to cover all ' industries. The rates of compensation were also increased over those proposed by the commission. IOWA. A commission, to consist of two employers, two employees, and one disinterested person, was authorized by an act of the Legislature of Iowa at its session of 1911. A report was ordered to be in the hands of the members of the legislature not later than November 15,1912. This report ^ forms a volume of above 400 pages, in which is discussed briefly the classes of laws in force in Europe and in the various States having compensation or insurance laws. The liability law of Iowa is next considered, and a proposed bill is briefly discussed. The bill was of the elective type, to be administered by a State commission, and with provisions for an employers' indemnity association to form a reserve fund to secure compensation payments, aU employers under the act to be members. A minority report urged a compulsory plan but without the State insurance feature. The system embodied in the law enacted is elective, with a requirement that payments shall be guaranteed by some form of insurance unless the industrial com- mission is satisfied as to the employer's solvency. Appendixes form a considerable portion of the volume. Among these are an estimate of insurance rates in Iowa, accident statistics, and various papers and excerpts on subjects connected with ques- tions of constitutionality, a synopsis of American laws, etc. The second and larger part of the volume is made up of minutes of the hearings and papers submitted in connection therewith. MASSACHUSETTS. This commission was appointed in June, 1910, and first submitted only a partial report, recommending that another year be given to investigation before submitting any bill, an earlier tentative draft not being included in the report. A pamphlet ''■ of 23 pages sketched briefly the forms of compensation in use in Great Britain, Germany, 1 Report of the Employers' Liability Commission, 1912. 2 Report of the Commission on Compensation tor Industrial Accidents, 1911. 16 workmen's compensation laws UNITED STATES. and Norway as typical ,of the three systems in use in countries hav- iug compensation systems. Tables were given showing the period of disability in 2,849 accidents reported to the commission from September 12 to November 20, 1910; also the cost of industrial accidents in 734 establishments during 1909. In accordance with its recommendations, the commission was continued m. existence until July 1, 1912. A compensation law hav- ing been enacted in 1911, the duties of the commission were to com- pile accident data, and make recommendations as to further legis- lation, the expenditures not to exceed $13,000. Under this new authorization a report' of 322 pages was made to the legislature, setting forth the work of the commission in various directions, both befere and after the enactment of the State law; the text of the State law, with commentary; a brief description of foreign laws and of the laws of the United States; a consideration of the constitu- tionality of a compulsory law for Massachusetts; statistics of acci- dents in Massachusetts, May 1, 1911, to April 30, 1912, and an appendix ta which are reproduced the laws of the States providing for compensation, with some other matter. The question of the constitutionality of a compulsory law for Massachusetts is considered at some length, the conclusion being reached that the courts of that State would probably uphold such a law. The action of the New York court of appeals in declaring invalid the compulsory law of that State, and the effect of this decision on subsequent legislation in the various States js noted, and strong exceptions are taken both as to the ruling in this case and the attitude of the court of that State generally in the matter of testing the constitutionality of the acts of the legislature. MICfflGAN. An act of May 1, 1911, created a commission of five members without salary, but to be reimbursed for actual expenses. A report to the next legislature was directed, or to any earlier extra session. An extra session was in fact held, at which a law was enacted and approved March 20, 1912, following in the main the recommenda- tions of the commission. The report •= is a pamphlet of 152 pages, in which are discussed in brief the rules and defenses applicable in employers' liability actions. Data as to accidents and damages are presented, and the results of the old system of liability, under which it was concluded that it was impossible to secure justice to either employer or employee. The proposed bill is next analyzed and presented, and appendixes con- ' Report ol the Commission on Compensation for Industrial Accidents, 1912. 3 Report ol the Employers' Liability and Workmen's Compensation Commission, I9ii. workmen's compensation laws — UNITED STATES. 17 taining minutes of the^ meetings of the commission, schedules of inquiry, accident statistics, costs, representative relief plans in use, etc., conclude the report. MINNESOTA. The report of the Minnesota commission ^ is devoted more to the discussion of legal and constitutional questions than to a study of industrial conditions. Practically 100 of the 289 pages of the report are taken up with a presentation of the draft of a bill proposed by the commission and its discussion, point by point, in which the rights and liabilities provided are defined and court decisions cited in support of the various provisions. The conclusions of the commission are adverse to the constitu- tionality of a State insurance law, in view of the provisions of the State constitution which forbid the State to engage in private busi- ness or to use the public funds in competitive undertakings as a means of regulating the conduct of business, citing Rippe v. Becker (56 Minn., 100), a case in which it was held that the State had not the powfer to build and operate a grain elevator. The discussion as to the constitutionality of the proposed bUl is detailed and, together with the summary, presents the argument in favor of a compensation bill of compulsory application. No law was enacted until 1913, when an act embodying the princi- ple of compensation, but in elective form, was p'assed. MISSOURI. A commission was appointed in 1910 by the governor of Missouri, the principal recommendation of which, so far as appears, was that a commission be appointed to give the matter further consideration. The State senate in 1911 passed a resolution of similar effect, and a new commission was accordingly appointed. It consisted of 15 members, 5 being appointed by the president of the senate, 5 by the speaker of the house, and 5 by the governor, and held a number of meetings in September and October, 1912. Majority and minority reports were submitted, with bills representing the diverse views. The report^ of the majority is a pamphlet of 145 pages, 10 of which contain the commission's letter of transmittal setting forth its con- clusions, the remainder being minutes of the hearings. In the bill recommended for the consideration of the legislature, the New Jersey law was used as a basis, the avowed purpose of the commission being "to establish the principle of workmen's compensation in this State," 1 Report to Legislature of Minnesota Employees' Compensation Commission, 1911. ! Report of Missouri Commission on Employers' Liability and Workmen's Compensation, 1913, 22566°— S. Doc. 336, 63-2 2 18 WOEKMEN's compensation LAWS^ — UNITED STATES. wLiile recognizing that "to realize the ideal of workmen's conpensa- tion is impossible." The minority report 1 consists of 30 pages, 22 of which present a bill, while the remaining portion is taken up with an account of the grounds for dissent from the majority. The principal contention was to the effect that later drafts and more extended studies were available, showing advances over the provisions of the New Jersey act of 1911, and that these should be taken advantage of in the enact- ment of new legislation. The bill recommended was the draft of a law prepared by a committee of the Nationa,l Association of Manu- facturers, some of the points of advantage emphasized being the pre- vention of accidents, the compulsory insurance of the risks of all employers who elect to accept the law, the encouragement of mutual insurance as a means of holding in check the charges for prenoiums, and the inclusion of farm and domestic labor. Compulsory com- pensation was said by the minority report to be desirable eventually, but not immediately attainable. No law was enacted in 1913, but a third commission was provided for, to report to the legislature of 1915. MONTANA. Though the legislature had in 1909 enacted a law of limited scope, applicable to coal mines only, the governor of Montana appointed on his own motion a commission of eight men in 1910 to prepare em- ployers' liability and workmen's compensation acts to present to the legislature. This commission, or six of its members, agreed to recom- mend two bills, one providing for automatic compensation in extra- hazardous employments, and a companion bill limiting the amounts recoverable if workmen elect to sue instead of accepting the proposed benefits. Neither of these bills became a law. The report ^ proper is very short, containing only seven pages, oc- cupied with an account of the appointment and action of the com- missions, the nature of the proposed bUls, and a general expression as to the desirability of compensation laws as compared with those declaring the employers' liability. A recommendation was made for the appointment of a commission by the legislature to give further attention to the subject. NEBRASKA. The House of Eepresentatives of Nebraska passed a resolution, April 6, 1911, empowering and requesting the governor to appoint a commission to investigate the subject of employers' liability and compensation laws. No appropriation was made for expenses, but 1 Letter of transmittal accompanying minority report prepared by ¥. C. Sohwedtman of the Missouri Commission on Employers' Liability and Workmen's Compensation, 1913. > 2 Governor's message relating to employers' liability and workmen's compensation &ct, with report oj the commission appointed by the gOTemor, 1911. WOEKMEN S COMPENSATION LAWS — UNITED STATES. 19 the commission was authorized to call on the State legislative refer- ence bureau for assistance and clerical help and for other aid in pre- paring its report. The report ^ is a pamphlet of 48 pages, and is issued by the Nebraska legislative reference bureau as Bulletin No. 2. Data are presented as to accidental deaths in the State for the first 11 months of 1912, reported under the board of health law of 1905, and court business from personal-injury cases. Two bills are presented as majority and minority reports of the commission, the first being a compulsory compensation system and the second an elective State insurance system. A law was passed in 1913 differing widely from either of the propositions of the commis- sion, being an elective compensation law. NEW JERSEY. The report of the New Jersey commissions is embodied in a mes- sage of the governor to the legislature, transmitting the report. The pamphlet, of 91 pages, contains the evidence taken at the hearings of the commission, discussions of the defenses commonly in use in meet- ing actions for injuries to employees, some account of the Chicago conference of November, 1910, and the bill proposed for enactment. The representatives of labor on the commission, while supporting the principle of the bUI, objected to the amount of compensation pro- posed. A law on the subject was enacted in 1911, practically in agreement with the recommendations of the commission, and has been upheld as constitutional by the courts. NEW YORK. The Legislature of New York by an act of May 27, 1909, provided for a commission of 14 persons to consider existing conditions in the State as to the liabihty of employers for industrial accidents, and "the comparative efficiency, cost, justice, merits, and defects of the laws of the other industrial States and cotmtries relative to the same subject." An appropriation of $10,000 was made for the expenses of the commission, which reported in 1910, the volume * being a quarto composed of the report proper, of 69 pages, with 200 pages of appendixes, and a record of hearings comprising 470 pages. A second volume appeared under the date of April 20, 1911, on the causes and prevention of industrial accidents, consisting of a report, 116 pages, and minutes, 307 pages; while after the action of the court of appeals of the State declaring the compulsory compensation law unconsti- tutional, a brief report (11 pp.) was igsued May 3, 1911, reviewing ' Preliminary Eeport, Employers' Liability and Workmen's Compensation Commission, 1912. 2 Message of the governor transmitting to the legislature the report of commission on employers' liability, 1911. 'Report by the Commission lo Inquire into the Question of Employers' Liability. First report. Mar. 19, 1910. 20 workmen's compensation laws UNITED STATES. this decision and recommending the adoption of an amendment to the constitution of the State to meet objections raised by the court. In this report the enactment of an elective system, withdrawing the employer's defenses to secure his coming under the law, was con- sidered as of doubtful constitutionality under the ruling in the case in which the compulsory act was disapproved, and also as of doubt- ful practical value, since many employers might refuse to accept it, even xmder such pressure as the law might provide. The first and principal report is one of the most extended reports issued by a State commission. Eleven public hearings in various parts of the State, 14 executive sessions of the commission, and nu- merous meetings of committees and subconunittees indicate some- thing of the activity of the conunission in one direction. Inquiries were sent to 1,942 employers reporting accidents to the State depart- ment of labor, to 975 reporting accidents to the public-service com- mission, and to the presidents of 2,331 labor organizations in the State. Several statistical studies were made as to the economic re- sults of accidents and proceedings at law with reference to such accidents; also the cost of industrial accidents to employers and the distribution of such costs to hospitals, for fees, insurance premiums, settlements, as damages, etc. An investigation of 1,040 work accidents by the State labor depart- ment, in which total losses and payments were ascertained, showed that in 404 of the 902 cases of temporary disability (lasting from one week to more than one year) nothing was received by the injured person, not even medical expenses; while in 304 cases the amount recovered from the employer was less than one-half the loss of wages and expenses of the injury. In 71 cases there was permanent partial disability, reducing the earning capacity of the employee in varying amounts. Of this number 18 received nothing, 22 received $100 or less, 14 received from $101 to $500, 5 received from $501 to $2,000, while 1 person received more than $2,000; suits were stiU pending in 11 cases. In 902 cases of temporary disability there was a wage loss of $66,800, besides medical expenses amounting to $20,000, while all payments by employers amounted to but $25,339, or less than 30 per cent of the losses and costs. Payments in cases of permanent partial disability make a somewhat better showing, approximating 34 per cent of the actual losses, though this omits from consideration the depreciated earning power; while in 10 cases of permanent total dis- ability, computed on a basis of 3 years' wage loss, the payments by employers amounted to but 9.7 per cent of the losses and costs. Data obtained from other sources indicate the same general condition of inadequate compensation for losses suffered. workmen's compensation laws — UNITED STATES. 21 That the system of Uability and damage suits entails waste is shown by the fact that the expenditures of 327 firms in the State in 1907, employing 125,995 men, amounted to $192,538 on account of accidents, accident insurance, legal expenses, etc., of which the amount paid to the persons injured was but $104,643, or 54 per cent of the employers' outgo in this connection. Premium receipts and payments of losses by 9 insurance companies that kept separate accounts of their employers' liability business show that during 1906, 1907, and 1908 they took in as premiums $23,523,585 and paid out in insurance $8,559,795, or but 36 per cent of the premiums received. In connection with attorney's fees, which are frequently contingent on recoveries, it was shown that in 14 of the. 51 cases investigated the fee was less than 25 per cent of the recovery, in 14 cases it was 50 per cent or more, while in the remaining 23 cases it was more than 25 per cent and less than 50 per cent. The question of the cost to the employer of a compensation system as compared with the cost of the present system received considera- tion, the investigation of this phase of the question being conducted by the State bureau of labor statistics. It was concluded that large manufacturing firms (though perhaps not smaU employers) could pay compensation benefits at least equal to the Enghsh scale at no greater cost than incurred for accidents under the existing system, and probably in some cases for less. With the exception of one member, who thought that a change of system was necessary, but that the remedy for the situation had not yet been found, the commission summarized its conclusions as foUows : First. That the present system in New York rests on a basis that is economically unwise and unfair, and that in operation it is wasteful, uncertain, and productive of antagonism between workmen and employers. Second. That it is satisfactory to none, and tolerable only to those employers and workmen who practically disregard their legal rights and obligations and fairly share the burden of accidents in industries. Third. That the evils of the system are most marked in hazardous employments where the trade risk is high and serious accidents frequent. Fourth. That as a matter of fact workmen in the dangerous trades do not, and practically can not, provide themselves adequate acci- dent insurance, and therefore the burden of serious accidents falls on the workmen least able to bear it, and brings many of them and their families to want. The commission recommended legislation along two lines — a com- pulsory compensation act applicable to specified dangerous employ- ments, and an elective law of general application, coupled with amendments to the existing laws on liability. Drafts of bills were prepared and submitted to the legislature in accordance with these 22 "workmen's COMPEKSATION laws — UNITED STATES. views, and, with some amendment, were passed, being the pioneers in their class in the United States. As already noted, the compulsory act was subsequently declared unconstitutional as interfering with freedom of contract and due process of law. Subsequent to this decision, the constitution of the State was amended, as recommended by the commission in its report of May 3, 1911, and a compulsory statute applicable to an extensive list of employments classed as hazardous was enacted in 1913. NORTH DAKOTA. The compensation commission of this State was appointed in accordance with the provisions of an act of March 17, 1911, creating a commission of three persons, one to be an employer of labor, one a representative of labor, and one learned ia the law. No compen- sation was appropriated for the commission but necessary expenses might be incurred, not exceeding $1,000. The report ^ is a pamphlet of 128 pages, and is in. six sections, discussing the present state of the law in North Dakota, its inade- quateness, the statutory modifications of the common law, a brief summary of foreign and domestic compensation acts, two proposed acts for the consideration of the legislature, concluding with a con- sideration of the constitutionality of these proposed acts. The recommendation as to bills is an alternative one, the first being for simple compensation, the law of Wisconsin, being sub- stantially followed, the other conforming closely to the Ohio statute providing for a State insurance system. While the recommenda- tion presents these two forms for consideration by the legislature, the preference of the commission is for the State insurance system as eliminating waste, while the burden of administration is offset by the improved condition of the beneficiaries, reducing police and relief expenses. No law was passed. In the discussion of the inadequacy of present remedies large use is made of the report of the New York commission, while in the con- sideration of the question of constitutionality the brief of Mr. H. V. Mercer, of the Minnesota commission, is said to have been liberally drawn from. OHIO. The report of this commission ^ consists of two octavo volumes, each of more than 400 pages. The first volume contains the report to the State legislature, with numerous appendixes containing sum- maries and discussions of the compensation acts of foreign countries statistical data, Federal and State laws, drafts submitted by other 1 Report ol the Commission on Legislation providing for the Liability of Employers in Compensation tor Injured Workingmen, 1913. 'Eeport to the Legislature of the State of Ohio by the Employers' Liability Commission, I9n. workmen's compensation laws UNITED STATES. 23 commissions, etc. The second volume is made up of minutes of evidence and a record of the pubhc hearings held by the commission. Considerable space is given in. the report proper to a considera- tion of the legal aspects of the question, whUe the social and economic reasons for a change in the law are also discussed. The conclusions of the commission were in favor of a law providing. ' ' a uniform plan of insurance, practically compulsory in its nature," and the argu- ment as to constitutionality is, of course, directed to the support of such a law. Besides the draft of a compensation bUl, the commission recommended an investigation of occupational diseases, an increase in the number of factory inspectors, and an increase of the penalty for violations of the laws requiring the installation of guards and safety devices in factories and workshops. An optional State insurance law was enacted in 1911 and amended in 1913 so as to make it compulsory. OREGON. The commission of this State was appointed by the governor, representatives of employers, of employees, and of the general pubHc being chosen. The report' is a pamphlet of 23 pages, 15 of which are taken up with a draft of a biU prepared by the commission. No hearings or statistical investigations seem to have taken place, the commission having taken into consideration the action of other States in legislation in the same field, and its results. This was said to be "of incalculable value," and the biU reported was "in large measure a composite of features of acts of other States which have been tried and proven, with modifications necessary to a proper unification." The law of Washington was chiefly followed in this draft, an elective system being substituted for a compulsory one, however, the insurance fund to be maintained by contributions from both employers and employees, as weU as other changes of less importance. The reason for this change is chiefly the uncertainty as to the consti- tutionality of a compulsory law, while the practically general accept- ance of the proposed law was anticipated on account of the with- drawal of the customary defenses from employers not acceptir^ the act, and the certain and obvious advantages offered to the workmen by it. A law was enacted in 1913 in practical agreement with the recom- mendations of the commission. 1 Report of Commission to Draft a Workmen's Compensation Bill to be Submitted to tlie 27tli Legislar tive Assembly, 1912.(?) 24 workmen's compensation laws — united states. pennsylvania. An act of June 14, 1911, directed the appointment of a commission with the duty of investigating the prevention of industrial accidents and the compensation of injured workmen and their dependents. The report ^ consists of but 55 pages, mainly occupied with drafts of bills for consideration by the legislature. As to accident prevention, existing legislation is commended and its amendment and better enforcement advised. The question of the desirabihty of a compensation law as com- pared with the present liabihty law is considered as no longer open to debate, the only point being the type to be adopted. State in- surance is thought not desirable, as it removes the incentive to vigi- lant safety work and affords opportunity for injustice in the determi- nation of premium rates. A compulsory compensation system is recommended similar to that provided by the New York statute of 1909, which was declared xmconstitutional in the Ives case, but was thought to require an amendment of the constitution of the State, which is urged. In the meantime an elective compensation system is proposed and a draft of a bill submitted. Correlated laws are recommended to meet the situation that would arise in connection with a compensation law, the full list being an amendment to the factory act, an act requiring employers to make reports of accidents, an elective workmen's compensation law, an act providing for the incorporation of employers' mutual insurance associations, an act regulating pohcies of insurance so as to secure the payment of bene- fits directly to injured workmen in case of the insolvency of the em- ployer, and an act authorizing the appointment of an industrial accidents commission. The commission contemplated in the last-named bill was to make a study of accidents, observe the workings of the compensation law, and suggest such amendments as might be suggested by the first two years of experience. No compensation law was passed at the regu- lar session of 1913. Each house of the legislature passed -a bill, but the two" houses were unable to reach an agreement. WASHINGTON. The report of the Washington commission ^ is one of the briefest, comprising but 5 pages of a pamphlet of 48 pages, the remainder of the pamphlet being taken up with the proposed biU and a discussion of its provisions from a legal viewpoint. Like the Ohio bill, the bill offered is one that provides for State insurance, and so far from feeling itself bound by the case cited by the Minnesota commission it regards 1 Report of Industrial Accidents Commission, 1912. 2 Report of Commission to Investigate the Problems of Industrial Accidents, 1910. WOEKMEn's COMPEN-SATION laws — UNITED STATES. 25 this case as controverted by decisions in the Slaughterhouse cases (16 Wall. (U. S.) 36), and the State Dispensary cases (State v. Por- terfield, 47 S. C. 75; Farmville v. Walker, 101 Va. 323; Carsed v. Greensboro, 126 N. C. 159, etc.). It is said that "it ought to be a sufficient answer that in the proposed act the State is not engaging in a business, but only creating and through State officers disbursing funds, to which the State contributes nothing, in the administration of the poHce power by the means deemed by the legislature most effective. There is no possibility of a revenue or profit to the State, and the State is not insuring anybody or anything." The law enacted provided for compulsory insurance administered by a State depart- ment, and has been sustained as constitutional. WEST VIRGINIA. The legislature of this State provided by a joint resolution of February 24, 1911, for the appointment of a commission, the members of which were in part named in the resolution, and in part to be se- lected from the senate and house, to investigate what States have laws on the subject of liability and compensation and the purport of such laws, to secure data as to the industries of the State and as to the amount of liabihty litigation in the State, and to consider the ad- visability of legislation on the subject. The sum of $5,000 was ap- propriated to meet the expenses of the commission. A volume of 274 pages was issued as Part I of the commission's report,' covering the liabihty and compensation laws of the several States, with a sununary of their principal features and opinions on their form, contents, constitutionahty, and administration, and the more important biUs drafted by State commissions and associations of employers and labor organizations. A second volume to contain the findings and reconunendations of the commission was announced, but a subsequent communication to the United States Commissioner of Labor stated that in all probabiHty no other volume would be pubHshed. The first chapter presents definitions of employer, employee, vice principal, etc., in terms of the statutes of a number of States, while the second presents the text of the liability and compensation laws of the various States. Chapter 3 summarizes these laws, and the fourth chapter presents proposed drafts of biUs. The last chapter is chiefly quoted matter bearing on the points previously considered and on the legal aspects of compensation. 1 Report of the Employers' Liability and Laborers' Compensation Commission, 1911. 26 WOEKMEN"'s COMPENSATION LAWS— UNITED STATES. WISCONSIN. The report of the Wisconsin commission' is a pamphlet of 98 pages, presenting a draft of a bill which is discussed section by section to set forth the working and purpose of the various provisions rather than to support their constitutionahty. There are about 40 pages of tables showing the nature and results of accidents, the out- come of damage suits, insurance costs, etc. The counsel for the commission concluded that no compulsory system of compensation could constitutionally be enacted, except for the State and its subdivisions, while an elective system would be' possible and, by the withdrawal of the defenses commonly offered by employers, acceptable as well. The commission reports that from the beginning they agreed that accidents or deaths suffered in industrial pursuits should be reason- ably compensated, not as a matter of charity, but as a matter of justice; and that as a rule the manufacturers of the State have ap- proved a change in the conditions and have expressed at all times their desire to cooperate in framing a suitable biU and in gathering helpful data. As' to the matter of uniformity of legislation, the commission regarded it as important that Wisconsin and other States, particularly those that are adjacent, should adopt a uniform or nearly uniform scale of compensation, though it did not think it important that the bills should be similar as regards compulsory or optional features. A law was enacted in 1911, in practical accordance with the recommendations of the commission, and has been declared consti- tutional by the courts of the State. UNITED STATES. The Employers' Liability and Workmen's Compensation Commis- sion of the United States was appointed in accordance with the provisions of a joint resolution of Congress approved June 25, 1910, to report by the time of the dpening of Congress in 1911. By sub- sequent legislation its term was extended to March 1, 1912. The report of this commission ^ is approached in size only by fhat of New York, and comprises two volumes of 214 and 1,495 pages, respectively. The first volume contains the report proper of the commission, and three appendixes, the first being a memorandum showing the law and conditions in the United States, Germany, « and England the second presenting the bill recommended by the commission, and the third & statistical appendix of 81 pages showing accident data for ' Eeport of the Special Committee on Industrial Insurance, 1911. ' Report of the Employers' Liability and Workmen's Compensation Commission, 1912. WORKMEN S COMPBNSATIOK LAWS — UNITED STATES. ^l I the years 1908, 1909, and 1910, of railway companies operating practically one-haK the railway mileage of the United States. Judg- ments and settlements for different classes of injuries, the accident rate for different classes of employees by districts, and the days lost by reason of accidental injury are the principal items presented. The second volume contains about 300 pages of briefs and minutes of the hearings. While, on account of the constitutional restrictions on congressional action, the special subject of the hearings and briefs was a com- pensation system for interstate railway service, the economic and constitutional principles underlying the idea of compensation were necessarily considered, and much of the discussion related to these general phases of the question. Of those appearing before the com- mission or submitting briefs, by far the larger number were favorable to a substitution of the compensation idea for that of liability, though on the question of compulsory and elective systems there was more of a division. Constitutional questions were argued ably and at length, the con- clusion of the commission being that Congress possesses the power of absolute control in the field under consideration. A compulsory compensation law was therefore recommended for enactment, the law to be exclusive within its scope. It was said in the report that an elective law appeared to the commission to be fundamentally un- sound. "A law is a rule of conduct prescribed by the law-making power. It should operate upon aU ahke, irrespective of the wishes of the private persons affected by it. It would seem to be an anom- aly in legislation to prescribe a rule of conduct to be observed by the private citizen which the law-making power deemed to be wise, just, and wholesome, and at the same time leave it to the private citizen, as his pleasure or convenience may determine, to say whether or not he will or will not be bound by the terms of the law." The rule of expediency that may control a legislature in its attempt to avoid conflict with the Constitution did not affect the commission's attitude, since it was "thoroughly convinced of the constitutionality of a compulsory law." The argument for exclusiveness is along the same lines. "The basic principle upon which a compensation law is urged is that the existing system of Habihty for negligence is wasteful, unjust, and provocative of ill feeling between employer and employee. To provide for compensation in all cases, whether fault exists or not and at the same time permit the employee to elect between an acceptance of this compensation or a resort to the common-law remedy, would simply amount to a perpetuation of the principal evils of the existing system." 28 workmen's compensation laws — UNITED STATES. The bill that was submitted by the commission passed the Senate at the session of 1912-13, with some amendments, and was further amended in the House, finally failing of enactment because the two Houses were unable to adjust their differences in the face of the opposition that developed to the biU during the closing days of the session. Bills embodying the principles of the commission report and several of the amendments incorporated during the consideration of the measure by the Sixty-second Congress were introduced into both Houses at the called session of the Sixty-third Congress. A copy of this bill, known as the Sutherland bill, from the Senator who was chairman of the commission, is printed following the laws reproduced in this report. This completes the list of reports known to the Bureau at the time of pubHcation of this report. A commission of Louisiana, provided for last year, and those of Indiana, Missomi, Tennessee, and Vermont may be expected to report in due course, and others may have been created and the action not have come to the knowledge of the Bureau. It is obvious that in the state of knowledge of the subject in this country five years ago there was an important place for these com- missions to fill in considering both the economic and legal aspects of the questions involved. With the accumulation of material of a statistical nature and the numerous briefs presenting the social and economic arguments, the necessity for such commissions is largely discounted. As regards the legal aspects, the opinions of the courts of last resort of seven States furnish a guide to legislation in States in which similar views as to the lawmaking power are held. Beginning with a Massachusetts committee in 1903, there has been a series of more than 25 bodies of this nature acting in an investigating capacity, whose conclusions have been unanimously in favor of doing away with the liability system and substituting therefor one of com- pensation; the only approach to a difference of opinion on this sub- ject being a committee appointed in Connecticut in 1907, which, while recognizing that compensation was highly indorsed and agree- ing that it would probably come to be the controlling system in the future, was unable to recommend its adoption at that time. Not only have the commissions been thus imanimous, but in the hearings before the commissions, open to all who wished to present their views as individuals or as representatives of organizations or associations, the defenders of the liability system have been a very small minority. One of the most prominent and perhaps the most active among these opponents of the compensation system said in introducing his argument before the Federal commission: The most impressive feature of the entire discussion has been the almost undivided support given the theory of workmen's compensa- tion by those employers and employees that have appeared before WOEKMEn's compensation laws — UNITED STATES. 29 legislative committee hearings. There seem to have been but few to question its advisability or to present reasons why the abandonment of American ideas and the adoption of European practice may be detrimental, at least to those American workmen who have expended years in building up magnificent systems of compensation for death and disability arising from any cause, and in creating by constant agitation a public sentiment, which during recent years has resulted in greatly improved employers' Uabihty legislation, both State and National. The writer idealizes that the great mass of working people in this country have not exhibited that degree of abihty and determination necessary to protect themselves in the proper manner, and that some- thing should be done to help these helpless working people. What is said herein agaiast the theory of workmen's compensation does not apply to the milHons who have proven themselves helpless, and who apparently must depend upon a paternal government for com- pensation for injuries arising out of modern industries. The sole purpose is to present the question from the standpoint of a railway employee in train service, who has foxmd means of helping himself in matters of compensation for injuries, arising out of his employment. Obviously this opposition is not directed toward compensation as an idea, but toward its application to a small and highly organized body of employees, important in their field, but not typical of the millions of unorganized or less closely organized working men and women whose situation precludes the possibility of self-supported and self-administered benefit systems. And the question is hardly an open one as to whether or not it is desirable to have one law for one class of a railway company's employees and another for another, or even for diflFerent fields of industry; so that while the restricted railway organization (Locomotive Firemen and Enginemen), of which the writer above quoted is the head, has put itself on record as opposed to a Federal compensation law for interstate carriers, the American Federation of Labor has for a number of years been working for com- pensation legislation for all classes of employment. No State or country that has adopted compensation has ever returned to the older system, so that questions of desirability or feasibility may be said to be answered for all legislatures before whom the subject may come, and that without the necessity of statistical or other argument. The question of the type of law seems hardly more capable of sat- isfactory solution by a commission than without its aid. The co- operation of such bodies as the American Federation of Labor, the National Civic Federation, the American Association for Labor Leg- islation, and the commissioners on uniform legislation, despite their strength and the thoroughness of their work, can not be said to have been markedly effective in securing uniformity of type, or of amount of compensation, on which latter point the Wisconsin commission considered that stress should be laid rather than on the general type 30 workmen's compensation laws UNITED STATES. of the law. Doubtless the most satisfactory answer to the questions as to type wiU be given by experience, as intimated by the Colorado commission, but the States do not seem much inclined to defer action to observe in this country the working out of systems that have been long used in European countries. The Legislature of Michigan solves the problem of experimentation by offering practically all options to its employers as to methods of administering the benefits contemplated by the law; i. e., directly by the employer, if of proved solvency; by insurance in. any authorized insurance company; by funds maintained by mutual associations of employers; and by a State fund to which employers may arrange to contribute. This is for the avowed purpose of a determination by experience of the system best adapted to the conditions prevailing in the State. The New York act of 1913 contains practically the same provisions in this respect. PROGRESS OF LEGISLATION. Legislation providing for stated benefits payable without suit or proof of negligence was first enacted in the United States in the form of a cooperative insurance law of the State of Maryland in 1902. This law was of restricted application, affecting only mining, quar- ryiag, steam and street railways, and work by municipalities in con- structing any sewer, excavation, or other physical structure. This law was to be administered by the State insurance commissioner, and made payment an absolute requirement in case of death. It was declared unconstitutional as depriving parties of the right of trial by jury and conferriag on an executive officer judicial or at least quasi-judicial functions.* The next law within the territorial jurisdiction of the United States was an enactment by the United States Philippine Commission in 1905, authorizing the continuance of wages for a period during disability, but not exceeding 90 days, in case of injury received by employees of the insular government in line of duty.^ In 1908 the Federal Congress enacted a law "granting to certain employees of the United States the right to receive from it compen- sation for injuries sustained in the course of employment." Next in order of time was the Montana statute of March 4, 1909, in effect October 1, 1910, providing for the maintenance of a State cooperative insurance fund for miners and laborers in and about the coal mines of the State. Contribution to the fund was compulsory, employers to pay on the basis of the tonnage of coal mined and employees on the basis of their monthly gross earnings. State 1 For an account ol the operations ol this law and the opinion declaring it unconstitutional see Bui. No. 87, pp. 645-648, 689, 690. The law itsellis given in Bui. No. 45, pp. 406-408. : Act No. 1416: See Bui. No. 71, p. 394. workmen's compensation laws UNITED STATES. 31 officials were to administer the fund, payments for death and dis- ability being provided for. While compulsory, the act was not exclusive as against injured workmen, who were permitted to sue under the employers' liability law, though bringing suit forfeited benefits under the law. The double obligation imposed upon the employer by the act was held by the supreme court of the State to invalidate it, though in its essential features it was held to be a valid exercise of the lawmaking power.' The opinion of the court will be further noticed under the heading "Constitutionality and construction of statutes." The next law enacted in this field, and the last before the effect of investigations by commissions came to be influential, is a local law of 1910 of Maryland establishing cooperative insurance funds for the coal and clay miners of Allegany and Garrett Counties. This act is not affected by the compensation law of 1912, and provides for equal contributions to a fund to be collected and disbursed by the treasurers of the respective counties. Miners in Allegany County must pay 27 cents per month and in Garrett County 38 cents per month, employers paying like amounts, unless funds in fixed sums have accumulated in the hands of the respective treasurers. The county commissioners administer the act, the maximum payment for death being $1,500, while for maiming injuries a schedule of awards is provided, the maximum being $750, though medical relief in the amount of $1 per working day for not more than 26 weeks may also be allowed. For injuries without maiming $1 per working day may be allowed for not more than 52 weeks. Suit may be brought, but doing so bars compensation rights, and conversely the acceptance of benefits bars the right to sue. The fault of double liability which was held to invalidate the Montana statute is- avoided in this law by a provision which authorizes an employer who has defended a suit, and against whom judgment has been rendered, to deduct, on compliance with certain conditions, the amount of such judgment and costs from the payments thereafter to be made by him to the county fund.^ It is to be observed of the foregoing legislation, antedating what may be called the commission period, that it is of limited application, either locally or as to the classes of employees affected; also that there appears to have been but little regard to actuarial requirements in its enactment. Indeed in the Federal and Philippine statutes there is no occasion to consider this question, as they are simple compensation laws in form, but in fact falling far short of establishing a balanced compensation system. The remaining laws to be noticed i > For the law in full see Bui. No. 85, pp. 658-661. ' This act is given in Bui. No. 91, pp. 1066-1070; amendments enacted in 1912 appear in Bui. No. Ill, pp. 88, 89. 32 workmen's compensation laws UNITED STATES. may be said to be of general application, and have either foUowed the investigations of commissions or have been enacted under condi- tions making the results of such investigations available to those interested in their enactment. The first of these laws to be noted is the elective compensation law of New York, 1910, followed in the same session by a compulsory law for hazardous occupations. Ten laws were enacted in 1911, 7 providing for simple compensation, and 3 for a system of insurance; while in 1912^ 3 States enacted compensation laws and 1 an insurance law; and in 1913, 7 States were added to the list, in 5 of which a compensation law was enacted, while 2 provided for a system of insurance. The finding of unconstitutionality of the compulsory law of New York as determined by the court of appeals of that State in no way affects the elective law; furthermore a new compulsory law was enacted in 1913, as already noted; so that there are now 22 States having laws of this class on their statute books, of which 16 are compensation laws and 6 provide for insurance. All these laws are reproduced on subsequent pages, as well as the Federal law applying to certain employees of the United States, with its'amendments, and the modified United States commission biU applicable to employees engaged in interstate commerce. By an act of August 24, 1912, Congress authorized the President of the United States to provide a system of compensation for employees on the Isthmian Canal and the Panama Railroad. This was promulgated by President Taft as an Executive order of February 26, 1913, to take effect March 1, 1913. On account of the lack of an appropriation to meet the payments provided by the order, an order was issued by President Wilson on March 24, 1913, suspending the operation of the order of February 26, and continuing in effect the act of May 30, 1908, and its amendments relative to employees of the Isthmian Canal Com- mission. The order providing compensation is reproduced, however, as the later order only suspends and does not abrogate it. The constitution of Arizona as adopted when that State was ad- mitted to the Union contains a provision authorizing the enactment of a compulsory compensation system; while California, New York, Ohio, and Vermont have amended their constitutions to the same effect. Also, the Legislature of Wyoming has taken steps to submit a similar amendment to the people of that State at the next general election. These amendments and the proposed amendment are also reproduced. WOEKMEn's COMPENSATION' LAWS ^UNITED STATES. 33 SUMMARY OF PRINCIPAL FEATURES OF THE LAWS. The principal features of the various laws are presented in two forms, one as a table facing page 48, and the other as analyses of the laws, according to a fixed outline, presented at pages 49 to 74. The form of analysis used ia the latter presentation corresponds to that used ia presentations made of the principal features of foreign workmen's compensation and insurance laws, given on pages 138 to 179. While all the laws under consideration are compensation laws, in that they provide for fixed awards in case of industrial accidents, proof of negligence and legal actions being dispensed with, some of the laws go beyond the simple determination of the right to com- pensation and provide for insurance systems, either under State supervision or otherwise. While, therefore, the laws are all classifi- able as compensation laws, they may be distinguished for convenience as compensation laws and insurance laws. A question, second only in importance to the right of the workman to compensation for industrial accidents, is the security of payments. Under some of the compensation laws, the provision is made that the employer must give satisfactory evidence of his solvency, or must give bond for the payment of any sums for which he may become liable, or must insure his liability in some approved company. The necessity of some provision of this sort, apparent on the face of things, is borne out by the report on the operations under the statute of New Jersey (pp. 115 and 1 16) in which it is reported that in a num- ber of cases the benefits due workmen were not paid to them. The establishment of a State fund involves a considerable depar- ture from the experience of the past in this country, and the question of its advisability is warmly discussed. The compulsory State in- surance system of Washington is the conspicuous example up to the present time, and is claimed by its administrators to have achieved marked success. There is on the other hand vigorous criticism and it is charged by persons within and without the State as being inade- quate and unjust. The elective insurance law of Ohio, which like- wise provides for State management of an insurance fund, fares similarly at the hands of the respective parties, i. e., the adminis- trators of the act and critics among the employers and insurance companies. It is not within the province of the present study to go into the arguments of the two parties, but it is suggestive to note that during 1913 the law of Ohio has been strengthened so as to be in effect com- pulsory, as permitted by constitutional amendment, and that the States of Nevada and Oregon have adopted elective State insurance laws. 22566°— S. Doc. 336, 63-2 3 34 workmen's compensation laws UNITED STATES. SYSTEMS PROVIDED FOR. An inspection of tlie table or chart above referred to discloses a considerable diversity in the matter of systems adopted, whether compensation or insurance, compulsory or elective; if insurance, whether under State control or with approved companies, and whether at the sole cost of employer or cooperative. INDUSTRIES COVERED. There is wide variety in the scope of the laws and the tests adopted for the inclusion or exclusion of industries. In most cases domestic and agricultural labor is excluded, while in some only designated classes of extrahazardous employments are covered. This matter is shown more in detail on the page summaries than in the table. ACCEPTANCE OF COMPENSATION SYSTEM. Under this head are presented the methods prescribed for the expression by employers and workmen of their preference as to the acceptance or rejection of the compensation system. This ranges from an individual filing by each workman of an acknowledged writing in the elective law of New York to a presumed acceptance in the absence of formal rejection in a number of States. ABROGATION OF DEFENSES. Under the elective system in most of the States, it is made an inducement, which has been criticized as coercive, that where em- ployers refuse to come within the provisions of the compensation law the customary defenses to actions for injuries shall not be allowed them. Such abrogation is not necessarily connected with the alternar tive of accepting the provisions of the compensation law, as is evi- dent in the case of the New York statute, but in most instances the provision is made as an alternative one. In some cases where the law applies only to employers having in excess of a certain number of employees, the abrogation of these defenses does not affect em- ployers of a smaller number of employees. The same is true also in cases in which the employee rejects the compensation system and sues an employer who has accepted such a system. SUITS FOR DAMAGES. The bringing of suits for damages seems not absolutely forbidden in any State, though after electing to accept compensation, or failing to give notice of a rejection of the system, the employee may not sue unless the employer was guilty of serious or willful misconduct or failed to comply with the safety laws. In one State it is permitted as a simple alternative in Heu of compensation, but as this State pro- vides for a simple elective compensation system the diflficulty is not met that was found in the case of the Montana statute which fixed "WOEKMEn's compensation laws — UNITED STATES. 35 upon the employer a double liability by compeUing him to contribute to an insurance fund and leaving him still liable to defend an action at law. SPECIAL CONTRACTS. Under this head are presented the provisions of the laws relative to agreements between employers and employees on questions of substitute schemes or modifications of the employer's liabUity under the law. Such schemes are not usually absolutely forbidden, but the employer is not allowed to reduce his liability as fixed by the law, and where the burden of cost is entirely on the employer by the stat- ute, if the employee makes any contribution to the fund or substi- tute system he must receive additional compensating benefits. BURDEN OF COST. With practical uniformity the States have placed the entire burden of the cost of the compensation or insurance systems adopted on the employer. The exceptions to this rule are the States of Maryland, Oregon, and West Virginia, the Ohio law having been amended in 1913 so that contributions by employees are no longer required. GUARANTY OF PAYMENTS. As already noted on page 33 under this general heading, the importance of the guaranty of payments has been recognized even more widely than any provision has been made therefor. One com- mission in considering this matter recognized the practical necessity for such a provision, but desired further time before making a recom- mendation for legislation. Aside from the guaranties and prefer- ences indicated in the table, compensation payments are usually exempt from execution and are not assignable when not in the hands of the beneficiary. WAITING TIME. Most of the laws fix a time during which no compensation is pay- able immediately following the accident causing disability. This ranges from six days to two weeks, and for this time no compensa- tion is allowed in most States other than such provision as is made for medical and surgical attendance. In a few cases, however, if the disability is prolonged beyond a designated time benefits are payable for the fii'st week or weeks of disability. The Federal statute allows no compensation for an injury not continuing beyond 15 days, but where the injury continues payment is made from the first day. This results in the denial of all compensation for disabilities lasting as much as 14 or 15 days, but allowing 16 days' full pay for a dis- ability of a single day or portion of a day beyond the waiting time fixed. An amendment restricted in its application to the Canal Zone permits compensation under local regulations for all work time lost, and in connection with these facts it may be noted that during 36 WOEKMEN's compensation laws UNITED STATES. the 11 months of 1908-9 that this law was in operation 55.2 per cent of aU injuries lasted less than 15 days on the Canal Zone wmie in aU the other branches of the service the number was 40.95 per cent of the total; in 1909-10, 61.4 per cent of the injuries on the Canal Zone terminated within 15 days, while in the other branches ot the service 38.93 per cent so terminated; in 1910-11, 73.04 per cent of the employees on the Canal Zone recovered in less than 15 days, while in the other branches of the service the number amounted to but 39.35 per cent. On the other hand, the recoveries from disability lasting from 15 to 21 daj^s on the Canal Zone during 1908-9 amounted to 12.64 per cent of the whole as against 13.35 per cent in other branches of service; in 1909-10, 8.24 per cent on the Canal Zone as against 14.46 per cent elsewhere; and in 1910-11, 6.96 per cent on the Canal Zone as against 15.48 per cent in the other branches of service. There may be a variety of reasons for these differences, but there is ground at least for a belief that the difficulty in enforcing a return to work under circumstances that would forfeit all compensation, when the prolongation of the disability, whether with or without serious extension of a proper time for recovery, allows the injured workman to secure full pay for aU the time lost, is a factor. AMOUNT OF COMPENSATION. Compensation proper falls into three classes — ^for death, for total disability, and for partial disability, while for disability of any class there may be also different provisions for temporary and permanent disability. Besides these compensation provisions, a number of the laws provide for medical, surgical, and hospital attendance, and in a number of cases for burial in case of fatal injuries as well. The determination of the scale of compensation is a subject earnestly dis- cussed and on which considerable differences have arisen. The necessity for a workable law on the one hand, not excessively bur- densome to the employer and not unduly tempting the prolongation of benefits, whUe on the other hand it affords actually reasonable benefits to the injured workman so as to prevent hardships of de- pendents and loss of income of the family wage earner, have led to a wide variety of attempts as a determination of the proper amounts to be awarded. In defending the proposition for a certain waitiag tune during which no benefits shall be paid, the argument is offered not only that trivial injuries will thus be left out of consideration, but also that it is proper that the workman should share in the burden of accident; so also in determining the scale of compensation, the premise is laid down that the employer should be responsible only for a fraction of the loss incurred, smce the employee is also a factor in industry, and it is industry that is to be charged with the burden of accident, one important report stating that "the scale so far as possible, should divide the wage loss sustained by the em- "workmen's compensation laws — UNITED STATES. 37 ployees and their dependents equally between them and their em- ployers." While it is both impossible and undersirable to compen- sate injuries by the continuance of the full rate of pay, it can not be overlooked that a large actual burden of pain, inconvenience, and expense, is inevitably borne by the injured workman and his famUy on which no money value can be set. Furthermore, the employer is in theory and usually in practice able to add the burden of his ex- pense to the selling price of his product, so that the cost of compen- sation in so far as it is directly chargeable to the employer is capable of being passed on or at least distributed in a way that is entirely outside the possibilities with reference to the loss borne by the workman. The benefits for death are in most cases based on the earnings of the injured person, usually approximating 3 or 4 years' wages, pay- able in installments, ranging from 50 per cent to 66§ per cent of the weekly or monthly wages. In a few cases the amounts are fixed monthly pajrments, uniform for aU classes of employees without reference to their previous iacoifie. Minimum and maximum amounts for weekly or monthly payments and for the total are fre- quently prescribed. The provisions as to children who are benefi- ciaries usually, make the benefits payable in their behalf cease on their reaching the age of 16 years, though ia a few cases the limit is 18 years, while in West Virginia benefits to children cease when they reach the legal age of employment, which in that State is 14 years. A few States have the provision also that benefits shall not cease at the ages named if the recipient is mentally or physically incapaci- tated for earning a living. The remarriage of a widow is made to terminate benefits in a number of cases, though in a few instances a lump sum is payable on such remarriage, either a fixed amount or representing a fixed num- ber of months of benefit payments. If the beneficiary is a widower no provision is made for a similar allowance in case of his remarriage. A few States recognize the fact that a permanently disabled work- man is a greater economic loss to his family than if he were killed outright at the time of the accident, and allow in case of permanent total disability a larger amount of compensation than in case of fatal accidents, some continuing payments for such disability for the full period of the injured workman's life. For the most part, however, the basis of the payments is the same as for death. Where the disability is but partial and continuing, a special difficulty arises in view of the fact that while the workman may be able to return to work of some sort within a few weeks, so that the compensation for total disability is but meager, he is handicapped for life by reason of some maiming or other injury that interferes with his abUity as a workman. Under the Federal law there is no provision for other than total disability, so that a man who has lost an eye receives no 38 WOEKMEN's compensation laws — UNITED STATES. compensation except for the time necessary for the healing of the wound caused by the injury and any necessary consequent operation. The same is true for minor maimings, and even for major injuries m many cases, so that it frequently happens under this law that the amount of compensation is entirely incominensurate with the damage suffered. Thus, there are numerous cases of the loss of a finger or fingers where the compensation ranged from $25 to $50; in 5 cases the loss of an eye was similarly compensated; and ia a case of the loss of a right arm the injured workman received less than $50. Under every State law, however, special provision is made for contiauing partial disability, frequently by an award of a percentage of the wage loss occasioned by such disability, though in a number of cases there is a scale fixed by the law awarding weekly payments for fixed periods after specified injuries, the payments being based on the amount of wages earned . at the time of the injury. The question is one that is earnestly discussed as to which is the fairer method of compensation, the advocates of the percentage basis con- tending that the wage loss may develop with passing years and that the subject of the amount of compensation should be open to revision in accordance with the changing conditions; whUe, on the other hand, it is claimed that there is an apparent fixed proportionate loss for which an equitable award can be made, and which should be made in every case at the time the injury is inflicted. This has the advantage at least of securing compensation to the workman who is injured on the basis of an actually proved injury without leaving the matter open to remote contingencies and the possibility of the disa- bility arising at a time when there is no fund available from which it could be compensated or when by removal or other change of con- ditions it would be impossible to take any steps in the way of proof and the securing of the contemplated compensation. It may be noted that in the legislation of the year 1913 the system of pro- viding a schedule of fixed rates for specified injuries seems to have been in favor, and furthermore, that in amendments to earlier laws such schedules were adopted in lieu of the percentage provision con- tained therein. The schedules of periods of compensation adopted in the various States include generally the same items and it is possible to tabulate them so as to afford a comparison of the awards allowed by the dif- ferent States for specified injuries. In most cases compensation is to continue for a fixed number of weeks, though in a few instances the term is measured by months. In order to make the latter cases comparable with the majority, the nuknber of months indicated has been multiplied by 4J to reduce them to weeks, the nearest whole number of weeks being used. Several of the laws provide for the loss of one phalange of a finger or toe by allowing one-half the com- pensation that is fixed for the whole member, and the term of com- WOEKMEN S COMPENSATION LAWS — UNITED STATES. 39 pensation has been computed in these cases, which accounts for the appearance of a number of fractions in the tables which are not evi- dent on the face of the schedules as enacted by law. It should be borne in mind that the periods named show the time during which compensation payments at the rates fixed in the various laws continue, and do not indicate full pay for that number of weeks. The table follows : SCHEDULES OF COMPENSATION AWAEDS FOE SPECIFIED INJURIES, VAEIOUS LAWS. Nature of injury. Weeks for which compensation IS payable in— Conn.i m.s Iowa. Mass.2 Mich. Minn.i Nebr.i Nev. Loss of— Arui 208 166 38 19 . 38 200 150 60 30 35 17i 30 15 20 10 15 i:? 125 30 15 10 5 100 200 150 40 20 30 15 25 12i 20 10 15 17? 125 25 12J % 100 60 50 12 12 12 12 12 12 12 12 12 12 50 50 12 12 12 12 50 200 150 60 30 35 17i 30 15 20 10 15 175 125 30 16 10 6 100 200 150 60 30 35 17i 30 15 20 10 15 7i 176 126 30 16 10 5 100 215 175 217 173 Thumb 65 One T>lialange Index finger..... 39 One 'Diialanee Middle finger 30 30 One i)£alanee . . 25 22 One nhaLanee Little finger 20 17 Leg ^ -- 182 130 38 215 160 ""i26' 195 Foot 152 Great toe * Oneplialange.., 30 IS 13 11 One TDhalanee Si 104 52 156 520 108 Total disability 8 416 400 500 600 400 3 300 433 Weeks for which compensation is payable in — Nature of injury. N.J.2 Ohio. Oreg.« E.I.2 Tex.a Wis. United States (railroad bill). Loss of— 200 150 60 30 35 17i 30 16 20 10 16 7i 175 125 30 15 10 6 100 200 160 60 30 35 12 30 10 20 7 15 S 175 125 30 416 329 104 52 69 23 39 13 35 12 26 9 381 277 43 50 50 ~ 12 12 12 12 12 12 12 12 12 12 50 50 12 12 12 12 50 50 50 12 12 12 12 12 12 12 12 12 12 50 50 12 12 12 12 50 240 160 40 20 20 10 15 S 8 4 10 4 160 120 20 10 4 4 .120 40 160 478 312 Hand 247 56 28 39 Middle flnser 30 Rine fineer . 26 Little fineer 22 Leg 286 208 Great toe 39 Other toe 10 17 17 100 173 208 416 130 156 312 Total disability 400 « 600 400 («) 1 Payments under this schedule are exclusive or in lieu of all other payments. 2 Payments under this schedule are in addition to payments on account of temporary total disability. s Thereafter a pension during life. « The periods named in this column are to be reduced by any time for which payments on account of temporary total disability have been made. ' Payments during life. 40 WOBKMEN's compensation laws — UNITED STATES. Naturally, with the years of cumulative experience under the European laws, many decisions have been made on the subject of awards for injuries, and on the basis of these awards some laws have been enacted codifying this experience, while in other instances scales have been drawn up for the guidance of administrative ofllcers of the insurance associations. Experts in administration and students of the subject have also taken up the matter and have drawn up tables embodying the experience under these laws either as a matter of selection or by elaboration and a systematic development of proposed percentages of disability. The subject seems of sufficient interest to warrant the introduction at this place of some comparative data, though it is evident that strict comparisons can not be made on account of the varying forms and provisions of the laws. The periods during which compensation is paid and the rate of its payment are to be considered in determining the liberahty of a schedule as well as the rating of degree of disabiUty for a specified injury. The fact remains, however, that on the basis of an award for total disability the European schedules have fixed certain percentages of disability as corresponding to specified forms of injury, and the American laws have likewise fixed a limit for the period of payments for total dis- ability and for the periods for which compensation will be paid for specified iajuries. While, therefore, under the European systems payment is usually continuous during life and the insurance payments begin only after the expiration of a period during which benefits are derived from other funds in many instances, a general idea of the comparative standards can, nevertheless, be derived by considering the tables for the two countries. Since the foreign scales present degrees of disability by percentages of an estimated total disability, while the State laws make awards for specified periods, in order to make the latter comparable with the former it becomes necessary to compute the percentages for the States, using the number of weeks' payments for total disabihty as the base, and determining the percentage for each specific compensation period, respectively. Inasmuch as certain American laws provide for pay- ment during fife, it would be impossible to compute percentages for the temporary awards made without the introduction of the actuarial basis of expectancy, and these are therefore omitted from this com- parison. It must be borne in mind also that in some cases, indicated in the foregoing table, the specific awards provided for are declared to be in heu of all other compensation for the injuries in question, while in others they are in addition to the amounts paid during the continuance of total disability on account of the injury received and in stiU others the law is silent on this point. It is obvious therefore that strict comparisons between the American and European scales WOEKMEN S COMPENSATION" LAWS — UNITED STATES. 41 as thus arrived at are not possible, though a measure of value doubtless remains. The computed table, based on the American laws, is as follows: COMPUTED PERCENTAGES OP DISABILITY FOR SPECIFIED INJURIES, BASED ON SCHEDULES OF COMPENSATION AWARDS UNDER THE LAWS OF VARIOUS STATES. Nature of injury. Conn. Iowa. Mass. Mioh. Mum. Nev. N.J. R.i. Tex. Wis. Lonaof— P.ct. 40 30 7 4 7 P.ct. 60 38 10 5 g 4 6 3 6 3 4 2 44 31 6 3 4 2 25 P.ct. 10 10 2 2 2 2 2 2 2 2 2 2 10 10 2 2 2 2 10 P.c«. 40 30 12 6 7 4 6 3 4 2 3 2 35 25 6 3 2 1 20 P.ct. 60 38 15 g 9 4 g 4 5 3 4 2 44 31 8 4 3 1 25 P.ct. 27 40 15 ¥ 7 i' l' ""is 35 7 3 3 1 26 P.ct. 50 38 15 g 9 4 g 4 5 3 4 2 44 31 g 4 3 1 26 P.ct. 10 10 2 2 2 2 2 2 -2 2 2 2 10 10 2 2 2 2 10 P.ct. 13 13 3 3 3 3 3 3 3 3 3 3 13 13 3 3 3 3 13 P.ct. 50 Hand 33 "Thumb... 8 4 TnrlflTr fin wr. . . , 4 2 Middlefinger 6 3 1 Ring finger S 2 One phalange 1 Little finger 4 2 Onenhal^nge... . 1 Leg ^ ^ 35 25 7 33 Foot 25 Great toe 4 One phalange 2 Othertoo 3 1 1 Sight of one eye 20 10 30 25 8 Hearmg, both ears 33 The Bureau of Labor Statistics undertook some time ago to secure the official scales of disabihty (Invaliditats-Slcdla) of the German associations {Berufsgenossenschaften), but obtained such a scale in only one of the three score instances in which they were supposed to exist, this being the scale of the association managing the insurance in the Bavarian woodworking industries; a number of such associa- tions stated that the matter was in the hands of the administrative bodies, and such tables were not used. There are available, how- ever, in tho library of the Bureau of Labor Statistics and the Library of Congress books presenting the results of a number of studies, while the Twenty-fotirth Annual Report of the Commissioner of Labor Statistics, Workmen's Insurance and Compensation Systems ia Europe, contains some material along these Unes, notably the official schedule used in administering the Eussian workmen's insur- ance law, presented at pages 2107-2111 of the report. Such data as are at hand at this time are collected in a table presented below, the list of injuries being one that was drawn up by the authors of a French work "Accidents du Travail: Guide pour I'E valuation des Incapacites," by Imbert, Oddo, and Chavernac. The data on which this classification and rating is based are cited as from official sources, the German, French, and Austrian material being official adjudica- tions or ratings, while the Italian law itself furnishes the rates for that coimtry. From these four sources, and some others which the authors consider as of commanding value, the scale presented in the 42 wobkmen's compensation laws — united states. first coluirm, headed "Imbert/' etc., is derived, and the foiir succeed- ing colunms present the basic data contained in the work aboTe mentioned. Dr. Maximilian Miller pubHshed a work in 1908 on the subject of degrees of disability under the insm-ance legislation of Germany, ' ' Die Erwerbsunf ahigkeit und ihre Ursachen." This author presents a table based on the collective experience of a number of German insurance associations giving different rates for skilled and unskilled workmen. These rates are presented in the two colunons headed "Miller," on page 44 The next column presents the data furnished by the Bavarian woodworkers' association mentioned above, whUe the column immediately following contains the Kussian standard adopted in 1904, having been drawn up by the medical council of the Ministry of the Interior for the guidance of the physicians con- cerned with the administration of the workmen's insurance law of that country. This scale and the one presented in the column headed "Konen- Koln " present forms of disability not contained in the other scales, to which attention will be given in another place, the items here presented being such as correspond to the Hst of Imbert. The basis of the scale presented by Konen-Koln is the decisions of the German adjudi- cating officers. The next column, headed "Bahr," results from the consideration of the experience of important German, Swiss, and Austrian insurance associations as brought together by F. Bahr. The two last-named scales are presented in a volume, "Handbuch der Unfallerkrankimgen," by Dr. C. Thiem, 1909. Dr. Thiem imder- takes to draw up from the above and other data a table of his own, systematizing the degrees of disability in accordance with the various facts at hand, and the result of his labors is given in the last column of the table which follows: WORKMEN S COMPENSATION LAWS — UNITED STATES. 43 DEGREES OF DISABILITY FOB, SPECIFIED INJURIES, ACCORDING TO VARIOUS FOREIGN STANDARDS AND AUTHORITIES, EXPRESSED IN PERCENTAGES OF TOTAL DISABILITY. Nature of injury. Imbert, etc. German adjudica- tions. French adjudica-. tions. Austrian imperial office ratings. Italten law. Loss of riglit or major- Arm .' Per cent. 76 70 85 65 30 35 15 15 10 6 10 8 S 10 8 5 8 6 3 45 25 20 20 55 35 30 65 50 65 60 75 65 26 30 10 10 8 6 8 6 2 8 6 2 6 4 1 35 20 15 12 45 25 20 60 40 85-90 70-80 60-65 45-55 20-30 12-16 15-20 4-5 3- 5 20-25 20-60 8-10 10-15 10-15 60 Per cent. 60-76 66-75 Per cent. 60-85 70-80 Per cent. 66-83 Per cent. 80 ForflR"Ti . . . 70-80 Disarticulation at shoulder Hand 50-75 30 55-80 14-60 60-83 25-33 70 Thumb 30 Including metacarpal bone Onnrthatn.Tip'ft nnly , , ., 10-20 10-15 10 0-10 20 0-10 0-10 16 0-10 0-10 10 O-IO 40 25-50 33-40 20-33 50-60 45-60 33 50-60 6-30 8-15 7-20 2-12 6-16 5-10 3-10 8-11 5-10 0-8 6-8 3-8 0- 6 16 15 TnrlpiTT fingfir 20 Two phalanges 10 Middlefiiger 8 Two phalanges One Dnalanee onlv... - 1-10 6 TUngfingftr 8 Two"phalanges.. . 5 T-ittifl finger , . , 12 8-10 6 Thumb and index finger - 34-70 33-40 10-20 30-60 40-60 50-60 60-65 60 60-80 60 "Ring piifl littlRilrngftTis. , Index, middle,' and ring fingers^. ThnTn>ip.Tirf't>irfiftfingftrR.7 Loss of left or minor— 60 60-76 66-«3 66-75 75 65-75 Disarticulation at shoulder. . . Hand 60-60 25 50-65 10-20 ' 60-83 25-30 65 Thumb 25 10 10 10 0-10 15 0-10 0-10 0-10 0-10 0-10 0-10 0-10 6-13 11-13 6-20 0-10 5-16 8-15 3-10 8-10 5-8 2- 6 3-10 2-10 1- 6 12 Tnflpx fingPT 15 One phalange only . Middle finger 8 Two pHalanges i-io Two'phalanges. .. .... T.ittlft fingAr One phalange only 8-10 TTidPixqnH mitidlf) fingpTH 20-35 ■R.ingflTui littlpi^TigfTr-q 13 30-40 Thumb, index, an*d middle fingers Index, middle, and ring fingers 33 45 20-35 Thnm>> a-nrf 'thrpn fingPTR , " Four fingers Loss of thigh: D isarticulation 85 66 50-70 50-60 35-50 10-15 50-83 66 45-65 70 Amputation 65-90 43-65 60-65 60 Loss of fog 50 Loss of foot 50 Fore part of foot only Loss of great toe 5-8 10 7 Ineludine metatarsal bone 15 One phalange only. ... 2-8 7-20 5 20-25 25 10-40 15-30 20-30 15-50 5 Loss of all toes 30 33 35 Loss of hearing, one ear: Partial .. 4-22 10 Loss of hearing, both ears: Partial 45 40 44 WOKKMEN S COMPENSATION LAWS — ^UNITED STATES. DEGREES OF DISABILITY EOK SPECIFIED INJURIES, ACCOEDING TO VAEIOUS FOREIGN STANDARDS AND AUTHORITIES, EXPRESSED IN PERCENTAGES OF TOTAL DISABILITY— Concluded. Miller. Bava- rian wood- workers' associar tion. Rus- sian stand- ard, 1904. Kenen- Kohi. Bahr. Nature of injury. Skilled work- men. Un- skilled work- men. Thiem. Loss of right or major — Perct. 80 70 Perct. 60 60 Perct. 70-80 Perct. 75 75 75 76 30 30 15 2S 15 Perct. 75 Perct. 50-668 50-661 Peret. 665-80 Hand 70 30 40 60 20 30 70-80 22-26 66| 26^0 50-66? 18-27 60-665 Thumt 25-30 30 -33} 11-13 16-18 TTid^^T fing^^r . 15 16 15-20 12 -17i 15-18 Two phalanges 5i-6 13-14 Middle finger 10 10 10 5 15 5-10 12 On^ phalHTipo only... . 4-6 8-10 10 10 10 5 10 6 -10 10 t'wo phalanges 3 11 -12 Little finger 10 10 10 10 -17i 10-12 3i-4 Thnmh n.TiH indp.-s: finger... , 50 35 25 20 60 50 35 70 70 60 65 60 65 25 26 10 16 10 Middle ftnd ring fingors Thumb, index, and middle fingers Middle, ring, and litt.lo fingers 50 665 Loss of left or minor- Arm 70 60 60 50 60-70 40-60 40-60 60 -70 Disarticulation at shoulder Hand 60 20 30 60 20 20 60-70 19-22 14-16 60-60 20-25 40-60 12-17i 60 -60 Thumb ,... 20 -25 Including metacarpal bone One phalange only 26 -30 Index finger 15 15 15 8-12 12 -15 Two phalanges One phalange only 4^6i 11-13 Middle finger... 10 10 5 10 5 -10 10 Two phalanges One phalange only 3J-4 7-8 Ringfinger 10 10 5 10 6-10 10 Two phalanges One phalange only 2i-3 9-11 Little finger... 10 10 10 7i-io 10-12 Two phalanges One phalange only 3-3J Thumb and indp.Tr finger. . 40 25 20 10 60 40 20 60 55 Index and middle fingers Middle and ring fingers Ring and little fingers Thumb, index, and middle fingers Index, middle, and ring fingers Middle, ring, and little fingers Thumb and three fingers Four fingers 40 86 75 60 40 Loss of thigh: Disarticulation Amputation 80 60 60 30-40 10 70 60 50 30-40 10 60 -70 75 65 60 50 10 40-60 40-50 30-50 75 60-«6i 60 Loss of leg Loss of foot 50-60 Fore part of foot only Loss of great toe 16 -20 10 5-10 0-10 Including metatarsal bone One phalange only Loss of other toe 6-6 50-60 35-60 ■""'25" 35 5 3-5 Loss of all toes 'ib'^ii Loss of sight, one eye . . 33 10 20 20_ 60 25 10 20 20 60 26-40 Loss of hearing, one ear: Partial 0-10 20 10-40 Complete 10 25 Loss of hearing, both ears: Partial Complete 60 66 WOEKMEn's compensation laws — UNITED STATES. 45 As mentioned in the introduction to the foregoing tables, certain forms of disability are provided for in some of these scales which are not mentioned in the American laws except by the provision in some cases that the loss of the use of a member is equivalent to the loss of that member. On account of their interest in the general field, some of these rates are given in the following table, though not strictly comparable with any American material: DEGEEES 01" DISABILITY FOE SPECIFIED INJURIES OTHER THAN MAIMINGS, ACCORDING TO CERTAIN FOREIGN STANDARDS, EXPRESSED IN PERCENTAGES OF TOTAL DISABILITY. Nature of injury. Russian standard, 1904. Right. Left. KSnen-KoIn. Right. Left. StifE wrist joint Stiff elbow Joint at full extension or full flexion StiS elbow joint at right-angle flexion Loose elbow joint Stiffness of elbow and wrist joints Stiffness of shoulder joint Inability to raise arm above horizontal position Habitual dislocation of shoulder Stiffness of knee joint at extension Stiffness of knee joint strongly flexed or overextended . . Loose knee joint Fracture of patella with injury to extension attachments 40 60 40 60-70 70 60 30 3S 30 50 50-60 40 20 15 40 SO 60 50 50 60-70 50 50 Injuries to the eye have received comparatively little attention in American laws, degrees of visual capacity being noted in perhaps but one statute. The subject has been given detailed attention in European practice, the medical council of the Kussian Ministry of the Interior having adopted what is known as Josten's table for com- puting the degrees of disability due to the weakening of eyesight. The table is as foUows: JOSTEN'S TABLE FOR DETERMINING DEGREES OF DISABILITY RESULTING FROM WEAKENING OF VISION. s. 0.50 0.40 0.30 0.20 0.10 0.00 0.50 0.00 6.50 13.50 20.00 26.50 33.60 .40 6.50 14.50 22.00 30.00 38.00 46.00 .30 13.50 22.00 31.50 41.00 50.50 60.00 .20 20.00 30.00 41.00 52.00 62.50 73.50 .10 26.50 38.00 50.50 62.50 75.00 87.00 .00 33.50 46.00 60.00 73.50 87.00 100.00 Note.— S. stands for strength of vision; the first horizontal Une of figures gives the remaining strength of one eye, and the first vertical line the remaining strength of vision of the other eye. The figure at the crossing of the two lines proceeding from the respective figures in the first horizontal and vertical lines gives the degree dl loss of vision. Thus, when the vision in one eye is 0.20, and the other 0.10, the disability is 62.50 per cent. Besides the strength of central vision, other conditions^ such as accommodation, muscular action of the eye, etc., as well as the nature of the employment of the mjared, may be taken into consideration. 46 WOEKMEN's compensation laws UNITED STATES. A small volume by a German authority, Dr. Maschke, makes this subject the sole matter of its consideration. This volume in a French translation is entitled "Guide Pratique pour la Determination des Rentes en Cas d' Accidents Oculaires." The table presented by Dr. Maschke is said by him to be the rating actually employed in German practice in determining insurance benefits. It differs in detail from the Josten's table used by the Russian authorities, making more refined distinctions as to degrees of disability. The method is the same as in Josten's table, i. e., the left-hand column represents the visual power of one eye and the horizontal line of fractions represents the visual power of the other, while the figure in the body of the table found at the vertex of a right angle drawn from the two fractional quantities represents the percentage of a total disability that is allowed for the particular case. Thus if the left-hand figure, one-seventh, represents the visual capacity of one eye, and the fraction, one-half, represents the visual capacity of the other, the amount of compensation allowed wpuld be 20 per cent of a full allowance. It will be noted that in eight cases an amount of compensation in excess of the standard full allowance is granted, the amounts ranging from 105 to 125 per cent. This is explained by the fact that it is considered that the person whose loss of vision is so extensive as to involve complete or practically complete blindness is entitled to a higher rate of compensation because he is not only in- capable of exercising any trade but in addition requires personal care and attention. The table follows: GERMAN TABLE FOB DETERMINING DEGREES OF DISABILITY RESULTING FROM WEAKNESS OF VISION. Visual capacity. lto3 lto5 5-- i i i + tV A A 5 10 10 15 15 20 20 25 5 10 10 15 20 25 25 30 35 5 10 25 25 30 30 35 40 45 55 10 10 25 40 40 45 50 65 10 15 30 40 55 60 65 70 75 80 15 20 30 45 60 70 75 80 85 90 15 25 35 50 65 75 85 90 95 105 20 25 40 55 70 80 90 95 100 115 20 30 45 60 75 85 95 100 110 125 25 35 55 65 80 90 105 115 125 125 WOEKMEn's compensation laws — UNITED STATES. 47 While many of the distinctions presented in the foregoing tables are far more elaborate than any yet in force, the development of a system of compensation awards will necessarily involve the use of scales for the guidance of administrators of compensation laws. Indeed, one of the most elaborately worked-out schemes that has come to the attention of the writer is the one proposed by the Indus- trial Accident Board of the State of California, undertaking to deter- mine schedules of percentages of physical disabilities resulting from injuries sustained through industrial accident, each organ and part of the body being considered in turn and the various forms of disability to which they are subject being enumerated, the parts being consid- ered singly and in combination. The length to which detaU is carried in the proposed scheme may be seen by the fact that when consider- ing tfie middle and ring fingers 42 items are presented; for the lower extremities, 26; for shoulders and arms, 28; for the eye, 14, etc. The working out of fixed scales in such extended detail necessarily requires a wfde range of experience or a large use of estimates based on rea- soned proportionate results. In the French work by Imbert, Oddo, and Chavernac it appears that some of the estimates made by the authors were thus derived or reasoned rather than based on actual awards. The writer is aware of the fact that data are in existence on which some of the tables presented in this study are based, and the Bureau of Labor Statistics has in view the further pursuit of this subject, so as to be able to present more fully the details of European experience along these lines. TIME FOR NOTICE AND CLAIM. " Limitations are placed on the time for giving notice and for making claims under the acts, notice usually being required within from 10 to 30 days, and a claim within from 6 months to 2 years. A num- ber of laws contain the provision that no notice is necessary where the employer has other knowledge of the fact or where the accident was a fatal one. The time set may also be extended if it is shown that the employer was not prejudiced by the delay. The time for pre- senting the claim or bringing action thereon appears usually to be fixed absolutely. SETTLEMENT OF DISPUTES. Under this head are given the agencies to which recourse may be had on the failure of the employer and his workmen or the claimant to reach an agreement as to the amount of compensation or other facts involved. In a number of States a special conmiission or board is created to have charge of the administration of the law and, if an insurance law, of the funds collected under it. In other States arbi- trators chosen for the purpose or any standing committee of the 48 workmen's compensation laws — united states. employer and his workmen may take cognizance of the disputes, while in some States the disputes are referred to the courts. In all cases an appeal, sometimes only on certain phases of questions myolved, may be had to the courts. Where the courts are charged with the settlement of disputes, it may be provided that proceedings shall be summary, or that juries may be dispensed with in such cases. NONRESIDENT ALIEN BENEFICIARIES. The provisions of the laws as to beneficiaries residing abroad are quite various, some of the laws giving them the same standing as other beneficiaries, others excluding them entirely, while still others permit persons only of certain degrees of kinship to receive benefits or limit the amounts payable to nonresidents. PRINCIPAL FEATURES OF LAWS RELATING TO WORKME States, etc. Connecticut. Ch. 138. Approved May 29, 1913. In effect Jan. 1,1914. Illinois. P. 314. Approved June 10,1911. In effect May 1, 1912. Amended June 28, 1913. Iowa. Ch. 147. Ap- proved Apr. 18, 1913. In effect July 1, 1914. Kansas. Ch. 218. Approved May 14.1911. In effect Jan. 1, 1912. Amended Mar. 10, 1913. Michigan. No. 10. Approved Mar. 20.1912. In effect Sept. 1, 1912. Amended Apr. 10, Apr. 16, May 2, May 7, 1913. Minnesota. Ch. 467. Approved Apr. 24.1913. In effect Oct. 1, 1913. Nebraska. Ch. 198. Approved Apr. 21,1913. In effect July 17, 1913. New Hampshire. Ch. 163. Ap- proved Apr. 15, 1911. In effect Jan. 1, 1912. New Jersey. Ch. 95. Approved Apr. 4, 1911. In effect July 4, 1911. Amended May2, 1911, Apr. 1, 1912, Mar. 27, 1913. New York. Ch. 352. Approved May 24, 1910. In effect Sept. 1, 1910. Rhode Island. Ch. 831. Approved Apr. 29, 1912. In effect Oct. 1, 1912. Amended Apr. 29, 1913. Wisconsin. Ch. 50. Approved Mav 3, 1911. In effect same date. Amended June 26 and Aug. 9, 1913. Arizona. Ch. 14 (extra session). Approved June 8, 1912. In effect Sept. 1, 1912. Amended May 13 1913 California. Ch.399. Approved Apr. 8, 1911. In effect Sept. 1, 1911. Amended May 26, 1913. New York. Ch. 816. Approved Dec. 16, 1913. In effect July 1,1914. United States. 35 Stat., 556. Ap- proved May 30, 1908. In effect Aug. 1, 1908. Canal Zone. Ex- ecutive order, Feb. 29, 1913. In effect Mar. 1,1913. (Suspended.) United States (Railway E m - ployees' Bill). Maryland. Ch.837. Approved Apr. 15, 1912. In ef- fect same date. Mas sachusetts. Ch, 751. Ap- proved July 28, 1911. In effect July 1, 1912. Nevada. Ch. 183. Approved Mar. 24,1911. In effect July 1, 1911. Amended Mar. 15, 1913. In ef- fect July 1, 1913. Oregon. Ch.ll2. Approved Feb. 25; 1913. In ef- fect July 1, 1913. Texas. Ch. 179. Approved Apr. 1ft. iflis. In ef- System provided for. Compensation, elec- tive. Compensation, elec- tive (compulsory as to State and its municipalities). ..do. Compensation, elec- tive. Compensation, elec- tive (compulsory as to State and its municipalities). Compensation, elec- tive. .do. .do. Compensation, elec- tive (compulsory as to State and its municipalities). Compensation, elec- tive ....do Compensation, elec- tive (compulsory as to the State and its municipalities). Compensation, com- pulsory. .do. .do.. .do. .do. Insurance, coopera- tive, elective. Insurance, elective (State or in au- thorized com- pany). Insurance, elective (compulsory as to State and munici- palities). State insurance, elective. Insurance, elective (State or author- ized company). Industries covered. How election is made. All., All (casual employees . and those not exposed to hazards of employ- ments excepted). All except domestic and agricultural labor (casual employees ex- cepted). " Especially dangerous " (enumerated list) where 5 or more workmen are e ra - ployed. 2 All (casual employees excepted). All except railroads in interstate commerce, and domestic and ag- ricultural labor (casu- al emplovees except- ed). All employing 5 or more workmen, except rail- roads in interstate commerce and domes- tic and agricultural labor (casual employ- ees and outworkers excepted). "Dangerous" (enumer- ated list). .Vll (casual employees excepted). All but railroads. .Vll employing more than workmen, e.x- cept in domestic serv- ice and agriculture (casual employees and those earning over SI, SOO excepted). All (casual employees excepted). 'Especially dangerous" (enumerated list): elective as to all others. All except domestic and agricultural labor (casual employees ex- cepted); elective as to excepted classes. Hazardous employ- ments (extensive list); domestic and agricul- tural labor excluded. Artisans and mechanics in certain classes of em- plovments; all persons in hazardous employ- ment in certain others. All employees on Pana- ma Canal or Railroad. Railroads in interstate commerce. All.. All (casual employees excepted). All employing 2 or more persons. Hazardous (entimerated list); others if employ- ers elect. Employers of more than 5 persons, except rail- ways, cotton gins, By employer. Presumed in ab- sence of written notice. Presumed as to employers in designated ex- trahazardous employments in absence of writ- ten notice; other employers file notice. Presumed in ab- sence of notice posted in estab- lishment and filed with indus- trial commis- sioner. Presumed in ab- sence of notice posted in estab- lishment and filed with secre- tary of state. Writing filed with accident board. Presumed in ab- sence of notice posted in estab- lishment and filed with com- missioner of la- bor. Presumed in ab- sence of notice posted in estab- lishment and filed with insur- ance commis- sioner. Writing filed with commissioner of latx)r. Presumed in ab- sence of written notice to em- ployees. Writing filed with county clerk. Writing filed with commissioner of industrial statis- tics. Presumed as to employers of 4 or more persons (except rail- roads) in absence of notice filed with industrial commission ; other employers may elect by filing notice. By employee. Presumed in ab- sence of written notice. Presumed in ab- sence of written notice, if em- ployer elects. Presumed in ab- sence of written notice to em- ployer and in- dustrial com- missioner. Presumed in ab- sence of written notice filed with secretary of slate. Presumed in ab- sence of written notice, if em- ployer elects. Presumed in ab- sence of notice to employer and filed with com- missioner of la- bor. Presumed in ab- sence of notice to employer and filed with insur- ance commis- sioner. Byacceptingcom- pensation or be- giiming proceed- ings under the act. Presumed in ab- sence of written notice to em- ployer. Writing filed with county clerk. Presumed in ab- sence of written notice, if em- ployer elects. Presumed in ab- sence of written noticg to em- ployer, if em- ployer elects, ex- cept on rail- roads, where acceptance must be in writing. Defenses abrogated if employer does not elect. Assumed risks, fellow service , and contributory negligence, except as to casual employees, and employers of less than 5 persons. Assumed risks, fellow serv- ice, and contributor^' negligence, as to em- ployers in designated extrahazardous employ- ments. Assumed risks and fellow service ; contributory negligence unless will- ful. Assumed risks and fellow service; contributory negligence to be meas- ured. 3 Assumed risks, fellow serv- ice, and contributory negligence, except in suits by domestic and farm laborers. Assumed risks and fellow service ; contributory negligence unless will- ful. Suits for damages are- Not permitted after elect- ing compensation. .do. Not permitted after elect- ing compensation, un- less employer is in de- fault on insurance pre- miums. Not permitted after elect- ing compensation. .do. By contract in writing with employee. By subscribing to State associa- tion or insuring in other com- pany. Presumed in ab- sence of notice posted in estab- lishment and filed with com- sion. Presumed as to employers 1 n hazardous employments in absence of no- tice posted in establishment and filed with commissi on; other employers file acceptance. By sutecrioing to State associa- tion or insuring By contract in writing with employer. Presumed in ab- sence of written notice, if em- ployer iBsures. Presumed in ab- sence of notice to employer and filed witn com- mission. Presumed in ab- sence of written notice, if em- ployer elects. No option.. None (assumed risks, fel- low ser\'ice, and contrib- utory negligence re- stricted by liability pro- visions of statute). Assumed risks and fellow service ; contributory negligence unless will- ful. None; restricts defenses of assumed risks and fel- low service; requires , proof of contributory j negligence. .Vssumed risks, fellow service, and contribu- tory negligence, except j for domestic and farm ] labor and employers of 5 j - or less persons. .\ssumed risks: also fellow service and contributory ; negligence unless will- ful, if 4 or more employ- ees. Permitted in lieu of com- pensation. Not. permitted after elect- ing to receive compen- sation. Permitted in lieu of com- pensation if emplo3'er was guilty of serious or willful niisconduct or violated safety taw. Not permitted after elect- ing to receive compen- sation. .do. Permitted inlieu of com- pensation. Permitted in lieu of com- pensation if employer was personally grossly negligent. Permitted if employer fails to secure payment of compensation; de- fenses of fellow service, assumed risks, and con- tributory negligence abrogated. Government can not be sued. Assumed risks, fellow service, and contribu- tory negligence, except in domestic and farm labor.3 Assumed risks and fellow service; contributory negligence except will- ful.' Assumed risks and fellow service; contributory negligence unless willfiU. Assumed risks and fallow service ; contr ibutory negligence to be meas- Not permitted.. .do.. Special contracts. Approved schemes may be substitu- ted. Employer may in- sure or maintain a benefit fund, but may not reduce liability fixed by law. Approved schemes may be substitu- ted, but no reduc- tion of liability allowed. Approved schemes may be substi- tuted. Forbidden. Employer may in- sure or maintain a benefit fund, but may not reduce liability fixed by law. Forbidden. Burden of cost is Employer. . do. No substitute agree- ments valid. Approved schemes may be substi- tuted; no reduc- tion of liability allowed. Insurance or other schemes permit- ted, but no reduc- tion of liability al- lowed. Permitted if com- pensation is pro- vided not less than that of the act. Employer may in- sure or maintain a benefit fund, but may not reduce liability fixed by law. Forbidden Waivers forbidden . Waivers forbidden. Permitted if injury is due to the failure of the employer to comply with safety laws. Not permitted after elec- tion of insurance sys- tem. Not permitted after em- Eloyer's election, unless e is in default on pre- miums. Permitted if injury was due to employer's fail- ure to comply with safety laws or nis inten- tion to injure, or em- ployer is in default on msurance premiums. Not permitted against employers accepting in- surance system except Law is based on contracts with casualty compa- nies. Employers of not less than 1,500 persons may maintain estab- lishment funds. Employer must in- sure in author- ized company or State association. Forbidden do. .do. .do. .do. .do- .do. ....do. .do. .do.. .do .do... .do. .do. .do. .do.. Security of payments. To <] c Employer must give proof of solvency or in- sure risks. Employer must give proof of financial ability, furnish security, insure, or make other provision for security. Employer must give proof of solvency or in- sure risks. Bond may be required to secure lump sums awarded by court. In- surers have rights and duties of insured em- ployers. Employer must give proof of financial ability or procure State, mu- tual, or private insur- ance. If insolvent, claims are a first lien. If insured employer is insolvent, claimants have lien on proceeds of policy. If insured employer is insolvent, claims are enforcible directly against the company. Employer must give proof of financial ability or give bond. Compensation payments are preferred claims on assets of employer. Employer, not less than 50 per cent (plus cost of management in case of estal> lishment funds ) ; remainder on employees. Employer , No waiver permit- ted; insurance with other cnm- .do. Payments are a claim su- do perior to unsecured debts. Employer must give proof of financial ability or in- sure risks. Employee one-half of 1 per cent of wages (not less than 25 cts. per month), em- ployer 6 times as much; State subsidy. Judgments awarding com- pensation have same "preference as wage debts. Payments have same pref- erence as wage debts. Employer must give proof of financial ability (de- posit of securities may be required) or procure State, mutual, or pri- vate msurance. Payments are made from regular appropriations. Government supervision and funds. Claims are first liens on property of insolvent employers. Establishment funds must be held as trust funds. State control of Employ- ees' Insurance Associa- tion. Insurance is under State control. -do.. Employer.. -do.. TO WORKMEN'S COMPENSATION AND INSURANCE. security of payments. To be compensated disability must continue— nployer must give proof of solvency or in- sure risks. nployer most give proof of financial ability, furnish security, insure, or make other provision for security. mployer must give proof of solvency or in- sure risks. ond may be required to secure lump sums awarded by court. In- surers have rights and duties of insured em- ployers. mployer must give proof of financial ability or procure State, mu- tual, or private insur- ance. If insolvent, claims are a first lien. ' insured employer is insolvent, claimants have lien on proceeds of policy. insured employer is insolvent, claims are enforcible directly against the company. " mployer must give proof of financial ability or give bond. smpensation payments are preferred claims on assets of employer. .do.. ayments are a claim su- perior to unsecured debts. mployer must give proof of financial ability or in- sure risks. More than 2 weeks - More than 6 work- ing days; then compensation from eighth day. More than 2 weeks . Compensation for- Death. Total disability. Tartial disability. idgments awarding com- At least 2 weeks: pensation have same then compensa- preference as wage debts. ' tion from date of accident. .do. More than 2 weeks (payment from date of injury if disability lasts S weeks or more). More than 2 weeks . More than 2 weeks (payment from date of injury if disability lasts S weeks or longer). More than 2 weeks . . .do. ..do. ..do. More than 1 week (payment for first week if disability lasts more than 4 weeks). lyments have same pref- erence as wage debts. nployer must give proof )f financial ability (de- posit of securities may 36 required) or procure State, mutual, or pri- rate msurance. yments are made from egular appropriations. vemment supervision nd funds. ims are first liens on roperty of insolvent mplbyers. ablishment funds must e held as trust fimds, )e control of Employ- s' Insurance Associa- u^ince is imder State ntrol. io.. More than 2 weeks . ....do. More than 15 days . More than 5 days . . More than 2 weeks . . At least 1 week if so provided in the contract. More than 2 weeks. More than 2 we*ks (payment from date of injury if disability lasts 8 weeks or more). $100 fimeral expenses; 50 per cent of wages for 312 weeks; So minimum, $10 maximum; no depend- ents, $750 to State ex- pense fund. 4 years' earnings; $1,500 minimum, $3,500 maxi- mum ; no dependents, $150. Funeral expenses, not over $100; 50 per cent of wages for 300 weeks; $5 minimum, $10 maxi- mum. 3 years' earnings; $1,200 minimum, $3,600 max- imum; no dependents, $100. 50 per cent of wages for 300 weeks : S4 minimum , $10 maximum; no de- pendents, $200. 25 to 60 per cent of wages for 300 weeks; ?6 mini- mum, $10 maximum: no dependents, $100. SlOO funeral expenses; 50 per cent of wages for 350 weeks; to minimum, $10 maxim tun. 150 times weekly earnings, not more than $:j.000; no dependents, SlOO. 35 to 60 per cent of wage'? for 300 weeks; $5 min- imum, $10 maximum; no dependents, SlOO. 1,200 times daily eamincs; $;3,000 maximum; no de- dependents, 3100. 50 per cent of weekly wages for 300 weeks; ?4 minimum. SIO max- imum; no dependents, S200. 4 years' earnings, but amount added to prior disability payments may not exceed 6 years' earnings: no depend- ents, $100. 2,400 times one-half the daily wages; S4,00o max- imum; no dependents, medical and burial ex- penses. 3 years' earnings; $1,000 minimum, $5,000 max- imum; no dependents, $100. $100 funeral expenses; widow or dependent widower, 30 per cent of wages until death or re- marriage; 10 per cent additional for each child under IS years, total not over 66§ per cent. 1 year's earnings 50 per cent of eaming.s for not over 520 weeks; $5 minimum, $io maxi- mum. 50 percent of weekly earn- ings for 8 years ; $o mini- mum, $12 maximum, up to $3,500.1 50 per cent of wages for 400 weeks; $5 minimum, $10 maximum. 50 per cent of weekly earnings; $0 minimum, S15 maximum, for not more than S years. 50 per cent of wages for not over 500 weeks; $4 minimum, SlO maxi- mum, total not to ex- ceed $4,000. 50 percent of wages for 400 weeks; SO minimiun, $10 maximum. 50 per cent of wages for 300 weeks; $5 minimum, $10 maximum, then 40 percent of waives during iifp; $4 minimum, $S maximum. 50 per cent of average weekly piiming^: maxi- mum, SlO fur not more than 300 weeks. 50 per cent of wacres for 4iX) weeks; §5 minimum, §10 maximum. Medical and surgical aid. 50 per cent of wage de- crease; $10 maximiun, for not over 312 weeks; fixed rates for specified 'injuries. 50 per cent of wage de- crease; $12 maximiun, for not more than 8 j-ears: fixed rates for specified injuries. Fixed rates for specified injuries; proportionate for others; $5 minimum, $10 maximum. 25 to 50 percent of weekly earnings; $3 minimum, $12 maximum, for not more than S years. 50 per cent of wage de- crease, $10 maximum, for not over 300 weeks; fixed rates for specified injuries. 50 per cent of wage de- crease for 300 weeks; $6 minimum, $10 maxi- mum; fixed rates for specified injuries. 50 per cent of wage de- crease: $10 maximum, for 300 weeks; fixed rates for specified m- juries. 50 per cent of wage loss; maximum, $10 per week, not more then 300 weeks. Fixed scale for specified injuries; others propor- tionate. During first 30 days . Time for notice and claim. Disputes settled by— During first 8 weeks, not over $200; physician or surgeon during disa- bility unless employee prefers his own. During first 2 weeks; not over$100, mcluding bur- ial if injury was fatal. O nly if employe e dies leaving no dependents. During first 3 weeks.. During first 90 days; not over $100, or by order of court, $200. During first 3 weeks; not to exceed $200. Only if employee dies leaving no dependents. Notice in 30 days; claim in 1 year. Notice as soon as prac- ticable, not later than 30 days; claim in 6 months. Notice in 15 days; if in 30 days, not barred except as to extent employer was prejudiced; bar al>- solute after 90 days. Notice in 10 days; claim in 6 months. Notice in 3 months; claim in 6 months. Notice in 14 days; if in 30 days, not barred except as "to extent employer was prejudiced; bar ab- solute after 90 days. Notice as soon as prac- ticable; claim in 6 months; petitions filed in court in 1 year. 50 per cent of wages (not 50 per cent of wage de- iQore than Siu weekly) crease; same limits as fjr not more than s | for total disability. years. .Any time. More than 1 week. .. Burial or transportation of body; spouse receives 35 per cent of earn- ings for 6 years, then 20 to 30 per cent, until death or remarriage ; added sums for children, total not over 50 per cent. 25 to 50 per cent of earn- ings for 8 years, $50 minimum monthly wage; $75 funeral bene- fit i f monthly payments do not exceed $15. 3 years' earnings, $1,000 minimum; no depend- ents, $75 minimum, $100 maximum. 50 per cent of wages for 300 weeks, $4 minimum, $10 maximum; no de- pendents, $200. $125 burial expenses and 50 per cent of earnings for 100 months, $20 minimum, $60 maxi- mum, total not to ex- ceed $5,000. No de- pendents, $125 medical and burial expenses. $100 burial expenses; widow or invalid wid- ower, $30 per month until death or remar- riage; S6 additional for eacn child tinder 16, total not to exceed $50. 60 per cent of wages for 360 weeks, $5 minimuno^ $15 maximnm; no benefi- ciaries or creditors, $100. 50 per cent of weekly earnings for not over 5 J!J weeks; -^ minimum, $1U maximum. 65 per cent of wages; if nurse is required, IC") per cent afier 90 days; no total to exceed" 6 years' earnings. 50 per cent of average semimonthly earnings, during disability, not to exceed $4,000. 65 per cent of wages for 240 weeks, then 40 per cent for life. 66| per cent during con- tinuance, So minimum, $15 maximum. Same pay as if employed, not to exceed 1 year. 5d per cent of earnings for 6 years, then 25 to 40 per cent until death. i^O per cent of monthly wages during disability; for life, if permanent. 50 per cent of average weekly wages during previous 12 months, if so long in employer's service; if not, then a weekly benefit for such shorter period as he may have been in such serv- ice. 50 per cent of wages for not over 500 weeks, $4 minimum, $10 maxi- mum, total not to ex- ceed $3,000. 50 per cent of earnings for 100 months, $20 mini- mum, S60 maximum, not to exceed $5,000. $30 per month if single, $35 if dependent spouse, $6 additional for each child, total not to ex- ceed $50. 60 per cent of wages for not over 400 weeks, $5 minimum, $15 maxi- mum. During first '. over $50. weeks; not Only if employee dies leaving no dependents. 50 per cent of wage de- Reasonable services for crease. $10 maximum, first 2 weeks; maximum for not more than 300 | $200 in fatal cases with weeks; fixed rates for : no dependents, includ- specified injuries. i mg burial. 115 per cent of wage de- crease; no total to ex- ceed 4 years' earnings; fixed rates for specified injuries. 50 per cent of wage de- crease until recovery, not to exceed $4,000. 65 per cent of wage de- crease for fixed periods proportionate to disabil- ity. G63 per cent of wage de- crease, fixed scale lor specihed injuries; $5 minimum, $15 maxi- mum; for certain maim- ings, $20 maximu m. All benefits cease when able to resume work. 50 per cent of wage loss for b years, tnen .16 to 40 per cent. Fixed rates for specified injuries; proportionate lor other partial disa- bilities. Difference between amoimt for total disa- bility and amount work- man is able to earn after the injiu-y; fixed propor- tions for specified in- jm-ies. 50 per cent of wage loss, $10 maximima, for not more than 300 weeks; fixed rates for specified injuries. 50 per cent of wage de- crease, $40 maximum, for not more tiian 60 months; fix:ed rates for specified injuries. Proportionate bsnefitsfor not over 2 years if tem- porary; fixed rates lor specified injuries. 60 per cent of wage de- crease, $15 maximum, for not over 300 weeks; fixed rates for specified injuries. For not more da vs. than 90 Only if employee dies leaving no dependents. During first 90 days. . During first 60 days. No provision. Reasonable services.. During first 2 weeks, and thereafter not to exceed $200, imless employee provides own care. Only if employee dies, leaving no dependents. During first 2 weeks. . Only if employee dies, leaving no dependents. Not to exceed $250. Compensation com- missioners; appeal to courts. Arbitrators for each case, subject to re- view by industrial board and appeal to courts. Industrial commis- sioner and two others as arbitra- tors; limited ap- peal to courts. Local committees or arbitrators; court review allowed. Industrial accident board ; arbitration, appeals tosupreme court. Courts. Arbitrators or dis- trict coint of coimty. Nonresident alien beneficiaries of deceased work- Half rates, except as to residents of Canada or de- pendencies of the United States. $750 maximimi ex- cept to residents of Canada. Included. Notice as soon as prac- Proceedings in ticable and before leav- equity, ing service; claim in 6 months. Notice in 14 days; if in 30 days not barfed except as to extent employer was prejudiced, but ab- solute after 90 days; claim in 1 year. Notice as soon as prac- ticable and before leav- ing ser\'ice; claim in 6 months. Judges of court of common pleas; limited appeal to supreme court. Arbitration or courts. Notice in 30 days; claim i Courts in summary in 1 year. | proceedings. Included. Included (widows, children, and parents only). Beneficiaries must be residents of State. Excluded. Notice in 30 days; claim in 2 vears. " ' Notice in 2 weeks; none required in case of death or incompetence. Action on claim within 1 year. Notice in 30 days; claim ! in 6 months for dis- ability, 1 year for death. ' Notice of injury in 10 days, of death in 30 days, im- less excused for cause; claim in 1 year. Claim for disability in reasonable time; death in 9u days. Notice of injury immedi- ate, of death in 90 days; claim for injury in 60 days, for death in 1 year. Notice in 90 days; claims lapse In 2 years. Contract may require rea- sonable and timely notice. Notice as soon as prac- ticable; claim in 6 months. Applications must be made and claims en- forced in 1 year. Claim in 1 year.. Daring first week. Notice as soon as practi- cable; claim in 6 month- Industrial c-ommis- sion; appeal to courts. Arbitration, refer- ence to attorney general, or appeal to courts. Industrial accident commission; lim- ited appeal to courts. Workmen's compen- sation commis- sion; limited ap- peals to courts. Secretary of Labor. . Governor of Pana- ma Canal. Disputes commit- tees and adjusters; appeals to courts. Arbitration, If so provided in con- tract. Arbitrators for each case; industrial ac- cident board; ap- peal to courts on points of law. Industrial commis- sion. Industrial accident commission; ap- peals to courts. Industrial accident board; api>eals to courts. Included. Included. Included. Included; pay- ments commuted to lump sum. Benefits limited to 1 year's wages if beneficiari^ are not residents of the United States or contigu- ous countries. FarMits, widow, widower, and children in- cluded. Nebraska. Ch.l98. Approved Apr. 21,1913. IneSect July 17, 1913. New Hampshire. Ch. 163. Ap- proved Apr. 15, 1911. In e£Eect Jan. 1, 1912, New Jersey. Ch. 95. Approved Apr. 4, 1911. In eflect July 4, 1911. Amended May 2, 1911, Apr. 1, 1912, Mar. 27, 1913. New York. Ch. 352. Approved May 24, 1910. In eflect Sept. 1, 1910. Rhode Island. Ch. 831. Approved Apr. 29, 1912. In eflect Oct. 1, 1912. Amended Apr. 29, 1913. Wisconsin. Ch. 50. Approved May 3, 1911. In effect same date. Amended June 26 and Aug. 9, 1913. Arizona. Ch. 14 (extra session). Approved June 8, 1912. In effect Sept. 1, 1912. Amended May 13 1913 California. Ch.399. Approved Apr. 8, 1911. In eflect Sept. 1, 1911. Amended May 26, 1913. New York. Ch. 816. Approved Dec. 16, 1913. In eflect July 1,1914. United States. 35 Stat., 556. Ap- proved May 30, 1908. In effect Aug. 1, 1908. Canal Zone. Ex- ecutive order, Feb. 29, 1913. In effect Mar. 1,1913. (Suspended.) United States (Railway E m - ployees' Bill). Maryland. Ch.S37. Approved Apr. 15, 1912. In ef- fect same date. Mas sachusetts. Ch. 751. Ap- proved July 28, 1911. In eflect July 1, 1912. Nevada. Ch. 183. Approved Mar. 24,1911. In eflect July 1, 1911. Amended Mar. 15, 1913. In ef- fect JvUy 1, 1913. Oregon. Ch. 112. Approved Feb. 25, 1913. In ef- fect July 1, 1913. Texas. Ch. 179. Approved Apr. 16, 1913. In ef- fect Sept. 1, 1913. West Virginia. Ch. 10. Approved Feb. 22, 1913. In eflect Oct. 1, 1913. Ohio. P. 624. Approved June 15, 1911. In ef- fect Jan. 1, 1912. Amended Mar. 14, 1913. In ef- fect Jan. 1, 1914. Washington. Ch. 74. Approved Mar. 14, 1911. In eflect Oct. 1, 1911. .do. .do. Compensation, elec- tive (compulsory as to State and its municipalities). Compensation, elec- tive. ....do. Compensation, elec- tive (compulsory as to the State and its municipalities). Compensation, com- pulsory. .do. -do. .do. .do. Insurance, coopera- tive, elective. Insurance, elective (State or in au- thorized com- pany). Insurance, elective (compulsory as to State and munici- palities). State Insurance, elective. Insurance, elective (State or author ized company). State insurance, co- operative, elec- tive. State insurance, compulsory. .do. All employing 5 or more workmen, except rail- roads in interstate commerce and domes- tic and agricultural labor (casual employ- ees and outworkers excepted). "Dangerous" (enumer- ated list). .\U (casual employees excepted). All but railroads. .\11 employing more than 5 workmen, ex- cept in domestic serv- ice and agriculture (casual employees and those earning over $1,800 excepted). All (casual employees excepted). ' Especially dangerous" (enumerated list); elective as to all others. All except domestic and agricultural labor (casual employees ex- cepted); elective as to excepted classes. Hazardous employ- ments (extensive list); domestic and agricul- tural labor excluded. Artisans and mechanics in certain classesof em- ployments; all persons in hazardous employ- ment in certain others. All employees on l-'ana- ma Canal or Railroad. Railroads in interstate commerce. All (casual employees excepted). All employing 2 or more persons. Hazardous (enumerated list); others if employ- ers elect. Employers of more than 5 persons, except rail- ways, cotton gins, and domestic and agricultural labor (casual employees ex- cepted). All except domestic and agricultural labor (cas- ual employees ex- cepted). All employing 5 or more workmen; elective as to others (casual em- ployees excepted). "Extrahazardous" (enumerated list); elective as to all others. bor. Presumed in ab- sence of notice f)Osted in estab- ishment and flled with insur- ance commis- sioner. Writing filed with commissioner of labor. Presumed in ab- sence of written notice to em- ployees. Writing filed with county clerk. Writing flled with commissioner of industrial statis- tics. Presumed as to employersof4or more persons (except rail- roads) in absence of notice flled with industrial commission ; other employers may elect by filing notice. Presumed in ab- sence of notice to employer and flled with insur- ance commis- sioner. By accepting com- pensation or be- giiming proceed- ings under the act. Presumed in ab- sence of written notice to em- ployer. Writing filed with county clerk. Presumed in ab- sence of written notice, if em- ployer elects. Presumed m ab- sence of written noticg to em- ployer, if em- ployer elects, ex- cept on rail- roads, where acceptance must be in writing. By contract in writing with employee. By subscribing to State associa- tion or insuring in other com- pany. Presumed in ab- sence of notice f)Osted in estab- ishment and filed with com- sion. Presumed as to employers i n hazardous employments in absence of no- tice posted in est a blishment and flled with commissi on; other employers file acceptance. By subscribing to State associa- tion or insuring in other c o m - pany and noti- fying employees. By payment of premium and posting notice. By contract in writing with employer. Presumed in ab- sence of written notice, if em. ployer insures. Presumed in ab- sence of notice to employer and filed with com- mission. Presumed in ab- sence of written notice, if em- ployer elects. .do. None (assumed risks, fel- low service, and contrib- utory negligence re- stricted by liability pro- visions of statute). Assumed risks and fellow service; contributory negligence unless will- ful. None; restricts defenses of assumed risks and fel- low service; requires proof of contributory negligence. Assumed risks, fellow service, and contribu- tory negligence, except for domestic and farm labor and employers of 5 - or less persons. Assumed risks; also fellow service and contributory negligence unless will- ful, if 4 or more employ- No option. , Remaining in service with notice of em- ployer's e I e c - tion. Assumed risks, fellow service, and contribu- tory negligence, except in domestic and farm labor.3 Assumed risks and fellow service; contributorv negligence except will- ful.3 Assumed risks and fellow service; contributory negligence unless willful. Assumed risks and fellow service; contributory negligence to be meas- ured. Assumed risks, fellow serv- ice, contributory negli- gence, and negligence of statutory employee. .do. Permitted in lieu of com- pensation. Not, permitted after elect- ing to receive compen- sation. Permitted in lieu of com- pensation if employer was guilty of serious or willful misconduct or violated safety law. Not permitted after elect- ing to receive compen- sation. .do. Permitted inlieu of com- pensation. Permitted in lieu of com- pensation if employer was personally grossly negligent. Permitted if employer fails to secure payment of compensation; de- fenses of fellow service, assumed risks, and con- tributory negligence abrogated. Government can not be sued. Not permitted.. .do.. Permitted if injury is due to the failure of the employer to comply with safety laws. Not permitted after elec- tion of insurance sys- tem. Not permitted after em- Eloyer's election, unless e is in default on pre- miums. Permitted if injury was due to employer's fail- ure to comply with safety laws or his inten- tion to iiijure, or em- ployer is in default on insurance premiums. Not permitted against employers accepting in- surance system except for willful or gross neg- ligence causing death. Not permitted after em- gloyer's election, unless e is in default on pre- miums. Permitted if injury was due to willful act of em- ployer, his failure to comply with safety law, or if he is in default on premiums. Permitted in addition to insurance benefits if in- iury resulted from de- iberate intention of employer. law. Forbidden . .do. No substitute agree- ments valid. Approved schemes may be substi- tuted; no reduc- tion of liability allowed. Insurance or other schemes permit- ted, but no reduc- tion of liability al- lowed. Permitted if com- pensation is pro- vided not less than that of the act. Employer may in- sure or maintain a benefit fund, but may not reduce liability fixed by law. Forbidden Waivers forbidden . Waivers forbidden . Law is based on contracts with casualty compa- nies. Employers of not less than 1,500 persons may maintain estab- lishment funds. Employer must in- sure in author- ized company or State association. Forbidden . .do. ...do. .do. .do. ..do. No waiver permit- ted; insurance with other com- panies must con- form to law. Not permitted. Approved schemes or insurance per- mitted; must con- tribute to surplus fund of State. Forbidden. .do. .do. .do. .do. .do.. Employer, not less than 50 per cent (plus cost of management in case of estal> lishment funds); remainder on employees. Employer .do.. Employee one-half of 1 per cent of wages (not less than 25 cts. per month), em- ployer 6 times as much; State subsidy. Employer., If insured employer la in.solvent, clalma are enforclble directly against the company. He Employer must give proof Moi of financial ability or give bond. Compensation payments are preferred claims on assets of employer. .do. Payments are a claim su- perior to unsecured debts. Employer must give proof of financial ability or in- sure risks. Judgments awarding com- pensation have same 'preference as wage debts. Payments have same pref- erence as wage debts. Employer must give proof of^ financial ability (de- posit of securities may be required) or procure State, mutual, or pri- vate insurance. Payments are made from regular appropriations. Government supervision and funds. Claims are first liens on property of insolvent employers. Establishment funds must be held as trust funds. State control of Employ- ees' Insurance Associa- tion. Insurance is under State control. -do.. .do.. Employer, 90 per cent; employees, 10 per cent. Employer. .do. .do- More (pa wei las' wet At li the tioi ace. More Moret More t At lea prov More I More (paj date disa wee! Any t More: .do.. .do.. po^ 5pe 22566°— S. Doc. 336, 63-2. (To face page 48.) 1 It complete disability still continues then a compensation during life, equal anntially to 8 per cent of the de 2 Employers having fewer employees may elect, but lose no defenses if they do not. 3 These defenses are not abrogated where an employee sues an employer who has elected to use the compensa * Construed by department to exclude cases in which less than 5 per cent of a working month was lost. i> If there are children and no widow, they receive tlO per month each, but not more Shan $35 in all, until 16 ' employee, or by a fellow workman with his consent, 10 per cent is deducted. ' If injury was caused by removal of safeguard by injured employee, or by a fellow workman with Jiis canseii smes bsti- duc- ility tther •mit- iduc- ;y al- com- pro^ than t. r in- atain I, but iduce d by .do. ..do. >> uuuicu ciiipiuyer is insolvent, claims are enforcible directly against the company. Employer must give proof of financial ability or give bond. Compensation payments are preferred claims on assets of employer. do .do. .do. .do. .do den. Iden. 1 on with impa- oyers than may stab- ds. )t in- thor- ly or tion. mit- mce ■om- con- 3er- on- ilus .do. .do. .do. .do- Payments are a claim su- perior to unsecured debts. Employer must give proof of financial ability or in- sure risks. Judgments awarding com- pensation have same ■preference as wage debts. Payments have same pref- erence as wage debts. Employer must give proof of^ financial ability (de- posit of securities may be required) or procure State, mutual, or pri- vate msurance. Payments are made from regular appropriations. More tnan 2 weeks (payment from date of injury if disability lasts 8 weeks or longer). More than 2 weeks. .do. Government and funds. supervision Employer, not less than 50 per cent (plus cost of management in case of estab- lishment funds); remainder on employees. Employer .do- Employee one-ljalf of 1 per cent of wages (not less th^ 25 cts. per month), em- ployer 6 times as much; State subsidy. Employer.. Employer, 90 per cent; employees, 10 per cent. Employer.. .do. Claims are first liens on property of insolvent employers. Establishment funds must be held as trust funds. State control of Employ- ees' Insurance Associa- tion. Insurance is under State control. .do.. .do.. More than 1 week (payment for first week if disability lasts more than 4 weeks). .\t least 2 weeks; then compensa- tion from date of accident. More than 2 weeks . do. More than 15 days . More than 5 days. More than 2 weeks. . At least 1 week if so provided in the contract. More than 2 weeks. . More than 2 weeks (payment from date of injury if disability lasts 8 weeks or more). $100 funeral expenses; 50 per cent of wages for 350 weeks; to minimum, $10 maximum. 150 times weekly earnings, not more than $3,000; no dependents, $100. 35 to 60 per cent of wages for 300 weeks; $5 min- imum, $10 maximum; no dependents, $100. 1,200 times daily earnings; $3,000 maximum; no de- dependents. JIUO. 50 per cent of weekly wages for 300 weeks; $4 minimum. $10 max- imum; no dependents, $200. 4 years' earnings, but amount added to prior disability payments may not exceed 6 years' earnings; no depend- ents, $100. 2,400 times one-half the daily wages; $4,000 ma.x- imum; no dependents, medical and burial ex- penses. 3 years' earnings; $1,000 minimum, $5,000 max- imum; no dependents, $100. SlOO funeral expenses; widow or dependent widower, 30 per cent of wages until death or re- marriage; 10 per cent additional for each child under 18 years, total not over 66J per cent. 1 year's earnings .do.. .do.. .do.. .do.. Any time. More than 1 week. . -do.. .do. 'Loss of earning power shall exceed 6 per cent." ' Burial or transportation of body; spouse receives 35 per cent of earn- ings for 6 years, then 20 to 30 per cent, until death or remarriage; added sums for children , total not over 50 per cent. 25 to 50 per cent of earn- ings for 8 years, $50 nimimum monthly wage; $75 funeral bene- fit if monttily payments do not exceed $15. 3 years' earnings, $1,000 minimum; no depend- ents, $75 minimum, $100 maximum. 50 per cent of wages for 300 weeks, $4 minimum, $10 maximum; no de- pendents, $200. $125 burial expenses and 50 per cent of earnings tor 100 months, $20 minimum, $60 maxi- mum, total not to ex- ceed $5,000. No de- pendents, $125 medical and burial expenses. SlOO burial expenses; widow or invalid wid- o"A-er, $30 per month until death or remar- riage; $6 additional for eacli chUd under 16, total not to exceed $50. per cent of wages for 360 weeks, $5 minimum, $15 maximum: no benefi- ciaries or creditors, $100. $75 burial expenses; widow or invalid widower, $20 monthly until death or remarriage; $5 addi- tional for each child under 14, total not to exceed $35. $150 funeral expenses; 66| per cent of wages for 6 years; $1,500 minimum, $3,7S0 maximum. expenses; mvalid $75 funeral widow o widower receives $20 monthly until death or remarriage; each child under 16, $5 per month; total not to exceed $35.' .50 per cent of wages for 300 weeks; $5 minimum, $10 maximum, then 40 percent of wages during life; $4 minimum, $8 maximum. 50 per cent of average weekly earnings; ma-xi- mum, $10 for not more than 300 weeks. 50 per cent of wages for 400 weeks; $5 minimum, $10 maximum. 50 per cent of wages (not more than $10 weeldy) fjr not more than 8 years. 50 per cent of weekly earnings for not over 5J0 weeks; i4 minimum, $10 maximum. 65 per cent of wages; if nurse is required, 100 per cent after 90 days; no total to exceed (J years' earnings. 50 per cent of average semimonthly earnings, during disability, not to exceed $4,000. 65 per cent of wages for 240 weeks, then 40 per cent for life. 665 per cent during con- tinuance, $o minimum, $15 maximum. Same pay as if employed, not to exceed 1 year. 50 per cent of earnings for years, then 25 to 40 per cent until death. CO per cent of monthly wages during disability ; for life, if permanent. 50 per cent of average weeldy wages during previous 12 months, if so long in employer's ser^'ice; if not, ttien a weekly benefit for such shorter period as he may have been in such serv- ice. 50 per cent of wages for not over 500 weelis, $-1 minimum, $10 maxi- mum, total not to ex- ceed $3,000. 50 per cent of earnings for 100 months, $20 mini- mum, 360 maximum, not to exceed $5,000. $30 per month if single, $35 if dependent spouse, $6 additional for each child, total not to ex- ceed $50. 60 per cent of wages for not over 400 weelis, $5 minimum, $15 maxi- mum. 50 per cent of wages until death, $3 mini- mum, $6 maximum. 66J per cent of wages until death, if permanently disabled; $5 minimum, $12 maximum. $20 per month if single, $25 if married; for each child under 16 years, $5 per month, not over $35 in all.' 50 per cent of wage de- crease; $10 maximum, for 300 weeks; fixed rates for specified in- juries. 50 per cent of wage loss; maximum, $10per week, not more then 300 weeks. Fixed scale for specified injuries; others propor- tionate. 50 per cent of wage de- crease; same limits as for total disability. 50 per cent of wage de- crease, $10 maximum, for not more than 300 weeks; fixed rates for specified injuries. Co per cent of wage de- crease; no total to ex- ceed 4 years' earnings; fi-xed rates for specified injuries. 50 per cent of wage de- crease until recovery, not to exceed $4,000. 65 per cent of wage de- crease for fixed periods proportionate to disabil- ity. 66§ per cent of wage de- crease, fixed scale for specified injuries ; $5 minimum, $15 maxi- mum; for certain maim- ings, $20 maxuuu m. -\11 benefits cease when able to resume work. 50 per cent of wage loss for 6 years, then .:6 to 4U per cent. Fixed rates for specified injuries; proportionate for other partial disa- bilities. Difierence between amount for total disa- bility and amount work- man is able to earn after the injury; fixed propor- tions for specified in- juries. 50 per cent of wage loss, $10 maximum, for not more than 300 weeks; fixed rates for specified injuries. 50 per cent of wage de- crease, $40 maximum, fur not more tnan 60 monitis; fixed rates for specified injuries. Proportionate bsnefitsfor not over 2 years if tem- porary; fixed rates for specified injuries. 60 per cent of wage de- crease, $15 maximum, for not over 300 weeks; fixed rates for specified injuries. 50 per cent of wage de- crease, $4 minimnm $8 maximum, for 26 weeks; loss of arm, leg, or eye, 156 weeks. 665 P*'' <^8°t ol wage de- crease, $12 per week maximum; not over $3,750 m all; ficxed rates tor specified injuries. Proportionate; not over $l,500.e During first 3 weeks; not to exceed $200. Only if employee dies leaving no dependents. During first 2 weeks; not over $50. Only if employee dies leaving no dependents. Reasonable services for first 2 weeks; maximum $200 in fatal cases with no dependents, includ- ing burial. For not more than 90 days. Only if employee dies leaving no dependents. During first 90 days. . During first 60 days. No provision. Reasonable services.. During first 2 weeks, and thereafter not to exceed $200, unless employee provides own care. Only if employee dies, leaving no dependents. During first 2 weeks. . Only if employee dies, leaving no dependents. Not to exceed $250. During first week. Not to exceed $150. Not to exceed $200. pi added for first 6 months of total temporary disa- bility; not more than 60 per cent of wages in all. Notice as soon as prac- ticable; claim In 6 months; petitions filed in court in 1 year. Notice as soon as prac- ticable and before leav- ing service; claim in 6 months. Notice in 14 days; if in 30 days not barred except as to extent employer was prejudiced, but ab- solute after 90 days; claim in 1 year. Notice as soon as prac- ticable and before leav- ing ser%'ice; claim in 6 months. Notice in 30 days; claim in 1 year. Notice in 30 days; claim in 2 years. Notice in 2 weeks; none required in case of death or incompetence. Action on claim within 1 year. Notice in 30 days; claim in 6 months for dis- ability, 1 year for death. Notice of injury in 10 days, of death m 30 days, un- less exctised for cause; claim in 1 year. Arbitrators or dla- trict court of county. Proceedings in equity. Judges of court of common pleas; limited appeal to supreme court. Arbitration or courts. Courts in summary proceedings. Industrial commis- sion ; appeal to courts. Arbitration, refer- ence to attorney general, or appeal to courts. Industrial accident commission; lim- ited appeal to courts. Workmen's compen- sation commis- sion; limited ap- peals to courts. Claim for disability in Secretary of Labor... reasonable time; death j in 90 days. Notice of injury immedi- ate, of death in 90 days; claim tor injury in 60 days, for death in 1 year. Notice in 90 days; claims lapse in 2 years. Contract may require rea- sonable and timely notice. Notice as soon as prac- ticable; claim in 6 months. Applications must made and claims forced in 1 year. Claim in 1 year. be Notice as soon as practi- cable; claim in 6 months. Claim in 6 montlis.. To be fixed by board.. Claim in 1 year.. Governor of Pana- ma Canal. Disputes commit- tees and adjusters; appeals to courts. Arbitration, 11 so provided in con- tract. Arbitrators for each case; industrial ac- cident board; ap- peal to courts on points of law. Industrial commis- Industrial accident commission; ap- peals to courts. Industrial accident board; appe^As to courts. Public-service com- mission; limited appeal to courts. Industrial commis- sion; limited ap- peal to courts. Industrial insur- ance department; appeal to courts. Included (widows, cbOdien, and parents only). Beneficiaries must be residents of State. Excluded. Included. Included. Included. Included; p a y - ments commuted to lump sum. Benefits limited to 1 year's wages U beneficiaries are not residents of the United States or contigu> ous countries. Parents, widow, widower, and children in- cluded. Included. Only father and mother Included, except where otherwise pro- vided by treaty. ipensation diirlng life, equal annually to S per cent ol the death benefit, not less than $10 per month. y but lose no oi^ensee if they do not. loyee sues an employer who has elected to use the compensation system. hich less than 5 per cent of a working month was lost. ) $10 per month each, but not more than $35 in all, until 16 years of age; if injury was caused by removal of safeguard by injured 10 per cent is deducted. . ^ ^ ' Iqjured emplojee, or by a fellow worknum withvhis consent, 10 per cent is deducted. workmen's compensation laws — UNITED STATES. 49 ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS. In order to facilitate the study and comparison of the compensation laws of the various States, they are analyzed in the following pages according to a uniform outline designed to show clearly the most important features of the several plans. The outline followed here is the one also used in another part of this Bulletin where under the title "Workmen's compensation laws of foreign countries " the various foreign laws as now existing are summarized. ARIZONA. Date of enactment. June 8, 1912; in effect September 1, 1912; amended May 13, 1913, in effect October 1, 1913. Injuries compensated. All accidental injuries causing disability of at least two weeks, or death, arising out of and in the course of the employment, caused in whole, or in part, or contributed to, by a necessary risk or danger of, or inherent in the nature of the employment, or by failure of the employer or his agents to exercise due care or to comply with any law affecting the employment. Industries covered. All especially dangerous employments, including the construc- tion, operation and maintenance of steam and street railroads, using or working near explosives, building work using iron or steel frames or hoists, derricks, or ladders or scaffolds 20 or more feet above ground; telegraph, telephone or other electrical work; work in mines, quarries, tunnels, subways, etc.; all mills, shops, and factories using power machinery. Industries declared especially dangerous are specified in law. Elective as to other industries. Persons compensated. Private employment: All employees in industries covered. Public employment: No provision. Burden of payment. Entire cost rests upon the employer. Compensation for death, (a) To persons wholly dependent, a lump sum equal to 2,400 times one-half the daily wages or earnings of the deceased employee, but not to exceed $4,000. Payments to children cease on reaching the age of 18 years. (6) If no dependents, the reasonable expenses of medical attendance and burial of deceased employee. Compensation for disability. (a) For total disability, 50 per cent of the employee's semimonthly earnings during the time he is unable to work at any gainful occupation. (6) For partial disability, a semimonthly payment equal to one-half the wage decrease. (c) The total amount of payments for total or partial disability caused by a single injury not to exceed $4,000. Revision of benefits. Examinations as to the nature of injury and degree of incapacity, etc., may be required by either party at intervals of not less than three months. Insurance. The employer may insure provided the liability for compensation is not less than the compensation fixed by law. Security of payments. A judgment for compensation issued by a court is collectible without relief from valuation or appraisement laws and has the same preferential claim as is allowed by law for unpaid wages or personal services. Settlement of disputes. Disputes may be settled by (a) written agreement between the parties, (&) arbitration, or (c) by reference to the attorney general of the State, in case of failure or refusal to agree by any of the modes above provided, then by a civil action at law. 22566°— S. Doc. 336, 63-2 i 50 WOBKMBn's compensation laws UNITED STATES. CALTFOIINIA. DaU of enactment. April 8, 1911; in effect September 1, 1911; amended May 26, 1913, in effect January 1, 1914. Injuries compensated. Injuries arising out of and in the course of employment caus- ing disability for more than two weeks, or death, and not the result of the intoxication or willful misconduct of the injured employee. Industries covered. All except agriculture and domestic service. Persons compensated. Private emplojrment: Every person in the service of an em- ployer for hire, including aliens, apprentices, and members of employer's family who perform labor, excepting casual laborers. Public employment: Persons employed by the State and its political subdivisions, and all public corporations. Burden.of payment. Entire cost rests upon the employer. Compensation in case of death. (a) To persons wholly dependent, 3 times the annual earnings of the deceased employee; not less than $1,000 nor more than $5,000, payable at least monthly in installments equal to 65 per cent of the wages. Pa3rments to children cease on reaching the age of 18 years, unless mentally or physi- cally incapacitated for earning a living. (6) If only partial dependents survive, such proportion of the above as corre- sponds to the ratio between the earnings of the deceased and his contri- bution to their support, (c) If no dependents, the reasonable expense of burial, not exceeding $100. Compensation for disability, (a) Reasonable medical, surgical, and hospital treatment required during the first 90 days after the injury. (6) For temporary total disability 65 per cent of average weekly earnings during . such disability. (c) For temporary partial disability 65 per cent of weekly loss of wages during such disability. (d) The aggregate amount of benefits for a single injury causing temporary dis- ability IS limited to three times the annual earnings of the injured person, with a maximum benefit period of 240 weeks. (e) For permanent disability 65 per cent of average weekly earnings, for periods varying from 40 to 240 weeks, according to the degree of disability. After the expiration of 240 weeks, a fiirther benefit varying from 10 to 40 per cent of the weekly earnings is payable during the remainder of. life, when the degree of disability reaches or exceeds 70 per cent. In case of permanent incapacity or death, a lump sum may be substituted for benefits, such lump sum to equal the present value of the benefits com- puted at 6 per cent. Revision of benefits. Decisions and awards may be reviewed at any time during the first 245 weeks, after legal notice received. Insurance. A State insurance fund is created under State control for the purpose of insuring employers against liability. Employers may effect insurance for liability for accident with any insurance company. Municipalities are required to insure in the State fund, unless the risk is refused. Security of payments. A claim for injury or death of an employee or any award shall have the same preference over other unsecured debts as is given by law to claims for wages, but not so as to impair a lien of a previous award. Settlement of disputes. Disputes are settled by the State industrial accident commis- sion, subject to a limited review by the courts. wobkmen's compensation Laws — united states. 51 CONNECTICUT. Date of enactment. May 29^ 1913; in effect January 1, 1914. Injuries compensated. All injuries arisina; out of and in the course of employment, disability of more than two weeks, or death, except when injury is caused by willful and serious misconduct of the injured employee, or by his intoxication. Industries covered. All industries, in absence of contrary election by employer. ' Persons compensated. Private emploj^ment: All employees of employers accepting the act, in absence of contrary election. Public employment: Employees of the State and any public corporation within the State using the services of another for pay. Burden of payment. Entire cost rests upon the employer. Compensation for death, (a) $100 for burial expenses. (6) To persons wholly dependent, a weekly compensation equal to one-half the earnings of the deceased employee, (c) If only partial dependents survive, a weekly compensation, determined according to the measure of dependence, not exceeding one-half the earn- ings of the deceased employee. {d) If no dependents, the sum of $750 is to be paid to the State treasurer to meet the lawful expenses of the compensation commissioners, (e) Compensation shall in no case be more than $10 or less than $5 weekly, and shall not continue longer than 312 weeks. A widow's or widower's dependence ceases with remarriage, and a child's upon reaching 18 years of age, unless physically or mentally incapacitated. Compensation for disability, (a) Medical and surgical aid and hospital service during the first 30 days. (6; For total disability, a weekly compensation equal to one-half the employee's earnings, not more than $10 or less than $5 weekly, or for longer than 620 weeks, (c) For partial disability, a weekly compensation equal to one-half the wage loss, but not inore than $10 per week, or for longer than 312 weeks. For speci- fied injuries causing permanent partial disability, one-half the average weekly earnings for fixed periods, m lieu of all other payments. Lump sum payments may be approved by the commissioner, provided they equal the value of the compensations. Revision of benefits. Beview may be had upon request of either party, whenever it shall appear to the compensation commissioner that the incapacity or the measure of dependence has changed. Insurance. Approved schemes may be substituted provided the benefits are equiva- lent to those provided by law. Insurance may be taken in approved stock or mutual companies or associations. Security of payments. Employer must furnish the insurance commissioner satisfac- tory proof of his solvency and financial ability to pay awards, file satisfactory se- ■ curity with the insurance commissioner, or insure in approved stock or mutual com- panies or associations. Settlement of disputes. Disputes are to be settled by the compensation commis- sioners. Appeals from findings and awards of any commissioner may be made to the superior court of the county without cost to either party. 52 workmen's compensation laws UNITED STATES. ILLINOIS. Date of enactment. June 10, 1911; in effect May 1, 1912; amended June 28, 1913, in effectJuly 1,1913. . , ^ . .x. , ■, Injuries compensated. Accidental injunes arising out of and m tne course ol emptoy- ment causing permanent disfigurement, disability of over 6 working days, or death. Industries covered. The building trades; construction, excavating and electrical work; transportation; mining and quarrying; work with or about explosives, molten metals, injurious gases or vapors, or corrosive acids; and all enterprises in which the law requires protective devices; provided the employer elects. Other employers may elect, but forfeit no defenses if they do not. Cumpulsory as to State and its munici- palities. Persons compensated. Private emplojrment: All employees. Public employment: All persons employed by the State, county, municipality, etc., except officials. Burden of payment. Entire cost rests on the employer. Compensation for death. (a) To persons wholly dependent or to lineal heirs to whose support the employee had contributed within 4 years, a sum equal to 4 years', earnings, not less than $1,500 nor more than |3,500. (6) If only dependent collateral heirs survive, such a percentage of the above sum as the support rendered during the past two years was of the earnings of the deceased. (c) If no dependents, a burial benefit not exceeding $150. Compensation for disaVility. (a) Medical and surgical aid for not over 8 weeks, not over $200 in value. (6) For total disability, beginning with eighth day, a weekly sum equal to one- half the employee's earnings, $5 minimum, $12 maximum, during dis- ability or until payments equal a death benefit; thereafter, if the disability is permanent, a sum annually equal to 8 per cent of a death benefit, but not less than $10 per month. (c) For permanent partial disability, one-haH the loss of earning capacity, not less than $5 nor more than $12 a week. (d) For certain specific injuries (mutilations, etc.), an additional benefit of 50 per cent of weekly wages for fixed periods. (e) For serious and permanent disfigurement, not causing incapacity, and not otherwise compensaJ»d, a sum not exceeding one-fourth the death, benefits. No payments are to extend beyond 8 years except in case of permanent total inca- pacity. Lump simi payments for either death or disability may be substituted for periodic payments by the industrial board. Revision of benefits. Medical examinationB may be had not oftener than every four weeks. The industrial board may, on request, review installment payments, within eighteen months after the award or agreement thereon. Insurance. The employer may insure or maintain a benefit system, but may not reduce his liabi],ity under the act. Security of payments. In case of insolvency, awards constitute Uens upon all property of the employer within the county, paramoimt to all other claims, except wages, taxes, mortgages, or trust deeds. Employers must furnish proof of ability to pay, or give secmity, insure, or make other provision for security of payment. The rights of an insolvent employer to insurance indemnities are subrogated to injm^d employees. Settlement of disputes. Disputes are determined by the industrial board through an arbitration committee, subject to review by the board. Questions of law may be re- viewed by the supreme court. workmen's compensation laws — UNITED STATES. 53 IOWA. Date of enactment. April 18, 1913; in effect (a) establishing industrial commission and providing for insurance of employees July 4, 1913; (b) compensation features, July 1, 1914. Injuries compensated. All personal injuries arising out of and in tlie course of the emploivment causing disability of more than two weeks, or death; except when caused by the injured employee's willful intention to injure himself or another, or by the intoxication of the employee. Industries covered. All industries except agriculture, in absence of contrary elec- tion by employer. Compulsory as to State and its municipalities. Persons compensated. Private employment: All employees in industries covered in absence of contrary election, except clerks not subjected to the hazards of the indus- try and casual employees. Pubhc employment: All employees of the State and its subdivisions. Burden of payment. Entire burden is on employer. Compensation for death. (a) Reasonable expenses of the employee's last sickiiess and burial, not to exceed |100. (6) To persons wholly dependent, a weekly payment equal to 50 per cent of the wages of the deceased employee, but not more than $10 nor less than $5 per week, for 300 weeks, (c) If only partial dependents survive, such a proportion of the above as the amounts contributed by the employee to such partial dependents bear to his annual earnings. id) If the employee was a minor whose earnings were received by the parent, a sum to the parent equal to two-thirds of the amount provided for per- sons wholly dependent. Compensation for disability. (a) Reasonable surgical, medical, and hospital services and supplies for first two weeks, not exceeding $100. (6) For total temporary disability, 50 per cent of wages, not more than $10 nor less than $5, (unless wages are less than $5, then full wages), for not more than 300 weeks, (c) For total permanent disability, the same compensation as for temporary dis- ability, to be paid for a period of not more than 400 weeks. {d) For partial permanent disability, (specified maimings) 50 per cent of average weekly wages for fixed periods. Lunrp sum payments may be substituted on approval of the court, Revision of benefits. Payments may be reviewed by the industrial commissioner at the request of either party. Insurance. Employers may insure in approved companies or mutual associations, or contract with employees to maintain approved scheme in lieu of the compensation provided by law, provided there is no diminution of benefits. Security of payments. Employers must insure in approved companies or mutual associations, or furnish satisfactory proof of financial ability to make payments, or deposit security with the State insurance department. In case of insolvency of the insurer, a claim for compensation becomes a first lien, and in case of legal incapacity of insured to receive the amount due the insurer must settle directly with the bene- ficiary. ■ Settlement of disputes. Disputes may be settled by arbitration. 54 workmen's compensation laws — UNITED STATES. EANSAS. Date of enactment. March. 14, 1911: in effect January 1, 1912; amended March 10, 1913. Injuries compensated. Injuries by accident arising out of and in the course of employ- ment not due to intoxication or deliberate intention of injured employee, or caused by his willful failure to use safeguards provided by statute or furnished by employer, causing incapacity to earn full wages for at least two weeks, or death. Industries covered. Bail ways, factories, quarries, electrical, building or engineering work, laundries, natural gas plants, county and municipal work, employments requir- ing the use of dangerous, explosive or inflammable materials, if employing 5 or more persons; and mines without reference to the number of employees, in absence of con- trary election; employers of less than 5 persons may also elect. ■ Persons compensated. Private employment: All employees, including apprentices, but excluding casual employees. Public employment: Workmen on county and municipal work. Burden of jiayment. Entire cost rests upon the employer. Compensation for death, (a) To persons wholly dependent, a sum equal to 3 years' earnings of the deceased employee, not less than $1,200 nor more than $3,600. For nonresident alien beneficiaries (except in Canada) the maximum is $750. (6) If only partial dependents survive, a sum proportionate to the injury to such dependents, (c) If no dependents are left, a reasonable expense for medical attendance and burial not exceeding $100. Compensation ceases upon the marriage of any dependent, or when a minor, not physically or mentally incapable of wage earning, shall become 18 years of age. Cormpensation for disability. , (a) For total incapacity, payments during incapacity after the second week, equal to 50 per cent of earnings, but not less than $6 nor more than $15 per week. (6) For partial incapacity, payments during incapacity, after the second week, not less than 25 nor more than 50 per cent of earnings, not less than $3 nor more than 112 per week, except in case of minors earning less than $10 per week, in which case the compensation shall not be less than 75 per cent of the earnings. No payments for total or partial disability shall extend over more than 8 years. After six months, lump sum payments may be substituted, as agreed upon or determined by the court. Revision of benefits. Any award may be modified at any time by agreement. After one year either party may demand a revision. Employees must submit to medical exaaiination at reasonable periods to determine their phj-sical condition. Insurance, The employer may insure in any approved insurance scheme which pro- vides compensation not less favorable than is provided in this act. Security of payments. Lump sums awarded by the court, may be secured by order of the court by a good and sufficient bond when there is doubt of security of payment. If the employer was insured, the insurer shall be subrogated to the rights and duties of the employer. Settlement of disputes. Disputes not settled by agreement may be referred to arbitra- tors, subject to an appeal to courts. WOEKMEn's compensation laws — UNITED STATES. 55 MABYLAND. Date of enactment. April 15, 1912; in effect same date. Injuries compensated. Injiiries by accident arising out of and in tie course of em- ployinent resulting in death or disability, not caused by the injured employee 's intoxi- cation, or -willful intention to produce such injury. Contract may provide that injury must incapacitate employee from earning full wages for at least one week. Industries covered. All industries, on agreement between employers and employees. Persons compensated. Private employment: All employees who agree to accept this law. Public employment: No provision. Burden of payment. Not less than fifty per cent, plus cost of management in case of establishment funds, on employer; remainder on employee. Compensation for death. (a) To persons wholly dependent, a sum equal to 3 years' earnings of the deceased employee, but not less than $1,000. (5) If only partial dependents survive, a sum equal to that provided for total dependence, less six times the average annual earnings of the benericiary. (c) If no dependents, reasonable expenses of medical attendance and in addition burial expenses not less than $75 nor more than $100. (d) Payments under (a) and ( 6) may be made in lump sum or in weekly payments, according to the contract of insurance. - Compensation far disability. (a) In case of total disability, a weekly payment of not less than 50 per cent of the average weekly wages during the previous 12 months, to be paid during the period of disability . If not employed 12 months, then a weekly benefit during such shorter period as he may have been employed by the employer liable for payments. (6) In case of partial disability, weekly payments equal to the difference between amount paid for total disability and the amount employee is able to earn after injury* fixed rates for loss of hand, foot, or eye. Revision of benefits. No provision. Insurance. Insurance may be effected in approved companies, or employers employ- ing not less than 1,500 employees may establish an insurance fund from sums con- tributed by themselves and employees. Security of payments. Establishment funds must be held as trust funds and not otherwise invested. Settlement of disputes. Disputes are settled by arbitration, if so provided in contract. 56 woekmen's compensation laws — united states. MASSACHUSETTS . DaUi of enactment. July 28, 1911; in effect July 1, 1912; amended May 10, 1912; February 4, 1913; April 7, 1913; Aj)ril 28, 1913; and May 22, 1913. Injuries compensated. Injuries arising out of and in the course of employment causing incapacity for two ■weeks, or death, unless the injury is due to the serious and wiUfiu misconduct of the injured employee. Industries covered. All industries if the employer so elects. Persons compensated. Private employment: AH employees, except masters of ves- sels and seamen engaged in interstate or foreign commerce and casual employees. Public employment: The State shall and any county, city, town or district having power of taxation may compensate laborers, workmen and mechanics. The question shall be submitted to the voters each year, except as to the State. Burden of payment. Entire cost rests upon the employer. Compensation for death, (a) To persona wholly dependent, a weekly payment equal to one-half the average weekly wages of the deceased employee, but not less than $4 nor more than $10, for a period of 300 weeks. (6) If only partial dependents survive, a sum proportionate to the portion of earnings contributed to their support by the deceased employee.^ (c) If no dependents, the reasonable expense of last sickness and burial, not to exceed $200. Compensation for disability, (a) Reasonable medical and hospital services, and medicines as needed, for the first two weeks after injury. (6) For total disability, a sum equal to one-half the average weekly wages, but not less than $4 or more than $10 per week, not exceeding 500 weeks, nor $3,000 in amount. (c) For partial disability, one-half the wage loss, but not to exceed $10 per week, and for not longer than 300 weeks. (d) In specified injuries (mutilations, etc.) a sum not exceeding $10 nor less than $4 per week for fixed periods, in addition to other compensation. A lump sum payment may be substituted after payments for injury or death have been made for not less than six months. Revision of benefits. Either party may demand a revision of payment at any time. Employees must submit to medical examination to determine their physical condition when requested by the employer. Insurance. Employer must become a subscriber of the State Employees' Insurance Association or insure in some authorized liability insurance company. Security of payments. The State controls the State Employees' Insurance Associar tion, and otiaer companies must be authorized by the State to do business. Settlement of dispute. On request of either party, the industrial accident board calls for a committee oi arbitration, whose decision is subject to review by the industrial accident board. ■workmen's compensation laws — UNITED STATES. 67 MICHIGAN. Date of enactment. March 20, 1912; in effect September 1, 1912: amended April 10, 1913; April 16, 1913; May 2, 1913; and May 7, 1913. Injuries compensated. Injuries causing incapacity to earn full wages for a period of two weeks, or death, arising out of and in the course of employment, unless such injuries resulted from intentional and willful misconduct of the injured person. Industries covered. Compulsory as to the State and its municipalities, and each incorporated public board and commission authorized to hold, property and to sue and be sued. All industries having one or more persons in service under contract of hire if the employer electsj. Persons compensated. Private employment: All employees, including aliens and minors, except casual-employees. Fublic employment: All employees except oflS- cials of the State or of a municipality. Burden of payment. Entire cost rests upon the employer. Ccmipensation for death. (a) To persons wholly dependent, a weekly payment equal to one-half the deceased workman's earniQgs, but not less than |4 nor more than flO per week for a period of_300 weeks. (6) If only partial dependents survive, such proportion of the above as the amount of previous contributions bears to such earnings, (c) If no dependents, the reasonable expense of the last sickness and burial, not exceeding $200. Compensation for disability, (a) Reasonable medical and hospital services for the first 3 weeks. (5) For total incapacity, a weekly payment equal to one-halt the earnings, but not less than $4 nor more than |l0 per week, nor for a period longer than 500 weeks from tiie date of the injury, and not exceeding $4,000. (c) For partial incapacity, a weekly payment equal to one-haU the wage loss, but not more than $10 per week, and for not longer than 300 weeks. \d) For certain specified injuries (mutilations, etc.), 50 per cent of average weekly earnings for fixed periods, (fe) Payments begin with the fifteenth day after the injury, but if the disability continues for 8 weeks or longer compensation is computed from the date of injury. After BIX months lump sums may be substituted for weekly payments. Revision of benefits. Weekly payments may be reviewed by the industrial accident board at the request of either party. An injured employee must submit to medical examination when requested. Insurance. Employer must furnish proof of financial ability to pay the required compensation, or insure in an authorized employers' liability company, or in an employers' insurance association organized under State laws, or become a member of a Steite insurance fund administered by the State commissioner of insurance. Security of payments. In case of insolvency, claims constitute a first lien upon all property of the employer. Employers must mmish^ proof of financial ability to pay compensation, or insure in approved companies or with the State. Settlement of disputes. Either party may request the industrial accident board to appoint a committee of arbitration whose decisions are subject to review by the board. The supreme court niay review questions of law. 58 WOBKMEn's compensation laws — UNITED STATES. MINNESOTA. Date of enactment. April 24, 1913; in effect October 1, 1913. Injuries compensated. Injury by accident arising out of and in the course of employ- ment cg,using disability for more than two weeks, or death, unless intentionally caused, or due to the intoxication of the injured person. Industries covered. All excepting interstate or foreign commerce and farm and domestic service, in the absence of contrary election by employers. Persons compensated. Private employment: All employees, including aliens and minors, in the absence of contrary election, casual employees excepted. Public emplojrment: AH persons in the service of a county, city, town, village or school dis- trict, excluding public officials elected or appointed for regular terms. Burden of payment. Cost rests upon the employer. Compensation for death,, (a) To a widow alone, 35 per cent of monthly wages of deceased, increasii^ to 60 per cent if four or more children; to a dependent husband alone, 25 per cent; to a dependent orphan 40 per cent, with 10 per cent additional for each orphan m excess of two, with a maximum of 60 per cent; to the dependent parent or parents, if no dependent widow, widower or children, 25 per cent if one parent and 35 per cent if both survive; if none of the foregoii^, but a brother, sister, or grandparent is wholly dependent if but one such relative, 25 per cent, or if more than one, 30 per cent, divided equally. (5) If only partial dependents survive, that proportion of benefits provided for actual dependents which contributions bore to wages earned. (c) When no dependents are left, expense of last sickness and burial not exceeding $100, in addition to medical and hospital services provided in case of disability. Payments cease when a minor child reaches the age of 18, unless physically or mentally incapacitated from earning, and upon the death or marriage of other dependents unless otherwise specified. Compensation for disability. , (a) Reasonable medical and surgical treatment, not exceeding 90 days, nor $200 in value. (b) For total disability, 50 per cent of wages. (c) For temporary partial disability, 50 per cent of the wage loss. (d) For specified permanent partial disability (mutilations, etc.), 50 per' cent of the earnings for fixed periods. Payment for death or disability may not be less than $6 nor more than $10 per week, unless the wages were less than $6 when the amount of wages is paid. Payments may not extend beyond 300 weeks except for perma- nent total disability, when the maximum is 400 weeks. Lump sums may be .substituted for periodical payments, but in case of compensation for death, permanent total disabflity, or certain maimings, the consent of the court must be obtained. Revision of benefits. After six months from the date of an award either party may apply to the court for revision. The employee must submit to medical examination when requested. Insurance. Employers may insure in any authorized company, stock or mutual, or maintain cooperative schemes, assuming other and greater risks, and other classes of industrial insurance. Security of payments. Insured workmen have an equitable lien upon any policy becomir^ due, and in case of the employer's incapacity the insurer diall make pay- ment directly to them. Claims to compensation have the same preference against the assets of the employer as unpaid wages. Settlement of disputes. Either party may submit a claim to the judge of the district court, who shall determine such dispute in a summary manner, subject to review by the supreme court as to questions of law. workmen's compensation laws — UNITED STATES. 59 ITDBBASEA. Date of enactment. April 21, 1913; in effect July 17, 1913. Injuries compensated. Injury causing disability for more than fourteen days, or death, caused by accident arising out of and in the course of employment, except accident caused by or resulting in auy degree from wilUul negligence or intoxication. Industrie^ covered. All industries where 5 or more persons are employed by the employer in the regular trade, business or occupation of the employer, except do- mestic Bsrvice, agriculture, and interstate or foreign commerce, in the absence of contrary election. Exempt employers may make an affirmative election. Persons compensated. Private employment: All employees, including aliens and minors, but excluding casual employees, and home workers. Public employment: All persons employed by the State, or any government agency created by the State, not having been elected or appointed for a regular term. Burden of payment. The entire cost rests upon the employer. Compensation for death. (a) In addition to any other benefits, a reasonable amount not exceeding $100 to cover expenses of last sickness and burial. (6) To persons wholly dependent, 50 per cent of the employee's wages, but not less than $5 nor more than $10 per week, during dependency, but not exceeding 350 weeks; if the wages of the deceased were less than |5 per week, then full wages are to be paid as compensation, (c) If only partial dependents survive, a proportion of the above corresponding to the relation the contribution of the deceased to their support bore to his wages. Compensation to children ceases when they reach the age of 16 years, unless they are physically or mentally incapacitated from earnir^. Compensation for disability. (a) ^Medical and hospital services during the first 21 days, not exceeding |200 in value. (6) For total disability, one-half of the weekly wages, but not'less than $5 or more than $10 per week for 300 weeks; thereafter while disability lasts 40 per cent of such wages, but not less than $4 or more than $8 per week: Pro- vided, however, If weekly wages are less than the minimum, compensation to amount of full wages is to be paid. (c) For partial disability, 50 per cent of loss of earning capacity, but not exceeding $10 per week nor exceeding 300 weeks. (d) For certain specified injuries (mutilations, etc.), 50 per cent of wages for fixed periods with the same limits as to amounts as above. Payments begin with the twenty-second day, but if disability continues 8 weeks or longer, compensation is computed from the date of injury. Lump sums may be substituted for periodic payments, but if for death or permanent disability, the approval of the court must be obtained. Revision of benefits. Benefits running for a i)eriod of six months or longer may be revised at any time by agreement of the parties or after six months by application to a court. Insurance. An employer may insure his liability for compensation in any authorized stock or mutual insurance company. Security of payments. In case of the insolvency of an insured employer, claimants are subrogated to the rights as against the company which the employer would have had if he had paid the claim. Compensation rights and awards have the same preference against the assets of the einployer as unpaid wages for labor. Settlement of disputes. Questions may be submitted to arbitration by mutual consent, or either party may submit a claim to the district court of county to be heard and determined as a cause in equity, with the right of appeal to the supreme court. 60 workmen's compensation laws UNITED STATES. NEVADA. Date of enactment. March 15, 1913; in effect July 1, 1913. Injuries compensated. Injuries arising out of and in the usual course of employment, causing incapacity to earn full wages for a period of two weeks, or death, except when caused by the employee's willful intention to injure himself or another, or if the injury is sustained while intoxicated. Industries covered. All in which two or more persons are employed, except domestic and farm labor, in the absence of contrary election; compulsory as to the State and its municipalities regardless of the number of employees. Persons compensated. Private employment: All employees in the industries covered. Public employment: All employees. Burden of payment. The entire cost rests upon the employer. Compensation for death. (a) To the dependents or beneficiaries of the deceased employee, a sum equal to 50 per cent of his average monthly earnings, but not less than $20 nor more than $60 per month for a period of 100 months, in no case exceeding $5,000, and in addition the burial expenses, not exceeding $125. (6) If no dependents are left, expenses of the last sickness and burial of the de- ceased employee, not to exceed $125. Compensation for disability. (a) For total disability, an amount equal to 50 per cent of the average monthly wages, but not less than $20 nor more than $60 per month for 100 months, the total amount not to exceed $5,000. (6) For partial disability, one-half the loss of earning capacity', but not more than $40 per month for a period not to exceed 60 months, (c) For certain specific injuries (mutilations, etc.) subject to a minimum of $20 and a maximum of $60 per month, a monthly payment equal to 50 per cent of average monthly wages, for fixed periods. No compensation is payable for the first 2 weeks of disability, but if the disa- bility continues 8 weeks or longer compensation is paid from the date of the injury. The industrial commission may permit substitution of lump sum payments for monthly payments, but no such payment shall exceed $5,000. Revision of benefits. Rearrangement of compensation may be made by the industrial commission when application is made therefor. Insurance. Employers coming under this act must insure in the State insurance fund. Security of payments. State management of the insurance fund and collection of premiums by the State. Settlement of disputes. All matters relating to the amount of compensation to be paid are determined by the industrial commission. WOBKMEN's compensation laws — UNITED STATES. 61 NEW HAHPSHIRK. Date o/ enactment. April 15, 1911> in efiect January 1, 1912. Injuries compensated. Any injury to an employee arising out of and in the course of employment causing diaability of over two weeks, or death, unless due to willful misconduct, intoxication, or violation of law. Industries covered. Industries dangerous to life or limb, including the operatiob and maintenance of steam and electric railroads, work in shops, mills, factories, etc., em- ploying 5 or more persons; work about lines or cables charged with electricity; oper- ations dangerously near explosives used in the industry, or to a steam boHer owned and operated by the employer; and work in or about any quarry, mine or foundry; provided the employer elects. Persons compensated. Private employment: All workmen engaged in any of the em- ployments covered by this law. Public employment: Government employees are not mentioned. Burden of payment. Entire cost rests upon the employer. Compensation for death. (a) To persons wholly dependent, a sum equal to 150 times the average weekly earnings of the deceased, not to exceed $3,000. (6) If only partial dependents survive, such proportion of the above compensation as corresponds to the portion of wages contributed to their support, (c) If no dependents are left, expenses of medical care and burial to a reasonable amount, not in excess of $100. Compensation for disability, (a) For total disability, a sum beginning with the fifteenth day, not exceeding 50 per cent of average weekly earnings. (6) For partial disability, a sum not in excess of 50 per cent of the loss of earning capacity. In no case is compensation to exceed $10 a week nor run for a longer period than 300 weeks. The court may determine the amount of lump sums payable as a substitute for weekly payments. Revision of benefits. The injured person, when requested by the employer, must submit to medical examination not oftener than once a week. Insurance. No provision. Security of payments. The employer must satisfy the commissioner of labor of his ability to pay the required compensation or file a bond conditioned on the discharge of all liability incurred under this act. Weekly payments have the same preferential claim against the assets of the employer as is allowed for unpaid wages or personal services. Settlement of disputes. All questions not settled by agreement are determined by an action in equity. 62 workmen's compensation laws — united states. NEW JEBSEY. Date of enactment. April 4, 1911; ia efiect July 1, 1911; amended May 2, 1911, April 1, 1912, and March 27, 1913. Injuries compensated. Injury by accident arising out of and in the course of employ- ment causing disability of over two weeks, or death, unless intentionally self-inflicted or due to intoxication. Industries covered. All employments in the absence of contrary election. Persons compensated. Private employment: All employees except casual. Non- resident aliens receive no benefits. Public employment: Every employee of the State, county, municipality, board or commission, or other governing body, includ- ing boards of education, except persons receiving a salary greater than $1,200 per year, and thpse holding an elective office. Burden of payment. The entire cost rests upon the employer. Compensation for death. (a) To one dependent, 35 per cent of the wages of the deceased person, and for each additional dependent 5 per cent additional, the total not to exceed 60 per cent, payable for not more than 300 weeks. Compensation not to be less than |5 nor more than $10 per week, imless the earnings were less than $5, when full wages are paid. (6) If no dependents, the expense of the last sickness and of burial, not exceed- ing $100. Payments to widows cease on remarriage, and to orphans on reaching the age of 18, unless physically or mentally deficient. A lump sum payment may be substituted at the discretion of the court of common pleas. Compensation for disability, (a) Reasonable medical and hospital services for the first two weeks of incapacity, not exceeding $50 in value. (6) For temporary total disability 50 per cent of wages, payable during disability but not beyond 300 weeks. (c) For permanent total disability, 50 per cent of wages during such disability, not beyond 400 weeks. (d) For certain specific injuries (mutilations, etc.) producing partial but per- manent disabilities, 50 per cent of wages during fixed periods. All weekly payments are subject to the same rule as to minimum and maxi- mum, as for death benefits. A lump sum payment may be substituted at the discretion of the court of common pleas. Revision of benefits. At any time after one year after an award has been made, either party may demand a revision of benefits. Insurance. No provision. Security of payments. The right of compensation has the same preference against the assets of the employer as are now or may hereafter be allowed by law for a claim for unpaid wages. Settlement of disputes. Either party may submit a claim to the judge of the court of common pleas who shall hear and determine such disputes in a summary maimer, subject to review of questions of law by the supreme court. workmen's compensation laws UNITED STATES. 63 NEW YORK. [Eleotire law.J Date of enactment. May 24j 1910; in effect September 1, 1910. Injuries compensated. All injuries causing disability to earn full wages for a period of at least two weeks, or death, provided the injury was not the result of serious and willful misconduct of the injured person. Industries covered. Any industry except railroads if the employer elects. Persons compensated. Private employment: Any employee. Public employment: Government employees are not mentioned. Burden of payment. Entire cost rests upon the employer. Compensation for death. (a) To persons wholly dependent, a sum equal to 1,200 times the daily earnings of the employee, but not exceeding |3,000. (6) If only partial dependents survive, such sum not exceeding that provided for persons wholly dependent, as may be determined to be reasonable and proportionate to the loss to such dependents, (c) If no dependents, the reasonable expenses of medical attendance and burial not exceeding $100. Compensation for disability. (a) For total disability, a weekly payment beginning with the fifteenth day after injury, and continuing during incapacity, not exceeding 50 per cent of eammgs. In no case is such compensation to exceed $10 per week or extend beyond eight years from the date of accident. (6) In case of partial incapacity the weekly payment shall equal but not exceed one-half the loss of earning capacity. In fixing the amount of compensation regard is to be had to any payment or other Denefit the injured person may have received from his employer during the period of incapacity. Revision of benefits. The employer may require the injured person to submit to a medical examination after three weeks following the injury at intervals not oftener than once in six weeks. Insurance. No provision. Security^ of payments. Weekly payments imder this law have the «ame preferential claim against the assets of the employer as are now allowed by law for impaid wages or personal services . Settlement of disputes. Disputes are determined by arbitration as provided by civil procedure, or by an action at law in any court having jurisdiction in cases on written contracts. 64 woekmen's compensation laws — united states. NEW YORK. [Compulsory law.) Bate of enactment. December 16, 1913; in effect July 1, 1914. Injuries compensated. Accidental injuries arising out of and in course of employ- mentj and disease or infection naturally and unavoidably fesultina; therefroni, causing disability for more tban two weeks, or death, unless caused by the willful intention of the injured employee to bring about the injury or death of himself or another, or by his intoxication while on duty. Industries covered. "Hazardous employments," including construction, mainte- nancOj and operation of steam and street railroads; telegraph, telephone, and other electrical construction, installation_, or operation; foundries, machine shops, and power plants; stone cutting or dressmg; manufactures, tanneries, laimdries, printing, and bookbinding; shipbuilding and repair, and the use of vessels in intrastate com- merce; work in mines, quarries, tunnels, subways, shaft sinking, etc. ; engineering work, and the construction, repair, and demolition of buildings and bridges; lumber- ing. Graying, loading, and unloading. Persons compensated. Private employment: All employees in industries covered, farm laborers and domestic servants not mcluded. Public employment: Not included. Burden of payment. Entire cost rests on employer. Compensation in case of death, (a) $100 for funeral expenses. (6) To a widow or dependent widower alone, 30 per cent of wages of deceased, 10 per cent additional for each child under 18; dependent orphans under 18 receive 15 per cent each, and dependent parents, brothers, or sisters receive 15 per cent each; aggregate payments in no case to exceed 66f per cent, (c) Payments to widow or widower cease on death or remarriage or when depend- ence of widower ceases, with two years' compensation on remarriage; payments to children, brothers, and sisters cease at 18, and to parents when dependence ceases. In computing the above benefits no wages in excess of $100 monthly are considered. Compensation for disability. (a) Medical and surgical treatment and hospital services for 60 days, costs to be approved by the commission. (b) For total disability, 66f per cent of wages during continuance. (c) For partial disability, 66| per cent of wage loss; for specified permanent partial disabUitiea (mutilations, etc.), 66f per cent of wages for fixed periods. The foregoing payments may not be less than $5 nor more than $15 per week, except for certain maimings the maximum may be $20. Revision of benefits. Awards may be reviewed at any time, and ended or increased or decreased within the limits fixed. Insurance. Employer must gjve proof of financial ability to make payments (de- posit of securities may be required), or must insure in State fund or mutual or stock company. Security of payments. Insurance may be made to inure directly to the benefit of claimants; msolvency of employer does not release insurance company. Payments have same preference as unpaid wages for labor. Settlement of disputes. Disputes are settled by the State workmen's compensation commission, with appeals to courts. WORKMEN S C0MPE2SrSATI0N LAWS — UNITED STATES. 65 OHIO. Late of enactment. June 15, 1911; in effect January 1, 1912; amended March 14, 1913. Injuries compensated. All injuries not self-inflicted received in the course of em- pigment causing disability beyond one week, or death. Industries covered. All industries employing 5 or more persons regularly in the same business; also establishments with less than 5 workmen if the employer electa to pay the premiums provided by this act. Persons compensated. Private employment: All employees excluding casual workerSjbut including aliens and minors lawfully employed. Public employment: Persons in the service of the State, or its political subdivisions, excepting the officials of the State or municipal governments, and policemen and firemen in cities where pension funds are established and maintained by municipal authority. Burden of payment. Entire cost rests upon the employer. Compensation for death. (fl) Burial expenses not to exceed |150. (5) To persons wholly dependent, 66f per cent of the average weekly earnings of the deceased workman for six years after the date of the injury, not less than $1,500 nor more than $3,750. (c) If only partial dependents survive, a proportionate sum to continue for all or such portion of the period of six years as the State liability board may determine in each case, not exceeding a maximum of |3,750. (d) If no dependents, medical and hospital services not exceeding $200 in value, and burial expenses as above. Compensation for disability. Medical, hospital, etc., services, not to exceed $200, For total temporary disability, a weekly payment of 66§ per cent of average weekly wages, during disability, not less than |5 nor more than $12 per week, but not for longer than six years, nor exceeding $3,750. (c) For total permanent disability, a weekly payment as above continuing until death. (d) For partial disability, 66J per cent of loss of earning capacity during the con- tinuance thereof, but not exceeding $12 per week or a total of $3,750. (e) In certain specified injuries (mutilations, etc.), compensation of 66f percent of wages for fixed periods, with the same maximum and minimum limita- tions noted above. In all cases if wages are less than prescribed minimum, then total wages are paid as compensation; an expected increase in wages may be given con- sideration. Revision of benefits. The State liability board may from time to time make such modification or change in its former findings of fact as it deems necessary. Insurance. The law creates a State insurance fund, under control of a State liability board. Other schemes are permitted, provided benefits equal to those provided by the State insurance fund are guaranteed employees at the employer's cost. Security of payments. Insurance is under State control. Claims for compensation under this law have the same preference against the assets of the employer as are or may be allowed by law on judgments rendered for claims for taxes. Settlement of disputes. The board hears and determines all cases within its juris- diction, limited right of appeal to the civil courts being reserved to the claimant. 22566°— S. Doc. 336, 63-2 5 (a) (6) 66 workmen's compensation laws UNITED STATES. OEEGON. Date of enactment. February 25, 1913; in effect 90 days after adjournment of the legislature. (July 1, 1913.) Injuries compensated. Injuries by acciden t arising out of and in the course of employ- ment, except those brought about in tentionally. Industries covered. All hazardous occupations, including factories, mills, and work- shops employing machinery; mines, quarries, wharves and docks, dredges, engineering works; building trades; telegraph, telephone, electric light and power plants or lines, steamboats, tugs and ferries; Eul in absence of contrary election. Other employers may accept the law by affirmative election. Persons compensated. Private employment: Any workman employed as above in absence of contrary election. Nonresident alien beneficiaries other than parent, spouse or child are not included unless otherwise provided by treaty. Public employment: Not included. Burden of payment. The employer deducts five-tenths of one per cent of employee's monthly earnings, not less, however, than 25 cents per month, and himself contributes six times this amount. The State gives a subsidy. Compensation for death. (a) Burial expenses not to exceed $100. (b) To widow or invalid widower, a monthly payment of $30, and to each child under 16 (daughters 18), $6 a month, the total monthly not to exceed $50. (c) To orphans under 16 years of age (daughters 18), a monthly payment of $15 each; the total not to exceed $50. (d) To other dependents, there being none of the foregoing, a monthly payment to each of 50 per cent of the average support received during the preceding year, but not to exceed $30 a month in all. (e) To parents of an unmarried minor, a monthly payment of $25, until such time as he would have been 21, after which time compensation shall be paid according to (d) above. Payments to widow or widower continue until death or remarriage. On remarriage of widow she receives a lump sum of $300. Payments to a male child cease at 16 and to a female at 18, unless the child is an invalid. Compensation for disability. (a) Transportation, medical, surgical, and hospital expenses not exceeding $250 in value. (6) For permanent total disability, monthly payments as follows: (1) Ifunmairied at the time of the injury, $30; (2) if with wife or invalid husband, but no child under 16 years, $35; if the husband is not an invalid, the sum is $30; (3) if married or a widow or widower with a child or children under 16 years, $6 additional to the provision under (2) above, for each child until 16 years of age; the total monthly payments not to exceed $50. (c) For temporary total disability, the above payments apply during disability, increased 50 per cent for first 6 months, but in no case to exceed 60 per cent of monthly wages. (d) For partial, temporary disability, a proportionate amount, corresponding to loss of earning power for not exceeding 2 years. (e) For certain specified injuries (mutilations, etc.), monthly payment of $25 per month payable for fixed periods. A lump sum at the option of the injured person is provided in some cases. Partial lump sum payments to any beneficiary may be substituted at the discretion of the commission. Revision of hemfits. The rate of compensation maybe readjusted either upon the application of the beneficiary or by the State Industrial Accident Commission upon its own initiative. Insurance. Insurance is effected through the State Industrial Accident Fund, under supervision of the State Industrial Accident Commission. Security of payments. Insurance under State control. ' Settlement of disputes. Any decision of the commission is subject to review bv the circuit court, and appeals lie from the circuit court as in other civil cases. workmen's compensation laws — UNITED STATES. 67 RHODE ISLAND. Bate of enactment. April 29, 1912; in effect October 1, 1912; amended by act of April 29, 1913. Injuries compensated. Personal injuries bj; accidents arising out of and in the course of employment causing incapacity for earning full wages for a period of more than 2 weeks, or death, except where the injury resulted from the willful intention of the injured person to injure himself or another, or from intoxication. Industries covered. All industries except domestic service and agriculture if the employer elects. Defenses in suits for damages are not abrogated unless more than 5 persons are employed. Persons compensated. Private emplojonent: All employees in establishments cov- ered by this act in absence of contrary election, casual employees and those earning above $1,800 a year excepted. Pubhc employment: Not mentioned. Burden of payment. Entire cost rests upon the employer. Compensation for death, (a) To persons wholly dependent, a weekly payment equal to one-half the aver- age weekly earnings of the deceased employee, but not less than $4 nor more than $10 per week, for a period of 300 weeks. (6) If only partial dependents survive, a sum proportionate to the amount which the annual contributions bore to the annual earnings of the deceased, for not exceeding 300 weeks, (c) If no dependents, the expense of the last sickness and burial of the deceased employee, not exceeding $200. Payments to children cease on their reaching the age of 18 years unless they are physically or mentally incapacitated. Compensation for disability. (a) The necessary medical and surgical care and hospital services for the first 2 weeks after the injury. (6) For total incapacity, a weekly payment equal to one-half the wages, but not less than $4 nor m.ore than $10 per week, dviring such incapacity, but not for a longer period than 500 weeks. (c) For partial incapacity, a weekly payment equal to one-half the loss of earn- ing power, but not exceeding $10 per week, during such incapacity, and not for a longer period than 300 weeks. (d) For certain specified injuries (mutilations, etc.), inadditionto the above, one- half the wages, weekly payments to be not less than $4 nor more than $10 per week, for fixed periods. Lump sum payments may be substituted by order of the superior court after compensation has been paid for six months for either death or injury. Revision of benefits. Amount payable may be reviewed and modified by the supe- rior court at any time within 2 years, if the time for payments has not expired. Insurance. Approved schemes or insurance plans may be substituted, but the employer must meet all cost unless added benefits are provided corresponding to any contributions made by employees. Security of payments. Claims for compensation under this act, and under any sub- stitute scheme, shall be entitled to a preference over the unsecured debts of the em- ployer hereafter contracted to the same amount as the wages of labor are now preferred . Settlement of disputes. Disputes are settled by the superior court on a petition in the nature of a petition in equity, filed by any party in interest. Appeals may be car- ried to the supreme court by any aggrieved person. 68 workmen's compensation laws — UNITED STATES. TEXAS. Date of enactment. April 16, 1913; in effect September 1, 1913. Injuries compensated. Personal injury sustained in the course of employment causing incapacity to earn full wages for at least one week, or death. Imiistries covered. Excluded from the act are domestic and farm labor, railways operated as common carriers, and cotton ginning; also establishments in which not more than 5 persons are employed. Apphes to other industries if the employer sub- scribes to the State insurance fund. Persons compensated. Private emplojrment: All employees in industries included, except casual. Public emplojrment: No provision. Burden of payment. The entire cost rests upon the employer. Compensation for death. (a) To the legal beneficiary of the deceased employee, a weekly payment equal to 60 per cent of his wages, not less than $5 nor more than $15 for a period of 360 weeks, distributed according to law governing property distribution. (fc) If no beneficiaries or creditors are left, the expenses of the last sickness and in addition a funeral benefit not to exceed $100. (c) If the deceased leaves no beneficiaries but leaves creditors, the insurance association is liable to the creditors for such debts in an amount not exceed- ing that which would be due beneficiaries. Compensation for disability. (a) Medical and hospital care for the first week. (b) For total incapacity, a compensation equal to 60 per cent of the average weekly wages of the injured person, but not less than $5 nor more than $15 per week during such disability, but not exceeding a period of 400 weeks. (c) For partial incapacity, a compensation equal to 60 per cent of the loss oi earn- ing power during such disabihty, but not exceeding 300 weeks, in no case to exceed $15 per week. (d) For certain specified injuries (mutilations, etc.), an additional compensation equal to 60 per cent of the average weekly wages of the injured person for fixed periods, not less than $5 nor more than $15 per week. A lump sum payment may be substituted for weekly payments in cases of death or total permanent disabihty, subject to the approval of the indus- trial accident board. Revision of benefits. The industrial accident board may call for medical examina- tion as often as may be reasonably ordered. Insurance. Insurance may be effected through the Texas Employers' Insurance Association, under State control, or in any company admitted to do business in the State. Security of payments. Association is under State control. Settlement of disputes. Disputes are referable to the industrial accident board, whose decisions are subject to appeal to any court of competent jurisdiction. workmen's compensation laws-^united states. 69 WASHINGTON. Date of enactment. March 14, 1911; in effect October 1, 1911; amended, 1913. Injuries compensated. Injuries causing disability of 5 per cent, or death, to a person whether received upon the premises or at the plant or in the course of employment while away from the establishment, except injuries brought about intentionally. Industries covered. All extrahazardous employment, including mills, factories and workshops where machinery is used;' blast furnaces, mines, quarries, and wharves; engineering works; logging, limibering, and shipbuildiug; building trades; telegraph, telephone, electric light or power plants or lines; steamboats, tugs, and ferries; rail- roads except as governed by Federal statute; State, comity, and municipal under- takings involving extrahazardous work in which persons are employed for wages. Persons compensated. Private employment: All employees in industries covered by the act; any working employer or salaried employee on the pay roll at a rate not greater than the average named in such pay roll. Public employment: All em- ployees in industries covered by the act. Burden of payment. The entire burden rests upon the employer. Compensation for death, (a) Expenses of burial not exceeding $75. (6) To widow or invalid widower, a monthly payment of f20; to each child under 16, $5 per month, the total not to exceed 135. (c) If no parent survives, a monthly payment of $10 to each child under 16 years of age, the total not to exceed $35. (d) To other dependents, if none of the above survive, a monthly payment to each equal to 50 per cent of the average amount previously contributed to the dependent, the total not to exceed $20. (c) To the parent or parents of an unmarried minor a monthly payment of $20 imtil the time he would have been 21. In case of dependence, payments to parents of minors are governed by (d). Payments to a widow or widower continue until death or remarriage, and to a child until reaching the age of 16 years. If a widow remarries she receives a lump sum of $240. Compensation for disability. (a) For permanent total disability, payments as follows: (1) If unmarried at time of the accident, $20 per month; (2) if with a wife or invalid husband, but no child under 16 years of age, $25 a month; if the husband is not an invalid, $] 5 per month; (3) if married, or a widow or widower witha child or children under 16 years, $5 a month additional for each child, the total not to exceed $35. (5) For total temporary disability, payments as for permanent total disability during disability, increased by 50 per cent for first six months, but in no case to exceed 60 per cent of monthly wages. (c) For temporary partial disability, the payment as for total disability continues in proportion to the loss of earning power, provided this shall exceed 5 per cent. (d) For permanent partial disability, a lump sum not to exceed $1,500; if the injured person is a minor, the parents receive an additional sum, equal to 10 per cent of the award to the injured person. Mondily payments may be converted into lump sum payments in case of death or permanent total disability. Revision of benefits. Revision may be had upon application of the beneficiary or upon the motion of the departnient._ Insurance. Insurance is required in a State accident fund. Security of payments. Accident fund under State control. Settlement of disputes. By industrial insurance department whose decisions are sub- ject to review by the superior court, from which appeal lies as in other civil cases. 70 WOEKMEN's compensation laws — UNITED STATES. WEST VIBGINIA. Date of enactment. February 22, 1913; in effect October 1, 1913. Injuries compensated. All personal injuries not the result of willful misconduct or intoxication of the injured employee, or self-inflicted, causing incapacity for more than one week, or death. Industries covered. All except domestic or agricultural labor, if the employer be- comes a member of the State insurance fund. Persons compensated. Private employment: All employees in industries covered, including aliens, except persona casually employed, and the officers of corporations. Public employment: No provision. Burden of payment. Employer, 90 per cent; employees, 10 per cent. Compensation for death. (a) Reasonable funeral expenses, not to exceed $75. (b) To the widow or invalid widower, $20 per month and $5 per month addi- tional for each child under the age of legal employment, the total not to exceed $35 per month. (c) To other persona wholly dependent, if no widow, invalid widower, or child under the age of legal employment is left, 50 per cent of the average monthly support received from the deceased during the preceding year, not ex- ceeding $20 per month, for 6 years. (d) If the deceased was a single minor, to a dependent parent, 50 per cent of the earnings, not to exceed $6 per week, until the time he would have become 21. (f) If only partial dependents survive, a compensation computed as in (c), with the same maximum. Payments to a widow or widower cease on remarriage, and to children on reaching the legal age for employment [14 years]. Compensation for disability. (a) Medical, nurse, and hospital services, not exceeding $150. (6) For " temporary or partial " disability, beginning with the eighth day, during. such disability, 50 per cent of loss of his earning capacity, not less than $4 nor more than $8 per week, not exceeding 26 weeks, except that for certain maimings the period may be 156 weeks, (c) For permanent total disability, beginning with the eighth day, 50 per cent of the average weekly wages, during life, not less than $3 nor more than $6 per week. Lump-sum payments may be substituted for periodic payments in case of either injury or death. Revision of benefits. Awards may be modified at any time. Insurance. Insurance _ia effected through a State fund under the control of the public service commission. The commission may reinsure all or any part of any class or risk in any authorized insurance company. Security of payments. Insurance is under State control. Settlement of disputes. Disputes are settled by the commission; limited appeal to the supreme court. workmen's compensation laws — UNITED STATES. 71 WISCONSIN. Date of enactment. May 3, 1911; in effect same date; amended June 26, 1913; July 30, 1913; August 9, 1913. Injuries compensated. Personal injury by accident causing disability of at least one week, or death, while performing service growing out of and incidental to the em- ployment, not intentionally self-inflicted. Industries covered. All, if the employer elects. Compulsory as to State and its municipalities. Persons compensated. Private employment: All employees except casual, including aliens, in the_ absence of contrary election. Public employment: All employees of the State or its political subdivisions. Burden of payment. Entire cost rests upon the employer. Compensation for death, (a) To persons wholly dependent, a sum equal to 4 years' earnings, but which when added to any prior compensation for permanent total disability shall not exceed 6 years' earnings. (6) If only partial dependents survive, a sum not to exceed 4 times the amount provided for their support during the preceding year. (d) If no dependents, the reasonable expense of burial, not exceeding $100. AU payments are to be made in weekly installments equal to 65 per cent of the average weekly earnings. Dependence of children ceases at 18, unless physically or mentally incapaci- tated. Compensation for disability. (a) Medical, surgical, and hospital treatment for not exceeding 90 days, or the reasonable expenses therefor. (5) For total disability, 65 per cent of average weekly earnings during such disa- bility, but if the injured person requires the assistance of a nurse, then 100 per cent of earnings for first 90 days of disability. (c) For partial disability, 65 per cent of loss of earning power. (d) For certain specific injuries (mutilations, etc.), a sum equal to 65 per cent of average weekly earnings for fixed periods. («) For serious permanent disfigurement, a lump sum may be allowed, not ex- ceeding $750. In case of temporary or partial disability the aggregate compensation for a single injury shall not exceed 4 years' earnings, and for permanent dis- ability 6 years' earnings, nor may the disability period exceed 15 years from the date of the accident. Lump sum payments may be substituted at any time after 6 months from the date of injury. Revision of benefits. The commission may modify or change its order or award within 10 days if a mistake is discovered; or a review by the court may be had on appeal within 20 days. The commission may call for a medical examination at any time it deems necessary. Insurance. Insurance in approved companies is permitted, but the liability of the eroployer may not be reduced. Security of payments. The employer must give proof of financial ability or insure risks. Claims for compensation are preferred above other unsecured debts thereafter contracted. Settlement of disputes. Disputes are settled by the industrial commission, subject to a limited review by the courts. 72 workmen's compensation laws — UNITED STATES. TTNTTED STATES. Date of enaclment. May 30, 1908; in effect August 1, 1908; amended February 24, 1909; March 4, 191] ; March 11, 1912; and July 27, 1912. Injuries compensated. Injuries in the course of employment resulting in incapacity for work lasting more than 15 days, or death, unless injury is due to the negligence or misconduct of the employee injured. Industries covered. Manufacturing establishments of the United States, arsenals, navy yards, construction of river and harbor or fortification work or work in the reclamation of arid lands; work under the Isthmian Canal Commission, under the Bureau of Mines, under the Forestry Service, and under the Lighthouse Service. Persons compensated. Private employment: Not included. Public employment: Artisans or laborers employed by the United States (a) in any of its manufacturing establishments, arsenals, navy yards, or in the construction of river and harbor or fortification work; or (b) in hazardous employment on construction work in the reclamation of arid lands or the management and control of the same; (c) any person in hazardous employment under the Bureau of Mines, the Forestry Service, or the Lighthouse Service; (d) all employees under the Isthmian Canal Commission. Burden of payment. Cost is on the branch of the service in which the injured person was employed. Compensation for death. To the widow, children, or dependent parents, a sum equal to the wages the deceased person would have received for one year had he continued to be employed. Payments to children cease on their reaching the age of 16. Compensation for disability. A sum equal to the same pay the injured employee would have received if he continued to be employed during the period of disability, not to exceed one year. Revision of benefits. Payments are made in such portions and under such regula- tions as the Secretary of Labor may prescribe. Insurance. No provision. /Security of payments. Compensation is paid from annual appropriation for the sup- port of the service. Settlement of disputes. All questions as to right of compensation are decided by the Secretary of Labor, except as to the rights of employees of the Isthmian Canal Com- mission, which are determined by the chairman of that commission. WOEKMEn's compensation laws — UNITED STATES. Y3 CANAL ZONE. Date of enactment. August 24, 1912. Executive Order February 26, 1913; in effect March 1, 1913. [Suspended.] Injuries compensated. Personal iaijuries causing disability of over 5 days, or death, provided the injury is not intentionally brought about nor the result of intoxication. Industries covered. The construction, maintenance, operation or sanitation of the Canal, Panama Railroad, or auxiliary canals, locks or other subsidiary enterprises. Persons compensated. Private employment: Employees of the Panama Railroad Company directly engaged in the -work named above. Public employment: Em- ployees of the United States employed in the Canal Zone in the work named above. Burden of payment. The entire burden rests upon the employer. Compensation for death. (a) To widow or widower wholly dependent, there being no dependent child, 35 per cent of the monthly wages of the deceased for a period of 6 years; after 6 years not less than 20 nor more than 30 per cent. If partly dependent, a proportionate compensation. (6) In addition to the above, 10 per cent for each child, the total not to exceed 50 per cent for 6 years, thereafter 25 to 40 per cent. (c) If no parent is left, to one child 25 per cent and 10 per cent additional for each child, not exceeding in the aggregate 50 per cent of the wages. After 6 years the compensation shall not exceed 25 to 40 per cent. (d) To parents, no widow, widower, or child being left, when one only is wholly dependent, 25 per cent; when both are dependent, 20 per cent each, pay- able for a period of 8 years. (e) To brothers, sisters, grandchildren and grandparents, no dependent spouse, child or parent being left, 20 per cent if one is wholly dependent, and 30 per cent if more than one. If no one is wholly dependent out one or more are partly so, 10 per cent divided among them. Payments cease on the death or marriage of a beneficiary, on parents ceasing to be dependent, or on a child reaching the age of 18, if capable of self- support. Compensation for disability, (a) Reasonable medical, surgical, and hospital services and supplies. (6) Por total disability, a monthly payment beginning with the sixth day equal to 50 per cent of pay, for not more than 6 years; thereafter a monthly pay- ment not less than 25 nor more than 40 per cent of such wages, (c) For partial disability, a monthly payment equal to 50 per cent of the loss of earning capacity, for not longer than 6 years. If (usability continues, a monthly payment not less than 25 nor more than 40 per cent of such loss. Conversion to lump sum payments is provided for in certain cases. Revision of benefits. The governor of the Panama Canal Zone may at any time review the compensation previously fixed. Insurance. No provision. Security of payments. Under Government control. Settlement of disputes. The governor of the Canal Zone decides all questions arising under this order or in regard to the interpretation thereof. 74 workmen's compensation laws — UNITED STATES. ■UNITED STATES. COMPENSATION FOR EMPLOYEES OF RAILROADS ENGAGED IN INTERSTATE COMMERCE. (BUI in 63rd Congress (S. 959) based on the Report of the Federal Commission.) Injuries compensated. Personal injuries due to accidents arising out of and in the course of employment causing disability for more than 14 days, or death, imlees caused by the willful intention of the employee to bring about the injury or death of himself or another or by hia intoxication. Industries covered. All common carriers by rail, including express companies, in the District of Columbia or engaged in interstate or foreign commerce. Persons compensated. Private employment: All employee8,_ including apprentices, but excluding casual employees. Public employment: Not included. Burden of payment. The entire cost rests upon the employer. Compensation for death. (a) To the widow alone, 40 per cent of monthly wages of the deceased; if any child or children (male under 16 or female under 20), 50 per cent. (J) To any child or children, no widow being left, if one chUd, 25 per cent of the wages, and 10 per cent additional for each child more than one, not to exceed 50 per cent in all. (c) If no wido^ or children entitled to compensation, then ta a parent or parents who are partially dependent, 15 per cent; if one is wholly dependent 25 per cent, and if both, 40 per cent of such wages. (d) If none of the foregoing, then to any wholly dependent brother, sister, grand- parent, or grandchild, 20 per cent if one; or 30 per cent if more than one; if only partly dependent, then 10 per cent of such wages. Beneficiaries not actual residents of tte United States or contiguous coimtries receive no benefits, except that a widow or child where there is no resident dependent widow or child, shall be paid a sum equal to one year's wages of decedent. (e) A funeral benefit of $75, if the monthly payments for death are not more than 115. If no monthly payments are payable, a reasonable funeral benefit not exceeding $150. All compensation payments cease in 8 years, or, in the case of a widow, upon prior remarriage; except that payments to children cease at 16 if a male or 20 if a female, unless dependent thereafter. Compensation for disability. (a) Medical and surgical aid, including hospital service, as may be reasonably required during the first 14 days, and thereafter in an amount not to ex- ceed $200. (b) For total disability, 50 per cent of monthly wages during its continuance, for life if permanent. (c) For certain specified injuries (mutilations, etc.) causing permanent partial disability, 50 per cent of monthly wages for fixed periods. (d) For temporary partial disability, 50 per cent of hia wages during any period of reduced earning capacity, but for a period not longer than would be paid for a permanent disability of the same character, nor after refusal to accept work at the same or better wages than he was receiving at the time of injury. Revision of benefits. A review of any agreement, award, findings or judgment may be had within two years from the date of accident, and beforeme expiration of the period for which compensation has been fixed, upon application of either party. Insurance. No provision. Security of payments. In cases of insolvency, liability for compensation constitutes a lien upon all property of the employer paramount to all other claims or liens except for wages and taxes. /Settlement of disputes. Any employer and his employees may organize and constitute one or more committees for the purpose of settling disputes, or questions may be re- ferred to an adjuster appointed by the court, with appeals to the courts. WOEKMEn's compensation laws — UNITED STATES. 75 It is obvious that no fixed form of analysis or summary presenta- tion can give in complete detail the provisions of the laws under consideration. They include questions relating not only to the compensation of accidents, but also to accident reporting, safety provisions, the enforcement of safety laws, the establishment of insurance systems, premium rates, investments, the scale of pay- ments in cases of certain forms of negligence or their increase under certain conditions, procedure in arbitration, forms of appeal, and a great variety of subjects on which it would be impossible to generalize, and which can be discovered orjy by a reading of the individual statutes, though the use of the index to the laws wUl aid in this. The acceptance by a few States of laws generally similar can be clearly recognized, but it is obvious that at the present time it can not be said that any one type of law is predominantly approved. Admit- ting that the question of State insurance is open to discussion, it can not be denied that some form of security of payments is desirable; and while constitutional limitations may appear to stand in the way of compulsory compensation systems, it is none the less certain that the welfare of both employer and employee, as well as the pubhc interest generally, would be served by the general adoption of uniform laws, just and certain in their operations, and not dependent for their acceptance on the personal views or interests of individuals or groups of individuals. What has appeared possible to the courts wiU be shown in the section following, in which are discussed the constitutionahty and construction of statutes, whUe under the heading, "Experience under the laws," will be given some idea of the eifect of the statutes enacted. CONSTITUTIONALITY AND CONSTRUCTION OF STATUTES. Especially in the early commission reports great stress was laid on the question of constitutionahty, as the laws under consideration were obviously wide departures from the principles that had been appUed theretofore. Until the decisions of the courts of several States passing upon the constitutionahty of the laws of such States were available, there was nothing of controlling authority to which refer- ence could be made as directly supporting laws of this class. There were, however, carefully worked out arguments presented in the report of the New York commission, as well as in those of Minnesota and Ohio, others devoting less space to this subject. In all these it was necessary to proceed on the basis of analogies, and it was not until the compulsory statute of New York (ch. 674, Acts 1910) was considered by the courts of that State that there was any direct judicial ruling on the points involved in compensation statutes. This, of course, is excluding from consideration the Maryland statute of 1902, which, as already pointed out, was a cooperative insurance 76 WOEKMEn's compensation laws — UNITED STATES. law applicable only to a very limited class of employments. This law was held unconstitutional by the court of first instance on the ground that it deprived the parties of their right of trial by jury, and as conferring judicial or at least quasi judicial functions on an execu- tive officer. The case was not carried up, so that no opinion of a higher court was ever secured. The recentness of the enactment of the laws precludes any extensive body of judicial opinion, though the number of points that may be considered by the courts is large, and current cases in which they are discussed are now being passed upon by the courts of last resort with considerable frequency. The State itself was active in securing early determinations as to constitutionality in Massachusetts, where the State senate submitted a bill to provide compensation to injured workmen to the supreme court of the State, for a prior determination of its constitutionality; in Ohio, where the treasurer of the State refused to pay the expenses of the State liabiUty board of awards on the groimd that the law under which such board was created was unconstitutional; and in Washing- ton, where the law was brought before the supreme court of the State by practically the same method as in Ohio. In Montana, New Jersey, New York, and Wisconsin cases were brought to the respective supreme courts in regular course by parties affected by the law. In all these cases the case turned directly on questions of constitu- tionality, while questions of construction and various details of the law were also necessarily considered in most instances, as well as in almost a score of cases in which opinions have been delivered since the beginning of the year 1913. DUE PROCESS OF LAW. Naturally, in the case of such wide departure from established pro- cedure, doing away with trial by jury, questions of negligence, con- tributory negligence, and liability generally, the claim was made that the new system contemplating practically automatic compensa- tion, and placing the biurden of industrial accidents on the industry rather than on any particular member of it, raised the question as to violations of the constitutional guaranties of due process of law. As to what constitutes due process of law the Ohio supreme court said: (State V. Creamer, 85 Ohio St. 349, 69 N. E., 602). Perhaps no exact definition of due process of law has been agreed on. Judge Story defines it in his work on the Constitution, section 1935: "The right to be protected in life and liberty, and in the acqui- sition of property under equal and impartial laws, which govern the whole cornmunity. This puts the State upon its true foundation for the establishment and administration of general justice, justice of law, equal and fixed, recognizing individual rights and not impairing them.'^ WOBKMEn's compensation laws — UNITED STATES. '77 In Cooley on Constitutional Limitations, section 356, it is said: "Due process of law in each particular case means such an exercise of of the government as the settled maxims of the law permit and sanction, and under such safeguards for the protection of individual rights as those maxims prescrihe for the classes of cases to which the "one in question belongs." The court then adverted to the case of Ives v. South Buffalo R. Co. (201 N. Y. 271, 94 N. E. 431), in which the compulsory law of New York had been held unconstitutional by the court of appeals of that State. Of this the Ohio court said: The [New York] court held the law invahd, as imposing the ordi- nary risks of a business (which under the common law the employee was held to assume) on the employer. The court states one of the premises on which it proceeds as follows: "When our constitutions were adopted it was the law of the land that no man who was without fault or neghgence could be held liable in damages for injuries sus- tained by another." But that rule was not of universal appMcation. At common law one may sustain such relation to the inception of an undertaking that he will be held liable for negligence in the progress of the enterprise, even though he has no part or connection with the negligent act itself which caused the injury. * * * The position in the line of causation which employers sustain in modem industrial !)ursuits is, of course, the basic fact on which employers' liabiHty aws rest. The Ohio statute was an elective one, dififering in this respect from the law of New York, and while the acceptance of the compensation provisions involved the surrender of other forms of defense. or reUef, the court held that this act in no way violated due process of law. The elective laws of Massachusetts and Wisconsin were likewise upheld by the supreme coiu-ts of the respective States as against the charges that they had violated this principle, the Massachusetts cotuI; (In re Opinion of Justices, 96 N. E. 308) laying particular stress on the voluntary features or noncompulsory featm-es of the law, and holding that there was nothing unconstitutional in its proposals and require- ments; while the Wisconsin court (Borgnis v. Falk Co., 147 Wis. 327, 133 N. W. 221) considered the nature of the administration of the law by a board and not by a court and the Hmitations of the powers of such board as contributing to keep the law within constitutional limits. In the principal opinion in this case it was pointed out that the law in question was enacted in response to an urgent pubUc opin- ion in an attempt "to solve certain very pressing problems which have arisen out of the changing industrial conditions of our time." While declaring that constitutional commands and prohibitions must be implicitly obeyed so long as they exist, it was held that in the absence of an express provision conditions prevailing at the time of the adoption of the Constitution and subsequent changes in social and economic affairs should be compared and weighed, and that no 78 -workmen's compensation laws UNITED STATES. attempt should be made to hold back the legislation needed for pres- ent conditions by reason of earlier constructions and interpretations. The Supreme Court of Washiagton had a different problem to meet, in that the law imder consideration was one which proposed an exclu- sive remedy, the question of acceptance being determined by the* statute and not left to the option of the employer. Under this act every employer to whom it appHes is required to contribute to a fund from which payment is to be made for the injuries of employees of persons engaged in similar industries, such payments to be made with- out reference to the fault of the employer or the negligence of the employee, and also without reference to the fact that no workman in a contributing employer's establishment may be injured during the entire period for which the contributions are made. The coiui; (State ex rel. Davis-Smith Co. v. Clausen, 65 Wash. 156, 117 Pac. 1106) conceded that on first impression the objections contained in these facts constituted a persuasive argument against the vaHdity of the act, but added that these conditions do not furnish an absolute test of such validity. The test of the validity of such a law is not foimd in the inquiry Does it do objectionable things ? but is found rather in the inquiry Is there no reasonable ground to beUeve that the pubHc safety, health, or general welfare is promoted thereby? * * * It is not meant here to be asserted that this [poHce] power is above the Constitution, or that everything done in the name of the police power is lawfully done. It is meant only to be asserted that a law which interferes with personal and property rights is valid only when it tends reason- ably to correct some existing evil or promote some interest of the State, and is not in violation of any direct and positive mandate of the Constitution. The clause of the Constitution now under con- sideration was intended to prevent the arbitrary exercise of power or undue, unjust, and capricious interference with personal rights; not to prevent those reasonable regulations that all must submit to as a condition of remaining a member of society. The court then cited a number of authorities as supporting the principles above laid down, many of the cases being those that had been mentioned in the earlier briefs presented in the commission reports already referred to. The Montana statute was also a compulsory one, and the court in considering it (Cunningham v. Northwestern Improvement Co., 44 Mont. 180, 119 Pac. 562) cited and followed the Washington opinion and reached the conclusion that the general scheme of the act under consideration was well within the police power of the State. "If the people, represented by their legislature, are of opinion that the public interests demand that industrial insurance ought to be substituted, in whole or in part, for actions in wrongs, this court certainly can not say that they are in error." workmen's compensation laws UNITED STATES. Y9 Later than the above is the discussion of this subject by the Supreme Court of New Jersey in its consideration of the elective compensation law of that State (Sexton v. Newark District Telegraph Co., 86 Atl. 451). This statute being elective its operation can only follow from the choice of the persons affected by it, so that under the act neither the employer nor the employee is bound to accept its provisions unless he chooses to do so. "If he does not he certainly is not deprived of property without due process of law. If he does, then he has given the consent which the prosecutors contend he must give in order to be boimd by the provisions of the second [compensation] section." With the exception of the Court of Appeals of New York, therefore, the seven courts of last resort which have passed upon the constitu- tionaHty of compensation acts have held that they did not violate the constitutional rule as to due process of law. The same view was held by the Supreme Court of New York in its opinion in the Ives case, quoting from the opinion of the Supreme Court" of the United States ni the case Holden ■;;. Hardy (169 U. S. 366, 18 Sup. Ct. 383): While the cardinal principles of justice are immutable, the methods by which justice is administered are subject to constant fluctuation; and the Constitution of the United States, which is necessarily and to a large extent inflexible and exceedingly difficult of amendment, should not be so construed as to deprive the States of the power to so amend their laws as to make them conform to the wishes of the citi- zens as they may deem best for the public welfare without bringing them into conflict with the supreme law of the land. On appeal, however, the foregoing opinion was rejected by the court of appeals. As to the hability fixed by the New York com- pulsory statute, it was said that it plainly constitutes a deprivation of liberty and property under the Federal and State constitutions which would not be valid unless justifiable under the poHce power. The economic argument was considered and the defects of the pres- ent system were recognized. We have aheady admitted the strength of this appeal to a recog- nized and widely prevalent sentiment; but we think it is an appeal which must be to the people and not to the courts. The right of property rests not upon philosophical or scientific speculations, nor upon the commendable impulses of benevolence or charity, nor yet upon the dictates of natural justice. The right has its foundation in the fundamental law. That can be changed by the people, but not by legislatures. * * * jf g^ch economic and sociological argu- ments as are here advanced in support of this statute can be allowed to subvert the-fundamental idea of property, then there is no private right entirely safe,, because there is no limitation upon the absolute discretion of legislatures, and the guaranties of the constitution are a mere waste of words. 80 woekmbn's compensation laws — united states. It was further said that — The argument that the risk to an employee should be borne by the employer because it is inherent in the employment may be econom- ically sound, but it is at war with the legal j)rinciple that no employer can be compelled to assume a risk which is inseparable from the work of the employee and which may exist in spite of a degree of care by the employer far greater than may be exacted by the most drastic law. * * * In. its final and simple analysis that is taking the property of A and giving it to B, and that can not be done under our constitutions. The cases cited in the commissions' briefs, and subsequently in the Washiugton and other opinions, were referred to and distinguished as not supporting the claims made for them. The opinions, there- fore, in this case and in that given out by the Washington supreme court are in direct conflict. In referring to the New York opiaions the Washington court said: The act the [New York] court there had ia review is dissimilar ia many respects to the act before us and is perhaps less easily defended on economic grounds. The priaciple embodied in the statutes is, however, the same, and it must be conceded that the case is direct authority against the position we have here taken. We shall offer no criticism of the opmion. We will only say that, notwithstanding the decision comes from the highest court of the first State of the Union and is supported by a most persuasive argument, we have not been able to yield our consent to the view there taken. JURY TRIAL. A contention made in connection with the question of due process of law, but as a specific poiat, was that the system of awards pro- posed was an abrogation of the right of trial by jury in violation of constitutional guaranties. The Supreme Court of New Jersey ia speaking of -this point said: "This contention totally misconceives the proper construction and effect of the constitutional provision in question. The language with respect to this mode of trial is that it shall remain inviolable, not that it shall be unalterable. It is there- fore a privilege which may be waived by either party and not an absolute right which is not the subject of such a waiver." It was pointed out that there had been for a number of years provisions for the waiver of the right of jury trials, and that provisions of this sort had been uniformly held to be entirely constitutional, citing a number of cases. In the foregoing case it is obvious that the matter of election or option was of the essence of the opinion. In Washington, however, the subject of a fixed rule was before the court, and it was objected that "the legislature can not fix a procrustean rule for the admeas- urement of damages arising from injuries received by one in the employment of another," as both parties were entitled to have the workmen's compensation laws UNITED _ STATES. 81 question of right and amount submitted to a jury. The court hav- ing held, however, that for the privilege of engaging in businesses of certain sorts the State might properly require contributions to a benefit fund, it concluded that it might also require employees enter- ing into contract relations with employers of the foregoing class to receive a given sum for such injuries as they might incur during employment. In this view the legislature would be authorized to provide that if a workman was injured while so engaged he should receive a "sure award in a limited sum as compensation for his injury and ia lieu thereof shall forego his common-law action m damages therefor. * * * The desirability of this substitution is unquestioned, and we believe that the legislature had the power to make it without violating any principle of the fundamental law." A similar conclusion was reached by another line of argument, the court saying that "the right of trial by jury accorded by the Consti- tution, as applicable to civU cases, is incident only to causes of action recognized by law." If, therefore, the legislature is able to take away the cause of action on the one hand and the ground of defense on the other and merge both into a statutory indemnity, the right to sue has fallen and with it, of necessity, the right of jury trial. , In the Montana case it was pointed out, first, that the Constitu- tion of the United States does not guarantee a trial by jury in a civU action in a State court, citing a decision by the Supreme Court of the United States. It was said, further, that the provision of the State constitution that the right of trial by jury shall be secured to all and remain inviolate had been construed by the court as apply- ing only to those cases wherein a right of trial by jury existed at the date of the adoption of the constitution. It was held therefore that such guarantee would have no reference to claims against an indemnity fund such as are provided for by the act in question, since the adjustment of claims under the act is administrative and not judicial, nor does due process of law neces- sarily require a jury trial, citing Montana Co. v. St. Louis Min. Co., • 152 U. S. 160, 14 Sup. Ct. 506. LIABILITY WITHOUT FAULT. Perhaps the ground on which the New York court of appeals most strongly condemned the compulsory law of that State was that it charged the employer with a liability without fault. The point was argued at considerable length and the cases offered in support of such liability were examined and held to be inapplicable to the questions under consideration by the court, and the conclusion was therefore reached that the law in question contained no justifying provision that would warrant the imposition of such liability. 22566°— S. Doc. 336, 63-2 6 82 workmen's compensation laws UNITED STATES. It contains not a single provision which can be said to provide for the safety, health, or morals of the employees therein specified, nor to impose upon the enumerated employers any duty or obligation designed to have tnat effect. It does not affect the status of employment at all, but reads into the contract between the employer and employee without the consent of the former, a liability on his part which never existed before and to which he is permitted to interpose practically no defense, for he can only escape liability when the employee is injured through his own willful misconduct. The Supreme Court of Washington, on the other hand, held with equal vigor that the valuable ends in view and the reasonable pro- visions of the law for the securing of those ends warranted the imposi- tion of such liabilities as were enforced by the law of that State, so that in the exercise of the police power for the promotion of the welfare of the State a sufficient warrant existed for the fixing of the liability in question, citing in this connection an extended list of cases, some of which the New York court had noted and distinguished. In a case decided by the Supreme Court of Wisconsin (City of Mil- waukee V. Miller, 144 N. W. 188), in discussiag the nature of com- pensation laws, the court referred to the old rule of liability as being based on " the common-law principle that he who tortiously iajures another in his person or his property incurs a legal liability to make good to that other all the loss which is directly and naturally caused thereby, regardless of any element of reasonable anticipation of con- sequences." The court then said: "This extreme and rather harsh rule is characterized by a penal element, grounded on the moral turpitude of the wrongful act. Under the statutory system for deal- ing with personal injury losses incident to performance of the duties of an employer, they are regarded as mutual misfortunes to be charged up, as directly as practicable, to the cost of production. The right to have the employer regarded as an agency to make pay- ment to the employee and absorb the same as an expense of the industry, regardless of whether the loss is attributable to any human fault, is a legislative creation withia the constitutional exercise of the police power to legislate for the public welfare." ABROGATION OF EMPLOYERS' DEFENSES. In a number of cases the question was raised as to the power of the legislatiu-e to abolish the defenses of fellow service, contributory negligence, and assumption of risks, as was done in most of the laws providing for compensation. There was, however, little disagree- ment by the courts on this point, the New York court of appeals saying that the power of the State to make changes in methods of procedure and in subsequent law was clearly recognized. "We have said enough to show that the statutory modifications of the 'fellow- servant' rule and the law of 'contributory negligence' are clearly workmen's COMPENSATIOIT LAWS — UNITED STATES. 83 within the legislative power. These doctrines, for they are nothing more, may be regulated or even abolished. This is true to a limited extent as to the assumption of risk by the employee." (Ives v. R. Co., supra.) The Massachusetts court, speaking on this point, said that the rules of law relating to these three defenses were established by the courts, not by the constitution, and that the legislatiu-e may change them or do away with them altogether as defenses. The courts of Wisconsin, New Jersey, and Ohio agree with the opinion of the Massachusetts court, the Ohio court saying that as to the right to abolish the defense of assumption of risks the great weight of authority is against the position of the New York court, holding that it is subject to the same complete legislative control as the other defenses made. CLASSIFICATION OF INDUSTRIES. In a number of the statutes under consideration distinction is made between industries or occupations as hazardous and nonhazardous. Opponents of the laws seized upon these provisions as points for attacking the constitutionality of the laws as being repugnant to the provision of the fourteenth amendment to the Federal Constitution, which guarantees to all citizens the equal protection of the laws. In discussing the New York statute which applied only to designated dangerous employments, the court noted the contention that the classification was fanciful and arbitrary, but from its examination it concluded that "all the occupations enumerated in the statute are more or less inherently dangerous to a degree which justifies such legislative regulation as is properly within the scope of police power." The Massachusetts comt also found nothing unconstitutional in the provision of the proposed law in that State excluding from its appli- cation domestic servants and farm laborers. The Supreme Court of Washington, in passing upon this objection to the law of that State, held that "it is well settled that neither the clause of the State consti- tution prohibiting class legislation nor the clause of the fom^eenth amendment to the Constitution of the United States relating to the equal protection of the laws, takes from the State power to classify in the adoption of police regulations." The Wisconsin court, in discussing the provision of the law which preserves to employers who elect to come under the law the right to use these defenses in suits by employees who elect not to come under the law, while it takes away the same defenses from employers who do not so elect, held that this was a classification which meets the essen- tiar requirements of the constitution. The test prescribed was that the classification must be based on substantial distinctions which make real differences, must be germane to the purposes of the law, and must not be limited to existing conditions only and must apply 84 WOEKMEN's compensation laws — ^UNITED STATES. equally to each member of the class. It was also held in the same opinion that it was not necessary to make a distinction between hazardous and nonhazardous employments as a basis for abrogating the employers' common-law defenses. Similar was the ruling of the Ohio supreme court to the objection that the statute of that State makes an unjust and arbitrary classifi- cation and does not affect all who are within its reason as required by the constitution of the State, the law in question exempting employers of less than five workmen from its operation. The court held this classification to be reasonable and proper, since "in the nature of the case the risks of any regular employment are less and the opportunity for avoiding them better where an employee is one of four than when the number is larger," citing from the decision in the Wisconsin case in which it was said that the difference in the situation is not merely fanciful but is real. The Wisconsin statute abrogates defenses when employers of four or more employees fail to come within the act, and this provision was held to be controlling in Cavanaugh v. Morton Salt Co., 140 N. W. 53, so as to bar the defense of fellow service in a workman's suit for damages. EQUAL PROTECTION OF THE LAW. An objection that was found fatal to the Montana statute was its failure to provide equal protection, not as between different classes ^of employers or of employees, but as between the employers and workmen to whom the act applied. The law in question was a com- pulsory cooperative insurance statute, requiring the payment of contributions to a State fund by the employer in his own behalf and in behalf of his employees, permitting him to recoup himself in part by withholding from the employees' wages fixed amoimts as their con- tribution to the fund. Designated amounts were provided as benefits for injured workmen to be paid from this fund, but the workmen were given the option of suing the employer in an action to recover damages for injuries received. This resulted in the compulsory maintenance of a fund by the employers' contributions and a second liability to an action in damages after having made such contribu- tion. This provision of the statute, not essential to its general scheme (which had been declared constitutional by the court), was held to be inequitable and unjust so as to clearly invalidate the law as charging the employer with a double liability and not afford- ing to him the equal protection of the laws. It may be noted that in the local law of Maryland applying to Allegany and Garrett counties, a simUar option is permitted employees to accept benefits from the funds maintained by contributions or to sue the employer WOEKMEn's compensation laws — UNITED STATES. 85 for damages. The difficulty whicli invalidated the Montana law is avoided, however, by permitting the employers to reimburse them- selves by withholding from subsequent contributions such an amount as will equal the judgment and costs incurred in the action. EXERCISE OF JUDICIAL POWERS. A number of the laws in question provide for their administration and the settlement of disputes by boards or commissions, and these provisions were made the grounds of attack on their constitution- ality as conferring judicial powers, upon nonjudicial officers. In no case was this contention admitted. The Montana law conferred certain duties upon the State auditor, which were held by the supreme court of that State to be adminis- trative and not judicial, while the suggestion that he might in cer- tain cases be called upon to exercise judicial power was said to be of no persuasive force, since such procedure would be altogether voluntary on his part and he might resort to the courts if he so desired. The industrial commission provided for in the Wisconsin statute was said by the court of that State not to be a com-t, and they con- strued the act as not vesting in this commission judicial powers within the meaning of the constitution. "It is an administrative body or arm of the Government, which in the course of its admin- istration of a law is empowered to ascertain some questions of fact and apply existing law thereto, and in so doing acts quasi-judiciaUy; but it is not thereby vested with judicial power in the constitutional sense." It was held that the act made no attempt to confer on the board power to consider and determine its own jurisdictional authority, but that courts were open for appeals from its findings on any one of three grounds, first, that the board acted without or in excess of its powers; second, that the award was procured by fraud; and third, that the findings of fact do not support the award. In view of these provisions the court held that there was no violation of the con- stitution in conferring such powers on the commission as it was authorized to exercise. Similar considerations were involved in the discussion of the Ohio statute, and similar conclusions were reached by the court in this case. It was said that the board of awards created by the act was purely an administrative agency with duties referring to the creation and administration of the insurance fund, and the fact that it is em- powered to classify persons to come under the law and to ascertain facts as to the application of the fund does not invest it with judicial power within the constitutional sense. 86 WOEKMEn's compensation laws — UNITED STATES. Of the Massachusetts law, it was said by the supreme judicial court of the State that for certain purposes the commission on arbi- tration and the industrial accident board, provided for by the com- pensation law of the State, should be classed as a court in certaia respects, though the members are not judicial officers within the constitution. However, as they have power to summon witnesses, administer oaths, make rulings, and render decisions they are in a sense courts, in which proceedings may be had which correspond to actions. (Pigeon v. Emp. Liab. Assurance Corp., 102 N. E. 932.) FREEDOM OF CONTRACT. The compulsory laws of New York and Washington were by their nature required to submit to scrutiny on the ground that they interfered imconstitutionally with the freedom of contract, and in the New York case it was held that this was unwarrantably done, reading into the contract between the employer and employee, and without the employer's consent, a new liability to which he can interpose practically no defense. In the Washington case it was remarked that personal rights such as the right of contract are not absolute; "on the contrary, it has been many times said that there is no absolute right to do as one will, to assume any calling one desires, or contract as one chooses; that the term 'liberty' means absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the com- munity;" citing Frisbie v. United States (157 U. S. 160, 15 Sup. Ct. 586). Other opinions cited were Holden v. Hardy (169 U. S. 366, 18 Sup. Ct. 383), in which the Supreme Court, speaking of the power to limit the hours of labor a workingman may be employed in underground mines, said: "This right of contract, however, is itself subject to certain limitations which the State may lawfully impose iu the exercise of its police powers"; and State v. Buchanan (29 Wash. 602, 70 Pac. 52), ia which a law limiting the nmnber of hours of labor that women might be employed in a day was held constitutional although requiring the yielding of individual rights. The Supreme Court of Massachusetts in discussing the law of that State found no difficulty in disposing of the question of freedom of contract because of the elective or optional feature of the law by reason of which employers and employees were alike at liberty to choose whether or not they would accept the provisions of the statute. As to the Wisconsin law it was contended that while it in form presented to employers and their workmen a free choice as to acceptance or rejection of its terms, it was in fact coercive, since the employer is constrained by the aboHtion of his defenses to accept the act, while the employee will feel himself obliged to come within WORKMEN 's" COMPENSATION LAWS — UNITED STATES. 87 its provisions for fear of discharge if he does not accept. The court assumed that certain employers would feel themselves able to ade- quately safeguard theif workmen and carry their own risks under the habihty laws of the State, even with the defenses abrogated, since under the circumstances of their estabUshments they would consider that preferable to assuming the burdens of the compensation law. So also it was argued that in all probability a great body of work- men, especially the unskilled classes, would be glad to secure a cer- taia compensation in case of injury instead of accepting the uncer- tainties of a lawsuit. This phase of the subject was dismissed as being speculative and conjectural, since no one could say what the practical operation of the law would be. "It is enough for our present purpose that no one can say ^vith certainty that it would operate to coerce either employer or employee." The same situation was developed in the Ohio opinion, in which it was said that " it is urgently insisted that while the law is appar- ently permissive and leaves its operation to the election of the em- ployer and employees, it is really coercive." The law in question deprived the employer of certain defenses if he failed to elect, elec- tion by the employee being presumed if he continued in service, but he might sue in certain cases of the employer's neghgence. The system thus provided was held by the court not to be coercive on account of the common law and statutory rights still preserved to the parties. "As was said in the Wisconsin case, 'Laws can not be set aside upon mere conjecture or speculation. The court must be able to say with certainty that an unlawful result wiU follow.' We do not see how such a thing could be said here." The New Jersey supreme court took the same view, holding that no coercion was exercised upon either party to the contract of hire. There are two principal parts- to the law — one a stringent habiUty law, and the other a compensation statute — and both parties are free to choose under which of them the employment is to stand. It is provided that in the absence of notice of rejection acceptance of the compensation system is presumed. It was said that it woxild huve been quite as competent for the legislature to have adopted other alternatives, but in its wisdom the particular choice made was the one adopted. "Really, the matter comes down to a question of presumption or burden of proof, which it is entirely within the con- trol of the legislature to regulate so long as the parties are left en- tirely free to make wh,atever contract they choose, as they are in this case. Wo are therefore of the opinion that, as against the objections taken, section 2 is constitutional." 88 WOBKMEN's compensation' laws — UNITED STATES. STATUS OF BENEFIT FUNDS. An objection was iirged against the constitutionality of the statute of Washington in its provision for the maintenance of a fund to be formed of premiums or contributions by employers, on the ground that this was a violation of the provisions of the constitution requir- ing equal and uniform taxation of property for public purposes. It was held that while the fund was a charge laid on persons engaged in the industries named, imposed by pubUc authority as are taxes, it was not in the meaning of the constitution a tax, as "no acquisi- tion to the pubUc revenue, general or local, is authorized or aimed at. It is to be used, not to meet the current expenses of government, but to recompense employees of the industries on whom the burden is imposed for injuries received by them while engaged in the pmsuit of their employment. It is the consideration which owners of the industries pay for the privilege of carrying them on. It is therefore in the nature of a hcense tax, and can be justified on the principle of law that justifies the imposition and collection of license taxes gen- erally." Cases were then cited showing the power of the legislature to levy such taxes in the State, the conclusion being reached that the sums might be considered as partaking of the nature of a hcense for both revenue and regulation, but in neither aspect was there any- thing inimical to either the State or Federal constitutions. The Montana statute was Hkewise compulsory in the matter of contributions to the general fund. It was held here that as the act in question was a scheme calculated to result to the pubUc welfare it was a proper corollary conclusion that the contributions to the fund were of the nature of a tax imposed for a pubhc purpose; or the procedure might be justified if the act aboUshed suits at law for personal injuries and death on the theory that the State had given a quid pro quo to the employer. The court concluded, however, that it was not required to accept either of these arguments, but that it was within the police power of the State to levy such an impost as an employment tax upon the occupation covered by the act. "It is not at all necessary to justify the imposition of such a tax that the business itself should particularly require police supervision, although as we have seen, extrahazardous enterprises may demand restraint and regulation. Such a tax may be imposed, either for regulation or revenue, or for both. Property and occupation are alike legitimate objects of taxation." A somewhat dififerent aspect of this question is involved in the Wisconsin statute, since while no general fund is maintained, com- pensation is compulsory as to the State and its municipahties. It follows therefore that public funds raised by taxation are used for the payment of the benefits contemplated by the act, and on this WOEKMEn's compensation laws — UNITED STATES. 89 ground the constitutionality of the law was challenged as compelling municipalities to levy taxes for other than pubhc purposes. As to this point the supreme coiart of the State said : We have not been quite able to perceive the force of this point, and we find no argument upon it in the brief. We shall only say that the manner in which the State or the public shall treat its workmen is peculiarly a matter for the legislature to determine. No one is compelled to work for the public, and, if he does, he takes the situa- tion on the terms which the pubhc gives. We know of no reason why the public, acting by its law-making power may not provide that its employees shall have as part of their compensation certain indemnities in case of accidental injm-y in the pubUc service. When the law does so provide, the raising of the funds to discharge those indemnities becomes plainly a proper public purpose. The Ohio supreme court likewise considered this question, the point being made that the law directed the State to use pubhc funds for private purposes, contributions to the insurance fund being made by both employers and employees, whUe the State itself assumed the expense of administration. The court in this case assumed that the ends in view were of a nature to justify the action of the State in its power to secure peace, safety, and the best interests of the Common- wealth, and quoted from the opinion of the Supreme Court in the case of Noble State Bank v. Haskell, (219 U. S. 104, 31 Sup. Ct. 186), in which the constitutionahty of a statute of Oklahoma, authorizing the estabhshment of a guarantee fund for deposits by a levy on the banks of the State, was under consideration. The quotation is as follows : The substance of the plaintiff's argument is that the assessment takes private property for private use without compensation. * * * Nevertheless, notwithstanding the logical form of the objection, there are more powerful considerations on the other side. In the first place it is established by a series of cases that an ulterior public advantage may justify a comparatively insignificant taking of private property for what, in its immediate purpose, is a private use. * * * It may be said in a general way that the pohce power extends to aU the great pubhc needs. It may be put forth in aid of what is sanc- tioned by usage or held by the prevaihng morahty or strong and pre- ponderant opmion to be greatly and immediately necessary to the pubhc welfare. The objection on this ground was therefore overruled. POLICE POWER. As to whether or not the acts under consideration properly fall within the pohce power of the State is a question to be answered accordiag to the views taken as to the scope and purpose of the laws themselves. With the exception of the New York court, the laws were regarded as tending to meet existing needs in a legitimate man- ner and as being within the pohce power of the State. The Supreme 90 WOEKMEn's COMPENSATIOlSf LAWS — tTNITED STAlES. Court of Ohio quoted with approval from the discussion of Prof. Freund in his work on the subject, as follows: "The term 'police power' has never been circumscribed. It means at the same time a power and function of Government, a system of rules, and an admin- istrative organization and force." Prof. Freund is further quoted as saying that a consideration of the subject "will reveal the police power not as a fixed quantity, but as the expression of social, economic, and poUtical conditions. As long as these conditions vary, the police power must continue to be elastic, i. e., capable of development." This court regarded the law in question as a proper exercise of the police power of the State in view of the objects to be gained by its enforcement. So also of the Washington court, which said: "In fine, when reduced to its ultimate and final analysis, the police power is the power to govern." The insurance law of the State having, as this court held, "a reasonable relation to the protection of the public health, morals, safety, or welfare, it is not to be set aside because it may incidentally deprive some person of his property without fault or take the property of one person to pay the obHgation of another." The Montana statute was opposed on the ground that it was not designed to prevent the evils growing out of and incident to the present system of actions for fault, because it does not abolish such actions. In passing the court remarked that if the act has a reason- able tendency to accomplish the desired result it ought to be upheld as within the poHce power. Aside from the humanitarian features of the law which provided prompt and certain relief for injured workmen, which might be regarded as a matter of private benefit, this opinion considered the view that the act might be fairly con- strued as an attempt to prevent persons injured in coal mines and their dependents from becoming public charges. Any measure which tends to minimize indigency of necessity raises the general standard of the people; any statute which has a tendency to reduce the present enormous expense of operating our courts would seem to be presumptively a proper exercise of the poUce power. * * * jjj Qyp judgment the general scheme of this act IS well within the pohce power of the State. If the people, represented by thejr legislature, are of opinion that the pubHc interests demand that industrial insurance ought to be substituted, in whole or in part, for actions for wrongs, this court certainly can not say that they are in error. Other opinions reached the same conclusions by practically the same arguments, the laws being regarded as calculated to serve the pubhc welfare. -The New York court, however, says: "We have tried to make it clear that in our judgment this statute is not a law of regulation. It contains not a single provision which can be said to make for the safety, health, or morals of the employees therein sped- ■WORKMEN ^S COMPENSATION LAWS — UNITED STATES. 91 fied, nor to impose upon the enumerated employers any duty or obli- gation designed to have that effect." The recent decisions by the Supreme Court reUed upon in other opinions as supporting the views adopted as to the police power (Noble State Bank v. Haskell, 219 U. S. 104, 31 Sup. Ct. 186; Assaria State Bank v. DoUey, 219 U. S. 121, 31 Sup. Ct. 189) were referred to, but of them it was said: "We can not recognize them as controUing of our construction of our own constitution." The Supreme Court of Washington (State v. Mountain Timber Co., 135 Pac. 645), called upon to reconsider its earlier decision on the constitutionality of the industrial insurance law of that State, had before it objections on the ground that the act violated article 4, section 4, of the Constitution of the United States, which guarantees for the State a republican form of government; that it violated the fourth amendment to the Constitution, which secures all persons against unreasonable searches and seizures of their persons and effects; that it violated the fifth and seventh amendments in depriving the plaintiff of property without due process of law, and for a public use without just compensation, and also without the right of trial by jury; and lastly, that it violated the fourteenth amendment in grant- ing privileges and immunities, and depriving the plaintiff of property without due process of law, and also depriving him of equal protection of the laws. The court recognized that not all these points had been considered in detail in the case. State ex rel. Davis-Smith Co. v. Clausen, but said, " When we say that we sustain a law by reference to the police power that might otherwise be in conflict with some provision of the Con- stitution, it would seem that every incident to that law, as well as all methods necessary to make it effective, are likewise exempted from the prescriptions and limitations of the Constitution. The legis- lature has adopted the idea of industrial insurance, and seen fit to make that idea a workable one by putting its execution, as well as its administrative features, in the hands of a commission." The court then cited a number of cases on the subject of the police power, quoting therefrom to show its development and application under the conditions. " Having in mind the sovereignty of the State, it would be folly to defime the term. To define is to hmit that which, in the nature of things, can not be limited, and which is rather to be adjusted to conditions touching the common welfare, when covered by legislative enactment. The police power is to the public what the law of necessity is to the individual. It is comprehended in the maxim, Salus populi suprema lex. It is not a rule; it is an evolu- tion," It was further said that "To hold the idea of industrial insurance to be constitutional, and to hold its incidents and machinery when 92 workmen's compensation laws — UNITED STATES. molded into law to be inoperative because of some constitutional limitation, would lead to absurd results." The court then xmani- mously upheld the judgment from which the appeal was taken, declaring that the power to provide for the execution and administra- tion of the law had been sustained in a previous decision, Davison V. Walla Walla (52 Wash. 453, 100 Pac. 981), and cases cited; that the constitutional provision as to the right to a trial by jury has no application in the State courts or to prosecutions for the violation of State laws, citing State v. McDowell (61 Wash. 398, 112 Pac. 521), and that the contention that the industrial insurance law is in viola- tion of a republican form of government needs no discussion, citing Pacific States Telephone & Telegraph Co. v. Oregon (223 U. S. 118, 32 Sup. Ct. 224) and Kieman v. Portland (223 U. S. 151, 32 Sup. Ct. 231). In their concluding paragraph the court said, "We recognize that this case is appealed to this court in order to bring it to the future attention of the Supreme Court of the United States," and concluded with citations of the decisions of the various courts sustaining com- pensation laws and other decisions bearing on points of law of like nature. PARTICULAR PROVISIONS OF THE LAWS. AHISING OUT OF AND IN THK CoUESE OF EMPLOYMENT. — ^A number of points presented by the phraseology of the laws, involving matters of less general effect, have been discussed in cases before the courts of last resort. Thus, in the case Bryant v. Fissell (86 Atl. 458), the Supreme Court of New Jersey considered the effect of the words "arisiag out of and in the course of employment" as limiting acci- dents to be compensated. In this case Bryant was a workman em- ployed by Fissell as a journeyman carpenter at work on a building on which an independent contractor was engaged in connection with the ironwork. Bryant's death was caused by the falling of a piece of metal upon him through the action of an employee of such other contractor, and Fissell claimed that the injury was not one that arose out of and in the course of his employment. The phrase is one that occurs in the British compensation law, and the court in construing it cited a number of English cases. Following these citations the court said: "We conclude, therefore, that an accident arises 'in the course of the employment' if it occurs while the employee is doing what a man so employed may reasonably do within the time during which he is employed and at a place where he may reasonably be during that time. That the findings of fact in the present cases justify the conclusion that the accident to Bryant occurred 'in the course of his employment is beyond dispute." Further discussions and citations referred to the meaning of the words "out of," after which the court said: "We conclude, therefore. WOKKMEN's compensation laws — UNITED STATES. 93 that an. accident arises 'out of the employment when it is something the risk of which might have been contemplated by a reasonable per- son, when entering the employment, as incident to it. * * * A risk is incidental to the employment when it belongs to or is con- nected with what a workman has to do in fulfilling his contract of service." This doctrine was later held to cover the case of a workman who was lolled while crossing railroad tracks on the way from the place of his employmient to the toilet customarily used by persons in his employer's service. (Zabriskie v. Erie R. Co., 88 Atl. 824.) The Supreme Court of Michigan construed as within this provision of the law of that State the action of a man who was fatally injured in an attempt to descend from a roof by means of a rope instead of the ladder provided for the purpose, when summoned to partake of a lunch provided by his employer. (Clem v. Chalmers Co., 144 N. W. 848.) A case involving this point came before the Supreme Judicial Court of Massachusetts (In re Employers' Liabihty Assurance Corporation, 102 N. E. 697), the court saying that the injury must rest upon both conditions. The claim was for a death caused by blows and kicks of a fellow workman who was "in an intoxicated frenzy of passion." It appeared that the habit of this workman to become intoxicated and his quarrelsome disposition were known to the em- ployers, and it was said that while "it may be that upon the facts here disclosed a Hability on the part of the defendant for neghgence at common law or under the employers' liability act might have arisen, this decision does not rest upon that ground, but upon the causal connection between the injury of the deceased and the con- ditions under which the defendant required him to work." As to the effect of the words "arising out of and in course of," the court said: "It is not easy nor necessary to the determination of the case at bar to give a comprehensive definition of these words which shall accurately include all cases embraced within the act and with pre- cision exclude those outside its terms. It is sufl&cient to say that an injury is received 'in the course of the employment when it comes while the workman is doing the duty which he is employed to per- form. It arises 'out of the employment, when there is apparent to the rational mind upon consideration of all the circumstances, a causal connection between the conditions under which the work is required to be performed and the resulting injury. Under this test, if the injury can be seen to have followed as a natural incident of the work and to have been contemplated by a realsonable person famiUar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises 'out of the employ- ment. But-it excludes an injury which can not fairly be traced to the employment as a contributing proximate cause and which comes from a hazard to which the workmen would have been equally exposed 94 workmen's compensation laws UNITED STATES. apart from the employment. The causative danger must be peculiar to the work and not common to the neighborhood. It must be inci- dental to the character of the business and not independent of the relation of master and servant. It need not have been foreseen or expected, but after the event it must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a rational consequence." Applying these principles to the case in hand, the court held that the injury of the deceased arose out of and in the course of his em- ployment, so that his beneficiaries were entitled to an award under the act. The same court held a workman tp have been ia the course of employment in a case in which a horse which he was driving ran away and killed him while on the way to a watering trough where he was to water the horse in accordance with instructions, even though he intended afterwards to ride on to his home to get diimer, which would not have been an act in the course of employment. (Pigeon v. Em- ployers' Liab. Assurance Corp., 102 N. E. 932.) Willful Misconduct. — ^Th"e Wisconsin statute provides for com- pensation to employees "where the injury is proximately caused by accident and is not so caused by willful misconduct." In a case (Nekoosa-Edwards Paper Co. v. Industrial Commission, 141 N. W. 1013) in which the State industrial commission had allowed compen- sation for the death of a workman, the company charged the claim- ant with intoxication and contested the award on the ground that the board had erred in finding that the deceased was not guilty of willful misconduct. The court held that while there was evidence that the deceased was slightly intoxicated, he was able to take care of him- self and drive his team when last seen ahve. It was conceded that if the court were authorized to review the evidence a different con- clusion might be reached, but within the limited field of their action under the statute this was not within their powers. "The industrial board has jurisdiction to decide whether or not the intoxication which caused the death or injury was willful, consequently it did not act in excess of its powers in deciding in the negative in the instant case." It was said that becoming intoxicated might be called wiUful misconduct, if one intentionally put himself into such a condition of intoxication that he would be unable by reason of his condition to care for his own safety or for the safety of others. A distinction was drawn between such intoxication as would be a misdemeanor under a statute prohibiting intoxication in a public place so as to disturb others or to jeopardize safety, and such intoxication as would be wiUful misconduct within the meaning of the compensation act. "The intoxication might under such circumstances be the prox- imate cause of an accident resulting in injury or death and yet not have reached that degree specified in this statute." There was a WOBKMEn's compensation laws UNITED STATES. 95 strong dissenting opinion, concurred in by three members of the court. Safe Place. — The duty of employers to provide a safe place for their workmen is affected by the compensation acts of some of the States, and the question of the effect of such provisions in the Wis- consin statute was considered in a case, Tallman v. Chippewa Sugar Co. (143 N. W. 1054). The law requires "such freedom from danger to the hfe, health, or safety of the employees or frequenters as the nature of the employment will reasonably permit." The court de- clared this to be a statutory rule which should receive a liberal con- struction in favor of life, health, and limb, but declined to attempt to determine the extent to which the statute added to the common law. In th.e case in band the injured man had sued for damages, and it was held that the presence of wet pulp on the floor of a beet-sugar factory was, if not a necessary, at least a usual incident of employment, so that the employer was not guilty of negligence in failing to keep the floor clear of wet pulp, so that no damages could be allowed. Another case that may be noted here is one that was brought under the Ohio statute in a Federal court, McWeeny v. The Standard Boiler & Plate Co. (charge to the jury furnished by the clerk of the court) . The compensation law of Ohio provides certain benefits for injuries, with the condition that if the employer has paid his premiums into the State insurance fund and otherwise complied with the law he shall not be liable in an action for injuries or death; but if injury arises through his willful act or the failure of himself oj^his agents to comply with the safety statutes of the State, then the employee may either take compensation under the law or sue for damages. In this case the workman had been injured by the falling of a derrick which he and other employees had complained of to their foreman as unsafe, but in spite of warnings the men had been ordered to continue its use without any repairs being made. In his charge to the jury the judge stated that if it appeared simply that the defendant failed to exercise ordinary care in reference to the derrick and the workmen, there could be no recovery in damages, as such case would come under the com- pensation law. If, however, the action should be such recklessness as to indicate utter disregard of the consequences which might probably follow, then the action of the foreman would be a wiUful act within the meaning of the law. The defendant company sought to have a charge given to the jury to the effect that the foreman must have done some act or acts "with the purpose and intention and direct object in view of infhcting injury upon the men, or some one or more of them," before there could be a charge of wilJful act. This instruction was refused, and on the instructions given the jury returned a verdict of damages for the plaintiff. 96 WOEKMEn's compensation' laws UNITED STATES. Liability of Third Persons. — In the case of Bryant v. Fissell (86 Atl. 458), ah-eady noticed, the negligence of the independent contractor whose employee caused the death by dropping the piece of metal on the workman below, was offered as a reason why Bryant's employer should not be held as the responsible party. The Supreme Court of New Jersey said on this point that when there has been an acceptance of the elective compensation system provided by the act, it is expressly stated that compensation shall be made by the employer without regard to his negligence. "The fact, if it be a fact, that the representative of the decedent has also a right of action against a third party in no Avise miHtates against the present action. The act under which this suit is brought, and which at best provides only for partial compensation, nowhere provides specifically or by implication that an employee shall be deprived of his right to com- pensation thereunder merely because the accident gives rise to a right of recovery against a third party." Another phase of this general question was discussed in a case arising under the law of Washington (Meese v. Northern Pacific Ky. Co., 206 Fed. 222). An action had been brought in the district coiu-t of the United States to recover from a railway company for an injury caused by the alleged negligence of its employees in moving cars in a brewery yard, causing a fatal injury to an em- ployee of the brewery. This action was in damages as against a third person. The compensation law of the State provides that aU claims against emplpyers for injuries to workmen shall be deter- mined in accordance with the provisions of this act, and civil suits for damages are aboHshed, with some exceptions. The statute provides that if an injury to a workman occurs away from the plant of his employer, and is due to the neghgence or wrong of a third person, action may be brought against the third person or a claim made under the compensation law, at the option of the injured workman or his survivors. In the case at hand the injiuy did not occur away from, but at the plant of his employer, and the court held that as the right of action for fatal injuries was entirely a statu- tory one, it was within the power of the legislature to make the pro- visions that it had, and that it was the evident intent to abolish private controversies and civil actions except as specifically pro- vided for, the case in hand not coming within the exception. Since, therefore, the provision of the law was thus clear, the remedy by a claim for compensation was held to be exclusive, and the action against the railway company was dismissed. Who are Employers. — The California compensationv law of 1911 was an elective statute requiring affirmative action on the part of the employer. Employers were defined as including the State and each county, city and coimty, city, etc., and the question arose in~ WOBKMEN's compensation laws — UNITED STATES. 97 the case of Miller v. PiUsbury (128 Pac. 327) as to the right of an employee of the State to secure compensation under the law. Miller's claim was based on the foregoing classification of the State and its mimicipaHties as employers under the law, and also on the conten- tion that while private employees had the option of rejecting the compensation system after their employers had elected it, there was no such option provided for employees of the State. The supreme court passing on the law as it then stood observed that no provision had been made for the State to make its election, if the law was elective as to it, nor was there any officer named to receive service of notices mentioned in the act, nor any machinery supplied whereby the services of the industrial accident board might be invoked by the State, nor anyone authorized to represent the State in requesting examinations of employees or the hearing of any con- troversy. The statute was therefore construed as simply setting up a law under which the State might at some time elect to place itself when suitable provisions therefor should be provided by legis- lation adapted to the purpose. The legislature of 1913 enacted a new law, compulsory in form, and providing the necessary machinery for the State to participate in its provisions. Actions and Parties. — The nature of the proceedings under compensation acts received consideration incidentally in a number of cases, necessarily chiefly of interest as construing the particular laws. Thus it was decided by the Supreme Court of New Jersey that the provisions of the law of that State that cases under the compensation act could be decided in the courts of common pleas in the county was not complied with by referring the case to the "court of small causes" (Parrow v. New York, S. & W. R. Co., 88 Atl. 825) . In Hoey v. Supe- rior Laundry Co. (88 Atl. 823), an award in favor of an infant was contested on two grounds, one, that the statutory presumption that any contract of hiring is made with reference to the provisions of the act in the absence of express provisions to the contrary could not be binding on a minor. The court held that the common-law disabiUty of a minor was properly cared for by the statute, and furthermore that infancy was a personal privilege to be taken advantage of by the infant himself, if desired, and that no other party was entitled to bring the matter into consideration. The provision of the statute that where there is a dispute over claims the matter may be referred by petition to the judge of the court of common pleas, with the necessary facts in the case, who shall proceed to hear and decide the matter in a summary manner, was held to have the same effect as the determination of an ordinary suit at law for damages. 22566°— S. Doc. 336, 63-2 T 98 WOKKMEn's compensation laws — UNITED STATES. Act in Effect. — In a case before the Supreme Court of New Jersey (Sexton V. Newark District Telegraph Co., 86 Atl. 451) the pomt was raised that the statute impaired the obHgation of a preexisting contract. The principal law was approved April 4, 1911, to take effect July 4 of the same year. On May 2, 1911, a supplemental law was approved providrug that all contracts of hiring then existing or made or implied prior to the time limit for the act to take effect should be presumed to continue after such date, but subject to the provisions of the principal statute unless notice to the contrary was given in prescribed form; the supplement was also to take effect on July 4. The contract of employment of the deceased workman in this case was made on May 23, 1911, and the court held that with the elective privilege extended in the law there was no interference with the contract, nor should the contract be classed as a preexisting one. Although the supplement provided that it should take effect on July 4, it made ample provision whereby either Sexton or the prose- cutor [employer], m entering into the contract of May 23, 1911, might prevent it from becoming subject to the provisions of section 2 [the compensation law], either by so providing in the contract itself, or by giving notice to that effect prior to the occurrence of an acci- dent, and that they did not do. * * * We think it may be fairly said that although the supplement did not become effective until July 4, 1911, it had a potential existence from the date of its approval, and that for a period of upwards of two months both employers and employees were put on notice of the presumption of the act and what it was necsesary for them to do ii it was desired that the presiunption shoidd not apply. Inasmuch as the accident causing the death occurred on the after- noon of the first day on which the act became effective, it was claimed that the giviag of notice of rejection was impossible, siace the pro- vision for terminating agreements called for a notice of 60 days prior to the occurrence of any accident. It was pointed out by the court, however, that the supplement only called for written notice prior to the accident; and as no such notice was given at any time, the contract necessarily operated under the provisions of the compen- sation law, which operation was solely due to the failure of the employer to give notice, as he might, of his unwillingness to accept its provisions. This question arose also ia a case under the Washington statute ia which contractors with the city of Seattle intervened in an action by the city to oppose the payment of premiums to the State insurance fund (State v. City of Seattle, 132 Pac. 45). The contracts in ques- tion were entered into after the passage of the act, but before it went into effect. The work was begun also before the law became operative, but not completed until after that time. It was contended that the WOKKMEN S COMPENSATION LAWS — UNITED STATES. 99 act violated the obligations of the contracts in question. As to this, however, the court held that the act being a vahd exercise of the police power of the State all contracts were subject to it, even though the effect of such legislation as might be enacted would be to render less valuable certain contracts between individuals or even to totally abrogate them. ' ' If the priaciple were not sound, the result would be that individuals and corporations could, by private contract between themselves, in anticipation of legislation, render of no avail the police regulations of the State, no matter how vital or necessary such regulations might prove to be for the pubUc good." Another point involved in this case was as to the method of col- lection of the premiums, the law providing for an advance payment to be "preliminarily collected upon the pay roU of the last precedir^ three months of operation." As a matter of fact no preliminary collection was made, the commission waiting until the completion of the work and collectiag on actual pay rolls during the period of the operation of the law. This the court held to be not in violation of the law, there being no waiver of the right to collect by failing to collect in advance of the actual work. Compensation. — ^The determination of the amotmt of compensa- tion was a question that arose in several cases. The law of New Jersey fixes a schedule of benefits for designated injuries, and pro- vides that other injuries shall be proportionately compensated. Under these provisions the supreme court reversed a judgment allowing more for a stiffened ankle than the schedule allowance for an amputation between the knee and the ankle, leaving for the trial judge to decide on reconsideration whether the award should equal such amount, or be less. (RaMec v. T)^ L. & W. E.. Co., 88 Atl. 953.). In the case of Nitram Co. v. Creagh (86 Atl. 435) an employee was injured by the crushing of certain fingers of his hand, causing a temporary total disability of approximately six months, and also a partial but permanent disabiUty due to the injury to the fingers. The law provides for compensation for total temporary dis- ability at a rate based on the injured employee's earnings, and, in another clause, for compensation in amounts determined on the basis of a percentage of the employee's wages payable for fixed periods of 'time for different specific injuries. Under the law of New Jersey, awards, if not otherwise agreed upon, are made by the judges of the courts of common pleas. In the case in hand the award for total disability for the term of its continuance was made, and in addition to this the award under the subsequent clause for permanent disa- biUty partial in character. To this the employer objected that compensation could be awarded only under a single clause, which 100 workmen's compensation laws UNITED STATES. contention the supreme court rejected, sustaining the principle of a combined 'award, one for total disability during its contiauance and one for the partial disability that remains after any degree of maiming. Much the same question was involved ia the case of George W. Hehne Co. V. Middlesex Common Pleas (87 Atl. 72), in which an injury involving several fingers was compensated for under provisions of the law which designate the amount to be paidfor each separate injury. The injury consisted ia the loss of parts of the second and fourth fingers and all of the third finger, and separate awards were made according to the schedule for each finger. It was claimed by the employer that as all three fingers were injured in the same accident, the time should run concurrently, so that duriag the first 15 weeks there would be a total computed compensation of $13.20, reduced to $10 per week by the maximum hmitation of the statute, while for the succeeding weeks duriag which any compensation was allowed there would be the concurrent operation of awards for the designated injuries. This contention was denied in the trial court and on appeal in the Supreme Court of New Jersey. On this point the court said: "The fallacy consists in regardiag these statutory awards for permanent-injury payments for the employee's time as though the disability were temporary only, whereas they are in reality a statutory method of ascertaining the damages by a specified multiple of the weekly wage, payable normally in weekly installments and reduced to present value if commuted to a lump sum." The award did not designate the order in which the weekly payments are to be made, and the supreme court suggested that it would be proper to direct that the principal injury should first be compensated for and the two minor injuries in succession there- after. It may be noted that the law of this State was this year amended so as to make benefit payments consecutive and not con- current, allowing first for the temporary total disabihty and sub- sequently for such payments as are awarded as compensation, for partial permanent disability. The law of this State provides for no benefits duriag the first two weeks' duration of a disability except medical and surgical attendance; it also fixes the compensation for the loss of an iadex finger at 50 per cent of the daily wages during 35 weeks. It was claimed in the case of James A. Banister Co. v. K!riger (85 Atl. 1027) that the effect of these two provisions was to require medical attendance, etc., for two weeks, this period to be deducted from the term of compensation payments. This contention the court rejected, saying: "This is not the language of the statute, and we think is not the intent of section 13. It is more probable that the intent of that section was to exclude allowance for compensation in the case of a temporary disability workmen's compensation laws UNITED STATES. 101 lasting less than two weeks except for medical and hospital services and medicines." The statute involved in this case provided that "the loss of the first phalange of the thumb or any finger shaU be considered to be equal to the loss of one-half of such thumb or finger, and compensa- tion shall be one-half the amounts above specified." It also pro- vided for a minimum benefit of $5 per week. The claimant's wages were but $8.50 per week, 60 per cent of which' would be less than $5, the prescribed minimum. The court held that the minimum pro- vision controlled, and awarded compensation at the rate of $5 per week for 35 weeks, to which the employer objected, claiming that the actual amount paid should be but half the amount that would have been paid for the loss of the entire finger. The court held, however, that the award had been properly made under the law and that the solution of the difficulty suggested by the employer's attor- neys, that the minimum rate per week might be paid but for one- half the number of weeks as for the loss of an entire finger, was held to be not in accordance with the terms of the law. It may be noted here also that an amendment of 1913 accepts the construction placed upon the act by the court as to the controlling effect of the provision for a minimum, but provides that for the loss of a single phalange the, payment shall be for one-half the number of weeks as for the whole finger. Another point involved in the foregoing case was as to the calcu- lation of lump-sum payments, the trial judge having simply multi- plied the weekly minimum by the number of weeks for which pay- ments were to be made. The supreme court ordered the calculation to be made so as to determine the present value of future payments as the basis of a cash settlement. The New Jersey statute provides for the award of a lump sum in lieu of periodical payments when such commutation is "in the interest of justice," but this is "to be allowed only when it clearly appears that some unusual circumstances warrant such a departure." Under this provision, and that requiring the conclusions of the trial judge to be iu writing and to contain a statement of the facts determined by him, it was held by the supreme com-t of the State (New York Shipbuilding Co. v. Buchanan, 87 Atl. 86) that a general award ■unsupported by specific findings of fact did not afford a legal basis for a lump-sum payment. Similar defects appeared in Long v. Bergen Coimty Court of Com- mon Pleas (86 Atl. 529), since the trial judge merely stated that the facts. in the petition were true, that the claimant was permanently partially disabled, and that his damages were assessed at a named fixed sum. This was held by the supreme court to come short of the 102 WOBKMEn's compensation laws — ^UNITED STATES. requiremsnts of the statute, since it offered nothing as a basis of con- sideration by the reviewing court and did not state the award in the terms of admeasurement prescribed by the act. Under the Wisconsin statute benefits are payable for partial dis- ability at the rate of 65 per cent of the weekly loss of wages during the period of such partial disability. This weekly loss of wages is to be computed so as to fairly represent the "proportionate extent of the impairment of his earning capacity in the employment in which he was working at the time of the accident/' to be determined in view of the nature and extent of the injury. In the case Mellen Lumber Co. v. Industrial Commission of Wisconsin (142 N. W. 187), a shingle sawyer employed by the company lost by accident the thumb and index finger of his left hand, totally incapacitating him from again foUowiug the occupation of shingle sawyer. It was held that the act warranted a payment as for a total disability without deductions for the recognized fact that at some occupations the injm-ed man might be employed at a lower rate of earnuigs, the con- clusion being based on the provision of the law that his earning capacity in the employment in which he was working at the time of the accident was terminated. The court admitted that it was not very probable that it was intended to give an injured employee who lost a thumb and finger the same compensation as if he had been totally incapacitated for any kind of work, but held that the remedy was with the legislature and not with the court. The amending statute of 1913 adopts a schedule of compensation for specified maim in gs, so that the award becomes proportional to the injury and the difficulty in the foregoing case can not recur. The determination of benefits payable to survivors of deceased employees was the subject of several cases arising under the New Jersey statute, which in its original form did not make a clear pro- vision for the various classes of survivors. Thus in the case of a dependent mother where the deceased employee left no widow (Blanz V. Erie E. Co., 85 Atl. 1030), it was held by a judge of the common pleas that the failure to make a specific provision for a case of this kind left applicable only that section of the law which allows benefits in the amount of $200 in cases in which there are no de- pendents surviving. The mother appealed, and the supreme court took the view that the object of the law was clearly to award compensation to actual dependents, and while it made no specific stipulation for a mother alone, it contained no language expressly excluding her if there is no widow, provided, of course, that she is an actual dependent. The basis of compensation was found in the provision that if there should be a widow alone the award would be 25 per cent of the workman's wages, and if a widow and father or mother, 50 per cent. It was workmen's compensation laws — UNITED STATES. 103 therefore decided that the legislature intended to allow compensation in the amount of 25 per cent where there was a mother alone or a father alone, and the record was returned to the court below for further proceedings in accordance with this conclusion. The circumstances and conclusion are identical in the case Quinlan V. Barber Asphalt Paving Co. (87 Atl. 127) and the case McFarland V. Central R. Co. (87 Atl. 144), except that in the Quinlan case there were brothers and sisters of the deceased who were not, however, dependent. In the case Tischman v. Central R. Co. of New Jersey (87 Atl. 144) the judge of the court of common pleas had allowed 60 per cent of decedent's wages in a case in which there was no widow, but both parents survived and were dependent. This allowance was held by the supreme court to be excessive, and was reduced to 25 per cent on the basis of the reasoning in the Blanz case. On this point also the law has been amended so as to make specific provision for dependents of the various classes. In the case Boyd v. Pratt (130 Pac. 371) the construction of the Washington statute as to the duration of benefit payments where the deceased employee was a minor on whose earnings his mother was dependent was the question before the court. The deceased was 19 years of age, and on the occurrence of his death by accident an order was made providing for payments to his dependent mother until such time as he would have arrived at the age of 21 years. From this order of the industrial insurance department an appeal was taken to the court, where the order of the department was reversed and a new order entered allowing monthly payments as long as dependency should continue. The statute in question provides that dependents shall receive during dependency 50 per cent of the average monthly support received during the preceding 12 months, but not in excess of $20 per month. It also provides that in the case of the death of unmarried minors their parents shall receive $20 per month for each month after the death until the time at which the deceased would have arrived at the age of 21 years. The Supreme Court of Washington construed the latter clause as being based on the parents' right to the earnings of a minor and not involving the question of dependence. Where, however, there was actual depend- ence, as in the case in hand, the question of minority was not con- trolling, and the case would come under the general provision relating ■ to dependence. The judgment of the lower court was therefore aflSrmed. Still another phase of the question of the computation of benefits was considered by the Supreme Judicial Court of Massachusetts in a case, Gillen v. Ocean Accident and Guarantee Corporation (102 N. E. 346). In this case the claimant was a longshoreman employed by a company which was insured with the insurance corporation named. 104 WOBKMEn's compensation laws UNITED STATES. His employment being irregular, the question arose as to the amount of compensation payable under the Massachusetts law, the basis provided by the statute being the average weekly wages, for the determination of which various methods are indicated. Owing to the circumstances of the company's business, Gillen while working for it received not more than $8 weekly, while in employments at other jobs his average earnings were $13 per week, which was the average weekly wage earned by other longshoremen in the same class of employment and in the same district. Benefits payable being 50 per cent of the average wages, the insurance company contended that they were liable only to the amount of $4 per week, whUe the plain- tiff GUlen claimed $6.50 per week as being one-half his average weekly earnings as longshoreman from all sources. The latter view was the one adopted by the lower court and sustained by the supreme judicial court, this court holding that the law does not restrict consideration of what constitutes weekly wages to a single employer, but took into consideration the custom of the employment and had regard for aU the wages which the employee received. It was held that this was a case where the condition of the workman is one of continuous labor in regular employment with different employers. "The loss of his capacity to earn, as demonstrated by his conduct in such regular employment, is the basis upon which his compensation should be based." The question of the expense of medical and surgical services was involved in the case City of Milwaukee v. Miller (144^. W. 188). The statute of Wisconsin provides that such medical and sm-gical treat- ment, supplies, etc., as may be reasonably required during the first 90 days of disability shall be provided by the employer. In case of his neglect or refusal seasonably to do so, he is to be liable for the reasonable expense incurred by the employee in securing such treat- ment for himself. This was held by the supreme court not to war- rant the allowance of a claim for services rendered by a physician employed by the claimant. Miller, who gave no notice to the city of his desire for medical attendance, and continued the employment of his physician after the city had voluntarily offered the services of a competent physician. The time during which the claimant could properly employ a physician was held to be limited to such reason- able time as necessarily intervened between his injury and reasonable opportunity, after due notice, for the city to exercise its privi- lege of furnishing a physician. The injury was a comparatively slight one, and the industrial conamission had regarded the charges as quite large, but accepted the attending physician's evidence as con- trolling in the matter, on accoimt of his greater experience as com- pared with the city's physician, who had testified that practically one- fourth the amount of the claim would have been adequate as the "WOBKMEN's compensation laws — UNITED STATES. 105 cost of medical attendance. As to balancing the evidence in such a case the court said that where there were great doubts as to the amount, and the truth of the matter rested solely on the word of the interested party, opposed by the evidence of a competent witness who had little or no interest in the result, there should be much hesitation and generally a refusal to decide the matter whoUy against the defendant, adding that one who, by reason of special knowledge, might be competent to give opinion evidence might deal in such exaggerations, especially when they favor his selfish interests, as in this case, as to render his evidence of httle or no value; it was also said that it did not devolve upon the city to exercise active vigilance to discover the necessities of injured employees, since the language, "neglect or refusal seasonably to do so," was held to neces- sarily imply that reasonable notice should be given of the employee's needs and of his desire for treatment. It was held, therefore, that the act did not authorize the payment of medical and sm-gical costs incurred under the circumstances, and the compensation awarded was confirmed only as to the actual com- pensation benefits approved by the industrial commission, plus the cost of bandages and supplies. The effect of deferring consent to a serious surgical operation was considered in a case (Jendrus v. Detroit Steel Products Co., 144 N. W. 563). The Michigan statute provides for medical treatment to be furnished by the employer, and the physician employed in this case urged an immediate operation as offering the only opportunity for saving the injured man's life. Assent was refused at first, but given the next day. The injury was to the intestines, and peritonitis had set in at the time the advice to operate was first given. Vomiting followed, becoming fecal in its nature. Pneumonia next devel- oped, caused, as claimed by all the siirgeons who testified, by the entrance into the lungs of this fecal matter. The operation was apparently followed by a measure of favorable results, but death ensued in a few days, chiefly due to the pneumonia. Under these circumstances the employer contended that the action of the injured man in delaying the operation was so unreasonable and persistent as to defeat the claim to compensation made by his widow. In affirming an award of the arbitration committeey ap- proved by the industrial accident board, the court took into consid- eration the fact that the injured man was a foreigner, little able to understand what was being said, in great pain, and unacquainted with his surroundings, and decided that it could not be held, as a matter of law, either that the conduct of Jendrus was so unreason- able and persistent as to defeat the claim for compensation by his widow, or that in his delay in assenting to the operation he was guilty of intentional and willful misconduct. 106 workmen's compensation laws — tWITED STATES. Dependence. — It follows from the decision in the case of Blanz v. Erie R. Co., already noted, that where dependence is actual and the law clearly contemplates compensation to actual dependents, specific statutory provision is not necessary. In another case before the same court (Miller v. Public Service R. Co., 85 Atl. 1030), the question arose under the law of New Jersey as to the amoimt payable in a case where the decedent left a childless widow and a father, brothers, and a sister. As already noted, the widow was entitled under the law to a benefit of 25 per cent of her deceased husband's wages, while if there was also a dependent parent, the compensation would be 50 per cent. The court below made an award of 50 per cent of the deceased workman's wages on the ground that besides a childless widow there was a father surviving. This ruling was held by the Supreme Court of New Jersey to be erroneous, the mere fact of relationship not being controlling, but a showing of actual depend- ence. So under the law of Rhode Island, where a eon had lived mth his father and contributed to the family earnings, compensation for dependence was not allowed on a showing that after the son's death the family was supported by the father's earnings, with a margin of weekly savings. (Dazy v. Apponaug Co., 89 Atl. 160.) In another case (Reardon v. P. & R. R. Co., 88 Atl. 970), the em- ployer contested an award imder the law of New Jersey for the death of an unmarried workman. The court held, however, that since the father had been dependent on his son's earnings an award in his behalf was vaUd. Another case before the Supreme Court of New Jersey (Batista v. West Jersey & S. R. Co., 88 Atl. 954) resulted in reversing a judgment which awarded compensation to a widow who had been abandoned some years before her husband's death, the latter having lived imlawfully with another woman whom he had supported and who had borne him children. ' The question of dependence was also involved m. a case arising under the Wisconsin statute (Northwestern Iron Co. v. Industrial Conmiission of Wisconsin, 142 N. W. 271.) In this case the benefi- ciary was a nonresident alien, widow of the deceased workman. The deceased workman had made two remittances to his wife during the time of his employment, at intervals of three months, having made the statement that if he did not send money every three months, his wife could not make a living. On the facts the industrial commission ruled that the husband and wife were living together within the meaning of the statute, and that she was therefore an actual depend- ent entitled to the benefits provided by the law for such persons. The employing company appealed from this ruling and it was set aside by the circuit court as being in excess of the powers of a com- mission and contrary to the facts. The supreme court considered the language of the law which provides for a conclusive presumption WOBKMEn's compensation laws — UNITED STATES. 107 of the dependence of a wife upon a husband with whom she is living at the time of his death. Speaking on this point, the court said: "Proof of total dependency is dispensed with under the statute where the husband and wife are 'living together ' at the time of the death of the injured employee. It seems, therefore, quite obvious that the legislature intended by the use of the words to include all cases where there is no legal or actual severance of the marital relation, though there may be physical separation of the parties by time and distance. The 'living together' contemplated by the statute, we think, was intended to cover cases where no break in the marriage relation existed and therefore physical dwelling together is not necessary, in order to bring the parties within the words 'living together'." The judgment of the circuit court was therefore reversed and the award of the industrial commission directed affirmed. The Massachusetts law declares a presumption in favor of the dependence of the widow of a deceased workman and of "a child or children under the age of 18 years * * * upon the parent with whom he is or they are living at the time of the death of such parent, there being no stuviving dependent parent." Under this provision of the act it was held that a divided award to a widow and to a child under 18 yiears of age residing with her was not in accordance with the terms of the law, since the child would be-a beneficiary only in case there was no surviving dependent parent, the widow in the present instance being entitled to the entire amount of the benefits (In re Employer's Liability Assurance Corporation, 102 N. E. 697). Another case under the law of Massachusetts (Coakley v. Coakley, 102 N. E. 930) involved the correlative rights of a dependent daughter of a deceased workman and his widow and children by a second marriage. It was held that the daughter was entirely or- phaned and a dependent to share equally with the widow, even though there were also dependent children of the deceased dependent on her, the widow and the orphaned daughter representing a case in which "there is more than one person wholly dependent," between whom the law provides that the death benefit should be equally divided. Scope of Laws. — The effect of the compensation law of New Jersey on contracts entered into in another State but performed within the boundaries of the former State was considered in a case that was before the appellate division of the Supreme Court of New York (Pensabene v. F. & J. Auditore Co., 140 N. Y. Supp. 266). The company was a New York corporation with power to conduct its business in any of the States, "but always subject to the laws thereof." The business of the company was that of loading and unloading vessels in the harbor in and aroimd the city of New York, and in the case in hand work was being done within the limits of the State of 108 workmen's compensation laws UNITED STATES. New Jersey. The injury was a fatal one and action was brought by the administrator to recover under the provisions of the workmen's compensation law of New Jersey. The court held that the law applied only where a contract of hire was made in the State itself. The contention was made that the New York court had jurisdiction on the theory that a foreign law not contrary to the public policy of the State or to abstract justice or piu-e morals, or calculated to injure the State or its citizens, should be recognized and enforced in the State of New York if its courts had jurisdiction of the necessary par- ties, and procedure could be had consistently with the forms of law of the State. Conceding this rule to be of application in the proper circumstances, the court held that there was in the State of New York no valid statute "which in any manner resembles the New Jersey act here under consideration." Considering the case as it stood, the court ruled that "the plaintiff would have no cause of action under the same or substantially the same state of facts, and upon the theory which he presents, were the entire transaction confined to the State of New York, and it is not the province of the courts of this State to take jurisdiction to enforce the special policy of the State of New Jersey, and the act in question is, under the doc- trine of the Ives case [Ives v. South Buffalo E,. Co., 201 N. Y. 271, holding the compidsory law of New York imconstitutional], open to objections of attempting to take property without due process of law, both under the constitution of this State, and the fourteenth amend- ment of the Constitution of the United States." The question of extraterritorial jurisdiction was before the Supreme Judicial Court of Massachusetts in the case. In re American Mutual Liability Insurance Co. (102 N. E. 693). In this case the parties in interest were residents of the State of Massachusetts and had accepted the provisions of the compensation law of the State. The death, however, occurred while the workman was rendering service to his employer in the State of New York, his employment occasionally leading him to service in that State and in other States. The indus- trial accident board of the State fonnd that the insurance company had been paid by the employer for insuring all injuries received by its employees in the course of their employment, whether within or without the Commonwealth. The supreme court, however, declined to accept this fact as binding, and held that the scope of the law itself must determine, and from a consideration of all its terms it was decided that the law had no effect as to injuries outside the State and that the company was not liable in the case in hand. The^ question arose as to the application of the statute of Wash- ington to the case of a seaman injured while employed in interstate commerce. Owing to diversity of citizenship, action was brought in "WOEKMEn's compensation laws UNITED STATES. 109 a district court of the United States, the plaintiff suing to recover damages in an action at law (Stoll v. Pacific Coast S. S. Co., 205 Fed. 169). The company raised the point that the employment in which the plaintiff was engaged was covered by the compensation statute of the State. The plaintiBE objected, claiming that he had a right to have his case decided in a United States court on account of the di- versity of citizenship. To this the court replied that that might be true if the right of action remained, but that the compensation law of the State had abolished suits for damages as against employers. Another contention was that the law was not applicable to employ- ment in interstate commerce. On this point the act provides that its provisions "shall apply to employers and workmen engaged in intra- state and also interstate or foreign commerce, for whom a rule or lia- bility or method of compensation has been or may be established by the Congress of the United States only to the extent that their mutual connection with intrastate work may and shall be clearly separable and distinguishable from interstate or foreign commerce." The court held that taking the law as it stood in all its points it was in- tended to legislate for all persons engaged in the extrahazardous em- ployments enumerated in the act, and that Congress having in no way legislated in the particular premises, the State had the right to enact laws incidentally affecting such commerce. It was held, there- fore, that any right of recovery which the plaintiff might have would be by way of a claim under the compensation law of the State. In another case arising in the same State (Peet v. Mills, 136 Pac. 685) a railway employee sought to hold the president of a railway company personally liable for his injuries, claiming that though actions against the employing company were abrogated, the presi- dent could be sued on an individual liabihty. This the court denied, emphasizing its ruling as to the constitutionality of the law given in the case State v. Clausen (65 Wash. 156, 117 Pac. 1101), and declaring the new remedy to be exclusive. A provision of the same statute permitting employees to sue an employer who is delinquent in premium payments was held not to warrant such a suit where the delinquent employer makes good his shortage within the period allowed by the rules of the State insurance commission for such pay- ments after notice of delinquency. (Barrett v. Grays Harbor Com- mercial Co., 209 Fed. 95.) Various other points of minor importance, involving procedure and the powers of the different boards under their specific limita- tions, were discussed in a number of cases. It has already appeared that the final form for legislation of this class has not been arrived at, cases having been ciied in which the construction of .the courts was subsequently adopted in amendatory legislation. This agrees 110 workmen's compensation laws — UNITED STATES. with, the remark of the court in the case Nitram Co. v. Creagh, supra, in which it was contended that an absurd result would foUow from the construction put upon the law by the court. In aflLimiing the judgment of the court below the court said that both the language and the spirit of the act apparently favor the construction put upon it by the trial judge; "if the act works unscientifically, absurdly, or unjustly, that is for the legislature to correct." So also the Washington supreme court in the case Davis-Smith v. Qausen held that the mere wisdom of a statute was a question which the courts would be slow to inquire into, and if the administration of a law was unduly costly or cumbersome it was for the legislature to make the proper changes in the light of practice. In accordance with such views, both as worked out by the courts and as arising from the experience under the laws, it may be confidently expected that satisfactory, systems of compensation will be developed, cer- tainly corresponding far more closely to the present-day needs than does the system of employers' liability or negligence. EXPERIENCE UNDER THE ACTS. Reference to the chart facing page 48 will disclose the date on which each of the laws on this subject came into effect, and it is apparent that no large amount of experience has been had under them up to the present time. Also in only a few States is there any central office to which reports must be made, so that statistical data can not be expected in a number of cases. There is at hand, however, a sufficient amount of material to indicate something of the scope and results of the laws in operation, and this material will be taken up for each State in alphabetical order, omitting, of course, those States for which no information is available. CALIFORNIA. The law of California contained a provision for an industrial acci- dent board to which disputes were to be referred, and which was charged with general powers in connection with the administration of the law, its decisions being subject to appeal to courts. It was not required that aU accidents or settlements be reported to this board, so that no statistics are available. The board has furnished, however, a number of rulings and tentative suggestions as to the application of the law. These are of less value at the present time on account of the enactment of an entirely new law by the legis- lature of 1913, in accordance with the authority granted by an amendment to the constitution authorizing a compulsory system. The name of the administrative board is changed to industrial acci- dent co m mission, and its powers are considerably enlarged. WOEKMEN S COMPENSATION LAWS — UNITED STATES. Ill MARYLAND. The compensation law of Maryland enacted in 1912 can hardly be described as any more than a law permitting insurance on com- pliance with certain conditions, after which the employer is to be relieved from his liability in actions at law. The law provides for an elective system, and in the month of July, 1913, it was reported that no employer had come withra the act, since during its passage through the legislature the bill was so amended as to depart from its original purpose and "to become unworkable in practice." A commission appointed by the governor is charged with the prepa- ration of a bUl on this subject to be submitted to the State legis- lature in 1914. MASSACHUSETTS. The law of Massachusetts came into effect July 1, 1912, so that the first year of operations thereunder has been completed at the date of this publication. Statistical data, however, are not yet available for the full period, though a bulletin of the date of Feb- ruary, 1913, makes a tentative report for the first four months of operations. The act is elective as to compensation features but requires the reporting of accidents from all employers, and it was estimated by the industrial board charged with the administration of the act that between 60 and 70 per cent of the employers in the State are now insured under the statute. While exact knowledge of the number of employees covered by the system would not be available before the end of the first year, 500,000 was named as a safe minimum. While it was recognized that certain Summaries and comparisons would be impossible until a full year had been completed, the board decided to attempt to secure exact figures showing the experience of four months for a variety of occupations collected to represent the principal industries of the State, includ- ing not less than 25,000 employees. Data were secured for 25,803 employees. Under this act insurance may be carried in an approved insurance company or in the Massachusetts Employees' Insurance Associa- ,tion. Most of the companies whose employees are included in the number under consideration were insured in regular companies at the regular schedule rate. An urban railroad was insured in the employees' insurance association at the premium charge of $1.50 per $100 of pay roll, or about 22 per cent of the regular stock-com- pany premium rate of $6.75 per $100 of pay roll. The accident rate for the four months und-er consideration was unusually heavy for this company and absorbed 63.4 per cent of the premiums actu- ally charged, amounting to $41,495.13. If the regular stock com- pany's premiums had been collected, it would have amounted to 112 workmen's compensation laws UNITED STATES. $180,037, of which but 14 per cent would have been required to meet the compensation demands. The following table gives, by establishments, the total number of employees imder consideration, the number of accidents, and the per cent of employees injured by accidents, the premiums and benefits paid, etc.: ACCIDENTS, PREMIUMS, AND COMPENSATION PAYMENTS TO 25,803 EMPLOYEES, UNDER THE MASSACHUSETTS COMPENSATION LAW, FOR FOUR MONTHS, JULY 1 TO OCTOBER 31, 1912. Name of company. Num- ber of em- ploy- Wages paid. Num- ber. Accidents. Per cent of em- ploy- Premiums. Amount. Per cent of pay roll. Compensation payments. Amount. Per cent of pre- mi- ums. Amoimt paid in for eacb SI of compen- sation. Walworth Manufacturing Co Pacific Mills Moimt Tom Sulphite Pulp Co Dennison Manufacturing Co Edison Electric lUuminat- rng Co Boston Elevated Railway Co Fred T. Ley &Co Rice& Hutchins 1,153 6,062 172 2,023 1,500 1,300 3,749 J291,606.61 932, 152. 00 45,135.21 413,632.50 490,227.65 2,667,216.78 255,000.00 689,094.43 241 14 36 107 945 97 45 32.0 3.9 8.0 1.7 7.1 9.5 7.4 1.2 $3, 406. 66 8,971.66 1,137.46 3,737.50 9,000.00 41,495.13 8,000.00 5,226.76 1.16 .90 2.50 .90 1. L50 3.10 .75 $550.50 1,031.64 76.70 339.94 4,254.83 26, 336. M 5,429.24 560. 14 16.00 11.40 6.70 9.00 47.20 63.40 67.80 10.71 $529.71 903.56 588.00 1,216.78 115.21 101.27 46.96 1,230.21 Reference to the foregoing table discloses that of the amount paid in premiums, percentages ranging from 67.8 to 6.7 were required to meet the compensation payments for the period. These payments included not only compensation for time lost but also medical and hospital bills. As already indicated, the premium rates charged are in accordance with a schedule submitted to the State insurance department by the companies admitted to operate within the State, the rates becoming effective only after approval by such department. A meeting of representatives of the insurance companies held the last of January, 1913, unanimously recommended an average reduction of 25 per cent from the existing rates by manual classifications, sub- ject to the approval of the insurance department. It was estimated that this would effect a saving of over $750,000 to the employers in Massachusetts. An important subject within the scope of the action of the indus- trial accident board Ls that of considering accidents reported, to- gether with their causes and the possibility of prevention, and the board finds that while "many employers have been aroused to the necessity for the installation of safety devices and the prevention of accidents," there is a conflict of interests in the competition of stock insurance companies. Thus one company will urge employers in- WORKMEN S COMPENSATION LAWS^-tTNITED STATES. 113 sured with it to install safety devices, while a competing company will offer to accept the risk without requiring such installation. The board, therefore, recommended that it be given authority to recom- mend and cause the adoption of necessary safety devices. Such action seems, however, not to have been taken up to the present time. According to the original purpose of the framers of the Massachu- setts law, the Massachusetts Employees' Insurance Association was to have a monopoly of insurance under the act, but it was changed to give employers the right to insure either in this or any other Ha- bility company authorized to write business in the State. This com- pany, therefore, writes only a portion of the business of this class, but it writes no other form, so that all items relate to the insurance of compensation risks. The company is mutual in form, was incor- porated January 1, 1912, and commenced business July 1 of the same year. A report of its operations for the first six months is contained in the report of the insurance commissioner of Massachu- setts for the year 1912, and its principal features are reproduced in the following table: EEPORT OF THE MASSACHUSETTS EMPEOYEES' INSURANCE ASSOCIATION, JULY 1 TO DECEMBER 31, 1912. Income. Disbursements. Npt pr«"li>1Tns ■wrif.t.p.n J619,257 5,950 Losses paid $22, 759 Investigation and admstmentof claims. Salaries, etc., of employees 2,866 21, 763 Inspections, otier than medical and cmims 2,307 5,157 1,750 2 449 Rents, printing, and stationery Furniture and fixtures 5,868 Total 64,907 Balance . . 660,300 Total Total 625,207 625,207 Assets. Liabilities. Conds (book value) t463,949 70,036 2,769 23,546 3,210 801 T.osRAP a"'1 bairns $69 825 357,938 1,254 Taxes due or accrued..^ 7,392 Total . Market value of bonds above book value Gross assets 564,311 386 436,409 127,616 Total liabilities 563,925 663,925 It must be kept in mind that the foregoing data represent business operations for the first six months, and certain expenses, as printing, stationery, furniture, and fixtures, are doubtless disproportionately large, as they involve the inauguration of business. The current relations of income and disbursements would not be fixed in the 22566°— S. Doc. 336, 63-2 8 114 workmen's compensation- laws UNITED STATES. short period covered, as claims could be received and considered' only after the lapse of some time. Thus, while losses paid amounted to but $22,759 — only $1,006 in excess of the salaries, etc., of officers and office employees — the UabiUties show $69,825 losses and claims in addition. The total premiums written during the year amoimted to $619,809, of which the svun of $1,348 was reported as expired and canceled, leaving $618,461 in force at the end of the year. Of this amount, $357,938 are reported as unearned premiums, the difference between this sum and the net premiums written being $261,319. Coimting as administration expenses all disbursements other than losses paid, the amounts expended on this account would total $42,148, or 16.1 per cent of the premiums earned, and 6.8 per cent of the net premiums written. Investigation and adjustment amounted to 12.6 per cent of the sum paid out for losses, but as payments on many of the claims determined will continue without proportionate added cost for those objects, it can not be said that this will be the relation between those two items. MICfflGAN. The Industrial Accident Board of Mchigan receives reports of aH accidents which result in disabiUty continuing for more than one fuU . working day. The bulletin of the board reports for the period of the operation of the act, from September 1, 1912, to June 1, 1913, a total of 14,088 accidents, of which 306 were fatal, 1,526 involved amputa- tions, and 5,188 others were classed as major, leaving 7,068 classed as minor accidents. No attempt is made in the bulletin to give an account of the amoimt of compensation. The act is an elective one, and the number of employers operating under the act as of Jime 1, 1913, is reported as 8,326, having 434,109 employees. Of this number, 651 employers and 8,363 employees came under the act during the month of May. The employees are classified as to division of industry ia eight groups, as follows: Manu- facturing, 240,239; transportation, 42,462; pubHc utilities, 5,260; realty and management, 5,785 ; mining, 40,460; merchandising, 40,028; publishing, 7,761; and construction, 60,083. The total number of employees given does not include those engaged in the service of the public, who are automatically brought within the operations of the act and who, if classified, would increase the total to nearly 550,000. The law of this State permits four options as to the method of carrying the risk by employers. Thus employers may insxire in stock companies, may become members of a State insurance com- mittee, may form mutual insurance companies, or may, if able to satisfy the board of their ability to meet the demands likely to be placed upon them by the law, carry the risks themselves. According workmen's compensation laws — UNITED STATES. 115 to the bulletin above quoted the number of employers insured in stock companies was 7,320, those insured in the State insurance department were 273 in munber, those in mutual insurance companies 180, while 553 were carrying their own risks. The agreements executed under the law up to the date of the report were 7,946. Disputes \mder this act are settled by arbitration, a member of the industrial accident board acting as chairman. Diuing the first six months 93 applications were filed for arbitration pro- ceedings, 57 being heard and 11 dismissed; in 49 cases awards were granted, and in 8 they were refused, 25 cases being pending at the date of the report. These proceedings ia arbitration cost the State $888.02. The nxunber of applications filed by employees was 88, only 5 being filed by the employers. NEW JERSEY. Under the New Jersey law an election may be made to accept the compensation system provided in section 2 of the act, or employers may remain outside this provision and operate imder the provisions of section 1 of the same law, which allows for suits for damages with certain common law defenses abrogated. An employers' habihty commission was created ia 1911 to observe the operations of the act, and employers were ordered to report to this commission accidents occurring in their establishments, with certain facts relating thereto, and to report any compensation paid under the act. The compensa- tion law came into effect July 4, 1911, and the commission made a report in January, 1913, covering the fiscal year November 1, 1911, to October 31, 1912. According to this report, 6,635 acci- dents were reported to the commission, of which 6,271, or 94.5 per cent, occurred to persons under the compensation system, leaving but 364, or 5.5 per cent of the total as possible claimants under the liability law. The statute provides for medical aid during the first two weeks not exceeding $100 in value. Of the accidents reported, 2,365 were classed as trivial and not requiring medical aid; the average cost of medical aid for cases of less than two weeks' duration was $4.04, while for cases receiving compensation the average cost of medical aid was $21.17. Of the 4,300 cases requiring medical aid, such aid was suppHed in 3,691 cases, or 85.8 per cent of the total, leaving 609 cases, or 14.2 per cent, in which such aid was not received, though the injured persons were legally entitled thereto.- Of the number of cases reported, 2,303 were entitled to compensation and 2,139, or 92.9 per cent of the total, were reported as receiving such compensation, while 164, or 7.1 per cent, did not receive it; 445, or 19.3 per cent, received compensation not in agreement with the terms of the act. 116 workmen's compensation laws UNITED STATES. Of the fatal cases for which, accounts were closed, 91 involved dependents, and in 87 such cases compensation was due, though it was paid in but 78 cases. In 13 cases burial expenses not required by the statute were voluntarily paid at an average cost of $166.92. Of the 78 cases ia which compensation was paid 35 received commu- tations to lump-sum payments, while in 43 the payments were made weekly. The amounts of payments were calculated for 37 of the foregoing cases, the average weekly payment being $6.97. The total number of dependents in these cases was 74, the average payment per week for each dependent was $2.54, and the total payments at the end of 300 weeks were computed to average $2,091. In 46 fatal cases there were no dependents, and in 43 of these burial expenses were required by the law. The number in which such expenses were actually met was 37, the average cost being $135.30. While the percentage of persons receiving compensation is much larger under the compensation law than under the old liability system, the commission felt the necessity of some plan being devised for guar- anteeing payments when due, but was unable with their present expe- rience to make any recommendation. It was shown, however, that as compared with conditions under the liability laws of New York the law of New Jersey presented great advantages to employees under it. Thus of 103 fatal accidents occurring in Erie County, N. Y., 78 per cent of the dependent families received no substantial support, the compensation ranging from nothing (received by 37 per cent of the cases) to $500. Under the New Jersey law beneficiaries would have received at the end of 300 weeks $2,091 if weekly payments were received, while for commuted cas^s the amount averaged $1,258, and 89 per cent of all the cases received these substantial benefits. A careful calculation of 164 fatal cases where full raformation was obtainable, Tuider old conditions, shows the average amount received per case was $475. Under the operation of the workmen's compen- sation act of this State the dependent families received on the average about three and one-half times as much, Another significant fact m this connection is that the payments in the various cases are iti a measure uniform as to amount, whUe under the old conditions the amounts varied extremely. NEW YORK. The elective compensation law of New York provides for the affirm- ative action of employers and employees to bring themselves within the provisions of the law. This consists in filing with the county clerk written agreements between the employer and each employee who agrees to the plan signed and acknowledged by both in the same man- ner required in the conveyance of real property. While the law does WOEKMEn's compensation laws — UNITED STATES. 117 not specify that each employee must make such separate agreement, its words are such that they seem practically to necessitate such for- mality. This is far removed from the simple election provided for in other laws and still further from the presumed election requiring dis- affirmance provided for in several of the statutes. Whether the cum- bersomeness of the plan has led to its neglect, or whether there are other reasons, it is evident that the law is of no practical effect as a factor in adjusting claims for damages, since but a single firm in the State has taken advantage of the provisions of the law, and of the 440 shop hands which it employed in 1910 but 36 consented to accept the compensation provisions. This action was taken March 16, 1910, and up to July 10, 1913, no other firm had taken any steps to come within the law. OHIO. The Ohio law provides for the operation of a State insurance fund under a State liability board of awards (after October 1 a State indus- trial commission), and as annual reports are required on or before November 15 a report is available for the period January 1, 1912, to November 15, 1912. At the date of the report there were 22,774 operatives protected by the insurance system, with an estimated pay roll of $8,429,412. The average rate per $100 of pay roll was $1.25, the average premium pay- ment per employer $227.54, and the average number of employees protected in each establishment was 49. The number of injuries reported as of November 15, 1912, was 796, besides 3 deaths. Awards were granted in 502 cases, were waived by the employee in 14 cases, and were disallowed in 5 cases, making 521 cases finally disposed of, leaving 278 pending for consideration. The amount of premiums received during the year was $107,857.74. The earned premium to date was $56,008.70, less a 10 per cent contin- gent reserve amount of $5,600.86, leaving a total net earned premium of $50,407.84 and a working balance of $57,449.90. The net earned premium is distributed as follows: To awards, $12,067.02; deferred awards, $6,372.52; imsettled claims (estimated), $11,340.99, which, with the contingent reserve fund of 10 per cent, leaves a total net balance of $20,627.31. An interesting feature of this report is the one relating to medical attendance. The law provides for medical and hospital service in each case in an amount not exceeding $200. A difi&culty that has been practically uniformly reported on in the administration of com- pensation laws in which medical services are furnished by the State or by the employer is the excessive charge of medical practitioners in cases of simple injury. The chief medical examiner of the board pre- pared the following table to show the costs for medical and hospital 118 workmen's compensation laws UNITED STATES. service, etc., showing both the amounts claimed and the amount granted for the different classes of expenses : MEDICAL, ETC., SERVICES, JANUiEY 1, 1912, TO NOVEMBER IS , 1912. Medical servloe. Medi- cines. Hos- pital. Nurse. Ambu- lance. Under- taker. (4,636.20 3,800.70 $138.40 87.40 $190 170 $48 $9.10 9.10 $622.55 AmonTitgranf.-i . , 450.00 The above figures are approximate in some cases and can not be made exact. Accordiag to the statements made, the amounts saved by the scrutiny of the board amoimted to $906.50 in the 521 cases passed upon, and the average cost for medical attendance was $7.85 per case, including all items. The cost of administration, if aU employers in the State were contributors, is estimated at not more than 7 per cent. WASHINGTON. The most detailed report yet published on the subject of the oper- ations of a State law is that of the industrial insurance department of Washington, covering the year from October 1, 1911, to Septem- ber 30, 1912. The report is a volume of 516 pages, in which are presented a discussion of the general idea of compensation, a history of the legislation of the State on tliis subject, the organization of the commission and its poHcy and problems, and the subject of accident prevention and safety education. There are more than 100 pages of statistical results and comparisons, and 35 pages are given over to the report of the chief medical adviser. Alleged defects and sug- gested amendments, recommendations, &nd appendixes presenting related matter complete the volume. Reports of accidents cover their nature, the month, day, and hour of occurrence, the sex, age, and nativity of the injured person, the days survived (if the injury subsequently proved fatal), the number of beneficiaries, the relationship and benefits paid to them, the indus- try, occupation, and daily wage of the injured workman, and a brief description of the accident; also summary tables of costs, causes, duration of disability, etc.^ The statute is a compulsory one, intended to cover all the industrial activities of the State, and the rates of premiums to be contributed are fixed in the law itself for the 48 classes of industry into which the industries of the State are grouped. In the eleventh class, however, the legislature placed no employments, while in administration the State board construed classes 26, 27, 28, 32, and 36 to be overlapping, > The report for the year ending Sept. 30, 1913, was received too late for more than a very limited use. WORKMEN S COMPENSATION LAWS — ^UNITED STATES. 119 and they were therefore omitted. In the remaining classes there were, on September 30, 1912, 138,084 employees; accidents reported numbered 11,896, but for 1,703 of these the files were incomplete, leaviag 10,193 cases for consideration. Of this number 6,356 were for total temporary disability; and 378 were rejected for cause. Claims were suspended in 1,552 cases, ia which the injuries were trivial and the workmen presented no claims, while in 348 cases the board was unable to locate any claimants. Total permanent disability pensions were allowed ia 2 cases; 257 accidents were fatal; monthly benefits for temporary disability were allowed in 314 instances; payments on account of reduced earning power or partial payments were made in 33 cases; while 953 cases were ia process of adjustment. For the year ending September 30, 1913, there were 12,380 injuries, causing 340,728 days of temporary total disability, and recei-ving awards amounting to $460,498. The total number of awards made during the year was 14,536, aggregating $1,377,271. The foUowing table gives the condition of the funds for the various classes of occupations at the close of the 12 months ending Septem- ber 30, 1912; also the number of employees in each class and the number of accidents. The table has been condensed somewhat in the following presentation by reducing the amounts of money to the nearest doUar: STATEMENT OF CONDITION OF ACCIDENT FUND, STATE OF WASHINGTON, AT CLOSE OF 12 MONTHS ENDING SEPTEMBER 30, 1912. Industry. Class. Num- ber ot em- ploy- Num- ber month- ly pre- nuum calls. Total amount paid ill. Num- ber of acci- dents. Claims paid. Ee- serve on ap- proved claims. Bal- ance in fund. Per cent unex- pend- ed. Basic. Rate per $100 of pay roll. As- Ee- quired. Sewers Bridge and tower. Pile driving House wrecking. , General construc- tion Power-line instal- lation Railroads street g;rading.... SMpbuilding Lumbering, mill- ing, etc.. 1 Dredging Electric systems.. Streetrailway — Telephone and telegraph Coal mining Quarries Smelters Gasworks steamboats Grain elevators.. Laundries Waterworks , Paper mills 2,571 2,048 530 429 10,601 4,147 11,215 11, 790 42,164 441 1,064 3,701 4,277 2,171 881 1, 3,184 553 734 (') (') (') (') (' {22,114 19,362 6,669 2,023 78,514 56,047 96,549 35,035 6,376 324,103 6,576 18,273 26,729 -4,311 82,399 15,355 6,369 7,138 1,252 8,385 7,671 5,037 8,086 84 61 39 12 327 145 304 142 43 2,748 17 49 153 23 509 75 73 27 1 65 35 13 71 $6,867 4,304 1,795 1,431 22,824 11, 106 34,921 10,569 3,826 206,147 1, 3; 335 6,731 1,470 40,817 5,500 4,939 917 405 4,781 2,543 845 5,975 $4^,^03 25,024 5,993 21,823 3,553 117,366 11,532 1,264 $15,247 10,555 4,875 592 30,666 38,888 39,806 20,913 2,550 590 4,681 3,406 18, 734 691 28,041 2,330 2,923 2,739 1 Continuous. 2,151 13,541 7,524 1,430 3,298 847 3,605 5,128 1,453 2,109 ' Various. 15.00 2.50 5.00 4.00 3.00 3.00 3.00 4.00 3.00 3.00 3.00 2.00 2.00 2.00 2.00 $5.00 1.46 1.67 2.00 .75 .75 1.50 1.33 1.00 1.50 1.50 .50 .50 1.00 1.50 $2.90 1.46 .48 1.62 .23 1.23 .68 .77 .17 .70 .74 120 woekmen's compensation laws — united states. STATEMENT OF CONDITION OF ACCIDENT FUND, STATE OF WASHINGTON, AT CLOSE OF 12 MONTHS ENDING SEPTEMBER 30, 1912— Concluded. Industry. Class. Garbage works. . . Woodworking Asplialt manu- racturing Cement manufac- turing Fisli canneries.... Steel manufac- turing, foun- dries Brick manufac- turing Breweries Textile manufac- turing Foodstuffs Creameries Printing Lonralioring Fac&g houses.. Ice manufactur- ing T li 6 a t e r-stage employees Powder works Creosoting works. N n Ii a zardous elective Total. 30 Num- ber of em- ploy- ees. 163 4,304 261 esi 3,687 4,488 1,703 1,045 1,673 1,308 562 1, 6,849 824 130 196 137 310 138,084 Num- ber month- ly pre- mmm calls. Total amount paid Num- ber of acci- dents. $1,489 28,352 971 11,289 29,627 6,216 9,970 3,813 2,656 2,150 6,519 12,966 7,010 1,444 445 1,092 5 267 15 12 31 122 24 16 Claims paid. Ee- serve on ap- proved claims. $403 20,174 1,763 2,090 17,120 1, 2,251 1,185 597 267 l,a.6 6,808 2,624 782 187 84 2445,528 $1,1S1 4,061 3,183 3,'3ii 3,917 Bal- ance fund. $1,086 6,987 971 9,200 9,324 4,411 4,407 2,627 2,059 i,r- 6,174 2,242 4,."" 662 445 11,676 446 1,008 2290,933 Per cent unex. pend. ed. 100 100 Bate per $100 of pay roU. Basic $2.00 2.50 2.50 2.50 3.00 2.00 2.00 2.00 1.50 1.50 1.50 1.60 3.00 2.50 2.00 1.60 "i'so 1.36 As- Be- quired. $1.00 1.04 1.26 .75 1.00 .50 1.00 .38 .38 .38 .38 1.60 1.25 .60 .37 '."ei .34 $0.27 .79 .70 .13 .66 .12 .09 .05 .07 1.25 .45 .27 .18 > Deficit; 2 These totals do not agree with the items, but are given as presented in the report. It will be observed that in all but two classes there is an unex- pended balance ranging from 16 to 100 per cent of the premiums collected. In one class, that of powder works, a single accident early in the history of the operation of the act iaTolved costs in excess of $8,000, while the principal contributor to this class refused to pay premiums assessed, and the question involved had not been decided at the time of the publication of the report. In the cases of the first eight classes, it may be noted that premiums were collected monthly, these employments being in the nature of contractors' work, so that it was considered unfair to establish a general fund from the contributions of those contractors who might happen to be at work at any given time and use the accumulations to meet the costs of accidents occurring to the workmen of contractors not then employed. In the other classes of occupations the number of assessments varies from three to nine, except in the last class, nonhazardous elective, in which the initial payments appear to have been adequate to estabhsh a sufiicient fund. As indicated in a foregoing statement, there were 257 fatal acci- dents reported and disposed of during the year, besides which there were 22 in which the accident reports were incomplete. The classes WORKMEN S COMPENSATION LAWS UNITED STATES. 121 in which these fatalities occurred and the cost to the industry are shown in the following table: NUMBER AND COMPENSATION COST TO INDUSTRY OP FATAL ACCIDENTS REPORTED DURING YEAR ENDING SEPTEMBER 30, 1912, BY INDUSTRY CLASSES, STATE OF WASHINGTON. Industry class. Fatal Cost to acci- industry (burial . dents re- plus ported. reserve). 5 S337 5 8,051 4 150 1 4,075 11 26,381 18 10,159 23 20,-033 6 4,181 129 172,240 7 17,606 Industry class. Fatal acci- dents re- ported. Cost to industry (burial plus reserve). Industry Fatal acci- dents re- ported. Cost to industry (burial plus reserve). Class 1.. Class 2. . Class 3.. Class 4.. Class 6 . . Class 6.. Class 7.. Class 8.. Class 10. Class 13. Class 14. Class 15 . Class 16. Class 17. Class 19. Class 20. Class 21. Class 23. Class 24. Class 29. S2, Class 31... Class 33... Class 34... Class 35... Class 37... Class 42... Class 46... Not under act Total... $5,207 3,672 150 4,075 4,075 8,269 1279 351,307 1 The items aggregate 282, but the total as given corresponds with statements made elsewhere in the report. The cost of administration is borne by the State, and this with the premiums levied on employers forms the total income of the commission. The total receipts for the year amounted to $1,088,- 313.83, of which the claims paid in cash amounted to 40.9 per cent, the reserve fund to guarantee pensions amounted to 22.4 per cent, the expense of administration amounted to 9.9 per cent, leaving an unawarded balance on hand of 26.8 per cent. Attention is called in the report to the fact that the expense element for administration amounts to practically 3 per cent lower than is shown by the German experience, the German statistics for 1908 showing a rate of 12.8 per cent for administration. It is poiuted out that nearly 1.9 per cent of its administration expense was for equipment which will not require duplication, so that the actual expense of administration is reduced to 8.09 per cent of the total funds handled. The report for the second year states that the total expense from June 1, 1911, to September 30, 1913, amounted to 8.13 per cent of the total contributions to the accident fund. WISCONSIN. The act of this State came iato effect on May 3, 1911, being elective as to ordiaary employers, but compulsory as to the State and its municipalities. Inasmuch as the settlements are made between the parties at interest with appeals to the industrial commission only in case of dispute, there are no reports as to costs or awards, but as election is made in writing filed with the industrial commission, it is possible to show the extent of the acceptance of the law, together 122 workmen's compensation laws — UNITED STATES. with some details as to its operation, since the law reqtures the re- porting of accidents to the industrial commission, which may also require such other data to be furnished as it thinks best. A brief summary of the operations of the act is issued by this com- mission as of the date of June 1, 1913, covering practically two years' operations. This shows that on the date named there were 1,706 employers with 125,606 employees under the act. Of all the acci- dents reported during the month of May, 55.4 per cent were under compensation. The claims under the act for the 23 months amounted to 4,603 ; for these, 3,353 settlements were made by the parties them- selves without appeal to the commission, 60 decisions having been made by the commission on appeal. Four appeals were taken from the commission to the supreme court, in all of which the com- mission was sustained. In 584 cases it is stated that no claim was submitted, while 465 cases were reported as pending. The statis- tician for the commission reports that an apparent discrepancy of approximately 200 cases is made up of State, county, and municipal employees, the details of whose claims were not available at the date of the report. An unofl&cial dispatch of date of August 6, 1913, reports the number of employers under the act at that date at approximately 2,550 and the number of employees at 175,000. Inasmuch as the first acceptance under the act was on July 14, 1911, its actual operations date from that month, and in the fol- lowing table the figm-es show the growth of acceptance of the act during its first year. ACCEPTANCES 0NDEE WISCONSIN WORKMEN'S COMPENSATION ACT FROM JULY 1, 1911, TO JUNE 30, 1912. Month. Number of aeoept- aaces. July , August September. October November., December.. January February.. Marcb April May June Total 17 44 35 22 31 39 25 84 20 67 37 24 Number of employ- 834 16, 478 13, 348 5,826 6,446 4,017 2,226 3,206 2,158 4,460 2,099 2,630 63,728 Places of employ- ment. 17 59 38 27 43 53 32 94 21 73 59 30 546 All accidents causing disability for more than one week, not including railroad accidents, are required to be reported to the commission. The growth of the adoption of the compensation sys- tem is indicated no less by the increased number of acceptances, as appears from a comparison of -the above totals with the summary statement for June, 1913, than by the fact that during the first year but 25.4 per cent of the accidents reported to the commission were WOEKMEN-'S COMPENSATION- LAWS — tJNITED STATES. 123 under the compensation system, while during the month of May, 1913, the percentage was 55.4. An. important activity of the industrial commission relates to the matter of safety and the prevention of accidents, the law creating the commission having given it authority to make investigations and prescribe safeguards, issue orders, and establish rules and regu- lations for the enforcement of standards of safety to be fixed by it. Acting within the scope of this power, the commission made inves- tigations of a number of manufacturing plants, held conferences, and secured the advice of experts and persons interested, after which it issued orders or regulations relative to safeguards apphcable, some to aU industries, and others to special industries or machinery. The union of authority by which the same board administers the com- pensation law and is also able to correct defective conditions as to safety and to establish standards strongly impressed the industrial insurance department of Washington as a most admirable and promis- ing means of accomplishing the desirable result of prevention, which it considered as of greater desirability even than compensation. UNITED STATES. The Federal statute of May 30, 1908, is of limited application, relating only to certain classes of employees in designated establish- ments or classes of work. The number of persons actually affected by it can only be estimated, but the report of the Department of Commerce and Labor on cases arising from accidents occurring between August 1, 1908, and June 30, 1911, estimates that, with the amendments which added the Bureau of Mines, the Forestry Service, and the Lighthouse Service, approximately 95,000 persons were included under the law, or about one-fourth of the civilian employees of the United States. While the scope of the law is thus limited and no compensation can be paid under it for injuries not causing death or disability of more than 15 days, the effort has been made to secure reports of aU accidents to civilian employees causing disabUity of one day or longer. In the following table there are shown the number of accidents reported, the claims for compensation, and the amount of compensation paid during the three years covered by the act: NUMBER OF ACCIDENTS EEPORTED, CLAIMS FOE COMPENSATION, AND AMOUNT OF COMPENSATION PAID FOE THE FISCAL YEAES 190&-9,i 1909-10, AND 1910-11. Accidents reported (aU de- partments). Number of claims — Compensa- Received. AUowed. Disallowed. tion paid. 1908-9 1 4,887 6,987 9,159 1,818 2,654 '3,153 1,692 2,529 2,903 126 125 216 $242,937.05 1909-10 336,348.78 1910-11 380,330.49 1 Eleven months. 2 Including 34 claims on which action taken was not reported. 124 WOBKMEN's compensation laws UNITED STATES. The report is a detailed one, making full use of the accident data furnished, so that causes, duration, nature of injury, etc., are pre- sented in statistical form with considerable detail. While only about 25 per cent of the civilian employees of the United States are included, by far the larger portion of hazardous employments, so called, are embraced within the provisions of the law, the principal exceptions being in connection with the Railway Mail Service, Life-Saving Service, and Eural Free Delivery. As to the first two of these, it may be said that there are independent laws providing a system of compensation for persons injured therein. The figures in the brief table above show a great increase in the number of accidents reported from year to year. This is said by the report to accord with the experience of other countries which have adopted an accident-reporting system, as it is commonly found that a fair degree of accuracy and completeness in reporting acci- dents is obtained only after some years of experience and familiarity with a new law. The number of claims increases also, but not in the same ratio, the ratio being slightly greater for the second je&t than for the first year, with a considerable decrease for the third year, the percentages of claims as compared with accidents being for the first year 37.2, for the second year 38.0, and for the third year 34.4. A comparatively small number of the claims made were rejected, approvals for the first year amounting to 93.1 per cent of all claims, to 95.3 per cent in the second year, and 93.1 per cent in the third year. The great difference between the number of acci- dents and the number of claims is accounted for cMefly by the exclu- sion of accidents causing disability of not over 15 days, the number of such accidents being 47.1 per cent of the total for the first year, 49.1 per cent for the second year, and 57.9 per cent for the third year. In the case of fatal accidents other reasons must be fo\md for the failure to make claim, if such failure appears. Dming the first year but httle more than one-third (39.9 per cent) of the fatahties led to claims, while in the second year 53.7 per cent resulted in claims, and during the third year 70.9 per cent. But few of £hese occurred to persons not covered by the act, the greater niunber of failures to make claim being apparently due to the remoteness or nonexistence of dependent relatives or ignorance of the law. These reasons would operate particularly in the Canal Zone and were evidently influen- tial in keeping down the number of claims for fatal cases. The distribution of approximately $900,000 paid out to benefi- ciaries imder the act during the three years covered by this report by the principal branches of service coming within the law is shown in the following table: WOBKMEN S COMPENSATION LAWS UNITED STATES. 125 AMOUNT AND PER CENT OF COMPENSATION PAID IN SPECIFIED DEPARTMENTS AND BRANCHES OF SERVICE FOR THE FISCAL YEARS 1908-9, 1909-10, AND 1910-11. Compensation paid. Departments and branches of service. Amount. Per cent of total. 1908-91 1909-10 1910-11 1908-91 1909-10 1910-11 Isthmian Canal Commission... J100,400.60 78,317.71 24,498.39 8,754.34 19,990.16 10,975.85 S156,340.30 92,097.72 37,918.71 11,982.05 27,932.67 10,077.33 $170,252.17 109,389.03 40,948.92 14,289.97 26,705.72 18,744.68 41.3 32.2 10.1 3.6 8.2 4.5 46.5 27.4 11.3 3.6 8.3 3.0 44.8 28.8 Engmeer Department (War). . 10.8 3.8 Reclamation Service 7.0 All other 4.9 Total 242,937.05 336,348.78 380,330.49 100.0 100.0 100.0 1 11 months. The average cost per case is subject to great fluctuation in differ- ent departments, due to the differences in the wage scale as well as in the gravity of injury and duration of disability. In fatal acci- dents the average compensation on the Isthmian Canal was $640.74 in the 11 months of 1908-9 and was $537.71 in 1910 and $515.31 m 1911; in the War Department it was $648.71 in the 11 months of 1908-9 and was $682.40 in 1910 and $667.93 in 1911; in the Navy Department it was $850.63 in the 11 months of 1908-9 and was $616.75 in 1910 and $827.88 m 1911; and ia the Eeclamation Service it was $1,051.56 in the 11 months of 1908-9 and was $1,043.71 in 1910 and $1,073.65 in 1911. PREMIUM RATES. In connection particularly with the reports under the Ohio and Washington laws it will be of interest to notice the rates provided under the State insurance laws of Nevada, Ohio, and Washington, and the rates charged in certain States by stock insurance companies. The table that is reproduced below was for the most part presented in the report of the Ohio Liability Board of Awards, their table pre- senting the list of representative employments used, the Ohio State rates, and the company rates here shown. The Nevada and Wash- iQgton rates were taken from the laws of the respective States and closely correspond, the Nevada law apparently largely following the Washington law in this respect. The rates charged are per $100 of the pay roll. It should be recalled ia this connection that the Ohio rates were fixed by the State commission imder authority of the law, and that the administrative officers in Nevada and Washington have author- ity to modify in effect the rates in those States by omitting assess- ments when the fund on hand seems to them to warrant such action 126 WOEKMEN's compensation laws UNITED STATES. or for other reasons. Indeed, the Nevada law speaks of the rates as "initial rates," while the table showing the experience under the Washington act shows that the nvunber of monthly calls was less than the number of months of operation of the law in all cases except for contracting work. While these facts diminish the value of the table as a basis for comparison, particularly as between the rates for Ohio and other insurance States, it is stiU evident that the State insurance rates are in almost every instance, and in most cases very strikingly, below the rates charged for compensation insurance by stock companies. The table follows : PREMIUM RATES PEE $100 OF PAY ROLL CHARGED TINDER STATE INSURANCB SYSTEMS AND BY STOCK COMPANIES IN CERTAIN STATES. Representative employments. State insurance rates. Nevada. Ohio. Washing- ton. Company rates. Illinois. New Jersey. Wiscon- sin. Confectionery manufacturers Acid manufacturers Car manufacturers, railroad Coal miners . . : Carpenter contractors Mason contractors Electric light and power companies -Harness and saddle manufacturers Sawmills '■■ Planing mills and lumberyards Meat packing and stockyards Machme shops Machine shops with foundry Foundry, iron Boiler makers Flour miUs Mining (except coal), clay Ice, artificial, manufacturers Street railway, electric, interurban Street railway, electric, not interurban Oil, fish, lard, and tallow manufacturers . . Blast furnaces Iron smelters Paper mills (no saw or bark mills) Cardboard manufacturers (no pulp miU) . . Writing paper manufacturers Glass manufacturers (no plate or window) . Printers Rubber manufacturers Freight handlers, stevedores Lime quarries, including blasting, crushing Cement manufacturers (no quarry) Clothing manufacturers Mattress manufacturers (no spring or wire) . Tobacco manufacturers, chewing, smoking. Great Lakes steamers Scrap-iron dealers, shop or yard Storage, cold or grain Furnace manufacturers Wood turners $2.00 3.00 3.50 5.00 12.50 1.50 2.00 2.00 2.50 2.00 2.00 2.00 2.00 1.60 2.60 2.00 2.60 3.00 1.50 3.00 3.00 2 2.00 1.50 1.50 1.50 1.60 3 2.50 2.00 <1.60 '3.00 ""2;66 '"'2.66 $0.50 .85 1.30 1.50 2.30 3.00 3.10 .65 1.45 1.05 .90 .70 .80 1.05 1.66 .80 1.50 .80 2.00 1.40 .55 2.00 2.00 1.15 .85 .90 .30 .30 .65 1.46 2.66 2.26 .20 .30 .36 1.25 2.55 1.35 .75 .75 12.60 3.00 3.50 5.00 4.00 1.60 2.50 2.60 2.50 2.00 2.00 2.00 2.00 l.SO 2.50 2.00 4.00 3.00 1.50 3.00 3.00 2 2.00 1.50 1.50 1.50 1.50 3.00 34.00 2.50 U.50 '3.00 "'•i.m $2.00 4.05 4.70 15.00 4.50 6.30 7.20 1.66 5.60 4.06 3.36 2.60 3.10 3.40 4.25 2.70 8.10 3.35 10.80 6.75 3.00 8.10 8.10 3.35 2.70 1.65 1.65 1.65 3.00 8.00 8.10 6.40 .75 1.85 1.00 1.80 8.10 3.38 2.00 2.80 $1.60 3.00 3.50 6.00 3.75 5.25 6.00 1.25 4.50 3.26 2.25 2.00 2.60 2.75 3.50 2.00 6.00 2.50 8.00 5.00 2.26 6.00 6.00 2.60 2.00 1.26 1.26 1.26 2.26 4.00 6.00 4.05 .60 1.50 .75 3.00 6.00 2.50 1.00 2.25 $2.10 4.20 4.90 8.40 6.25 7.35 8.40 L75 6.30 4.55 3.50 2.80 3.50 3.86 4.90 2.80 8.40 3.60 11.20 7.00 3.15 8.40 8.80 3.60 2.80 1.75 1.76 1.75 3.15 6.60 7.00 6.60 .34 2.10 1.05 3.60 8.40 3.50 2.80 3.16 1 Operation and repair; construction work, $5. 2 Paper or pulp mills. 3 Rate is for "quarries." * Working in cloth or textiles not otherwise specified. ' Steamboats, tugs, ferries. "WOEKMEN S COMPENSATION LAWS UNITED STATES. 127 EXPERIENCE OF A STOCK COMPANY WRITING COMPENSA- TION INSURANCE. In concludiiig this section of this article it will be of interest to consider briefly a report of the Insurance Department of the State of New York, based on an examination of the United States branch of the London Guarantee and Accident Co. (Ltd.), of London, England. This investigation was made as of date of December 31, 1912, and shows the financial operations of the company for the year with its status at the close. The company in question is an important one, transacting business in 31 States of the Union and the Territory of Hawaii. It writes accident, health, liability, workmen's compensa- tion, steam boiler, burglary, credit, auto and teams property dam- ages, and workmen's collective insurance. The table presented here- with gives only those items of income, expenditure, etc., which relate to liability and workmen's compensation insurance. These items are not always separated, but the data given are as presented in the report. It is stated that of the total premiums received covering liability and workmen's compensation, amounting to $2,967,477, 44 per cent represents premiums on employers' liability, 33 per cent on other forms of liability insurance, and 23 per cent on workmen's compensa- tion insurance. The items therefore in the first column must be con- sidered as relating, as to approximately 57 per cent of their amount, to employers' liability insurance, and the remainder to other forms of liability insurance. The table follows: EEPOET or THE INSURANCE DEPARTMENT OF NEW YORK AS TO THE FINANCIAL OPERATIONS AND CONDITION OF THE LONDON GUARANTEE & ACCIDENT CO. Items. Liability. Workmen's compensa' tion. Total. Net premiums received Net losses paid Expenses of investigation and adjustment. Commissions or brokerage Premiums in course of collection Reserve for unpaid losses Commissions or brokerage impaid Underwriting income Underwriting losses and expenses Loss from underwriting $2, 1, 1, 286,603 333,243 421,566 m 731,149 088,093 (■> 0) ('} $680,974 68,872 6,873 (■) ?2, 967, 477 1,402,115 428,439 735,429 731,149 1,088,093 138,071 2,719,091 2,951,137 232,046 ■ Not separately reported. As to the operations of the company with reference to workmen's compensation insurance, the report says : This company is writing workmen's compensation insurance in the following States, viz : Cahfornia, lUinois, Massachusetts, Michigan, New Jersey, Rhode Island, and Wisconsin. An investigation has 128 WORKMEN S COMPENSATION LAWS UNITED STATES. been made during the course of this examination of the method^ of settling claims arising under compensation policies. The following schedule will show the number of claims for compensation made prior to December 31, 1912: state. Total mimlier of claims. Claims on which indemnity paid or outstand- ing. Disabled less than statutory period. Deaths. Loss of leg, hand, or eye. Permanent partial disability. Tllinnis 5,682 633 892 686 6 65 1 1,063 95 179 99 2 5 1 4,619 438 713 587 3 £0 27 5 2 4 10 1 1 5 MiohigaTi New Jersey Khode Island rAlifornia . 1 Total 7,854 1,444 6,410 39 12 6 On claims where the disability lasts less than the period during which no compensation is paid, the company is required to furnish medical attention. In our investigation we find that the compensation is paid promptly in all cases where the law of the State shows clearly that compensa- tion is due. The laws of some of the States are indefinite and uncer- tain as to the amount of compensation to be paid and in what cases it should be paid. In order to determine itsTiability, the company is required in some cases to appeal to an arbitration board or a State industrial board. When the liability of the company is determined, the benefits are promptly paid. Any delay in making settlements or disputes that have arisen can in practically all cases be blamed on the f aimre of the laws of the various States to clearly prescribe the amount of benefit due the workman. Many requests for lump-sum settlements in death cases are made to the company. It is the poHcy of the company to discom-age lumjp- sum payments. And fvirther many of the laws do not prescribe the method to be adopted in computing the amount to be paid in a lump- sum settlement. AH such settlements must be approved either by a court or by an industrial-accident board and where such settlements have been made the proper procedure has been taken. We find that compensation claims, especially those where any dispute arises as to the amount, are settled much more expeditiously and satisfactorily in those States which have industrial accident boards whose duty it is to approve the claim settlements. It is the function of members of such boards to determine the amount due under the compensation law and to issue rulings as to their interpre- tation of its provisions, and as an almost general rule the company abides by such rulings. As the members of the industrial accident boards devote all their time to the subject of workmen's compensa- tion, it is evident that the ruling of such a board is of more value than that of an arbitration board selected promiscuously. As the injured workman selects one arbitrator and the assured another, these two workmen's compensation laws — UNITED STATES. 129 selecting a third, it devolves upon such third member in most cases to decide the disputed question. It is also true that in but few iostances, if any, does the same arbitration board act. It isbelieved that in all States there should be some one board or authoritj which wiU make a uniform interpretation of disputed ques- tion3_ arising imder the law. It can readily be seen that otherwise the_ insurance companies or arbitration boards wiE make different decisions as to the benefits to be paid on claims arisingunder the same provision of the law and a similar state of facts. There are a surprising number of questions arising in the various States as to the benefits to be paid under the compensation acts, and it is important that all the workmen injured be given a fair and impartial hearing before a competent board whose opinions wiU be respected by the workmen, insurance companies, and courts. In Illinois we find that the injured workman has in some cases, even though the amount of the compensation is absolutely certain, placed his claim with an attorney. The files of the company show many Hens for attorneys' fees served on the company, the fees in some cases beuag as much as 50 per cent of the benefit to be paid. It is the policy of the company, whenever possible, to induce the attor- ney to accept a smaller fee. There is nothing to show that the serv- ices of attorneys are required in any cases except those arbitrated or appealed to the courts, and such cases comprise but a very small proportion of the whole number. It is also found that the medical fees charged by the doctors are in many cases exorbitant. The payment of such fees wUl, of course, increase the cost of compensation insurance. The company endeav- ors to be fair to the doctors, but does in many cases persuade them to accept a reduction from their biUs. In Chicago and vicinity some of the doctors are compensated hj a fixed percentage of the premiums written within a prescribed territory. The summaries of experience under the acts given in the foregoing pages are necessarily brief and the data can not be considered as more than suggestive. While 'm. a few reports some elaboration on classi- fications of accidents as to cause, duration, costs, etc., has been attempted, it is clear that with the limited experience under the laws such data are of comparatively small value; and as to some of the subjects considered, it may be said that but little new light could be added even if the data were more extensive, since they have received extensive and prolonged investigation in European countries, so that the facts in connection with them may be said to be fairly established. The rapid growth of the compensation idea, as indicated by the numerous activities of legislation and investigation, is evidence of the fact that the old liabiHty system is recognized as completely out- grown, while the honest contentions of those who hold conflicting views as to types of laws and the modes of achieving the desired ends suggest the necessity for well-considered action in providing for a system of compensation. The amount of information now available, 22566°— S. Doc. 336, 63-2 9 130 workmen's compensation laws — UNITED STATES. however, seems sufficient to warrant the preparation of an adequate law to meet any industrial conditions. The amount of litigation that has reached the coiu-ts of last resort, which is the only authentic test that the Bureau of Labor Statistics can use to determine the extent to which the courts have been resorted to in connection with the compensation laws, indicates the importance of careful wordiag and full provision to carry out the intentions of the legislatm'es. That this litigation has not been without profit is evident from the number of amendments that have been adopted incorporating court construc- tions or otherwise meeting the points raised in the actions at law. WORKMEN'S COMPENSATION LAWS OF FOREIGN COUNTRIES/ BY CHAS. H. VERRILL. The principle of systematic compensatiou for losses due to iadus- trial accident has been known in Europe for over a century, the earliest examples being found in th6 miniag industries, especially in Germany and Austria. As these industries were the first to be operated on a large scale with large numbers of employees whose life and safety depended on the care and skill of the manager and of the fellow workmen, and, in addition, had a higher danger rate, it was but natural that attempts should be made to provide in a defi- nite manner for the rehef of the distress caused by accidental inju- ries or other physical disability of employees. The industry of navigation possessed similar characteristics and also developed at an early date comparatively well-defined systems of rehef for disa- bility arising from the operations of vessels. The next industry to be operated on a large scale, an industry which had at the same time a high trade risk, was that of railway transportation, and in the States of the present German Empire we find early efforts to make provision for railway employees on a more liberal scale than that prevailing ia the manufacturing industries. With the introduction of the factory system, the development of large-scale industries, and the more extensive use of power machinery there was an increase in the trade risk of the industries so affected. Previous to the development of large-scale production a system of compensation for industrial accidents prevailed in prac- tically aU countries of the world, based on the idea that a workman suffering an injury from industrial accident should be compensated by the person or persons at fault in causing the accident. The relief provided under the civil code in continental Europe was more readily obtainable than that permitted under the English common law, but in each case the person liable was supposed to have com- mitted some fault, and it was necessary for the plaintiff to begin suit and to prove such fault or negl%ence according to the rules of evidence prevailing in the courts of each country. To distinguish them from employers' liability laws, the term "work- men's compensation laws" is used to designate those acts which 1 This article is a revision and extension of similar articles published under the title " Summary of foreign workmen's compensation acts" in B'llletin No. 74 (January, 1908) and Bulletin No. 90 (Sep- tember, 1910) of the United States Bureau of Labor. It is believed that it covers all legislation to the end of 1913. 131 132 workmen's compensation laws FOREIGN COUNTRIES, provide for the award of fixed sums to employees injiired by indus- trial accidents, without the necessity "of litigation and without reference to the question of negligence upon which employers' liability acts are based. It is provided ia most such laws, however, that gross negligence on the part of the injured person will bar his right to compensation, while, on the other hand, such neghgence on the part of the employer sometimes gives rise to a right to increased compensation. The first country to adopt a comprenensive system o^ accident compensation on a national scale was Germany in 1884. Austria followed in 1887, and since then practically all industrial foreign countries have adopted this plan, with greater or less modifications. Disregarding early acts affecting only selected groups of workmen, the order in which the various countries (41 in number) have passed laws providing national systems of accident compensation is shown as foUows: DATES OF ENACTMENT OF FOREIGN COMPENSATION LAWS. Country. Date of enactment of original law. Country. Date of enactment of original law. Germany Austria Norway Finland Great Britain Denmark Italy France Spain New Zealand South Australia Netherlands Greece (mining, quarrying, metallurgy etCrOnly) Sweden Western Australia Litxemburg British Columbia Russia Belgium Cape of Good Hope 1S84 1887 1894 1895 1897 1898 1898 1898 1900 1900 1900 1901 1901 1901 1902 1902 1902 1903 1903 1905 Queensland Venezuela (mining only) Mexico— Nuevo Leon. . . Hungary Transvaal Newfoundland Alberta Bulgaria Quebec Manitoba Nova Scotia Liechtenstein Servia New South Wales Tasmania Peru Montenegro Japan Switzerland RQumania Portugal 1905 1906 1906 1907 1907 1908 1908 1908 1909 1910 1910 1910 1910 1910 1911 1911 1911 1911 1912 1912 1913 The industries usually covered by the acts are manufacturing, mining and quarrying, transportation, buUding and engineering work, and ia some countries agriculture, forestry, and navigation. In Venezuela only mining is covered and in Greece only mining, quarrying, and metallurgy. In Belgium and Great Britain the laws apply to practically all employments. The persons subject to compensation within the industries cov- ered in Austria, Belgium, Denmark, Finland, Germany, Italy, Lux- emburg, Netherlands, Norway, Spain, and Sweden are wage earners only, and in some cases those exposed to the same risks, such as overseers and technical experts. On the other hand, in France, workmen's compensation laws — FOREIGN COUNTRIES. 133 Great Britain, the British colonies, Hungary, and Eussia the laws apply to salaried employees and workmen equally. Overseers, technical experts, and employees earning more than a prescribed amount are excluded in some countries, as Belgium ($463), Denmark ($643), Germany ($1,190), Great Britain ($li217), Italy ($1.35 a day), Luxemburg ($724), Manitoba ($1,200), New Zealand ($1,265), and Transvaal ($2,433). Employees of the State, provincial, and local administrations usually come within the pro- visions of the acts. It wiU thus be seen that even in the countries which were earliest in accepting the principles of workmen's compensation the systems of insurance do not in most cases cover aU wage earners. The German Imperial Insurance Office in December, 1912, pubUshed an estimate presenting, so far as the data were available, the number of wage earners in the population and the number of wage earners covered by the accident compensation insurance. NUMBER OF WAGE EARNERS IN THE POPULATION AND NUMBER OF PERSONS COV- ERED BY ACCIDENT COMPENSATION INSURANCE. rFrom Die Sozialversiohenmg in Europa nach detn gegenwartigen Stande der Gesetzgebimg in der Tersohiedenen Staaten. Erganzter Neudruck (Januar, 1913) der Sonderbeilage zum Keiohs-Arbeits- blatte Nr. 12, 1912.J •Country. Year of statis- tics. Population. Wage eameis. Persons in- sured. Austria Belgiiim...-^ Denmark Finland France Germany Great Britain Greece Hungary Italy Luxemburg. . Netherlands.. Norway Roumania..- Riissia Servia Spain Sweden Switzerland. . 1909 1910 1911 1909 1911 1911 1911 1910 1909 1911 1910 1909 1910 1911 1910 1910 1910 1910 1910 27, 7, 2, 3. 40, 65, 45, 2, 21 34; 5, 2, 7, 145, 2, 20, 5, 800,000 400,000 800,000 000,000 000,000 000,000 200,000 700,000 000,000 700,000 260,000 900,000 400,000 070,000 600,000 900,000 000,000 500,000 800,000 10,000,000 2,100,000 600,000 500,000 10,000,000 16,700,000 14,000,000 3,200,000 10,500,000 55,000 1,500,000 400,000 250,000 6,500,000 56,000 7,000,000 1,000,000 800,000 3,710,000 4,250,000 24,600,000 13,000,000 1,160,000 1,800,000 40,000 500,000 380,000 180,000 2,400,000 650,000 700,000 The laws in every case fix the compensation to be paid, and with but one or two unimportant exceptions the compensation is based upon the wages received by the injured person. It consists of allowance for temporary disability and annual pensions or lump- sum payments for permanent disability or death, to which are added frequently the expenses of medical and surgical treatment and the funeral benefit. The laws of the various countries are not aU equally liberal in providing for compensation in the case of minor accidents, regardless of the period of resulting disabihty. Eight countries grant com- 134 workmen's compensation laws — pobeign countries. pensation for all injuries iavolving any loss of working time, most important among these beiag Italy, Russia, and Spain. In most countries, however, a "waiting time" is fixed, beyond which disa- bility must extend in order to entitle the injured workman to com- pensation. This waiting time varies greatly, from 2 days, for ex- ample, ia the Netherlands and Switzerland up to 60 days in Sweden and 13 weeks in Denmark. These variations in waiting time, it may be noted, are important as measuring the completeness with which accident disabilities are compensated under the various systems, and must be borne ia mind in a study of accident statistics whenever such statistics are based upon the accidents compensated, as is the practice ia some coimtries. In the following statement is shown for each country the length of disability necessary under the law to entitle the injured workman to compensation. In this statement no note is made of provisions for benefits in the form of medical treatment, medicines, etc. Length of accident disability necessary to entitle injured employees to benefits. All injuries: Italy. Liechtenstein. Mexico — ^Nuevo Leon. Peru. Portugal. Russia.' Servia.' Spain. Venezuela. Over 2 days: Netherlands. Switzerland. More than 3 days: Austria.' Cape of Good Hope. Germany.' Hungary.' Luxemburg.' Norway.' More than 4 days: Greece. Five or more days: France. More than 6 days: Finland. In some of the countries compensation during the early part of the disability period is paid out of sickness insurance funds established under systems of compulsory sickness insurance. Where such pro- vision is made full account has been taken of the fact in makiag up ■ Including benefits paid out of compulsory sickness insurance funds during early part of disabilities due to accident, as explained in the text. : See also next page. At least 1 week: Great Britain.'' Newfoundland. New Zealand. South Australia. Tasmania. Over 1 week: Belgium. Quebec (over 7 days). Transvaal. At least 2 weeks: Alberta. British Columbia. Queensland. Western Australia. New South Wales. More than 2 weeks: Manitoba. Nova Scotia. Roumania.' More than 60 days: Sweden. Over 13 weeks: Denmark. WOEKMEn's CQMPENSATION laws FOBEIGN COUNTRIES. 135 the above statement. The countries in which a system of compul- sory sickness insurance exists and the periods during which dis- abilities resulting from accident are compensated out of sickness funds are as follows : Austria, first 4 weeks. Germany, fourth to ninety-first day. Hungary, first 10 weeks. Great Britain, beginning with fourth day.' Luxembui^, first 13 weeks. Norway, first 4 weeks. Roumania, first 2 weeks. Russia, first 13 weeks. Servia, first 13 weeks. In a considerable number of other countries systematic provision is made for voluntary sickness insurance, but inasmuch as aU such systems are entirely voluntary, with membership depending on the initiative of the workman himseK, they are properly omitted from a statement such as the above. The entire burden of the accident compensation cost rests upon the employer in all but nine countries: Austria, Bulgaria, Germany, Greece, Hungary, Luxemburg, Montenegro, Eoumania, and Russia. In these countries named the employees bear a part of the expense. The acts of nearly all of the countries are framed with the view of obviating the necessity for instituting legal proceedings. If disputes arise the acts specify the necessary procedure for settlement by spe- cial arbitration tribunals or by ordiaary law courts. In most countries the adoption of the law carried with it the abro- gation of all rights under liability laws for the persons concerned; in some countries the injured employee retains the right to sue under the general liability laws in cases of gross negligence on the part of the employer; while in a few cases the older liability laws are left undisturbed with the right to choose either method of compensation. So far as the method of organization of insurance is concerned, the countries may be divided into two large groups, according to whether insurance is compulsory or voluntary. I. COMPULSORY INSURANCE. Two forms of compulsory insurance are differentiated — compulsory insurance and compulsion to insure; one enforcing compulsory insur- ance in prescribed institutions, the other enforcing the obligation to insure, but leaving free the choice of the insurance institution. A, Compulsory insurance in prescribed institutions, 1. In a Government institution with a monopoly of insurance: Norway, one State insurance bureau for all industries. Switzerland, a national accident insurance fund, maintained by the Confederation. 1 National Insurance Act has provisions to Hmit duplication of sickness and compensation benefits. 136 workmen's compensation laws FOREIGN COUNTRIES. 2. In employers' compulsory mutual associations, controlled by tlie State: a. Organized on territorial lines. (1) Luxemburg, one institution, for all industries. (2) Hungary, two institutions — one for Himgary and one for Croatia-Slavonia, including all industries. (3) Austria, seven institutions, the whole country being divided into seven districts for all industries, in addition to which there are separate institutions for railroads and mining. (4) Russia. h. Organized on industry lines. (1) Germany, 66 industrial institutions, each covering the entire country for one group of industries, except that some industries have several associations, each covering a specified area; in addition there are 48 agricultural institutions. (2) Greece, where the law applies to mines, quarries, and metallurgical establishments only, has a special miners' fund. B, Compulsory insurance with choice of insurance institution, 1. Private companies or mutual associations with State institu- tions competing: a. Italy has the National Industrial Accident Insurance Insti- tution; except that for navigation and for the SicUian sulphur mines, compulsory mutual associations have been created by special legislation. h. Netherlands has the Royal Insurance Bank. The employers may insure in private insurance companies or may be permitted to carry their own insurance, but aU com- pensation is paid by the Royal Insurance Bank, which deals with the employer or insurance company. 2. Private companies or mutual associations without State insti- tution competing: Finland, except that for seamen a special compulsory em- ployers' mutual association under strict Government control has been established by special law. n. VOLUNTARY INSURANCE. A. Private companies or mutual associations with State institution competing, 1. Sweden, with State Insurance Institute. 2. France, with National Accident Insurance Fund, which, how- ever, is not permitted to provide against temporary disa- bility. Compulsory insurance is provided for seamen in a special Government institution. WOKKMEHr's COMPENSATION LAWS — ^FOREIGN COUNTEIES. 137 B, Private companies or mutual associations without State competition. 1. Belgium, while the law specifies that the National Retirement Fmid must provide accident insurance, this provision of the law has never been put into operation. 2. Denmark, where insurance is voluntary, except that the law requires compulsory insurance of seamen, either in mutual associations or in insurance companies, and where a State institution exists for voluntary insurance of fishermen and seamen not covered by the compulsory law. 3. Great Britain and the British colonies. 4. Spain. Wherever there is compulsory insurance in prescribed institutions controlled by the State, there is of course no question as to the security of payments. Such is the case in Norway, where a Gov- ernment bureau provides the insurance, and in Switzerland, where the National Accident Insurance Fund is maintained by the Con- federation. In Germany, Austria, Himgary, Luxemburg, the Netherlands, and Russia the law either specifically states or implies the guarantee of the solvency of the institutions providing the insurance. In Netherlands the injured workman is protected by the equivalent of insurance in the Royal Insurance Bank, irrespective of the institution in which the employer carries the insurance; the uniosured employer and the private insurance companies are required to give satisfactory guarantees to the Royal Insurance Bank. In Greece the payments are guaranteed by the national miners' fund. The second method of State guarantee is by a special national fund, from which the compensation is paid in cases of insolvency, either of the employer or of the insurance carrier. The sources of revenue of these funds show considerable differences. In Italy, notwithstanding the system of compulsory insurance, a fund has been organized under the supervision of the Government Bank of Deposits and Loans, supported by fines for noncompliance with requirement to insure, or other fines, and by the compensation due LQ fatal cases but not paid because of absence of survivors. In France the guarantee fund is managed by the National Old Age Retirement Fund and is supported by special taxes upon all employers covered by the act, but this fund guarantees pension payments only, while compensation for temporary disability is secured by a preferred claim on the assets of the employer. In Belgium the guarantee fund is managed by the National Retirement Fund and js supported by a tax levied only upon those employers who do not carry insurance. Where no State guaranty exists guaranties must be exacted from insurance companies or from the individual employer. Wherever insurance is either voluntary or there is a choice of insur- 138 workmen's compensation laws — poeeign counteies. ance institutions, the Government protects the insured employee by requiring the insurance company to maintain proper reserves or to make guarantee deposits with the Government, or by both methods combined. In the case of uninsured employees, their interests are usually protected by giving them a preferred claim upon the assets of the employer. In certain countries, where there is no compulsory iasurance, the employer is not permitted to carry the liability for continuous payment of pensions in cases of death or permanent disability, but must provide for such payments through insurance institutions. In Belgium both reserves and guarantee deposits are exacted; in addition, the capitalized value of pensions must be deposited in the National Retirement Fund. There is, therefore, no necessity for giving the injured employee a preferred claim on the assets of the employer. Finland requires the payment of the capitalized value of the pension to an insurance company in cases where no insurance has been taken. The guarantee of the pension payments of the unin- sured employer is limited to a preferred claim upon his assets in case of insolvency in the following countries : Denmark, Great Britain, Sweden, and the British colonies. In Spain both reserves and deposits are required from insurance carriers, but in case of uninsured employers no special provision is made in case of insolvency. ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS. Compensation laws have been enacted in 41 foreign countries, and are summarized in the following pages. The law of New Brunswick, covering compensation for industrial accidents, is not here included because, while very much broader than the former laws of negligence, it is still an employers' liability law rather than a workmen's com- pensation law. workmen's compensation laws — FOEEIGN COUNTRIES. 139 ALBERTA. Date of enactment. Maxch5, 1908; ineffect January 1, 1909. Injuries compensated. Injuries by accident arising out of and in the course of the employment ■which cause death or disable a workman for at least two weeks from earning full wages at the work at which he was employed. Compensation is not paid when injury is due to serious and willful misconduct of the workman, unless the injury results in death or permanent disablement. Industries covered. Railways, factories, mines, quarries, engineering work^ con- struction, repair and demolition of buUdmgs, eilier over 30 feet in height, or with the use of mechanical power. Persons compensated. Any person employed in manual labor, and other employees whose remuneration does not exceed |1,200 a year. Oovemment employees. Government employees are covered by this act if employed in establishments or undertakings to which the law applies. Burden of payrrient. Entire cost of compensation rests upon employer. Compensation for death. (a) To those entirely dependent on earnings of deceased, a sum equal to three years' earnings, but not less than $1,000, nor more than $1,800. (6) To those partially dependent on earnings of deceased, a sum less than above amount, to be agreed upon by the parties or fixed by arbitration, (c) Temporary payments previously made to be deducted from the above amounts. {d) If deceased leaves no dependents, reasonable expenses of medical attendance and burial, but not to exceed $200. Compensation for disability. (1) A weekly pajmient of not more than 50 per cent of employee's weekly earnings, but not exceeding $10 a week, for employees 21 years and over, or earning $10 a week and over; (2) 100 per cent of employee's earnings, but not exceeding $7.50 a week for employees under 21 years of age and earning less than $10. For partial disability, such weekly payment "as may appear proper " with regard to the difference between employee's average weekly earnings before the accident and average weekly amount which he is earning or able to earn after the injury, but not to exceed the amount of that difference. A lump sum may be substituted for the weekly payments after six months, on the application of the employer, the amount to be settled by agreement or by the courts. Revision of compensation. Weekly payments may be revised at request of either party. Insurance. Employers may make contracts with employees for substitution of a scheme of compensation benefit or insurance in place of the provisions of the act, if the attorney general certifies that the scheme is not less favorable to the workmen and their dependents than the provisions of the act, and that a majority of the workmen are fa- vorable to the substitute. The employers are then liable only in accordance with the provisions of the scheme . Security of wapnents. In case of employer's bankruptcy, the amount of compensa- tion due under this act, up to $500 in any individual case, is classed as a preferred claim, or when an employer has entered into a contract with insurers in respect of any liability under the act to any workman , such rights of the employer, in case he be- comes bankrupt, are transferred to and vested in the workman. Settlement of disputes. (.93) Disputes arising under the act are settled by arbitration, either by an arbitration committee representing employer and employees, or by an arbitrator, or, in absence of agreement, by the court. The attorney general may confer upon such arbitration committee any or all of the powers of courts in connection with the act. 140 workmen's compensation laws — FOREIGN COUNTRIES. ATTSTBIA. Date of enactment. Dec. 28, 1887; in effect Nov. 1, 1889. Amendatory and supple- mentary acta, Mar. 30, 1888, Apr. 4 and July 28, 1889, Jan. 17, 1890, Dec. 30, 1891, Sept. 17, 1892, July 20, 1894, July 12, 1902, Aug. 9, 1908, Feb. 8, 1909, Apr. 29, 1912, and Feb. 11, 1913. Injuries compensated. All injuries causing deatt, or disability for more than three days received in the course of employment, unless caused intentionally. Industries covered. Mining^ quarrying, stonecutting, manufacturing, building trades, railways, transportation on inland waters, storage, theaters, chimney sweeping, street cleaning, building^ cleaniag, sewer cleaning, dredging, well digging, structural iron working, etc.; agricultural and forestry establishments using machinery j operating motor vehicles, when not training for or taking part in racing; marine navigation and fishing on the high seas. Persons compensated. All workmen and technical officials regularly employed, but in agriculture and forestry only employees exposed to machinery. Government employees. Act applies to Government employees unless an equal or more favorable compensation is provided by other laws. Burden, of payment. Medical and surgical treatment for twenty weeks and compensa- tion for four weeks of disability paid by sick funds, to which employers conmbute one-third and employees two-thirds. Compensation for disability after fourth week, and for death, paid by territorial insurance associations, to which employees con- tribute 10 per cent and employers 90 per cent. In marine navigation and fishing on the high seas the entire burden is on the employer. Compensation forr death, (a) Funeral expenses not to exceed 25 florins ($10.15). (6) Pensions to members of family, not to exceed 50 per cent of earnings of de- ceased, to — Widow, 20 per cent until death or remarriage; in the latter case a lump sum equal to three annual payments; to dependent widower, 20 per cent during disability. Each legitimate child, 15 years of age or under, 15 per cent when one parent survives and 20 per cent when neither survives; to each illegitimate child, 15 years of age or under, 10 per cent; pensions of widow (or widower) and children reduced proportionately if they aggregate over 50 per cent. (c) When pensions to above heirs do not reach 50 per cent, dependent heirs in ascending line receive pensions, not to exceed 20 per cent of earnings of deceased, parents taking precedence over grandparents. (d) In computing pensions, the excess of the annual earnings over 1,200 florins ($487.20) is not considered. Compensation for disability. (a) Medical and surgical attendance for 20 weeks, paid by sick benefit fund. (6) For total temporary or permanent disability, 60 per cent of average daily wages of insured workmen in the locality, paid by sick benefit funds, from first to twenty-eighth day; and 60 per cent of average annual earnings of injured persons, after twenty-eighth day, paid by territorial accident insurance institutions. (c) For partial, temporary, or permanent disability, benefits consist of a portion of above allowance, but may not exceed 50 per cent of average annual earnings. (d) In computing payments, the excess of annual earnings over 1,200 florins ($487.20) is not considered. Revision of compensation. Reconsideration of the case may be undertaken by the insurance association of its own will, or upon petition. Insurance. Payments are met by mutual insurance associations of employers in which all employees are required to be insured. The country is divided into dis- tricts, with a separate association for each district. Security of payments. Operations of the insurance associations are conducted under the supervision of the minister of interior, who may increase the assessments. Settlement of disputes. Disputes are settled by arbitration courts composed of a judicial officer appointed by the minister of justice, two experts appointed by the minister of the interior, and one representative each of the employers and the employees. WOEKMEn's compensation laws — FOBEIGN COUNTBIES. 141 BELGirTM. Date of enactment. December 24, 1903; in effect July 1, 1905. Injuries compensated. All injuries by accident to employees in the couree of and by reason of the execution of the labor contract, causing death, or disability for over one week, unless intentionally brought on by the person injured. Industries covered. Practically all establishments in mining, quarrying, forestry work, manufacturing, building and engineering work, transportation, and telephone and telegraph servaces; establishments using mechanical motive power; industrial establishments ernploying five or more persons; agricultural and commercial estab- hshments employing three or more persons; industries designated by royal decree as dangerous. Other industries at option of employer. Persons compensated. Workmen and apprentices, and salaried employees exposed to the same risks as workmen whose annual salaries do not exceed 2,400 francs ($463.20). Government employees. Act covers employees of any public estabhshment engaged in industries enumerated above. Burden of ■payment. Entire cost of compensation rests upon employer. Compensation for death. (a) Funeral benefit of 75 francs ($14.48). ^ (6) A sum representing value of an annuity of 30 per cent of annual earnings of deceased, calculated upon basis of his age at death, to be distributed to — Dependent widow or widower, whole amount it no other heirs, four-fifths if one child under 16 years of age or one or more dependent heirs, three-fifths if two or more children. Children under 16 years of age, the residue. Dependent heirs in ascending line and descending line under 16 years of age, in absence of widow or widower or children under 16 years of age. Dependent brothers and sisters under 16 years of age in absence of heirs above enumerated. (c) Allowances in case of annual wages of 2,400 francs ($463.20) or more, or of 365 francs ($70.45) or less, are based upon those amounts, respectively. (d) Payments to widow and heirs in ascending hne are converted into life pensions, those to other heirs into pensions expiring at age of 16 years. Heirs may require one-third of capital value of life pensions to be paid in cash and ■ pension reduced accordingly. Compensation for disability, (a) Expense of medical and surgical treatment for not over six months. (6) If totally disabled, an allowance of 50 per cent of daily wages, beginning with day after accident. (c) If partially disabled, an allowance of 50 per cent of loss of earning power, beginning with day after accident. (d) If after three years disabihty is permanent, temporary allowance is replaced by life annuity. Victim may require one-third of capital value of pension to be paid in cash and pension reduced accordingly. («) Allowances in case of annual wages of 2,400 francs ($463.20) or more, or of 365 francs ($70.45) or less, are based upon these amounts, respectively. Revision of compensation. Bevision of compensation because of aggravation or dimi- nution of disability, or death of victim, may be made within three years. Insurance. Employers may transfer burden of payment of compensation to estab- lishment funds or approved insurance companies or to general savings and retirement fund. They may also transfer burden of payment of temporary allowances to mutual aid societies. Security of payments. Employers who have not relieved themselves of liability by insurance must make deposits of cash or securities or give real-estate mortgages to secure pension payments. To secure temporary disabihty payments of uninsured employers a state guaranty fund is maintained by a tax levied upon such employers . Settlement of disputes. The local justice of the peace has sole jurisdiction as a court of first resort over disputes arising under the act, and his judgment is final in all cases involving 800 francs ($57.90) or less. 142 workmen's compensation laws FOREIGN COUNTRIES. BRITISH COLTTMBIA. Date of enactment. June 21, 1902; in effect May 1, 1903. Injuries compensated. Injuries by accident arising out of and in the course of the employment which cause death or disable a worlsman for at least two weeks from earning full wages at the work at which he was employed, unless the injury is ' ' attribut able solely to the serious and willful misconduct or serious neglect" of the injured workman. Industries covered. Railways, factories, mines, quarries, engineering work, and buildings which exceed 40 feet in height and are being constructed or repaired by means of a scaffolding or being demolished or on which machinery driven by mechan- ical power is used for construction, repair, or demolition. Persons compensated. All persons engaged in manual labor or otherwise. Government employees. Act applies to civilian employees in. the service of the Crown, to whom it would apply if the employer were a private person. Burden of payment. Entire cost of compensation rests upon employer. Compensation for death. (a) A sum equal to three years' earnings, but not less than $1,000 nor more than $1,500, to those wholly dependent on earnings of deceased. (5) A sum less than above amount if workman leaves persons partially dependent on his earnings, the amount to be agreed upon by the parties or to oe fixed by arbitration, (c) Reasonable expenses of medical attendance and burial not exceeding $100 it deceased leaves no dependents. Compensation for disability, (a) A weekly payment during disability after second week, not exceeding 50 per cent of employee's average weekly earnings during the previous twelve months, such weekly payments not to exceed $10 and total liability not to exceed $1,500. (5) A weekly payment during partial disability after second week to be fixed with regard to the difference between employee's average weekly earnings before the accident and average weekly amoimt which he is earning or able to earn after the injury, (c) A lump sum may be substituted for the weekly payments, after six months, on the application of the employer, the amount to be settled, in default of agreement, by arbitration under the act. Revision of compensation. Weekly payments may be revised at request of either party. Insurance. Employers may contract with their employees for the substitution of a scheme of compensation, benefit, or insurance in place of the provisions of the act if the attorney general certifies that the scheme is on the whole not less favorable to the general body of employees and their dependents than the provisions of the act. In such case the employer is liable only in accordance with this scheme. Security of payments. When an employer becomes liable under the act to pay com- pensation and is entitled to any sum from insurers on account of the amount due to a workman under such liability, then in the event of the employer becoming bankrupt, such workman has a first claim upon the amount so due, and a judge of the supreme court may direct the insurers to pay such sum into any chartered bank of Canada to be invested or applied to payment of compensation. Settlement of dup^ites. Disputes arising under the act are settled hy arbitration of existing committees representative of employers and employees, or, if either party objects, by a sing:le arbitrator agreed upon by the parties, or, in the absence of agree- ment, by an arbitrator appointed by a judge of the supreme court. An arbitrator appointed by a judge of the supreme court has all the power of a judge of the supreme court. Questions of law may be submitted by the arbitrator for the decision of a judge of the supreme court. workmen's compensation laws — FOREIGN COUNTRIES. 143 BTJLGAEIA. According to the act of March 7, 1909, certaia industrial undertakings (i. e., those enjoying certain advantages conferred by this act) are bound to provide a special fund for the insurance of their workpeople against accidents or to insure them with one of the insurance companies of this country. The manner of providing such funds is to be fixed by the mmister of commerce and agriculture. The workpeople also contribute to the fimd by means of deductions from their wages. 144 WOBKMBn's compensation laws FOREIGN COUNTEIES. CAPE OF 600D HOPE. Date of enactment. June 6, 1905; in efteot September 1, 1905; amended August 31, 1906. Injuries compensated. All injuries to employees arising out of and in the course of the employment causing death or necessitating absence from work for more than three days and not being caused by or through the gross carelessness of the injured employee. Industries covered. Any trade, business, or public undertaking, on land or upon or within the territorial waters of the colony, except domestic, messenger, or errand service or employment in agriculture. Persons compensated. Employees, whether engaged in manual work or otherwise. Government employees. Act applies to civilian persons employed by or under the Crown to whom it would apply if employer were a private person. Burden of payment. Employer and every principal are jointly and severally liable for the compensations required under the act. Compensation for death. When death results from an injury for which a limip sum has not already been paid on account of permanent disability — (a) A lump sum not exceeding three years' wages of deceased, nor more than £400 ($1,946.60), to those wholly dependent upon the workman's earnings. (6) A lump sum not exceeding f 200(|973.30)tothosc partially dependent upon the workman's earnings; in the absence of persons totally dependent, the sum not to exceed the value of the support which they were receiving from the deceased, calculated for two years, (c) Temporary payments previously made not to be deducted from above sums unless they have continued longer than throe months. {d) Reasonable expenses of medical attendance and burial not exceeding £40 ($194.66) in case deceased leaves no dependents. Compensation for disability. (a) A sum not exceeding three years' wages, less any payments received under a provisional order of court, but not exceeding £600 ($2,919.90) in case of permanent total disability, and a smaller sum in jproportion to loss of earning power and not exceeding £300 ($1,459.95) m case of permanent partial disability. (6) A payment made, by order of the local magistrate, at the same intervals as the customary wage payments, not exceeding 50 per cent of wages received at time of the injury, nor £2 ($9.73) per week if the injury causes tempo- rary disability lasting more than three days. Revision of compensation. The provisional order may be set aside or altered by the magistrate, upon request of either partyj if justified by a further examination of the injured person or by production of additional evidence. Insurance. Employers may insure in a company or association against personal injury to the workmen employed by them or in their behalf. If the employer con- tributes toward a benefit society of which the injured or deceased person is a member, allowance is made for such contribution by the court in its order or judgment fixing amount of compensation to be paid. Security of payments. When an employer or principal is adjudged or admits liability under the act and is entitled to any sum from any insurers on account of such liability, then, in the event the employer becomes insolvent, the worker or his dependents have a first claim upon such sum. Settlement of disputes. Compensation in cases of disability is fixed provisionally for not more than six months by the local magistrate after receiving a physician's certificate of disability and holding an inquiry. No appeal can be taken from this preliminary order except against a finding on the question of gross carelessness and then only upon leave granted by the superior court. In case the injury results in death or permanent disability, the claimants have a right of action in the local magistrate's court for the amounts due under the law. In fixing the amount the court is required in every case to have regard to the workman's or the dependent's necessities. workmen's compensation laws FOREIGN COUNTRIES. 145 DENMABE. Date of enactment. January 7, 1898; in effect January 15, 1899; amended May 15, 1903; May 27, 1908. Sickness insurance, April 12, 1892.i _ Injuries compensated. All injuries by accident occasioned by the trade or its condi- tions, and causing either death or disability lasting over 13 weeks,^ unless brought on intentionally or through gross negligence of the victim. Industries covered. Practically all establishments in mining, quarrying, manufac- tures, building and engineering work, transportation, telephone and telegraph serv- ices, diving and salvage, establishments using mechanical power which makes them subject to factory inspection, agriculture, dairying, forestry, and horticulture, pro- vided the estate has a value of 6,000 crowns ($1,608) or over; other industrial estab- lishments designated by the minister of the interior. Persons compmsated. All workmen in mechanical and technical departments, in- cluding those in supervisory capacity whose annual earnings do not exceed 2,400 crowns ($643.20); 1,500 crowns ($402) in agriculture, etc. Government employees. Act applies to all employees of State and the communal governments in industries above indicated. Burden of payment. Entire burden of payment rests upon employer, except in agriculture, etc., where one-half is paid from the public treasury. Compensation for death, (a) Funeral benefit of 50 crowns ($13.40). (6) A lump sum equal to four times annual earnings of deceased, but not over 3,200 crowns ($857.60) nor less than 1,200 crowns ($321.60), to— Widow whole amount, if she survives. Child whole amount, if it be the only heir. Children, according to decision of insurance council, when there is no widow. If neither widow nor children, insurance council decides whether and how far other heirs receive compensation. Compensation for disability, (a) Prom end of thirteenth ^ week after accident until end of treatment, or until disability is declared permanent, a daily compensation of 60 per cent of earnings, but not less than 1 crown (27 cents) nor over 2 crowns (54 cents) for total disability, and a proportionate compensation for partial disability. (5) In case of permanent disability an indemnity of six times annual earnings, but not less than 1,800 crowns ($482.40) nor over 4,800 crowns ($1,286.40) for total permanent disability, and proportionate payments for partial permanent disability, (c) If employee suffering from permanent disability is a male between 30 and 55 years of age, he may demand purchase of an annuity. For men of other ages, or of unsound mind, or women and children, the insurance council may substitute an annuity. A scale of compensation differing from industrial occupations is provided for agri- cultural, etc., accidents. Revision of compensation. Determination of degree of permanent disability must be made as soon as possible after one year from date of injury. If this be not possible, a temporary determination may be made, but a redetermination may be demanded within two years following. Insurance. Employers may transfer obligation imposed by the law, by insuring their employees in authorized insurance companies or mutual employers' insurance associations. Security of payments. Where liability under the law has not been transferred by insurance, indemnity for disability is a preferred claim upon assets of employer. Settlement of disputes. Disputes concerning compensation, unless settled by mutual consent, must be referred to insurance council. Appeals may be had to the minister of interior. 1 Foreign workmen are covered by a special law of Apr. 1, 1912; seamen by act of 1905; fishermen by act of 1908. ' Voluntary sickness insurance law, Apr. 12, 1892, provides benefits for first 13 weeks for accidents causing disability. 22566°— S. Doc. 386, 63-2 ^10 146 workmen's compensation laws FOREIGN COUNTRIES. FINLAND. Date of enaetment. December g, 1895; in effect January 1, 1898; supplementary act, October 9, 1802. Injuries compensated. All injuries by accident during work, causing death or dis- ability for more than six days, except when brought on intentionally or through gross negligence of victim, intentionally by any other person than the one charged with supervision of the work, or caused by some other occurrence utterly independent of the nature or conditions of work. Industries covered. Mines, quarries, metallurgical establishments, factories, sawmills, industrial establishments using mechanical power, construction of churches and build- ings over one story high; construction and operation of water, gas, electric power plants, and operation of railroads; and maritime navigation. Persons compensaMd. All persons actuaUy employed at work, but not those super- vising only. Government em,ployees. Act applies to employment on the State and communal con- struction works and State railways. Burden of payment. Entire burden of payment rests upon employer. Compensation for death. In addition to any prior payments on account of disability, pensions to dependent heirs, from day of death, not exceeding 40 per cent of annual earnings of deceased, to — (a) Widow, 20 per cent, until death or remarri^e; in latter case a final sum equal to two annual payments. (5) Each child until the age of 15 years, 10 per cent, if one parent survives, and 20 per cent if neither parent survives, (c) In computing pension, earnings of workman to be considered not over 720 marks ($138.96) nor under 300 marks ($57.90); but no adult employee to receive a pension greater than his actual earnings. Compensation for disability, (a) A pension equal to 60 per cent of employee's earnings for total disability, or a Eension proportionate to the degree of incapacity for partial disability, to e paid from day of recovery from illness due to injury, or after 120 days have elapsed since injury. (6) Pension may by mutual consent be replaced by single payment, if it does not exceed 20 marks ($3.86) annually, (c) In computing pension, earnings of workman to be considered not over 720 marks ($138.96) nor under 300 marks ($57.90); but no adult employee to receive a pension greater than his actual -earnings. {d) In cases of temporary disability (including all cases of disability for 120 days after injury) daily compensation of 60 per cent of earnings, beginning with seventh day after accident, for complete temporary disability, and a pro- portionate compensation for partial disability; but not more than 2.50 marks (48 cents) per diem, (c) Until recovery, injured employee may be given treatment in a hospital in lieu of other compensation; during such treatment his wife and children get a compensation equal to pension in case of death. Revision of compensation. Demands for revision of compensation may be made by either party before proper court. _ Insurance. Employers are required to transfer the burden of payment of compensa. tion to a governmental insurance office, private insurance company, mutual employers' insurance association, or approved foreign insurance company, unless unable to obtain such insurance or released from this obligation on presentation of satisfactory guar- antees. Security of payments. When exempted from the duty of insuring his employees, or unable to obtain insurance, the employer must guarantee payment of pension to the injured workman or his family by arrangement with a private insurance company. Settlement of disputes. In case of absence of insurance or dissatisfaction with decision of insurance company, injured employee or his dependent may carry the case into the inferior court of the locality. 8 workmen's COMPElirSATION LAWS — FOEEIGN COUNTRIES. 147 FBAITCE. Date of enactment, April 9, 1898; in effect July 1, 1899; amendatory and supple- mentary acts March 22, 1902, March 31, 1905, April 12, 1906, July 18, 1907, and March 26, 1908.^ < > f , , y , , ^ Injuries compensated. All injuries by accident to workmen or salaried employees during or on account of labor causing death, or disability for five or more days, unless produced intentionally by the victim. If due to inexcusable fault of victim or of employer, compensation may by a court order be decreased or increased, but not exceeding actual earnings of victim. Industries covered. Building trades, factories, workshops, shipyards, transp6rtation by land and water, public warehouses, mining and quarrying, manufacture or handling of explosives, agricultural and other work using mechanical power, and mercantile establishments; other industries on request of both parties. Persons compensated. All workmen and salaried employees. Government employees. Law applies to State, departmental, and communal establish- ments when engaged in industries enumerated above. Burden of payment. Entire cost of compensation falls upon employer. Compensation for death. Funeral expenses not exceeding 100 francs (119.30). Pensions to dependent heirs not exceeding 60 per cent of annual wages of deceased, distributed to — "Widow or widower, 20 per cent until death or remarriage, in which latter case a final sum equal to three annual payments. Children under 16 years of age if one parent survives— 15 per cent if there is but one child; 25 per cent if there are two children; 35 per cent if there are three children; 40 per cent if there are four or more children. Each child under 16 years of age if neither parent survives, 20 per cent. Each ascendant and each descendant under 16 years of age dependent upon deceased, if no widow or children survive, 10 per cent, the aggregate not to exceed 30 per cent, (c) If annual wages exceed 2,400 francs ($463.20), only one-fourth of the excess is considered in computing pensions. Compensation for disability, (a) Expenses of medical or surgical treatment. (6) If permanently disabled, a pension of 66f per cent of annual wages for total disability and of one-half loss of earning capacity for partial disability; or if demanded, one-fourth the capital value of pension in cash, the pension to be reduced accordingly. (c) If temporarily disabledj an allowance of 50 per cent of daily wages, beginning with fifth day, and including Sundays and holidays, unless disability lasts more than ten days, when payments become due from the first day. (d) If annual wages exceed 2,400 francs ($463.20), only one-fourth of the excess is considered in computing pensions. («) Payments of pensions of not over 100 francs ($19.30) per annum may, by mutual consent when beneficiary is of age, be replaced by a cash payment. Revision of compensation. Revision of compensation because of aggravation or diminution of disability of victim may be made within three years. Insurance. Employers may transfer burden of payment of compensation to approved mutual aid, accident insurance, or guaranty associations, or in case of pensions, to national accident insurance or national old-age pension funds. Security of payments. The State guarantees against loss of pension payments on account of insolvency of employers or insurance organizations, and is reimbursed by a special tax on employers within scope of the act. For temporary disability payments, medicines and medical or surgical attendance, and funeral expenses the victim, his creditors, or representatives have a preferred claim on property of employer. Settlement of disputes. Disputes as to pensions or involving more than 300 francs ($57.90) maybe carried into higher civil courts. Judgment of local justice of the peace is final in other cases. 1 Special laWoovering seamen (December 29, 1905; amended July 13, 1911) provides different system and scale of compensation from tliat above 148 workmen's compensation laws ^FOREIGN COUNTRIES. GERMANY. Date of enactment. Code of July 19, 1911; in effect January 1, 1913, replacing pre- vious laws (July 6, 1884; supplementary acts of May 28, 1885, May 5, 1886, July 11 and July 13, 1887; and a codification enacted June 30, 1900). Injuries compensated. Injuries by accident in the course of the employment, causing death, or disability for more than three days, unless caused intentionally by the injured and his survivors. Compensation may be refused or reduced if injury was received while committing an illegal act. Industries covered. Mining, salt works, quarrying, and allied industries, factories, manufac^ture of explosives, production or distribution of electric power, shipyards, smelting works, building trades, breweries^ pharmacies, tanneries, bathing establidi- ments, chimney sweeping, wiadow cleaning, butchering, fish culture, ice cutting, transportation, expressing, hauling, and storage, agriculture, forestry and fisheries. Persons compensated. All workmen and apprentices; those establishment oflScials whose annual earnings are less than 5,000 marks ($1,190). With the approval of the Federal Council the law may be extended to other classes. Government employees. Act covers Government employees in postal, telegraph, and railway services and in iadustrial enterprises of Army and Navy, unless otherwise provided for. Burden of payment. Medical and surgical treatment for 91 days and benefit payments from beginnmg of fourth to ninety-&st day are provided by sick-benefit funds, to which employers contribute one-third and employees two-thirds; from beginning of twenty-ninth to ninety-first day payments are increased by one-third at expense of employer in whose establishment accident occurred; after ninety-first day, and in case of death from injuries, expense is borne by employers' associations supported by contributions of employers. Compensation for death, (a) Funeral benefits of one-fifteenth of annual earnings of deceased, but not less than 50 marks ($11.90). (5) Pensions to dependent heirs not exceeding 60 per cent of annual earnings of the deceased, as follows: Widow, 20 per cent of annual earnings until death or remarriage; in latter case a final sum equal to three annual payments; dependent widower, 20 per cent of annual earnings; each child 15 years of age or under, 20 per cent; payments to consort and to children to be reduced proportionately if the total would exceed 60 per cent; dependent heirs in ascending line, 20 per cent or less, it there is a residue after providing for above heirs; orphan grandchildren, 20 per cent or less, if there is a residue after providing for above heirs. (c) If annual earnings exceed 1,800 marks ($428.40), only one-third of excess is considered in computing pensions. Compensation for disability. (a) Free medical and surgical treatment paid first 13 weeks by sick benefit funds and afterwards by employers' associations. (6) For temporary or permanent total disability, 50 per cent of daily wages of persons similarly employed, but not exceeding 3 marks (71 cents), paid by sick benefit funds from beginning of fourth day to end of fourth week; from fifth to end of thirteenth week, above allowance by sick benefit fund, plus 16f per cent contributed by employer direct; after 13 weeks, 66§ per cent of average annual earnings of injured person paid by employers' associations. (c) For complete helplessness necessitating attendance, payments may be ifl- creased to 100 per cent of annual earnings. (d) For partial disability, a corresponding reduction in payments. (e) If annual earnings exceed 1,800 marks ($428.40), only one-third of excess is considered in computing pensions. Revision of payments. Whenever a change in condition of injured person occurs, a revision of benefits may be made. Insurance. Payments are met by mutual insurance associations of employers, in which all employees are required to be insured at the expense of employers. Separate associations have been organized for each industry. Security of payments. Solvency of employers' association is guaranteed by the State. Settlement of disputes. Disputes are settled by the "superior insurance offices,'' composed of Gfovernment officials and an equal number of representatives of employers and employees. /< WOBKMEn's compensation laws — FOREIGN COUNTRIES. 149 GBEAT BRITAIN. Date of enactment. December 21, 1906; in effect July 1, 1907, replacing acts of August 6, 1897, and July 30, 1900. Injuries compensated. Injuries by accident arising out of and in the course of the employment which cause death or disable a workman for at least one week from earn- ing full wages at the work at which he was employed. Compensation is not paid when injury is due to serious and wilhul misconduct, unless it results in death or serious and permanent disablement. Industries covered. "Any employment."- Persons compensated. Any person regularly employed for the purposes of the employ- er's trade or business whose compensation is less than £250 ($1,216.63) per annum; but persons engaged in manual labor only are not subject to this limitation. Government employees. Act applies to civilian persons employed under the Crown to whom it would apply if the employer were a private person. Burden of payment. Entice cost of compensation rests upon employer. Compensation for death. (a) A sum equal to three years' earnings, but not less than £150 ($729.98) nor more than £300 ($1,459.95), to those entirely dependent on earnings of deceased. (6) A sum less than above amount if deceased leaves persons partially dependent on his earnings, amount to be agreed upon by the parties or fixed by arbi- tration, (c) Reasonable expenses of medical attendance and burial, but not to exceed £10 ($48.67) if deceased leaves no dependents. Compensation for disability. (a) A weekly payment during incapacity of not more than 50 per cent of em- ployee's average weekly earnings during previous twelve months, but not exceeding £1 ($4.87) per week; if incapacity lasts less than two weeks no payment is required for the first week. (5) A weekly payment during partial disability, not exceeding the difference between employee's average weekly earnings before injury and average amount which he is earning or ia able to earn after injury. (c) Minor persons may be allowed full earnings during incapacity, but weekly payments may not exceed 10 shillings ($2.43). (d) A sum sufficient to purchase a life annuity through the Post-Office Savings Bank of 75 per cent of annual value of weekly payments may be substi- tuted, on application of the employer, for weekly payments after six months; but other arrangements for redemption of weekly payments may be made by agreement between employer and employee. Revision of compensation. Weekly payments may be revised at request of either party, under regulations issued by the secretary of state. Insurance. Employers may make contracts with employees for substitution of a scheme of compensation, benefit, or insurance in place of the provisions of the act, if the registrar of friendly societies certifies that the scheme is not less favorable to the workmen and their dependents than the provisions of the act, and that a majority of the workmen are favorable^ to the substitute. The employer is then liable only in accordance with the provisions of the scheme. Security of payments. In case of employer's bankruptcy, the amount of compensa- tion due under the act, up to £100 ($486.65) in anyindividual case, is classed as a preferred claim; or where an employer has entered into a contract with insurers in respect of any liability under the act to any workman, such rights of the employer, in case he becomes bankrupt, are transferred to and vested in the workman. Settlement of disputes. Questions arising under the law are settled either by a com- mittee representative of the employer and his workmen, by an arbitrator selected by the two parties, or, if the parties can not agree, by the judge of the county court, who may appoint an arbitrator to act in his place. 150 workmen's compensation laws POEEIGN COUNTRIES. 6BEECE. Date of enactment. February 21 (March 6), 1901; in effect (retroactively) December 20, 1900 (January 2, 1901]. Injuries a/m'pensated. All injuries by accidents during or because of the employ- ment and causing death or disability lasting more than four days, unless brought on intentionally by the injured person. Industries covered. Mines, quarries, and metallurgical establishments. Persons compensated. All workmen and subordinate salaried persons. Government employees. No mention of Government employees is made in the law. Burden of payment. Employer carries full burden of payment of indemnities during first three months; after three months half the payments of pensions are contributed by the miners' fund, which is mainly supported by a tax on the mines and metal- lurgical establishments, but partly by contributions from the workmen's mutual aid societies in these establishments and some minor sources. Compensation for death. (a) If death occurs immediately or within three months: (1) Funeral expenses amounting to 60 drachmas ($11.58); (2) pensions to heirs aggregating pen- sion paid for total disability. (h) If death occurs three months afterinjury or later, pensions to heirs aggregat- ing 75 per cent of pension paid during life of the injured, (c) All pensions to heirs are distnbuted as follows: Equal share to widow and children, or, in absence of widow and children, equal share to father and mother. {d) Pension to widow ceases on her remarriage; to male children at 16 years of age; to female children on their marriage, with payment of one year's pension as a dowry, (c) If only one heir survives, he is entitled to only one-half of original pension. Compensation for disability. (a) Free medical and surgical treatment. (b) An allowance of 50 per cent of earnings oi injured employee during first three months. (c) If permanently disabled, a pension of 50 per cent of earnings in case of total disability (including loss of a hand or foot) ; in case of partial disability, a pension of 33J per cent of earnings, pension payments to begin after end of third month. (d) Pension may not exceed 100 drachmas ($19.30) per month plus 25 per cent of the excess of computed pension over 100 drachmas ($19.30). («) In computing pension of apprentices and children, no wage is to be considered less than 2.50 drachmas (48 cents) per day. Revision of compensation. Injured employee may present a new petition, or the council of the miners' fund may order a new examination, whenever there is reason to believe that changes have occurred in the degree of disability. Insurance. No provision is made by the law for the transfer of the burden of payment of compensation by insurance. Security of payments. The miners' fund guarantees payment of pensions and other allowances, and has preferred claim upon employer's assets in cases of dissolution or forced sale of establishments, and also in case of voluntary transfer, unless the new proprietor assumes the obligations under the law. Settlement of disputes. Amount of pension is settled by the council of the miners' fund, and appeals against its decisions may be carried into the ordinary courts. 8 workmen's compensation laws — FOREIGN COUNTEIES. 151 HUNGABY. Date of enactment. April 9, 1907; in effect July 1, 1907. Injuries compensated. Injtiries by accident in the course of the employment causing death, or disability for more than three days. Injuries caused intentionally are not compensated unless fatal. Industries covered. All factories subject to inspection^ mines, quarries, metallurgical establishments, building trades, lumbering, construction work, shipbuildiag, alaugh- lerhouses, pharmacies, sanatoria, theaters, institutes of art and science.' Persons compensated. All employed in industries enumerated. Government employees. Act covers Government employees in State,,munlcipal, and communal industries enumerated above. Burden of paymerit. All benefits and cost of treatment for first ten -weeks provided by sick funds to which employers and employees contribute equally. Beginning with eleventh week entire cost is defrayed by employers through the accident fund. Compensation for death. Fimeral benefit of twenty times average daily wages. Pensions to heirs not exceeding 60 per cent of annual earnings of deceased, as follows — Widow, 20 per cent of annual earnings until death or remarriage; in latter case a final sum equal to 60 per cent of annual earnings; or to dependent widower 20 per cent during dosability. Each child 16 years of age or under, 15 per cent if one parent survives, 30 per cent if neither survives; payments to consort and children reduced proportionately if they aggregate more than 60 per cent. Dependent parents and grandparents if there is a residue after providing for above heirs, 20 per cent or less. Dependent orphan grandchildren 15 years of age or imder, if there is a residue after providing for above heirs, 20 per cent or less, (c) Where both parties were insured and both die as result Of accident the pension is based on the earnings of the one receiving the highest wages. {d) In computing pensions the excess of annual earnings above 2,400 crowns ($487.20) is not considered, (e) Pension is allowed after the child has completed the sixteenth year if needed to enable him to complete his education. Compensation for disability. (a) Free medical and surgical treatment provided first ten weeks by sick fund, and afterward by accident fund. (6) Por temporary or permanent total disability, 50 per cent of average daily wages but not exceeding 4 crowns (81 cents) for first ten weeks, provided by sick fund; beginning with eleventh week, 60 per cent of average annual earnings, provided by accident fund. (c) For complete helplessness necessitating attendance payments may be in- creased to 100 per cent of annual earnings. (d) For partial disability a corresponding portion of full pension. (c) In computing pensions the excess of annual earnings above 2,400 crowns (1487.20) is not considered. Revision of compensation. Whenever a change in condition of injured person occurs the accident fund or the injured person may ask for a revision of the benefits. Insurance. Payments are met by a State insurance institution, in which all em- ployees are required to be insured at the expense of employers. Security of payments. Guaranteed by the State. Settlement of disputes. Disputes are settled by arbitration courts, consisting of a presiding judge and an equal number of representatives of workmen and employers. ■ Employers in certain industries, agriculture, domestic service, and certain small landholders, each having on income ofnot over 1,000 crowns ($203) niay take ctat voluntary insurance under the act. 152 WORKMKN's compensation laws FOREIGN COUNTRIES. ITALY. Date of enactment. March 17, 1898; in effect September 17, 1898. Amended June 29, 1903. Promulgated in codified form January 31, 1904. Supplementary acts, July 11, 1904, December 14, 1905, and July 14 1907. Injuries compensated. All injuries sustained, by workmen or salaried employees during or on account of labor. If due to willful misconduct, employer may be reim- bursed tbrough. criminal action. Industries covered. Mines (including sulphur mines), quarries, building trades; light, heat, and power plant; arsenals; maritime construction work; transportation; industries requirmg the use of handling of explosives; all industrial or agricultural work in proxmiity to power machinery; where more than five persons are employed in engineering construction work; operation for protection against landslides, floods, hailstorms; logging and timber rafting, and shipbuilding; maritime navigation. Persons compensated. All workmen and apprentices and overseers receiving not more than 7 lire ($1.35) per day and paid at intervals of one month or less. Government employees. Act applies to employment in State, provincial, and com- munal industries enumerated above unless specially provided for, to work performed for a Government institution under contract or concession, and to officials and work- men employed in the postal and telegraph service and the telephone service. Burden of payment. Entire cost of compensation rests upon employer". Compensation for death. If within two years after the accident, five times annual wages of deceased workman, with a maximum of 10,000 lire ($1,930), distributed to — (a) Surviving consort two-fifths of indenmity if there are children; one-half of indemnity if there are dependent ascendents; three-fifths of indemnity if only dependent brothers or sisters; entire indemnity in absence of heirs enumerated. Children, amounts sufficient to purchase an annuity of equal amount for each child, under 12 years of age, and one-half of such annuity for each child from 12 to 18 years of age. Each dependent parent or grandparent, if there are no children, annuity of equal amount for life. Dependent brothers or sisters less than 18 years of age or incapable of per- forming labor by reason of a mental or physical defect, if there are no children or dependent ascendants, annuities distributed upon same principle as in case of children. (6) In absence of heirs indemnity is turned into a special fund for immediate aid to injured, payment of indemnities for insolvent employers, and prevention of accidents. Compensation for disability. (a) Cost of first medical and surgical treatment. (b) An indemnity in case of permanent disability of six times annual earnings, but not less than 3,000 lire ($579) if totally disabled, and six times &.e loss of annual earning capacity if partially disabled, earnings in latter case to be considered as not less than 500 lire ($96.50). (c) A daily allowance in case of temporary disability of one-half the wages of injured workman, payable for not more than three months, if totally dis- abled, and equal to one-halt the reduction in wages occasioned by the injury, if partially disabled. Revision of compensation. Both workman and insurer may ask for a revision of compensation within two years after accident. Insurance. Employers must insure their employees in (a) the National Accident Insurance Fund, (b) an authorized insurance company, (c) an association of employ- ers for mutual insurance against accidents, or (d) a private employers' insurance fund. Security of payments. Payments are guaranteed by State. Settlement of disputes. In cases of dispute concerning temporary disability pay- ments, the council of prudhommes or the pretor of the locality in which the accident occurred has authority to sit in final judgment if amount involved does not exceed 200 lire ($38.60). Disputes involving larger amounts are referred for settlement to the local magistrates. "workmen's compensation laws — FOEBIGN OOUNTBIES. 153 JAPAN. According to the factory act of March 28, 1911, where any workman, through no serious fault of his own, ia injured, falls ill, or dies in the course of his work, it shall be the duty of the owner of the factory to maintain him or his family in accordance with provisions to be issued by imperial decree. This act and orders in conformity therewith is to apply also to State enterprises and factories. 154 woekmen's compensation laws — foreign counteies. LIECHTENSTEIN. Date of enactment. April 30, 1910; in effect January 1, 1911. Injuries compensated. All injuries resulting from accidents causing death or dis- ability. Industries covered. All undertakings in which more than 10 persons are employed who are especially exposed to danger, and in particular in quarries, building enter- prises, and others in which engines or steam boilers are used. Persons compensated. The whole staff of working people. Government employees. No mention is made of Government employees in the laW. Burden of payment. The entire burden of payment rests upon the employer. Compensation for death, (a) A sum equal to 1,000 times daily wage, payable to dependents (widow, wid- ower, children under 16 years of age or permanently incapable of self- support) . If the deceased leaves no widow or children a sum equal to 500 times the daily wage shall be paid to the dependent father or mother. _ (6) In special circumstances a lump sum may be converted into a corresponding pension payable to the dependents. Compensation for disability, (a) Funeral benefit of 40 crowns ($8.12) payable to dependents. (6) Free medical treatment and medicines from date of injury; a weekly allow- ance, not to exceed 20 weeks, equal to 50 per cent of the average wages over a period of 8 weeks, but not less than 1.20 crowns (24.4 cents) per day for male adults, 1 crown (20.3 cents) per day for adult female persons, and 0.80 crown (16.2 cents) per day for young persons, or free treatment and nursing in hospital. In such case one-half the benefits are paid to the family of the injured person. A pension of 90 per cent of wages payable during treatment may be substituted. (c) A lump sum equal to 1,000 times the daily wages of the injured person if totally incapacitated, or a proportionately smaller one if partially inca- pacitated. (d) The lump-sum payment may be converted into a corresponding pension. Revision of payments. There is no specific provision in the law for any revision of payments. insurance. Insurance may be effected with any approved domestic or foreign institution. Security of payments. Every insurance company accepting this class of risk must be approved in Liechtenstein. workmen's compensation laws FOREIGN COUNTRIES. 155 LUXEMBURG. Date of enactment. April 5, 1902 ; in effect April 15, 1903. Amendatory acts, Decem- ber 23, 1904, and April 21, 1908. Sick insurance law enacted July 31, 1901. Injuries compensated. All injuries by accident during or because of the employ- ment resulting in death, or disability for more than three days, unless caused inten- tionally by the victim or during the commission of an illegal act. Industries covered. Mines, quarries, manufactories, metallurgical establishments; gaa and electric works; transportation and handling; building and engineering con- struction; and certain artisans' shops having at least five employees regularly and using mechanical motive power. By administrative order other establishments may become subject to the law if regarded dangerous. Persons compensated. All workmen; those supervising and technical officials whose annual earnings are less than 3,750 francs ($723.75). Certain other classes of persona may be voluntarily insured. Government employees. Act applies to Government telegraph and telephone services, public works conducted by public agencies, and other governmental industrial estab- lishments, unless other provisions are made for pensioning employees. Penal insti- tutions are not included. Burden of payment. Benefits and cost of treatment first thirteen weeks provided by sick-benefit funds, to which employers contribute one-third and employees two- thirds, if injured person is insured against sickness; if not, because employed less than one week, by an accident insurance association, supported by contributions of employers; if not insured for other reasons, by the employer direct; all benefits and treatment after thirteen weeks paid by accident insurance association. Compensation for death. (a) Funeral expenses, one-fifteenth of the annual earnings, but not less than 40 francs (17.72) nor more than 80 francs ($15.44). (b) Pensions, not to exceed 60 per cent of earnings of deceased, to — Widow 20 per cent until death or remarriage; in the latter case a lump sum equal to 60 per cent; same payment to a dependent widower. Each child 20 per cent until 15 years of age, even if father survives, provided he abandoned them, or the mother who was killed was their main support. Dependent heirs in an ascending line, 20 per cent. Dependent orphan grandchildren, 20 per cent until 15 years of age. Widow and children have the preference over other heirs, (c) If annual earnings exceed 1,500 francs ($289.50) only one-third of excess ia considered in computing pensions. Compensation for disability, (ai Entire cost of medical and surgical treatment. (b) For temporary or permanent total disabihty, from third day to end of fourth week, 50 per cent, and from fifth to end of thirteenth week, 60 per cent of wages or persons similarly employed; after thirteen weeks, 66f per cent of annual earnings of injured person. If requiring personal attention or care, 100 per cent during such disability. (c) For partial disability a portion of above (depending upon degree of disability), which may be increased to fuU amount, as long as injured employee is without employment. {d) Lump-sum payments may be substituted for pensions when degree of disa- bility is not greater than 20 per cent. (e) If annual earnings exceed 1,500 francs ($289.50), only one-third of excess is considered in computing pensions. (f) Special treatment, if earning capacity would be increased by it. (g) Special relief to injured person, or his dependents, when hospital treatment is- necessary. Revision of compensation. Demands for change of amount of compensation may be made within three years. Insurance. Payments are met by mutual accident insurance association of employ- ers, in which all employees must be insured at expense of employers. Security of payments. Insurance association conducted imder State supervision. Settlement of disputes. Appeals from the decisions of the association may be carried within forty days to a justice of the peace, who is required to invite two delegates, representing employer and employee, to assist in an advisory capacity. Further appeals may be taken to the higher courts. 156 WOEKMBHr's COMPENSATION LAWS FOREIGN COUNTRIES. MANITOBA. Date of enactment. March 16, 1910; in effect January 1, 1911. Injuries compensated. Those arising out of and in the course of employment, or while attempting to rescue a fellow workman in danger while on emplojrer's premises, caus- ing death or disability for more than two weeks. Excepted are injuries due tg; drunk- enness of the employee and those caused by gross negligence or intention resuffing in incapacity. In case of permanent disability or death a claim for compensation shall not be disallowed because of such serious or willful misconduct alone. Industries covered. All trades or business employing five or more persons in the one establishment at the time of the accident, or usually so doing. Agriculture and domestic service not included. Persons compensated. Any person employed in any employment to which this act applies, excluding those employed at other than manual labor who have annual earnings exceeding $1,200 or who are casual laborers. Apprentices, whether at manual labor or in a clerical position, are included. Government employees. State and municipal eihployees are included in the insurance. Burden of payment. The employer bears the entire cost of compensation, but if there are contractors, then on such contractors and principal jointly and severally. Compensation for death. (o) To persons entirely dependent upon the deceased workman, a sum not exceed- ing $1,500, less any weekly payments made in accordance with this act and any lump sum paid in redemption thereof. (6) To persons partly dependent, in default of persons entirely dependent, such sum as may be agreed upon or decided by arbitration to be reasonable and proportionate to the injury suffered, but not more than $1,500. (c) In case no dependents entitled to compensation reside in the Province, the reasonable expenses of medical attendance and burial, not exceeding $100. Compensation for disability. For total or partial incapacity of a journeyman working at his trade a weekly payment after the first two weeks not exceeding 50 per cent of the average wages lost, average wages to be average of preceding 12 months or shorter period; one not a journeyman working at his trade shall only oe entitled to 25 per cent of such loss if the accident occurs during the first month of his employment, 40 per cent if during the second, and 50 per cent thereafter. No compensation for disability_ to exceed $10 per week for adults, $6 per week to an apprentice, and total compensation not to exceed $1,500 in any one case. A lump sum may be substituted for the weekly payments after sis months, on the application of the emploj^er, the amount to be determined by the court, but no such sum shall exceed $1,500, including amount already paid as weekly payments. Revision of compensation. Weekly payments may be revised at the request of either party. Insurance. The einployer may contract for insurance in any scheme of insurance granting equal benefits, or one granting equivalent additional voluntary insurance made by reason of contributions paid by employees, providing a majority of the employees assent and the attorney general certifies the competency of the scheme. Security of payments. In case of employer's bankruptcy the amount of compensation due under the act, up to $500 in any_ individual case, is a first claim, or, when an employer has entered into a contract with any insurers in respect of any liability under the act to any workman, such rights of the employer shall be transferred to and vested in the workman. Settlement of disputes. Disputes, if not settled by agreement or by the arbitration committee, shall be settled oy a single arbitrator agreed on by the parties. If no arbitrator is agreed upon or no agreement reached, the dispute is settled by the court. workmen's compensation laws — FOREIGN COUNTRIES. 157 MEXICO: NUEVO LEON. Dateof enactment. 'Novemhei 9,1906. Injuries compensated. Injuries to employees and workmen in specified enterprises arising in the course of or out of their emplojrment. Injuries caused by force majeure, gross' Carelessness, serious misconduct, or intentionally by injured person are not compensated. Irmastries covered. Factories, workshops, and industrial enterprises employing me- chanical power; mines and quarries; construction, repairing, and maintenance of bridges, canals, waterworks, embankments, rail, tiam, and underground railways, etc.; building trades, smelting and engineering works; loading and unloading; indus- tries in which injurious, poisonous, explosive, or inflammable substances are manu- factured; agricultural works where mechanical power is used; cleaning of wells and sanitary appliances and sewers; gas, electrical, telephone and. telegraph enterprises; and all other similar enterprises. Persons compensated. All employees and workmen. Government employees. Government employees are not mentioned in the law. Burden of payment. Cost of compensation rests entirely upon the employer, unless a third person is proved liable, in which case the employer may recover from the third party. Compensation for death. (a) Costs of medical treatment and medicine, not exceeding 6 months, to be de- ducted from survivors' benefits when death intervenes, and funeral ex- penses. (5) To survivors (husband or wife, descendants under 16 years of age, also parents, grandparents, great grandparents, etc., if dependent) whole amount of the deceased's wages, as follows: (1) For two years if deceased leaves a husband or wife and children or grand- children. (2^ For 18 months it deceased leaves children or grandchildren. (3) For one year if deceased leaves husband or wife only, but in case of the hus- band when incapacitated only. (4) For 10 months if the deceased leaves parents, grandparents, or great grand- parents. If the widow or widower remarry, the compensation ceases, but in that case the children or grandchildren shall receive compensation till the expiration of the pre- scribed period (18 months). If the widow survives she shall be paid compensation for one year in respect of any children or grandchildren who complete their sixteenth year within that period. Compensation fvr disability, (a") Medicine and medical treatment for injured person for 6 months. (5) For temporary total incapacity, compensation amounting to full wages from date of accident and during such incapacity. (c) For temporary partial incapacity compensation according to circumstances, at 20 to 40 per cent of such wages diiring incapacity. (d) For permanent total incapacity full wages during a period of 2 years. Revision of compensation. No revision of compensation is provided for. Insurance. No provision is made by the law for the transfer of the burden of payment of compensation by insurance. Security of payments. There is no guaranty provided by the law. Settlement of disputes. Every judge of the first instance is authorized to take cog- nizance of claims for compensation, and appeals from the judgment may be taken to the final court of appeals. 158 workmen's compensation laws — foreign countribs. MONTENEGRO. An act relating to concessions to national trade and for the promotion of industry under date of February 18 (March 3), 1911, provides that any industry desirous of re- ceiving the benefit of the enumerated concessions shall be required to establish a workers' fund to which the workers shall contribute 65 per cent of the funds necessary, and the employers 35 per cent. The proper minister has supervisory control over tlua fund. WOEKMEN B OOMPEKSATIOK LAWS— FOBEIGN COXJNTEIES. 159 NETHERLANDS. Date of enactment. January 2, 1901, in effect June 1, 1901. Other acts February 3 and December 8, 1902; amended January 13, 1908, February 13, June 12 and 30, July 1, 1909, July 15, 1910, and February 11, 1911. Injuries compensated. All injuries caused by accident in the course of the employ- ment and causmg death or disability for over two days, unless brought on intentionally. If due to intoxication, compensation is reduced one-half, and if death results no com- pensation is paid. Industries covered. Practically all manufacturing, mining, quarrying, building, engineering construction, and transportation; fishing in internal waters; establish- ments using mechanical motive power, or explosive or inflammable materials, and mercantile establishments handling such materials. Persons compensated. All workmen, including apprentices. Government em,ployees. All State, provincial, and commimal employees are included when engaged in any of the industries enumerated. Burden of payment. The entire expense rests upon the employer. Compensation for death. (a) Funeral benefit of thirty times average daily earnings of deceased. (6) Pensions to heirs of not over 60 per cent of earnings of deceased, distributed to— Widow, 30 per cent of earnings, until death or remarriage, in latter case two years' payments as a settlement; or to dependent widower, a pension equal to coat of support, but not over 30 per cent of earnings of deceased. Each childunder 16 years of age, 15 per cent if one parent sxnrvives, and 20 per cent if both are dead. Dependent parents, and in their absence to grandparents, not over 30 per cent. Orphan grandchildren, not over 20 per cent. Dependent parents-in-law, not over 30 per cent. Widow and children to be preferred over all other heirs, and their respective shares to be reduced proportionately when aggregating over 60 per cent, (c) In computing pensions, wages higher than 4 florins (|1.61) per daiy are to be considered as of that amount. Compensation for disability. Free medical and surgical treatment, or its cost. From day after injury imtil forty-third day, an allowance of 70 per cent of daily earnings, excluding Sundays and holidays. (c) From forty-third day a pension of above amount during total disability and a smaller pension in proportion to loss of earning power if partially disabled. (d) In computmg pensions, wages higher than 4 florins ($1.61) per day are to be considered as of that amount. Revision of compensation. An examination of condition of victim may be made whenever the Royal Insurance Bank so desires. Insurance. Employers may insure their employees in the Royal Insurance Bank (a State institution), in a private company or association operating under State super- vision, or they may carry the burden themselves. If not insured in the Royal Insur- ance Bank, a sufficient guarantee must be deposited with the latter. Employers must bear a proportionate share of the expense of administration of the Royal Insurance Bank, whether they insure in it or not. Security of payments. Compensation payments are guaranteed by the State. Settlement of disputes. Appeals may be taken from decisions of the Royal Insurance Bank to local arbitration councils, in which employers and employees are equally represented, and from them to a central arbitration council whose decisions are final. 8 160 workmen's OOMPBKSATION laws FOREIGN COUNTRIES. NEWFOUNDLAND. DaU 0/ enactment. Februarjr 18, 1908; in effect July 1, 1908. Injuries compensated. All injuries caused by accident arising out of and in tlie course of employment causing death, or disability for at least one week, except when due to serious and willful misconduct of the workman injured. Industries covered. Bailways, factories, mines, quarries, engineering work, erection or repair of buildings over 25 feet in height, by means of scaffolding, or by use of mechanical power. Persons compensated. All employees. Government employees. All employees of the State to whom the law would apply if they were under private employment. Burden of payment. Entire cost rests upon the employers. Compensation for death, (a) A sum equal to three years' earnings, but not less than $750 nor more than $1,500, to those entirely dependent on earnings of deceased. (6) A sum not in excess of $1,500, as may be agreed upon or determined to be reasonable and proportionate, to those partially dependent, (c) Eeasonai)le expenses of medical attendance and burial not exceeding $50 if deceased leaves no dependents. Compensation/or disability. A weekly payment, including the &st week of disa- bility if disability lasts two weeks or over, not exceeding 50 per cent of employee's earnings during the previous 12 months, but not exceeding $5 per week. After six months, upon application of the employer, alumpsum maybe substituted for weekly payments, to be determined in default of agreement by the court. Revision of compensation. Weekly payment may be reviewed at the request of either party. Insurance. Employers may make contracts *ith employees for substitution of an officially approved scheme of compensation benefits or insurance in place of the pro- visions of this act, provided the scheme is not less favorable to the employees than the provisions of this act, and a majority of the workmen are favorable to such substitution. Security of payments. In case of employer's bankruptcy the amount of compensation due under this act is classed as a preferred claim, or when an employer has entered into a contract with insurers in respect to any liability under the act to any workman, such rights of the employer, in case he becomes bankrupt, are transferred to and vested in the workman. Settlement of disputes. In case of disagreement, proceedings are taken in courts. workmen's compensation laws — FOEEIGN COUNTEIES. 161 NEW SOTITH WALES. Date of enactment. November 5, 1900; in effect January 1, 1901; amended Decem- ber 28, 1901; scale of compensation increased by governor on July 28, 1905, in accord- ance with power given by the act; August 19, 1910; in effect January 1, 1911. Injuries compensated. Personal injuriea by accident arising out of and in course of employment causing death, or disability for at least two weeks, except when due to serious or willful misconduct on the part of the workman. Industries covered. Any railway, tramway, factory, workshop, mine,' quarry, wharf, vessel, enrineering, or building work, building used for dumping or storing wool, carried on by the employer as a part of his business; any other employment declared dangerous by proclamation.^ Persons compensated. All persons employed at manual labor, under contract .with an employer, except casual labor, or otherwise than for the purpose of the employer's trade or business. Government employees. The law applies to all workmen in any employment by or under the State to which the law would apply in case the employer were a private person. Burden of payment. Entire cost of compensation rests upon the employer; but if there are contractors, then on such contractors and the principal, jointly and severally. Compensation for death, (a) A sum equal to three years' earnings, but not less than iE200 ($973.30) nor more than £400 ($1,946.60) to those entirely dependent upon the earnings of the deceased. Weekly payments or liunp sums paid under this law are deducted from such sum. (6) A sum not exceeding the above amoxmt, as may be agreed upon or deter- mined as being reasonable and proportionate to the loss or damage suf- fered by those partly dependent, (c) If no dependents are left, the expenses of medical attendance and burial, but not exceeding £12 ($58.40), unless such expenses are payable by a friendly society to which the' workman belonged. Compensation for disability, (a) A weekly payment after the second week not exceeding 50 per cent of average weekly earnings, but no such payment shall exceed £1 ($4.87), with a total liability of £200 ($973.30). (5) In case of partial incapacity the weekly payment shall in no case exceed one-half of the loss of earning capacity. In fixing the weekly payment consideration must be given to any financial assistance given by the -employer to the injured during incapacity, (c) A lump sum may be substituted for weekly payments after six months, on application of the employer; the amount to be agreed upon, in defeult of agreement, to be determined by the court. Revision of compensation. Weekly payments may be revised at the request of either party. Insurance. Employers may contract with their employees for substitution ot a scheme of compensation, benefit, or insurance in place of the provisions of the act, if the scheme is officially certified to be not less favorable to the employees and their dependents than the provisions of the act. In such case the employer is liable only in accordance with the scheme. Security of payments. When the employer becomes liable under the act to pay compensation, and is entitled to any sum from insurers on account of the amount due to a worker under such liability, then in the event of his becoming insolvent such workman has a first claim upon this sum for the amount so due. Settlement of disputes. Disputes arising under the act are heard and determined by a police magistrate, imless the claim is for more than £30 ($146). AVhen in excess of that amount proceedings are taken in the district court. 1 Act ol Aug. 19, 1910, Includes only mines, employees In which are not included under the special compensation and protective law coyering mines, yiz, Miners' Accident Belief Act, 1900, and amendiaents 1901 and 1910. 2 Seamen are compensated under a Commonwealth law of December 28, 1911 22566°— S. Doc. 336, 63-2 11 162 WOEKMEn's compensation laws FOEEIGN COUNTEIES. NEW ZEALAND. Bate of enactment. October 10, 1908, in effect January 1, 1911. Amended October 28, 1911. Injuries compensated. All injuries to workmen arising out of and in the course of the employment causing death, or disability for at least one week, except when due to serious and willful misconduct of the workman injured. Industries covered. Any trade, business, or work carried on by or on behalf of the em- ployer; mining, quarrying, excavating, cutting standing timber, cutting scrub and clearing land of stumps and logs; building operations; manufacture of explosives; using machinery driven by mechanical power, driving a vehicle moved by horse or mechanical power, domestic service, when period of engagement is not less than seven days; any occupation in which a worker incurs a risk of falling a greater distance than 12 feet; navigation in New Zealand waters on board New Zealand ships. Persons compensated. All workmen, including apprentices, exclusive of other than manual laborers whose annual earninga exceed £260 ($1,265.29). Government employees. Act applies to work carried on by or on behalf of the Gov- ernment or any local authority if it would, in case of a private employer, be an em- ployment to which the act applies. JBurden of payment. Entire cost of compensation rests upon employer; but if there are contractors, then on such contractors and the principal, jointly and severally. Compensation for death. (a) A sum equal to three years' earnings, but not less than £200 ($973.30) nor more than £500 ($2,433.25), to those wholly dependent upon earnings of deceased. (5) A sum less than above if dependents were partly dependent upon deceased, to be agreed upon by the parties or fixed by a magistrate or by the arbi- tration court. (c) Eeasonable expenses of medical attendance and burial, not exceeding £20 ($97.33). {d) Amounts previously paid are deducted from final compensation payable on death. Compensation for disability. (a) Medical and surgical aid not to exceed £1 ($4.87). (6) A weekly payment during disability not exceeding 50 per cent of employee's average weekly earnings during the previous 12 months, but not to exceed £2 10s. ($12.67) nor to fall below £1 ($4.87) where employee's ordinary rate of pay at time of accident was not less than 30 shilhngs ($7.30) per week. Total liability of employer is limited to £500 ($2,433.25). No payment is made for first week if disability does not continue for a longer period than two weeks. Weekly payments not to extend beyond six years, (c) For certain permanent injuries (mutilations, etc.) a fixed per cent of the com- pensation paid above for partial and total disability. A lump sum may be substituted for weekly payments, capitalized at 5 per cent compound interest, for permanent total or partial disability, to be agreed on by the parties, or, in default of agreement, determined by the court of arbitration. Revision of compensation. Weekly payments may be revised at request of either party. Insurance. Employers may contract with their employees for substitution of a scheme of compensation, benefit, or insurance in place of the provisions of the act if the scheme is shown to be not less favorable to the general body of employees and their dependents than the provisions of the act. In such case the employer is liable only in accordance with the scheme. Security of payments. When an employer becomes liable under this act to pay com- pensation, and IS entitled to any sum from insurers on account of the amount due to a workman under such liability, then in the event of his becoming insolvent such work- man has a first claim upon this sum. Compensation for injuries sustained in the course of employment in or about a mine, factory, 'building, or vessel is deemed a charge upon the employer's interest in such property and has priority over all charges other than those lawfully existing at the time of the commencement of the act. Settlement of disputes. Disputes arising undrar the act are settled by the court of arbitration under the indusmal arbitration act. u workmen's compensation laws — FOREIGN COUNTRIES. 163 NOBWAY. Date of enactment. July 23, 1894; in effect July 1, 1895. Amended December 23, 1899, June 12, 1906, June 30, 1908, June 9, 1911; sickness insurance laws September 18, 1909, April 1, 1911.1 Injuries compensated. All injuries by industrial accidents, causing death or dis- ability for more than three days, or requiring treatment after that period, unless intentionally brought about by the injured person. Industries covered. Practically all factories and workshops using other than hand power; mines and quarries; the handling of ice, explosives, or inflammables; build- ing and engineering construction, electnc work, transportation, salvage and diving, chimney sweeping, and fire extinguishing; forestry, to a limited extent; employment about dams, canals, and sluices. Employees in other industries may avail themselves of this insurance system. Persons compensated. All workmen, including apprentices, and salaried employees. Government employees. Act covers employees in government or communal service, when engaged in any of the industries enumerated above, unless at least equal com- pensation is provided by special regulation. Burden of payment. Cost of compensation rests upon employer. Compensation in case of death. '" Funeral benefit of 50 crowns ($13.40). Pensions to heirs not exceeding 50 per cent of earnings to be distributed to — Widow, 20 per cent of earnings until death or remarriage; in the latter case a lump sum equal to three annual payments; or dependent widower, 20 per cent of annual earnings of deceased while disability lasts. Each child, 15 per cent of annual earnings till age of 15 years, if one parent survives, 20 per cent if neither survives, 15 per cent for each parent to each child when both parents have died as result of injuries. Dependent relatives in ascending line if there is a residue after providing for above-mentioned heirs, a pension of 20 per cent of earnings until death or cessation of need, to be divided equally; but living parents exclude grandparents from participation, (c) In computing pensions the excessof annual eamingsover 1,200 crowns ($321.60) ia not considered. {d) Pension payments are in addition to prior allowances granted for disability. Com,pensationfor disability. Free medical and sui^ical treatment, or cost of same, after four weeks. ": employee is totally disabled for more than four weeks, an allowance of 60 per cent of the earnings, but not less than 0.50 crown (13 cents) per diem or 150 crowns ($40.20) per annum; and a proportionate allowance in case of partial disability, all to continue during disabiity. (c) If injured employee is forced to stay in a hospital, dependents receive allow- ances during that time equal to the pensions granted in cases of death. (d) If injured employee is not a member of a sick insurance fund, he is entitled to receive from employer directly sick benefits and free medical treatment from firsi day of injury; otherwise, from the fund. (e) In computing allowances the excess of annual earnings over 1,200 crowns ($321.60) IS not considered. Revision of compensation. Compensation ia subject to revision upon demand of either the beneficiary or the insurance office. Insurance. A State central insurance office is established for the entire Kingdom, in which all employees subject to the law must be insured by employer, unless he is, for special reasons, relieved by royal order from the obligation of insurance. Security of payments. Insurance office is guaranteed by the State. Settlement of disputes. Appeals from decisions of insurance office may be entered within six weets with the special insurance commission. 1 Fishermen are covered by the law of Aug. 8, 1908, amended Aug. 18, 1911; seamen by law of Aug. 18, 1911. ' (a) F« (6) n . 164 workmen's compensation laws FOREIGN COUNTRIES. NOVA SCOTIA. Date of enactment. April 22, 1910; in effect February 1, 1911. Injuries compensated. Personal injury by accident arising out of and in the course of employment to a person to whom this act applies. Industries covered. Railways, including street railways, factories, laundries worked by steam, water, or mechanical power; mines, quarries, engineering work, loading and unloading a vessel; building operations using scaffolding or mechanical power; provided 10 or more workmen are employed in an undertaking. (Certain designated establishments in which workmen's relief funds are already established are excepted.) Persons compensated. All workmen or clerks whose annual earnings do not exceed 11,000. Government employees. Theee are within the act if the employment itself is covered by the law. Burden of payment. The entire cost of compensation rests upon the employer. Compensation for death. (a) To those wholly dependent upon his earnings a sum equal to three years' earnings but notless than $1,000 nor over $1,500, less any eimi paid under this act as weekly compensation for injury. (6) To those dependent, such sum not exceeding $1,500 as may be agreed upon, or in default of agreement determined by arbitration, (c) If no dependents are left the reasonable expenses of medical attendance and burial, not exceeding $200. Compensation for disability. A weekly payment during disability after the second week of a sum not exceeding 50 per cent of weekly wages earned during the preceding year. In fixing the amount of compensation, consideration must be given to the loss m earning capacity and to any sums other than wages which the injured person may have received from his employer during incapacity. The weekly compensation shall not exceed $7, nor shall the total amount payable exceed $1,500. A lump sum may be substituted for the weekly payments after six months, on the application of the employer, the amount to be settled by agreement, or, failing in this, by arbitration. Revision of compensation. Either party may request a revision of payments Insurance. If after investigation the governor in councU certifies that any scheme of compensation, benefit or insurance is equivalent in its provisions to those of this act the employer may contract with the employees for the substitution of that scheme, and the employer thereafter shall be liable only in accordance with that scheme. Should the certificate be revoked any moneys or securities held for the purpose of the scheme shall be distributed as may be arranged between employer and workmen, or determined by the governor in council. Security of payments. In respect of any liability under this act to any workman by an employer who has entered into a contract with an insurance scheme, and who becomes bankrupt or who liquidates or retires from business, the workman entitled to compensation shall have priority of claim upon such sum as is due the employer on accoimt of such insurance. Settlement of disputes. In default of a^eement between the interested parties, any question may be settled (a) by a committee representing the employer and the em- ployees; (6) by a single arbitrator agreed upon; -or (c) by an arbitrator appointed by a county court judge. workmen's compensation laws — FOBEIGN COUNTEIES. 165 PEBU. Date of enactment. January 20, 1911. Injuries compensated. The employer is responsible for any accidents, unless inten- tionally brought about by the injured person, which occur to his workmen and employ- ees in the course of or directly occasioned by their work. Industrus covered. Production and transmission of power; electric and gaslight pro- duction and installation; telegraph and telephone; naval construction; transporta- tion, land, river, and marine, employing power; agricultural operations involving use of mechanical power; loading and unloading; mines and quarries where more than 35 workmen are employed; ore-reduction work, etc.; factories using mechanical power, and building trades. Persons compensated. AH workmen and employees whose annual earnings do not exceed £120 ($583.98). Elective for those receiving higher compensation. Government employees. These are subject to the act if the employment itself comes within the scope of the law. Burden of payment. The entire cost of compensation rests upon the employer. Compensation far death, (a) A funeral benefit equal to two months' earnings of the deceased, even though his remuneration exceeded £120 ($583.98) per annum and without regard to number of employees. (6) To the widow, a life annuity equal to 11 per cent of annual earnings of the deceased. (c) To the children, legitimate, or acknowledged illegitimate, an annuity, equally divided, of 22 per cent of such earnings until 16 years of age, or, if inca- pacitated for work, an equal annuity for life. (d) In default of children, to direct descendants entirely dependent on the deceased, the compensation under (c). (e) Should there be neither widow, children, nor other dependents, to ascendants who would have been dependent on the deceased, a life annuity of 15 per cent to each, but not in excess of 30 jfer cent of such wages, and where more than two, such annuity to be equally distributed. (/) Should there be no widow, her portion of the annuity is added to that of the children. Compensation for disability. (a) Medical and surgical aid during disability. (6) For total permanent disability a life annuity of 38 per cent of annual earnings. (c) For partial permanent disability a life annuity of 33 per cent of loss of earning capacity. (d) For total temporary disability a compensation during disability of 22 per cent of earnings. («) For partial temporary disability a compensation of 50 per cent of the loss of earning capacity until complete recovery. An increase of 50 per cent in the compensation is made if the accident occurs in default of prescribed protective apparatus on the part of the employer or by reason of his inexcusable fault. It is proportionately reduced it through inexcusable fault of the injured. If the accident causing injury is the result of an unlawful act of the employer, the injured person shall be entitled to indemnity for all damages and injuries, as deter- mined at common law. Revision of compensation. Demands for revision of compensation may be made by either party within three years. Insurance. Employers may transfer burden of pajrment of compensation by insuring their employees m authorized insurance companies. Security of payments. In case of insolvency compensation payments become preferred claims, and any funds deposited with the Government bank for the purpose of paying allowances are available for the payment of such claims. Settlement of disputes. Disputes arising under this act go before the magistrate or justice of the peace, subject to review by the judge of the court, and finally subject to an appeal to the superior court. 166 WOKKMEN's compensation laws — FOREIGN COUNTRIES. POBTTIGAL. Date oj enactment. July 24, 1913; in effect July 27, 1913. Injuries compensated. Accidents causing death or injviry, not brought about fraudu- lently, arising in the course of employment unless proved not to have arisen out of the employment. Persons compensated. All operatives and employees, including apprentices, engaged in industries covered by the act. Industries covered. Factories and workshops employing other than human power; mines and quarries, iron works, building trades; manufacture of explosives and inflammable and poisonous materials; railway and waterway construction; sewers and waterworks; transportation by land or water; storage, handling, and the like; agri- culture and forestry, if mechanical power is used (covering only such accidents as are caused by such power machinery); herding and tending wild cattle; theaters;- administration of public security; gas and electrical works; telegraph and telephone systems; fishing, if not a cooperative enterprise. Government employees. These are included if engaged in industries covered by the acts and if higher compensation is not otherwise provided by law. Burden of paym,ent. The entire burden rests upon the employer; if there are con- tractors and subcontractors, then upon such contractors. Compensation Jor death, (a) Funeral expenses not exceeding 15 times the daily wage. (6) To surviving consort, 20 per cent of annual earnings of employee until death or remarriage; lump sum of 60 per cent of annual earnings paid at time of remarriage, (c) To legitimate child under 14 years of age, 15 per cent of annual earnings, 25 per cent if 2 children, 35 per cent if 3, and 40 per cent if 4 or more. If left orphans, each child receives 20 per cent of annual earnings, with a maximum of 60 per cent. {d) If there are no children, then to any dependent parents or grandparents, or descendants under 14 years of age, 10 per cent of annual earnings to each such dependent, but in no case over 40 per cent of annual earnings, (e) In calculating annual earnings the maximum wage considered is 400 milreis ($432), plus any excess to the extent of one-half. Compensation for disability. (a) Necessary medical and surgical expenses. (6) For total permanent disability, two-thirds of annual earnings, (c) For total temporary disability, two-thirds of the daily wage during each working day lost, (rf) For partial disability, one-half the loss of earning power. («) All compensation is paid from the beginning of disability. (_/) In calculating annual earnings the maximum wage considered is 400 milreis ($432), plus any excess to the extent of one-half. Revisicm oj compensation. No provision is made in the law. Insurance. Employers may transfer burden of payment to recognized establishment funds, mutual aid associations, or approved insurance companies. They may also insure with the State Insurance Council. Security of payments. The obligations contracted under the law, in the event of bankruptcy, nave special precedence over all debts ot the employer. Risk dasses and reserves are determined by the State Insvu-ance Council. Settlement of disputes. Disputes are settled by special tribunals of arbitrators com- posed of employers, employees, and medical officers having deliberative votes, and of representatives of the insurance companies having consultative votes. workmen's compensation laws^poeeign countries. 167 QUEBEC. Date of enactment. May 29, 1909; in effect January 1, 1910. Injuries compensated. All injuries happening to workmen by reason of or in the course of their work causing death, or disability lasting over seven days. Injuries inten- tionally caused by the ijerson injured are not compensated. Industries covered. Building, manufacturing, transportation, engiaeering, and con- struction work, miaing, quarrying; stone, wood, and coal yards; any industrial enter- prise using machinery operated by power. Agriculture and sailing vessels are excluded. Persons compensated. Workmen, apprentices, and employees earning not more than $1,000 per annum. Foreign workmen or their representations are compensated only if and so long as they reside in Canada. Government employees. Government employees are not mentioned in the act. Burden of payment. The entire expense rests upon the employer. • Compensation for death. (a) Medical and funeral expenses not in excess of $25, unless same are provided by an association of which the deceased was a member. (6) Four times average yearly wages, but not less than $1,000 nor more than $2,000 payable to surviving consort, to children under 16 years of age, and depend- ent ascendants, shares to be agreed upon or determined by court. All amounts may be decreased or increased by court on account of inexcusable fault of employee or employer. Payments made for disabihty before death are deducted. Compensation for disability, (a) For permanent total disability, a pension equal to 50 per cent of the yearly _wages (including the maxmium and minimum amounts). (6) For permanent partial incapacity, a pension equal to 50 per cent of the amount by which the wages have been reduced because of the injury, (c) For temporary incapacity lasting over seven days, compensation equal to one- half the daily earnings received at the time of the accident, beginning with the eighth day. (cZ) In computing pensions only one-fourth the excess of the annual earnings between 1600 and $1,000 is considered; the capital of any pension shall not exceed $2,000, unless higher because of accidents due to inexcusable fault of the employer. Revision of compensation. Demands for change of amount of compensation may be made within four years. Insurance. No reference concerning the insurance of risks under the law is contained in the act, except as to the payment of pensions due, which may be transferred to insur- ance companies. No release from liability is obtained by the employer by such transfer. Security of payments. Claims for compensation or pensions form a lien on the real and personal property of the employer so long as they remain unpaid. Settlement of disputes. Superior and circuit courts have jurisdiction over all disputes arising under this act. AU proceedings are summary, no trial by jury being allowed. 168 wobkmen's compensation laws — foreign countbies. QUEENSLAND. Date of enactment. December 20, 1905; in effect March 31, 1906. Injuries compensated. All injuries by accident, arising out of and in the course of the employment, which cause death or disable a workman for at least two weeks from^ earning full wages at the work at which he was employed, except when the injury is directly attributable to his serious and willful misconduct or when it occurs while proceeding to or from his place of work. Industries covered. Industrial, commercial, manufacturing, building, agricultural, pastoral, mining, quajrying, engineering, or hazadous work carried on by or on behalf of the employer as a pit of his trade or business.' Persons compensated. All persons under contract with an employer. Government employees. Act applies to any work carried on by or on behalf of the government or any local authority if it would, in case of a private employer, be an employment to which the act applies. Burden of payment. Entire cost of compensation rests upon employer, but if there are contractors, then on such contractors and the principal, jointly and severally. Compensation for death, (a) A sum equal to three years' earnings, but not less than £200 ($973.30) nor more than £400 ($1,946.60), to those wholly dependent upon earnings of deceased; but aged and infirm employees may agree in advance to accept a reduced amount. (6) A sum less than above if heirs are only partly dependent, (c) Reasonable expenses of medical attendance and burial, not exceeding £30 ($146), if deceased leaves no dependents. Compensation for disability, (a) A weekly payment during disability after second week, not exceeding 50 per cent of employee's average weekly earnings during the previous twelve months, such weekly payments not to exceed £1 ($4.87), and total liability not to exceed £400 ($1,946.60); except that aged and infirm employees may agree in advance to accept a reduced amount. (5) A weekly payment during partial disability after second week, not exceeding one-half of difference between the employee's average weekly earnings before the accident and the average weekly amount which he is earning or . able to earn after injury. (c) Minors may be allowed full earnings during incapacity, not exceeding 10 shillings ($2.43) weekly. (d) A lump sum may be substituted for weekly payments after three months, on application of emplojrer, the amount to be agreed upon or, in default of agreement, to be determined by a police magistrate. Revision of compensation. Weekly payments may be revised by a police magistrate at request of either party. Insurance. Employers may contract with their employees for substitution of a scheme of compensation, benefit, or insurance in place of the provisions of the act if the scheme is officially certified to be not less favorable to the employees and their dependents than the provisions of the act. Ill such case the employer is liable only in accordance with the scheme. Security of payments. When an employer becomes liable under the act to pay com- pensation, and 13 entitled to any sum from insurers on account of the amount due to a worker under such liability, then in the event of his becoming insolvent, such workman has a first claim upon this sum for the amount so due. Settlement of disputes. Disputes arising under the act are heard and determined by a police magistrate, whose decision is final, except that either party may appeal from this decision on any point of law with the latter's leave if the claim does not exceed £50 ($243.33), or without his leave if it exceeds that amount. > Seamen are compensated under a Commonwealtb law of Dec. 28, 1911. isi workmen's compensation laws FOREIGN COUNTRIES. 169 ROXJMANIA. Date of enactment. January 25 (February 7), 1912. (Includes sickness insurance.) Injuries compensated. Injiuies resulting from accidents without investigation as to whether caused by force majeure or fault of the injured. Accident caused inten- tionally shallbe submitted to the central office for investigation. No sick money benefits paid if the illness or accident was due to drunkenness. Industries covered. Industries and handicrafts using machinery operated by motor power of all kinds, building undertakings, earthworks, mines, quarries, sawmills; agricultural machinery, forestry, mills, tramways and railroads of all classes; inland and sea navigation, transportation in so far as loading and unloading merchandise are concerned. Other industries may be added by order of the central office. Persons compensated. All workers and helpers. Government employees. The law covers employees of the State, districts, and com- munes in occupations otherwise under the act. Burden of payment. Burden of payment rests entirely upon the employer after first two weeks; medical treatment and sick benefits paid from sick relief funds supported by its members (employers and employees) who contribute on the basis of a certain wage classification from 0.05 leu (1 cent) to 0.60 leu (11.6 cents) per week. Compensation for death. A death benefit amounting to 100 lei ($19.30). To a widow without children one-fifth of the average wages of the deceased until her death or remarriage ; to each child under 16 years of age, including illegitimate child of mother dying as result of injury, one-fifth of such earnings. In no case shall the aggregate pepsionp exceed three-fifths of annual earnings. (c) If the deceased was a female person the same pensions are payable to her children and to her husband if he had been incapacitated for a considerable time. (d) If the deceased leaves dependent persons in the ascending line, a pension of one-fifth of such earnings shall be paid them, with preference in favor of the parents over grandparents. Compensation for disability, (a) Medical treatment at home or in a hospital, medicines, and therapeutical appliances, supplied by sick funds for first two weeks. (6) Beginning with the third week the injured person, if totally incapacitated, . shall be allowed during the entire period of incapacity two-thirds of his wages, and it partially disabled a correspondingly reduced allowance, payable from the General Trade Association for Accident Insmrance. (c) In case the person is so injured as to require the attention of another the allow- ance may be increased to full wages. If the wages exceed 5 lei (96.5 cents) per day, that sum plus one-third the excess is considered in computing pensions. Revision of compensation. No provision is made for revision of compensation. Insurance. Every employer in the enterprises covered by the law must insure his employees in the General Trade Association. Insurance is effected in the General Trade Association for Accident managed by an Administrative Council appointed by royal decree. The State does not become a member of the Greneral Trade Association, but itself insures its employees. Security of payments. The association fixes the amount of contribution from employ- ers to cover the amounts to be paid as benefits and pensions. Settlement of 'disputes. All disputes as to right to and amount of assistance or benefits shall be decided by the arbitration courts, with a right of appeal to the administrative council of the cental office. 170 workmen's compensation laws — foeeign counteies. BTTSSIA. Date of enactment. June 23 (July 6), 1913; in effect January 1, 1914, replacing act of June 2 (15), 1903. Injuries compensated. Injuries from accidents in the course of or arising out of employment, causing incapacity for work, or death, except such are caused inten- tionally by the injured. Industries covered. Factories, mines, iron and steel works, local railways, tramways, and inland navigation, making use of motor jiower and regularly employing 20 work- people or more. Enterprises employing 30 or more workpeople, whether using motor power or not. Other industries may be added by the insurance council. Persons compensated. All persons (other than casual workers) irrespective of age or sex, employed for wages or salary. Those having annual earnings in excess of 1,500 rubles (1772.50) may sue under ordinary liability law. Government employees. The law excludes employees on State owned undertakings and the main railway systems; zemstvos and village establishments are included. Burden of payment. Medical treatment for persons, including hospital treatment, medicine, bandages and medical appliances, and sick pay, for persons insured in the sick fund, for the fost 13 weeks of disability will be paid from iJiat fund to which the employees contribute three-fifths and the employers two-fifths. From the ninety-first day compensation is paid by the accident insurance association in which the injured person is insured at the cost of the employers. Compensation for death, (a) Funeral benefits, fixed at an amount varying between 20 and 30 days' pay of the insured person. (6) To widow one-third of annual earnings until death or remarriage; to each child under 15 years of age one-sixth in case of survival of one parent; otherwise, one-fourth; to each dependent relative, one-sixth. The total annuity in no case in excess of two-thirds of the annual earnings of the deceased. (c) A lump sum payment may be substituted for annuity not in excess of 36 rubles ($18.54) plus 15 per cent of annual earnings of the deceased. (d) The maximum annual earnings for purpose of calculating insurance are 1,500 rubles (1772.50). Compensation for disability. (a) For total disability during the first 13 weeks from two-thirds (for male persons) to full amount (for women) of daily wages. After the ninety-first day two-thirds of the injured person's earnings. (6) For total permanent incapacity an annuity of two-thirds annual earnings, and for partial permanent incapacity a proportionately smaller annuity, (c) The annuity may be increased to full pay in case of resulting insanity, loss of both hands or both limbs, or such disablement as requires constant care by another person. Revision of compensation. On request of either party within three years reexami- nation may be made to adjust pension to any change in working capacity. Insurance. Insurance is effected through employers' associations established by the order of the Minister of Commerce and Industry, with a prescribed district for each association. An insurance association may transfer its liability for payment of insur- ance to the government savings bank, by a deposit equal to the capitalized value of the pension. Security of payments. The insurance associations are under direct State supervision. Settlement of disputes. In case the decision of the insurance board is unsatisfactory, a rehearing is granted and from the decision rendered on this second hearing an appeal may be carried to the ordinary courts. workmen's compensation laws — FOBEIGN COUNTEIES. 171 SEBVIA. DaU of enactment. June 29 (July 12), 1910; in effect July 1 (14), 1911. Injuries compensated. Insurance of workmen relates to cases of illness, accident, disalolement, old age, and death when it can not he proved that accident occurred owing to the fault of the injured workman. Industries covered. All handicrafts and commercial undertakings in which are employed in the one workshop or in one place more than 15 workers where motor power is used, and more than 25 workers where motor power is not used. Persons compensated. All workmen, including apprentices, in handicrafts and com- mercial establishments under the law; voluntary insurance for others provided annual earnings do not exceed 2,000 dinars ($386). Government employees. Relief funds in the case of mines, and insurance funds in case of State and private works which' shall be in existence at the time this act comes in force, may be placed on an equal footing with the local associations under the same conditions as agreed with the national insurance fund. Burden ofpayment. Accident insurance premiums shall be paid by the employers alone. Compensation for death. (a) A funeral benefit in proportion to the insured monthly wages of the deceased, fixed by the local workmen's insurance associations. (b) A sum equal to 30 per cent of the allowance to which the insured person shall have had claim to be paid the widow, so long as she remains unmarried, and 5 per cent in addition for each child up to the time of completing their fourteenth year. Should the widow remarry she may be granted three years' allowance. (c) Should the children be orphans, the eldest shall receive 20 per cent of the allowance, and the second, third, and fourth children 10 per cent each, and each additional child 5 per cent of the total allowance. {d) Up to the time when this insurance becomes payable, medical attendance for the injured and his family, medicine and similar assistance, nurses in hos- pitals and health resorts for workmen and families and daily relief money not less than half the daily wages of the insured person. Compensation for disability, (a) Medical and surgical aid. (6) Pecimiary benefit not less than 5 per cent of wages of injured, according to disability, (c) In the event of permanent total disability, maximum may be equal to full wages. iJewnoTi o/comp«nsaiion. No special provision is made in the law. Insurance. Insurance is effected in local workmen's insurance associations, which form a National Union of Workmen's Insurance Associations. Certain relief and insurance funds are recognized when meeting required conditions. Accident and sickness insurance obligatory. Security of payments. The State makes each year a grant not less than 100,000 dinars ($19,300) to the insurance fund. Settlement of disputes. Appeals are allowed from the decision of the local associa- tions to the national union, and a further appeal to the minister of political economy, whose decision shall be final. 172 WOBKMEN's compensation laws FOREIGN COUNTEIES, SOUTH AUSTEAUA. Date of enactment. December 14, 1911; in effect January 1, 1912, replacing act of 1900 and amendatory act of 1904. Injuries compensated. All injuries to workmen arising out of and ip. the course of the employment causing death, or disability for at least one week, except when due to serious and willful misconduct of the workman injured. Industries covered. "Any employment," including agricultural work employing mechanical power, and navigation in domestic waters on South Australian vessels, but excluding home work, domestic service, and clerical work.' Persons compensated. All workmen including apprentices, engaged in manual labor or otherwise, provided weekly earnings do not exceed £5 ($24.33). Government employees. Act applies to civilian persons employed under the Crown to whom it would apply if the employer were a private person. Burden of payment. Entire cost of compensation rests upon employer; but if there are contractors^, then either upon such contractors or the principal, provided con- tractors for agricultural work included in the act must bear the burden alone. Compensation for death. (a) A Bum equal to three years' earnings, but not less than £200 ($973.30) nor more than £300 ($1,459.95), to those wholly dependent upon earnings of deceased. (6) A sum not exceeding above amount if dependents were partly dependent upon deceased, to be agreed upon by the parties or fixed by arbitration, (c) Reasonable expenses of medical attendance and burial not exceeding £20 ($97.33), if deceased leaves no dependents. Compensation for disability, (a) A weekly payment during disability not exceeding 50 per cent of employee's average weekly earnings during the previous 12 months, such weekly payments not to exceed £1 ($4.87) nor, in case of total incapacity of workmen under 21 years and receiving under 20s. ($4.87) a week, to be less than 10s. ($2.43) per week, and total liability not to exceed £300 ($1,459.95). (6) A weekly payment during partial disability to be fixed with regard to differ- ence between employee's average weekly earnings before the accident and average weekly amount which he is earning or able to earn after injury, (c) A lump sum may be substituted for weekly payments after six months on application of either party, the amount to be settled by arbitration under , the act in default of agreement. In any case, if disability lasts less than two weeks, no compensation is paid for the first week. Revision of compensation. Weekly payments may be revised at request of either party. Insurance. Employers may contract with their employees for substitution of a scheme of compensation, benefit, or insurance in place of the provisions of the act, if the public actuary certifies that the scheme is on the whole not less favorable to general body of employees and their dependents than the provisions of the act. In such case employer is liable only in accordance with the scheme. Security of payments. In event of employer's insolvency the amount of compensa- tion due under act, up to £100 ($486.65) in any individual case, becomes a preferred claim; or where an employer has entered into a contract with insurers in respect of any liability under this act to any workman such rights of the employer, in the event of insolvency, are transferred to and vested in the workman. Settlement of disputes. Disputes arising under the act are settled by the arbitration of existing committees of employers and employees, or, if either party objects, by a single arbitrator agreed on by the parties, or, in absence of agreement, by a special magistrate. An arbitrator appointed by the magistrate has all the powers of a local court. > Seamen are compensated under a Commonwealth law of Dec. 28, 1911. workmen's compensation laws POKEIGN COUNTRIES. 173 SPAIN. Date of enactment. January 30, 1900; in effect July 28, 1900. Injuries compensated. All injuries by accidents to employees in the course of and by reason of the employment causing death or disability. Compensation may be reduced if injured person was engaged in an illegal act. Industries covered. Manufacturing, mines, quarries, metallurgical establishments, construction work, industries injurious to health, transportation, gas and electric works, street cleaning, theaters, and agricultural and forestry establishments using power machinery. Persons compensated. "Workmen performing manual labor, including helpers and apprentices. Cfovemment employees. Act applies to employees of State factories and other Gov- ernment establishments, to labor accidents in war and naval departments, and to establishments of provincial and communal governments. Burden of payment. Entire cost of compensation rests upon employer. Compensation for death. In addition to any prior benefits paid for disability — (o) Funeral expenses, not exceeding 100 pesetas (119.30). (5) A lump sum equal to two years' earnings, if widow, and children or depend- ent orphan grandchildren under 16 years survive; eighteen months' earn- ings if only children or orphan grandchildren survive; one year's earn- ings if only widow survives; ten months' earnings to dependent parents or grandparents over 60 years of age, in absence of widow or children, if ' two or more survive; seven months' earnings if only one parent or grand- parent survives. (c) For these lump-sum payments, by mutual consent, the following pensions may be substituted: 40 per cent of annual earnings when widow and children or grandchildren survive; 20 per cent of annual earnings when only widow survives; 10 per cent to each dependent parent or grandpar- ent over 60 years of age, when no widow or children survive, but hot over 30 per cent m the aggregate; compensation to widow ceases on her remar- riage, and to children on their attaining the age of 16 years. (d) In these cases, the daily earnings to be considered as not less than 1.50 pesetas (29 cents). («) All of these compensations are increased by 50 per cent if the establishment is lacking in the required safety provisions. Compensation for disability, (a) Free medical and surgical treatment during disability. (6) Fifty per cent of daily earnings, including Sundays and holidays, from day of injury to day of recovery from disability, but not over one year, after which case is treated as one of permanent disability. (c) In case of permanent disability, in addition to the foregoing, a sum equal to two years' earnings for total disability. Eighteen months' earnings, if total disability extends only to former trade. One year's earnings in cases of partial permanent disability for usual employ- ment, unless the employer agrees to employ injured workmen at some other work at old rate of wages. (d) In these cases the daily earnings to be considered as not less than 1.50 pesetas (29 cents). (e) Compensations are increased by 50 per cent if the establishment is lacking in the required safety provisions. Revision of compensation. No special provision is made in the law. ' Insurance. Employers may contract with authorized insurance companies to assume obligations imposed by law. Security of payments. No special provision is made in the law. Settlement of disputes. Disputes concerning compensation under the law may be carried to special permanent labor tribunals consisting of representatives of the State, employers, and employees. 174 workmen's compensation laws FOREIGN COUNTRIES. SWEDEIT. Date of enactment. Approved July 5, 1901; in effect January 1, 1903; amended June 3, 1904. Supplementary act, October 2, 1908. Injuries compensated. Injuries hy accidents to workmen resulting from the employ- ment, and causing death, or disability for more than sixty days,' unless due to the willful act or gross negligence of the victim or to the willful act of a third person who has neither the supervision nor the direction of the work. Industries covered. Practically all establishments engaged in forestry work, mining, quarrying, turf and ice cutting and handling, manufacturing, chimney sweeping, rafting, fishing, railway and tramway service, handling goods, building trades, con- duit, road and other construction work, and electricity, gas, and water distribution. Employers in other industries may insure their employees in the State Insurance Institute and thereby be placed under provisions of the act. Employees in other industries may secure the protection of the act by insuring themselves in the State Insurance Institute. Persons compensated. Workmen and foremen. Government employees. Act applies to employees in the State and communal services when engaged in any of the industries enumerated above. Burden of payment. Entire cost of compensation rests upon employer, except that fishermen under the act contribute a flat annual rate, and the State makes up any deficit. Compensation for death. When death results from the injury within two years — {a\ Funeral benefit of 60 crowns ($16.08). (6) Annual pensions not exceeding in the aggregate 300 crowns ($80.40), to be distributed to widow, imtil remarriage 120 crowns ($32.16); each child under 15 years of age 60 crowns ($16.08). Compensation for disability. (a) If permanently disabled, annual pension of 300 crowns ($80.40) in case of total disability, and a smaller sum corresponding to loss of earning power in case of partial disability, pension to begin with sixty-first day of disa- bility, or later if permanent character of the disability was not then established. (6) If temporarily disabled for more than sixty days, 1 crown (27 cents) per day, beginning with sixty-first day. Revision of compensation. Suit may be brought in a court of first instance by injured employee for a revision of compensation withm two years from the date of the fixing of the same. Insurance. If an injured person receives an allowance or pension from an organiza- tion which is supported entirely or in greater part by the employer, or if the victim is insured in a private organization by his employer, the amounts received from such a source may be deducted from payments required of employer under the act. Em- ployers may transfer burden of payment of compensation by insuring in the State Insurance Institute, created for this purpose by the act, or in individual cases pur- chase annuities for pensioners from this institution. Other arrangements may be made between employers and employees if the State Insurance Institute finds upon examination that they are not imfavorable to the employees. Security of payments. An_ employer may be required to iTimish adequate security for the payment of the pension to cover the contingency of his neglectmg to pay the same, of his retiring from business or leaving the coimtry, or of his becoming insolvent. If he fails to furnish security he may be required to pay a lump sum equal to the cap- ital value pf the pension plus the payments and interest due, which amount, in the case of an injured employee, must be invested in the purchase of an annuity from the State Insurance Institute. Settlement of disputes. Disputes may be settled either by arbitration or by bringing suit in a court of first instance. The demand for arbitration must be made or the suit brought within two years after the accident or in case of fatal accidents within two years after the death of the victim. If the action is against the State Insurance Insti- tute, one year more is allowed. 1 Voluntary sickness insurance laws, Oct. 30, 1891, July 4, 1910, providB benefits up to 90 days lor accidents causing disability of over 3 days. WOBKMEn's compensation laws — FOREIGN COUNTEIES. 175 SWITZERLAND. Date of enactment. June 13, 1911^ accepted by referendum February 4, 1912. Injuries compensated. Every bodily injury suffered by an injured jieraon in the course of work performed under direction of the director, or his agent, of the insured enterprise, or service undertaken in the interest of the enterprise, or during interruption of work, before or after work, if the insured person is on the premises, or in the danger zone, without fault on his part. All insured persons contracting an occupational disease due to the action of injurious substances used in the establishment. Industries covered. Railway and postal services, steam vessels, factories, building trades, transportation by land and water, rafting, telegraph and telephone lines, engineering works, excavating, mines, quarries, manufacture of explosives. Persons compensated. All employees, laborers, apprentices, laborers without pay, and probationers. Government employees. No special provision is mentioned in the law. Burden of payment. In the case of occupational accident insurance, premiums are paid by the employers; in nonoccupational accident insurance, three-fourths by the insured person and one-fourth by the Confederation. Compensation for death, (a) A funeral benefit of 40 francs ($7.72). (6) To widow or dependent widower or a widower who shall become infirm or in- capacitated within 5 years after the death of the wife, an annuity of 30 per cent of annual wages of the insured. On the remarriage of a widow she is allowed a lump sum equivalent to her annuity of 3 years. (c) To each child until the completion of 16 years of age an annuity of 15 per cent of said annual earnings, 25 per cent if orphaned of both parents; if upon the completion of 16 years said child is permanently incapacitated, annuity to continue till 70 years of age. (d) Ascendants in a direct line are entitled during life, and brothers and sisters until 16 years of age, to a total annuity of 20 per cent, equally distributed. The total annuties payable shall not exceed 60 per cent of the earnings of the insured persons. Compensation for accident. (a) Free medical attendance, medicine, surgical apparatus, and necessary travel- ing expenses. (6) Indemnity for loss of time payable beginning with third day after the accident, equal to 80 per cent of earnings. If treatment in a hospital is necessary the fund may retain, in the case of a person without family, three-fourths, and, with a family, one-half of the loss of time indemnity. Loss of time payments are based on daily earnings not exceeding 14 francs (12.70). (c) An annuity for total disability equal to 70 per cent of annual earnings. For partial disability a proportionate rate. Annidties are based on annual earnings not exceeding 4,000 francs ($772). (d) When medical treatment if instituted may reasonably be expected to improve the earning capacity of the persons, the annuity may be replaced by such treatment payable m the same manner as loss of time and hospital treat- ment. (e) A lump-sum payment not exceeding in value an annuity for 3 years may be made to any person in whose condition no reasonable improvement may be expected from medical treatment, and who will protjably recover his capacity for labor. Revision of compensation. Revision of annuity may be had at any time within 3 years from its establishing, provided the degree of disability undergoes any essential change. After that time revision may be had only at the expiration of the sixth and ninth years. Insurance. Compulsory in a National fund against accidents, occupational and non- occupational; and^voluntary insurance of all persons 14 years of age and over, and heads of establishments who have themselves and their laborers insured, may insure such other persons against accidents for which they are civilly responsible. Security of payments. Under Government control. Settlement of disputes. Cantonal courts decide in the first instance subject to appeal to the Federal Insurance Court. 176 workmen's compensation laws ^FOREIGN COUNTRIES. TASMANIA. Date of enactment. January 13, 1911; in effect July 1, 1911. Injuries compensated. Personal injury by accident arising in the course of employ- ment, causing disability from earning full wages for at least one week, or death, except injuries attributable to insobriety, or serious and willful misconduct, or breach of law, or gross negligence, and those occurring while proceeding to or from place of work. Industries covered. Raihoads, factories, mines, (juarries, engineering work, or any other industry so declared by a resolution of parliament.' Persons compensated. Any worker, except casual, employed in manual labor whose annual earnings do not exceed £156 ($759.17). Government employees. Act applies to workers in Government service to whom it would apply if the employer were a private person. Burden of payment. The entire cost rests upon the employer, but if there are con- tractors, then upon such contractors and the principal jointly and severally. Compensation for death. _ (o) To those wholly dependent a sum equal to three years' earnings of the deceased employee, but not less than £100 ($486.65) nor more than £200 ($973.30). ~~(b) To those partially dependent a sum proportionate to the loss to such depend- ents, but not larger than above amount, to be determined by agreement or arbitration, (c) If deceased leaves no dependents, reasonable expenses of medical attendance and burial, but not to exceed £30 ($146), provided he is unable to meet such expenses. Compensation for disability. (a) A weekly payment during incapacity of not more than 50 per cent of em- ployee's average weekly earnings during previous 12 months, but not exceeding 30 shillings ($7.30), and a total liability not exceeding £200 ($973.30). If incapacity laats less than two weeks, no payment is required for the first week. Aged and infirm employees may agree in advance to accept reduced amounts. (6) Minor persons may be allowed full earnings during incapacity, but weekly payments may not exceed 10 shillings ($2.43). (c) For certain permanent injuries (mutilations, etc.) a fixed per cent of the com- pensation paid above for partial and total disability. A lump sum may be substituted for the weekly payments after two weeks. Revision of compensation. Weekly benefits may be revised at the request of either par.ty. Insurance. Employers may contract with their employees for substitution of a scheme of compensation, benefit, or insurance in any approved company in place of the provisions of the act ii the scheme is shown to be not less favorable to the general body of employees and their dependents than the provisions of the act. In such case the employer is liable only in accordance with such scheme. Security of payments. In case of the employer's insolvency, the amount of compen- sation due under the act, up to £100 ($486.65) in any individual case, is classed as a preferred claim; or, where an employer has entered into a contract with insurers in respect of any liability under the act to any workman, such rights of the employer,, in the event of his insolvency, are transferred to and vested in the workman. Settlement of disputes. Questions arising under th? act are settled by agreement of the parties or by arbitration before a special commissioner according to ordinary rules of court. ^ Seamen are comp^sated under a Commonwealth law of Dec. 28, 1911. workmen's compensation laws — FOREIGN COUNTKIES. 177 TBANSVAAL. Date of enactment. August 20, 1907; in effect April 1, 1908. Injuries compensated. Injuries by accident arising out of and in the course of the employment which, cause the workman 's death or necessitate his absence from work for over one week. Compensation is not paid when injury is due to serious and willful misconduct. Industries covered. Employment at or about any trade, industry, business, or pub- lic undertaking, including agriculture, but excluding domestic service. Persons compensated. Any white person regularly employed for the purposes of the employers' trade or business whose annual earnings do not exceed £500 ($2,433.25), but exclusive of home workers and subcontractors. Government employees. All civil government employees are covered by this act if employed in establishments or imdertakings to which the law applies, provided that when other pension provisions have been made the injured employee or his surviving dependents have the right to choose between the two methods of compensation. Burden of payment. Entire cost of compensation rests upon employer. Compensation for death. (a) A sum equal to two years' wages, but not more than £500 ($2,433.25), to those dependent upon earnings of the deceased, to be distributed among the dependents, either by agreement or by order of the local courts. (6) Temporary payments previously made for over three months shall be de- ducted from the above amounts, (c) If deceased left no dependents, reasonable expenses of medical attendance and burial, not exceeding £60 ($291.99). Compensation for disability, (a) A weekly payment during disability of 50 per cent of the wages at the time of injury. (6) In case of total permanent disability, an amount equal to three years' wages, minus tha amount paid in weekly compensation, but not over £750 ($3,649.88). (c) In case of partial disability, an amount equal to probable loss of earning power for three years, minus the amount paid out in weekly compensa- tion, but not over £375 ($1,824.94). (d) In case of minors suffering total permanent disability the courts may increase the compensation to £300 ($1,459.95) if three years' wages are less than this amoimt, and if sufferingfrom partial permanent disability the court may increase the compensation to £150 ($729.98). Revision of compensation. Employer may apply for revision or setting aside of order to pay weekly compensation on the groimd of recovery of the employee or his willful retardation of recovery or refusal to undergo medical examinations or if lack of notice of accident or subsequent proof of serious and willful misconduct. Injured employee has right to make a new application if compensation is denied and injury subsequently proves more serious than expected. Insurance. Right of insurance against the obligations of this act is not regulated. No release from liability is affected by such insurance. Settlement of disputes. Orders for granting benefits are given by local magistrates, after holding an inquiry. Appeals may be had to the magistrate himself, and from him to the supreme court. 22566*— S. Doc. 336, 6a-2 12 178 workmen's compensation laws— foreign countries. VENEZUELA. Date of enactment. February 23, 1906. Injuries compensated. Death, injury, or total disability resulting from, an accident. Industries covered. Mining. Persons compensated. Any miner suffering injury as a result of an accident. Government employees. The law makes no provision for compensation of govern- ment employees. Burden of payment. Not stated in the law. Compensation. Amount to be determined by agreement or by a committee com- posed of one person appointed by each party and one by the highest civil authority. Revision of compensation. No scheme of revision is provided. Insurance. No plan for transfer of burden to insurance company or otherwise ia provided. Settlement of disputes. The committee above provided for. workmen's compensation laws FOREIGN COUNTRIES. 179 ■WESTERN ATJSTEALIA. Date of enactment. December 21, 1912; in effect on a date fixed by the governor by order in council. Injuries compensated. All injuries caused to a "workman arising out of and in the course of the employment causing death, or disability for at least one week, except when due to serious and willful misconduct of the workman injured. Industries covered. Eailways, waterworks, tramways, electric-light plants, factories, mines, quarries, engineering and buUdirig work, cutting standing timber, cutting scrub and clearing land; manufacture and use of explosives; using machines driven by mechanical power; driving vehicles moved by horse or mechanical power; any occupation in which worker incurs risk of falling any distance, if injury or death results; navigation on Western Australian ships in territorial waters.' Persons compensated. All persons engaged under contract in any employment, except casual workers, outworkers, and those having annual earnings in excess of £300 ($1,459.95). Government employees. Act applies to all persons employed under the Crown to whom it would apply if employer were a private person. Burden of , payment. Entire cost of compensation rests upon employer, but if there are contractors and subcontractors, then upon such jointly and seversuly. Compensation for death, (a) A sum equal to three years' earnings, but not less than X300 ($1,459.95) nor more than £400 ($1,946.60), to those wholly dependent upon earnings of deceased. (6) A sum less than above amount if dependents were partly dependent upon deceased, to be agreed upon by the parties or fixed by local court, (c) Reasonable expenses of medical attendance and burial not to exceed £100 ($486.65), if deceased leaves no dependents. Compensation for disability, (a) Reasonable expenses of medical and surgical aid, but not in excess of £1 ($4.87). (6) A weekly payment during disability after second week, not exceeding 50 per cent of injured person's average weekly earnings during the previous twelve months, such weekly payment not to exceed £2 ($9.73) and total liability not to exceed £400 ($1,946.60). (c) In case of partial disability, regard is to be had to the difference between average weekly earnings before and after the accident, and to any pay- ment other than wages made by employer on account of the injury, (i) For certain permanent injuries (mutilations, etc.) a fixed per cent of the compensation paid above for partial and total disability. A lump sum may be substituted for weekly payments, after six months, on the application of the employer, the amount to be determined by the court in default of agreement. Revision of compensation. Weekly payments may be revised by the court at request of either party. Insurance. Employers may contract with their employees for substitution of a scheme of compensation, benefit, or insurance in place of the provisions of the act, it the registrar of friendly societies certifies that the scheme is on the whole not less favorable to the general body of employees and their dependents than the provisions of the act. In such case employer is liable only in accordance with this scheme. Security of payments. When 'an employer becomes liable under the act to pay compensation, and is entitled to any sum from insurers on account of the amount due to a workman under such liability, then in the event of his becoming insolvent such workman has a first charge upon this sum for the amount so due. Compensa- tion for injuries sustained in the course of employment in or about a mine, factory- building, or vessel is deemed a charge on the employer's interest in such property. Settlement of disputes. Disputes arising under the act are settled by the local court of the district in which the injury is received. 1 Seamen are compensated under a Commonwealth law of Dec. 28, 1911. APPENDIX. TEXT OF WORKMEN'S COMPENSATION LAWS— UNITED STATES . ARIZONA. CONSTITUTION. Article XVIII. — Employment of labor — Compensation for injuries to worhmen. Sections. The legislature shall enact a ■workmen's compulsory Compulsory compensation law applicable to workmen engaged in manual or me- """nponsation. chanical labor in such employments as the legislature may determine to be especially dangerous, by which compulsory compensation shall be required to be paid to any such workroan by his employer, if in the course of such employment personal injury to any such workman from any accident arising out of, and in the course of, such employ- ment is caused in whole, or in part, or is contributed to, by a necessary risk of danger of such employment, or a necessary risk or danger in- herent in the nature thereof, or by failure of such employer, or any ^ of his or its officers, agents, or employee, or employees, to exercise due care, or to comply with any law affecting such employment: Pro- vided, That it shall be optional with said employee to settle for such compensation, or retain the right to sue said employer as provided by this constitution. ACTS OF 1913. Chapter VII. — Compensation for injuries to workmen. Section 65. This chapter is a workman's compulsory compensation Title, law as provided in section 8 of Article XVIII of the State constitution. Sec 66. Compulsory compensation shall be paid by his employer Compensation ' to any workman engaged in any employment declared and determined paid, when, as in the next section hereof (as provided in sec. 8 of Article XVIII of the State constitution) to be especially dangerous, whether said employer be a person, firm, association, company, or corporation, if in the course of the employment of said employee personal injury thereto from any accident arising out of, and in the course of, such employment is caused in whole, or in part, or is contributed to,_ by a necessary risk or danger of such employment, or a necessary risk or danger inherent in the nature thereof, or by failure of such employer, or any of his or its officers, agents, or employee or employees, to exer- cise due care, or to comply with any law affecting such employment. Sec. 67. The employments hereby declared and determined to be Especially dan- especially dangerous (as provided in sec. 8 of Article XVIII of the g™!^ ™P'°y- State constitution) within the meaning of this chapter are as follows: 1. The operation of steam railroads, electrical railroads, street railroads, by locomotives, engines, trains, motors, or cars of any kind propelled by a steam, electricity, cable, or other mechanical power, including the construction, use or repair of machinery, plants, tracks, switches, bridges, roadbeds, upon, over, and by which such railway business is operated. 2. All work when making,' using or necessitating dangerous prox- imity to gunpowder, blasting powder, dynamite, compressed air, or any other explosive. 181 182 APPENDIX workmen's COMPENSATION LAWS ARIZONA. 3. The erection or demolition of any bridge, building, or structure in which there is, or in which the plans and specifications require, iron or steel frame work. 4. The operation of all elevators, elevating machinery or derricks or hoisting apparatus used within or on the outsidei of any bridge, building or other structure for conveying materials in connection with the erection or demolition of such bridge, building or structure. 5. All work on ladders or scaffolds of any kind elevated twenty (20) feet or more above the ground or floor beneath in the erection, con- struction, repair, painting or alteration of any building, bridge, struc- ture or other work in which the same are used. 6. All work of construction, operation, alteration or repair, where wires, cables, switchboards, or other apparatus or machinery are in use charged with electrical current. 7. All work in the construction, alteration or repair of pole lines for telegraph, telephone or other purposes. 8. All work in mines; and all work in quarries. 9. All work in the construction and repair of tuimels, subways and viaducts. 10. All work in mills, shops, works, yards, plants, and factories where steam, electricity, or any other mechanical power is used to operate machinery and appliances in and about such premises. Alternative Sec. 68. In case such employee or his personal representative shall rights of employ- j-gf^gg iq ggttle for such compensation as provided in section 8 of Article XVIII of the State constitution, and chooses to retain the right to sue said eniployer (as provided in any law provided for in section 7, Article XVIII of the State constitution) he may so refuse to settle and may retain said right. Failure to exer- Sec. 69. It is hereby declared and determined to be contrary to cise due care. public policy that any employer conducting any especially dangerous industry, through any of his or its officers, agents, or employee or employees, shall fail to exercise due care, or fail to comply with any law affecting such employment, in such manner as to endanger the lives and safety of employees thereof, without assuming the burden of the financial loss through disability entailed upon such employees, or their dependents, through such failure; and it is further declared and determined to be contrary to public policy that the burden of the financial loss to employees in such dangerous employments, or to their dependents, due to injuries to such employees received through such accidents as are hereinbefore mentioned shall be borne by said employees without due compensation paid to said employees, or their dependents, by the employer conducting such employment, owing to the inability of said employees to secure employment in said employments under a free contract as to the conditions under which they will work. Liability with- gj;c. 70. The common law doctrine of no liability without fault is out fault. hereby declared and determined to be abrogated in Arizona as far as it shall be sought to be applied to the accidents hereinbefore mentioned. What injuries Sec. 71. When, in the course of work in any of the employments sated.° '"""^™' described in section 67 of this title, personal injury by accident arising out of and in the course of such labor, service, or employment, is caused to or suffered by any workman engaged therein, by any risk or failure specified in section 66 hereof, then such employer shall be liable to and milst make and pay compensation to the workman injured, and his personal representative, when death ensues, for the benefit of the estate of the deceased, for such injury at the rates and in the manner hereinafter set out in this chapter. Waiting time. Provided, That the employer shall not be liable under this chapter in respect of any injury which does not disable the workman for a period of at least two weeks after the date of the accident from earning full wages at the work at which he was employed at the time of the injury, and Provided, further, That the employer shall not be liable under this chapter in case the employee refuses to settle for such compensation an dT retains his right to sue as provided in section 68 of this title. Amountof com- Sec. 72. When an injury is received by a workman engaged in any pensation- ^^^^^ ^^ service specified in section 67 of this title, and* for which the APPENDIX workmen's COMPENSATION LAWS ARIZONA. 183 employer is made liable as specified in section 71 hereof, then the measure and amonnt of compensation to be made by the employer to such workman or his personal representative for such injuries, shall be as follows: 1. If the injury by accident does not result in death within six months For total <3»sa- from the date of the accident, but does produce or result in total inca- "'^^y- pacity of the workman for work at any gainful employment for more than two (2) weeks after the accident then the compensation to be made to such workman by his employer shall be a semimonthly pay- ment commencing from the date of the accident and continuing during such total incapacity, of a sum equal to fifty (50) per centum of the workman's average semimonthly earnings when at work on full time during the preceding year, if he shall have been in the employment of of such employer for such length of time; but if not for a full year, then fifty (50) per centum of the average wages, whether semimonthly, weekly, or daily, being earned by such workman during the time he was at work for his employer before and at the time of the accident. 2. In case (1) the accident does not wholly incapacitate the work- ^?r partial dis- man from the same or other gainful employment; or (2) in case the ability; workman, being at first wholly incapacitated, thereafter recovers so as to be able to engage at labor in the same or other gainful employ- ment, thereby earning wages, then in each case the amoimt of the semimonthly payment shall be one-half of the difference between the average earnings of the workman at the time of the accident deter- mined as above provided, and the average amount he is earning or is capable of eammg, thereafter, semimonthly in the same or other employment — it being the intent and purpose of this chapter, that the semimonthly payment shall not exceed, but equal, from time to time one-half the difference between the amount of average earnings ascer- tained as aforesaid at the time of the accident, and the average amoumt which the workman is earning, or is capable of earning, in the same or other employment or otherwise, after the accident, and at the time of such semimonthly payment. Such payments shall cease upon the workman recovering and earning, or being capable of earning, in the same or other gainful employment or otherwise, wages equal to the amoimt being earned at the time of the accident. Provided, however, That the payments shall continue to be made as herein determined to the workman so long as incapacity to earn wages in the same or other employment continues, but in no case shall the total amount of such payments as provided in subsections 1 and 2 of this section exceed four thousand (|4,000) dollars. 3. When the death of the workman results from the accident within l'ord«»tli. six months thereafter, and the workman, at the time of his death, leaves a widow, and a monor [minor] child, or children dependent on such workman's earnings for support and education, then the employer shall pay to the personal representative of the deceased workman for the exclusive benefit of such widow and child, or children, a sum equal to twenty-four hundred times one-half the daily wages or earn- ings of the decedent, determined as aforesaid, but in no event more than the sum of four thousand dollars ($4,000) . Such sum shall be paid in lump and held in trust by such representative for such widow and children and applied by him to the support of the widow while she remains unmarried, and to the support and education of the children so long as necessary, and until eighteen (18) years of age, in such way and manner as to him shall seem best and just, under and in accord- ance with the directions of the court having jurisdiction of the estate of the decedent; any balance remaining unapplied at the closing of the estate of the decedent shall be distributed to the decedent's widow (if still his widow), and the children or next of kin, as provided by the law of descents. The personal representative may pay out of said fund the reasonable and necessary expenses of medical attendance and burial of the decedent. If the workman leaves no widow or child, or children, but a father or mother or sister dependent on him for support, then said sum shall be for their benefit to be applied as above provided. If the deceased workman leaves no widow, children, or other depend- ents, then the employer shall pay the reasonable expenses of medical attendance upon the decedent and also provide and secure his burial 184 APPENDIX workmen's COMPENSATION LAWS ARIZONA. in a proper cemetery, which, may be chosen by the friends of the decedent. Medical exam- Sec. 73. Any workman claiming compensation under the provisions of inations. ^f^ia chapter shall, if requested by the employer, or upon written notice by him given to the employer, submit himself for bodily examination by some competent licensed medical practitioner or surgeon of the county in which the workman then resides, to ascertain and determine the nature, character, extent, and effect of the injury to such workman at the time of such examination for the purpose of ascertaining the semimonthly compensation then and thereafter to be made. The employer or the workman not having requested the examination may have present at the examination a medical representative, by him chosen. Each party shall pay his chosen representative the expenses of such examination. The said notice shall be given at least ten (10) days before the date fixed for the examination, and the place shall be con- venient for the workman to be examined. In case the employer is a corporation, the notice may be served on any oflBcer or agent thereof in the said county, and if none there, then elsewhere in the State. The examiner shall make a verified report in writing in duplicate within ten (10) days after the examination and furnish one copy to the employer and one to the workman. If any workman neglects or refuses to submit to an examination, his right to compensation, if any, shall be suspended until he notifies the employer in writing of his readiness to submit thereto. No persons other than the physicians and surgeons aforesaid shall attend any examination except by agreement of the parties. If the employer and the workman each have an examiner, and they shall agree upon and join in a report, the same shall be con- clusive so long as it remains in force. If either the employer or the employee, having opportunity, fails to provide an examiner, then the report of the examiner making such examination shall likewise be con- clusive so long as the same remains in force. If the workman and the employer each have an examiner present, and they disagree as to the nature, character, extent, or effect of the injury, and the degree of inca- pacity, if any, for labor on the part of the workman at the time of such ex- amination, then they shall join in a written report stating the matters in which they agree, and in which they disagree, and mutually select some disinterested medical practitioner or surgeon of the county, to whom the same shall be referred, and who shall proceed promptly to make an examination of the workman as to the matters in disagreement, and the same shall be conclusive so long as such report remains in force, which report shall be made by such disinterested examiner and verified, and a copy thereof furnished to the employer and the workman. For mak- ing such examination, such examiner shall be entitled to a fee of ten dollars ($10), to be paid one-half by the employer and one-half by the workman at the time of such examination. Such examination may be required by the workman or the employer at periods not shorter than three months from the date of the last examination. The report of any examination shall supersede all previous reports. When there is dis- agreement between the examiners aforesaid, and they can not agree upon a third person as above provided, then it shall be the duty of the chairman of the board of supervisors of the county, on written notice of either the workman or employer, to appoint some licensed medical practitioner or surgeon, who shall be a resident of the county, to make such examination, and said appointee shall be entitled to the same compensation. Notice. Sec. 74. Every workman seeking compensation under the provisions of this chapter, where the same is not fatal or does not render hun incom- petent to give the notice, shall, within two weeks after the day of the accident, give notice in writing to the employer, or his representative employing such workman, or to the foreman or other employee of the employer under whom he was working at the time of the accident, and before the workman has voluntarily left the service of the employer and during his disability. The-notice shall state (1) the name and address of such workman, (2) the date and place of the accident, (3) and state in simple words the cause thereof, (4) the nature and degree of the injury sustained, (5) and that compensation is claimed under this chapter. The notice may be written and served personally by the workman or by APPENDIX workmen's COMPENSATION LAWS ARIZONA. 185 Settlement of Enforcement of any one in his behalf on any person named above in this section, or by mail, postpaid, to such person, addressed to the office, place of busi- ness or residence of the person notified. No want or defect or inaccu- racy of the notice shall be a bar to the right of the workman to claim and receive compensation under this chapter, or to maintain any proceed- ing to secure the same, unless the employer proves that he has been seriously prejudiced by such lack of notice. No compensation shall be claimed or allowed so long as such notice is not given. If the workman is killed, or otherwise rendered incompetent to give the notice, the same is not hereby required, nor is any notice required to be given by the personal representative of such deceased person. It shall be the duty of any one giving a notice as in this section provided, to mail a duplicate copy to the attorney general of this State. Sec. 75. Any question which may arise between the employer and the workman or his personal representative, under this chapter, shall "^P" ^' be determined either (1) by written agreement between the parties, or (2) by arbitration, or (3) by reference and submission to the attorney general of this State; and in case of a refusal or failure of the employer and workman, or such personal representative, to agree upon a settle- ment by either of the modes above provided, then by a civil action at law, showing such refusal or failure as a reason for suit. If any em- ployer fails to make and pay compensation, as in this chapter provided, for a period of three months after the date of the accident, or for any two months or more after payment of the last monthly compensation, then the injured workman, if surviving, or the personal representative, in case of death, may bring an action m any court of competent juris- diction to recover and enforce the compensation herein provided. ' Such action shall be conducted as near as may be in the same nianner as other civil actions at law. The action shall be brought within one Limitation, year after the happening of the accident, or after the nonpayment of any semimonthly installment theretofore fixed by agreement or other- wise; or within one year after the appointment of a personal represen- tative of the decedent. The judgment in such action, when in favor of the plaintiff, shall be for a sum equal to the amount of payments then due and prospectively due under the provisions of this chapter. The judgment shall be for the total amount thereof and collectible without relief from valuation or appraisement laws. And the court awarding the judgment shall, by proper order, direct that the same shall be paid ratably to the workman, if living, in semimonthly install- ments until the determination of the periods provided in this chapter the same as if such payments were being made voluntarily or without suit in conformity with this chapter. The judgment by agreement, if it appears to the court to be for the best interests of the workman, may oe paid in lump and not otherwise. The court rendering the judgment is hereby given power from time to time to make such orders touching the matter of payments as may appear best to provide for the maintenance and support of the workman and his family during his infirmity, and for his and their benefit and security. The employer shall have the right to stay the judgment in whole, whether the same is to be paid in lump sum or monthly installments, upon securing the same by one or more freehold sureties or a surety company, to be ap- proved by the court rendering the judgment, who shall enter into a recognizance acknowledging themselves bound for the defendant for the payment of the judgment in lump or in partial payments as the same is, or shall be made, payable, together with interest and costs. On failure of any one or more of such payments by the employer, execution may issue out of said court and cause, against such defend- ant, and his bail from time to time leviable and collectible without relief from valuation or appraisement or stay laws. The recognizance shall be written upon the order book of the court and immediately following the entry of the judgment and s^ed by such bail and docketed in the judgment docket of the court against such defendant and bailors, which shall bind the property of the same in the same manner as the judgment binds the property of the employer. In an action by a personal representative of a deceased workman, the court shall determme the proportions of the judgment, whether in lump or in installments, to be distributed between the widow and child, or Distributioi. Payments. 186 APPENDIX workmen's COMPENSATION LAWS ^ARIZONA, children, with, power to alter and amend the proportiorunent from time to time on petition of any party interested as the court may deem best for the support, maintenance, and education of such widow and children. Attorney's fees. In any action under this chapter the court shall fix and allow, at the time of entering the judgment against the employer, a reasonable fee to the workman's attorney, to be taxed against the employer as costs, and collectible in the same manner. From such allowance there shall be no right of appeal. Such attorney shall have no claim for compensation iipon the judgment or its proceeds, other than as herein provided. But no allowance, or any fee payable by the work- man to an attorney for services, or any fee payable by the workman to an attorney for services in securing a recovery or disbursement, shall ever exceed twenty-five (25) per centum of the principal of the sum recovered; and the same shall not be made a lien on the recovery of its proceeds, except as may be determined and allowed and fijced by the court. Payments are Sec. 76. Any workman entitled to monthly or other payments from preferred claims, ^j. ^^ g^j^y ju(jgmejit against any employer as above provided, as com- pensation shall have the same preferential claim therefor against the property and assets of the employer and any bailor, as now is allowed bylaw for unpaid wages or personal services. No judgment or any part thereof, nor monthly payments due, or coming due, under this chapter shall be assignable by the workman or subject to mortgage, levy, execution, or attachment. But the same shall stand as a con- tinuing provision for the maintenance and support of such injiued workman during his incapacity for the periods provided in this chapter. Mental incom- Sec. 77. In case an injured workman, having a right of action under petence. ^g pj-gvisions of this chapter, shall be mentally incompetent at the time when any right or privilege accrues thereunder to him, a guardian may be appointed by any court having jurisdiction, to secure and protect the rights of such workman; and the guardian may claim and exercise any and all of such rights or privileges with the same force and effect as if the workman himself had been competent and had claimed or ex- ercised any such right or privilege ; and no limitation of time provided in any of the foregoing sections shall run so long as said incompetent workman has no guardian. Eflact of act. Sec. 78. This chapter shall be construed as a continuation of the law contained in chapter 14 of the laws of the first legislature of the State of Existing con- Arizona, second session. All workmen employed by an eniployer at tracts. manual and mechanical labor of the kinds defined in section 67 of this title shall be deemed and held in law to be employed and worldng subject to the provisions of this chapter, and the employer and the workman shall alike be bound by and shall have each, and every bene- fit and right given in this chapter the same as if a mutual contract to that effect were entered into between the employer and the workman at any time before the happening of any accident. It shall be lawful, however, for the employer and workmen to disaffirm an employment ujider the provisions of this chapter by written contract between them, or by written notice by one to, and served upon the other to that effect before the day of the accident. Substitute Provided, Such written contract does not provide for less compensa- sciiemes. ^^^ ^.jjg^jj g^ provided in this chapter. And in the absence of such written contract or written notice, served as above provided, it shall be taken and held that the employment and service is under this chapter; and the same shall be the sole measure of their respective rights and liabilities when and as provided in this chapter. Suits. Provided, If, after the accident, either the employer or the workman shall refuse to make or accept compensation under this chapter or to proceed under or rely upon the provisions hereof for relief, then the other may pursue his remedy or make his defense under other existing statutes, the State constitution, or the common law, except as herein provided, as his rights may at the time exist. Any suit brought by the workman for a recovery shall be held as an election to pursue such rem- edy exclusively. Agreements. Sec. 79. Any employer employing workmen to perform labor or serv- ices of other kinds than as defined in this chapter, and such workmen APPENDIX workmen's COMPENSATION LAWS ^ARIZONA. 187 and employees may, by agreement, at any time during the employment, accept and adopt tie provisions of this chapter as to liability for acci- dent, compensation, and the methods and means of paying and secur- ing and enforcing the same. And in every such case the provisions of this chapter shall be taken in law and fact to bind the parties as fully as if they were specifically mentioned and embraced in the provisions of this chapter. Sec. 80. This chapter is remedial in its purpose and shall be con- strued and applied so as to secure promptly and without burdensome expense to the workmen the compensation herein provided and appor- tioned so as to provide support during the periods named for the loss of ability to earn full wages. Sec. 81. Nothing in this chapter shall be deemed or taken to repeal or affect in any way any other acts or laws passed by the first legisla- ture of the State of Arizona, and as [sic] in so far as it refers to the same subject in other acts it shall be deemed to be cumulative only . Sec. 82. All acts and parts of acts in conflict with the provisions of Repealer, this act are hereby repealed. Sec. 83. This act shall take effect and be in force from and after the Act in effect, first day of October, 1913. Approved May 13, 1913. Nature of act. Constraction. CALIFORNIA. CONSTITUTION. Article XX. — Miscellaneous — Compensation of workmen for injuries. Section 21. The legislature may by appropriate legislation create Compulsory and enforce a liability on the part of all employers to compensate '^''^ authorized. their employees for any injury incurred by the said employees in the course of their employment irrespective of the fault of either party. The legislature may provide for the settlement of any disputes arising Settlement of under the legislation contemplated by this section, by arbitration, or "'^P"'^- by an industrial accident board, by the courts, or by either any or all of these agencies, anything in this constitution to the contrary not- withstanding. Amendment adopted October 10, 1911. ACTS OF 1913. Chapter 176. — Compensation for injuries to employees — State insurance fund. Section 1. This act shall be known, and may be cited, as the "Workmen's Compensation, Insurance and Safety Act" and shall apply to the subjects mentioned in its title. Sec. 2. The following terms as used in this act shall, unless a different meaning is plainly required by the context, be construed as follows: (1) The term "commission" means the Industrial Accident Com- mission of the State of California. (2) The term "commissioner" means one of the members of the commission. (3) The term "compensation" means compensation under this act and iacludes every benefit or payment conferred by sections twelve to thirty-six, inclusive, of this act upon an injured "employee, or in the event of his death, upon his dependents, without regard to negligence. (4) The term "damages" means the recovery allowed in an action at law as contrasted with compensation under this act. (5) The term "person" includes an individual, firm, voluntary association or a cprporation. (6) The term "insurance carrier" includes the State Compensation Insurance Fund herein created and any private company, corporation or mutual association authorized under the laws of this State to insure employers against liability for compensation under this act. Title. Definitions. 188 APPENDIX workmen's COMPENSATION LAWS CALIFORNIA. (7) The phrase "compenBation provisions^ of this act" means and includes sections twelve to thirty-five, inclusive, of this act. (8) The phrase "safety provisions of this act" means and includes sections fifty-one to seventy-two, inclusive, of this act. (9) Whenever in this act the singular is used the plural shall be included; where the masculine gender is used, the feminine and neuter shall be included. Industrial Ac- Sec. 3. There is hereby created a board to consist of three members sio™* form's- who shall be appointed by the governor from the State at large and which shall be known as the "Industrial Accident Commission" and shall have the powers, duties and functions hereinafter conferred. Within thirty days prior to the first day of January, 1914, the governor shall appoint the three members of said commission, one for the term of two years, one for the term of three years and one for the term of four years. Thereafter, the term of office of each commissioner shall be four years. Vacancies shall be filled by appointment in the same manner for the unexpired term. Each commissioner shall receive an annual salary of five thousand dollars. Each commissioner shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office. Organization. Sec. 4. The commission shall organize by choosing one of its members as chairman. A majority of the commission shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power or authority of the commission. A vacancy on the commission shall not impair me right of the remaining members to perform all the duties and exercise all the power and authority of the commission. The act of the majority of the com- mission, when in session as a commission, shall be deemed to be the act_ of the commission, but any investigation, inquiry or hearing, which the commission has power to undertake or to hold, may be undertaken or held by or before any member thereof or any referee appointed by the commission for that purpose, and every finding, order, decision, or award made by any commissioner or referee, pur- suant to such investigation, inquiry or hearing, when approved and confirmed by the commission and ordered filed in its office, shall be deemed to be the finding, order, decision or award of the commission. Sec. 5. The commission shall have a seal, bearing the following inscription: "Industrial accident commission State of California, seal." The seal shall be affixed to all writs and authentications of copies of records and to Such other instruments as the commission shall direct. All courts shall take judicial notice of said seal. Sec. 6. The commission shall keep its principal office in the city and county of San Francisco, and shall also keep an office in the city of Los Angeles, and shall provide itself with suitable rooms, necessary office furniture, stationery and other supplies. For the purpose of holding sessions in other places, the commission shall have power to rent temporary quarters. Sec. 7. Thecommission shall have full power and authority — (1) To appoint as its attorney an attorney at law of this State, who shall hold office at the pleasure of the commission. It shall be the right and the duty of the attorney to represent and appear for the people of the State of California and the commission in all actions and proceedings involving any question under this act or under any order or act of the commission and, if directed so to do by the commission, to intervene, if possible, in any action or proceeding m which any such question is involved; to commence, prosecute and expedite the final determination of all actions or proceedings, civil or criminal, directed or authorized by the commission; to advise the commission and each member thereof, when so requested, in regard to all matters in con- nection with the jurisdiction, powers or duties of the commission and members thereof; and generally to perform all duties and services as attorney to the commission which may be required of him. (2) To appoint, and it shall appoint, a secretary, who shall hold office at the pleasure of the commission. It shall be the duty of the secretary to keep a full and true record of all the proceedings of the com- mission, to issue all necessary processes, writs, warrants and notices which the commission is required or authorized to issue, and generally to perform such other duties as the commission may prescribe. The Seal. Office. Powers. APPENDIX workmen's COMPENSATION LAWS CALIEORNIA. 189 commission may also appoint such assistant secretaries as may be necessary and such assistant secretaries may perform any duty of the secretary, when so directed by the commission. (3) To appoint a manager of the State Compensation Insurance Fund who shall hold office at the pleasure of the commission. It shall be the duty of such manager to manage, supervise and conduct, subject to the general direction and approval of the commission, the business and affairs of the State Compensation Insurance Fund and to perform such other duties as the commission may prescribe. Before entering on the duties of his office, he must give an official bond in the sum of $50,000, and take and subscribe to an official oath. Said bond must be approved by the commission, by written indorsement thereon, and be filed in the office of the secretary of state. (4) To appoint a superintendent of the department of safety, who shall hold office at the pleasure of the commission and who shall per- form such duties as the commission shall prescribe. (5) To employ such other assistants, officers, expert?, statisticians, actuaries, accountants, inspectors, referees and other' employees, as it may deem necessary to carry out the provisions of this act, or to per- form the_ duties and exercise the powers conferred by law upon the commission. Sec. 8. All officers and employees of the commission shall receive Compensation. such compensation for their services as may be fixed by the commission and shall hold office at the pleasure of the commission and shall per- form such duties as are imposed on them by law or by the commission. The salaries of the members of the commission, its attorney, secretary and assistant secretary, as fixed by law or the commission, shall be paid in the same manner as are the salaries of other State officers. The salary or compensation of every other person holding office or employ- ment under the commission, as fixed by law or by the commission, shall be paid monthly, after being approved by the commission, upon claims therefor to be auditedby the State board of control. All expenses incurred by the commission pursuant to the provisions of this act, including the actual and necessary traveling and other expenses and disbursements of the members thereof j its officers and employees, in- curred while on business of the commission, either within or without the State, shall, unless otherwise provided in this act, be paid from the funds appropriated^ for the use of_ the commission, after being approved by the commipsion^ upon claims therefor to be audited by the board of control: Provided, however, That no such expenses incurred outside_ of the State shall be allowed unless prior authorization therefor be obtained from the board of control. Sec. 9. In all cases in which salaries, expenses, or outgoings of one Apportionment department under the jurisdiction of the commission are expended in o' e''P™ses. whole or in part on behalf of another department the commission may apportion the same between such departments. Sec 10. The commission shall cause to be printed and furnished Forms and rec- free of charge to any employer or employee, or other person, such blank " forms as it shall deem requisite to facilitate or promote the efficient administration of this act; it shall provide a book in which shall be entered the minutes of all its proceedings, a book in which shall be recorded all awards made by the commission and such other books or records-as it shall deem requisite for the proper and efficient admin- istration of this act; all such records to be kept in the office of the commission. Sec. 11. The commission shall also have power and authority — Additional (1) To charge and collect the following fees: _ For copies of papers and P"™^^"^- records not required to be certified or otherwise authenticated by the commission, ten cents for each folio; for certified copies of official docu- ments and orders filed in its office or of the evidence taken on pro- ceedings had, 15 cents for each folio. (2) To publish and distribute in its discretion from time to time, in addition to its annual report to the governor of the State, such furlier reports and pamphlets covering its operations, proceedings and matters relative to its work as it may deem advisable. (3) To fix and collect reasonable charges for publications issued under its authority. 190 APPENDIX workmen's COMPENSATION LAWS CALIFORNIA. (4) The fees charged and collected under this section shall be paid monthly into the treasury of the State to the credit of the "Industrial Accident Fund" and shall be accompanied by a detailed statement thereof. Liability with- Sec. 12. (a) Liability for the compensation provided by this act, in out negligence, jjg^ ^f ^^y other liability whatsoever, shall, without regard to negli- gence, exist against an employer for any personal injury sustained T)y his employees by accident arising out of and in the course of the em- ployment and for the death of any such employee if the injury shall prox- imately cause death, in those cases where the following conditions of compensation concur: (1) Where, at the time of the accident, both the employer and em- ployee are subject to the compensation provisions of this act. (2) Where, at the time of the accident, the employee is performing service growing out of and incidental to his employment and is acting within the course of his employment as such. (3) Where the injury is proximately caused by accident, either with or without negligence, and is not so caused by the intoxication or the willful misconduct of the injured employee. (b) Where such conditions of compensatibn exist, the right to recover such compensation pursuant to the provisions of this act, shall be the exclusive remedy against the employer for the injury or death, except that when the injury was caused by the employer's gross negligence or willful misconduct and such act or failure to act causing such injury was the personal act or failure to act on the part of the employer himself, or if the employer be a partnership on the part of one of the partners, or , if a corporation, on the part of an elective officer or officers thereof, and such act or failure to act indicated a willful disregard of the life, limb, or bodily safety of employees, any such injmed employee may, at his option, either claim compensation under this act or maintain an action at law for damages'. (c) In all other cases where the conditions of compensation do not concur, the liability of the employer shall be the same as if this act had not been passed. Wlio are em- Sbc.iIS. The term "employer" as used in sections twelve to thirty- ployers. 6.ve, inclusive, of this act shall be construed to mean: The State, and each county, city and county, city, school district and all public cor- porations therein, and every person, firm, voluntary association, and private corporation (including any public service corporation), who has any person in service under any appointment or contract of hire, or apprenticeship, express or implied, oral or written, and the legal representatives of any deceased Employer. Employees. Sec. 14. The term "employee" as used in sections twelve to thirty- five, inclusive, of this act shall be construed to mean: Every person in the service of an employer as defined by section thirteen hereof under any appointment or contract of hire or apprenticeship, express or im- plied, oral or written, including aliens and also including minors, but excluding any person whose employment is both casual and not in the usual course of the trade, business, profession or occupation of his employer, and also excluding any employee engaged in farm, dairy, a^icultural, viticultural or horticultural labor, in stock or poultry raising or in household domestic service. Compensation. Sec. 15. Where liability for compensation under this act exists such compensation shall be furnished or paid by the employer and be as provided in the following schedule: Medical, etc., (a) Such medical, surgical, and _ hospital treatment, including '™' nursing, medicines, medical and surgical supplies, crutches and appa- ratus, as may reasonably be required at the time of the injury and within ninety days thereafter, to cure and relieve from the effects of the injury, the same to be provided by the employer, and in case of his neglect or refusal seasonably to do so, the employer to be liable for the reasonable expense incurred by or on behalf of the employee in pro- viding the same. Disability. (6) 1. If the accident causes disability, a disability indemnity which shall be payable for one week in advance as wages on the fif- teenth day after the injured employee leaves work as a result of the injury, and thereafter on the employer's regular pay day, but not less care. APPENDIX WOEKMEN's COMPENSATION LAWS CALIFORNIA. 191 frequently than twice in each calendar month, unless otherwise ordered by the commission, subject, however, to the following limitations: (1) If the period of disability does not last longer than two weeks Waiting time, from the day the employee leaves work as the result of the injury, no disability indemnity whatever shall be recoverable. (2) If the period of disability lasts longer than two weeks from the day the employee leaves work as the result of the injury, no disability indemnity shall be recoverable for the first two weeks of such disability. • 2. The disability indemnity payable shall be as follows: (1) If the accident causes temporary total disability, sixty-five per , .'^°*^' ^'^^ cent of the average weekly earnings during the period of such disa- ""''y- bility; (2) If the accident causes temporary partial disability, sixty-five , ..^f '*^' ^'^ per cent of the weekly loss in wages during the period of such disability; °""y- (3) If the temporary disability caused by the accident is at times total and at times partial, the weekly disability indemnity during the periods of each such total or partial disability shall be in accordance with paragraphs (1) and (2) of this subdivision respectively; (4) Paragraphs (1)_, (2) and (3) of this subdivision shall be limited as follows: aggregate disability indemnity for a single injury causing tem- porary disability shall not exceed three times the average annual earnings of the employee, nor shall the aggregate disability period for such temporary disability in any event extend beyond two himdred forty weeks from the date of the accident. (5) If the accident causes permanent disability, the percentage of Permanent dis- disability to total disability shall be determined and the disability ^°"^*y- indemnity computed and allowed as follows: For a ten per cent disa- bility, sixty-five per cent of the average weekly earnings for a period of forty weeks; for a twenty per cent disability, sixty-five per cent of the average weekly earnings for a period of eighty weeks; for a thirty per cent disability, sixty -five per cent of the average weekly earnings for a period of one hundred twenty weeks; for a forty per cent disa- bility, sixty-five per cent of the average weekly earnings for a period of one hundred sixty weeks; for a fifty per cent disability, sixty-five per cent of the average weekly earnings for a period of two hundred weeks; for a sixty per cent disability, sixty-five per cent of the average weekly earnings for a period of two hundred forty weeks; for a seventy per cent disability, sixty-five per cent of the average weekly earnings for a period of two hundred forty weeks, and thereafter ten per cent of such weekly earnings during the remainder of life; for an eighty per cent disability, sixty-five per cent of the average weekly earnings for a period of two hundred forty weeks, and thereafter twenty per cent of such weekly earnings during the remainder of life; for a ninety per cent disability, sixty-five per cent of the average weekly earnings for a period of two hundred forty weeks and thereafter thirty per cent of such weekly earnings during the remainder of life; for a hundred per cent disability, sixty-five per cent of the average weekly earnings for a period of two hundred forty weeks and thereafter forty per cent of such weekly earnings during the remainder of life. (6) The indenmity for permanent disabilities intermediate to those fixed by the foregoing schedule shall be computed and allowed as fol- lows: If under seventy per cent, sixty-five per cent of the average weekly earnings for four weeks for each one per cent of disability; if seventy per cent or over, sixty-five per cent of the average weekly earnings for two hundred forty weeks and thereafter one per cent of such weekly earnings for each one per cent of disability in excess of sixty per cent to be paid during the remainder of life. (7) In determining the percentages of permanent disability, account shall be taken of the nature of the physical injury or disfigurement, the occupation of the injured employee and his age at the time of such injury. (8) Nothing contained in the foregoing schedule of permanent disa- bility indemnity shall be held to limit the amount of compensation recoverable for any such permanent injury during any period of total incapacity due to illness resulting from that injury, but any sum so received shall be deducted from the compensation payable in accord- ance with the said schedule. 192 APPENDIX workmen's compensation laws CALIFOENIA. (9) The following permanent disabilities shall be conclusively pre- sumed to be total in character: Loss of both eyes or the sight thereof; loss of both hands or the use thereof; an injury resulting in a practi- cally total paralysis; an injury to the brain resulting in incurable im- becility or insanity. In all other cases, permanent total disability shall be determined in accordance with the fact. DeathfoUowing 3. The death of the injured employee shall not affect the liability of disability. ^j^^ employer under subsections (a) and (fc) of this section, so far as such liability has accrued and become payable at the date of the death, and any accrued and unpaid compensation shall he paid to the dependents, if any, without administration, or if there are no depend- ents, to the personal representatives of the deceased employee or other person entitled thereto, but such death shall be deemed to be the termination of the disability. Compensation (c) If the accident causes death, either with or without disability, for death. ^ death benefit which shall be payable in installments equal to sixty- five per cent of the average weekly earnings of the deceased employee, upon the employer's regular pay day, but not less frequently than twice in each calendar month, unless otherwise ordered by the com- mission, which death benefit shall be as follows: (1) In case the deceased employee leaves a person or persons wholly dependent upon him for support, the death benefit shall be a sum suffi- cient, when added to the disability indemnity which, at the time of death has accrued and become payable, under the provisions of sub- section (6) hereof, to make the total disabUity indemnity and death Minimum and benefit equal to three times his average annual earnings, such annual maxunum earn- gaj^ijiga jg be taken at not less than three hundred and thirty-three dollars and thirty-three cents nor more than one thousand six hundred and sixty-six dollars and sixty-six cents. (2) In case the deceased employee leaves no person wholly depend- ent upon him for support, but one or more persons partially dependent therefor, the death benefit shall be such percentage of three times such average annual earnings of the employee as the annual amount devoted by the deceased to the support of the person or persons so partially de- pendent bears to such average annual earnings: Provided, That the death benefit shall not be greater than a sum sufficient, when added to the disability indemnity which, at the time of the death, has accrued and become payable under the provisions of subsection (5) hereof to make the total disability indemnity and death benefit equal to three times his average annual earnings, such average annual earnings to be taken at not less than three hundred and thirty-three dollars and thirty-three cents nor more than one thousand six hundred and sixty-six dollars and sixty-six cents. (3) If the deceased employee leaves no person dependent upon him for support, the death benefit shall consist of the reasonable expenses of his burial not exceeding one hundred dollars and such further death benefit as may be provided by law. (d) Payment of compensation in accordance with the order and direc- tion of the commission shall discharge the employer from all claims therefor. Limitations. Sec. 16. (a) Unless compensation is paid or an agreement for its payment made within the time limited m this section for the institu- tion of proceedings for its collection, the right to institute such pro- ceedings shall be wholly barred. (6) The periods within which proceedings for the collection of com- pensation may be commenced are as follows: _ (1) Proceedings for the collection of the benefit provided by subsec- tion (a) of section fifteen or for the collection of the disability indemnity provided by subsection (ft) of said section fifteen must be commenced within six months from the date of the accident, except as otherwise provided in this act. (2) Proceedings for the collection of the death benefit provided by subsection (e) of said section fifteen must be commenced within one year from the date of death, and in any event within two hundred forty weeks from the date of the accident, and can only be maintained when it appears that death ensued within one year from the date of the accident, or that the accident causing death also caused disability APPENDIX workmen's COMPENSATION LAWS CALIFOBNIA. 193 which continued to the date of the death and for which a disability- indemnity was paid, or an agreement for its payment made, or pro- ceedings for its collection commenced within the time limited for the commencement of proceedings for the recovery of the disability indemnity. (c) The payment of the disability indemnity or death benefit, or any part thereof , or agreement therefor, shall have the effect of extend- ing the period within which proceedings for its collection may be com- menced, six months from the date of the agreement or last payment of such disability indemnity or death benefit or any part thereof. (d) If an injured employee, or in the case of his death, one or more Minor and in- of his dependents, shall be a minor or incompetent at any tmie when any flcfaSffii°°* ""^ right or privilege accrues to such person under the provisions of this act, a general guardian, appointed by the court or a guardian ad litem or trustee appointed by the commission or a commissioner may, on behalf of any such person, claim and exercise any such right or privi- lege with the same force and effect as if no such disability existed; and no limitation of time provided by this act shall run against any such minor or incompetent unless and until such guardian or trustee is appointed. (e) No compensation shall be payable in respect of the death or dis- Refusing medl- ability of an employee if his death is caused, or it and so far as his cal treatment, disability is caused, continued, or aggravated, by an unreasonable refusal to submit to medical treatment, or to any surgical treatment, the risk of which is, in the opinion of the commission, inconsiderable in view of the seriousness of the injury. (J)_ The fact that an employee has suffered a previous disability, or Second injuries, receives compensation therefor, shall not prsclude him from compen- sation for a later injury, or his dependents from compensation for death resulting therefrom, but in determining compensation for the later injury, or death resulting therefrom, his average annual earnings shall be fixed at such sum as will reasonably represent his annual earning capacity at the time of the later injury. (g) Any payment, allowance or benefit received by the injured em- Payments not ployee during the period of his incapacity, or by his dependents in the event of his death, which by the terms of this act was not then due and payable or when there is any dispute or question concerning the right to compensation, shall not, in the absence of any agreement, be con- strued to be an admission of liability for compensation on the part of the employer, or the acceptance thereof as a waiver of any right or claim which the employee or his dependents may have against the em- ployer, but any such pajrment, allowance or benefit may be taken into account by the commission in fixing the amount of the compensation to be paid. Sec. 17. (a) The average weekly earnings referred to in section Computing fifteen hereof shall be one fifty-second of the average annual earnings ™n"°Bs. of the employee ; in computing such earnings his average annual earn- ings shall be taken at not less than three hundred and thirty-three dollars and thirty-three cents, nor at more than one thousand six hun- dred and sixty-six dollars and sixty-six cents and between said limits shall be arrived at as follows: (1) If the injured employee has worked in the same employment, whether for the same employer or not, during substantially the whole of the year immediately preceding his injury, his average annual earn- ings shall consist of three hundred times the average daily earnings, wage or salary which he earned as such employee dunng the days when so employed. (2) If the injured employee has not so worked in such employment during substantially the whole of such immediately preceding year, his average annual earnings shall consist of three hundred times the average daily earnings, wage or salary which an employee of the same class, working substantially the whole of such immediately pre- ceding year, in the same or a similar kind of employment, in the same or a neighboring place, earned during the days when so employed. (3) In every case where for any reason the foregoing methods of arriving at the average annual earnings of the injured employee can not reasonably and fairly be applied, such annual earnings shall be taken 22566°— S. Doe. 336, 63-2 13 194 APPENDIX WOEKMEn's COMPENSATION LAWS OALIFOENIA. Wage loss Dependents. Payments dependents. at such sum as, having regard to the previous earnings of the injured employee, and of other employees of the same or most similar class, working in the same or most similar employment, in the same or neigh- boring locality, shall reasonably represent the average annual earning capacity of the injured employee at the time of the injury in the kind of employment in which he was then working, or in any employment similar thereto. (6) In determining such average weekly earnings, there shall be included the market value of board, lodging, fuel and other advan- tages received by the injured employee, aa part of his remuneration and which can be estimated in money, but such average weekly earn- ings shall not include any sum which the employer paid to the injured employee to cover any special expenses entailed onnim by the nature of his emplojfinent. (c) If the injured employee is a minor, and his incapacity, whether total or partial, is permanent, his average weekly earnings shall be deemed, within the limits fixed, to be Qie weekly sum, that under ordinary circumstances he would probably be able to earn after ob- taining the age of twenty-one years, in the occupation in which he was employed at the time of the injury, if he had not been injiu-ed. Sec. 18. The weekly loss in wages referred to in section fifteen hereof shall consist of the difference between the average weekly earnings of the injured employee, computed according to the provi- sions of said section, and the weekly amount which the injured em- ployee, in the exercise of reasonable diligence, will probably be able to earn during the disability, to be determined in view of the nature and extent of the injury. In computing such jprobable earnings due regard shall be had to the ability of the injured employee to compete in an open labor market. Sec. 19. (a) The following shall be conclusively presumed to be wholly dependent for support upon a deceased employee: (1) A wife upon a huspand with whom she was living at the time of his death. (2) A husband upon a wife upon whose earnings he is partially or wholly dependent at the time of her death. (3) A child or children under the age of eighteen years (or over said age, but physically or mentally incapacitated from earning) upon the parent with whom he or they are living at the time of the death of such parent or for whose maintenance such parent was legally liable at the time of his death, there being no surviving dependent parent. (6) In all other cases, questions of entire or partial dependency and questions as to who constitute dependents and the extent of their dependency shall be determined in accordance with ttie fact, as the fact may be at the time of the death of the employee. (c) No person shall be considered a dependent of any deceased employee unless a member of the family of such employee or unless such person bears to such employee the relation of husband or wife, child, adopted child or stepchild, father or mother, father-in-law or mother-in-law, grandfather or grandmother, brother or sister, nephew or niece. (d) 1. If there is one or more persons wholly dependent for support upon a deceased employee, such person or persons shall receive tie en- tire death benefit, and any person or persons partially dependent shall receive no part thereof, unless otherwise ordered by the commission. 2. If there is more than one such person wholly dependent for sup- port upon a deceased employee, the death benefit shall be divided equally among them, unless otherwise ordered by the commission. 3. If there is more than one person partially dependent for support upon a deceased employee, and no person wholly dependent for sup- port, the amount allowed as the death benefit shall be divided among the persons so partially dependent in proportion to the relative extent of their dependency, unless otherwise ordered by the commission. ' (e) The death benefits shall be paid to such one or more of the de- pendents of the deceased, or to a trustee appointed by the commission, or a commissioner, for the benefit of the person or persons entitled, as may be determined by the commission, and the commission may, any- thing in this act contained to the contrary notwithstanding, apportion APPENDIX workmen's COMPENSATION LAWS OALIFOENIA. 195 such, benefits among the dependents in proportion to their respective needs and as may be just and equitable, and may order payment to a dependent subsequent in right, or not otherwise entitled, upon good cause being shown therefor. The person to whom the death benefit is paid for the use of the several beneficiaries shall apply the same in compliance with the findings and directions of the commission. Sec. 20. No claim to recover compensation under this act shall be Notice. maintained unless within thirty days after the occurrence of the acci- dent which is claimed to have caused the injury or death, notice in writing, stating the name and the address of the person injured, the time and the place where the accident occurred, and the nature of the injury, and signed by the person injured or some one in his behalf, or in case of his death, by a dependent or some one in. his behalf, shall be served upon the employer: Provided, however, That actual knowledge of such accident and injury on the part of such employer, or his managing agent or superintendent in charge of the work, upon which the injured employee was engaged at the time of the injury, shall be equivalent to such service: And provided, further. That the failure to give any such notice, or aji^ defect or inaccuracy therein, shall not be a bar to recov- ery under this act if it is found as a fact in the proceedings for the col- lection of the claim that there was no intention to mislead or prejudice the employer, and that he was not in fact misled or prejudiced thereby. Sec. 21. (a) Whenever in case of injury the right to compensation Medical eiami- under this act would exist in favor of any employee, he shall, upon the °™''°'- written request of his employer, submit from time to time to examina- tion by a practicing physician, who shall be provided and paid for by the employer, and shall likewise submit to examination from time to time by any physician selected by the commission or any member or referee thereof. (6) The request or order for such examination shall fix a time and place therefor, due regard being had to the convenience of the employee and his physical condition and ability to attend at the time and place fixed. The employee shall be entitled to have a physician provided and paid for by himself present at any such examination. So long as the employee, after such written request of the employer, shall fail or refuse to submit to such examination or shall in any way obstruct the same, his right to begin or maintain any proceediag for the collection of compensation shall be suspended, and if he shall fail or refuse to sub- mit to such examination after direction by the commission, or any member or referee thereof, or shall in any way obstruct the same, his right to the weekly indemnity which shall accrue and become payable during the period of such failure, refusal or obstruction, shall be barred. Any physician who shall make or be present at any such examination may be required to testify as to the results thereof. Sec. 22. Upon filing with the commission by any party in interest Eeferences to of an application in writing stating the general nature of any dispute "'"'"n'ssion. or controversy concerning compensation, or concerning any right of liability arising out of, or incident thereto, jurisdiction over which is vested by tliis act in the commission, a time and place shall be fixed for the hearing thereof, which shall be not less than ten days nor more than forty days after the filing of such application. The person filing such application shall be known as the applicant and the adverse party diall be known as the defendant. A copy of said application, together with a notice of the time and place of hearing thereof, shall forthwith be served upon all adverse parties and may be served either as a summons in a civil action or in the same manner as any other notice that is authorized or required to be served under the provisions of this act. A notice of the time and place of hearing shall also be served upon the applicant. Sec. 23. If any defendant desires to disclaim any interest in the sub- Amendments, ject matter of the claim in controversy, or considers that the applica- tion is in any respect inaccurate or incomplete, or desires to bring any fact, paper or document to the attention of the commission as a defense to the claim, or otherwise, he must within five days' after the service of the application upon him, file with or mail to the commission his answer setting forth the particulars in which the application is inaccu- 196 APPENDIX workmen's COMPENSATION LAWS CALIFOENIA. Procesdings Awards. Revision. Filing in court. Stay. Entry of satis- faction. rate or incomplete, and the facts upon which, he intends to rely. A copy of such answer must be forthwith served upon all adverse parties. Sec. 24. (a) No pleadings, other than the application and answer, shall be required. The hearing on the application may be adjourned from time to time and from place to place in the discretion of the com- mission . Either party shall have the right to be present at any hearing, in person or by attorney or by any other agent, and to present such tes- timony as shall be pertinent under the pleadings, but the commission may, with or without notice to either party, cause testimony to be taken, or insj)ection of the premises where the injury occurred to be made, or the time books and pay roll of the employer to be examined by any commissioner or any referee appointed by the commission, and may from time to time direct any employee claiming compensation to be ex- amined by a regular physician ; the testimony so taken and the results of any such inspection or examination to be reported to the commission for its consideration. (6) The parties to a controversy may stipulate the fa,cts' relative thereto in writing and file such stipulation with the commission. The commission may thereupon make its findings and award based upon such stipulation, or may in its discretion set the matter down for hearing and take such further testimony or make such further investi- gations as may be necessary to enable it to completely determine the matter in controversy . Sec. 25. (a) After final hearing by the commission, it shall, within thirty days, make and file (1) its findings upon all facts involved in the controversy and (2) its award which shall state its determination as to the rights of the parties. (5) The commission in its award may fix and determine the total amount of compensation to be paid and specify the manner of payment, or may fix and determine the weekly disability indemnity to be paid and order payment thereof during the continuance of such disability. (c) If, in any proceeding under sections twelve to thirty-five, in- clusive, of this act, it is proved that an accident has happened for which the employer would be liable to pay compensation if disability had resulted therefrom, but it is not proved that any incapacity had resulted, the commission may, instead of dismissing the application, award a nominal disability indemnity, if it appears that disability is likely to result at a future time. (d) The commission shall have continuing jurisdiction over all its orders, decisions and awards made and entered under the provisions of sections twelve to thirty-five, .inclusive, of this act and may at any time, upon notice, and after opportunity to be heard is given to the parties in interest, rescind, alter or amend any such order, decision or award made by it upon good cause appearing therefor. Provided, That no award of compensation shall be rescinded, altered or amended after two hundred forty-five weeks from the date of the accident. Any orSer, decision or award rescinding, altering or amending a prior order, decision or award shall have the same effect as is herein provided for original orders, decisions or awards. awards Sec. 26. (o) Any party affected thereby may file a certified copy of the findings and award of the commission with the clerk of the superior court for any county, or city and county, and judgment must be entered by the clerk in conformity therewith immediately upon the filing of such findings and award. (b) The certified copy of the findings and award of the commission and a copy of the judgment shall constitute the judgment roll. The pleadings, all orders of the commission, its original findings and award, and all other papers or documents filed in the cause shall remain on file in the office of the commission. (c) The commission, or any member thereof, may stay the execution of any judgment entered upon an award of the commission, upon good cause appearing therefor and upon such terms and conditions as may be imposed. A certified copy of such order shall be filed with the clerk entering such judgment. (d) Satisfaction of a judgment entered upon the award of the com- mission may be entered in the manner provided by law for the satis- APPENDIX — workmen's COMPENSATION LAWS — CALIPOBNIA. 197 faction of judgment. _ When a judgment is satisfied in fact, otherwise than upon an execution, the commission may, upon motion of either party or of its own motion, order the entry of satisfaction of the judg- ment to be made, and upon filing a certified copy of such order with said clerk, he shall thereupon enter such satisfaction. Sec. 27. The orders, findings, decisions or awards of the commission Court review. made and entered under sections twelve to thirty-five, inclusive, of this act may be reviewed by the courts specified in sections eighty-four and eighty-five hereof and within the time and in the manner therein specified and not otherwise. Sec. 28. No fees shall be charged by the clerk of any court for the ^«es- performance,of any official service required by this act, except for the docketing of awards as judgments and for certified copies of transcripts thereof. In all proceedings under this act before the.commission, costs as between the parties shall be allowed or not in the discretion of the commission, and the commission may in its discretion, where payments of compensation have been unreasonably delayed, allow the beneficiary thereof interest thereon, at not to exceed one and one half per cent per month, during such period of delay. Sec. 29. (a) No claim for compensation shall be assignable before Assignment of payment, but this provision shall not affect the survival thereof, nor <"*'™^- shall any claim for compensation, or compensation awarded, adjudged or paid, be subject to be taken for the debts of the party entitled to such compensation, except as hereinafter provided. (5) The commission may fix and determine and allow as a lien Liens, against; any amount to be paid as compensation: (1) A reasonable attorney's fee for legal services pertaining to any claim for compensation or application filed therefor and the reasonable disbursements in connection therewith. (2) The reasonable expense incurred by or on behalf of the injured employee and for which the employer is uable under the provisions of subsection (a) of section fifteen hereof. (3) The reasonable burial expenses of the deceased employee, not to exceed the sum of one hundred dollars. (c) If notice in writing be given to the employer setting forth the Claim a lien, nature and extent of any claim, that ma,y be allowed as a lien, the said '^'^'"^■ claim shall be a lien against any amount thereafter to be paid as com- pensation, subject to the determination of the amount and approval thereof by the commission. The commission may, in its discretion, order the amount of such claim as fixed and allowed by it paid directly to the person entitled, either in a lump sum or in installments. {d) No claim or agreement for the legal services or disbursements mentioned in paragraph (1) of subsection (6) hereof, or for the expense mentioned in paragraph (2) of said subsection (6), in excess of a reason- able amount, shall be valid or binding in any respect. (e) A claim for compensation for the injury or death of any employee, Preference. or any award or judgment entered thereon, shall have the same prefer- ence over the other unsecured debts of the employer as is given by law to claims for wages. Such preference shall be for the entire amount of compensation to be paid, but this section shall not impair the lien of any previous award. Sec. 30. The liability of principals and contractors for compensation Principals and under this act, when other than the immediate employer of the injured """tractors, employee, shall be as follows: (a) The principal, any general contractor and each intermediate contractor who undertakes to do, or contracts with another to do, or to have done, any work, shall be liable to pay to any employee injured while engaged in the execution of such work, or to his dependents in the event of his death, any compensation which the immediate em- ployer is liable to pay. (6) The person entitled to such compensation shall have the right to recover the same directly from his immediate employer, and in addi- tion thereto the right to enforce in his own name, in the manner pro- vided by this act, the liability for compensation imposed upon other persons by this section, either by making such other persons parties to the original application or by filing a separate application: Provided, however, That payment in whole or in part of such compensation by 198 APPENDIX WOEKMEN's COMPENSATION LAWS CALIFOENIA. Claim as signment. Waivers. Settlements either the immediate employer or other person shall, to the extent of such payment, be a bar to recovery against the other by any person entitled to such compensation. (c) When any person, other than the immediate employer, shall have paid any compensation for which he would not have been liable inde- pendently of this section, he shall, unless he caused the injury, be en- titled to recover the full amount so paid from the person primarily liable therefor. (d) The liability imposed by this section upon such principal, gen- eral contractor and intermediate contractor shall be subject to the fol- lowing limitations: (1) Such liability shall exist only in cases where the injury occurred on or in or about the premises on which the principal, general contrac- tor or intermediate contractor has undertaken to execute any work, or when such premises or work are otherwise under his control or manage- ment. (2) Such liability shall not exist in the event that the immediate employer, or other person primarily liable for the compensation shall, previous to the happening of such accident, have taken out, and main- tained in full force and effect, compensation insurance with any insur- ance carrier, covering his full liability for compensation to the injured person or his dependents. (3) The commission may, in its discretion, order that execution against the principal, general contractor and any intermediate con- tractor, be stayed until execution against the immediate employer shall be returned unsatisfied. - Sec. 31. The making of a lawful claim against an employer for com- pensation under this act for the injury or death of his employee shall operate as an assignment to the employer of any right to recover dam- ages which the injured employee, or his personal representative, or other person, may have against any other party for such injury or death, and such employer shall be subrogated to any such right and may en- force in his own name the legal liability of such other party. The amount of compensation paid by the employer, or the amount of com- pensation to which the injured employee or his dependents is entitled, shall not be admissible in evidence in any action brought to recover damages, but any amount collected by the employer, under the pro- visions of this section, in excess of the amount paid by the employer, or for which he is liable, shall be held by him for the benefit of the injured employee or other person entitled. Sec. 32. (o) No contract, rule or regulation shall exempt the employer from liability for the compensation fixed by this act, but nothing in this act contained shall be construed as impairing the right of the parties interested to settle, subject to the provisions herein contained, any liability which may be claimed to exist under this act on account of such injury or death, or as conferring upon the dependents of any injured employee any interest which such employee may not divert by such settlement or for which he, or his estate, shall, in the event of such settlement by him, be accountable to such dependents or any of them. (5) The compensation herein provided shall be the measure of the responsibility which the employer has assumed for injuries or death that may occur to employees in his employment when subject to the provisions of this act, and no release of liability or settlement agree- ment shall be valid unless it provides for the payment of full compensa- tion in accordance with the provisions of this act or until and unless it shall be approved by the commission. (c) A copy of any such release or settlement agreement signed by both parties shall forthwith be filed with the commission. When such release or settlement agreement is filed with the commission and approved by it, the commission may of its own motion, or on the appli- cation of either party, withiiut notice, enter its award based upon such release or settlement agreement. (d) Every such release or settlement agreement shall be in writing, duly executed and attested by two disinterested witnesses, and shall specify the date of the accident, the average weekly wages of the employee, determined according to section seventeen hereof, the nature APPENDIX — WORKMEN^S COMPENSATION' LAWS — CALIFORNIA. 199 of the disability, whether total or partial, pernianent or temporary, the amount paid or due and unpaid to the employee up to the date of the release or agreement or death, as the case may be, and, if any, the amount of the payment or benefits then or thereafter to be made, and the length of time that such payment is to continue. In case of death there shall also be stated in such release or settlement agreement the date of death, the name of the widow, if any, the name and ages of all children, if any, and the names of all other dependents, if any, and whether such dependents be total or partial, and the amount paid or to be paid as a death benefit and to whom such payment is to be made. Sec. 33. (a) Atthe time of making its award or at any time there- Lumpsums, after the commission on its own motion, either with or without notice, or upon application of either party with due notice to the other, may in its discretion, commute the compensation payable under this act to a lump sum, if it appears that such commutation is necessary for the protection of the person entitled thereto, or for the best interest of either party, or that it will avoid undue expense or hardship to either party, or that the employer has sold or otherwise disposed of the greater part of his assets, or is about to do so, or that the employer is not a resident of this State, and the commission may order such compensa- tion paid forthwith or at some future time. (6) The amount of the commuted payment shall be determined in accordance with the following provisions: (1) If the accident causes temporary disability, the commission shall estimate the probable duration thereof and the probable amount of the temporary disability indemnity payable therefor in accordance with the provisions of section fifteen hereof and shall fix the lump sum payment at such amount so determined. (2) If the accident causes permanent disability or deathj the com- mission shall fix the total amount of the permanent disability indemnity or death benefit payable therefor in accordance with the provisions of said section fifteen and shall estimate the present value thereof, assum- ing interest at the rate of six per centum per annum, disregarding the probability of the beneficiary's death in all cases except where the percentage of permanent disability is such as to entitl3 the beneficiary to a life pension, and then taking into consideration the probability of the beneficiary's death only in estimating the present value of such life pension. (c) The commission, in its discretion may order the lump-sum pay- ment, determined as hereinbefore provided, paid directly to the injured employee or to his dependents, or deposited with any savings bank or trust company authorized to transact business in this State, that will agrje to accept the same as a deposit bearing interest at not less than four per cent par annum, or the commission may order the same deposited with the State Compensation Insurance Fund. Any such amount so deposited, together with all interest thereon, shall thereafter be held in trust for the injured employee, or in the event of his death, for his dependents, who shall have no further recourse against the employer. Payments from said fund, when so deposited, shall be made by the trustee only in the same amounts and at the same times as fixed by the order of the commission and until said fund and interest thereon shall be exhausted. In the appointment of the trustee preference shall be given, in the discretion of the commission, to the choice of the injured employee or his dependents. Upon the making of such pay- ment, the employer shall present to the commission a proper receipt evidencing the same, executed either by the injured employee or his dependents, or by the trustee, and the commission shall thereupon issue its certificate in proper form evidencing the same, and such cer- tificate, upon filing with the clerk of the superior court in which any judgment upon an award may have been entered, shall operate as a satisfaction of said award and shall fully discharge the employer from any further liability on account thereof. Sec. 34. (a) Nothing in this act shall affect the organization of any Mutual, etc., in- mutual or other insurance company, or any existing contract for in- nfe™"* compa- surance or the right of the employer to insure in mutual or other com- panies, in whole or in part, against liability for the compensation pro- vided for by this act; or, to provide by mutual or other insurance, or by 200 APPENDIX WOEKMEn's COMPENSATION LAWS CALIFOENIA. arrangement with his employees, or otherwise, for the payment to such employees, their families, dependents or representatives, of sick, acci- dent, or death benefits, in addition to the compensation provided tor by this act. « + 4 v Liability not to (6) Liability for compensation shall not be reduced or allectea Dy be reduced. ^^y insurance, contribution, or other benefit whatsoever due to or re- ceived by the person entitled to such compensation, except as other- wise provided by this act, and the person so entitled shall, irrespective of any insurance or other contract, except as otherwise provided m this act, have the right to recover such compensation directly from the em- ployer, and in addition thereto, the right to enforce in his own name, in the manner provided in this act, either by making the insurance car- rier a party to the original application or by filing a separate application, the liability of any insurance carrier, which may, in whole or in part, have insured against liability for such compensation : Provided, however, That payment in whole or in part of such compensation by either the employer or the insurance company shall, to the extent thereof, be a bar to recovery against the other of the amount so paid : And provided, further. That as between the employer and the insurance company, payment by either directly to the employee, or to the person entitled to compensation, shall be subject to the conditions of the insurance con- tract between them. Direct liability, (c) Every contract insuring against liability for compensation, or in- surance policy evidencing the same, must contain a clause to the effect that the insurance carrier shall be directly and primarily liable to the employee and, in the event of his death, to his dependents, to pay the compensation, if any, for which the employer is liable; that, as between the employee and the insurance carrier, the notice to or knowledge of the occurrence of the injury on the part of the employer shall be deemed notice or knowledge, as the case may be, on the part of the insurance carrier; that jurisdiction of the employer shall, for the purpose of this act, be jurisdiction of the insurance carrier and that the insurance car- rier shall in all things be bound by and subject to the orders, findings, decisions or awards rendered against the employer under the provi- sions of this act. Employee's (d) Such policy must also provide that the employee shall have a rights. fijst lien upon any amount which shall become owing on account of such policy to the employer from the insurance carrier and that in case of the legal incaj)acity or inability of the employer to receive the said amount and pay it over to the employee or his dependents, the said in- surance carrier may and shall pay the same directly to the said em- ployee or his dependents, thereby discharging to the extent of such payment the obligation of the employer to the employee, and such policy shall not contain any provisions relieving the insurance carrier from payment when the employer becomes insolvent or is discharged in bankruptcy, or otherwise, during the period that the policy is in operation or the' compensation remains owing. Employer re- (e) 1. If the employer shall be insured against liability for compensa- lievedl when. ^Jqj^ .^j^j^ ^^-y insurance carrier, and if after the happening of any acci- dent such insurance carrier shall serve or cause to be served upon any Eerson claiming compensation against such employer a notice that it as assumed and agreed to pay the compensation, if any, for which the employer is liable, and shall file a copy of such notice with the com- mission, such employer shall thereupon be relieved from liability for compensation to such claimant and the insurance carrier shall, without notice, be substituted in place of the employer in any proceeding there- tofore or thereafter instituted by such person to recover such compensa- tion, and the employer shall be dismissed therefrom. Such proceeding shall not abate on account of such substitution but shall be continued against such insurance carrier. 2. If at the time of the happening of an accident for which compensa- tion is claimed, or may be claimed, the employer shall be insured against liability for the full amount of compensation payable, or that may become payable, the employer may serve or cause to be served upon any person claiming compensation on account of the happening of such accident and uj)on the insurance carrier a notice that the in- surance carrier has, in its policy contract or otherwise, assumed and APPENDIX workmen's COMPENSATION LAWS CALIFORNIA. 201 Insurer's rights. Limited cies. poli- agreed to pay Iho compensation, if any, for which the employer is liable, and may file a copy of such' notice with the commission. If it shall thereafter appear to the satisfaction of the commission that the insurance carrier has, through the issuance of its contract of insurance or otherwise, assumed such liability for compensation, such employer shall thereupon be relieved from liability for compensation to such claimant and the insurance carrier shall, after notice, be substituted in place of the employer in any proceeding theretofore or thereafter insti- tuted by such person to recover such compensation, and the employer shall be dismissed therefrom. Such proceeding shall not abate on ac- count of such substitution, but shall be continued against such insurance carrier. (/) Where any employer is insured against liability for compensation with any insurance carrier and such insurance carrier shall have paid any compensation for which the employer was liable, or shall have assumed the liability of the employer therefor, it shall be subrogated to all the rights and duties of the employer and may enforce any such rights in its own name. Sec. 35. (a) If any insurance policy shall be issued covering liability for compensation, which policy shall contain' any limitation as to the compensation payable, such limitation shall be printed in the body of such policy in boldface type and in addition thereto the words "limited compensation policy " shall be printed on the top of the policy in bold- faced type not less than eighteen point in size. (6) No insurance carrier shall insure against the liability of the em- ,ja^g^7 ° ^ ployer for damages recoverable at law by the injured employee under the optional provisions contained in section twelve hereof, and any insurance carrier liable to any such injured employee for compensation upon the payment of the same shall have the same option given by said section twelve to such employee and shall be fully subrogated to his rights, and may enforce such liability for damages against the employer in its own name, anything in the insurance contract to the contrary notwithstanding. Sec. 36. There is hereby created and established a fund to be known j„^^^ as the "State Compensation Insurance Fund," to be administered by the Industrial Accident Commission of the State, without liability on the part of the State beyond the amount of said fund, for the purpose of insuring employers against liability for compensation under this act and insuring to employees and other persons the compensation fixed by this act for employees and their dependents. "Sec. 37. (a) The State Compensation Insurance Fund shall be a revolving fund and shall consist of such specific appropriations as the legislature may from time to time make or set aside for the use of such fund, all premiums received and paid into the said fund for compensa- tion insurance issued, all property and securities acquired by and through the use of moneys belonging to said fund and all interest earned upon moneys belonging to said fund and deposited or invested, as herein provided. (6) Said fund shall be applicable to the payment of losses sustained on account of insurance and to the payment of the salaries and other expenses to be charged against said fund in accordance with the pro- visions contained in this act. (c) Said fund shall, after a reasonable time during which it may es- tablish a business, be fairly competitive with other insurance carriers, and it is the intent of the legislature that said fund shall ultimately become neither more nor less than self-supporting. Sec 38. (a) The commission is hereby vested with full power, authority and jurisdiction over the State Compensation Insurance Fund and may do and perform any and all things whether herein specifically designated, or in addition thereto, which are necessary or convenient in the exercise of any power, authority or jurisdiction over said fund in the administration thereof, or in connection with the in- surance business to be carried on by it under the provisions of this act, as fully and completely as the governing body of a private insurance carrier might or could do. (b) The commission shall have full power and authority, and it shall be its duty, to fix and determine the rates to be charged by the State State insurance Same subject. Powers of com- mission. 202 APPENDIX workmen's COMPENSATION LAWS CALIFORNIA. Powers of man- ager. Kates. Compensation Insurance Fund for compensation insurance, and to manage and conduct all business and affairs in relation thereto, all of which business and affairs shall be conducted in the name of the State Compensation Insurance Fund, and in that name, without any other name or title, the commission may — (1) Sue and be sued in all the courts of the State in all actions arising out of any act, deed, matter or thing made, omitted, entered into, done, or suffered in connection with the State Compensation Insurance Fund, the administration, management or conduct of the business or affairs relating thereto. (2) Make and enter into contracts of insurance as herein provided, and such other contracts or obligations relating to the State Compen- sation Insurance Fund as are authorized or permitted under the pro- visions of this act. (3) Invest and reinvest the moneys belonging to said fund as herein- after provided. (4) Conduct all business and affairs, relating to the State Compensa- tion Insurance Fund, whether herein specifically designated or in ad- dition thereto. (c) The commission may delegate to the manager of the State Com- pensation Insurance Fund, or to any other officer, under such rules and regulations and subject to such conditions as it may from time to time prescribe, any of the powers, functions or duties, conferred or imposed on the commission under the provisions of this act in connec- tion with the State Compensation Insurance Fund, the administra- tion, management and conduct of the business and affairs relating thereto, and the officer or officers to whom such delegation is made may exercise the powers and functions and perform the duties dele- gated with the same force and effect as the commission, but subject to its approval. (d) The commission shall not, nor shall any commissioner, officer or employee thereof, be personally liable in his private capacity for or on account of any act performed or contract or other obligation entered into or undertaken m an official capacity, in good faith and without intent to defraud, in connection with the administration, management or conduct of the State Compensation Instance Fund, its business or other affairs relating thereto. Sec 39. In conducting the business and affairs of the State Com- pensation Insurance Fund, the manager of the said fund or other officer to whom such power and authority may be delegated by the commis- sion, as provided by subsection (c) of section thirty-eight hereof, shall have full power and authority: (1) To enter into contracts of insurance, insuring employers against liability for compensation and insuring to employees and other persons the compensation fixed by this act. (2^ To sell annuities covering compensation benefits. (3) To decline to insure any risk in which the minimum require- ments of the commission with regard to construction, equipment and operation are not observed, or which is beyond the safe carrying of the State Compensation Insurance Fund, but shall not have power or authority, except as otherwise provided in this subdivision, to refuse to insure any compensation risk tendered with the premium therefor. (4) To reinsure any risk or any part thereof. (5) To inspect and audit, or cause to be inspected and audited the pay rolls of employers applying for insm-ance against liability for com- pensation. (6) To make rules and regulations for the settlement of claims against said fund and to determine to whom and through whom the payments of compensation are to be made. (7) To contract with physicians, surgeons, and hospitals for medical and surgical treatment and the care and nuising of injured persons entitled to benefits from said fund. Sec. 40. (a) It shall be the duty of the commission to fix and deter- mine the rates to be charged by the State Compensation Insurance Fund for compensation insurance coverage as herein provided, and such rates shall be fixed with due regard to the physical hazards of each industry, occupation or employment and, within each class, so APPENDIX -workmen's COMPENSATION LAWS CALIFORNIA. 203 far as practicable, in accordance with the elements of bodily risk or safety or other hazard of the plant or premises or work of each insured and the manner in which the same is conducted , together with a reason- able regard for the accident experience and history of each such insured, and the means and methods of caring for injiu-ed persons, but such rates shall take no account of the extent to which the employees in any par- ticular establishment have or have not persons dependent upon them for support. (6) The rates somade shall be that percentage of the pay roll of any ernployer which, in the long run and on the average, shall produce a sufficient sum, when invested at three and one-hali per cent interest: (1) To carry all claims to maturity; that is to say the rates shall be based upon the "reserve" and not upon the "assessment" plan; (2) To meet the reasonable expenses of conducting the business of such insurance; (3) To produce a reasonable surplus to cover the catastrophe hazard. Sec. 41. The insurance contracts entered into between the State Contracts. Compensation Insurance Fund and persons insuring therewith may be- either limited or unlimited and issued for one year or, in the form of stamps or tickets or otherwise, for one month or any number of months less than one year, or for one day or any number of days less than one month, or during the performance of any particular work, job or con- tract: Provided, That the rates charged shall be proportionately greater for a shorter than for a longer period and that a minimum premium charge shall be fixed in accordance with a reasonable rate for insuring one person for one day. Nothing in this act shall be construed to pre- vent any person applying for compensation insurance from being covered temporarily until the application is finally acted upon, or to prevent the insured from surrendering any policy at any time and hav- ing returned to him the difference between the premium paid and the premium at the customary short term for the shorter period which such policy has already run. The State Compensation Insurance Fund may at any time cancel any policy, after due notice, upon a pro rata basis of premium repayment. Sec. 42. The State Compensation Insurance Fund may issue Who may be in- policies, including with their employees, employers who perform labor ^"^^■ incidental to their occupations, and including also members of the families of such employers engaged in the same occupation, such poli- cies insuring to such employers and working members of their families the same compensations provided for their employees, and at the same rates: Provided, That the estimations of their wage values, respec- tively, shall be reasonable and separately stated in and added to the valuation of their pay rolls upon which their premium is computed. Such policies may likewise be sold to self-employing persons and to casual employees, who, for the purpose of such insurance, shall be deemed to be employees within the meaning of sections twelve to thirty-five, inclusive, of this act. Sec. 43. The treasurer of the State shall be custodian of all moneys Ciistodian of and securities belonging to the State Compensation Insurance Fund, *"" except as otherwise provided in this act, and shall be liable on his official bond for the safe-keeping thereof. All moneys belonging to said fund collected or received by the commission, or the manager of the State Compensation Insurance Fund, under and by virtue of the provisions of this act, shall be delivered to the treasurer of the State or may be deposited to his credit in such bank or banks throughout the State as he may, from time to time, designate, and such moneys when so delivered or deposited shall be credited by the treasurer to the said fund and no moneys received or collected on account of such fund shall be expended or paid out of such fund without first passing into the State treasury and being drawn therefrom as provided in this act. In like manner there shall be delivered to the treasurer all securities be- longing to said fund which shall be held by him until otherwise dis- posed of as provided in this act. Sec. 44. (a) The commission shall submit each month to the State Monthly esti- board of control an estimate of the amount necessary to meet the cur- ™*'™- rent disbursements from the State Compensation Insurance Fund dur- ing each succeeding calendar month and, when such estimate shall be 204 APPENDIX WOEKMEn's COMPENSATION LAWS CALIFORNIA. approved by the State board of control, the controller is directed to djaw his warrant on said fund in favor of said commission for such amount, and the treasurer is authorized and directed to pay the same. (6) At the end of each calendar month the commission shall account to the State board of control and the State controller for all moneys so received, furnishing proper vouchers therefor. (c) During the months of January and of July of each year the State board of control or the commission shall cause a valuation to be made of the properties and securities which have been acquired and which are held for said fund, and shall report the results of the same to the State controller, whose duty it shall De to keep a special ledger account showing all of the assets pertaining to the State Compensation Insur- ance Fund. In the controller's general ledger this fund account may be carried merely as a cash account, like other accounts of funds in the State treasury, and therein only the actual, cash coming into the State Compensation Insurance Fund shall be credited to such fund. Investments. Sec. 45. (o) The commission shall cause all moneys in the State Compensation Insurance Fund, in excess of current requirements, to be invested and reinvested, from time to time, in the securities now or hereafter authorized by law for the investment of funds of savings banks. (6) The commission shall, from time to time, submit to the State board of control an estimate of the amount required by it for invest- ment, which estimate shall be accompanied by a full description of the kind and character of the investments to be made and, when such estimate shall be approved by the State board of control, the controller is directed to draw his warrant on the State Compensation Insurance Fund in favor of the commission for such amount and the treasurer is authorized and directed to pay the same. (c) At the end of each calendar month the commission shall account to the said board of control and the State controller for all moneys so received, furnishing proper vouchers therefor. (d) All moneys in said fund, in excess of current requirements and not otherwise invested, may be deposited by the State treasurer from time to time in the banks authorized by law to receive deposits of public moneys under the same rules and regulations that govern the deposit of other public funds and the interest accruing thereon shall be credited to the State Compensation Insurance Fund. Municipalities, Sec. 46. Each county, city and county, city, school district, or other public corporation within the State, may insure against its liability for compensation, with the State Compensation Insurance Fund and not with any other insurance carrier unless such fund shall refuse to accept the risk when the application for insurance is made, and the premium therefor shall be a proper charge against the general fund of each such political subdivision of the State. Schedules of Sec. 47. When the premium rates for insurance in the State Com- nfahed. pensation Insurance Fund shall have been established the commis- sion shall furnish schedule of rates and copies of the forms of policy to the commissioner of labor, to the clerk and to the treasurer of every county, city and county, and city in the State, and it shall be the duty of every public officer to whom the foregoing may be furnished to fill out and transmit to the manager of the State Compensation Insurance Fund applications for compensation insurance in such fund and to receive and transmit to said manager all premiums paid on account of any policy issued or applied for. Reports. Sec. 48. The commission shall each quarter make to the governor of the State, reportsof the business done by the State Compensation In- surance Fund during the previous quarter, and a statement of the fund's resources and liabilities, and it shall be the duty of the State board of control to audit such reports and to cause an abstract thereof to be pub- lished one or more times in at least two newspapers of general circula- tion in the State. The commission shall likewise make to the State insurance commissioner all reports required by law to be made by other insurance carriers. Misrepresenting Sec. 49. Any employer who shall willfully misrepresent the amount pay rolls. ^^ ^j^g p^y ^^jj upon which his premium under this act is to be based shall be liable to the State in ten times the amount of the difference APPENDIX workmen's COMPENSATION LAWS CALIPOKNIA. 205 in premium paid and the amount the employer should have paid had his pay roll been correctly computed, and the liability to the State under this section shall be enforced in a civil action in the name of the State Compensation Insurance Fund and any amount so collected shall .become a part of said fund. Sec. 50. Any person who wilUuUy misrepresents any fact in order to Mlsrepr«s»n- obtain insurfince at less than the proper rate for such insurance, or in t**""^- order to obtain any payments out of such fund, shall be guilty of a misdemeanor. Sec. 51. The following terms, as used in sections fifty-one to seventy- Definitions, two, inclusive, of this act, shall, unless a different meaning is plainly required by the context, be construed as follows: (1) The phrase " place of employment " shall mean and include every place, whether indoors or out or underground, or elsewhere, and the premises appurtenant thereto, where, either temporarily or perma- nently, any industryj trade, work or business is carried on, or where any process or operation directly or indirectly related to any industry, trade, work or business, is carried on, and where any person is directly or indirectly employed by another for direct or indu-ect gain or profit, but shall not include any place where persons are employed solely in farm, dairy, agricultural, viticultural, or horticultural labor, in stock or poultry raising or in household domestic service. (2) The term "employment" shall mean and include any trade, work, business, occupation, or process of manufacture, or any method of carrying on such trade, work, business, occupation, or process of manfacture in which any person may be engaged, except where persons are employed solely in farm, dairy, agricultural, viticutural, or horti- cultural labor, in poultry or stock raising or in household domestic service. (3) The term "employer" shall mean and include every person, firm, voluntary association, corporation, officer, agent, manager, rep- resentative or other person having control or custody of any employ- ment, place of employment or of any employee. (4) The term " employee " shall mean and include every person who may be required or durected by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go to work or be at any time m any place of employment. (5) The term "order" shall mean and include any decision, rule, regulation, direction, requirement or standard of the commission or any other determination arrived at or decision made by such commis- sion under the safety provisions of this act. (6) The term "general order" shall mean and include such order made, under the safety provisions of this act, as applies generally throughout the State to all persons, employments or places of employ- ment, or all persons, employments or places of employment of a class under the jurisdiction of the commission. All other orders of the com- mission shall be considered special orders. (7) The term "local order shall mean and include any ordinance, order, rule, or determination of any board of supervisors, city council, board of trustees or other governing body of any county, city and county, city or of any school district or other public corporation, or an order or direction of any other public official or board or depart- ment upon any matter over which the industrial accident commission has iurisdiction. (8) The terms "safe" and "safety" as applied to an employment or a place of employment shall mean such freedom from danger to the life or safety of employees as the nature of the employment will reason- ably permit. (9) The terms "safety device" and "safeguard" shall be given a broad interpretation so as to include any practicable method of miti- gating or preventing a specific danger. Sec. 52. Every employer shall furnish employment which shall be Duties of em- safe for the employees therein and shall furnish a place of employment P'oyerastosaiety. which shall be safe for employees therein, and shall furnish and use such safety devices and safeguards, and shall adopt and use such prac- tices, means, methods, operations and processes as are reasonably ade- quate to render such employment and place of employment safe, and 206 APPENDIX workmen's COMPENSATION LAWS CALIEOKNIA. Same subject. Construction. Removing guards. Power of com- mission. Fixing ards. stand' Hsarings. Orders. shall do every other thing reasonably necessary to protect the life and safety of such employees. Sec. 53. No employer shall require, permit or suffer any employee to go or be in any employment or place of employment which is not safe, and no such employer shall fail to furnish, provide and use safety, devices and safeguards or fail to adopt and use methods and processes reasonably adequate to render such employment and place of employ- ment safe, and no such employer sha,ll fail or neglect to do every other thing reasonably necessary to protect the life and_ safety of such employees, and no such employer shall occupy or maintain any place of employment that is not safe. Sec. 54. No employer, owner or lessee of any real property in this State shall construct or cause to be constructed any place of employ- ment that is not safe. Sec. 55. No employee shall remove, displace, damage, destroy or carry off any safety device or safeguard furnished and provided for use in any employment or place of employment, or interfere in any way with the use thereof by any other person, or interfere with the use of any method or process adopted for the protection of any employee in such employment, or place of employment, or fail or neglect to do every other thing reasonably necessary to protect the life and safety of such employees. Sec 56. The commission is vested with full power and jurisdiction over, and shall have such supervision of, every employment and place of employment in this State as may be necessary adequately to enforce and administer all laws and all lawful orders requiring such employ- ment and place of employment to be safe, and requiring the protection of the life and safety of every employee in such employment or place of employment. Sec. 57^ The commission shall have power, after a hearing had upon its own motion or upon complaint, by general or special orders, rules or regulations, or otherwise — (1) To declare and prescribe what safety devices, safeguards or other means or methods of protection are well adapted to render the employees of every employment and place of employment safe as required by law or lawful order. (2) To fix such reasonable standards and to prescribe, modify and enforce such reasonable orders for the adoption, installation, use, main- tenance and operation of safety devices, safeguards and other means or methods of protection, to be as nearly uniform as possible, as may be necessary to carry out all laws and lawful orders relative to the protec- tion of the life and safety of employees in employments and places of employment. (3) To fix and order such reasonable standards for the construction, repair and maintenance of places of employment as shall render liiem safe. (4) To require the performance of any other act which the protection of the life and safety of employees in employments and places of employment may demand. • (5) To declare and prescribe the general form of industrial accidents reports, the accidents to be reported and the information to be furnished in connection therewith,_ and the time within which such reports shall be filed. Nothing in this act contained shall be construed to prevent the commission from requiring supplemental accident reports. Sec. 58. Upon the fixingof a time and place for the holding of a hear- ing for the purpose of considering and issuing a general safety order or orders as authorized by section fifty-seven hereof, the commission shall cause a notice of such hearing to be published in one or more daily newspapers of general circulation published and circulated in the city and county of San Francisco, and also in one or more daily newspapers of general circulation published and circulated in the county of Los Angeles, such newspapers to be designated by the commission for that purpose. No defect or inaccuracy, in such notice or in the publication thereof shall invalidate any general order issued by the commission after hearing had. Sec. 59. Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that any employment or place of APPENDIX workmen's COMPENSATION LAWS — CALIFOENIA. 207 employment is not saie or that the practices or means or methods or operations or processes employed or used in comiection therewith are unsafe, or do not afford adequate protection to the life and safety of employees in such employments and places of employment, the com- mission shall make and enter and serve such order relative thereto as may be necessary to render such employment or place of employment safe and protect the life and safety of employees m such employxaents and places of employment and may in said order direct that such addi- tions, repairs, improvements or changes be made and such safety devices and safeguards be furnished, provided and used, as are reasonably required to render such employment or place of employment safe, in the manner and within the time specified in said order. Sec. 60. The commission may, upon application of any employer, or Time for corn- other person affected thereby, grant such time as may reasonably be P''™''®- necessary for compliance with any order, and any person affected by such order may petition the commission for an extension of time, which the commission shall grant if it finds such an extension of time neces- sary. Sec. 61. Whenever the commission shall learn or have reason to Investigations, believe that any employment or place of employment is not safe or is injurious to the welfare of any employee it may, of its own motion, or upon complaint, summarily investigate the same, with or without notice or hearings, and after a hearing upon such notice as it may pre- scribe, the commission may enter and serve such order as may be necessary relative thereto, anything in this act to the contrary notwith- standing. Sec. 62. Every employer, employee and other person shall obey Compliance, and comply with each and every requirement of every order, decision, direction, rule or regulation made or prescribed by the commission in connection with the matters herein specified, or in any way relating to or affecting safety of employments or places of employment, or to protect the life and safety of employees in such employments or places of employment, and shall do everything necessary or proper in order to secure compliance with and observance of every such order, decision, direction, rule or regulation. Sec. 63. The orders of the commission, general or special, its rules or Review by- regulations, findings and decisions, made and entered under the safety ™™^- provisions of this act, may be reviewed by the courts specified in sec- tions eighty-four and eighty-five of this act and within the time and in the manner therein specified and not otherwise. Sec. 64. Nothing contained in this act shall be construed to deprive Municipal em- the board of supervisors of any county, or city and county, the board P'°y*^- of trustees of any city, or any other public corporation or board or department, of any power or jurisdiction over or relative to any place of employment. Provided, That whenever the commission shall, by order, fix a standard of safety for employments or places of employment, such order shall, upon the filing by the commission of a copy thereof with the clerk of the county, city and county, or city to which it may apply, establish a minimum requirement concerning the matters cov- ered by such order and shall be construed in comiection with any local order relative to the same matter and to amend or modify any require- ment in such local order not up to the standard of the order of the com- mission. Sec. 65. The commission shall have further power and authority — (1) To establish and maintain museums of safety and hygiene in Museums, etc. which shall be exhibited safety devices, safeguards and other means and methods for the protection of the life and safety of employees, and to publish and distribute bulletins on any phase of this general subject. (2) To cause lectures to be delivered, illustrated by stereopticon or other views, diagrams or pictures, for the information of employers and their_ employees and the general public in regard to the causes and pre- vention of industrial accidents, occupational diseases and related subjects. (3) To appoint advisers, who shall, without compensation assist the commission m establishing standards of safety and the commission may adopt and incorporate in its general orders such safety recommendations as it may receive from such advisers. Lectures. Advisers. 208 APPENDIX WOEKMEn's COMPENSATION LAWS CALIFORNIA. Orders as evi- dence. Violations. Same subject. Bisposition of fines. Disclosing in- formation. Accidents to be reported. Investigations. Sec. 66. Every order of the commission, general or special, its rules and regulations, findings and decisions, made and entered under the safety provisions of this act shall be admissible as evidence in any prose- cution for the violation of any of the said provisions and shall, in every such prosecution, be conclusively presumed to be reasonable and lawful and to fix a reasonable and proper standard and requirement of safety, unless, prior to the institution of the prosecution for such violation or violations, proceedings for a reheaiing thereon or a review thereof shall have been instituted as provided in sections eighty-one to eighty-five, inclusive, of this act and not then finally determined. Sec. 67. Every employer, employee or other person who, either individually or acting as an officer, agent or employee of a corporation or other person, violates any safety provision contained in sections fifty-two, fifty-three, fifty-four or fifty-five of this act, or any part of any such provision, or who shall fail or refuse to comply with any such provision or any part thereof, or who, directly or indirectly, knowingly induces another so to do is guilty of a misdemeanor. In any prosecu- tion under this section it shall be deemed prima facie evidence of a violation of any such safety provision, that the accused has failed or refused to comply with any order, rule, regulation or requirement of the commission relative thereto and the burden of proof shall thereupon rest upon the accused to show that he has complied with such safety provision. Sec. 68. Every violation of the provisions contained in sections fifty-two, fifty-three, fifty-four, or fifty-five, of this act, or any part or portion thereof, by any person or corporation is a separate and distinct offense, and, in the case of a continuing violation thereof, each day's continuance thereof shall constitute a separate and distinct offense. Sec. 69. All fines imposed and collected under prosecutions for vio- lations of the provisions of sections fifty-one to seventy-two inclusive of this act, shall be paid into the State treasury to the credit of the "accident prevention fund," which fund is hereby created. Sec. 70. It shall be unlawful for any member of the commission, or for any officer or employee of the commission, to divulge to any person not connected with the administration of this act any confidential information obtained from any person, concerning the failure of any other person to keep any place of employment safe, or concerning the violation of any order, rule or regulation issued by the commission. Any member of the commission or any officer or employee of the com- mission divulging such confidential information shall be guilty of a misdemeanor. Sec 71. (a) Every employer of labor, and every insurance carrier, is hereby required to file with the commission, under such rules and regu- lations as the commission may from time to time make, a full and com- plete report of every accident to an employee arising out of or in the course of his employment and resulting m loss of life or injury to such person. Such reports shall be furnished to the commission in such form and such detail as the commission shall from time to time prescribe, and shall make specific answers to all questions required by the com- mission under its rules and regulations. Any such employer or in- surance carrier who shall furnish such report shall be exempt from furnishing any similar report or repbrts authorized or required under the laws of this State. (b) Every employer or insurance carrier receiving from the commis- sion any blanks with directions to fill out the same shall cause the same to be properly filled out so as to answer fully and correctly each ques- tion propounded therein; in case he is unable to answer any such ques- tions a good and sufficient reason shall be given for such failure. (c) No information furnished to the commission by an employer or an insurance carrier shall be open to public inspection or made public except on order of the commission, or by the commission or a com- missioner in the course of a hearing or proceeding. Any officer or em- ployee of the commission who, in violation of the provisions of this sub- section, divulges any information shall be guilty of a misdemeanor. Sec. 72. (a) The commission shall investigate the cause of all in- dustrial accidents occurring within the State in any employment or place of employment, or directly or indirectly arising from or con- 'APPENDIX WOKKMEK's COMPENSATION LAWS CALIFORNIA. 209 nected with the maintenance or operation of such employment or place of emj)loyment, resulting in personal injury or death and requir- ing, in the judgment of the commission, such investigation; and the commission shall have the power to make such orders or recommenda- tions with respect to such accidents as may be just and reasonable, pro- vided that neither the order nor the recommendation of the commis- sion, nor any_ accident report filed with the commission, shall be ad- mitted as evidence in any action for damages or any proceeding to recover compensation, based on or arising out of such injury or death. (6)_ For the_ purpose of making any investigation which the commis- sion is authorized to make under the provisions of this section, or for the purpose of collecting statistics or examining the provisions made for the safety of employees, any member of the commission, inspector or other person designated by the commission for that purpose, may enter any place of employment. _ (c) Any employer, insurance carrier or any other person who shall violate or omit to comply with any of the provisions of this section, or who shall in any way obstruct or hamper the commission, any com- missioner or other person conducting^ any investigation authorized to be undertaken or made by the commission, shall be guilty of a misde- meanor. Sec. 73. (a) All proceedings for the recovery of compensation, or Proceedings, concerning any right or liability arising out of or incidental thereto, or for the enforcement against the employer or an insurance carrier of any liability for compensation imposed upon him by this act in favor of the injured employee, his dependents or any third person, or for the de- termination of any question as to the distribution of compensation among dependents or other persons or for the determination of any question as to who are dependents of any deceased employee, or what persons are entitled to any benefit under the compensation provisions of this act, or for obtaining any order which by this act the commis- sion is authorized to make, shall be instituted before the commission, and not elsewhere, except as otherwise in this act provided, and the commission is hereby vested with full power, authority and jurisdic- tion to try and finally determine all such matters, subject only to the review by the courts in this act specified and in the manner and within the time in this act provided. (6) All orders, rules, and regulations, findings, decisions and awards Presumptions of the commission in conformity with law shall be in force and shall be ^^ *° orders. prima facie lawful; and all such orders, rules and regulations, findings, decisions and awards shall be conclusively presumed to be reasonable and lawful, until and unless they are modified or set aside by the com- mission or upon a review by the courts in this act specified and within the time and in the manner herein specified. Sec. 74. (a) Any notice, order or decision required by this act to be Service. served upon any person or party either before, during or after the insti- tution of any proceeding before the commission, may be served in the manner provided by Chapter V, Title XIV of Part II of the Code of Civil Procedure of this State, unless otherwise directed by the com- mission or a member thereof, in which event the same shall be served in accordance with the order or direction of said commission or member thereof. (b) The secretary, assistant secretary and the inspectors appointed by the commission shall have all of the powers conferred by law upon peace officers to carry weapons, make arrests and serve warrants and Other process in any county or city and county of this State. (c) Any such notice, order or decision affecting the State or any city and county, city, school district or public corporation therein, shall be served upon the same officer, officers, person or persons, upon whom the service of similar notices, orders or decisions is authorized by law. Sec. 75. The commission shall have full power and authority: Power as to (1) To adopt reasonable and proper rules of practice and procedure; ™es of procedure, (2) To regulate and provide the manner, and by whom, minors and incompetent persons shall appear and be represented before it; (3) To appoint a trustee or guardian ad litem to appear for and rep- resent any such minor or incompetent upon such terms and conditions as it may deem proper; and such guardian or trustee must give a bond 22566°— S. Doc, 336, 63-2 14 210 APPENDIX workmen's COMPENSATION LAWS CALIEOENIA. Beferees. Hearings. in the same form and of the same character required by law from a guardian appointed by the courts and in such an amount as the com- mission or a commissioner may fix and detennme, such bbnd to be ap- proved by the commission or a commissioner, and such guardian or trustee shall not be discharged from liability until he shall have filed an account with the commission or with the probate court and such account shall have been approved. The trustee or guardian shall be entitled to receive such compensation for his services as shall be fixed and allowed by the commission or by the probate court; (4) To jprovide for the joinder in the same proceeding of all persons interested therein, whether as employer, Insurance carrier, employee, dependent, creditor or otherwise; (5) To regulate and prescribe the kind and character of notices, where not otherwise prescribed by this act, and the service thereof; (6) To regulate and prescribe the nature and extent of the proofs and evidence. Sec. 76. (a) The commission may by order entered upon its min- utes, upon the agreement of the parties, upon the application of either, or of its own motion, and either with or without notice, direct and order a reference in the following cases: (1) To try any or all of the issues in any proceeding before it, whether of fact or of law, and to report a finding, order, decision or award to be based thereon. (2) To ascertain a fact necessary to enable the commission to deter- mine any proceeding before it or to make any order, decision or award that the commission is authorized to make under this act, or that is nec- essary for the Information of the commission. (6) The commission may appoint one or more referees in any pro- ceeding, as it may deem necessary or advisable, and may refer separate matters arising out of the same proceeding to different referees. It may also, in its discretion, appoint general referees who are residents of the county or city and county for which they are appointed and who shall hold office during the pleasure of the commission. Any referee ap- pointed by the commission shall have such powers, jurisdiction and authority as is granted under the law, by the order of appointment and by the rules of the commission and shall receive such salary or compen- sation for his services as may be fixed by the commission. (c) Any party to the proceeding may object to the appointment of any' person as referee upon any one or more of the grounds specified in section 641 of the Code of Civil Procedure and such objection must be heard and disposed of by the commission. Affidavits may be read and witnesses examined as to such objections. (d) Before entering upon his duties, the referee must be sworn before an officer authorized to administer oaths, faithfully and fairly to hear and determine the allegations and evidence of the parties in relation to the matters in the refereiice, and to make just findings and report ac- cording to his understanding. (e) The referee must report his findings in writing to the commission wlthia twenty days after the testimony is closed. Such report shall be made in the form prescribed by the commission and shall include all matters required to be included in the order of reference or by the rules of the commission. The facts found and conclusions of law must be separately stated. (/ ) Upon the filing of the report of the referee, the commission may confirm, adopt^ modify or set aside the same or any part thereof and may, either with or without further proceedings, and either with or without notice, enter its order, findings, decision or award based in whole or in part upon the report of the referee. Sec. 77. (a) All hearings and investigations before the commission or any member thereof, or any referee appointed thereby, shall be gov- erned by this act and by the rules of practice and procedure adopted by the commission, and in the conduct thereof neither the commission nor any member thereof nor any referee appointed thereby shall be bound by the technical rules of evidence. No informality in any pro- ceeding or in the manner of taking testimony shall invalidate any order, decision, award, rule or regulation made, approved or confirmed by the commission. APPENDIX — workmen's COMPENSATION LAWS — CALIPOENIA. 211 (6) The commisBion or any member thereof or any party to the ac- tion or proceeding may, in any investigation or hearing before the com- mission, cause the deposition of witnesses residing within or without the Stateto be taken in the manner prescribed by law for like deposi- tions in civil actions in the superior courts of this State, and to that end may compel the attendance of witnesses and the production of books, documents, papers and accounts. Sec. 78. The commission and each member thereof, its secretary Power to ad- and referees, shall have power to administer oaths, certify to all official '^^^^ ' acts, and to issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents and testimony in any inquiry, investigation, hearing or proceeding in any part of the State. Each witness who shall appear, by order of the commission or a member thereof, or a referee appointed thereby, shall be entitled to receive, if demanded, for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request such witness is subpoenaed, unless other- wise ordered by the commission. When any witness who has not been required to attend at the request of any party is subpoenaed by the commission his fees and mileage may be paid from the funds appro- priated for the use of the commission in the same manner as other ex- penses of the commission are paid. Any witness subpoenaed, except one whose fees and mileage may be paid from the funds of the commis- sion, may, at the time of service, demand the fee to which he is entitled for travel to and from the place at which he ia required to appear, and one day's attendance. If such witness demands such fees at the time of service, and they are not at that time paid or tendered, he shall not be required to attend before the commission, member thereof, or referee as directed in the subpoena. All fees or mileage to which any witness is entitled under the provisions of this section may be collected by action therefor instituted by the person to whom such fees are payable. Sec. 79. The superior court in and for the county, or city and county. Procuring testi- in which any inquiry, investigation, hearing or proceeding may be held """"y- by the commission or any member thereof or referee appointed thereby, shall have the power to compel the attendance of witnesses, the giving of testimony and the production of papers, including books, accounts and documents, as required by any subpoena issued by the commission or member thereof or referee. The commission or the member thereof or the referee, before whom the testimony is to be given or produced, in case of the refusal of any witness to attend or testify or produce any papers required by such subpoena, may report to the superior court in and for the county, or city and county, m which the proceeding is pend- ing, by petition, settingforth that due notice has been given of the time and place of attendance of said witness, or the production of said papers, and that the witness has been subpoenaed in the manner prescribed in this act, and that the witness has failed and refused to attend or pro- duce the papers required by the subpoena, or has refused to answer questions propounded to him in the course of such proceeding, and ask an order of said court, compelling the witness to attend and testify or produce said papers before the commission. The court, upon the petition of the commission or such member thereof or referee, shall enter ap order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there show cause why he had not attended and testified or produced said papers before the commission, member thereof or referee. A copy of said order shall be served upon said witness. If it shall appear to the court' that said subpoena was regularly issued by the commission or member thereof or referee, the court shall thereupon enter an order that said witness appear before the commission or member thereof or referee at a time and place to be fixed in such order, and testify or produce the required papers, and upon failure to obey said order, said witness shall be dealt with as for contempt of court. The remedy provided in this section is cumulative, and shall not be construed to impair or interfere with the power of the commission or a member thereof to enforce the attendance of witnesses and the production of papers, and to punish for contempt in the same manner and to the same extent as courts of record. 212 APPENDIX WOEKMEN's COMPENSATION LAWS CALIFOENIA. General powers. Sec. 80. (a) The commissioiL is hereby vested with full power, authority and jurisdiction to do and perform any and all things, whether herein specifically designated, or in addition thereto, which are necessary or convenient in the exercise of any power, authority or jurisdiction conferred upon it under this act. (6) The commission and each member thereof shall have power to issue writs of summons, warrants of attachment, warrants of commit- ment and all necessary process in proceedings for contempt, in like manner and to the same extent as courts of record. The process issued by the commission or any member thereof shall extend to all parts of the State and may be served by any persons authorized to serve process of courts of record, or by any person designated for that purpose by the commission or any member thereof. The person executing any such process shall receive such comx^ensation as may be allowed by the com- mission, not to exceed the fees now prescribed by law for similar serv- ices, and such fees shall be paid in the same man Tier as provided herein for the fees of the witnesses. Eehearings. Sbc. 81. (a) Any party or person aggrieved directly or indirectly by any final order, decision, award, rule or regulation of the commission, made or entered under any provision contained in this act, may apply to the commission for a rehearing in respect to any matters detenmned or covered by such final order, decision, award, rule or regulation and specified in the application for rehearing within the time and in the manner hereinafter specified, and not otherwise. (6) No cause of action arising out of any such final order, decision or award shall accrue in any court to any person until and unless such person shall have made application for such rehearing, and such appli- cation shall have been granted or denied : Provided, That nothing herein contained shall be construed to prevent the enforcement of any such final order, decision, award, rule or regtdation in the manner provided in this act. (c) Such application shall set forth specifically and in full detail the grounds upon which the applicant considers said final order, decision, award, rule or regulation is unjust or unlawful, and every issue to be considered by the commission. Such application must be verified upon oath in the same manner as required for verified pleadings in the courts of record and must contain a general statement of any evidence or other matters upon which the applicant relies in support thereof. The applicant for such rehearing shall be deemed to have finally waived all objections, irregularities and illegalities concerning the matter upon which such rehearing is sought other than those set forth in the appli- cation for such rehearing. {d) A copy of such application for rehearing shall be served forthwith on all adverse parties, if any, and any such adverse party may file an answer thereto within ten days thereafter. Such answer must likewise be verified. If there are no adverse parties, such application may be heard ex parte or the commission may require the application for rehear- ing to be served on such parties as may be designated by it. (e) Upon filing of an application for a rehearing, if the issues raised thereby have theretofore been adequately considered by the commis- sion, it may determine the same by confirming without hearing its pre- vious determination, or if a rehearing is necessary to determine the issues raised, the commission shall order a rehearing thereon arid con- sider and determine the matter or matters raised by such application. Notice of the time and place of such rehearing shall be given to the applicant and the adverse parties, if any, and to such other persons as the commission may order. (/) If after such rehearingand a consideration of all the facts, including those arising since the making of the order, decision or award involved, the commission shall be of the opinion that the original order, decision or award or any part thereof, is in any respect unjust or unwarranted, or should be changed, the commission may abrogate, change or modify the same. An order, decision or award made after such rehearing, abrogat- ing, changing or modifying the original order, decision or award shall have the same force and effect as an original order, decision or award, but shall not affect any right or the enforcement of any right arising from or by virtue of the original order, decision or award, unless so APPENDIX WOEKMEN's COMPENSATION LAWS — CALIFORNIA. 213 Grounds for re- ordered by the commission. An application for a rehearing shall be deemed to have been denied by the commission unless it shall have been acted upon within thirty days from the date of filing: Provided, however, That the commission may upon good cause being shown there- for, extend the time within which it may act upon such application for rehearing for not exceeding thirty days. Sec. 82. (a) At any time within twenty days after the service of any final order or decision of the commission awarding or denying compen- ^''■""S- sation, or arising out of or incidental thereto, any party or parties aggrieved thereby may apply for such rehearing upon one or more of the following grounds and upon no other grounds: (1) That the commission acted without or in excess of its powers. (2^ That the order, decision or award was procured by fraud. (3) That the evidence does not justify the finding of fact. (4) That the applicant has discovered new evidence, material to him, and which he could not, with reasonable diligence have discovered and produced at the hearing. (5) That the findings of fact do not support the order, decision or award. (6) Nothing contained in this section shall, however, be construed to limit the right of the commission, at any time within two hundred forty- five weeks from the date of its award, and from time to time, after due notice and upon the application of any party interested, to review, diminish or increase, within the limits provided by this act, any com- pensation awarded upon the grounds that the disability of the person in whose favor such award was made has either increased or diminished or terminated. Sec. 83. (a) At anjr time within twenty days after the service of any Same subject, other final order, decision, rule or regulation made by the commission under the provisions of this act, any party or parties, person or persons aggrieved thereby or otherwise affected, directly or indirectly, may apply for such rehearing upon one or more of the following grounds and upon no other grounds: (1) That the commission acted without or in excess of its powers. (2) That the order or decision was procured by fraud. (3) That the order, decision, rule or regulation is unreasonable. (6) Nothing contained in this section shall be construed to limit the , right of the commission, at any time and from time to time, to adopt new or different rules or regulations or new or different standards of safety, or to abrogate, change or modify any existing rule, regulation, or standard, or any part thereof, or to deprive the commission of con- tinuing jurisdiction over the same or to prevent the enforcement in the manner provided by this act, of any rules, regulations or standard of the commission, or any part thereof, when so adopted, or changed, or modified. Sec 84. (a) Within thirty days after the application for a rehearing Appeal to court, is denied, or, if the application is granted, within thirty days after the rendition of the decision on the rehearing, any party affected thereby may apply to the supreme court of this State or to the district court of appeal of the appellate district in which such person resides, for a writ of certiorari or review (hereinafter referred to as a writ of review) for the purpose of having the lawfulness of the original order, decision or award or the order, decision or award on rehearing inquired into and determined. (6) Such writ shall be made returnable not later than thirty days after the date of the issuance thereof, and shall direct the commission to certify its record in the case to the court. On the return day the cause shall be heard in the court unless for good cause the same be con- tinued. No new or additional evidence may be introduced in such cojirt but the cause shall be heard on the record to the commission as certified to by it. The review shall not be extended further than to determine whether or not — (1^ The commission acted without or in excess of its powers. (2) The order, decision or award was procured by fraud. (3) The order, decision, rule or regulation is unreasonable. (4) If findings of fact are made, whether or not such findings of fact support the order, decision or award under review 214 APPENDIX WOEKMEn's COMPENSATION LAWS CALIPOBNIA. Suspension. Construction. Election. (c) The findings and concluBions of the commission on questions of fact shall be conclusive and final and shall not be subject to_ review; such questions of fact shall include ultimate facts and the findings and conclusions of the commission. The commission and each party to the action or proceeding before the commission shall have the right to appear in the review proceeding. Upon the hearing the court shall enter judgment either affirming, modifying or setting aside the order, decision or award. (d) The provisions of the Code, of Civil Procedure of this State relat- ing to writs of review shall, so far as applicable and not in conflict with this act, apply to proceedings in the courts under the provisions of this section. No court of this State (except the supreme court and the dis- trict courts of appeal to the extent herein specified) shall have jurisdic- tion to review, reverse, correct or annul any order, decision or award of the commission or to suspendor delay the operation or execution thereof, or to restrain, enjoin or interfere with the commission in the performance of its duties: Provided, That a writ of mandamus shall lie from the supreme court or the district courts of appeal in all proper cases. Sec. 85. (a) The filing of an application for a rehearing shall have the effect of suspending the order, decision, award, rule or regulation affected, in so far as the same applies to the parties to such application, unless otherwise ordered by the commission, for a period of ten days, and the commission may, in its discretion and upon such terms and conditions as it may by order direct, stay, suspend or postpone the same during the pendency of such rehearing. (6) The filing of an application for, or the pendency of, a writ of review, shall not of itself stay or suspend the operation of the order, decision, award, rule or regulation of the commission subject to review, but the court before which such application is filed may, in its discre- tion, stay or suspend in whole or in part the operation of the order, decision, award, rule or regulation of the commission subject to review upon such terms and conditions as it may by order direct. Sbc. 86. (a) Whenever this act, or any part or section thereof, is interpreted by a court, it shall be liberally construed by such court. (6) If any section, subsection, subdivision, sentence, clause or phrase of this act 18 for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sub- divisions, sentences, clauses or phrases is declared unconstitutional. (c) This act shall not be construed to apply to employers or employ- ments which, according to law, are so engaged in interstate commerce as not to be subject to the legislative power of the State or to employees injured while they are so engaged, except in so far as this act may be permitted to apply under the provisions of the Constitution of the United States or the acts of Congress. Sec. 87. (a) Any employer, having in his employment any employee not included within the term "employee" as defined by section four- teen of this act or not entitled to compensation under this act, and any such employee, may, by their joint election, elect to comeunder the compensation provisions of this act in the manner hereinafter provided. (6) Such election on the part of the employer shall be made by filing with the commission a written statement to the effect that he accepts the compensation provisions of this act, which, when filed, shall operate, within the meaning of section twelve of this act, to subject him to the compensation provisions of this act, and of all acts amendatory thereof, for the term of one year from the date of filing, and thereafter without further act on his part, for successive terms of one year each, unless such employer shall, at least sixty days prior to the expiration of such first or any succeeding year, file in the office of the commission a notice in writing that he withdraws his election. Such acceptance shall not be held to include employees whose employment is both casual and not in the usual course of the trade, business, profession or occupation of the employer, unless expressly mentioned therein. (c) Any employee in the service of any_ such employer, shall be deemed to have accepted, and shall, within the meaning of section APPENDIX — workmen's COMPENSATION LAWS — CALIFORNIA. 215 twelve of this act, be subject to the compensation provisions of this act, and of any act amendatory thereof, if, at the time of the accident for which liability is claimed: (1) The employer charged with such liability is subject to the com- pensation provisions of this act, whether the employee has actual notice thereof or not; and (2) Such employee shall not, at the time of entering into his con- tract of hire, have given to his employer notice in writing that he elects not to be subject to the compensation provisions of this act; or, in the event that such contract of hire was made in advance of the election by the employer, such employee shall have given to his employer notice in writing that he elects to be subject to such provisions, or without giving either of such notices, shall have remained in the service of such einployer for thirty days after the employer has filed his election. Sec. 88. The commission shall, not later than the first day of Decem- Reports.' ber of each calendar year, subsequent to the year 1913, make a report to the governor of the State covenne its entire operations and proceed- ings for the previous fiscal year, with such suggestions or recommenda- tions as it may deem of value for public information. _ Such report shall be printed and a copy thereof furnished to all applicants within this State. Sec. 89. The sum of one hundred eighty-seven thousand four hun- Appropriation, dred seventy dollars is hereby appropriated out of any money in the State treasury, not otherwise appropriated, to be used by the Industrial Accident Commission in carrying out the purposes of this act, and the controller is hereby directed todraw his warrant on the general fund from time to time m favor of said Industrial Accident Commission for the amounts expended under its direction, and the treasurer is hereby , authorized and directed to pay the same. Sec. 90. All acts or parts of acts inconsistent with this act are hereby Eepealer. repealed. Sec. 91. The compensation provisions of this act shall not apply to Prior injuries, any injury sustained prior to the taking effect thereof. Sec. 92. This act shall take effect and be in force on and after the Act in effect, first day of January, A. D. 1914. Approved May 26, 1913. CONNECTICUT. ACTS OF 1913. Chapter 138. — Compensation of viorhmen for injuries. Part A. Employers' Liability. When abroga- tion does not Section 1. In an action to recover damages for personal injury sus- . Defenses abol- tained by an employee arising out of and in the course of his employ- '^''^°- ment, or for death resulting from injury so sustained, it shall not be a defense: (a) That the injured employee was negligent; (b) that the injury was caused by the negligence of a fellow employee; (c) that the injured employee had assumed the risk of the injury. Sec. 2. The provisions of section 1 of Part A of this act shall not apply to actions to recover damages for personal injuries sustained by em- gppjy. ployees of any employer having regularly less than five employees, by casual emplojrees, or by outworkers; nor shall the same provisions apply to actions against any employer who shall have accepted Part B of this act in the manner hereinafter prescribed. Past B. Workmen's Compensation. S ECTiON 1 . When any persons in the mutual relation of employer and Election of employee shall have accepted Part B of this act, the employer shall not compensation, be liable to any action for damages on account of personal injury sus- tained by an employee arising out of and in the course of his employ- ment or on account of death resulting from injury so sustained; but the employer shall pay compensation on account of such injury in accord- ance with the scale hereinafter provided, except that no compensation 216 APPENDIX workmen's COMPENSATION LAWS CONNECTICUT. shall be paid when the injury shall have been caused by the willful and serious misconduct of the injured employee or by his intoxication. The acceptance of Part B of this act by employers and employees shall be understood to include the mutual renunciation and waiver of all rights and claims arising out of injuries sustained in the course of employment as aforesaid, other than rights and claims given by Part B of this act, including the right of jury trial on all questions affecting compensation and all right of appeal from the compensation commis- sioners except as hereinafter established. Eleotionpre- Sec. 2. Every contract of employment not made before the date of sumed. ^j^^ ^^^ shall be conclusively presumed to include a mutual agreement between employer and employee to accept Part B of this act and be bound thereby, unless either employer or employee shall by written stipulation in the contract, or by such other notice as is prescribed in section three of Part B, indicate his refusal to accept the provisions of said Part B. Every contract of employment made before the date of this act and continued in force after said date shall be conclusively pre- sumed to include a mutual agreement between employer and employee to accept Part B of this act and be bound thereby, unless by the date at wMch this act goes into effect either employer or employee has indi- cated his refusal to accept said Part B in the manner prescribed in sec- tion three of said Part.B. Withdrawal of Sec. 3. Acceptanceof PartB oftHeactmay be withdrawn by written acceptance. ^^ priuted notice from either employer or employee to the other party and to the compensation commissioner of the district in which the employee ie employ.ed. Notice of withdrawal may be served by per- sonal presentation or by registered letter addressed to the person on whom it is to be served at his last known residence or place of business; and such notice shall become effective thirty days after service. Either Renewals. employer or employee who has withdrawn acceptance may renew the same by the same notice and procedure as is prescribed for withdrawals. Notices in behalf of a minor shall be given by his parent or guardian, or, if there be no parent or guardian, then by such minor. Failure to elect. Sec. 4. Every employer not accepting Part B of this actshall be liable to action for damages on account of personal injury to his employees in accordance with the provisions of Part A of this act, and every employee not accepting Part B of this act shall lose all rights and benefits of Part A of this act with reference to any employer who continues to accept ' said Part B. Contractors and Sec. 5. When any principal employer procures any work to be done, subcontractors, ^jiolly or in part for him, by a contractor, or through him by a subcon- tractor, and the work so procured to be done is a part or process in the trade or business of such principal employer, and is performed in, on, or about premises under his control, then such principal employer shall be liable to pay all compensation under this act to the same extent as if the work were done without the intervention of such contractor or sub- contractor. Liability o f Sbc. 6. When any injury for which compensation is payable under third persons. ^j^g ^^-^ shall have been sustained under circumstances creating in some other person than the employer a legal liability to pay damages in respect thereto, the injured employee may, at his option, either claim compensation under this act or proceed at law against sucn other person to recover damages; and, it compensation is claimed and paid und^r this act, any employer having paid the compensation shall be subrogated to the rights of the injured employee to recover against that person: Provided, If the employer shall recover from such other person damages in excess of the compensation already paid, or awarded to be paid under this act, then any such excess shall be paid to the injured employee, less the employer's expenses and costs of action. Medical and Sec. 7. The employer shall provide a competent physician or surgeon surgical care. ^g attend any injured employee during the thirty days immediately following the injury, as such injury may require, and in addition shall furiuBh such medical and surgical aid or hospital service, during such thirty days, as such physician or surgeon shall deem reasonable or nec- essary. In the event of the failure of the employer promptly to provide such physician or surgeon or such medical or surgical or hospital service, duriag any portion of such thirty days, the injured elnployee may pro- APPENDIX — WOEKMEn's COMPENSATION LAWS — CONNECTICUT. 217 vide sucli physician or surgeon or medical or surgical or hospital service at the expense of the employer. Or, at Ms option, the injured employee may refuse the medical, surgical, and hospital service provided oy his employer and provide the same at his own expense. li it shall appear to the commissioner that an injured employee nas refused to accept and failed to provide such reasonable medical, surgical, or hospital care, all rights of compensation under this act shall be suspended during such refusal and failure. The pecuniary liability of the employer for the medical, surgical, and hospital service herein required shall be limited to such charges as prevail in the same community for similar treatment of injured persons of a like standard of living wnen such treatment is paid for by the injured persons. Sec. 8. No compensation shall be payable under this act on account Waiting time, of any injury which does not incapacitate the injured employee for a period of more than two weeks from earning full wages at his customary employment; but if incapacity extends beyond a period of two weeks compensation shall begin on the fifteenth day after the injury. Sec. 9. Compensation shall be paid on account of deathresulting from Compensation injuries within two years from date of injury as follows: (a) For burial aea™- expenses one hundred dollars; (b) to those totally dependent upon the deceased employee at the time of his injury a weekly compensation equal to halt of the average weekly earnings of the deceased at the time of his injury; (c) incase there is no one totally dependentupon the de- ceased employee then to those partially dependent upon the deceased employee at the time of his injury a weekly compensation not exceeding that payable to total dependents and of such proportionate sum as may be determined according to the measure of dependence; (d) in case there are no dependents of the deceased employee the sum of seven hundred and fifty dollars to be paid to the state treasurer and by him set apart as a fund to be used for the payment of lawful expenses of the com- missioners j but the compensation payable on account of death resulting from injuries shall in no case be more than ten dollars or less than five dollars weekly, and such compensation shall not continue longer than three hundred and twelve weeks after death. The compensation on account of death payable under this act to a widow or widower of a deceased employee shall not cease with the death of such widow or widower, but upon her or his death within the period during which such compensation is payable it shall continue to be paid for the remainder of such period to her or his dependents as defined in section forty-three. Sec. 10. The following persons shall be conclusively presumed to be ^° "* ^^ totally dependent for support upon a deceased employee: (a) A wife P™"!™"^- upon a husband with whom she lives at the time of his injury or from wnom she receives support regularly; (b) a husband upon a wife with whom he lives at the time of her injury or from whom he receives sup- port regularly ; (c) a child or children under the age of eighteen years, or over said age, but physically or mentally incapacitated from earning, upon the parent with whom he is or they are living or from whom he is or they are receiving support regularly at the time of the injury of such parent, there being no surviving dependent parent. In case there is more than one child thus dependent the death benefit shall be divided equally among them. In all other cases questions of dependency, total or partial, shall be determined in accordance with the fact, as the fact may be at the time of the injury. In such other cases, if there is more than one person totally dependent, the_ death benefit shall be divided equally among them, and persons partially dependent, if any, shall receive no part thereof. If there is no person totally dependent and more than one person partially dependent, the death benefit ^hall be divided among them according to the relative degrees of their dependence. For the purposes of this act the dependence of a widow or widower of a deceased employee shall be construed to terminate with remarriage and the dependence of a child, except a child phys- ically or mentally incapacitated from earning, with the attainment of eighteen years. Compensation under this section shall be paid to alien dependents in half the amounts indicated in this section unless such alien dependents are residents of the United States, or its dependencies, or Canada. 218 APPENDIX WOEKMEn's COMPENSATION LAWS CONNECTICUT. Total disability. Sec. 11. In case the injury results in total incapacity to perform work of any character, there shall be paid to the injured employee a weekly compensation equal to half of his average weekly earnings at the time of the mjury; but the compensation shall in no case be more than ten dollars or less than five dollars weekly; and such compensation shall not continue longer than the period of total incapacity, or in any event longer than five hundred and twenty weeks. The following injuries of any person shall be considered as causing total incapacity and com- pensation shall be paid accordingly: (a) Total and permanent loss of sight in both eyes; (b) the loss of both feet at or above the ankle; (c) the loss of both hands at or above the wrist; (d) the loss of one foot at or above the ankle and one hand at or above the wrist; (e) any injury resulting in permanent and complete paralysis of the legs or arms or of one leg and one arm; (f) any injury resulting in incurable imbe- cility or insanity. Partial disa- Sec. 12. In case the injury results in partial incapacity, there shall bihty. ijg p^j^ ^Q jjjg injured employee a weekly compensation equal to half the difference between his average weekly_ earnings before the injury and what he is able to earn thereafter. This compensation shall in no case be more than ten dollars weekly and shall continue during the period of partial incapacity, but not longer than three hundred and twelve weeks. If the employer procures for an injured employee employment suitable to his capacity the wages offered in such em- ployment shall be taken as the earning capacity of the injured em- ployee. In case of the following injuries the compensation, in lieu of all other payments, shall be half of the previous average weekly earnings of the injured employee for the terms respectively indicated: (a) for the loss of one arm at or above the elbow, or the complete and permanent loss of the use of one arm, two hundred and eight weeks; (b) for the loss of one hand at or above the wrist, or the complete and permanent loss of the use of one hand, one hundred and fifty-six weeks; (c) for the loss of one leg at or above the knee, or the complete and permanent loss of the use of one leg, one hundred and eighty-two weeks; (d) for the loss of one foot at or above the ankle, or the complete and permanent loss of the use of one foot, one hundred and thirty weeks; (e) for the complete and permanent loss of hearing in both ears, one himdred and fifty-six weeks; (f) for the complete and permanent loss of hearing in one ear, fifty-two weeks; (g) for the complete and permanent loss of sight of one eye, one hundred and four weeks; (h) for the loss of a thumb, thirty-eight weeks; (i) for the loss of a first finger or a great toe, thirty-eight weeks; (j) for the loss of a second finger, thirty weeks; a third finger, twenty-five weeks; a fourth finger, twenty weeks; (k) for the loss of any toe except the great toe, thirteen weeks. The loss of one phalange of a thumb or two phalanges of a finger shall be considered half the loss of a thumb or finger respectively, and shall be compen- sated accordingly. Computation of Sec. 13. For the purpose of this act, the average weekly wage shall ®*™™^^' be ascertained by dividing the total wages received by the injured workman from the employer in whose service he is injured during the twenty-six calendar weeks immediately preceding that during which he was injured, by the number of said calendar weeks during which, or any portion of which, said workman was actually employed by said employer, provided in making such computation absence for seven consecutive calendar days, although not in the same calendar week, shall be considered as absence for a calendar week. Where the em- ployment commenced other than at the beginning of a calendar week, Buch calendar week and the wages earned during such week, shall be excluded in making the above computation. Where the employment previous to injury as provided above is computed to be less than a net period of two calendar weeks, then his weekly wage shall be consid- ered to be equivalent to the average weekly wage prevailing in the same or similar employment in the same locality at the time of injury. Advance pay- Sec. 14. In fixing the amount of any compensation under this act ™®°**' due allowance shall be made for any suin which the employer may have paid to any injured employee or to his dependents on account of the injury, except such sums as the employer may have expended or directed to be expended for medical, surgical, or hospital service. APPENDIX — workmen's COMPENSATION LAWS — CONNECTICUT. 219 Sec. 15. Any award of compensation made under this act shall be subject to modification, upon the request of either party and in accord- ance with the procedure for original determinations, whenever it shall appear to the compensation commissioner or commission that the in- capacity of an injured employee has increased, decreased, or ceased, or that the measure of dependence on accoumt of which the compensa- tion is paid has changed. Sec. 16. Within ninety days after the passage of this act the governor 8hall_ appoint five competent persons, one for each of the five con- gressional districts as at present constituted, to be known as compensar tion commissioners, and shall designate one of them as chairman. The term of oflSce of the compensation commissioners shall be five years, except that when first appointed one shall be appointed for one year and three months from October 1, 1913, one for two years and three months from said date, one for three years and three months from said date, one for four years and three months from said date, and one for five years and three months from said date. Thereafter, upon the expira- tion of the term for which a commissioner is first appointed, his suc- cessor shall be appointed by the governor for the full term of five calendar years. After due notice and public hearing the governor may remove any commissioner for cause and the good of the public service. Said commissioners shall be sworn to a faimful performance of their duties. Vacancies occurring during a term shall be filled by the governor. Sec. 17. Each commissioner shall, for the purpose of this act, have power to summon and exainine under oath such witnesses, and may di- rect the production of, and examine or cause to be produced or ex- amined, such books, records, vouchers, memoranda, documents, let- ters, contracts, or other papers in relation to any matter at issue as he may find proper, and shall have the same powers in reference thereto as are now vested in magistrates taking depositions. He shall have power to certify to official acts, and all powers necessary to enable him to perform the duties imposed upon him by this act. The commis- sioners shall reside in the districts for which they are severally ap- pointed and each shall have jurisdiction of all claims and questions arising in such district under Part B of this act. The commissioner for the first congressional district shall maintain an ofiice at some con- venient location in the city of Hartford; the commissioner for the second district an office similarly located in the city of Willimantic; the commissioner for the third district, in the city of New Haven; the commissioner for the fourth district, in the city of Bridgeport; and the commissioner for the fifth district, in the city of Waterbury. Each commissioner shall keep his office open during reasonable business hours of every day except Sundays and legal holidays, but he shall have power to hear and decide cases at any other place within his dis- trict. In case a commissioner is disqualified or temporarily incapaci- tated from hearing any matter, he shall designate some other commis- sioner to hear and decide said matter and such other commissioner shall possess the same jurisdiction and power, for the purposes of such hearing, as such incapacitated or disqualified commissioner. The superior court, on application of a commissioner or the commission, or of the attorney general, may enforce, by appropriate decree or process, any provision of this act or any proper order of a commissioner or the commission ren- dered in pursuance of any such provision. Sec. 18. Acting together, the commissioners shall have power to adopt and change such common rules, procedure, and forms as they shall deem expedient for the purposes of this act. Annually the commis- sioners shall prepare and submit to the governor a report of their doings, including such recommendations as they shall think proper for the im- provement of this act or its administration. Sec. 19. Each of the commissioners shall receive a salary of four thousand dollars per annum, payable in equal monthly instalments, and in addition such allowance, not exceeding two thousand dollars a year, as may be approved by the comptroller for expenses incurred in the discharge of his duties. Sec. 20. Every employer who has accepted Part B of this act shall keep a record of such injuries sustained by his employees in the course Revision of awards. Compensation commissioners. Powers. Residence. Enforcement of orders, etc. Board of com- missioners. Salaries, etc. Reports of acci- dents. 220 APPENDIX WOEKMEn's compensation laws CONNECTICITT. of their employment aa result in incapacity for one day or more, ani every such employer shall send each week to the commissioner such report of said injuries as the commission shall require, with such notices of claims for compensation as have been served upon him within one week, in conformity with the provisions of section twenty-one. No other report of injuries to employees shall be required by any depart- ment or office of the state from such employers as have accepted Part B, and copies of all reports of injuries received by a commissioner shall by him be transmitted to the factory inspector once in three months. Claim.?. Sbo. 21. No proceedings for compensation tmder this act shall be maintained unless a written notice of the injury shall have been given to the employer by the injured employee or in his behalf within thirty days of the happening thereof, and during the continuance of the in- capacity on account of which compensation is claimed, nor unless claim for compensation is made within one year from the date of the injury. Such notice shall state in ordinary language the date, place, and nature of the injury, the name and address of the injured employee, and the person in whose interest compensation is claimed. Notices may be served in the same manner as notices of withdrawal from the provisions of Part B of this act; and, in cases of fatal injuries, notice may be served either by any one of the dependents under this act or by the legal representative of the deceased employee; but no want, de- fect, or inaccuracy of such notice and claim shall be a bar to the main- tenance of proceedings unless the employer shall show that he was ignorant of the injury and was prejudiced by want, defect, or inac- curacy of notice. Upon satisfactory showing of such ignorance and prejudice, the employer shall receive allowance to the extent of such prejudice. Within one week after the receipt by an employer of such notice of injury and claim for compensation he shall report the substantial facts of said notice and claim to the commissioner. Voluntary Sec. 22. If an employer and an injured employee, or in case of fatal agreements. injury his legal representative, shall, not earlier than two weeks after the date of the injury, reach an agreement in regard to compensation, Buch. agreement shall by the employer be submitted in writmg to the commissioner, with a statement of the time, place, and nature of the injury upon which it is based; and if said commissioner shall find said agreement to conform to the provisions of this act in ev«ry regard he shall so approve it. Every agreement thus approved shall be filed in the office of the clerk of the superior court for the county in which the injury occurred and a copy thereof shall be retained by the commis- sioner, and a copy of the same delivered to each of the parties and thereafter it shall be as blading upon both parties as an award by the commissioner. Such agreements shall be subject to subsequent modi- fication as changed conditions may justify, but no modification shall be valid until approved and filed by the commissioner. Medical exami- Seo. 23. At any time while claiming or receiving compensation, upon na ions. ^.j^^ reasonable request of the employer or at the direction of the com- missioner, an injured employee shall submit himself to examination by a reputable practicing physician or surgeon provided and paid by the employer, with a view to a determination of the nature of the injury and the incapacity resultant therefrom. At any such examination the injured employee shall be allowed to secure the attendance of any reputable practicing physician or surgeon provided and paid by him- self. The refusal of an injured employee thus to submit himself to a reasonable examination shall suspend his right to compensation during such refusal. Hearings of Sec. 24. If an employer and his injured employee, or his legal rep- clamis. resentative, as the case may be, shall fail to reach an agreement in regard to compensation under this act, either party may notify the commissioner of the failure. Upon such notice, or upon other knowl- edge that an agreement has not oeen reached in a case in which com- pensation is claimed, the commissioner shall appoint an early hearing upon the matter, giving both parties due notice of time and place not less than ten days prior to the date appointed. Hearings shall be held, it practicable, in the town in the State in which the injured employee resides; and, if such place is not practicable, in such other convenient place as the commissioner may prescribe. Sufficient notice of such APPENDIX — WOEKMEn's COMPENSATION" LAWS CONNECTICUT. 221 hearii^ may be given to the parties in interest by a brief written state- ment m ordinary terms of the date, place, and nature of the injury upon which the claim for compensation is based. Sec. 25. Both parties may appear at any hearing, either in person or Conduct of by attorney or other accredited representative, and no formal pleadings '^^^^'^es- shall be required, beyond such informal notices as the commission shall approve. In all cases and hearings under this act the commissioner shall proceed, so far as possible, in accordance with the rules of equity. He shall not be bound by the ordinary common law or statutory rules of evidence or procedure, but may make inquiry in such manner, through oral testimony or written and printed records, as is best cal- culated to ascertain the substantial rights of the parties and carry out justly the spirit of this act. No fees shall be taxed or charged to either party by the commissioner in connection with any hearing or other procedure, but the commissioner may and shall furnish at actual cost certified copies of any testimony, award, or other matter which may be of record in his office. Witnesses subpoenaed by the commissioner shall be allowed such fees and traveling expenses as are allowed in civil ac- tions, to be paid by the party subpoenaing said witnesses. Sec. 26. As soon as may be after the conclusion of any hearing the Awards, commissioner shall send to each party a written copy of his finding and award and shall file a third copy in his office. The original award shall be filed in the office of the clerk of the superior court for the county in which the injury occurred. If no appeal from his decision is taken by either party within ten days thereafter said finding and award shall be final and may be enforced in the same manner as a judgment of the superior court. The superior court is hereby authorized to issue execu- tion upon any uncontested or final award of a commissioner in the same manner as in cases of judgments rendered in the superior court. Sec. 27. At any time within ten days after entry of such finding and Appeals. award by the commissioner either party may appeal therefrom to the superior court for the county in which the injury was sustained. The clerk of said court shall notify the adverse party of such appeal. No bond for prosecution shall be required on any such appeal unless prop- erty of the defendant is attached therein. Actions brought into the superior court under the provisions of this section shall be privileged in respect to their assignment for trial over all other actions except writs of habeas corpus andactions brought by oron behalf of the State, includ- ing informations on the relation of private individuals. No costs shall be taxed in favor of either party on any such appeal. Sec. 28. Whenever he deems it just or necessary the commissioner . Commutation may approve or direct the commutation of weekly compensations under ™'° '"°^P ^"™^- this act into monthly or quarterly payments, or into a single lump sum. In any such case of commutation, a true equivalence of value shall be maintained, with due discount of sums payable in the future; and when commutation is made into a single lump sum, the commissioner may direct that it be paid into any savings bank, trust company, or life insurance company which is authorized to do business within this State, to be held in trust for the beneficiary or beneficiaries under this act, and paid out in conformity with the provisions of this act. Sbc. 29. With the approval of the State insurance commissioner any Substitute employer subject to the provisions of Part B may enter into an sonemes. agreement with his employees to provide a system of compensation, benefit, and insurance in lieu of the compensation and insurance pro- vided by this act. No such substitute system shall be approved unless it confers benefits upon injured employees at least equivalent to the benefits provided by this act, nor shall any such substitute system be approved which contains an obligation of employees to join in it as a condition of emplojonent, or which in that case does not contain equi- table provision for the withdrawal of employees from it and the distri- bution of its assets. If any such system requires contributions from employees it shall not be approved unless it confers benefits in addi- tion to those provided under this act at least commensurate with such contributions. The insurance commissioner, having given his approval of such substitute system, shall have over it all the jurisdiction given him by chapter 186 of the public acts of 1909 over insurance companies. He may withdraw his approval upon reasonable notice to the employer 222 APPENDIX WOEKMEN-'s COMPENSATION LAWS CONNECTICUT. Guarantee of payments. Contents of in- surance policies. To cover full liability. Employee 's rights. Waivers forbid- den. Minors. Fees. Status of bene- fit payments. Payments. Notice. Duty of town clerks. Interstate com- merce. and order a distribution of the assets, subject to the right of any party in interest to take an appeal to the superior court for Hartford County. Sec. 30. Every employer subject to Part B who shall not furnish to the commissioner satisfactory proof of his solvency and financial ability to pay directly to injured employees or other beneficiariesthe com- pensation provided by this act, shall insure his full liability under PartB in one of both the following ways. (1) By filing with the insur- ance commissioner in form acceptable to him security guaranteeing the performance of the obligations of this act by said employer; or, (2) by insuring his full liability under Part B of this act in such stock or mutual companies or associations as are or may be authorized to take such risks in tliis State, or by such combination of the above- mentioned two methods as he may choose, subject to the approval of the insurance commissioner. Sec. 31. Every policy insuring the payment of compensations under this act shall contain a clause to the effect that as between the employee and the insurer notice and knowledge of the occurrence of injury by the insured shall be deemed notice and knowledge by the insurer, that jurisdiction of the insured for the purposes of this act shall be jurisdiiction of the insurer, and that the insurer shall in all things be bound by and subject to the findings, judgments, and awards rendered against such insured. Sec. 32. No policy of insurance against liability under Part B of this act, except as provided in section thirty, shall be made unless the same shall cover the entire liability of the employer thereunder and shall contain an agreement by the insurer that, in case the insured shall become insolvent or be discharged in bankruptcy during the period that the policy is in operation, or the compensation, or any part of it, is due and unpaid, or in case an execution upon a judgment for compensation is returned unsatisfied, an injured employee, or other person entitled to compensation under this act, may enforce his claim to compensation against the insurer to the same extent that the insured could have enforced his claim against such insurer had he paid com- pensation. Sec. 33. No contract, expressed or implied, no rule, regulation, or other device, shall in any manner relieve any employer, in whole or in part, of any obligation created by this act, except as herein set forth. Sec. 34. When any employee affected by the provisions of this act, or any person entitled to compensation hereunder, shall be a minor, or mentally incompetent, his parent, or guardian duly appointed, may, on his behalf, perform any act or duty required or exercise any right conferred by this act with the same effect as if such person was legally capable to act in his own behalf and had so acted. Sec. 35. All fees of attorneys, physicians, or other persons for services under this act shall be subject to the approval of the commissioner. Sec. 36. All sums due for compensation under this act shall be exempt from levy, attachment, and execution and shall be nonassign- able before or after award. The rights of compensation granted by this act shall have the same preference against the assets of an employer as may be allowed by law to a claim for unpaid wages. Sec. 37. Compensations payable under this act shall be paid at such particular times in the week and in such manner as the commissioner may order, and shall be paid directly to the persons entitled to receive them unless the commissioner, for good reason, shall order payment to those entitled to act for such persons. Sec. 38. Any notice under this act required to be served upon employer, employee, or commissioner may be served in the manner prescribed in section three of Part B of this act, unless the circum- stances of the case or the rules of the commission shall direct otherwise. SeC; 39. The town clerks of the several towns are hereby authorized and directed to receive from the commission such blank forms as may be prepared for use under this act and to distribute the same to persons making proper application for them. Sec 40. This act shall not affect the liability of employers to em- ployees engaged in interstate or foreign commerce, for death or injury in case the laws of the United States provide for compensation or for liability for such death or injury. APPENDIX — w6bKMEn's COMPENSATION LAWS — CONNECTICUT. 223 Sec. 41. The provisions of this act shall not apply to injuries or actions Prior injuries, brought on account of injuries sustained before January 1, 1914. Sec. 42. Any employerwho has accepted Part B of this act and -who Failure to ob- thereafter fails to conform to any of the provisions of section thirty of ^^"^ ^'■ PartB, shall thereby forfeit all benefits thereunder and shall be liable as if he had not accepted the same. Any such employer who shall fail to conform to any of the other provisions of Part B shall be fined not more than one hundred dollars for each offense. _ Sec. 43. "Commissioner" shall mean that compensation commis- Deflnltions. sioner, as constituted in this act, who has jurisdiction in the matter referred to in the context. "Commission" shall mean the five com- missioners, or a majority of them, acting as a board. "Dependents" shall mean members of the injured employee's family or next of kin who were wholly or partly dependent upon the earnings of the em- ployee at the time of the injury. "Employee " shall mean any person who has entered into or works under any contract or service or appren- ticeship with an employer. "Employer" shall mean any natural per- son, corporation, firm, partnership,, or joint stock association, the state, and any public corporation within the State using the services of an- other for pay; it includes also the legal representative of any such em- ployer. Masculine terms include males, females, and legal persons. "Outworker" shall mean a person to whom articles or materials are given to be treated in any way on premises not under the control or management of the person who gave them out. As the natural inter- pretation of the context may require, singular terms may be taken to include the plural, and plural to include the singular. Sec. 44. In case any provision of this act shall be held by the courts Unoonstuu- to be unconstitutional and invalid, the invalidity_ of such provision p" °^hms ' ^"^'^ shall not affect any other provision which can be given effect without the provision held invalid, Pakt C. Emploteks' Mutual Insurance. Section 1. With the approval of the insurance commissioner, em- . Mutual associar ployers who have accepted the provisions of Part B of this act and are '^°°^ authorized, bound to pay compensations to their employees thereunder, may asso- ciate themselves, in accordance with the law for the formation of cor- porations without capital stock, for the purpose of establishing and maintaining mutual associations to insure their liabilities under this act, but no such association shall be formed to include employers not in the same or similar trade or business, or in trades or businesses with substantially similar degrees of hazard of injury to employees. Sec. 2. With a view to his approval, the insurance commissioner may To be approved, require the incorporators of any such association to include in their, proposed certificate of incorporation such lawful provisions for the regu- lation of the affairs of the association and the definition of its powers and the powers of its officers, directors, and incorporators as shall satisfy him that it is well designed and wisely adapted to its proposed purposes. When such a certificate, in form and substance acceptable to the insur- ance commissioner, has been approved by and filed with the secretary of the State, the incorporators shall forthwith cause copies thereof to be filed in the offices of the insurance commissioner and each of the com- pensation commissioners. Sec. 3. Membership in such associations shall be limited to such Membership, employers as are subject to Part B of this act, and each association shall have power, by appropriate by-laws, to provide for the admission, suspension, withdrawal, or expulsion of members. Sec. 4. Except as herein otherwise provided, such associations shall Control, be subject to the same regulation and control as is or may be imposed by law upon other corporations or associations taking similar risks in this State, and over them the insurance commissioner shall have all the jurisdiction given him by chapter 186 of the public acts of 1909 over in- surance companies. Sec. 5. No poUcies shall be issued by any such association until Policies to issue, members in such numbers and with such numbers of employees as the ^"''°- insurance commissioner may decide will give a fair diffusion of risks shall have obligated themselves to take policies immediately upon their 224 APPENDIX WOEKMEn's compensation laws CONNECTICUT. Officers. Votes. Premiums. authorization, nor shall any policies be issued except such as the insur- ance commissioner shall have approved as conforming in all respects to the requirements of this act. Conformably to the provisions of section thirty of Part B of this act, policies may be issued covering claims only in excess of a certain amount. If at any time, by the retirement of members, reduction of numbers of employees, or other cause, the rnem- bership of any association shall appear to the insurance commissioner no longer to afford a fair diffusion of risks, he may suspend or forbid the further issue of policies until the former conditions of the association have been restored. Sec. 6. The affairs of all associations incorporated under this act shall be managed by such officers and directors as may be chosen in manner prescribed by the by-laws of the association, provided every member shall be entitled to cast at least one ballot in all elections and votes, that any member having had for six months an average of more than one hundred and not more than five hundred employees to whom he is bound to pay compensation under this act shall be entitled to cast two ballots, that each additional five hundred employees shall entitle such member to an additional ballot, and that no member shall be entitled to cast more than eight ballots. Kuiesiorsafety. Sec. 7. Each association shall have power to prescribe and enforce reasonable rules for Bafety_ regulations on the premises of its members, and for that purpose, its inspectors shall have free access to all Buch premises during regular working hours. Sec. 8. Each association shall have power to determine the com- parative premium rates for each occupation or risk insured by it and to prescribe rates of cash premiums sufficient to cover the current cost. Said premium rates shall prevail for the fiscal year of the association, but annually they may be changed at any time by the directors. The current cost herein specified shall be such an amount as is estimated to cover the expenses and the claims or portions of claims payable within the same fiscal year within which they originated. Members of each association shall be required to pay yearly in advance cash premiums for current costs, and m addition thereto an amount in nego- tiable notes sufficient to maintain a reserve equal to that required of stock or commercial casualty companies by the general statutes for similar classes of risks. _ These notes shall be payable on the call of the treasurer of the association, as they may be required to meet estimated losses or expenses in excess of the current cost or to meet claims cover- ing losses not payable within the same fiscal year within which the claim originated. The directors may, in their discretion, fix rates of interest on either notes or balances. Sec. 9. If an association is not possessed of funds sufficient for the payment of incurred losses and expenses, it shall make an assessment for the amount needed to pay such losses and expenses, upon the mem- . bers liable to assessment therefor, in proportion to their several ha- bilities. Sec. 10. The funds of each association shall be invested by the directors in the same classes of securities and in the same manner in which the funds of domestic life insurance companies are by law required or permitted to be invested, and Sec. 11. Each association shall have power to determine the pre- miums, contingent liabilities, assessments, penalties, and dividends of its members, and to enforce, or administer the same without the lim- itations imposed upon corporations without capital stock by section ninety of chapter 194 of the public acts of 1903. It shall also have power to make and amend by-laws or regulations not inconsistent with its certificate of incorporation for the prompt, economical, and safe conduct of its affairs. All by-laws and regulations of each association shall be filed with the insurance commissioner, and shall be subject to his approval. If "not disapproved by him, they shall go into effect thirty days after filing, or at such later date as may be indicated in the by-laws or regulations. Sec. 12. From any decision or order of the insurance commissioner affecting any association, such association shall have the right of appeal to the superior court of Hartford County. Funds. By-laws regulations. Appeals. APPENDIX' — WORKMEN 's COMPENSATION LAWS— CONNECTICUT. 225 General Provisions. Section 13. All acts and parts of acts inconsistent with, any provision Espeater. of this act are hereby repealed to the extent of such inconsistency. Sec. 14. So much of this act as directs the appointment of compen- Act in •fl»ot, sation commissioners and authorizes the formation of employers' mu- '^'^'''■• tual insurance associations shall take effect upon its passage; so much as empowers the commission to adopt and publish rules, procedure, and forms shall take effect October 1, 1913; all other provisions of this act shall take effect January 1, 1914. Approved, May 29, 1913. ILLINOIS. ACTS OF 1913. Compensation of worhmen for injuries. (Page 33S.) Section 1. Any employer in this State may elect to provide and pay Elation ai- compensation for accidental injuries sustained by any employee ^^* ' arising^ out of and in the course of the employment according to_ the provisions of this act, and thereby relieve himself from any liability for the recovery of damages, except as herein provided. (a) Election by an employer to provide and pay compensation How made, according to the provisions of this act shall be made by the employer filing notice of such election with the industrial board. (b) Every employer within the provisions of this act who has elected Term, to provide and pay compensation according to the provisions of this act shall be bound thereby as to all his employees covered by this act until January 1st of the next succeeding year and for terms of each year thereafter: Provided, Any such employer may elect not to provide and Notice of with pay the compensation herein provided for accidents resulting, in either ^ra^ai. mjury or death and occurring after the expiration of any such calendar year by filing notice of such election with the industrial board at least sixty days prior to the expiration of any such calendar year, and by post- ing such notice at a conspicuous place in the plant, shop, office, room, or place where such employee is employed, or by personal service, in written or printed form, upon such employee, at least sixty days prior to the expiration of any such calendar year. (c) In the event any employer elects to provide and pay the com- Presumption as pensation provided in this act, then every employee of such employer, employees. as a part of his contract of hiring or who may be employed at the time of the taking effect of this act and the acceptance of its provisions by the employer, shall be deemed to have accepted all the provisions of this act and shall be bound thereby unless within thirty days after such hiring or after the taking effect of this act, and its acceptance by the employer, he shall file a notice to the contrary with the industrial board, whose duty it shall be to immediately notify the employer, and if so notified, the employer shall not be deprived of any common law or statutory defenses existing but for this act; and until such notice to the contrary is given to the employer, the measure of liability of the employer shall be determined according to the compensation pro- visions of this act: Provided, however, That any employee may with- Notice of with- draw from the operation of this act upon filing a written notice of with- "^'^^a'- drawal at least ten days prior to January 1st of any year with the indus- trial board, whose duty it shall be to immediately notify the employer by registered mail, and, if so notified, the employer shall not be deprived of any common law or statutory defenses existing but for this act, and until such notice to the contrary is given to the employer, the measure of liability of the employer shall be determined according to the com- pensation provisions of this act. (d) Any employer or employee may, without prejudice to^ amy existing right or claim, withdraw his election to reject this act by giving thirty days' written notice in such manner and form as may be pro- vided by the industrial board. 22566°— S. Doc. 336, 63-2 15 226 APPENDIX workmen's COMPENSATION" LAWS ^ILLINOIS, Presumption as Sec. 2. Every employer enumerated in section 3, paragraph (b), iSoyere'^'" ™" shall be conclusively presumed to have filed notice ofhis election as provided in section 1, paragraph (a), and to have elected to provide and pay compensation according to the provisions of this act, unless and until notice in writing of his election to the contrary is filed with the industrial board and unless and untU the employer shall either furnish to his employee personally or post at a conspicuous place in the plant, shop, office, room or place where such employee is to be em- ployed, a copy of said notice of election not to provide and pay com- pensation according to the provisions of this act; which notice of non- election, if filed and posted as herein provided, shall be effective untU withdrawn; and such notice of nonelection may be withdrawn as pro- vided in this act. Defenses aboi- Sec. 3. (a) In any action to recover damages against an employer, ^^- engaged in any of the occupations, enterprises or busiaesses enumerated in paragraph (b) of this section, who shall elect not to provide and pay compensation to any employee, according to the provisions of this act, it shall not be a defense, that: First, the employee assumed the risks of the employment; second, the injury or death was caused in whole or in part by the negligence of a fellow servant; or third, the injury or death was proximately caused by the contributory negligence of the employee. Extrahazard- (b) The provisions of paragraph (a) of this section shall only apply to ous occupations. ^^^ employer engaged in any of the following occupations, enterpnses or businesses, namely: 1. The building, maintaining, repairing or demolishing of any structure; 2. Construction, excavating or electrical work; 3. Carriage by land or water and loading and unloading in connection therewith; 4. The operation of any warehouse or general or terminal store houses; 5. Mining, surface mining or quarrying; 6. Any enterprise in wluch explosive materials are manufactured, handled or usedtin dangerous quantities; 7. In any enterprise wherein molten metal, or explosive or injurious gases or vapors, or inflammable vapors or fluids, or corrosive acids, are manufactured, used, generated, stored or conveyed in dangerous quantities; 8. In any enterprise in which statutory or municipal ordinance regu- lations are now or shall hereafter be imposed for the regulating, guard- ing, use or the placing of machinery or appliances, or for tHe protection and safeguarding of the employees or the public therein;' each of which occupations, enterprises or busiaesses are hereby declared to be extrar hazardous. Who are em- Sec. 4. The term "employer" as used in this act shall be construed ployers. ^o be : First. The State and each county, city, town, township, incorporated village, school district, body politic, or municipal corporation therein. Second. Every person, firm, public or private corporation, including hospitals, public Service, eleemosynary, religious, or charitable corpo- rations or associations who has any person in service or under any con- tract for hire, express or implied, oral or written, and who, at or prior to the time of the accident to the employee for which compensation under this act may be claimed, shall in the manner pro\'ided in this act have elected to become subject to the provisions of this act, and who shall not^ prior to such accident, have effected a withdrawal of such election in the manner provided in this act. Who are em- Sec. 5. The term "employee " aa used in this act shall be construed P'oy^^'- to mean: First. Every person in the service of the State, county, city, town, township, incorporated village or school district, body politic, or munic- ipal corporations therein, under appointment, or contract of hire, express or implied, oral or written, except any official of the State, or of any county, city, town, township, incorporated village, school dis- trict, body politic, or municipal corporation therein; and except any employee thereof for whose accidental injury or death arising out of and in the course of his employment compensation or a pension shall be payable to him, his personal representative, beneficiaries or heirs. APPENDIX — WOEKMEn's OOMPENSATION" LAWS — ^ILLINOIS. 227 from any pension or benefit fund to wMch. the State, or any county, city, town, township, iucorporated village, school district, body politic, or municipal corporation therein contributes in whole or in part: Provided, That one employed by a contractor who has contracted with the State, or a county, city, town, township, incorporated village, school district, body politic, or municipal corporation therein, through its representatives, shall not be considered as an employee of the State, county, city, town, township, incorporated village, school district, body politic or municipal corporation which made the contract. Second. Every person in the service 'Of another under any contract of hire, express or implied, oral or written, including aliens, and minors who are legally permitted to work under the laws of the State, who, for- the purpose of this act, shall be considered the same and have the same power to contract, receive payments and give quittances therefor, as adult employees, but not including any person whose employment is but casual or who is not engaged in the usual course of the trade, busi- ness, profession, or occupation of his employer: Provided, That em- ployees shall not be included within the provisions of this act when excluded by the laws of the United States relating to liability of em- ployers to their employees for personal injuries where such laws are held to be exclusive. Sec. 6. No common law or statutory right to recover damages for Remedy exoiu- injury or death sustained by any employee while engaged in the line '^^' of his duty as such employee qther than the compensation herein pro- vided shall be available to any employee who is covered by the pro- visions of this act, to any one wholly or partially dependent upon him, the legal representatives of his estate, or any one otherwise entitled to recover damages for such injury. Sec. 7. The amount of compensation which shall be paid for an injury Compensation to the employee resulting in death shall be: (a) If the employee leaves any widow, child or children whom he was under legal obligation to support at the time of his injury, a sum equal to four times the average annual earnings of the employee, but not less in any event than one thousand five hundred dollars and not more in any event than three thousand five hundred dollars. Any compensation payments other than necessary medical, surgical or hos- pital fees or services shall be deducted in ascertaining the amount payable on death. (b) If no amount is payable under paragraph (a) of this section and the employee leaves any widow, child, parent, grandparent or other lineal heir, to whose support he had contributed within four years pre- vious to the time of his injury, a sum equal to four times the average annual earnings of the employee, but not less in any event than one thousand five hundred dollars and not more in any event than three thousand five hundred dollars. Any compensation payments other than necessary medical, surgical or hospital fees or services shall be deducted in ascertaining the amount payable on death. (c) If no amount is payable under paragraph (a) or (b) of this section and the employee -leaves collateral heirs dependent at the time of the injury to the employee upon his earnings, such a percentage of the sum provided in paragraph (a) of this section as the average annual contri- butions which the deceased made to the support of such collateral dependent heirs during the two years preceding the injury bears to his earnings during such two years. ' (d) If no amount is payable under paragraph (a) or (b) or (c) of fihis section, a sum not to exceed one hundred and fifty dollars for burial expenses. fe)-AU compensation except for burial expenses, provided for in this section to be paid in case injury results in death, shall be paid in installments equal to one-half the average earnings, at the same inter- vals at which the wages or earnings of the employee were paid; or it this shall not be feasible, then the installments shall be paid weekly: Provided, Such compensation may be paid in a lump sum upon peti- tion as provided in section 9 of this act. (f) The compensation to be paid for injury which results in death. To whom pay- as provided in this section, shall be paid at the option of the employer ^ either to the personal representative of the deceased employee or to 228 APPENDIX workmen's compensation laws ^ILLINOIS. his beneficiaries, and shall be distributed to the heirs who formed the basis for determining the amount of compensation to be paid by the employer, the distributees' shares to be in the proportion of their re- spective dependency at the time of the injury on the eamiags of the deceased: Provided, That, in the judgment of the court appointing the personal representative, a child's distributive share may be paid to the parent for the support of the child. The payment of compensation by the employer to the person representative of the deceased employee shall relieve him of all obligation as to the distribution of such com- pensation so paid. The distribution by the personal representative of the compensation paid to him by the einployer shall be made pur- suant to the order of the court appointing him. Compensation Sec. 8. The amount of compensation which shall be paid to the tor injuries. employee for an injury not resulting in death shall be: Medical, etc., (a) The employer shall provide necessary first aid medical, surgical services. ^^^ hospital services; also medical, surgical and hospital services for a period not longer than eight weeks, not to exceed, however, the amount of $200.00. The employee may elect to secure his own phy- sician, surgeon or hospital services at his own expense. Total disability, (b) If the period of temporary total incapacity for work lasts for more than six working days, compensation equal to one-half the earn- ings, but not less than $5.00 nor more than $12.00 per week, beginning on the eighth day of such temporary total incapacity, and continuing as long as the temporary total incapacity lasts, but not after the amount of compensation paid equals the amount which would have been payable as a death benefit under paragraph (a), section 7, if the employee had died as a result of the injury at the time thereof, leaving heirs surviv- ing as provided in said paragraph (a), section 7. Disflgiir«ment. (c) for any serious and permanent disfigurement to the hands, head or face, the employee shall be entitled to compensation for such dis- figurement, the amount to be fixed by agreement or by arbitration in accordance with the provisions of this act, which amount^ shall not exceed one-quarter of the amount of the compensation which would have been payable as a death benefit under paragraph (a), section 7, if the employee had died as a result of the injury at the time thereof, leaving heirs surviving, as provided in said paragraph (a), section 7: Provided, That no compensation shall be payable under this paragraph where compensation is payable under paragraphs (d), (e) or (f) of this section. .P«™^™tpar- (d) If, after the injury has been sustained, the employee as a result isa uity. thereof becomes partially, though permanently incapacitated from pursuing his usual and customary line of employment, he shall, except in the cases covered by the specific schedule set forth in paragraph (e) of this section, receive compensation, subject to the Unutationa as to time and maximum amounts fixed in paragraphs (b) and (h) of this section, equal to one-half of the difierence between the average amount which he earned before the accident, and the average amount which he is earning or is able to earn in some suitable employment or business after the accident. In the event the enroloyee returns to the employ- ment of the employer in whose service he was injured, the employee shall not be barred from asserting a claim for compensation under this act: Provided, Notice of such claim is filed with the industrial board within eighteen months after he returns to such employment, and the said board shall immediately send to the employer, by registered mail, a copy of such notice. Specific inju- ^ (e) For injuries in the following schedule, the employee shall receive ^" in addition to compensation durmg the period of temporary total in- capacity for work resulting from such injury, in accordance with the provisions of paragraphs (a) and (b) of this section, compensation, for a further period, subject to the limitations as to time and amounts fixed in paragraphs (b) and (h) of this section, for the specific loss hereia mentioned, as follows, but shall not receive any compensation under any other provision of this act: For the loss of a thumb, or the permanent and complete loss of its use, fifty per centum of the average weekly wage during sixty weeks; nes. APPENDIX — -workmen's COMPENSATION LAWS — ILLINOIS. 229 For the loss of a first finger, commonly called the index finger, or the . permanent and complete loss of its use, fifty per centum of the average weekly wage during thirty-five weeks; For the loss of a second finger, or the permanent and comj)lete lose of its use, fifty per centum of the average weekly wages durmg thirty weeks; For the loss of a third finger, or the permanent and complete loss of its use, fifty per centum of the average weekly wage during twenty weeks; For the loss of a fourth finger, commonly called the little finger, or the permanent and complete loss of its use, fifty per centum of the average weekly wage during fifteen weeks; The loss of the first phafinge of the thumb, or of any finger, shall be considered to be equal to the loss of one-half of such thumb, or finger, and compensation shall be one-half the amounts above specified; The loss of more than one phalange shall be considered as the loss of the entire finger or thumb : Provided, however, That in no case shall the amount received for more than one finger exceed the amoimt provided in this schedule for the loss of a hand; For the loss of a great toe, fifty per centum of the average weekly wage during thirty weeks; For the loss of one or more of the toes other than the great toe, fifty per centum of the average weekly wage during ten weeks; The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe, and compensation shall be one- half of the amount above specified;. The loss of more than one phalange shall be considered as the loss of the entire toe; For the loss of a hand, or the permanent and complete loss of its use, fifty per centum of the average weekly wage during one hundred and fifty weeks; For the loss of an arm, or the permanent and complete loss of its use, fifty per centum of the average weekly wage during two hundred weeks; For the loss of a foot, or the permanent and complete loss of its use, fifty per centum of the average weekly wage during one hundred and ' twenty-five weeks; For the loss of a leg, or the permanent and complete loss of its use, fifty per centum of the average weekly wageduriug one hundred and seventy-five weeks; For the loss of the sight of an eye, fifty per centum of the average weekly wage during one hundred weeks; The loss of both hands or both arms, or both feet, or both legs, or both eyes, or of any two thereof, shall constitute total and permanent dis- ability, to be compensated according to the compensation fixed by paragraph (f) of this section: Provided, That these specific cases of total and permanent disability shall not be construed "as excluding other cases. (f) In the case of complete disability which renders the employee Permanent to- whoUy and permanently incapable of work, compensation equal to 50 disabiuty. per cent of his earnings, but not less than $5.00, nor more than $12.00 per week, commencing on the day after the injury and continuing until the amount paid equals the amount which would have been payable as a death benefit under paragraph (a), section 7, if the employee had died as a result of the injury at the time thereof, leaving heirs surviv- ing, as provided in said paragraph (a), section 7, and thereafter a pen- sion during life annually equal to 8 per cent of the amount which would have been payable as a death benefit imder paragraph (a), sec- tion 7, if the employee had died as a result of the injury at the time thereof, leaving heirs surviving, as provided in said paragraph (a), section 7. Such pension shall not be less than $10.00 per month and shall be payable monthly. (g) In case death occurs as a result of the injury before the total ofSubsequtnt the payments made equals the amount payable as a death benefit, °®*'''- then in case the employee leaves any widow, child or children, parents, grandparents or other.Iineal heirs, entitled to compensation under sec- tion 7, the difference between the compensation for death and the sum 230 APPENDIX WOEKMEn's COMPENSATION LAWS ^ILLINOIS. of the payments made to the employee shall be paid, at the optionof the employer, either to the personal representative or the beneficiaries of the deceased employee and distributed, as provided in paragraph (f) of section 7, but in no case shall the amount payable under this para- ' graph be less than $500. Maximum ben- (h) In no event shall the compensation to be paid exceed fifty per centum of the average weekly wage or exceed twelve dollars per week in amount; nor, exceptin cases of complete disability as defined above, shall any payments extend over a period of more than eight years from the date of the accident. In case an injured employee shall be incom- petent at the time when any right or privilege accrues to himunderthe provisions of this act, a conservator or guardian may be appointed pur- suant to law, and may, on behalf of such incompetent, claim and exer- cise any such right or privilege with the same force and effect as if the employee himself had been competent and had claimed or exercised said right or privilege ; and no limitations of time by this act provided shall run so long as said incompetent employee is without a conservator or guardian. Time of pay- (j) AH compensation provided for in paragraphs (b), (c), (d), (e) and ™™*^" (f) of this section, other than cases of pension for life, shall be paid in installments, at the same intervals at which the wages or earnings of the employee were paid at the time of the injury, or if this shall not be feasible, then the installments shall be paid weekly. Lump sums. gEc. 9. Any employer or employee or beneficiary, who shall desire to haveeuch compensation, or any unpaid part thereof, paid in a lump sum, may petition the industrial board, asking that such compensation be so paid, and if upon proper notice tothe interested partiea and a proper showing made before such board, it appears to the best interest of the parties that such compensation be so paid, the board shall order tho commutation of the conpensation to an equivalent lump sum, which commutation shall be an amount which will equal the total sum of the probable future payments capitalized at their present value upon the basis of interest calculated at three per centum per annum with annual rest: Provided, That in cases indicating complete disability no petition for a commutation to a lump sum basis shall be entertained by the industrial board until after the expiration of six months from the date of the injury, and where necessary, upon proper application being made, a guardian, conservator or administrator, as the case may be, may be appointed for any person under disability who may be entitled to any such compensation, and an employer Taound by the terms of this act, and liable to pay such compensation, may petition for the appointment of the public administrator, or a conservator, or guardian where no le^al representative has been appointed or is acting for such party or parties so under disability: Provided, further, Thatu the amount awarded ao a lump sum settlement is not satisfactory to either party, such party_ may reject the same within ten daya after notice of the award by filing his written rejection thereof with the said board in which event compensation shall be payable in installments as herein provided. Compensation Seo. 10. The basis for computing the compensation provided for in computed, how. ggctions 7 and 8 of the act shall be as follows : (a) The compensation shall be computed on the basis of the annual earnings which the injured person received as salary, wages or earnings if in the employment of the same employer continuously during the year next preceding the injury. (b) Employment by the same employer shall be taken to mean em- ployment oy the samo employer in the grade in which the employee was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause. (c) If the injured person has not been engaged in the employment of the sarne employer for the full year immediately preceding the accident, the corhpensation shall be computed according to the annual earnings which persons of the same class in the same employment and same location, (or if that be impracticable, of neighboring employments of the same kind) have earned during such period. (d) As to employees in employments in which it is the custom to operate throughout the working days of the year, the annual earnings. ' APPENDIX WOBKMEn's COMPENSATION LAWS — ^ILLINOIS. 231 if not otherwise determinable, sliall be regarded as 300 times the aver- age daily earnings in such computation. (e) As to employees in employments in which it, is the custom to operate for a part of the whole number of working days in each year, such number^ if the annual earnings are not otherwise determinable, shall be used instead of 300 as a basis for comj)uting the annual earnings: Provided, The minimum number of days which shall be so used for the basis of the year's work shall be not less than 200. (/) In the case of injured employeeswho earn either no wage or less than the earnings of ad.ultday laborers in the same line of employment in that locality, the_ yearly wage shall be reckoned according to the average annual earnings of adults of the same class in the same (or if that is impracticable then of neighboring) employments. (g) Earnings, for the purpose of this section, shall be based on the earnings for the number of hours commonly regarded as a day's work for that employment, and shall exclude overtime earnings. The earnings shall not include any sum which the employer has been accustomed to pay the employee to cover any special expense entailed on him by the nature of his employment. (h) In computing the compensation to be paid to any employee, who, before the accident for which he claims compensation, was dis- abled and drawing compensation under the terms of this act, the com- pensation for each subsequent injury shall be apportioned according to the proportion of incapacity and disability caused by the respective injuries which he may have suffered. (i) To determine the amount of compensation for each installment period, the amount per annum shall be ascertained pursuant hereto, and such amount divided by the number of installment periods per annum. Sec 11. The compensation herein provided, together with the pro- . .J^j™'' "' •'*- visions of this act, shall be the measure of the responsibility which the ™"y- employer has assumed for injuries or death that may occur to employees in his employment subject to the provisions of this act. exam- SBC. 12. An employee entitled to receive disability payments shall Medical be required, if requested by the employer, to submit himself at the i"*'""^- expense of the employer for examination to a duly qualified medical practitioner or surgeon selected by the employer, at a time and place reasonably convenient for the employee, as soon as practicable after the injury, and also one week after the first examination, and thereafter at intervals not oftener than once every four weeks, which examination shall be for the jjurpose of determining the nature, extent and probable duration of the injury received by the employee, and for the purpose of ascertaining the amount of compensation which may be due the em- ployee from time to time for disability according to the provisions of this act: Provided, however, That such examination shall be made in the presence of a duly qualified medical practitioner or surgeon provided and paid for by the employeeif such employee so desires. If the employee refuses so to submit himself to examination or un- necessarily obstructs the same, his right to compensation payments shall be temporarily suspended until such examination shall have taken place, and no compensation shall be payable under this act for such period. Sec. 13. There is hereby created a board which shall be known as industrial the industrial board, to consist of three members to be appointed by °°^^- the governor, by and with the consent of the senate, one of whom shall be a representative citizen of the employing class operating under this act, and one of whom shallbe a representative citizen chosen from among the employees operating under this act, and one of whom shall be a representative citizen not identified with either the employing or employee classes, and who shall be designated by the governor as chairman. Appointment of members to places onthe first board, or to fill vacancies on said board may be made during recesses of the senate, but shall be subject to confirmation by the senate at the next ensuing session of the legislature. The term of ofiice of members of this board shall be six years, except that when first constituted one member shall be appointed for two years, one for four years, and one for six years. Thereafter one member shall be appointed every second 282 APPENDIX workmen's COMPENSATION LAWS ^ILLINOIS. Salaries. Seal. Jurisdiction. Powers. Blanks and rec- ords. Disputes. ArbltratloD. year for the full term of six years. _ Not more than two members of the board shall belong to the same political party. Sec. 14. The Balary of each of the members of the boaid so appointed by the goyernor shall be $4,000 per year. The board shall appoint a secretary and shall employ such assistants and clerical help as nmy_ be necessary. The board shall provide itself with a seal for the authentica- tion of Its orders, awards, and proceedings, upon which shall be in- scribed the words "Industrial board — Illinois— rSeal." Sec. 15. The industrial board shall have iurisdiction over the oper- atisH and administration of this act, and said board shall perform all tie duties imposed upon it by this act, and such further duties as may beraf ter be imposed by law and the rules of the board not inconsistent therewith. Sec. 16. The board may make rules and orders for carrying out the duties imposed upon it by law, which rules and orders shall be deemed Erima facie reasonable and valid; and the process and procedure efore the board shall be as simple and summary as reasonably may be. The board or any member thereof shall have the power to administer oaths, subpoena and examine witnesses, and to examine and inspec,t such books, papers and records, places or premises as may relate to questions in dispute. Sec. 17. The board shall cause to be printed and furnish free of charge upon request by any employer or employee such blank forms as it shall deem requisite to facilitate or promote the efficient adminis- tration of this act, and the performance of the duties of the board; it shall provide a proper record in which shall be entered and indexed the name of any employer who shall file a notice of declination or with- drawal under this act, and the date of the filing thereof; and a proper record in which shall be entered and indexed the name of any employee who shall file such a notice of declination or withdrawal, and the date of the filing thereof ; and such other notices as may be required by the terms and intendment of this act; and records in which shall be recorded all proceedings, orders and awards had or made by the board, or by the arbitration committees, and such other books or records as it shall deem necessary, all such records to be kept in the office of the board. Sec. 18. All questions arising under this act, if not settled by agree- ment of the parties interested therein, shall, except as otherwise pro- vided, be determined by the industrial board. Sec. 19. Any disputed questions of law or fact upon which the em- ployer and employee or personal representative can not agree, shall be determined as herein provided. (a) It shall be the duty of the industrial board, upon notificatioh that the j>arties have failed to reach an agreement, to notify both parties to appoint their respective representatives on a committee of arbitration. , The board shall designate one of its members or an agent appointed by it and at its expense to act as chairman, and if either party fails to ap- point its member on the committee within seven days after notification aa above provided, the board shall appoint a person to fill the vacancy and notify the parties to that effect, and the reasonable expenses of the person so appointed to fill the vacancy shall, after approval by the board, be taxed aa costs against the party who failed to appoint its loember on such committee. (b) The committee of arbitration shall make such inquiries and in- vestigations as it shall deem necessary, and may examine and inspect all books, papers, records, places or premises relating to the questions in dispute.^ The heariagsof the committee shall be held in the vicinity where the injury occurred, after ten days' notice of the time and place of such hearing shall have been given to each of the parties, and the decision of the committee shall be filed with the industrial board, which board shall immediately send to each party a copy of such decision, together with a notification of the time when it was filed, and unless a petition for a' review is filed with the board by either party within fifteen days after the receipt by said party of the copy of such decision and notification of time when filed, and unless such party petitioning for review shall, within twenty days of the filing of such decision, file with the board either an agreed statement of the facts APPENDIX — WOEKMEn's COMPENSATION LAWS — ^ILLINOIS. 233 appearing upon the hearing before the committee of arbitration, or, if such party shall so elect, a correct stenographic report of the proceedings at such hearing, then the decision shall bo entered of record as the decision of the industrial board: Provided, That such industrial board may, for sufficient cause shown, grant further time in which to petition for such review or to file such agreed statement or stenographic report. An agreed statement of facts or correct stenographic report, as the case may be, shall be authenticated by the signatures of the parties or their attorneys and in the event they do not agree as to the correctness of the stenographic report it shall be authenticated by the signature of the chairman of the committee of arbitration. (c) The industrial board may appoint, at its expense, a duly qualified, Piiysioian. impartialphysician, to examine the injured employee and report to the board. The fee for this service shall not exceed five dollars and travel- ing expenses, but the board may allow additional reasonable amounts in extraordinary cases. The fees and the payment thereof of all attco"- neys and physicians for services authorizedTby the board under this act, shall, upon request of either the employer or the employee or liie bene- ficiary affected, be subject to the review and decision of the industrial board. (d) If any employee shall persist in insanitary or injurious practices Eefusing medi- which tend to either imperil or retard liis recovery or sliall refuse to sub- mit to such medical or surgical treatment as is reasonably essential to promote his recovery, the board may, in its discretion, reduce, or sus- pend the compensation of any such injured employee. (e) If a petition for review, and agreed statement of facts or fitenor Review, graphic report is filed, as provided herein, the industrial board sbaii promptly review the decision of the committee of arbitration and the facts as they appear from the said statement of facts or stenographic report, and shall also, it desired, hear the parties, together with such additional evidence as they may wish to submit. After such hearing upon review, the board sha^ll announce and file in its office its decision thereon and shall immediately send to each party a copy of such de- cision, together with a notification of the time when it was filed. Such review and hearing may be held in its office, or elsewhere, as the board shall deem advisable. Any party ijiay, within twenty days of the receipt by it of notice of the board's decision or within such further time as the board may grant, file with the board either an agreed state- ment of the facta appealing upon the hearing, or, if such party shall so elect, a correct stenograpMc report .of the proceedings at the hearing, such statement of facts or stenographic report to be authenticated by the signatures of the parties or their attorneys, and in the event they do not agree then the authentication shall be by the signature of the chair- man of the board . The statement of facts or stenographic report of the proceedings on the hearings before either the committee of arbitration or the industrial board shall upon filing as hereinbefore provided, be- • come part of the record of the proceedings of said board. (f) The decision of the industrial board, acting within its powers. Decisions con- according to the provisions of paragraph (e) of this section, ana of the ''■"^'■^^• committee of arbitration, where no review is had and its decision becomes the decision of the industrial board in accordance with the Erovisions of this section, shall, in the absence of fraud be conclusive, ut the supreme court shall have power to review questions of law in- Reference to volved in any such decision :_ Provided, That application is made by "°""''- the aggrieved party within thirty days after notice given to him of such decision or within thirty days after the expiration of the time allowed for filing the a^eed statement of facts or stenographic report with said board, by certiorari, mandamus or by any other method permissible under the rules and practices of said court or the laws of this State. The decision of any two members of a committee of arbitration, or of the industrial board, shall be considered the decision of such com- mittee or board, respectively. (g) Either party may present a certified copy of the decision of the . Court to render industrial board, when no proceedings for review thereof have been Judgment, when, taken, or of the decision of such committee of arbitration when no claim for review is made, or of the decision of the industrial board after hearing upon review, providing for the payment of compensation 234 APPENDIX WOEKMEN^S COMPENSATION LAWS ^ILLINOIS. Review awards. of Reports board. Payments empt. according to this act, to the circuit court of the county in which such accident occurred, whereupon such court shall render a judgment in accordance therewith; and in cases where the employer does not insti- tute proceedings for review of the decision of the industrial board and refuses to pay compensation according to the award upon which such judgment is entered, the court shall, in entering judgment thereon, tax as costs against him the reasonable costs and attorney fees in the arbi- tration proceedings and in the court entering the judgment, for the person in whose favor the judgment is entered; which judgment, and costs, taxed as herein provided, shall, until and unless set aside, have the same effect as though duly rendered in an action duly tried and determined by said court, and shall, with like effect, be entered and docketed . The circuit court shall have power at any time, upon applica- tion, to make any such judgment conform to any modification required by any subsequent decision of the supreme court upon appeal, or as the result of any subsequent proceedings for review as provided in this act. Judgment shall not oe entered until fifteen days' notice of the time and place of the application for the entry of judgment shall be served upon the employer by filing such notice with the industrial board; which board shall, in case it has on file the address of the employer or the name and address of its agent upon whom notices may be served, imme- diately send a copy of the notice to the employer or such designated agent; and no judgment shall be eiitered in the event the employer shall file with the said board its bond with good and suflBcient surety in double the amount of the award conditioned upon the payment of said award in the event the said employer shall fail to prosecute with effect proceedings for review of the decision or the said decision upon review shall be affirmed. (h) An agreement or award under this act, providing for compensa- tion in installments, may at any time within eighteen months after such agreement or award, be reviewed by the industrial board at the request of either the employer or the employee on the ground that the disability of the employee has subsequently recurred, increased, di- minished or ended; and on such review compensation payments may be reestablished, increased, diminished or ended: Provided, That the board shall give fifteen days' notice to the parties of the hearing for review: And, provided further, Any employee, upon any petition for such a review being filed by the employer, shall be entitled to one day's notice for each one hundred miles necessary to be traveled by him in attending the hearings of the board upon said petition, and three days' in addition thereto, and such employee shall, at the dis- cretion of the board, also be entitled to five cents per mile necessarily traveled by him in attending such hearing, not to exceed a distance of 300 miles, to be taxed by the board as costs and deposited with the petition of the employer. (i) Each party, upon taking any proceedings or steps whatsoever, before any committee of arbitration, industrial board or court, shall file with the industrial board his address or the name and address of an agent upon whom all notices to be given to such party shall be served either personally or by registered mail addressed to such party or agent at the last address so filed with the industrial board: Provided, That in the event such party has not filed his address or the name and address of an agent as above provided, service of any notice may be had by filing such notice with the industrial board. 0' Sec. 20. The industrial board shall report in writing to the governor on the 30th day of June, annually, the details and results of its admin- istration of this act, in accordance with the terms of this act, and may prepare and issue such special bulletins and reports from time to time as in the opinion of the board seems advisable.. ^- Sec. 21. No payment, claim, award or decision under this act shall be assignable or subject to any lien, attachment or garnishment, or be held liable in any way for any lien, debt, penalty or damages. In case of insolvency of the employer, every decision of the industrial board for compensation under tnis act shall, upon the filing of a certified copy of the decision with the recorder of deeds of a county, constitute a lien upon all property of the employer within said county, paramount to all other claims, or Uens except for wages and taxes, and mortgages or trust APPENDIX — WOEKMEn's COMPENSATION LAWS — ILLINOIS. 235 Waivers. Notice. deeds and such, liens shall be enforced by order of the court. Any right to receive compensation hereunder shall be extinguished by the death of the person or persons entitled thereto, subject to the provisions of this act relative to compensation for death received in the course of eioployment. Sec. 22. Any contract or agreement made by any employer or his Agreements In agent or attorney with any employee or any other beneficiary of any ' claim under the provisions of this act within seven days after the injury shall be presumed to be fraudulent. Sec. 23. No employee, personal representative, or beneficiary shall have power to waive any of the provisions of this act in regard to the amount of compensation which may be payable to such employee, per- sonal representative or beneficiary hereunder except after approval by the industrial board. Sec. 24. No proceedings for compensation under this act shall be maintained imless notice of the accident has been given the employer as soon as practicable, but not later than 30 days after the accident. In cases of mental incapacity of the employee, notice must be given within six months after such accident. No defect or inaccuracy of such notice shall be a bar to the maintenance of proceedings by arbitration or other- wise by the employee, unless the employer proves that he is imduly prejudiced in such proceedings by such defect or inaccuracy. Notice of the accident shall in substance apprise the employer of the claim of compensation made and shall state the name and address of the em- ployee injured, the approximate date and place of the accident, if known, and in simple language the cause thereof; which notice may be served personally or by registered mail, addressed to the employer at his last known residence or place of business: Provided, That the failure on the part of any person entitled to such compensation to give such notice shall not relieve the employer from his liability for such com- pensation, when the facts and circumstances of such accident are known to such employer, his agent or vice principal in the enterprise. No proceedings for compensation under this act shall be maintained unless claim for compensation has been made within six months after Claima. the accident, or in the event that payments have been made imder the provisions of this act, unless written claim for compensation has been made, within six months after such payments have- ceased. Sec. 25. Any employer against whom liability may exist for com- Employers' op- pensation under tms act may, with the approval of the industrial "°'^- board, be relieved therefrom by: (a) Depositing the commuted value of the total unpaid compensa- tion for which such liability exists, computed at three per centum per annum in the same manner as provided in section 9, with the State treasurer, or county treasurer in the county where the accident hap- pened, or with any State or national bank or trust company doing business in this State, or in some other suitable depository approved by the industrial board: Provided, That any such depository to which such compensation may be paid shall pay the same out in in- stallments as in this act provided, unless such sum is ordered paid in, and is commuted to, a lump sum payment in accordance with the provision of this act. (b) By the purchase of an annuity, in an amount of compensation due or computed, under this act within the limitation provided by law, in any insurance coinpany granting annuities and licensed or per- mitted to do business in this State, which may be designated by the employer, or the industrial board. Sec. 26. (a) An employer who elects to provide and pay the com- Guaranty of pensation provided for in this act shall within ten (10) days of receipt P^y™^™^- by the employer of a written demand by the industrial board (1) file with the board a sworn statement showing his financial ability to pay the compensation provided for in this act, normally required to be paid, or (2) furnish, security, indemnity or a bond guaranteeing the payment by the employer of the compensation provided for in this act, normally recjuired to be paid, or (3) insure to a reasonable amount his normal liability to pay such compensation in some corporation, association or organization authorized, licensed or permitted to do such insurance business in this State, or (4) make some other provision 236 APPENDIX — WOEKMEn's compensation laws — ^ILLINOIS. for the Becuiing of the payment of compensation provided for in this act, normally reqiiired to be paid, and shall within twenty (20) days of the receipt of such written demand furnish to the board evidence of his compliance with one of the above alternatives: Provided, That the sworn statement of financial ability, or security, iademnity or bond, or amount of insurance or other provision, filed, furnished, car- ried or made by the employer, as the case may be, shall be subject to the approval of the board, upon the approval of which the board shall send to the eniployer written notice of its approval thereof: And, pro- vided, further. That demand shall not be made upon the employer by the board of tener than once in any calendar jear. Liability in (5) If no sworn statement or no security, indemnity or bond, or no ^sence of guar- jjjgujance is filed, furnished or carried, or other provision made by the employer within ten (10) days of receipt by the employer of the written demand provided for in paragraph (a), or if the statement, security, indemnity, bond or amount of insurance filed, furnished or carried, or other provision made by the employer, as provided in paragraph (a), shall not be approved by the board, and written notice of such non- approval shall be given to the employer and the employer shall not comply with one of the alternatives of paragraph (a) of this section within ten (10) days after the receipt by the employer of such written notice of nonapproval, then the employer shall be liable for compen- sation to any injured employee or his personal representative, accord- ing to the terms of this act, or for damages in the same manner as if the employer had elected not to accept this act, at the option of such em- ployee or his personal representative: Provided, Such option is exer- cised and written notice thereof is given to the employer within thirty days after the accident to such employee, otherwise the employer shall be liable only for the compensation payable according to the provisions of this act: And, provided, further. That if at any time thereafter the employer shall comply with any of the alternatives of paragraph (o), then as to all accidents occurring after the said compliance, the em- ployer shall only be liable for compensation according to the terms of this act. "Nonnal lia- (c) "Normal liability" and "normally required to be paid," when- bility." g^gj. ugg(j herein, shall be measured by the experience, if any, of the said employer during the two years preceding the demand by the board, and if there is no_ such individual basis of experience, then by the general experience in the same industry, business, occupation or enterprise in the same neighborhood during the same period. Insurance, etc. Sec. 27. (a) This act shall not affect or disturb the continuance of any existing insurance, mutual aid, benefit, or relief association or depart- ment, whether maintained in whole or in part by the employer or whether maintained by the employees, the payment of benefits of such association or department being guaranteed by the employer or by some person, firm or corporation for him: Provided; The employer con- tributes to such association or department an amount not less than the full compensation herein provided, exclusive of the cost of the mainte- nance of such association or department and without any expense to the employee. This act shall not prevent the organization and maintain- ing under the insurance laws of this State of any benefit or insurance companjr for the purpose of insuring against the compensation provided for in this act, the expense of which is maintained by the employer. This act shall not prevent the organization or maintaining under the insurance laws of this State of any voluntary mutual aid, benefit or relief association among employees for the payment of additional accident or sick benefits. (b) No existing insurance, mutual aid, benefit or relief association or department shall, by reason of anything herein contained, be author- ized to discontinue its operation without first discharging its obliga- tions to any and all persons carrying insurance in the same or entitled to relief or benefits therein, e™- (c) Any contract, oral, written or implied, of employment providing for relief benefit, or insurance or any other device whereby the em- ployee is required to pay any premium or premiums for insurance agamst the compensation provided for in this act shall be null and void, and any employer withholding from the wages of any employee any Coats ployer. APPENDIX WOEKMEN's COMPENSATION LAWS ILLINOIS. 237 amount for the purpose of paying any such premium shall be g:uilty of a misdemeanor and punishable by a fine of not less than ten dollars nor more than one thousand dollars, or imprisonment in the county jail for not more than six months, or both, in the discretion of the court. Sec. 28. Any person, who shall become entitled to compensation Subrogation of imder the provisions of this act, shall, in the event of his inability to ^^^P'oy®^^- recover such compensation from the employer on account of his insol- vency, be subrogated to all the r%hts of such employer against any in- surance company, association or insurer which may have insured such employer against loss growing out of the compensation required by the provisions of this act to be paid by such employer, and, in such event only, the said insurance company, association, or insurer shall become primarily liable to pay to the employee or his personal representative •the compensation required by the provisions of this act to be paid by such employer. , -Sec. 29. Where an injury or death for which compensation is payai)le fJ^^^^^^^-n. °' iy the employer under this act was not proximately caused by the neg- "^ v^':^ • ligence of the employer or his employees, and was caused under circum- stances creating a legal liability for damages in some person other than the employer to pay damages, such other person having also elected to be bound by this act, then the right of the employee or personal repre- sentative to recover against such other person shall be subrogated to his employer and such employer may bring legal proceedings against such other person to recover the damages sustained, m an amount not exceed- ing the aggregate amount of compensation payable under this- act, by reason of the injury or death of such employee. Where the injury or 'death for which compensation is payable under this act was not proxi- mately caused by the negligence of the employer or his employees and was caused under circumstances creating a legal liability for damages on the part of some person other than the employer to pay damages, such other person having elected not to be bound by this act, then legal pro- ceedings may be taken against such other person to recover damages notwithstanding such employer's payment of or liability to pay com- pensation under this act, but in such case if the action agamst such ofier person is brought by the injured employee or his personal repre- sentative and judgment is obtained and paid, or settlement is made with such other person, either with or without suit, then from the amount received by such employee or personal representative there shall be paid to the employer the amount of compensation paid or to be paid by him to such employee or personal representative: Provided, That if the injured employee or his personal representative shall agree to receive compensation from the employer or to institute proceedings to recover lie same or accept from the employer any payment on account of such compensation, such employer shall be subrogated to all the rights of such employee or personal representative and may maintain, or in case an action has already been instituted, may con- tinue an action either in the name of the employee or personal repre- sentative or in his own name against such other person for a recovery of damages to which but for this section the said employee or personal representative would be entitled, but such employer diall never- theless pay over to the injured employee or personal representative all sums collected from such other person by judgment or otherwise in excess of the amount of such compensation paid or to be paid under this act and all costs, attorneys' fees and reasonable expenses incurred by such employer in making such collection and enforcing such lia- Sec. 30. It shall be the duty of every employer within the provisions ^g^^gl"*^ *" *'° of this act to send to the industrial board in writing an immediate ^^^ report of all accidental injuries arising out of or in the course of the employment and resulting in death; it shall also be the duty of every such employer to report between the 15th and the 25th of each month to the industrial board all accidental injuries for which compensation has been paid under this act, which injuries entail a loss to the em- ployee of more than one week's time, and in case the injury results in permanent disability, a further report shall be made as soon as it is determined that such permanent disability has resulted or will result from such injury. All reports shall state the date of the injury, includ- 238 APPENDIX WOEKMEHr's COMPENSATION LAWS ^ILLINOIS. ing the time of day or night, the nature of the employer's business, the name, address, the age, sex, conjugal condition of the injured person, the specific occupation of the injured person, the direct cause of the injury and the nature of the accident, the character of the injury, the length of disability, and, iu case of death, the length of disability before death, the wages of the injured person, whether compensation has been paid to the injured person, or to his legal representative or his heirs or next of kin, the amount of compensation paid, the amount paid for physicians', surgeons' and hospital bills, ajid by whom paid, and the amount paid for funeral or burial expenses, if known. , The making of reports as provided herein shall release the employer covered by the provisions of this act from making such reports to any other officer of the State. Cantraotors. Sbc. 31. Any person, firm or corporation, who undertakes to do or contracts with others to do, or have done for him, them or it, any work enumerated as extrahazardous in paragraph (b) in section 3, requiring employment of employees in, on or about the premises where he, they or it as principal or principals, contract to do such work or any part thereof, and does not require of the person, firm or corporation under- taking to do such work for said principal or principals, that such person, firm or corporation undertaking to do such work shall insure his, their or its liability to pay the compensation provided in this act to his, their or its employees and any such person, firm or corporation who creates Fraud. or carries into operation any fraudulent scheme, artifice or device to enable him, them or it to execute such work without such person, firm or corporation being responsible to the employee, his personal repre- sentative or beneficiary entitled to such compensation under the pro- visions of this act, such person, firm or corporation shall be included in the term "employer" and with the immediate employer shall be jointly and severally liable to pay the compensation herein provided for and be subject to all the provisions of this act. Ejosting rights Sjjc. 32. No ri^ht of action for damages, at common law or under any of action. other statute, existing at the time of the taking effect of this act, shall be affected by this act. If act unco^- If the provisions of this act relating to compensation for injuries to or stitutionai, wnat. ^j^^^j^ ^j employees shall be repealed or adjudged invalid or unconstitu- tional, the period intervening between the occurrence of an injury or death and such repeal or final adjudication of invalidity, shall not be computed as a part of the time limited by law for the commencement of any action relating to such injury or death, but the amount of any compensation which may have been paid for any such injury shall be deducted from any judgment for damages recovered on account of such injury. Any claim, disagreement or controversy existing or arising under ' ' an act to promote the general welfare of the people of this State, by providing compensation for accidental injuries or death suffered in thecourseof employment," approved June 10, 1911, inforceMay 1, 1912, shall be adjusted in accordance with the provisions of said act, notwith- standing the repeal thereof, or may by agreement of the parties, be ad- justed in accordance with the method of procedure provided in this act for the adjustment of differenceSj jurisdiction to adjust such differences so_ submitted by the parties being hereby conferred upon the indus- trial board or committee of arbitration provided for in this act. Violations. Sec. 33. Any willful neglect, refusal, or failxire to do the things re- quired to be done by any section, clause, or provision of this act, on the part of the persons herein required to do them, or any violation of any of the provisions or requirements hereof, or any attempt to obstruct or interfere with any court officer, or any other person charged with the duty of administering or enforcing the provisions of this act, shall be deemed a misdemeanor, punishable by a fine of not less than $10 nor more than |500 at the discretion of the court. Invalidity of Sec. 34. The invalidity of any portion of -this act shall in no way part of act. affect the validity of any other portion thereof which can be given effect without such invalid part. Pepealer. Sec. 35. That an act to promote the general welfare of the State of Illinois by providing compensation for accidental injuries or death suffered in the course of employment, approved June 10, 1911 in force May 1, 1912, be, and the same his ereby repealed. Approved June 28, 1913. APPENDIX — WOEKMEN's COMPENSATION LAWS — ^lOWA. 239 IOWA. ACTS OF 1913. Chapter 147. — Compensation of workmen/or injuries. Section 1. (a) Except as by this act otherwise provided, it shall Eiectipn of be conclusively presumed that every employer as defined by this act p°eiSmed° ^ ™ has elected to provide, secure and pay compensation according to the terms, conditions, and provisions of this act for any and all personal injuries sustained by an employee arising out of and in the course of the employment; and in such cases the employer shall be relieved from other liability for recovery of damages or other compensation for such Effect. personal injury, unless by the terms of this act otherwise provided; but this act shall not apply to any household or domestic servant, farm or other laborer engaged in agricultural pursuits, nor persons whose employment is of a casual nature. (b) Where the State, county, municipal corporation, school district, Compulsory as cities under special charter and commission form of government is the muiucirau les. employer, the terms, conditions and provisions of this act for the pay- ment of compensation and amount thereof for such injury sustained by an employee of such employer shall be exclusive, compulsory and obligatory upon both employer and employee. (c) An employer having the right under the provisions of this act Defenses abro- to elect to reject the terms, conditions and provisions thereof and in ^ ' ^ ™' such case exercises the right in the manner and form by this act pro- vided, such employer shall not escape liability for personal injury sustained by an employee of such employer when the injury sustained arises out of and in the usual course of the employment because — (1) The employee assumed the risks inherent in or incidental to or arising out of his or her employment ; or the risks arising from the failure of the employer to provide and maintain a reasonably safe place to work, or the risks arising from the failure of the employer to furnish reasonably safe tools or appliances, or because the employer exercised reasonable care in selecting reasonably competent employees in the business. (2) That the injury was caused by the negligence of the coemployee. (3) That the employee was negligent unless and except it shall appear that such negligence was willful and with intent to cause the injury; or the result of intoxication on the part of Jon] the injured party. (4) In actions by an employee against an employer for personal Suits, injury sustained arising out of and in the course of the employment where the employer has elected to reject the provisions of this act, it shall be presumed that the injury to the employee was the direct result and growing out of 'the negligence of the employer; and that such negli- gence was the proximate cause of the injury; and in such cases the bur- den of proof shall rest upon the employer to rebut the presumption of negligence. Every such employer shall be conclusively presumed to ha,ve elected E lee 1 1 o n to to provide, secure and pay compensation to employees for injuries sus- "J®"* ^^• tained arising out of and in the course of the employment according to the provisions of this act, unless and until notice in writing of an election to the contrary shall have been given to the employees by posting the same in some conspicuous place at the place where the business is car- ried on, and also by filing notice with the Iowa industrial commissioner with return thereon by affidavit showing the date that notice was posted asby this act provided: Provided, however, That any employer begin- ning business after the taking effect of this act and giving notice at once of his desire not to come under the provisions of this act, shall not be considered as under the act: Provided, however, That such employer shall not be relieved of the payment of compensation as by this act pro- vided until thirty days after the filing of such notice with the Iowa industrial commissioner, which notice shall be substantially in the following form: employers' notice to reject. To the employees of the undersigned, and the Iowa Industrial Commissioner: You and each of you are hereby notified that the undersigned rejects Form of notice, the terms, conditions and provisions to provide, secure and pay com- 240 APPENDIX workmen's COMPENSATION LAWS ^lOWA. pensation to employees of the undersigned for injuries received as pro- vided in the acts of the ( '■ — ) general assembly known as chapter ( ) and elects to pay damages for personal injuries received by such employee under the common law and statutes of this State modified by subdivisions one, two, three and four of section one, chapter ( ) of the acts of the ( ) general assembly and acts amendatory thereto. Signed State of Iowa, County, sa. The undersigned being first duly sworn deposes and says that a true, correct and verbatim copy of the foregoing notice Was on the day of , 19 — — , posted at . (State fully place where posted.) Subscribed and sworn to before me by this day of , 19 . Notary Public. Notice to be The employer shall keep such notice posted in some conspicuous posted. place which shall apply to the employees subsequently employed by the employer with the same force and effect and to the same extent and in like manner as employees in the employ at the time the notice was given. Implied agree- Wiere the employer and employee have not given notice of an elec- ^«°-^- tion to reject the terms of this act, every contract of hire express or imiplied, shall be construed as an implied agreement between them and a part of the contract on the part of the employer to provide, secure and pay, and on the part of the employee to accept compensa- tion in the manner as by this act provided for all personal injuries sus- tained arising out of and iu the course of the employment. No compensa- Sec. 2. No compensation under this act shall be allowed for an in- t.on,when. jury caused: (a) By the employee's willful intention to injure himself or to will- fully injure another; nor shall compensation be paid to an injured em- ployee if injury is sustained where intoxication of the employee was the proximate cause of the injury. Bemedies ex- Sec. 3. (a) The rights and remedies provided in this act for an em- clusive. ployee on account of an injury shall be exclusive of all other rights and remedies of such employee, his personal or legal representatives, dependents or next of kin, at common law or otherwise on account of such injury; and all employees affected by this act shall be conclu- sively presumed to have elected to take compensation, in accordance with the terms, conditions and provisions of this act untU notice in writing shall have been served upon his employer; and also on the Iowa industrial commissioner, with return thereon by affidavit showing the the date upon which notice was served upon the employer. Eejeotfon of act (b) In the event such employee elects to reject the terms, conditions by employee. ^^^ provisions of this act, the rights and remedies thereof shall not apply where an employee brings an action or takes proceedings to recover damages or compensation for injuries received growing out of and in the course of his employment, except as otherwise provided by this act; and in such actions where the employee has rejected the terms of this act the emj>loyer shall have the right to plead and rely upon any and all defenses including those at common law, and the rtiles and defenses of contributory negligence, assumption of risk and fellow ser- vant shaU apply and be available to the employer as by statute author- ized unless otherwise provided in this act: Provided, however, That it an emj>loyee sustains an injury as the result of the employer's failure to furnish or failure to exercise reasonable care to keep or maintain any safety device req\iired by statute, or rule, or violation of any of the statutory provisions or rules and regulations now or hereafter in force relating to safety of employees, the doctrine of assumed risk in such case growing out of the negligence of the employer shall not apply or be available as defensive matter to such offending party. The notice required to be given by an employee shall be substantially in th© fol- lowing form: APPENDIX workmen's COMPENSATION LAWS ^lOWA. 241 employee's notice to reject. To and the Iowa Industrial Commiasioner: (Name of employer) You and each of you are hereby notified that the undersigned hereby ^oi™ °* notice- elects to reject the terms, conditions and pro\dsion8 of an act for the payment of compensation as provided by the acts of the (' ) gen- eral assembly and acts amendatory thereto, and elects to rely upon the common law as modified by section three of the acts of the ( ) general assembly for the right to recover for personal injury which I may receive, if any, growing out of and arising from the employment while in Hue of duty for my employer above named. Dated this day of • — , 19- State of Iowa, L„. County./^- The undersigned beiag first duly sworn deposes and says that the written notice was on the day of ■ — , 19 , served on the within named employer of the undersigned by delivering to (Name ol a true, correct, and verbatim copy thereof. served.) Subscribed and sworn (or affirmed) to before me by the said ■ this day of , 19 . Notary Public. In any case where an employee or one who is an applicant for em- formation re- ployment elects to reject the terms, conditions, and provisions of this l""^*- act, he shall, in addition to the notice required by subdivision (b) of section 3 of this act, state in an affidavit to be filed with said notice who, if any person, requested, suggested, or demands of such person to exercise the right to reject the provisions of this act. And if re- quest, suggestion, or demand has been made of such employee by any person, such employee shall give and state the name of the person who made the request, suggestion, or demand, and all of the circum- stances relating thereto, the date and place when and where made, and persons present, and if it be found that the employer of such employee, or an employer to whom an applicant for employment, or any person a member of the firm, association, corporation, or agent or official of such employer, made a request, suggestion, or demand of such employee or applicant for employment to reject the terms, conditions and provi- sions of this act, such request, suggestion, or demand if made under such conditions, shall be conclusively presumed to have been sufficient to have unduly influenced such employee or an applicant for employ- ment to exercise the right to reject the terms of this act, and the rejec- tion made under such circumstances shall be conclusively presumed to have been procured through fraud and thereby fraudulently procured, and such rejection shall be nul and void and of no effect. No person interested in the business of such employer, financially Administration or otherwise, shall be permitted to administer the oath to the affidavit °^*^ required in case as [anj employee or applicant for employment elects to exercise the right to reject the provisions of this act. And the person administering such oath in making such affidavit, shall carefully read the notice and affidavit to such person making such rejection, and shall explain that the purpose of the notice is to bar such person from recov- ering compensation in accordance with the schedule and terms of this act in the event that he sustains an injury in the course of such employ- ment. All of which shall be shown by certificate of the person admiQ- istering the oath herein contemplated. The Iowa industrial com- missioner, or any person acting for such commissioner, shall refuse to file the notice and affidavit, unless such notice, affidavit and certificate fully, and in detail, comply with the requirements hereof. And if such rejection, affidavit and certificate is found insufficient for any cause, shall be retiu-ned by mail or otherwise to the person who exe- cuted the instrument. 22566°— S. Doc. 336, 63-2 16 242 APPENDIX WOEKMEn's compensation laws ^lOWA. Rejection in force. Waiver. Rejection by both parties. Rejection after election. Injuries caused by third parties. Waivers for- bidden. Notice. Form, Sec. 4. (a) When the employer or employee has given notice in compliance with this act electing to reject the terms thereof such elec- tion shall continue and be in force until such employer or employee shall thereafter elect to come under the provisions of this act as is pro- vided in subdivision (b) of this section. (b) When an employer or employee rejects the terms, conditionffor pro- visions of this act, such party may at any time thereafter elect to waive the same by giving notice in writing in the same manner req[uired of the party in electing to reject the provisions of the act and which shall become effective when filed with the Iowa industrial commissioner. Sec. 5. Where the employer and employee elect to reject the terms, conditions and provisions of this act, the habilitjr of the employer shall be the same as though the employee had not rejected the terms, con- ditions and provisions thereof. Sec. 6. An employer having come under this act, who thereafter elects to reject the terms, conditions and provisions thereof, shall not be relieved from the payment of compensation to such employee who sustains an iujury in me course of the employment before the election to reject becomes effective; and in such cases the employer shall be required to secure the payment of any compensation due or that may become due to such workman, subject to the approval of the Iowa in- dustrial commissioner. Sec. 7. Where an employee coming under the provisions of this act receives an injury for which compensation is payable under this act and which injury was caused under circumstances creating a legal liability in some person other than the employer, to pay damages in respect thereof. (a) The employee or beneficiary may take proceedings both against that person to recover damages and against the employer for compen- sation, but the amount of the compensation to which he is entitled under this act shall be reduced by the amount of damages recovered. (b) If the employee or beneficiary in such case recovers compensa- tion under this act, the employer by whom the compensation was paid or the party who has been called upon to pay the compensation, shall be entitled to indemnity from the person so liable to pay damages as aforesaid, and shall be subrogated to the rights of the employee to recover therefor. Sec. 8. No contract, rule, regulation or device whatsoever shall operate to relieve the employer, in whole or in part, from any UabiUty created by this act except as herein provided. Sec. 9. Unless the employer or representative of such employer shall have actual knowledge of the occurrence of an injury, or unless the employee or some one on his behalf, or some of the dependents or some one on their behalf, shall give notice thereof to the employer within fifteen days of the occurrence of the injury, then no compensation shall be paid until and from the date such notice is given or knowledge obtained ; but if notice is given or the knowledge obtained within thirty days from the occurrence of the injury, no want, failure or inaccuracy of a notice shall be a bar to obtaining compensation, unless the employer shall show that he was prejudiced by such want, defect or inaccuracy, and then only to the extent of such prejudice: Provided, That if the employee or beneficiary shall show that his failure to give prior notice was due to mistake, inadvertence, ignorance of fact or law, or inability, or to the fraud, misrepresentation or deceit of another or to any other reasonable cause or excuse, then compensation may be allowed, unless and then to the extent only that the employer shall show that he was prejudiced by failure to receive such notice: Provided, /urther,VnleBa knowledge is obtained or notice given within ninety days after the occurrence of the injury, no compensation shall be allowed. No form of notice shall be required but may substantially conform to the follow- ing form: FORM OF notice. To You are hereby notified that on or about the day of •, 19 , peisonal injury was sustained by while in your employ at (Give name of place employed and point where located when injury occurred and that compensation wfll be claimed therefor.) Signed • APPENDIX — workmen's COMPENSATION LAWS — ^lOWA. 243 but no variation from this form of notice shall be material if the notice is sufficient to advise the employer that a certain employee, byname, received an injury in the course of his em.plo3fment on or about a speci- fied time at or near a certain place. Notice served upon one on whom an original notice may be served in civil cases shall be a com- pliance with this act. The notice required to be given to the employer may be served by any person over sixteen years of age, who shall make return upon a copy of the notice, properly sworn to, showing the date of service where and upon whom served, but no special form of the return of service of the notice shall be required. It shall be sufficient if the facts there- from can be reasonably ascertained. The return of service may be amended at any time. Sec. 10. If any employee has not given notice to reject the terms. Compensation conditions and provisions of this act, or has given such notice and P^y*"''*' '^I'eii. waived the same as by this act provided, and the employer has not rejected the terms, conditions and provisions of the act or has given Buch notice and waived the same a,nd the employee receives a personal injury arising out of and in the course of the employment, compensa- tion shall be paid as herein provided. (a) The compensation provided for in this act shall be paid in accord- Amount, ance with the schedule unless otherwise provided. (b) At any time after an injury and until the expiration of two weeks Medical, etc., of incapacity, the employer, if so requested by the workman, or any expenses. one for him, or if so ordered by the court or Iowa industrial commis- sioner, shall furnish reasonable surgical, medical and hospital services and supplies, not exceeding one hundred (1100.00) dollars. (c) Where the injury causes death the compensation under this act Funeral, etc., shall be as follows: ' expenses. The employer shall in addition to any other compensation pay the reasonable expense of the employee's last sickness and burial not to exceed one hundred (1100.00) dollars. If the employee leaves no dependents this shall be the only_ compensation. (d) If death results from the injury, the employer shall pay the Death benefits, dependents of the employee wholly dependent upon his earnings for support at the time of the injury, a weekly payment equal to fifty (50%) per cent of his average weekly wages, out not more than ten (110.00) dollars nor less than five ($5.00) dollars per week for a period of three hundred (300) weeks. (e) If the employee leaves dependents only partially dependent upon his .earnings for support at the time of the injury, the weekly compensation to be paid as aforesaid shall be equal to the same pro- portion of the weekly payments for the benefit of persons wholly dependent as the amount contributed by the employee to such partial dependents bear to the annual earnings of the deceased at the time of the injury. When weekly payments have been made to an injured employee before his death, the compensation to dependents shall begin from the date of the last of such payments, but shall not continue more than three hundred (300) weeks from the date of the injury. (f) Where injury_ causes death to an employee, a minor, whose Minora, earnings were received by the parent, the compensation to be paid the parent shall be two-thirds (2-3) of the amount provided for pay- ment in subdivision "D " section "10." (g) No compensation shall be paid for an injury which does not Waiting time, incapacitate the employee for a period of at least two weeks from earn- ing hill wages; but if incapacity extends beyond a period_ of two weeks, compensation shall begin on the fifteenth day after the injury. (h) For injury producing temporary disability, fifty (50%) per cent Temporary dis- of the average weekly wages received at the time of injury, subject to a ^""''y- maximum compensation of ten ($10.00) dollars and a minimum of five ($5.00) dollars per week: Provided, That if at the time of injury the employee receives wages less than five ($5.00) dollars per week, then he shall receive the full amount of wages per week. This compensa- tion shall be paid during the period of such disability, not, however, beyond three nimdred (300) weeks. (i) For disability total in character and permanent in quality fiftv ??J.™^.St*"* (50%) per cent of the average weekly wages received at the time of the total (i^biuty. injury, subject to a maximum compensation of ten ($10.00) dollars 244 APPENDIX workmen's compensation laws ^lOWA. per week, and a minimum of five ($5.00) dollars per week: Provided, That if at the time of injury, the employee receives wages less than five ($5.00) dollars per week, then he shall receive the full amount of wages per week. This compensation shall be paid during the period of such disability, not however, beyond four hundred (400) weeks. Partial dis- (j) For disability partial in character and permament in quality abihty. ^.j^g compensation shall be based upon the extent of such disability. For all cases included in the following schedule compensation shall be paid as follows, to- wit: (1) For the loss of a thumb fifty per cent (50%) of daily wages dur- ing forty weeks. (2) For the loss of a first finger, commonly called the index finger, fifty per cent (50%) of daily wages during thirty (30) weeks. (3) For the loss of a second finger, fifty per cent (50%) of daily wages during twenty-five (25) weeks. (4) For the loss of a third finger, fifty per cent (50%) of daily wages during twenty (20) weeks. (5) For the loss of a fourth finger, commonly called the little finger, fifty per cent (50%) of daily wages for fifteen (15) weeks. (6) For the loss of the first phalange of- the thumb or of any finger shall be considered to be equal to the loss of one-half of such thumb or finger and compensation shall be one-half of the amounts above speci- fied. (7) The loss of more than one phalange shall be considered as the loss of the entire finger or thumb : Provided, however, That in no case shall the amount received for more than one finger exceed the amoimt • provided in this schedule for the loss of a hand. (8) For the loss of a great toe, fifty per cent (50%) of daily wages duringtwenty-five (25) weeks. (9) TFor the loss of one of the toes other than the great toe,' fifty (50%) per cent of daily wages during fifteen (15) weeks. (10) For the loss of the first phalange of any toe, shall be considered to be equal to the loss of one-half of such toe and the compensation shall be one-half of the amount above specified. (11) The loss of more than one phalange shall be considered as the loss of the entire toe. (12) For the loss of a hand fifty per cent (50%) of daily wages dur- ing one hundred fifty (150) weeks. (13) For the loss of an arm fifty per cent (50%) of daily wages dur- ing two hundred (200) weeks. (14) For the loss of a foot fifty per cent (50%) of daily wages dur- ing one hundred twenty-five (125) weeks. (15) For the loss of a leg, fifty per 'cent (50%) of daily wages during one hundred seventy-five (175) weeks. (16) For the loss -of any [an] eye, fifty per cent (50%) of daily wages during one hundred (100) weeks. (17) For the loss of both arms, or both hands, or both feet, or both legs, or both eyes, or of any two thereof, shall constitute total and per- manent disability to be compensated according to provisions of clause "I" section ten, part one hereof. (18) In all other cases in. this, clause "J", the compensation shall bear such relation to the amount stated in the above schedule as the disability bears to those produced by the injuries named in the sched- ule. Should the employee and employer be unable to agree upon the amount of compensation to be paid in cases not specifically covered by the schedule, the amount of compensation shall be settled according to provisions of this act as in other cases of disagreement. (19) The amounts specified in this, clause "J" and subdivisions thereof shall be subject to the same limitations as to maximum and minimum weekly payments as are stated in clause "H" section ten hereof. fician''' °^ ''^"^ ^^°' ^^' y^^'^^ ^^ employee is entitled to compensation under this ^' act tor an injury received and death ensues from any cause not result- ing from the injury for which he was entitled to the compensation, ' payments of the unpaid balance for such injury shall cease and all liability therefor shall terminate. APPENDIX — workmen's COMPENSATION LAWS — ^10 WA. 245 Sec. 12. After an injury the employee, if so requested by his em- . Medical exam- ployer, shall submit himself for examination at some reasonable time ™^*'<"^- and place within the State and as often as may be reasonably requested, to a physician or physicians authorized to practice under the laws of this State without cost to the employee; but if the employee requests he shall, at his own cost, be entitled to have a physician or physicians of his own selection present to participate in such examination. The refusal of the employee to submit to such examination shall deprive him of the right to compensation during the continuance of such re- fusal. When a right to compensation is thus suspended no compensa- tion shall be payable in respect to the period of suspension. Sec. 13. The compensation herein provided shall be the measure Burden on em- of the responsibility which the employer has assumed for injuries or P'"?^''- death that may occur to employees in his employment subject to the provisions of this act, and it shall not be in any wise reduced by con- tribution from employees. Sec. 14. Where a minor dependent or one physically or mentally Payments to incapacitated from earning is entitled to compensation under this act, t™5*™^> when, payment shall be made to a trustee appointed by the judge of the dis- trict court for each county in the respective judicial districts, and the money coming into the hands of the said trustee shall be expended for the use and benefit of the person entitled thereto under the direc- tion and orders of the judge during term time or in vacation. The trustee shall make annual reports to the court of all money or property received and expended for each person, and for services rendered as trustee shall be j)aid such compensation by the county as the court may direct by written order directed to the auditor of the county who shall issue a warrant therefor upon the treasurer of the county in which the appointment is made. If the judge making the appointment deems it advisable, a trustee may be appointed to serve for more than one county in the district and the expenses shall be paid ratably by each county according to the amount of work performed in each county. The trustee shall qualify and give bond in such amount as the judge may direct, which may be increased or diminished from time to time as the court may deem best. Sec. 15. In any case where the period of compensation can be deter- Lump-sum pay- mined definitely either party may, upon due notice to the other, apply ™™*^- to any judge of the district court for the county in which the accident occurred for an order commuting future payments to a lump sum. And such judge may make such an order when it shall be shown to his satisfaction that the payment of a lump sum in lieu of future monthly or weekly payments, as the case may be, will be for the best interest of the person or persons receiving or dependent upon said compensa- tion, or that the continuance of periodical payments will as compared with lump sum payments entail undue expense or undue hardship upon the employer liable therefor. Where the commutation is ordered, the court shall fix the lump sum to be paid at an amount which will equal the total sum of the probable future payments capitalized at their present value and upon the basis of interest, calculated at 5 per cent per annum. Upon the payment of such amount the employer shall be discharged from all further liability on account of such injury or death, for which said compensation was being paid, and be entitled to a duly executed release, upon filing which the liability of such employer under any agreement, award, finding or judgnient shall be discharged of record. Sec. 16. The basis for computing compensation provided for in this Computation act shall be as follows: "' payments. (a]) The compensation shall be computed on the basis of the annual earnings which the injured person received as salary, wages or earn- ings in the employment of the same employer during the year next preceding the injury. (b) EmplojTnent by the same employer shall be taken to mean em- ployment oy the same employer in the grade in which the employee was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause. (c) The annual earnings, if not otherwise determinable, shall be regarded as three hundred (300) times the average daily earnings in such computation. 246 APPENDIX — WORKMEN ^S COMPENSATION LAWS — ^lOWA. (d) If the injured person has not been engaged in the employment for a full year immediately preceding the accident, the compensation shall be computed according to the annual earnings which persons of the same glass in the same or in neighboring employments of the same kind have earned during such period. And if this basis of computa- tion is impossible, or should appear to be unreasonable, three hundred (300) times the amount which the injured person earned on an average of those days when he was woridng during the year next preceding the accident, shall be used as a basis for the computation. (e) In case of injured employees who earn either no wages or less than three hundred (300) tmies the usual daily wage or earnings of the adult day laborer in the same line of industry of that locality the yearly wage shall be reckoned as three hundred (300) times the average daily local wages of the average wage earner in that particular kind or class of work; or if information of that class is not obtainable, then of the class or kindred or similarity in the same general employment in the same neighborhood. (f) As to employees in employments in which it is the custom to operate for a part of the whole number of working days in each year, such number shall be used instead of three hundred (300) as a basis for computing the annual earnings, provided, the minimum number of days which shall be used for the basis of the year's work shall not be less than two hundred (200.). (g) Earnings, for the purpose of this section, shall be based on the earnings for ttie number of nours commonly regarded as a day's work for that employment, and shall exclude overtime earnings. The earnings shall not include any sum which the employer has been accustomed to pay the employee to cover any special expense entailed on him by the nature of his employment. (h) In computing the compensation to be paid to any employee who, before the accident for which he claims compensation, was disabled and drawing compensation under the terms of this act, the compensation for each subsequent injury shall be apportioned accord- ing to the proportion of incapacity and dasability caused by the respec- tive injuries which he may have suffered. Deflnitions. Sec. 17. In this act unless the context otherwise requires: (a) "Employer" includes and applies^ to any person, firm, associa- tion or corporation, and includes State, coimties, municipal corpora- tions, cities under special charter and under commission form of government and shall include school districts and the legal represerita- tatives of a deceased employer. AVhenever necessary to give effect to section seven of this act, it includes a principal or intermediate contractor. (b) "Workman" is used synonymous with "employee" and means any person who has entered into the employment of, or works under contract of service, express or implied, or apprenticeship for an em- ployer, except a person whose employment is purely casual and not for the purpose of the employer's trade or busmess or those engaged in clerical work only, but clerical work shall not include one who may be subjected to the hazards of the business or one holding an official position or standing in a representative capacity of the employer, or an official elected or appointed by the State, county, school district, municipal corporation, cities under special charter and commission fonn of government: Provided, That one who sustains the relation of contractor with any person, firm, association, corporation or the State, county, school district, municipal corporation, cities under fecial charter or commission form of government, shall not be considered an employee thereof. The term "workman" shall include the singular and plural of both sexes. Any reference to a workman who has been mjured shall, where the workman is dead, include a reference to his dependents as herein defined, legal representatives or where the workman is a minor or incompetent to his guardian or next friend. Dependency (g) The following shall be conclusively presumed to be wholly P'«™™«'^'^''^°- dependent upon a deceased employee: (l) The surviving spouse, unless it be shown that the survivor willfully deserted deceased without fault upon the part of the de- ceased, and if it be shown that the survivor deserted deceased without APPENDIX — WORKMEN- 'S COMPBNSATIOIS- LAWS — ^lOWA. 247 fault upon the part of deceased, the survivor shall not be regarded as a dependent m any degree. No surviving spouse shall be entitled to the benefits of this act unless she shall have been married to the deceased at the time of the injury. (2) A child or children under sixteen years of age (and over said age if physically or mentally incapacitated from earning) whether actually dependent for support or not upon the parent at the time of hifl or her death. (3) -A parent of a minor entitled to the earnings of the employee at the time when the injury occurred, subject to provisions of subdivi- sion "F" section ten hereof. (4) If the deceased employee leaves dependent surviving spouse, the full compensation shall be paid to such spouse ; but if the dependent surviving Efpouse dies before payment is made in full, theljalance remaining shall be paid to the person or persons wholly dependent, if any, share and share alike. If there be no person or persons wholly dependent, then payment shall be made to partial dependents. (5) In all other cases questions of dependency in whole or in part other depend- shall be determined in accordance with the fact as the fact may be ®''*^' at the time of the injury; and in such other cases if there is more than one person wholly dependent, the death benefit shall be equally dividfed among them, and persons partially dependent, if any, shall receive no part thereof. If there is no one wholly dependent and more than one person partially dependent, the death Denefit shall be divided among them according to the relative extent of their depen- dency: Provided^ however, That when a lump sum is paid as con- templated by thos act, the coiurt or commissioner, in making distribu- tion thereof, shall take into consideration the contingent rights of partial beneficiaries or the rights of those who may become such after a wholly dependent child or children becomes sixteen years of age. (6> Step-parents shall be -regarded in this act as parents. (7) Adopted child or children or stepchild or children shall be re- garded in this act the same as if issue of the body. (d) "Injury" or "personal injury" includes death resulting from Injui^. injury. (e) The words "personal injurjr arising out of and in the course of such employment" shall include injuries to employees whose services are'being performed on, in or about the premises which are occupied, used or controlled by the employer, and also injuries to those who are engaged elsewhere in places where their employer's business requires their presence and subjects them to dangers incident to the business. (f) The words "injury and personal injury" shall not include injury caused by the willful act of a third person directed against an employee for reasons personal to such employee or because of "his employment. (g) They shall not include a disease except as it shall result from the mjury. (h) "Industrial employment" includes only employment in occu- pation, callings, Ijusinesses or pursuits which are carried on by the employer for the sake of pecuniary gain. (i) The word "court" whenever used in this act unless the context shows otherwise, shall be taken to mean the district court. Sec. 18. (a) Any contract of employment, relief benefit or insmrance Contracts witli or other device whereby the employee is required to pay any premium employees to pay or premiums for insurance against the compensation provided for in Premiums, this act shall be null and void; and any employer withholding from the wages of any employee any amount for the purpose of paying any such premium shall be guilty of a misdemeanor and punishable by a fine not less than ten ($10.00) dollars nor more than fifty ($50.00) domrs for each offense in the discretion of the court. No employee or beneficiary shall have power to waive any of the provisions of this act in regard to the amount of compensation which may be payable to such employee or beneficiary hereunder to whom the act applies. Sec. 19. Any contract or agreement made by any employer or his Agreements agent or attorney with any employee or any other beneficiaiy of any witlun 12 days. claim under the provisions of this act within twelve (12) days after the injury shall be presumed to be fraudulent. 248 APPENDIX WOKKMEn's compensation laws ^lOWA. standards of Sec. 20. The Iowa industrial commission cooperating with the ^''*y- employers affected by this act, or any committee or committees ap- Eointed by such employers or the Iowa industrial commissioner, shall X standards of safety for safety appliances or places of employment, except mines under tie jurisdiction of the mine inspectors. Attorneys' fees. Sec. 21. No claim of an attorney at law for services in securing a recovery under this act shall be an enforcible lien thereon unless the amount of the same be approved in writing by a judge of a court of record or the Iowa industrial commissioner, which approval may be made in term time or vacation. Commerce. Sec. 22. The provisions of this act shall apply to employers and employees as denned in this act engaged in intrastate commerce and also those engaged in interstate or foreign commerce for whom a rule or method of compensation has been or may be established by the con- gress of the United States, only to the extent that their mutual con- nection with intrastate work or foreign commerce shall be clearly separable and distinguishable from interstate or foreign commerce: Provided, That any such employer and workman of such employer working only in this State may, subject to the approval of the Iowa industrial commissioner, and so far as not forbidden by any act of congress or permitted, voluntarily by written agreement, accept and become bound by the provisions of this act in like manner and with the same force and effect in every respect as by this act provided for other employers and employees. Industrial com- missioner. Salary, penses, etc. Political activ- ity. Part II. Sec. 23. There is hereby created the office of Iowa industrial com- missioner, to be appointed by the governor, by and with the consent of the senate. The term of office of the commissioner shall be six years. An appointment may be made to fill a vacancy or otherwise when the senate is not in session, but shall be acted upon at the next session thereof. Sec. 24. The salary and actual necessary expenses of the commis- sioner shall be paid by the State, and he shall be provided with ade- quate and necessary office rooms, furniture, equipment, supplies and other necessaries in the transaction of the business. The salary of the commissioner shall be three thousand dollars ($3,000.00) per annum. The commissioner, by and with the consent of the executive council may fix the salary and appoint a secretary and other assistants and clerical help as may be required and needed: Provided, That the sal- ary of the secretary shall not exceed fifteen hundred dollars ($1,500.00) per annum. The salary and actual personal expense account of the commissioner shall be itemized and sworn to, and filed as other current bills as provided by statute, and warrant therefor shall be issued by the auditor upon the treasurer of the State for the payment thereof at the end of each calendar month: Provided, however, That the expense account may be audited, allowed and paid at the end of each week. The commissioner shall provide himself with a seal, which shall be used to authenticate his orders, decisions and other proceedings deemed nec- essary, upon which shall be inscribed the words ' ' Iowa Industrial Com- missioner's Seal" and the date of organization. All other accounts made by, through or under the commissioner for salaries expenditures, unless otherwise by this act provided, shall be itemized and sworn to by the parties entitled thereto, audited by the commissioner, attested by the secretary, filed as other bills are required by statute, and a war- rant shall issue therefor by the auditor of state upon the treasurer, who shall pay the same out of the funds appropriated for the use of the com- missioner as by this act provided. The salaries of all persons under the commissioner shall be audited, allowed and paid at the end of each month, and expense accounts may be audited, allowed and paid at the end of each week. The commissioner shall have the power to remove the secretary or any other person appointed to an office by him at any time the commissioner may see fit. It shall be unlawful for any appointee by the commissioner to esr pouse the election or appointment of any candidate for or to any politi- cal office, or contribute to the campaign fund of any political party, or to the campaign fund of any person who is a candidate for election or APPENDIX WOEKMEn's COMPENSATION LAWS — ^lOWA. 249 appointment to any political office, and any person performing the du- ties as an appointee under the commissioner violatiag the provisions of this act shall be sufficient cause for dismissal and removal from office. Before entering upon his duties the commissioner shall qualify by Oath, taking the oath of his office, that he will support the constitution of the pnited States and of the State of Iowa, and will faithfully and im- partially, without fraud fear or favor, discharge the duties of his office incumbent upon him, as provided by the law of the State of Iowa, to the best of his ability and understanding. There is hereby appropriated out of any money not otherwise appro- Appropriation, priated for the use of the commissioner, as contemplated within the terms of this act or acts amendatory thereof, or other statutes relating to the commissioner, his duties and responsibilities empowered by law, the sum of twenty thousand dollars ($20,000.00) annually, and in addi- tion thereto the executive council shall provide and furnish the com- missioner with such printing as may be necessary in the transaction of the business within tne contemplation of law. Sec. 25. The commissioner may make rules and regulations not in- Rules and regu- consistent with this act for carrying out the provisions of the act. Proc- i*"""^- ess and procedure under this act shall be as summary as reasonably may be. The commissioner shall have the power to subpoena witnesses, ad- minister oaths and to examine such books and records of the parties to a proceeding or investigation as relate to questions in dispute or under investigation. The fees for attending as a witness before the industrial commissioner shall be $1 . 50 per diem.; for attending before an arbitration committee |1.00 per diem; in both cases five cents per mile for traveling to and from the place of hearing. The district court is hereby empow- ered to enforce by proper proceedings the provisions of this section relat- ing to the attendance and testimony of witnesses and the examination of books and records. The commissioner shall make biennial reports to the governor who shall transmit the same to the general assembly, in which among other things, the commissioner shall recommend such changes in the law covered by this act as it may deem necessary. Sec. 26. If the employer and the employee reach an agreement in Memoranda of regard to the compensation under this act, a memorandum thereof shall ^sreementa. be filed with the Iowa industrial commissioner by the employer or em- ployee, and unless the commissioner shall, within twenty days, notify the employer and employee of his disapproval of the agreement by reg- istered letter sent to their addresses as given on the memorandum filed, the agreement shall stand as approved and be enforceable [enforcible] for all purposes under the provisions of this act. Such agreement shall be approved by said commissioner only when the terms conform to the provisions of this act. Sec. 27. If the employer and the injured employee or representatives Arbitrations, or dependents fail to reach an agreement in regard to compensation under this act, either party may notify the industrial commissioner, who shall thereupon call for the formation of a committee of arbitration. The arbitration committee shall consist of three persons, one of whom shall be the industrial commissioner who shall act as chairman. The other two shall be named, respectively, by the two parties. If a va- cancy occurs it shall be filled by the party whose representative is un- able to act. Sec. 28. The arbitrators appointed by the parties shall be sworn by Oatli o' arW- the chairman to take the following oath: trators. I do solemnly swear (or affirm) that I will faithfully perform my duties as arbitrator and will not be influenced in my decision by any feeling of friendship or partiality toward either party. (Signed) — Sec. 29. It shall be the duty of the industrial commissioner, upon CJommittee. notification, that the parties have failed to reach an agreement, to re- quest both parties to appoint their respective representatives on the committee of arbitration. The commissioner shall act as chairman, and, if either party does not appoint its member on this committee within seven d^ys after notification as above provided, or after a va- cancy has occurred, the commissioner shall fill the vacancy and notify the parties to that effect. 250 APPENDIX^ — WOUKMEN's COMPElSrSATlON LAWS — ^IOWA._ Investigations. Sec. 30. The committee on arbitration, shall make Buch. inquiries and investigations as it shall deem necessaiy. The hearings of the com- mittee shall be in the city, town or place where the injiiry occurred and the decision of the committee, together with the statement of evi- dence submitted before it, its findings of fact, rulings of law and any other matters pertinent to questions arising before it shall be_ filed with the industrial commissioner. Unless a claim for a review ifl filed by either party within five days, the decision shall be enforceable [enforciblelunder the provisions of this act. Physicians. Sec. 31. The industrial commissioner may appoint a duly qualified impartial physician to examine the injured employee and make report. The fee for this service shall be five ($5.00) dollaars, to be paid by the industrial commissioner together with traveling expenses, but the com- missioner may allow additional reasonable amounts in extraordinary cases. Any physician so examining any injured employee shall not be prohibited from testifying before the Iowa industrial commissioner or any other person, commission or court, as to the results of his exami- nation or the condition of the injured employee. Arbitrators' Sec. 32. The arbitrators named by or for the parties to the dispute '^^^- shall each receive five ($5.00) dollara as a fee for his services, but the industrial commissioner may allow additional reasonable amounts in extraordinary cases. The fees shall be paid by the employer who may deduct an amount equal to one-half of tne sum from any compensation found due the employee. And all other costs incurred in the hearing before the board of aribtration shall be taxed to the losing party, or an equitable apportionment made thereof by the committee according to the facts. Eerview. Sec. 33. If a claim for review is filed, the industrial commissioner shall hear the parties and may hear evidence in regard to any or ail matters pertinent thereto and may revise the decision of the com- mittee in whole or in part, or may refer the matter back to the com- mittee for further findings of fact, and shall file its decision with the records of the proceedings and notify the parties thereof. No party shall as a matter of right be entitled to a second hearing upon any question of fact. riling orders in Sec. 34. Any party in interest may present certified copy of an tjrder court. Qj decision of the commissioner or a decision of an arbitration com- mittee from which no claim for review has been filed within the time allowed therefor, or a memorandum of agreement approved by the com- missioner, and all papers in connection therewith, to the district court of the county in which the injiuy occurred, whereupon said court shall render a decree in accordance therewith and notify the ,parties. Efleot. Such decree shall have the same effect and in all proceedings in rela- tion thereto shall thereafter be the same as though rendered in a suit duly heard and determined by said court, except that there shall be no appeal therefrom upon questions of fact or where the decree is based upon an order or decision of the commissioner which has not been pre- sented to the court within ten days after the notice of the filing thereof by the commissioner. Upon the presentation to the court of a certified copy of a decision of the industrial commissioner, ending, diminishing or increasing a weekly payment under the provisions of this act, the court shall revoke or modify the decree to conform to such deciaom. Eevisionofpay- Sec. 35. (a) Any payment to be made under this act may be reviewed ments. ^y ^^^ industrial commissioner at the request of the employer or of the employee, and on such review it may be ended, dimiiiiidied or increased subject to the maximum or minimum amounts provided for in this act if the commissioner finds the conditions of the employee warrants such action. (b) Any hotice to be given by the commissioner or court provided for in this act shall be in writing but service thereof shall be sufficient if registered and deposited in the mail, addressed to the last known address of the parties. Tees to be ap- Sbc. 36. Fees of attorneys and physicians for services under this act proved. shall be subject to the approval of the industrial commissioner unless otherwise provided in this act. Accidents to be Sec. 37. Every employer shall hereafter keep a record of all injuries, reported. f^^^j ^j. otherwise, sustained by his employees in the course of their APPENDIX — workmen's COMPENSAHON LAWS — ^lOWA. 2.51 employment. Within forty-eight hours not counting Sundays and legal holidays, after the employer has knowledge of the occurrence of an accident {resulting in personal injury, a report shall be made in writing by the employer to the industrial commissioner on blanks to be procured from the commissioner for that purpose. Upon the termination of the disability of the injured employee, or if such disability extends beyond a period of sixty days, at the expiration of such period, the employer shall make a supplemental report on blanks to be procured from the commissioner for that purpose. The said reports shall contain the name and nature of the business of the employer, the location of the establishment, the name, age, sex and occupation of the injured employee, and shall state the date and hour of the accident, the nature and cause of the injury, and such other information as may be required by the commissioner. Any employer who refuses or neglects to make the report required by this section shall be punished by a fine of not more than fifty ($50.00) dollars for each offense. All books, records and pay rolls of the employers, coming under Books, records, this act showing or reflectmg in any way upon the amount of wage expenditure of such employers, shall always be open for inspection by the industrial commissioner, or any of his represenlatives pre- senting a certificate of authority from said commissioner for the purpose of ascertaining the correctness of the wage expenditure; the number of men employed and such other information as may be neces- sary for the uses and purposes of the commissioner in its administration of the law. But information obtained within the contemplation of this act shall be used for no other purpose than the information of the commissioner or insorance association with reference to the duties imposed upon such commissioner. A refusal on the part of the em- ployer to submit his books, records, or pay rolls for the inspection of the commissioner, or his authorized representative presenting written authority from the commissioner, shall subject the employer to a penalty of one handred dollars ($100.00) for each such offense to be collected by civil action in the name of the State, and paid into the State treasurer [treasury]. Sec. 38. It shall be unlawful for the commissioner, during his . Political activ- term of office, to serve upon any committee of any political party or ^^^' e^jouse the election or appointment of any person for any political office or contribute to any campaign fund of any political party, or to the campaign fund of any person who is a candidate for election or appointed to any political office. A violation of this section shall be deemed a misdemeanor and upon conviction shall be fined one hundred (^100.00) dollars. Sec. 39. It shall be unlawful ior any person who is a candidate for Promise of the appointment as commissioner to make any promise to another, ^ expressed or implied, in consideration of any assistance or influence given or recommendation made that the candidate will, if appointed as commissioner, vote to appoint such person or one whom he may recommend to an office within the power of the commissionerto appoint. A violation thereof shall be deemed a misdemeanor and u,pon convic- tion thereof shall be fined one hundred ($100.00) dollars. Sec. 40. All recommendations to the governor of any person asking Eeoommenda- the appointment of another as commissioner shall be reduced to writing TJo£itii^nts° *^ signed by the person presenting the same, which shall be filed by the governor in his office and open at all reasonable times for public inspec- tion, and all recommendations made by any person to the commissioner for tiie appointment of another within the power of the commLssioner to appoint, shall be reduced to writing, signed by the person .present- ing the same and filed by the commissioner and open for public inspec- tion at all reasonable times and hoiirs. If any person recommending the appointment of another within the contemplation of this act refuse to reduce the same to writing, it shall be the duty of the person to whom the recommendation is made, to make a brief memoranda thereof stating the name of the person recommended and the name of the person who made the same, which shall be filed as by this act in ■other .cases provided. It shall be unlawful for the commissioner to not toteroaMii- be financially interested in any business enterprise coming under or cial interest. 252 APPENDIX — workmen's compensation laws — IOWA. affected by this act during his term of oflace and any member offending this statute, it shall be sufficient grounds [sic] for his removal trom office and in such case the governor shall at once declare the office vacant and appoint another to fill the vacancy. . . Removal from Sec. 41. The governor shall remove from office the commissioner on °^'^- the grounds of inefficiency, neglect of duty, or malfeasance in office, upon written charges having been filed with the executive council and sustained by proofs. But written notice of such charges, together with a copy thereof, shall be served upon the accused ten (10) days before the time fixed for hearing. The executive council shall have jurisdiction to hear the case, and shall make such finding in accordance with justice and the law. The finding shall be reduced to writing, and report and finding filed with the governor. Part III. Insurance. SECTION 42. Every employer, subject to the provisions of this act, shall insure his liability thereunder in some corporation, association or organization approved by the State department of insurance. Every such employer shall within thirty (30) days after this act goes into effect exhibit on demand of the State insurance department evidence of his compliance with this section. And if such employer refuses, or neglects to comply with this section, he shall be liable in case of injury to any workman m his employ under ^art one (1) of this act. Mutual assooia- Sec. 43. For the purpose of complying with the foregoing section, tions. groups of employers Dy themselves or in an association with any or all of their workmen, may form insurance associations as hereafter pro- vided, subject to such reasonable conditions and restrictions as may be fixed by the State insurance department and membership in such mutual insurance organization as approved, together with evidence of the payment of premiums due, shall be evidence of compliance with the preceding section. Approved Sec. 44. Subject to the approval of the Iowa industrial cominis- Bchemes. sioner any employer or group of employers may enter into or continue an agreement with his or their workmen to provide a scheme of com- pensation, benefit or insurance in lieu of the compensation and insu- rance provided by this act; but such scheme shall in no instance pro- vide less than the benefits here secured, nor vary the period of com- pensation provided for disability or for death, or the provisions of this act with respect to periodic payments, or the percentage that such payments shall bear to weekly wages, except that the sums required may be increased: Provided further, That the approval of the Iowa industrial commissioner shall be granted, if the scheme provides for contribution by workmen, only when it confers benefits in addition to those required by this act commensurate with such contributions. Certificates. ^ Sec. 45. Whenever such scheme or plan is approved by the Iowa industrial commissioner, he shall issue a certificate to that effect, whereupon it shall be legal for such employer, or group of employers, to contract with any or all of his or their workmen to substitute such scheme or plan for the provisions of this act during a period of time fixed by said department. sch^"^"™ "' ^^'^' ^^' ^^^^ scheme or plan may be terminated by the Iowa indus- ®^" trial commissioner on reasonable notice to the interested parties if it shall appear that the same is not fairly administered, or if its operation shall disclose latent defects threatening its solvency, or if for any sub- stantial reason it fails to accomplish the purpose of this act; but from any such order of said Iowa industrial commissioner the parties affected, whether employer or workman, may, upon the giving of proper bond to protect the interests involved appeal for equitable relief to the dis- trict court of this State. in^u™^*™'"" '°' .^^°- ^'^- ^° insurer of any obligation under this act shall either by ' ^' himself or through another, either directly or indirectly, charge or accept as a commission or compensation for placing or renewing any insurance under this act more than fifteen (15) per cent of the premium charged. DoUev^^''""' ° ' ■ ^^°' ^^' ^"^ery policy issued by any insurance corporation, associa- '^ '■ tion or organization to assure the payment of compensation under this APPENDIX WOEKMEN 'S COMPENSATION LAWS ^lOWA. 253 act shall contain, a clause providing that between any employer and the insurer, notice, to and knowledge of the occurrence of injury or death on the part of the insured shall be notice and knowledge on the part of the insurer; and jurisdiction of the insured for the purpose of this act shall be jurisdiction of the insurer and the insurer shall be bound by every agreement, adjudgment, award or judgment rendered against the insured. Sec. 49. No policy of insurance issued under this act shall contain insolvency of any provision relieving the insurer from payment if the insured becomes ^°iP"'y^''- insolvent or discharged in bankruptcy during the period that the pol- icy is in operation, or the compensation, or any part of it, is due and unpaid. Every policy shall provide that the workmen shall have a first lien upon any amount becoming due on account of such policy to the insured from the insurer, and that in case of the legal incapacity, ina- bility or disability of the insured to receive the amount due and pay it over to the insured workman, or Ms dependents, said insurer shall pay the same directly to such workman, his agent, or to a trustee for him or his dependents, to the extent of discharging any obligation of the insured to said workman or his dependents. Sec. 50. Where an employer coming under this act furnishes proofs insurance not to the insurance department satisfactory to the insurance department rBgs- creating a legal liability for damages on the part of any party other than the employer, such party also being subject to the provisions of Part 2 300 APPENDIX — WOEKMEN's COMPENSATION LAWS — MINNESOTA. of this act, the employee in caie of injury or his dependents in case of death, may, at his or their option, proceed either at law against such party to recover damages, or against the employer for compensation under Part 2 of this act, but not against both. ., , If the employee in case of injury, or his dependents m case of death, shall bring an action for the recovery of damages against such party- other than the employer, the amount thereof, ma*ner in which and the persons to whom the same are payable, shall be as provided for in Part 2 of this act and not otherwise: Provided, That in no case shall such party be liable to any person other than the employee or his dependents for any damages growing out of or resulting from such injury or death. Subrogation of If the employee or his dependents shall elect to receive compensation employer. irom the employer, then the latter shall be subrogated to the right of the employee or his dependents to recover against such other party, and may bring legal proceedings against such party and recover the aggre- gate amount of compensation payable by nim to such employee, or his dependents hereunder, together with the costs and disbursements of such action and reasonable attorney's fees expended by him therein. Suits against (2) Where the injury or death for which compensation is payable third persons. yn^et Part 2 of this act was caused under circumstances also creating a legal liability for damages on the jsart of any party other than the employer, such party not being subject to the provisions of Part 2 of this act, legal proceedings may be taken by the employee or dependents against such other party to recover damages, notwithstanding the pay- ment by the employer, or his liability to pay compensation hereunder. But in such case, if the action against such other party is brought by the injured employee or in case of his death by his dependents, and judg- ment is obtained and paid, or settlement is made with such other party, either with or without suit, the employer shall be entitled to deduct from the compensation payable by him, the amount actually received by such employee or dependents: Provided, That if the injured em- ployee or in case of his death his dependents shall agree to receive com- pensation from the employer or shall institute proceedings to recover the same, or accept from the employer any payment on account of such compensation, such employer shall be subrogated to all the rights of such employee or dependents and may maintain, or in case an action has already been instituted, may continue the action either in the name of the employee or dependents, or in his own name against such other party for the recovery of damages, but such employer shall nevertheless pay over to the injured employee or dependents all sums collected from such other party by judgment or otherwise in excess of the amount of such compensation payable by the employer under Part 2 of this act, and costs, attorney's fees, and reasonable expenses incurred by such employer in making such collection or enforcing such liability: Pro- vided, That in no case shall such party be liable to any person other than the employee or his dependents for any damages growing out of or resulting from such injury or death. Definitions. gj;c. 34. Throughout this act the following words and phrases as used therein shall Tse considered to have the following meaning respec- tively, unless the context shall clearly indicate a different meaning in the connection used. (a) The word "compensation" has been used both in Part 1 and Part 2 of this act to indicate the money benefit to be paid on account of injury or death. Strictly speaking, the benefit which an employee may receive by action at law under Part 1 of this act is damages, and this is indicated in section 1. To avoid confusion, the word "com- pensation" has been used in both parts of the act, but it should be understood that under Part 1 the compensation by way of damages is determined by an action at law. (b) "ChUd" or "children" shall include posthumous children and all other children entitled by law to inherit as children of the deceased. (c) A dependent child or orphan shall be considered to mean an unmarried child under the age of eighteen years or one over that age, who is physically or mentally incapacitated from earning. (d) The term "employer" as used herein shall mean every person not excluded by section 8, who employs another to perform a service for hu-e, and to whorn the "employer" directly pays wages, and shall include any person or corporation, copartnership, or association or APPENDIX workmen's COMPENSATION LAWS MINNESOTA. 301 group ttereof, and shall include county, village, town, city, school district and other public employers, except the State. (e) The term "physician'' shall include "surgeon," and in either case shall mean one authorized by law to practice his profession within one of the United States and in good standing in his profession at the time. (f) The term "workman" shall include the phural and all ages and both sexes. (g) The terms "employee" and "workman" are used interchange- ably and have the same meaning throughout this act, and shall be construed to mean: (1) Every person in the service of a county, city, town, village or school district therein, under any appointment or contract of hire, express or implied, oral or written; but shall not include any official of any county, city, town, vUlage or school district therein, who shall have been elected or appointed for a regular term of office, or to com- plete the unexpired portion of any regular term. (2) Every person, not excluded by section 8, in the service of another under any contract of hire, express or implied, oral or written, includ- ing aliens and also including minors who are legally permitted to work under the laws of the State, who for the purpose of making election of remedy under this act shall be construed the same, and have the same power of contracting and electing as adult employees. (h) The word "accident" as used in the phrases "personal injuries due to accident" or "injuries or death caused by accident" in this act shall, unless a different meanirg is clearly indicated by the context, be construed to mean an unexpected or unforeseen event, happening suddenly and violently, with or without human fault and producing . at the time, injury to the physical structure of the body. (i) Personal injuries, etc. — :Without otherwise affecting either the meaning or interpretation of the abridged clause, "personal injuries arising out of and in the course of employment," it is hereby declared: Not to cover workmen except while engaged in, on, or about the premises where their services are being performed,, or where their service requires their presence as a part of such service at the time of the injury, and diiring the hours of service as such workmen, and shall not include an injury caused by the act of a third person or fellow employee intended to injure the em_ployee because of reasons personal to him, and not directed against him as an employee, or because of his employrnent. (j) Wherever in this act the singular is used, the plural shall be included; where the masculine gender is used, the feminine and neuter shall be included. (k) Amputations. — Amputations between the elbow and the wrist shall be considered as the equivalent of the loss of a hand, and amputa- tion between the knee and the ankle shall be considered as the equiv- alent of the loss of a foot. (1) The labor commissioner, referred to in this act, shall denote the commissioner of labor of the State of Minnesota. (m) "The court" as used herein shall mean the district court which would have jurisdiction in an ordinary civil case involving a claim for the injuries or death in question, and "the judge" shall mean a judge of said court. (n) As to constitutionality. — In case for any reason any paragraph Questions of or any provision of this act shall be questioned in any court of last cnstitutionauty. resort and shall be held by such court to be unconstitutional or invalid, the same shall not be held to affect any other paragraph or provision of this act, except that parts 1 and 2 are hereby declared to be insep- arable, and if either part be declared void or inoperative in an essential part, so that the whole of such part must fall, the other part shall fall with it and not stand alone. Part 1 of this act shall not apply in cases where Part 2 becomes operative in accordance with the provisions thereof, but shall apply in all other cases, and in such cases shall be in extension or modification of the common law. Sec. 35. All acts or parts of acts inconsistent with the provisions of Hepeaier. this act are hereby repealed. Sec. 36. This act shall take effect from and after the 1st day of Act in effect. October, A. D. 1913. Approved April 24, 1913. 302 APPENDIX WOEKMEn's COMPENSATION LAWS NEBRASKA. NEBRASKA. ACTS OF 1913. Chapter 198.— Employers' liability — Compensation of workmen for injuries. Part I. employers' liability. Damages. Section 1. When personal injury is (iaused to an employee by acci- dent arising out of and in tlie course of his employment, of whicn the actual or lawful imputed negligence of the employer is the natural and proximate cause, he shall receive compensation therefor from his Quest ions of employer, provided the employee was himself not willfully negligent at negligende: ^j^^ ^.jjjj^g pf receiving such injury, and the question of whether the employee was willfully negligent shall be one of fact to be submitted to the jury, subject to the usual powers of the court over verdicts rendered contrary to the evidence, or to law. Defenses abro- Sec. 2. In all cases brought under Part I of this act it shall not be a gated. defense (a) that the employee was negligent, unless and except it shall also appear that such negligence was willful, or that the employee was in a state of intoxication; (b) that the injury was caused by the negli- genceof a fellow employee; (c) that the employee had assumed the risks inherent in, or incidental to, or arising from the failure of the employer t to provide and maintain safe premises and suitable appliances, which grounds of defense are hereby abolished, except as provided in section 4. ' When abroga- Sec. 3. If an employer subject to the provisions of this act as shown tion operates. ^^ section 6 elects not to come under Part II hereof, he loses the right : to interpose the three defenses above stated in any action brought against him for personal injury or death of an employee. 1 Defenses al- Sec. 4. If an employer becomes subject to Part II of this act, and \ lowed, wben. ^j^g employee does not, then the defenses existing under the laws for j Nebraska, other than the provisions of this act, at the time of the per- sonal injury or death of the employee shall be available to the employer in' any action brought by the employee or his dependents for personal injury, or death. D eat h by Sbc. 5. The provisions of sections 1, 2, 3 and 4 shall apply to any wrongful act. claim for the death of any employee arising under chapter 21 of the Compiled Statutes of Nebraska, 1911, and the acts or parts of acts amendatory thereof, concerning death by wrongful act. To whom act Sbc. 6. (1) The provisions of this act shall apply to the State of applies. Nebraska and every governmental agency created by it, and every employer in this State employing five or more employees, in the regular trade, business, profession or vocation of such employer. Exemptions. (2) The following are declared not to be hazardous occupations and not within the provisions of this act: employers of household domestic servants, employers of farm laborers and all employers employing less than five employees, in the regular trade, business, profession or voca- tion of such employer. Railroad .companies engaged in interstate or foreign commerce are declared subject to the powers of Congress and not within the provisions of this act. ^mnt nir°,?n?'' ^^) ^^'^ employer not included in the preceding paragraphs of this exempiperso . ggctionand theemployeesof suchemployermay,bytheir jointelection, filed with the insurance commissioner, accept the provisions of Part II of this act, and such acceptances shall subject them to the said pro- visions of Part II hereof to all intents and purposes as if they had been originally included in the terms of subdivision 2 of this section: Pro- vided, however, That either such employer or workmen (prior to acci- dent) shall have the right to waive such election to come under Part II hereof, the procedure being the same as indicated in subdivisions (a) and (b) of section 12. nroo? ""^ ® " °' ^^°- '^- ■'■^ ^^^ actions at law brought pursuant to Part I of this act, P • burden of proof to establish willful negligence of the injured employee shall be on the defendant, APPENDIX WOEKMEN's COMPElSrSATION LAWS NEBEASKA. 303 Sec. 8. No claim or agreement for legal services or disbursements in Legal fees not a support of any demand made or suit brought under the provisions of this ^^°' act shall be an enforceable lien against the amounts to be paid as damages or compensation or be valid or binding in any other respect, unless the same be approved in writing^ by the judge presiding at the trial, or in case of settlement without trial, by the judge of the district court of the district in which such issue arose. After such approval, if notice in writing be given the defendant of such claim or agreement for legal services and disbursements, the same shall be a lien against any amount thereafter to be paid as damages or compensation: Provided, however, That where the employee's compensation is payable by the employer in periodical installments, the court shall fix, at the time of approval, the proportion of each installment to be paid on account of legal services and disbursements. , Part II. ELECTIVE COMPENSATION. Section 9. If both employer and employee become subject to Part II Compensation of this act, both shall be bound by the schedule of compensation herein, Payable, when, provided, which compensation shall be paid in every case of injury or death caused by accident arising out of and in the course of employ- ' ment, except accidents caused by, or resulting in any degree from will- ful negligence, as hereinafter' defined, of the employee. Sec. 10. When employer and employee shall by agreement, express Same subject, or implied, or otherwise as hereinafter provided, accept the provisions of Part II of this act, compensation shall be made for personal injuries to or for the death of such employee by accident arising out of and in the course of his employment, without regard to the negligence of the employer, according to the schedule hereinafter provided, in all cases except when the injury or death is caused by willful negligence on the part of the employee; and the burden of proof of such fact shall be upon the employer. Sec. 11. Such agreement or the election hereinafter provided for Method to be shall be a surrender by the parties thereto of their rights to any other ^^''''^''^^■ method, form or amount of compensation or determination thereof than as provided in Part II of this act, and an acceptance of all the pro- visions of Part II of this act, and shall bind the employee himself, and for compensation for his death shall bind hia legal representatives, his widow and next of kin, as well as the employer and the legal repre- sentatives of a deceased employer, and those conducting the business of the employer during bankruptcy or insolvency. Sec. 12. In the occupations described in section 6 hereof, and all Presumption contracts of employment made after the taking effect of this act shall *^ *° contracts. be presumed to have been made with reference, and subject to the provisions of Part II hereof, unless otherwise expresslj^ stated in the contract, or unless written or printednotice has been given by either party to the other, as hereinafter provided, that he does not accept the provisions of Part II. Every such employer and every employee is presumed to accept and come under Part II hereof, unless prior to accident he shall signify his election not to accept or be bound by the provisions of Part II. This election not to accept Part II shall be by notice as follows: (a) The employer shall post and thereafter keep continuously posted Rejection— in a conspicuous place about the place or places where his workmen are ^ ""^^ °^^^' employed a written or printed notice of bis election not to be bound by Part II hereof, and shall file a duplicate thereof with the insurance commissioner. (b) The employee shall give written or printed notice to theemployer By employee. of his election not to be bound by Part II and shall file a duplicate with proof of service attached thereto with the insurance commissioner. Sec. 13. An employer who has given notice of his election not to Waiving rejec- accept or be bound by the provisions of Part II hereof, may waive such '°°" election at any time, by posting about the place or places where bis workmen axe employed a written or printed notice setting forth a 304 APPENDIX— WOKKMBN 's COMPENSATION LAWS NEBBASKA. Who 1 ployers. Employees. Avoiding sponsibility employer. withdrawal of Ma previous election not to be bound by the provisions of Part II. . A duplicate of such notice with proof of sucn poatmg attached thereto shall be filed with the insurance commissioner. An employee who has given written or printed notice to his employer that he elects not to be subject to the provisions of Part II hereof, may waive such election at any time prior to the happening of an accident resultii^ in personal injiuies to said, employee, by a notice in writing directed to the employer and served upon the employer or hia agent. A duplicate of such notice with proof of service attached thereto shall be filed with the insurance commissioner. The waivers referred to in the preceding pajM;raphs of this section shall not become effective until noon of the fifth day after filing the required notice with the insurance commissioner. Sec. 14. The following shall constitute employers subject to the provisions of this act: (1) The State and every governmental agency created by it; (2) Every person, firm or corporation, including any public service corporation, who is engaged in any trade, occupation, business, or pro- fession as described in section 6, and who has any person in service under any contract of hire, express or implied, oral or written, and who prior to the time of the accident to the employee for which compensation under this act may be claimed, shall not, in the manner provided in section 12, have elected not to become subject to the provisions of Part II of this act. Sec. 15. The terms "employee" and "workman" are used inter- changeably and have the same meaning throughout this act; the said terms include the plural and all ages and both sexes, and shall be construed to mean: (1) Every person in the service of the State or of any governmental agency created by it, under any appointment or contract of hire, express or implied, oral or written, but shall not include any official of the State, or of any governmental agency created by it, who shall have been elected or appointed for a regular term of office, or to complete the unexpired portion of- any regular term. (2) Every person in the service of any employer who is eiigag;ed in any trade, occupation, business or profession as described in section 6, under any contract of hire, express or implied, oral or written, includ- ing aliens and also including minors who are legally permitted to work under the laws of the State, who for the purposes of making election of remedies under this code shall have the same power of contractiiig and electing as adult employees. (3) It shall not be construed to include any person whose employ- ment is casual, or not for the purpose of gain or profit by the employer, or which is not in the usual course of the trade, business, profession, or occupation of his employer. The term "casual" shall be coilstrued to mean "occasional; coming at certain times without regularity, in distinction from stated or regular." (4) It shall not be construed to include any person to whom articles and materials are given to be made up, cleaned, washed, finished, re- paired or adapted for sale in the worker's own home or on other prem- ises not under the control or management of the employer, unless the employee is required to perform the work at a place designated by the employer. - Sec. 16. Any person, firm or corporation creating or carrying into ' operation any scheme, artifice or device to enable him, them or it to execute work without being responsible to the workmen for the pro- visions of this act, shall be included in the term "employer" and with the immediate employer shall be jointly and severally liable to pay the compensation herein provided for and be subject to all the provi- sions of this act. This section, however, shall not be so construed as to cover or mean an owner who lets a contract to a contractor in good faith, or a contractor who, in good faith, lets to a subcontractor a portion of his contract, if the owner or principal contractor, as the case may be, requires the contractor or subcontractor, respectively, to jprocure a policy or policies of insui'ance from an insurance company licensed to make such insurance in this State, which policy or policies of insur- ance shall guarantee payment of compensation according to this act to injured workmen, APPENDIX — workmen's COMPENSATION LAWS — NEBRASKA. 305 Sec. 17. Where compensation is claimed from, or proceedings taken Basis for com- against a person, firm or corporation under the foregoing section, the P™^»tion. compensation shall be calculated with reference to the wage the work- man was receiving from the person by whom he was immediately em- ployed at the time of the injury. Sec. 18. Where a third person is liable to the employee or to the de- Subrogation of pendents, for the Injury or death, the employer shall be subrogated to e^P'oy^r- the right of the employee or to the dependents against such third per- son, and the recovery by such etnployer shall not be limited to the amount payable as compensation to such ehiployee or dependents, but such employer may recover any amount which Such employee or his dependents would have been entitled to recover. Any recovery by the employer against such third person, in excess of the compensation paid by the employer after deducting the expenses of making such recovery, shall be paid forthwith to the employee or to the depend- ents, amd shall be treated as an advance payment by the employer, on account'of any future installments of compensation. Sec. 19. No compensation shall be allowed for the first fourteen days Waiting time. after disability begms, except as provided in section 20, but if disabil- ity extends beyond the period of fourteen days, conrpensation shall begin on the fifteenth day after the injury: Provided, however, That if such disability continues for eight weeks or longer, such compensation shall be computed from the date of the injury. Sec. 20. During the first twenty-one days after disability begins the Medical, etc., employer shall be liable for reasonable medical and hospital services ^^"^i"^^- and medicines as and when needed, not however to exceed two hun- dred dollars in value, unless the employee refuses to allow them to be furnished by the employer: Provided, however, That where the injured employee refuses or neglects to avail himself of such medical or surgidal treatment, the employer shall not be liable fo'r any aggravation of such injury due to said neglect or refusal. Sec 21. The following schedule of compensation is hereby estab- Compensation lished for injuries resulting in disability. ~ (1) For the first three hundred weeks of total disability the comjien- Total disability; sation shall be fifty per centum of the wages received at the time of injury, but such compensation shall not be more than ten dollars per week or less than five dollars per week: Provided, That, if at the time of injury the employee receives wages of less than five dollars per week, then he shall receive the full amount of such wages per week as com- pensation. After the first three hundred weeks of total disability, for the remainder of the life of the employee, he shall receive forty per centum of the wages received at the time of the injury, but the com- pensation shall not be more than eight_ dollars per week nor less than four dollars per week: Provided, That, if at the time of the injury the employee receives wages of less than four dollars per week then he shall receive the full amount of such wages as compensation. Nothing in this subdivision shall require the payment of compensation after disability shall cease. Should partial disability be followed by total' disability, the period of three hundred weeks mentioned in this sub- division of this section shall be reduced by the number of weeks during which tompensation was _paid for such partial disability. (2) For disability partial in character (except the particular cases Partial disabii- mentioned in subdivision 3 of this section), the compensation shall be ity- fifty per centum of the difference between the wages received at the time of injury and the earning power of the employee thereafter; but such compensation shall not be more than ten dollars per_ week. This compensation shall be paid during the period of such partial disability; not, however, beyond three hundred weeks after the date of the acci- dent causing the disability. Should total disability be followed by partial disability, the period of three hundred weeks mentioned in this subdivision shall be reduced by the number of weeks during which compensation was paid for such total disability. (3) For all disability resulting from permanent injury of the following Schedule, classes, the compensation shall be exclusively as follows: For the loss of a hand, fifty per centum of the wages during one hundred and seventy-five weeks; 22566°— S. Doc. 336, 63-2 -20 306 APPENDIX workmen's COMPENSATION LAWS NEBRASKA. For the loss of an arm, fifty per centum of wages during two hundred and fifteen weeks; For the loss*f a foot, fifty per centum of wages during one hundred and fifty weeks; For the loss of a leg, fifty per centum of wages during two hundred and fifteen weeks; For the loss of an eye, fifty per centum of wages during one hundred and twenty-five weeks; For the loss of any two or more of such members, not constituting total disability, fifty per centum of wages during the aggregate of the periods specified for each. The loss of both hands or both arms, or both feet, or both legs, or both eyes shall constitute total disability, to be compensated according to the provisions of subdivision 1 of this section. Amputation between the elbow and the wrist shall be considered as the equivalent of the loss of a hand, and amputation between the knee and the ankle shall be considered as the equivalent of the loss of a foot. Amputation at or above the elbow shall be considered as the loss of an arm, and amputation at or above the knee shall be considered as the loss of a leg. Permanent loss of the use of a hand, arm, foot, leg or eye shall be considered as the equivalent of the loss of such hand, arm, foot, leg or eye. Compensation under this subdivision shall not be more than ten dollars per week nor less than five dollars per week: Provided, That, if at the time of injury the employee receives wages of less than five dollars per week, then he shall receive the full amount of such wages per week as compensation. Death benefits. Sec. 22. (1) If death results from the injuries and the deceased employee leaves one or more dependents wholly dependent upon his earnings for support at the time of the accident causing the injury, the compensation, subject to the provisions of section 23, shall be fifty per centum of the wages received at the time of injury, but the compensa- tion shall not be more than ten dollars per week nor less than five dollars per week: Provided, That, if at the time of injury the employee receives wages of less than five dollars per week, then the compensation shall be the full amount of such wages per week. This compensation shall be paid during dependency, not exceeding three hundred and fifty weeks from the date of the accident causing the injury. (2) If the deceased employee leaves no dependents wholly dependent upon his earnings for support at the time of the accident causing the injury, but leaves one or more dependents only partly dependent upon his earnings for support at said time, the compensation shall be the same proportion of the benefits provided in subdivision 1 of this sec- tion for persons wholly dependent as the average amount of the wage regularly contributed by the deceased to such partial dependents at, and for a reasonable time immediately prior to file injury bears to the total wage of the deceased, during the same time. (3) Upon the death of an empl9yee, resulting through personal injuries as herein defined, whether or not there be dependents entitled to compensation, the reasonable expenses of the last sickness and burial, not exceeding one hundred dollars, without deduction of any amount theretofore paid for compensation or for medical expenses, shall be paid to his dependents, or if there be no dependent, then to the personal representatives of the deceased. Nonresident ^4) Compensation under this act to alien dependents, widows, aliens. children and parents not residents of the United States, shall be the same in amount as is provided in each case for residents, except that at any time within one year after the death of the injured employee, the employer may, at his option, commute all future installments of compensation to be paid to such alien dependents by paying to them two-thirds of the total amount of such future installmente of compen- sation. Alien widowers, brothers and sisters not residents of the United States shall not be entitled to any compensation. t (5) The consul general, consul, vice consul general, or vice consul, of the nation of which the employee, whose injury results in death, is a citizen, or the representative of such consul general, consul, vice consul general, or vice consul, residing within the State of Nebraska, shall be regarded as the sole legal representative of any alien depend- ents of the employee, residing outside of the United States, and repre- APPENDIX workmen's COMPENSATION LAWS^NEBEASKA. 307 senting the nationality of the employee. Such consular officer or his representative, residing in the State of Nebraska, shall have in behalf of such nonresident dependents, the exclusive right to adjust and settle all claims for compensation provided by this act and to receive for distribution to such nonresidents alien dependents all compensa- tion arising hereunder. Sec. 23. The death of an injured employee prior to the expiration Death of em- of the period within which he would receive such disability payment, P'oyee receiving shall be deemed to end such disability, and all liability for the re- «o™Pensat^™- mainder of such payment which he would have received in case he had lived shall be terminated, but the employer shall thereupon be liable for the following death benefit in lieu of any further disability indemnity: If the injury so received by such employee was the cause of his death, and such deceased employee leaves dependents as here- inbefore specified, wholly or partially dependent on him for support, the death benefit shall be a sum sufficient, when added to the in- demnity which shall at the time of death have been paid or become payable under the provisions of this act to such deceased employee, to make the total compensation for the injury and death equal to the full amount which such dependents would have been entitled to receive under the provisions of section 22 hereof in case the accident had resulted in immediate death, and such benefit shall be payable in the same manner and subject to the same terms and conditions in all respects, as payments made under the provisions of said section 22. No deduction shall be made for the amoimt which may have been paid for medical and hospital services and medicines or for the ex- penses of the last sickness or burial. If the employee die from some cause other than the injury, there shall be no liability for compensation to accrue after his death. Sec. 24. The following persons shall be conclusively presumed to Dependents, be wholly dependent for support upon a. deceased employee: (a) A wife upon a husband with whom she is living at the time of his death; (b) A husband upon a wife with whom he is living at the time of her death; (c) A child or children under the age of sixteen years (or over said age, if physically or mentally incapacitated from earning) upon the parent with whom he is or they are living at the time of death of such parent, there being no surviving parent. In case there is more than one child thus dependent, the death benefit shall be divided equally among them; (d) Compensation shall be payable under sections 22 and 23 to or on account of any child, brother or sister, only if and while such child, brother or sister, is under the age of sixteen. No compensation shall be payable under said sections to a widow, unless she was living with her deceased husband at the time of his death: Provided, That a wife or a husband living in a state of abandonment for more than two years at the time of the injury, or subsequently, shall not be a beneficiary under this act. The terms "child" and "children" shall include stepchildren and adopted children if members of the decedent's house- hold at the time of his death, and shall include posthumous children. If the compensation payable under said sections to any person shall for any cause cease, the compensation to the remaining persons entitled thereunder shall thereafter be the same as would have been payable to them had they been the only persons entitled to compensation at the time of the death of the deceased. If a widow or widower of a de- ceased employee shall remarry, then the compensation benefits shall become payable to the child or children of such widow or widower, if there be any such child or children; but if there be no such child or children of such dependent widow or widower, shall not be affected by such remarriage; (e) In all other cases, questions of dependency, in whole or in part, shall be determined in accordance with the fact, as the fact may be at the time of the injury; and in such other cases, if there is more than one person wholly dependent, the death benefit shall be divided equally among tbem, and persons partly dependent, if any, shall receive no part thereof; if there is no one wholly dependent and more than one person 308 APPENDIX — WOKKMEN's compensation laws — NEBRASKA. Payments, liodical. pe- WiUful gence. negli- Subsequent iii' juries. Joint ers. employ- Employees' in- surance, etc. partly dependent, the death benefit shall be divided among them according to the relative extent of their dependency; (f) No person shall be considered a dependent, unless he or she be a member of the family of the deceased employee, or bears to him the relation of widow, or widower, or lineal descendent, or ancestor, or brother, or sister; (g) Questions as to who constitute dependents and the extent of their dependency shall be determined as of the date of the accident to the employee, and the death benefit shall be directly recoverable by and payable to the dependent or dependents entitled thereto, or their legalguardians or trustees. No dependent of an injured employee shall be deemed, during the life of such employee, a party in interest to any proceeding by him for the enforcement of collection of any claim for compensation, nor as respects the compromise thereof by such em- ployee. Sec. 25. Except as hereinafter provided, all amounts of compensar tion payable under the provisions of this act shall be payable periodically in accordance with the method of payment of the wages of the employee at the time of his injury or death. Sec. 26. Wherever in this act the term "wages" is used, it shall be construed to mean the money rate at which the service rendered is recompensed under the. contract of hiring in force at the time of the accident, and shall not include gratuities received from the employer or others, nor shall it include board, lodging or similar advantages, received from the employer, unless the money value of such advantages shall have been fixed by the parties at the time of hiring. In occupa- tions involving seasonal employment or employments dependent upon the weather, the employee's weekly wages shall be taken to be one- fiftieth of the total wages which he has earned from all occupations dur- ing the year immediately preceding the accident, unless it be shown that during such year, by reason of exceptional causes, such method of computation does not ascertain fairly the earnings of the employee, in which case the period for calculation shall be extended so far as to give a basis for the fair ascertainment of his average weekly earnings. In continuous employments, if immediately prior to the accident the rate of wages was fixed by the day or hour, or by the output of the employee, his weekly wages shall be taken to be five and one-half times his average earnings at such rate for a working day of ordinary length, excluding earnings from overtime and using as the basis of calculation his earnings during so much of the preceding six months as he worked for the same employer. Sec. 27. If the employee is injured by reason of his intentional wiUful negligence, or by reason of being in a state of intoxication, neither he nor his beneficiaries shall receive any compensation under the pro- visions of this act. ■ Sec. 28. If an employee receives an injury, which, of itself, would only cause partial disabihty, but which, combines [combined] with a previous disability, does in fact cause total disability, the employer shall only be liable as for the partial disability, so far as the subsequent injury is concerned. Sec. 29. In case any employee for whose injury or death compensa- tion is payable under this act shall, at the time of the injury, be em- ployed and paid jointly hj two or more employers subject to this act, such employers shall contribute to the payment of such compensation in proportion to their several wage liabilities to such employee. If one or more, but not all of such employers should be subject to the pro- visions of Part II of this act, then the liability of such of them as are so subject shall be to pay that proportion of the entire compensation which their proportionate wage liability bears to the entire wages of the employee: Provided, however, That nothing in this section shall pre- vent any arrangement between employers for a different distribution between themselves of the ultimate burden of compensation. Sec. 30. No savings or insurance of the injured employee, or any con- tribution made by him to any benefit fund or protective association independent of this act shall be taken into consideration in determining the compensation to be paid hereunder, nor shall benefits derived from APPENDIX — workmen's COMPENSATION LAWS — NEBEASKA. 309 any other source than those jjaid or caused to be paid by the employer as "herein provided, be considered in fixing the compensation under this act. Sec. 31. No agreement bv an employee to waive his rights to com- Waivers. pensation under this act shall be valid. Sec. 32. If an injured employee is mentally incompetent or is a minor incomp e t e nt at the time when any right or privilege accrues to him under this act, P^"'"™". his guardian or next friend may, in his behalf, claim and exercise such right or privilege. Sec. 33. No proceedings for .compensation for an injury under this Notice, act shall be niamtained, unless a notice of the injury shall have been given to the employer as soon as practicable after the happening thereof, and unless the clami for compensation with respect to such injury shall have been made within six months after the occurrence of the same, or, in case of the death of the employee, or in the event of his physical or mental incapacity within six months after death or the removal of such physical or mental incapacity. The said notice shall be in writing, and shall state in ordinary lan- guage the time, place and cause of the injury; and shall be signed by the Eerson injured, or by a person in his behalf, or, in the event of his death, y his legal representative or by a person in his behalf. The notice shall be served upon the employer or an agent thereof. Such service may be made by delivering said notice to the person on whom it is to be served, or leaving it at his residence or place of busi- ness, or by sending it by registered mail addressed to the person or cor- poration on whom it is to be served at his last known residence or place of business. A notice given under the provisions of this section shall not be held invalid or insufficient by reason of any inaccuracy in stating the time, place or cause of the injury, unless it is shown that it was the intention to mislead, and the employer, or the insurance company carrying such risk, as the case may be, was in fact misled thereby. Want of such written notice shall not be a bar to proceedings under this act, if it be shown that the employer had notice or knowledge of the_ injury. Sec. 34. After an employee has given notice of an injury as pro- Medical exami- vided in section 33, and from time to time thereafter during the con- nations, tinuance of his disability, he shall, if so requested by the employer or the insurance company carrying such risk, submit himself to an exami- nation by a physician or surgeon legally authorized to practice medicine under the laws of the State, furnished and paid for by the employer, or the insurance company carrying such risk, as the case may be. The employee shall have the right to have a physician provided and paid for Dy himself present at the examination. The refusal of the em- ployee to submit to such examination shall deprive him of the right to compensation under this act during the continuance of such refusal and the period of such refusal shall be deducted from the period during which compensation would otherwise be payable. Sec. 35. In all death claims, where the cause of death is obscure or Autopsy, disputed, any interested party may require an autopsy, the cost of such autopsy to be borne by the party demanding the same. Sec. 36. The interested parties shall have the right to settle all mat- Settlements, ters of compensation between themselves in accordance with the pro- visions of this act." Sec. 37. In case of a dispute over, or failure to agree upon a claim for Disputes, compensation between employer and employee, or the dependents of the employee, the claim may be submitted to arbitration in such man- ner or method as may be mutually agreed upon, or either party may submit the claim, both as to the question of fact, the nature and effect of the injuries, and the amount of compensation therefor, according to the schedule herein provided, to the district court of the county which would have jurisdiction of a civil action between the parties, which court shall have authority to hear and determine the cause as a suit in equity and enter final judgment therein determining all questions of law and fact in accordance with the provisions of this act, which judg- ment shall be final and conclusive unless reversed or modified on appeal or otherwise modified pursuant to the provisions of this act. 310 APPENDIX — WOEKMEn's COMPENSATION LAWS — NEBEASKA. Action year. Procedure. Lump sums. What settle ments final. Heviews. Payments trustees. ' Sec. 38. In case of personal injury, all claim for compensation shall be forever barred unless, within one year after the accident, the par- ties shall have agreed upon the compensation payable under this act, or unless, within one year after the accident, one of the parties shall have filed a petition as provided in section 39 hereof. In case of death, all claims for compensation shall be forever barred unless, within one year after the death, the parties shall have agreed upon the compensa- tion under this act, or unless within one year after the death, one of the parties shall have filed a petition as provided in section 39 hereof. Wiere, however, payments of compensation have been made in any case, said limitation shall not take effect until the expiration of one year from the time of the making of the last payment. Sec. 39. Procedure in cases of dispute shall be as follows: Either party may file in the district court a verified petition setting forth the names and residences of the parties and the lacts relating to the em- ployment at the time of the injury, the injury in its extent and char- acter, the amount of wages being received at the time of injurjr, the knowledge of or notice to the employer of the occurrence of said injury and such other facts as may be necessary for the_ information of the court, and also stating the matter or matters in dispute and the con- tention of the petitioner with reference thereto. Upon the filing of such petition a summons shall issue and be served upon the adverse party, as in civil causes, together with a copy of the petition. Return of service shall be made within four days from the issuance of the summons. Within seven days after the return day of such summons the party upon whom the same is served shall fUe an answer to said petition, wnich shall admit or deny the substantial averments of the petition, and shall state the contention of the defend- ant with reference to the matters in dispute, as disclosed by the peti- tion. The answer shall be verified in like manner as required for a petition. At the expiration of the time fixed for filing answer the court shall proceed to hear and determine the cause without delay and shall render jud^ent thereon according to the form of law. Any appeal from such judgment shall be prosecuted in accordance with the general laws of the State regulating appeals and actions at law except that such appeal shall be perfected within thirty days from the entry of the judgment and the cause shall be advanced for hearing in the su- preme court so as to bring said cause on for argument before such court within sixty days from the filing of the appeal and said supreme court shall render its judgment and opinion in such cases within thirty days after submission. Sec. 40. The amounts of compensation payable periodically under the law, either by agreement of the parties, or by decision of the court, may be commuted to one or more lump sum payments, except com- pensation due for death and permanent disatjility. These may be commuted only with the consent of the district court. Sec. 41. All settlements by agreement of the parties and all awards of compensation made by the court, except those amounts payable periodically for six months or more, shall be fiial and not subject to readjustment. Sec 42. All amounts paid by an employer or by an insurance com- pany carrying such risk, as the case may be, and received by the em- ployee or his dependents, by lump sum payments, shall be final, but the amount of any agreement or award payable periodically for more than six months may be modified as follows: (a) At any time by agreement of the parties; (6) If the parties can not agree, then at any time after six months from the date of the agi'eement or award, an application may be made to the court by either party on the groimd of mcrease or decrease or incapacity due solely to the injury, or that the condition of a dependent has changed as to age or marriage, or by reason of the death of a de- pendent. In such case the same procedure shall be followed as in sec- tioa 39 in case of disputed claim tor compensation. Sec 43. At any time after the amount of any award has been agreed upon by the parties, or found and ordered by the court, a sum equal to the present value of all future installments of compensation may (where death or the nature of the injury renders the amount of future payments APPENDIX — WOBKMEN's COMPENSATION LAWS — NEBRASKA. 3ll certain) by leave of court, be paid by the employer, or by the insurance company carrying such risk, as the case may be, to any savings bank or trust conipany of this State, in good standing, and such sum, together with all interest thereon, shall thereafter be held in trust for the em- ployee or the dependents of the employee, who shall have no further recourse against the employer. _ The payment of such sum by the em- ployer, evidenced by the receipt of the trustee to be filed with the insurance commissioner, shall operate as a satisfaction of said award as to the employer. Payments from said fund shall be made by the trus- tee in the same amounts and at the same time as are herein required of the employer until said fund and interest shall be exhausted. In the appointment of the trustee, preference shall be given, in the discretion of the court, to the choice of the injured employee or the dependents of the deceased employee, as the case may be. Sec. 44. In case of death, where no executor or administrator is quali- Administratois. fied, the said court shall, by order, direct payment to be made to such persons as would be appointed administrator of the estate of such dece- dent upon like terms as to bond for the proper application of compen- sation payments as are required of administrators. Sec. 45. Report of all settlements and releases shall be filed by the tiemSte^ete ^""^ employer with the labor commissioner within sixty days after such ' settlements are made. The said report shall contain the name and nature of the business of the employer, the location of his establishment or place of work, the name, age, -sex, and occupation of the injured em- ployee, and shall state the time, the nature and cause of the injury, and such other information as may be required by the labor.commissioner. Any employer who refuses or neglects to make the report required by this section shall be punished by a fine of not more than fifty dollars for each offense. If the injury shall result in the death of the employee, such report shall show whether the deceased was a citizen of the United States, or an alien; in the event that the deceased was an alien, such report shall show his nationality, and so far -as may be known, his place of birth, parentage and names and addresses of dependents. If, as a result of the injury, the death of the employee occurs subse- quent to the making of such report, it shall be the duty of the em- ployer to make supplemental report giving the same information as if the injury had caused the immediate death of the employee. When an injury results in the death of an employee who is a citizen or subject of a foreign country, the labor commissioner shall, after such death has been reported to him, at once notify the superior consular officer of the country of which the employee at the time of his death, was a citizen or subject, and whose consular district embraces the State of Nebraska, or the representative, residing in the State of Nebraska, of such consular officer, whom he shall have formally designated as his representative by a communication in writing to the labor commis- sioner. Such notification shall contain in addition to the name of the employee, such further information as the labor commissioner may pos- sess respecting the place of birth, parentage, and names and addresses of the dependents of the employee. Sec. 46. An employer who is liable for compensation as provided in insurance of this act may insure the liability to pay such compensation in any lia- ™''^' biUty insurance company or companies licensed to write such risks in the State of Nebraska, or in any mutual insurance association authorized under the laws of the State of Nebraska to assume such risks. Sec. 47. No policy of insurance against liability under this act shall Provisions of be made unless the same shall cover the entire liability of the employer po'""'*^- theretmder and shall contain an agreement by the insurer that, in case the employer shall be or become insolvent, or in case an execution upon a judgment for compensation is returned unsatisfied, an employee of such employer or the dependents of a deceased employee who shall be entitled to compensation under this act may enforce their claim or claims to compensation against the insurer to the same extent that the employer could have enforced his claim against such insurer had he paid compensation. No suit shall be maintained for the collection of premiums upon any such policy of insurance, unless such covenant is contained in said policy. Sucn covenant shall be unaffected by any default of the insured in the payment of premiums and shall be con- 312 APP5ENDIX — WOEKMEn's COMPENSATION LAWS — NEBRASKA. strued to be a direct promise to such injured employee and dependents, and shall be enforceable by action brought in the name of such injured employee or in the names of such dependents. Every contract for the insurance of the compensation herein provided for, or against liability therefor, shall be deemed to be made subject to the provisions of this act, and provisions thereof inconsistent with this act shall be void . No company or association shall enter into any such contract for insurance unless such insurer shallr have been approved by the State insurance commissioner as provided by law. Existing insur- Sec. 48. Nothing herein shall affect any existing contract for. em- ance contracts, ployers' liability insurance, or affect the organization of any mutual or other insurance company, or any arrangement now existing, between employers and employees, providing for the payment to such employ- ees, their families, dependents or representatives, sick, accident or death benefitsin addition to the compensation provided for by this act; but liability for compensation under this act shall not be reduced or affected by any insurance of the injured employee, or any contribu- tion or other benefit whatsoever, due to or received by the person entitled to such compensation, and the person so entitled shall, irre- spective of any insurance or other contract, have_ the right to recover me same directly from the employer, and in addition thergtOj the right to enforce in his own name in the manner provided in section 47 the liability of any insurer who may, in whole or in part, haye insured the , liability for such compensation: Provided, however, That payment in whole or in part of such compensation by either the employer, or the insurer, as the case may be, shall, to the extent thereof, be a.bar to re- covery against the other, of the amount so paid. Part III. MISOKLLA^rEOTJS PROVISIONS. Suits barred, SECTION 49. If any employee, or his dependents in case of death, of °^' any employer subject to the provisions of Part II of this act files any claim with, or accepts any payment from such employer, or from any insurance company carrymg such risk, on account of personal injury, or makes any agreement, or submits any question to the court under Part II of this act, such action shall constitute a. release to such'employer of all claims or demands at law, if any, arising froin such injury. Compensation Sec. 50. No payments under this act shall be assignable or subject empt"™ ^^' *° attachment or garnishment, or be held liable in any way for any debts, except as provided in section 8 hereof. Preference. gsp. 51. The right to compensation and all compensation awarded any injured employee or for death claims to his dependents (without limit of amoimt), shall have the same preference against the assets of the employer as unpaid wages for labor, but such cornpensation shall not become a lien on the property of third persons by reason of such preference. Definitions. Sec. 52. Throughout this act, the follovfdng words and phrases as used therein shall be considered to haye the following meanmg respec- tively, unless the contex;t shall clearly indicate a different meaning in the construction used: (a) The term "physician" shall include "surgepu," and in either case shall mean one legally authorized to practice his profession withm the State of Nebraska; and in good standing in his profession at the time. (b)_The word "accident," as used in this act shall, unless adifferent meaning is clearly indicated by the, context, be construed to mean an unexpected or unforeseen event happening suddenly and violently, with or without human fault and producing atthe time objective symp- toms of an injury. The terms "injury" and "personal injuries" shall mean only violence to the physical structure of the body and such disease or infection as naturally results therefrom. The said terms shall ip no case be cqn- strued to include occupational disease in apy form, or any cpntagiqus or infectious disease contracted during tixe course of erriploynient, or- death due to natural causes but occurring while the i^rprkman is at work. APPEKDIX — workmen's COMPENSATION LAWS — NEBKASKA. ' 813 "Death" when mentioned as a basis for the right to compensations means only death resulting from such violence and its resultant effects occurring within three hundred and fifty weeks after the accident. (c) Without otherwise affecting either the meaning or interpretation of the abridged clause , ' ' personal mjuries arising out of and in the course of employment," it is hereby declared— Not to cover workmen except while engaged in, on or about the premises where their duties are being performed, or where their service requires their presence as a part of such services at the time of the injury, and during the hours of service as such workmen. • (d) For the purposes of this act, willful negligence shall consist of (1) deliberate act, or (2) such conduct as evidences reckless indifference to safety, or (3) intoxication at the time of the injury. (e) Whenever in this act the singular is used, the plural shall be in- cluded; where the masculine gender is used, the feminine shall be in- cluded. (f) The designation "State insurance commissioner" or "insurance commissioner" as used herein is intended to mean the State official who has charge of the insurance department of the State of Nebraska. (g) The " court "_ as used herein shall mean the district court which would have jurisdiction in an ordinary civil case involving a claim for the injuries or death in question, and the "judge" shall mean a judge of said court. Sec 53. Every right of action for death by wrongful act, or for injury Prior injuries, by negligence, accruing to an injured employee prior to the taking effect of this act is continued and preserved under the existing law. Sec. 54. If the provisions of this act relating to the compensation for . Status of claims injuries to or death of workmen shall be repealed or adjudged invalid if'awismvahd. or unconstitutional, the period intervening between the occurrence of an injury or death and such repeal, or the final adjudication of inva- lidity, shall not be computed as a part of the time limited by law for the commencement of any action relating to such injury or death, but the amount of any compensation which may have been paid for any such injury shall be deducted from any judgment for damages recovered on account of such injury. Sec. 55. In case for any reason any paragraph or any provision of Partial uncon- this act shall be questioned in any court and shall be held to be uncon- stitutionality. stitutional or invalid, the same shall not be held to effect any other para- graph or provision of this act, except that Parts I and II are hereby de- clared to be inseparable, and if either part be declared void or inopera- tive in an essential part, so that the whole of such part must fall, the other part shall fall with it and not stand alone. Part I of this act shall not apply in cases where Part II becomes operative in accordance with the provisions thereof, but shall apply in all other cases when the employer is subject to the provisions of this act and in such cases shall be m extension or modification of the common law. Sec 56.' All acts or parts of acts inconsistent with this act are to be deemed replaced by this act and to that end are hereby repealed. Sec. 57. This act shall be known as the "Workmen's Compensation Law of 1913." Approved April 21, 1913. NEVADA. ACTS OF 1913. Chapteb 111. — Compensation of workmen for injuries. Section 1. (a) Where two or more employees, as defined by- this Election pre- act, are employed in the same general employment and ia the usual ™™*°' '^''™- and ordinary transaction of the business, it shaU be presumed that the employer, as defined by this act has elected to provide, secure and pay compensation according to the terms, conditions and provisions of this act, to such employees who sustain personal injury, arising out of and in the course of the employment and in such case the employer Efleot. shall be relieved from liability for recovery- of damages or other com- 314 "appendix WOEKMEn's compensation laws NEVADA. pensation for such personal injuries, unless by the terms of this act otherwise provided. State, etc., cm- (ij) Where the State, county, municipal corporation, school district, ployees. cities under special charter or commiasion form of government is the employer, the limitations of two employees shall not apply, and as to such employees and employers thereof the rights and remedies as by this act provided to pay compensation for personal injury sustained by such employees ariemg out of and in the course of the employment shall be exclusive, compulsory and obligatory. Employers re- (g) jf an employer having the right under the provisions of this act jectmg system. ^ elect to reject the terms, conditions and provisions thereof and in such case exercises the right in the mannerand form by this act pro- Defenses aboi- yided, such employer shall not escape liability for personal injury sus- '^ ® ■ tained by an employee of such employer when the injury sustained arises out of and in tiie usual course of the emplojrment because: (1) The employee assumed the risks inherent to or incidental to or arising out of his or her employment; or the risks arising from the fail- ure of the employer to provide and maintain a reasonably safe place to work, or the risks arising from the failure of the employer to furnish reasonably safe tools or appliances, or because the employer exercised reasonable care in selectmg reasonably competent employees in the business. (2) That the injury was caused by the negligence of a coemployee. (3) That the employee was negligent unless and except it shall ap- pear that such negligence was willful and with intent to cause the in- jury; or the result of intoxication on the part of the injured party. Presumption as ^4^ jjj actions by_ an employee against an employer for personal in- to neg igence. j^^^. g^g^ained arising out of and in the course of the employment where the employer has elected to reject the provisions of this act, it shall be presumed that the injury to the employee was the first result and growing out of the negl^ence of the employer; and that such negligence was the proximate cause of the injury; and in such case the burden of proof shall rest upon the employer to rebut the presump- . . tion of negligence. Election pre- Every such employer shall be conclusively presumed to have elected ^'™^® ■ to provide, secure and pay compensation to employees for injuries sus- tained arising out of and in the course of the emplojonent according to the provisions of this act, unless and until notice in writing of an elec- tion to the contrary shall have been given to the employee by posting the same in some conspicuous place at the place where the business is carried on, and also by filing notice with the Nevada Industrial Com- mission with return thereon by afl&davit showing the date notice was posted as by this act provided, substantially in the following form: employees' notice to reject. To the employees of the undersigned, and the Nevada Industrial Com- mission: Notice to reject. You and each of you are hereby notified that the undersigned rejects the terms, conditions and provisions to provide, secure and pay compen- sation to employees of the undersigned for injuries received as provided in the act of the Legislature of the State of Nevada known as Nevada Industrial Insurance Act, and elects to pay damages for personal injuries received by such employee under the common law and the statutes of this State modified by subdivisions one, two, three and four of section one of the said Nevada Industrial Insurance Act and acts amendatory thereto. Signed — ■ . State op Nevada, \ County of . / ^^• The undersigned being duly sworn deposes and says that a true, cor- rect and verbatim copy of the foregoing notice was on the day of , 19 , posted at (state fully place where posted.) Subscribed and sworn to before me by ■ this ■ day of , 19: — — , Notary Public. The employer shall keep such notice posted in some conspicuous place which shall apply to the employees subsequently employed by APPENDIX workmen's 'COMPENSATION LAWS — NEVADA. 315 the employer with the same force and effect and to the same extent and in like manner as employees in the employ at the time the notice was given. Where the employer and employee have not given notice of an election Construction ol to reject the terms of this act, every contract of hire express or implied, contracts, shall be construed as an implied agreement between them and a part of the contract on the part of the employer to provide, secure and pay, and on the part of the employee to accept compensation in the manner as by this act provided for all personal injuries sustained arising out of and in the course of the employment. Sec. 2. No compensation under this act shall be allowed for an injury injuries not caused: compensated. (a) By the employee's willful intention to injure himself or to will- • fully injure another; nor shall compensation be paid to an injured employee if injury is sustained while intoxicated. Sec. 3. (a) The rights and remedies provided in this act for an em- .Remedy exciu- ployee on account of an injury shall be exclusive of all other rights and ^"^' remedies of such employee, his personal or legal representatives, de- pendents or next of km, at common law or otherwise on account of such injury; all employees affected by this act shall be conclusively pre- Eleotionbyem- sumed to have elected to take compensation in accordance with the P'°y^^s- terms, conditions and provisions of this act until notice in writing shall have been served upon his employer; and also on the Nevada Industrial Commission, with return thereon by affidavit showing the date upon which notice was served upon the employer. (b) In the event that such employee elects to reject the terms, con- Suits, ditions and provisions of this act, the rights and remedies thereof shall not apply where an employee brings an action or takes proceedings to recover damages or compensation for injuries received growing out of and in the course of his employment, except as otherwise provided by this act; and in such actions where the employee has rejected the terms of this act the employer shall have the right to plead and rely upon any and all defenses including those at common law,_ and the rules and defenses of contributory negligence, assumption of risk and fellow servant shall apply and be available to the employer unless otherwise provided in this act: Provided, however, That if an employee sustains an injury as the result of the employer's failure to furnish or fails to exercise reasonable care to keep or maintain any safety device required by statute or rule, or violate any of the statutory provisions or rules and regulations now or hereafter in force relating to safety of employees, the doctrine of assumed risk in such case growing out of the negligence of Assumed risks. the employer shall not apply or be available as defensive matter to such offending party. The notice required to be given by an employee shall be substantially in the following form: employee's notice to reject terms of this act. To (name of employer) and the Nevada Industrial Commission: . Employees' re- You and each of you are hereby notified that the undersigned elects J^"*'™- to reject the terms, conditions and provisions of an act for the payment of compensation as provided by the Industrial Insurance Act of the State of Nevada and acts amendatory thereto, and elects to rely upon the common law as modified by section three of the said act for the right to recover for personal injury which I may receive, if any, grow- ing out of and arising from the employment while in line of duty for my employer above named. Dated this day of — , 19 . Signed . State op Nevada, ]■ County of — The undersigned being first duly sworn deposes and says that the written notice was on the day of , 19 , served on the within-named employer of the undersigned by delivering to (name of person served) a true, correct and verbatim copy thereof. Subscribed and sworn (or affirmed) to before me by the said this day of , 19 . , Notary Public. 316 APPENDIX — workmen's COMPENSATION LAWS — NEVADA. Term of elec- tion. Renewal. Waiver. Rejection by both parties. Prior premium payments. Liability o t bird persons. Contractors. Industrial com- mission. Sessions. Proceedings. Office. Sec. 4. (a) Where the employer or employee has given notice m compliance with this act electing to reject the terms thereof^ such election shall be for one year from date of becoming effective, and unless renewed within thirty days before the termination of one year as herein provided, it shall be conclusively presumed that such party has elected to waive the rejection made and come under the provision of this act to provide, secure and pay or accept, as the case may be, the compensation herein provided until the contrary is shown by the service of notice anew electing to reject the provisions of this act as herein provided. (b) When an employer or employee rejects the terms, conditions or provisions of this act, such party may at any time thereafter elect to waive the same by giving notice in writing in the same manner required of the party in electing to reject the provisions of the act, and which shall become effective when filed with the Nevada Industrial Commission. Sec. 5. Wiere the employer and employee elect to reject the terms, conditions and provisions of this act, the liability of the employer shall be the same as though the employee had not rejected the terms, conditions and provisions thereof. Sec. 6. An employer having come under this act, who thereafter elects to reject the terms, conditions and provisions thereof, shall not be relieved from the payment of premiums to Nevada Industrial Com- mission prior to the time his notice of rejection becomes effective; and said premiums may be recovered in an action at law as hereinafter in this act provided. Sec. 7. When an employee coming under the provisions of this act receives an injury for which compensation is payable under this act and which injury was caused under circumstances creating a legal liability in some person other than the employer, to pay damages in respect thereof. (a) The employee or beneficiary may take proceedings against that person to recover damages, but the amount of the compensation to which he is entitled under this act shall be reduced by the amount of the damages recovered. (b) If the employee or beneficiary in such case receives compensa- tion under this act, the Nevada Industrial Commission by whom the compensation was paid, shall be entitled to indemnity from the per- son so liable to pay damages as aforesaid, and shall be subrogated to the rights of the employee to recover therefor. (c) No contractor or subcontractor shall be entitled to receive com- pensation under this act, but shall be deemed to be an employer. Sec. 8. There is hereby created the Nevada Industrial Commission to be composed of five members, to wit: The governor. State mine inspector and attorney general and two others to be selected by the three named. The two members so selected shall hold office for four y^ears from and after the date of their appointment. The two addi- tional members of the commission other than the governor. State mine inspector and attorney general shall receive as compensation for their services the sum of ten dollars per day for all days in which they are actually engaged in the business of the commission, which in no case shall exceed one hundred and fifty (|150) dollars per month. A majority of said commission shall constitute a quorum for the trans- action of the business of the commission. Sec. 9. The commission shall be in continuous session and open for the transaction of business during all the business hours of each and every day excepting Sundays and legal holidays. All sessions shall be open to the public, and shall stand and be adjourned without further notice thereof on its records. All proceedings of the commission shall be shown on its record of proceedings, which shall be a public record, and shall contain a record; of each case considered, and the award made with respect thereto, and all voting shall be had by the calling of each member's name by the secretary ajid each vote shall be con- sidered as cast. Sec. 10. The commission shall keep and maintain its office in the town of Carson City, Nevada, and shall provide a suitable room or rooms, necessary office furniture, supplies, books, periodicals and maps. All APPENDIX — workmen's COMPENSATION LAWS — NEVADA. 317 necessary expenses stall be audited and paid out of the State treasury. The commission may hold sessions at any place withia the State. Sec. 11. The commission may employ a secretary, actuary, account- Employees. ants, inspectors, examiners, experts, clerks, stenographers and other assistants, and fix their compensation. Such employments and com- pensation shall be first approved by the governor, and shall be paid out of the State treasury. The members of the commission, actuaries, accountants, inspectors, examiners, experts, clerks, stenographers and other assistants mat may be emploved shall be entitled to receive from the State treasury their actual and^ necessary expenses while traveling , in the business of the coromission. Such expenses shall be itemized and sworn to by the person who incurred the expense and allowed by the commission. Sec. 12. The commission shall adopt reasonable and proper rules to Euies,- forms, govern its procedure, regulate and provide for the kind and character ^'''• of notices, and the services thereof, in cases of accidents and injury to employees, the nature and extent of the proofs and evidence and the method of taking and furnishing the same, to establish the rights to benefits of compensation fromthe State insurance fund, hereinafter provided for, the forme of application of those claiming to be entitled to benefits or compensation therefrom, the method of making investi- gations, physical examinations and inspections, and prescribe the time within which adjudications and awards shall be made. Sec. 13. Every employer shall furnish the commission, upon request. Duty of em- all information required, by it to carry out the purposes of this act. P'°y®''s- The commission or any member thereof or any person employed by the commission for that purpose, shall have the right to examine under oath any employer or officer, agent or employee thereof. Sec. 14. Every employer receiving from lie commission' any blank Samesubject. with directions to fill the same, shall cause the same to be properly filled out as to answer fully and correctly all questions therein pro- pounded, and if unable to do so shall give good and sufficient reasons for such failure. Answers to such questions shall be verified under oath and returned to the board within the period fixed by the commis- sion for such return. Sec. 15. Each member of the commission, the secretary and every Powers of com- inspector or examiner appointed by the commission shall, for the pur- missioners, etc. poses contemplated by uiis act, have power to administer oaths, certify to official acts, take depositions, issue subpoenas, compel the attendance of witnesses and the production of books, accounts, papers, records, documents and testimony. Sec. 16. In case of disobedience of any person to comply with the Contempt, order of the commission, or subpoena issued by it or one of its inspec- tors, or examiners, or on the refusal of a witness to testify to any matter regarding which he may be lawfully interrogated, or refuse to permit an inspection as aforesaid, the district judge of the county in which the person resides, on application of any member of the commission, or any inspector or examiner appointed by it, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpoenas issued from such court on a refusal to testify therein. Sec. 17. Each officer who serves such subpoenas shall receive the Fees, same fees as a sheriff, and each witness who appears, in obedience to a subpoena, before the commission or an inspector or examiner, shall receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record, which shall be audited and paid from the State treasury in the same manner as other expenses are audited and paid, upon the presentation of proper vouchers approved by any two members of the commission. No witness subpcenaed at the in- stance of a party other than the commission or any inspector shall be entitled to compensation from the State treasury unless the commission shall certify that his testimony was material to the matter investigated. Sec. 18. In an investigation, the commission may cause depositions Depositions. of witnesses residing within or without the State to be taken in the manner prescribed by the law for like depositions in civil actions in the courts of record. 318 APPENDIX workmen's COMPENSATION LAWS NEVADA. Evidence. Sec. 19. A transcribed copy of the evidence and proceedings, or any specific part thereof, or any investigation, by a stenographer appointed by the commission, being certified by such stenographer to be a true and correct transcript of the testimony on the investigation, or of a particular witness, or of a specific part thereof, carefully compared by him with his original notes and to be a correct statement of the evi- dence and proceedings had on such investigation so purporting to be taken and subscribed, may be received in evidence by the commission with the same effect as if such stenographer were present and testified to the facts so certified. A copy of such transcript shall be furnished on demand to any party upon the payment of the fee therefor, as provided for transcript in courts of record. Distribution of Sec. 20. The commission shall prepare and furnish blank forms, and forms, etc. provide in its rules for their distribution so that the same may be readily available, of application for benefits or compensation from the State insurance fund, notices to employers, proofs of injury or death, of medical attendance, of employment and wage earnings, and such other blanks as may be deemed proper and advisable, and it shall be the duty of insured employers to constantly keep on hand sufficient supply of such blanks. Rates of pre- Sec. 21. Each employer coming within the provisions of this act miums. gjjg^jj pjjQj. ^^ August 15 1913, pay into the State treasury for the State insurance fund, in accordance with the following schedule a sum equal to a percentage of his total pay roll for the preceding month, to wit: CONSTRTTCTION WORK — INITIAL PREMIUM RATES. Tunnels; bridges; trestles; subaqueous works; ditches and canals (other thSn irrigation without blasting); fire escapes; sewers; house moving; house wrecking 035 Iron or steel structures or parts of structures 040 Electric light or power plants or systems; telegraph or telephone systems; pile driving; steam railroads 050 Steeples, towers or grain elevators, not metal framed; chimneys; waterworks or systems; electric railways with rockwork or blasting; blasting; erecting fireproof doors or shutters 050 Steam heating plants; tanks, water towers or windmills, not metal frames 040 Shaft sinking 030 Concrete buildings; freight or passenger elevators; fireproofing of buildings; galvanized iron or tin works; gas works or system; marble, stone or brick work; road work with blasting; roof work; safe moving; slate work; outside plumbing work; metal smokestacks or chimneys • 050 Excavations not otherwise specified; blast furnaces 030 Street or other grading; cable or electric street railways without blasting; advertising signs; ornamental metal work in build- ings 025 Carpenter work not otherwise specified 035 Installation of steam boilers or engines; placing wire in conduits; installing dynainos; putting up belts for machinery; marble, stone or tile setting, inside work; mantel setting; metal ceiling work; painting of buildings or structures; installation of auto- matic sprinklers; concrete laying in floors, foundations or street pa,ving; asphalt laying; covering steam pipes or boilers; installation of machinery not otherwise specified 030 Drilling wells; installing electrical apparatus or fire alarm systems in buildings ; house heating or ventilating systems ; glass setting ; building hothouses; lathing; paper hanging; plastering; inside plumbing; wooden stair building; road making 020 The absence of power-driven machinery does not exempt corpora- tions named in this subdivision, nor the small number of employees engaged, nor the short time required to accomplish the work. APPENDIX WOKKMEn's COMPENSATION LAWS NEVADA. 319 OPERATION (including REPAIR WORK) OP — (All combinations of material take the higher rate when not other- wise provided.) OPERATION AND REPAIR WORK. Log^g railroads; railroads; dredges; interurban electric railroads using third rail system 025 Electric light or power plants; interurban electric railroads not using third rail system; quarries 025 Street railways; all employees; telegraph or telephone systems; stone crushing; blasting furnaces; smelters; coal mines; gas works; steamboats; tugs; ferries 030 Mines, other than coal; steam heating or power plants 025 Grain elevators; laundries; waterworks; paper-or pulp mills; gar- bage works 020 FACTORIES USING POWER-DRIVEN MACHINERY — FACTORIES. Stamping tin or metal 045 Bridge work; railroad car or locomotive making or repairing; cooperage; logging with or without machinery; saw mills; shingle mills- staves; veneer; box; lath; packing cases; sash, door or blinds; barrel, keg; pail; basket j tub; wooden ware or wooden fiber ware; rolling mills; making steam shovels or dredges; tanks j water towers; asphalt; building material not otherwise specified; fertilizer; cement; stone with or without machinery; kindling wood; masts and spars with or without machinery; canneries, metal stamping extra; creosoting works; pile treating works 020 Excelsior, iron, steel, copper, zinc, brass or lead articles or wares not otherwise specified; working in wood not otherwise speci- fied; hardware; tUe; brick, terra cotta; fire clay; pottery; earthenware; porcelain ware; peat fuel, brickettes 020 Brewers; bottling works; boiler works; foundries; machine shops not otherwise specified 020 Cordage; working in food stuffs, including oils, fruits and vege- tables; working in wool, cloth, leather, paper, broom, brush, rubber or textiles not otherwise specified 015 Making jewelrjr, soap, tallow, lard, grease, condensed mUk 015 Creameries; printing; electrotyping; photo-engravihg; engrav- ing; lithographing 015 MISCELLANEOUS WORK. Operating stock yards, with or without railroad entry; packing houses 025 Artificial ice, refrigerating or cold storage plants; tanneries; elec- tric systems not otherwise specified 020 Theater stage employees 015 Fireworks manufacturing 050 Powder works 100 All other employments not herein specified 015 Sec. 21a. The Nevada Industrial Commission shall have the power as Changing rates, experience and conditions demand to increase or decrease the rates above provided. Sixty days' notice of any change in rates shall be given before the same shall become efltective: Provided, further, That said commission shall have the power, and it shall be their duty, to classify employment[s] with respect to meir degree of hazard and deter- mine the risk of same based upon the pay roll and number of employees in each of said classes of employment sufficiently large to provide an adequate fund for the compensation provided for in this act, and to create a surplus sufficiently large to guarantee a satisfactory insurance fund from year to year. Sec 22. Whenever because of poor or careless management in an Undue hazards. establishment or work [sic] is unduly dangerous in comparison with 320 APPENDIX workmen's COMPENSATION LAWS NEVADA. other like establishments or works the Nevada Industrial Commission may advance its classification of risks and premium rates in proportion to the undue hazards. Such advancement of classification of risk and premium rates may be made without notice. Payment of pre- Sec. 23. The premiums above provided shall be paid on or before miums. ^]^g -1^5^ (jg^y pf gj^gjj^ g^^ evcrv month, commencing on the 15th day of August, 1913, and each and every month thereafter upon the pay roll for the month preceding. state insurance Sec. 24. All premiums provided for in this act shall be paid to the *™'*- State treasurer, and shall constitute the State insurance fund for the benefit of employees of employers and for the benefit of dependents of such employees, and shall be disbursed as hereinafter provided. Compensation. Sec. 25. Every workman coming within the provisions of this act who shall be injured in the course of employment, or his dependents, as hereinafter defined, shall be entitled to receive the following com- pensation: Death. (a) In the event of death of any employee or workman coming within the provisions of this act, his dependents, or beneficiaries, shall be entitled to receive an amount jequivalent to fifty per cent of his average monthly earnings; but not less than $20,_ nor more than $60 per month for a period of one hundred months, but in no case to exceed the sum of $5,000, and the burial expenses of such deceased workman shall be paid not to exceed the sum of $125. (b) If an employee leaves no dependents of any kind, expenses of his last sickness and burial shall be paid, not to exceed the sum of $125. Total disability, (c) For complete disability, compensation fifty per cent of the aver- age monthly wages, but not more than $60, nor less than $20 per month for one hundred months; total amount not to exceed $5,000. Partial disa- (d) For partial disabilty, one-half the difference between the wages '^^ earned bejore injury and wages which injured is able to earn there- after, but not more than $40 a month for a period not to exceed sixty months. Specific inju- Specific payments of injuries as per the following schedule, subject "^' to a maximum of $60 and a minimum of $20 per month: For the loss of a thumb, fifty per cent of the average monthly wages during fifteen months. For the loss of a first finger, commonly called the index finger, fifty per cent of the average monthly wages during nine months. For the loss of a second finger, fifty per cent of the average monthly wages during seven months. For the loss of a third finger, fifty per cent of the average monthly wages during five months. For the loss of a fourth finger, commonly called the little finger, fifty per cent of the average wages during four months. The loss of more than one phalange shall be considered as the loss of the entire finger or thumb: Provided, however, That in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand. For the loss of a great toe, fifty per cent of the average monthly wages during seven months. For the loss of one of the other toes other than the great toe, fifty per cent of the average montJily wages dtiring two months and one-haU . However, the loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe, and compensation shall be one-half of the amount above specified. The loss of more than one phalange shall be considered as the loss of the er.tire toe. For the loss of a hand, fifty per cent of the average monthly wages during forty months. For the loss of an arm, fifty per cent of the average monthly wages during fifty months. For the loss of a foot, fifty per cent of the average monthly wages during thirty-five months. For the loss of a leg, fifty per cent of the average monthly wages during forty-five months. For the loss of an eye, fifty per cent of the average monthly wages during twenty-five months. APPENDIX — workmen's COMPENSATION LAWS — NEVADA. 321 However, the loss of both, hands, or both arms, or both legs, or both eyes, or any part thereof, shall constitute total and permanent disar bility to be compensated according to the provisions of section 25, subdivision "C." Sec. 26. The following shall be conclusively presumed to be wholly Dependents, dependent upon a deceased employee: (1) The surviving spouse, unless it be shown that the survivor will- fully deserted deceased without fault upon the part of deceased, and if it be shown that the survivor deserted deceased without fault upon the part of deceased, the survivor shall not be regarded as a dependent in any degree. (2) A cnild or children under sixteen years of age (and over said age if physically or mentally incapacitated from earning) whether actually dependent for support upon the parent at the time of his or her death. (3) A parent of a minor entitled to the earnings of the employee shall be presumed to be dependent for a period not to exceed four years. (4) If the deceased employee leaves dependent surviving spouse, the full compensation shall be plaid to such spouse; but if the de- pendent surviving spouse dies before payment is made in full, the balance remaining shall be paid to the person or persons wholly de- pendent, if any, share and share alike. If there be no person or persons wholly dependent, then payment shall be made to partial dependents. (5) In all other cases questions of dependency in whole or in part shall be determined in accordance with the fact as the fact may be at the time of the injury; and in such other cases if there is more than one person wholly dependent, the death benefit shall be equally divided among them, and persons partially dependent, if any, shall receive no part thereof. If there is no one wholly dependent and more than one person partially dependent, the death benefit shall be divided among them according to the relative extent of their dependency: Provided, however, That when a lump sum is paid as contemplated by this act, the court or commission in making distribution thereof, shall take into consideration the contingent rights of partial beneficiaries or the rights of those who may become such after a wholly dependent child or children become sixteen years of age. (6) Step-parents shall be regarded in this act as parents. (7) Adopted child or children or stepchild or children shall be regarded in this act the same as if issue of the body. Sec. 27. No compensation shall be paid under this act for an injury Waiting time. which does not incapacitate the employee for a period of at least two weeks from earning full wages, but if incapacity extends beyond the period of two weeks, compensation shall begin on the fifteenth day after the injury: Prowtierf, Aoweuer-, That if such disability continues for eight weeks or longer, such compensation shall be computed from the date of the injury. Sec. 28. No money paid, or payable, under this act out of the State Benefits ex- insurance fund shall, prior to the issuance and delivery of the warrant ^^P'- therefor, be capable of being assigned; nor shall the same be ever taken in execution, or attached or garnished, nor shall same pass to any other person by operation of law. Any such assignment or charge shall be void. Sec. 29. No employer or workman shall exempt himself from the Waivers. burden, or waive the benefits of this act by any contract, agreement, rule, regulation or device; and any such contract, agreement, rule, regulation or device shall be absolutely void. Sec. 30. Upon the marriage of a widow, she shall receive once and Remarriage of for all, a lump sum equal to twelve times her monthly allowance, not ■"''^°^- to exceed, however, the sum of |300 : Provided, however, That allowance shall be made by the commission for the support of minor children under the age of sixteen years; the total aniount thereof to be not less than $10, nor more than $35 per month, to be fixed by the commission. Sec. 31. The Nevada Industrial Commission, may, in its discretion, Lump-sum pay- allow the conversion of the compensation herein provided for into ™™ts. a lump sum payment, not to exceed the sum of $5,000, under such 22566°— S. Doc. 336, 63-2 ^21 322 APPENDIX workmen's compensation laws NEVADA. rules and regulations and system of computation as may be devised for obtaining the present value of such compensation. Medical exami- Sec. 32. Any workman entitled to receive compensation under this nations. g^^^ jg required, if requested by the commission, to submit himself for medical examination at a time and from time to time at a place reason- ably convenient for the workman and as may be provided by the rules of the commission. If the workman refuses to submit to any such ex- amination, or obstructs the same, his rights to monthly payment shall be suspended until such examination has taken place, and no com- pensation shall be payable during or for account of such period, Accidents to be Sec. 33. Whenever any accident occurs to any workman it shall be reported. jj^g duty of the employer to at once report such accident and the injury resulting therefrom to the commission, and also to any local represent- ative of the commission. Such report shall state: (1) The time, cause and nature of the accident and injuries, and the probable duration of the injury resulting therefrom. (2) Whether the accident arose out of or in the course of the injured person's employment. (3) Any other matters the rules and regulations of the commission may prescribe. Applications for Sec. 34. (a) Where a workman is entitled to compensation under compensation. jj^jg ^^^ ^^ ^^^^^ gjg .^^.j^ ^j^g department, his apphcation for such, together with the certificate of the physician who attended him, and it shall be the duty of the physician to inform the injured workman of his rights under this act and to lend all necessary assistance in making this application for compensation and such proof of other matters as required by the rules of the department without charge to the work- man. (b) Where death results from injury the parties entitled to compen- sation under this act, or some one in their behalf, shall make applica- tion for the same to the department, which application must be accom- panied with proof of death and proof of relationship showing the parties to be entitled to compensation under this act, certificates of attending physician, if any, and such other proof as required by the rules of the department. Review of (c) If change of circumstances warrant an increase or rearrangement awards. ^^ compensation, like application shall be made therefor. No iucrease or rearrangement shall be operative for any period prior to application therefor. Limitation. (d) No application shaU be valid or claim thereunder enforceable unless filed within one year after the day upon which the injury oc- curred or the right thereto accrued. Employers' rec- Sbc. 35. The books, records and pay rolls of the employer pertinent " *■ to the admiaistration of this act shall always be open to inspection by the commission or its traveling auditor, agent or assistant, for the pur- pose of ascertaining the correctness of the pay roll, the men employed, and such other information as may be necessary for the commission and its management under this act. Refusal on the part of the em- ployer to submit said books, records and pay rolls for such inspection to any member of the commission or any assistant presenting written authority from the commission, shall subject the offending employer to a penalty of one hundred dollars for each offense, to be collected by civil action in the name of the Nevada Industrial Commission and paid into the accident fund, and the individual who shall personally give such refusal shall be guilty of a misdemeanor. tion?"^'*^°°*^ ^^°- ^^- ^^^ employer who shall misrejjresent to the department the amount of pay roll upon which the premium under this act is based shall be liable to the Nevada Industrial Commission in ten times the amount of the difference in premium paid and the amount the em- ployer should have paid. The liability to the Nevada Industrial Com- mission shall be enforced in a civil action in the name of the Nevada Industrial Commission. All sums collected under this section shall be paid into the accident fund. Pefaults. _ S^EC. 37. If any employer shall default in any payment to the acci- dent fund hereinbefore in this act required, the sum due shall be col- lected by action at law in the name of the Nevada Industrial Commis- eion as plaintiff, and such right of action shall be in addition to any APPENDIX WOEKMEHr's COMPENSATION LAWS — NEVADA. 323 other right of action or remedy. In respect to any injury happening to any of his workmen during the period of any default in the payment of any premium under section 6, the defaulting employer shall not, if such default be after demand for payment, be entitled to the benefita of this act, but shall be liable to suit by the injured workman (or the husband, wife, child or dependent of such workman in case death result from the accident), as he would have been prior to the passage of this act. In case the recovery actually collected in such suit shall equal or exceed the compensation to which the plaintiff therein would be entitled under this act, the plaintiff shall not be paid anything out of the accident fund; if the said amount shall be less than such compensation under this act, the accident fund shall contribute the amount of the deficiency. The person so entitled under the provisions Option of em- of this section to sue shall have the choice (to be exercised before suit) P'°y®^- of proceeding by suit or taking under this act. If such person shall take under this act, the cause of action against the employer shall be assigned to the Nevada Industrial Commission for the benefit of the accident fund. In any suit brought upon such cause of action the measure of liability shall be as provided in section 1, subdivision C — 1, 2, 3 and 4 — of this act. Any such cause of action assigned to the Nevada Industrial Commission may be prosecuted or compromised by the department in its discretion. Any compromise by the workman of any such suit, which would leave a deficiency to be made good out of the accident fund, may be made only with the written approval of the department. Sec. 38. The Nevada Industrial Commission is hereby authorized Power of com- and empowered to prosecute, defend and maintain actions in the name ^4!'°" ^ of the commission for the enforcement of the provisions of this act, and verification of any pleading, affidavit or other paper required may be made by any member of the commission or by the secretary thereof. In any action or proceeding or in the prosecution of any appeal by the commission, no bond or undertaking shall ever be required to be furnished by the commission. Sec. 39. If any workman be injured because of the absence of any Violations of safeguard or protection required to be provided or maintained by, or s**™™- pursuant to, any statute or ordinance or any departmental regulation under any statute, or be at the time of the injury of less than the maximum age prescribed by law for the employment of the minor in the occupation in which he shall be engaged when injured, the em- ployer shall be liable to the Nevada Industrial Commission for a pen- alty of not less than $300 or more than $2,000 to be collected in a civil action at law by the commission. The foregoing provision of this act shall not apply to the employer Workmen re- if the absence of such guard or such protection be due to the removal """^""S guards, thereof by the injured workman himself, or with his knowledge, by any fellow workman, unless such removal be by order or direction of the employer or superintendent or foreman of the employer. If the removal of such guard or protection be by the workman himself, or be by his consent, by any of his fellow workmen, unless done by order or direction of the employer or superintendent or foreman of the em- ployer, the compensation of such injured workman, as provided for by section 25 of this act, shall be reduced twenty-five per cent. Sec. 40. The State of Nevada shall not be liable for the payment of state liability, any compensation under this act, save and except from the said State insurance fund, to be derived from the payment of premiums as pro- vided in this act. Sec. 41. The expenses of the administration of the commission, Expenses lim- including the payment of the salaries of commissioners, and other expenses other than the payment of compensation under this act, shall not exceed ten per cent of the amount of premiums paid into said insurance fund. Sec. 42. This act shall be known as the "Nevada Industrial Insur- Titieofact. ance Act." Sec. 43. This act shall apply to all employers of laborin the State Application, of Nevada and their employees and the dependents of their employees, except domestic servants and farm laborers, and no contract of employ- ment, insurance, relief benefit or indemnity of any other device shall 324 APPENDIX— workmen's COMPENSATION' LAWS NEVADA. Constitutional- ity oi provisions of act. Limitations not to run, when. Proviso. Disposition fund. Law not retro- active. Act in effect. Bepealer. modify, change or waive any liability created by this act, and such contract of employment, relief benefit, insurance or indemnity, or other device having for its purpose the waiver or modification of the terms or liability created by this act shall be void. Sec. 44. If any employer shall be adjudicated to be outside the law- ful scope of this act, the act shall not apply to him or his workman, or if any workman shall be adjudicated to be outside the lawful scope of this act because of remoteness of his work from the hazard of his employ- er's work, any such adjudication shall not impair the validity of this act in other respects, and in every such case an accounting in accord- ance with the justice of the case shall be had of moneys received. If the provisions of section 21 of this act for the creation of the insurance fund, or the provisions of this act making the compensation to the workman provided in it exclusive of any other remedy on the part of the workman, shall be held invalid, the entire act shall be thereby invalidated except the provisions of section 46, and an accounting according to the justice of the case shall be had of moneys received. In other respects an adjudication of invalidity of any part of this act shall not affect the validity of the act as a whole or any other part thereof. Sec. 45. If the provisions of this act relative to compensation for injuries to or death of workmen become invalid because of any adju- dication, or be repealed, the period intervening between the occur- rence of an injury or death, not previously compensated for under this act by lump payment or completed monthly payments, and such repeal or the rendition of the final adjudication of the invalidity shall not be computed as a part of the time limited by law for the commence- ment of any action relating to such injury or death: Provided, That such action be commenced within one year after such repeal or adju- dication; but in any such action any sum paid out of the insturance fund to the workman on account of injury, to whom the action is pros- ecuted, shall be taken into account or disposed of as follows: If the defendant employer shall have paid without delinquency into the insurance fund the payment provided for by section 21, such sums shall be credited upon the recovery as payment thereon, otherwise the sum shall not be so credited, but shall be deducted from the sum collected and be paid into the said fund from which they had been previously disbursed. Sec. 46. If this act shall be hereafter repealed, all moneys which are in the insurance fund at the time of the repeal shall be subject to such disposition as may be provided by the legislature, and in default of such legislative provision distribution thereof shall be in accordance with the justice of the matter, due regard being had to obligations of compensation incurred and existing. Sec. 47. This act shall not affect any action pending or cause of action existing on June the 30th, 1913. Sec. 48. This act shall be effective July 1, 1913. Sec. 49. All acts and parts of acts in conflict herewith are hereby repealed. Approved March 15, 1913. NEW HAMPSfflRE. ACTS OF 1911. Chapter 163. — Compensation of workmen for injuries. Scope of law. Section 1. This act_ shall apply only to workmen engaged in manual or mechanical labor in the employments described in this section, which, from the nature, conditions or means of prosecution of such work, are dangerous to the life and limb of workmen engaged therein, because in them the risks of employment and the danger of injury Dan E e r u a caused by fellow servants are great and difficult to avoid, (a) The empioTments. operation on steam or electric railroads of locomotives, engines, trains or cars, or the construction, alteration, maintenance or repair of steam- APPENDIX — workmen's COMPENSATION LAWS — N. H. 325 railroad tracks or road beds over which, such locomotives, engines, trains or cars are or are to be operated. (6) Work in any shop, mill, factory or other place on, in connection with or in proximity to any hoisting apparatus, or any machinery propelled or operated by steam or other mechanical power in which shop, mill, factory or other place five or more persons are engaged in manual or mechanical labor, (c) The construction, operation, alteration or repair of wires or lines of wires, cables, switch boards or apparatus, charged with electric cur- rents, (d) All work necessitating dangerous proximity to gunpowder, blasting powder, dynamite or any other explosives, where the same are used as instrumentalities of the industry, or to any steam boiler owned or operated by the employer: Provided, Injury is occasioned by the explosion of any such boiler or explosive, (e) Work in or about any quarry, mine or foundry. As to each of said employments it is deemed necessary to establish a new system of compensation for accidents to workmen. Sec 2. If, in the course of any of the employments above described. Employer liable personal injury by accident arising out of and in the course of the ^^^^ mages, employment is caused to any workman employed therein, in whole or in part, by failure of the employer to comply with any statute, or with any order made under authority of law, or by the negligence of the employer or any of his or its officers, agents or employees, or by reason of any defect or insufficiency due to his, its or their negligence in the condition of his or its plant, ways, works, machinery, cars, engines, equipment, or appliances, then such employer shall be liable to such workmen for all damages occasioned to him, or, in case of his death, to his personal representatives for all damages now recoverable under the provisions of chapter 191 of the Public Statutes. The workman Assumption ol shall not be held to have assumed the risk of any injury due to any "^"sks. cause specified in this section; but there shall be no liability under this section for any injury to which it shall be made to appear by a preponderance of evidence that the negligence of the plaintiff contrib- uted. The damages provided for by this section shall be recovered in ap action on the case for negligence. Sec. 3. The provisions of section 2 of this act shall not apply to any Election by em- employer who shall have filed with the commissioner of labor his P'oy*"^- declaration in writing that he accepts the provisions of this act as con- tained in the succeeding sections, and shall have satisfied the com- missioner of labor of his financial ability to comply with its provisions, or shall have filed with the commissioner of labor a bond, in such form and amount as the commissioner may prescribe, conditioned on the discharge by such employer of all liability incurred under this act. Such bond shall be enforced by the commissioner of labor for the benefit Bonds, of all persons to whom such employer may become liable under this act in the same manner as probate bonds are enforced. The commissioner may, from time to time, order the filing of new bonds, when in his judg- ment such bonds are necessary; and after thirty days from the com- munication of such order to any employer, such employer shall be sub- ject to the provisions of section 2 of this act until such order has been complied with. The employer may at any time revoke his acceptance of the provisions of the succeeding sections of this act by filing with the commissioner of labor a declaration to that effect, and by posting copies of such declaration in conspicuous places about the place where his workmen are employed. Any person aggrieved by any decision of the commissioner under this section may apply by petition to any justice of the superior court for a review of such decision and said justice on notice and hearing shall make such order affirmiug, reversing or modifying such decision as justice may require; and such order shall be final. Such employer shall be liable to all workmen engaged in any of the employments specified in section 1, for any injury arising out of and in the course of their employment, in the manner provided in the following sections of this act: Provided, That the employer shall not Minor injuries, be liable in respect of any injury which does not disable the workman ®™' for a period of at least two weeks from earning full wages at the work at which he was employed: And provided, That the employer shall not be liable in respect of any injury to the workman which is caused in whole or in part by the intoxication, violation of law, or serious or willful mis- 326 APPEKDix — workmen's compensation laws N, H. conduct of the workman: Provided^ further, That the employer shall at the election of the workman, or his personal representative, be liable under the provisions of section 2 of this act for all injury caused in whole or in part by willful failure of the employer to comply with any statute, or with any order made under authority of law. Right to sue. Sec. 4. The right of action for damages caused by any such injury, at common law or under any statute in force on January one, nineteen hundred and eleven, shall not be affected by this act, but in case the injured workman, or in event of his death his executor or administra- tor, shall avail himself of this act, either by accepting any compensation hereunder, by giving the notice hereinafter prescribed, or by begin- ning proceedings therefor in any manner on account of any such injury, Barred, how. he shall be barred from recovery in every action at common law or under any other statute on account of the same injury. In case after such injury the workman, or in the event of his death his executor or administrator, shall commence any action at common law or under any statute other tban this act against the employer therefor, he shall be barred 'from all benefit of this act in regard thereto. Notice. Sec. 5. No proceedings for compensation under this act shall be maintained unless notice of the accident as hereinafter provided haa been given to the employer as soon as practicable after the happening thereof and before the workman has voluntarily left the employment in which he was injured and during such disability, and unless claim for compensation has been made within six months from the occurrence of the accident, or in case of the death of the workman, or in'the event of his physical or mental incapacity, within six months after such death or the removal of such physical or mental incapacity, or in the event that weekly payments nave been made under this article, within six months after such payments have ceased, but no want or defect or inaccuracy of a notice shall be a bar to the maintenance of proceedings unless the employer proves that he is prejudiced by such want, defect or inaccuracy. Notice of the accident shall apprise the employer of the claim for compensation under this article^ and shall state the name and address of the workman injured, and the date and place of the accident. The notice may be served personally or by sending it by mail in a registered letter addressed to the employer at his last known residence or place of business. Compensation Sec. 6. (1) The amount of compensation shall be, in case death for death. results from injury: (a) If the workman leaves any widow, children or parents, resident of this State, at the time of his death, then wholly dependent on his earnings, a sum to compensate them for loss, equal to one hundred and fifty times the average weekly earnings of such work- man when at work on full time during the preceding year during which he shall have been in the employ of the same employer, or if he shall have been in the employment of the same employer for less than a year then one hundred and fifty times his average weekly earnings on full time for such less period. But in no event shall such sum exceed three thousand dollars. Any weekly payments made under this act shall be deducted from the sum so fixed. (6) If such widow, children or parents at the time of his death are in part only depenaent upon his earnings, such proportion of the benefits provided for those Wholly dependent as the amount of the wage contributed by the deceased to such partial dependents at the time of injury bore to the total wage of the deceased, (c) If he leaves no such dependents, the reasonable expenses of his medical attendance and burial, not exceeding one hun- dred dollars. Whatever sum may be determined to be payable under this act in case of death of the injured workman shall be paid to his legal represe^itative for the benefit of such dependents, or if he leaves no such dependents, for the benefit of the persons to whom the expenses of medical attendance and burial are due. Compensation (2) Where total or partial incapacity for work at any gainful employ- incapacity, ment results to the workman from the injury, a weekly payment com- mencing at the end of the second week after the injury and continuing during such incapacity, subject as herein provided, not exceeding fifty per centum of his average weekly earnings when at work on full time during the preceding year during which he shall have been in the employment of the same employer, or if he shall have been in th« APPENDIX — WORKMEN ^S COMPENSATION LAWS — N. H, 327 employment of the same employer for less than a year, then a weekly payment of not exceeding one half the average weekly earnings on full time for such less period . In fixing the amount of the weekly payment, regard shall be had to the difference between the amount of the average earnings of the workman before the accident and the average anjount he is able to earn thereafter as wages in the same employment or other- wi^. In fixing the amount of the weekly payment, regard shall be Had to any payment, allowance or benefit which the workman may have_ received from the employer during the period of his incapacity, and in the case of partial incapacity thd weekly payment shall in no case exceed the difference between the amount of the average weekly earnings of the workman before the accident and the average weekly amount which he is earning or is able to earn in the same employment or otherwise after the accident, but shall amount to one-haU of such difference. In no event shall any compensation paid under this act exceed the damage suffered, nor shall any weekly payment payable under this act in any event exceed ten dollars a week or extend over more than three hundred weeks from the date of the accident. Such .payment shall continue for such period of three hundred weeks: Pro- vided, Total or partial disability continue during such period. No such payment shall be due or payable for any time prior to the giving of the notice required by section five of this act. Sec. 7. Any workman entitled to receive weekly payments under Medical exami- this act is required, if requested by the employer, to submit himself '^ti™^. for examination by a duly qualified medical practitioner or surgeon provided and paid for by the employer, at a time and place reason- ably convenient for the workman, within two weeks after the injury, and thereafter at interva,ls not oftener than once in a week. If the workman refuses to submit to such examination, or obstructs the same, his right to weekly payments shall be suspended until such examina- tion has taken place, and no compensation shall be payable during or for account of such period. Sec. 8. In case an injured workman shall be mentally incompetent Incompetent at the time when aziy right or privilege accrues to him under this act, P^"'^™^. the guardian of the incompetent appointed pursuant to law may, on behalf of such incompetent, claim and exercise any such right or priv- ilege with the same force and effect as if the workman himself had been competent and had claimed or exercised any such right or privilege, and no limitation of time in this act provided for shall run so long as said incompetent workman has no guardian. Sec. 9. Any question as to compensation which may arise under Proceedings in this act shall be determined by agreement or b^ an action at equity as ^l"*'?- hereinafter provided. In case the employer fail to make compensation as herein provided, the injured workman, or his guardian, ji such be appointed, or his executor or administrator, may then bring an action to recover compensation under this act in any court having jurisdic- tion of an action for recovery of damages for negligence for the same in- jury between the same parties. Such action shall be by petition in equity, which may be made returnable at the appropriate term of the superior court or may be filed in the office of the clerk of the superior court and presented in term time or vacation to any justice of said court, who on reasonable notice shall hear the parties and render judgment thereon. The judgment in such action if in favor of the plaintiff shall be for a lump sum equal to the amount of payments then due and prospectively due under this act. In such action by an execu- tor or administrator the judgment may provide the proportions of the award or the costs to be distributed to or between the several depend- ents If such determination is not made it shall be determined by the probate court in which such executor or administrator is appointed, in accordance with this act, on petition of any party interested, on such notice as such court may direct. Any employer who has declared his intention to act under the compensation features of this act shaU also have the right to apply by similar proceedings to the superior court or to any justice thereof for a determination of the amount of the weekly payments to be paid the injured workman, or of a lump sum to be paid the injured workman -in lieu of such weekly payments; and either such employer or workman may apply to said superior court or to any justice 328 APPENDIX — woekmen's compensation laws N. H. thereof in similar proceeding for the determination of any other ques- tion that may arise under the compensation feature of this act; and said court or justice, after reasonable notice and hearing, may make such order as to the matter in dispute and taxable costs as justice may re- quire. Payments pre- Sec. 10. Any person entitled to weekly payments under this act ferred. against any employer shall have the same preferential claim therefor against the assets of the employer as is allowed by law for a claim by such person against such employer for unpaid wages or personal services. Weekly payments due under this act shall not be assignable or subject to levy, execution, attachment or satisfaction of debts. Any right to receive compensation under this act shall be extinguished by the death of the person entitled thereto. Attorneys' Sec. 11. No claim of any attorney at law for any contingent interest claims. jj^ ^^y recovery under this act for services in securing such recovery or for disbursements shall be an enforceable lien on such recovery, unless the account of the same be approved in writing by a justice of the supe- rior court, or, in case the same be tried in any court, by the justice presiding at such trial. Beports. Sec. 12. Every employer subject to the provisions of this act shall from time to time make to the commissioner of labor such returns as to its operation as said commissioner may require upon blanks to be furnished by said commissioner. Any employer failing^to make such returns when required by said commissioner shall, until such returns are made, be subject to the provisions of section 2 of this act. Act in effect, Sec. 13. This act shall take effect January first, nineteen hundred ''^™- and twelve. Approved April 15, 1911. NEW JERSEY. ACTS OF 1911. Chapteb 95 (As amended by Chapter 174, Acts of 191S) — Employers' liaoility — Compensation of workmen for injuries. SECTION I. — employees' LIABILITY. Damages for 1. When personal injury is caused to an employee by accident personalinjury. arigijjg out of and in the course of his employment, of which the actual or lawfully imputed negligence of the employer is the natural and proximate cause, he shall receive compensation therefor from his em- Questions of ployer, provided the employee was himseK not willfully negligent at negligence. ^jj^g tmsB of receiving such injury, and the question of whether the employee was willfully negligent shall be one of fact to be submitted to the jury, subject to the usual superintending powers of a court to set aside a verdict rendered contrary to the evidence. Defenses abro- 2. The right to Compensation as provided by Section I of this act &^'^^^- shall not be defeated upon the ground that thfe injury was caused in any degree by the negligence of a fellow employee; or that the injured em- ployee assumed the risks inherent in or incidental to or arising out of his employment or arising from the failure of the employer to provide and maintain safe premises and suitable appliances; which said grounds of defense are hereby abolished. Employees of 3. If an employer enters into a contract, written or verbal, with aa contractors. independent contractor to do part of such employer's work, or it such contractor enters into a contract, written or verbal, with a subcontractor to do all or any part of such work comprised in such contractor's con- tract with the employer, such contract or subcontract shall not bar the liability of the employer under this act for injury caused to an employee of such contractor or subcontractor by any defect in the condition of the ways, works, machinery or plant if the defect arose or had not been discovered and remedied through the negligence of the employer or some one intrusted by him with the duty of seeing that they were in proper condition. This paragraph shall apply only to actions arising under section one. APPENDIX — WOKKMEW'S COMPEKSATIOlir LAWS — NEW JEESEY. 329 4. The provisions of paragraphs one, two and three shall apply to any Injuries causing claim for thedeathof an eniployee.arising under an act entitled "An act ^*^*- to provide for the recovery of damages in cases where the death of a person is caused by wrongful act, neglect or default," approved March third, eighteen hundred and forty-eight, and the amendments thereof and supplements thereto. 5. In all actions at law brought pursuant to Section I of this act, the Burdenofproof. biurden of proof to establish willful negligence in the injured employee shall be upon the defendant. 6. No claim for legal services or disbursements pertaining to any Attorneys' fees. demand made or suit brought under the provisions of this act shall be an enforceable lien against the amount paid as compensation^ unless the same be approved in writing by the judge or justice presiding at the trial, or in case of settlement without trial, by the judge of the circuit court of the district in which such issue arose: Provided, That if notice in writing be given the defendant of such claim for legal services or disbursements, the same shall be a lien against the amount paid as compensation, subject to determination of the amount and approval hereinbefore provided. SECTION II. — ELECTIVE COMPENSATION. 7 . When employer and employee shall by agreement either expressed Compe nsation or implied, as hereinafter providoci, accept the provisions of Section II V^y^"^^, when. of this act, compensation for personal injuries to or for the death of such employee by accident arising out of and in tho course of his employment shall be made by the employer without regard to the negligence of the employer, according to the schedule contained in paragraph eleven, in all cases except when the injury or death is intentionally selt- inflicted, or when intoxication is the natural and proximate cause of injury, and the burden of proof of such fact shall be upon the employer. 8. Such agreement shall be a surrender by the parties thereto of Method to be their rights to any other method, form or amount of compensation or ^^o'^'^s- determination thereof than as provided in Section II of this act, and an acceptance of all the provisions of Section II of this act, and shall bind the employee himself and for compensation for his death shall bind his personal representatives, his widow and next of kin, as well as the employer, and those conducting his business during bank- ruptcy or insolvency. 9. Every contract of hiring made subsequent to the time provided Presumptions for this act to take effect shall be presumed to have been made with ^ to contracts. reference to the provisions of Section II of this act, and unless there be as a part of such contract an express statement in writing, prior to any accident, either in the contract itself or by written notice from either party to the other, that the provisions of Section II of this act are not intended to apply, then it shall be presumed that the parties have accepted the provisions of Section II of this act and have agreed to be bound thereby. In the employment of minors. Section II shall be presumed to apply unless the notice be given by or to the parent or guardian of the minor. 10. The contract for the operation of the provisions of Section II of Termination of this act may be terminated by either party upon sixty days' notice in »gi'^«™™t- writing prior to any accident. 11. Following is the schedule of compensation: Compensation (a) For Injury producing temporary disability, fifty per centum of Temporary dis- the wages received at the time of injury, subject to a maximum com- ability; pensation of ten dollars per week and a minimum of five dollars per week: Provided, That if at the time of injury the employee receives wages of less than five dollars per week, then he shall receive the full amount of such wages per week. This compensation shall be paid during the period of such disability, not, however, beyond three hundred weeks. (b) For disability total in character and permanent in quality, fifty fl™^°?°'. ^ per centum of the wages received at the time of injury, subject to a "^^ ' ^' maximum compensation of ten dollars per week and a minimum of five dollars per week: Provided, That if at the time of injury the employee 330 APPENDIX workmen's COMPENSATION LAWS NEW JERSEY. receives wages of less than five doUars'per week, then he shall receive the full amount of wages per week. This compensation shall be paid during the period of such disability, not, however, beyond four hundred weeks. rartlal dJsar (c) For disability partial in character but permanent in quality, the billty. compensation shall be based upon the extent of such disability. In cases included by the following schedule the compensation shall be Schedule. that named in the schedule, to wit: For the loss of a thumb, fifty per centum of daily wages during sixty weeks. For the loss of a first finder, conimonly called index finger, fifty per centum of daily wages during thirty-five weeks. For the loss of a second finger, fifty per centum of daily wages during thirty weeks. For the loss of a third finger, fifty per centum of daily wages during twenty weeks. For the loss of a fourth finger, cormnonly called little finger, fifty per centum of daily wages during fifteen weeks. The loss of the first phalange of the thumb, or of any finger, shall be considered to be equal to the loss of one-half of such thunib, or finger, and compensation shall be for one-half of the periods of time above specified, and compensation for the loss of one-half of the first phalange shall be for one-fourth of the periods of time above specified. The loss of more than one phalange shall be considered as the loss of the entire finger or thumb: Providing, however, That in no case shall the amount received for more than one finger exceed the amount pro- vided in this schedule for the loss of a hand. For the loss of a great toe, fifty per centum of daily wages during thirty weeks. For the loss of one of the toes other than a great toe, fifty per centum of daily wages during ten weeks. For the loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe, and compensation shall be one- half of the amount above specified. The loss of more than one phalange shall be considered as the loss of the entire toe. For the loss of a, hand, fifty per centum of daily wages during one hxm- dred and fifty weeks. For the loss of an arm, fifty per centum of daily wages during two hundred weeks. For the loss of a foot, fifty per centum of daily wages durit^ one hundred and twenty-five weeks. For the loss of a leg, fifty per centum of daily wages during one hun- dred and seventy-five weeks. For the loss of an eye, fifty per centum of daily wages during one hundred weeks. The loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two thereof, shall constitute total and permanent disability, to be compensated according to the provisions of clause (b). In all other cases in this class, or where the usefulness of a njemoer or any physical function, is permanently impaired, the compensation shall bear such relation to the amounts stated in the above schedule as the disabilities bear to those produced by the injuries named in the schedule. Should the employer and the employee be unable to agree upon the amount of compensation to be paid in cases not covered by the schedule, the amount of compensation shall be settled according to the provisions of paragraph twenty hereof. The amounts specified in this clause are all subject to the same limi- tations as to maximum and minimum as are stated in clause (a). Death from In cage of the death of a person from any cause other than the acci- er cause. dent, during the period of payments for permanent injury, the remain- ing payments shall be paid to his or her dependents, according to the provisions of paragraph twelve of this act, or, if no dependents, the remaining amount due, but not exceeding one hundred^dollars, shall be paid in a lump sum to the proper person for funeral expenses. APPENDIX WORKMEN S COMPENSATION LAWS^NEW JERSEY. 331 12. In case of death compensation shall be computed, but not dis- Compensation tributed, on the following basis: for death. (1) Actual dependents. For one dependent, thirty-five per centum of wages. For two dependents, forty per centum of wages. For three dependents, forty-five per centum of wages. For four dependents, fifty per centum of wages. For five dependents, fifty -five per centum of wages. For six or more dependents, gixty per centum of wages. The term "dependents " shall apply to and include any or all of the following who are dependent upon the deceased at the time of accident or death, namely: husband, wife, parents, stepparents, grandparents, children, stepchildren, grandchildren, posthumous child, illegitimate children, brothers, sisters, half brothers, half sisters. Legally adopted children shall, in every particular, be considered as natural children: Provided, however, That dependency shall be presumed as to a widow who was living with her husband at the time of his decease, and chil- dren under the age of eighteen years,; stepchildren and illegitimate children shall be presumed to be dependent when they were part of the decedent's household at the time of his death. Every provision of this act applying to one class shall be equally applicable to the other. Should any dependent of a deceased employee die during the period covered by such weekly payments, or should the widow of a deceased employee remarry during such period, the right of such dependent or of such widow to compensation under this section shall cease. Compensation shall be computed upon the foregoing basis. Distri- bution shall be made among dependents, if more than one, according to the order of the judge of the court of common pleas, who shall, when applied to for that purpose, determine, upon the facts being presented to him, the proportion to be paid to or on behalf of each dependent according to the relative dependency. Payment on behalf of infants shall be made to the surviving parent, if any. (2) No dependents. Expenses of last sickness and burial, the cost of burial, however, not to exceed one hundred dollars. In computing compensation to orphans or other children, only those under eighteen years of age shall be included, and only during the period in which they are under that age, at which time payment on account of such child shall cease: Provided, however. That payments to such physically or mentally deficient children as are for such reason dependent shall continue during the full term of compensation pay- ment. The compensation in case of death shall be subject to a maximum Weakly seal*, compensation of ten dollars per week and a minimum of five dollars per week: Provided, That if at the time of the injury the employee receives wages of less than five dollars per week,-' then the compensa- tion shall be the full amount of such wages per week. This compen- sation shall be paid during three hundred weeks. Compensation under this schedule shall not apply to alien depend- ents not residents of the United States. 13.^ No compensation shall be allowed for the first two weeks after the injury received, except as provided by paragraph fourteen, nor in any case unless the employer has actual knowledge of the injury or is notified thereof within the period specified in paragraph fifteen. 14. During the first two weeks after the injury the employer shall furnish reasonable medical and hospital services and medicines, as and when needed, not to exceed fifty dollars in value, unless the em- ployee refuses to allow them to be furnished by the employer. 14. (a) Compensation for all classes of injuries shall run consecu- Sequence tively and not concurrently, as follows: First two weeks, medical and p^g^ion hospital services and medicines, as provided in paragraph fourteen, ments. After the first two weeks, compensation during temporary disability. Following both, either or none of the above, compensation consecu- tively for each permanent injury. Following any or all or none of the above, if death results from the accident, expenses of last sickness and Orphans. Aliens. Waiting time. Medical, services. etc.. of oom- pay. 332 APPENDIX WOEKMEn's compensation laws NEW JERSEY. burial. Following which compensation to dependents, if any. In no case shall the total number of weekly payments be more than four hundred. Notice. 15. Unless the employer shall have actual knowledge of the occur- rence of the injury, or unless the employee, or some one on his behaK, or some of the dependents, or some one on their behalf, shall give notice thereof to the employer within fourteen days of the occurrence of the injury, then no compensation shall be due until such notice is given or knowledge obtained. If the notice is given, or the knowledge obtained within thirty days from the occurrence of the injury, no want, failure or inaccuracy of a notice shall be a bar to obtaining compensa- tion, unless the employer shall show that he was prejudiced by such want, defect or inacciiracy, and then only to the extent of such preju- dice. If the notice is given, or the knowledge obtained within ninety days, and if the employee, or other beneficiary, shall show that his fail- ure to give prior notice was due to his mistake, iiiadver[t]ence, ignor- ance of fact or law, or inability, or to the fraud, misrepresentation or deceit of another person, or to any other reasonable cause or excuse, then compensation may be allowed, unless, and then to the extent only that the employer shall show that he was prejudiced by failure to receive sucli notice. Unless knowledge be obtained, or notice given, within ninety days after the occurrence of the injury, no compensatiqji shall be allowed. Service of no- 16. The notice referred to may be served personally upon the em- ''™' ployer, or upon any agent of the employer upon whom a summons may be served in a civil action, or by sending it through the mail to the employer at the last known residence or business place thereof within the State, and shall be substantially in the following form: To (name of employer) : You are hereby notified that a personal injury was received by (name of employe injured), who was in your employ at (place) while engaged as (nature of employment), on or about the ( ) day of ( ), nineteen hundred and ( ) and that compensation will be claimed therefor. Signed, ( ) but no variation from this form shall be material if the notice is suffi- cient to advise the employer that a certain employee, by name, received an injury in the course of his employment on or about a specified time, at or near a certain place. Notice served at the office of, or on the person who was the employee's immediate superior, shall be a com- pliance with this act. Medical exami- 17. After an injury, the employee, if so requested by his employer, nations. must submit himself for examination at some reasonable time ana place within the State, and as often as may be reasonably requested, to a physician or physicitos authorized to practice under the laws of this State. If the employee requests, he shall be entitled to have a physi- cian or physicians of his own selection present to participate in such examination. The refusal of the employee to submit to such exami- nation shall deprive him of the right to compensation during the con- tinuance of such refusal. When a right to compensation is thus sus- pended no compensation shall be payable in respect of the period of suspension. Disputes. 18. In case of a dispute over, or failure to agree upon a claim for compensation between employer and employee, or the dependents of the employee, either party may submit the claim, both as to questions of fact, the nature and effect of the injuries, and the amount of com- pensation therefor according to the schedule herein provided, to the judge of the court of common pleas of such county as would have juris- diction in a civil case, or where there is more than one judge of said court, then to either or any of said judges of such court, which judge is hereby authorized to hear and determine such disputes in a sum- mary mannerj and his decision as to all questions of fact shall be con- clusive and binding. Payment in 19. In case of death, where no executor or administrator is qualified, case 01 eat . ^j^g ^^^^ judge shall, by order, direct payment to be made to such per- son as would be appointed administrator of the estate of such, decedent APPENDIX WOEKMEk's COMPENSATION LAWS NEW JEESEY. 333 upon like terms as to bond for the ^proper application of compenBation payments as are required of adminoBtrators. 20. Procedure in case of dispute shall be as follows : Procedure, Either partjr may present a petition to said judge setting forth the names and residences of the parties and the facts relating to employ- ment at the time of injury, the injury in its extent and character, the amount of wages received at the time of injurjr, the knowledge of the employer or notice of the occurrence of said injury, and such other facts as may be necfessary and proper for the information of the said judge, and shall state the matter or matters in dispute and the conten- tion of the petitioner with reference thereto. This petition shall be verified by the oath or affirmation of the petitioner. Proceedings on behalf of an infant shall be instituted and executed by a guardian, and payment, if any shall be made to such guardian. Upon the presentation of such petition the same shall be filed with the clerk of the court of common pleas, and the judge shall by order fix a time and place for the hearing chereof , not less than three weeks after the date of the filing of said petition. A copy of said petition and order shall be served as summons in a civil action and may be served within six days thereafter upon the adverse party. Within seven days after the service of such notice the adverse party shall file an answer to said petition, unless the court for good cause shall grant further time, which shall admit or deny the substantial averments of the petition, and shall state the contention of the defendant with reference to the matters in dispute as disclosed by the petition. The answer shall be verified in like manner as required for a petition. Within thirty days after the final hearing the judge of the court of common pleas shall file his determination. At the time fixed for hearing or any adjournment thereof the said judge shall hear such witnesses as may be presented by each party, and in a summary manner decide the merits of the controversy. Tms determination shall be filed in writing with the clerk of the common pleas court, and judgment shall be entered thereon in the same man- ner as in causes tried in the court of common pleas, and shall contain a statement of facts as determined by said judge. The employer may once every month file receipt of payment verified by affidavit that the receipts are accurate and true, with the clerk of the court, which shall be entered in satisfaction of the judgment to the extent of such pay- ments . Subsequent proceedings thereon shall only b e for the recovery of moneys thereby determined to be due : Provided^ That nothing herein contained shall be construed as limiting the jurisdiction of the supreme court to review questions of law by certiorari. Costs may be awarded by said judge in his discretion, and when so awarded the same costs shall be allowed, taxed and collected as are allowed, taxed and col- lected for like services in the common pleas court. No agreement between the parties for a lessei^um than that which Agreements not may be determined by the judge of the court of common pleas to be ^'' due, shall operate as a bar to the determination of a controversy upon its merits, or to the award of a larger sum, if it shall be determined by the said judge that the amount agreed upon is less than the injured employee or his dependents are properly entitled to receive. 21. The compensation herein provided may be commuted by said Commutation court of common pleas, at its present value when discounted at five per P^J™™ ^■ centum simple interest, upon application of either party, with due notice to the other, if it appear that such commutation will be for the best interest of the employee or the dependents of the deceased em- ployee, or that it will avoid undue expense or undue hardship to either party, or that such employee or dependent has removed or is about to remove from the United States, or that the employer has sold or other- wise disposed of the greater part of his business or assets. _ In deterroining whether the commutation asked for will be for the best interest of the employee or the dependents of the deceased em- ployee, or that it will avoid undue expense or undue hardship to either party, the judge of the court of common pleas will constantly bear in mind that it is the intention of this act that the compensation payments are in lieu of wages, and arc to be received by the injured employee or his dependents in the same manner in which wages are ordinarily paid . 334 APPENDIX workmen's compensation laws NEW JEESEY. Therefore, commutation is a departure from the normal method of payment and is to be allowed only when it clearly appears that some unusual circumstances warrant such a departure. Commutation shall not be allowed for the purpose of enabling the injured employee, or the dependents of a deceased employee, to satisfy a debt, or to make payment to physicians, lawyers or any other persons. Attorneys' fees. When any proceedings have been taken under the provisions of para- graph twenty or paragraph twenty-one of this act, the judge of the court of common pleas shall, as a part of his determination and order, either for payment or for commutation of payment, settle and determine the amount of compensation to be paid by the injured employee or his dependents, on behalf of whom such proceedings are instituted, to his legal adviser or advisers, and it shall be unlawful for any lawyer, or other person acting in that behalf, to ask for, contract for or receive any larger sum than the amount so fixedj and in the order determining weekly payments where no commutation is made, the judge shall also determine the amount to be paid per week from the compensation pay- ment on account of the legal fee thus awarded, and it shall be unlawful for the legal adviser, or other person acting in that behalf, to ask for, contract for or receive a larger sum per week than the allowance thus determined. Violation of the restrictions contained in this clause shall constitute contempt of court and shall be punished accordingly. " ' An agreement or award of compensation may be modified at any time by a subsequent agreement, or at any time after one year from the time when the same became operative, it may be reviewed upon the appli- cation of either party on the ground that the incapacity of the injured employee has subsequently increased or diminished. In such case the provisions of paragraph seventeen with reference to medical examina- tion shall apply. - to 21. (a) At any time after the entry of the award, a sum equal to aU future installments of compensation may (where death or the nature of the injury renders the amount of future payments certain) by leave of court, be paid by the employer to any savings bank, trust company or life insurance company in good standmg and authorized to do business in this State and having an ofiice in the county in which the award was entered, and such sum, together with all interest thereon, shall there- after be held in trust for the employee or the dependents of the em- ployee, who shall have no further recourse against the employer. The payment of such sum by the employer, evidenced by the receipt of the trustee noted upon the docket of the clerk of the court, shall operate as a satisfaction of said award as to the employer. Payments from said fund shall be made by the trustee in the same amounts and at the same times as are herein required of the employer until said fund and inter- est shall be exhausted. _ In the appoiutment of the trustee, preference shall be given, in the discretion of the court, to the choice of the em- ployee or the depencrents of ft^e deceased employee. The expense of administration of such trust shall be fixed by me court and paid by the employer. Compens a t io n 22 . The right of compensation granted by this act shall have the same preferred. preference against the assets of the employer as is now or may hereafter be allowed by law for a claim for unpaid wages for labor. Claims or pay- Assignments, ments due under this act shall not be assignable, and shall be exempt from all claims of creditors and from levy, execution or attachment. Revision awards. Payments trustees. Definitions. SECTION m. — GBNBRAL PROVISIONS. 23. For the purposes of this act, willful negligence shall consist of (1) deliberate act or deliberate failure to act; or (2) such conduct as evi- dences reckless indifference to safety; or (3) intoxication, operating as the proximate cause of injury. Wherever in this act the singular is used the plural shall be included; where the masculine gender is used, the feminine and neuter shall be included. Employer is declared to be synonymous with master and includes natural persons, partnerships and corporations; employee is synony- mous with servant and includes all natural persons who perform service for another for financial consideration, exclusive of casual employments. APPBKDIX — workmen's COMPENSATION LAWS — NEW JEESEY. 335 Amputation between the elbow and the wrist shall be considered as the equivalent of the loss of a hand, and amputation between the knee and the ankle shall be considered as the equivalent of the loss of a foot. No agreement, composition or release of damages made before the Waivers.' happening of any accident, except the agreement defined in section two of this act, ehall be valid or shall bar a claim for damages for the injury resulting therefrom^ and any such agreement, other than that defined in section two herein, is declared to be against the public policy of this State. The receipt of benefits from any association, society oi fund to which the employee shall have been a contributor shall not bar the recovery of damages by action at law or the recovery of compensa- tion under section two hereof. Where a third person or corporation is liable to the employee or his L i a b u 1 1 y of dependents for an injury or death, the existence of a right of compensa- *"''* persons, tion from the employer under this statute shall not operate as a oar to the action of the employee or his dependents, nor be regarded as estab- lishing a measure of damage therein. 'However, in event that the em- ployee or his dependents shall recover from the said third person or cor- poration, a sum equivalent to or greater than the total compensation pajrments for which the employer is liable under this statute, the em- ptoyer shall be released thereby from the obligation of compensation. If, however, the sum so recovered from the third person or corporation is less than the total of compensation payments, the employer shall be liable only for the difference. The obligation of the employer under this statute to make compensation shall continue until the payment, if any, by such third person or corporation is made. Such employer shall file with the third person or corporation so liable, at any time prior to payment, a statement of the compensation agreement or award be- tween himself and his employee, or the dependents of the employee, and the employer shall thereafter be entitled to receive from such third person or corporation, upon the payment of any amount in release or in judgment by the third person or corporation on account of his or its lia- bility to the injured employee or his dependents, a sum equivalent to the amount of compensation payments which the employer has there- tofore paid to the injured employee or his dependents, which pay- ments shall be deducted by the tliird person or corporation from the sum paid in release or judgment to the injured employee or his dependents. Wherever in section two of this act the term " wages " is used, it shall Wages defined be construed to mean the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the acci- dent, and shall not include gratuities received from the employer or others, nor shall it include board, lodging or similar advantages received from the employer, unless the money value of such advantages shall have been fixed by the parties at the time of hiring. Where prior to the accident the rate of wages is fixed by the output of the employee, his weekly wages shall be taken to be six times his average daily earn- ings for a working day of ordinary length, excluding overtime. This rate of weekly wages shall be calculated by dividing the total value of the employee's output during the actual number of full working days daring the preceding six months, by the number of days the work- man was actually employed. All parts of this calculation shall refer to employment by the same employer. In case of personal injuries or death all claims for compensation on ^laim m one account thereof shall be forever barred unless within one year after the ^ • accident the parties shall have agreed upon the compensation payable under this act, or unless within one year after the accident one of the parties shall have filed a petition for adjudication of compensation as provided herein. .. . -r. *■* *• 24. In case for any reason any paragraph or any provision of this act Constitution- shall be questioned in any court and shall be held to be unconstitu- sStio^ofa^t tional or invalid, the same shall not be held to affect any other para- graph or provision of this act, except that Sections I and II are hereby declared to be inseparable, and if either section Tae declared_ void or inoperative in an essential part, so that the whole of such section must fall the other section shall fall with it and not stand alone. Section I of this act shall not apply in cases where Section II becomes operative 336 APPENDIX workmen's compensation laws NEW JERSEY. in accordance with the provisions thereof, but shall apply in all other cases, and in such cases shall be in extension of the common law. Prior injuries. 25. Every right of action for negligence, or to recover damages for injuries resulting in death, existing before this act shall take effect, is continued, and nothing in this act contained shall be construed as affecting any such right of action, nor shall the failure to give the notice provided for in Section II, paragraph fifteen of this act, be a bar to the maintenance of a suit upon any right of action existing before this act shall take effect. Repealer. 26. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Act in effect.- 27. This act shall take effect on the fourth day of July next succeed- ing its passage and approval. Approved April 4, 1911. Chapter 368. — Contracts of employment — Presumption as to election. Prior contracts. ^ SECTION 1. Every contract of biring, verbal, written or implied from circumstances, now in operation or made or implied prior to the time limited for the act to which this act is a supplement [chapter* 95, Acts of 1911] to take effect, shall, after this act takes effect, be presumed to Notice of rejeo- continue subject to the provisions of section two of the act to which this ion require . ^^^ jg ^ supplement, unless either party shall, prior to accident, in writing, notify the other party to such contract that the provisions of section two of the act to which this act is a supplement are not intended to apply. Act in effect. Sec. 2. This act shall take effect on the fourth day of July ne*t suc- ceeding its passage and approval. Approved May 2, 1911. ACTS OP 1912. Chapter 316. — Compensation of worhmen for injuries— Decisions to be reported. Commissioner Section 1. The clerk of each of the courts of common pleas in this decSons"™''^'^* State, whenever any order is filed Ijy the judge of such court making a decision upon any matter arising under the provisions of an act entitled "An act prescribing the liability of an employer to make compensation for injuries received by an employee in the course of employment, * * * [chapter 95, Acts of 19ir| establishing an elective schedule of compensation, and regulating procedure for the determination of lia- bility and compensation thereunder," approved April fourth, nineteen hundred and eleven, shall forthwith fojward to the commissioner of labor of the State of New Jersey a copy of the said order, which need not be certified, without any charge being made therefor. Approved April 1, 1912. ACTS OF 1913. of worl ployees. Chapter 145. — Compensation of workmen for injuries — Pullic em- ploy ^^Who entitled to SECTION 1. Every employee who shall 'he in the employ of the pensa ion. g^g^^g^ county, municipality or any.board or commission, or any other governing body, including boards of education, within this State, shall be compensated under and by virtue ot section two to which titis act is a supplement: Provided, however, That no person receiving a salary greater than twelve hundred dollars per year, nor any person holding an elective office shall he entitled to compensation: And provided fw- ther, That nothing herein contained shall be construed as affecting any pension fund now or hereafter provided by law. arftTbeS™*' ^^?- ^- '^^^'^ ^^^ Payment shall be due under the provisions of this supplement or the act to which it is a supplement, the name of the injured employee, or in case of his death, the names of the persons to whom payment is to be made as his dependents, shall be carried upon APPEITDIX — workmen's COMPENSATION' LAWS NEW JERSEY. 337 the pay roll, and payment shall be made in the same manner and from the same souice in which and from which the wages of the injured employee were paid. In event that any extraordinary payment larger than the weekly rate of compensation shall be due, such payment shall be made from any fund available for the maintenance or incidental expenses of the institution, department, board or governing body un- der and by which the employee was employed. Approved March 27, 1913. NEW YORK. CONSTITUTION. Akticlb 1. — Safety of workmen — Compensation for injuries. Section 19. Nothing contained in this constitution shall be con- Safety laws, strued to limit the power of the legislature to enact laws for the protec- tion of the lives, health, or safety of employees; or for the payment, either by employers, or by employers and employees or otherwise, either directly or through a State or other system of insurance or other- wise, of compensation for injuries to employees or for death of employees Compensat ion resulting from such injuries without regard to fault as a cause thereof, system, except where the injury is occasioned by the willful intention of the injured employee to bring about the injury or death of himself or of another, or where the injury results solely from the intoxication of the injured employee while on duty; or for the adjustment, determination and settlement J with or without trial by jury, of issues which may arise under such legislation; or to provide that the right of such compensa- Exclusive ram- tion, and the remedy therefor shall be exclusive of all other rights and ^^' remedies for injuries to employees or for death resulting from such injuries; or to provide that the amount of such compensation for death shall not exceed a fixed or determinable sum: Promded, That all moneys paid by an employer to his employees or their legal representa- tives, by reason of the enactment of any of the laws herein authorized, shall be held to be a proper charge in the cost of operating the business of the employer. Adopted November 4, 1913. CONSOLIDATED LAWS. Chapter 31. — Compensation of workmen for injuries. — JElective statute. (Sections 205 to 212 added by cliapter 352, Acts of 1910.) Section 205. When and if any employer in this State and any of his Consenttooom- employees shall consent to the compensation plan described in sections P^nsation plan, two hundred and six to two hundred and twelve, inclusive, of this article, hereinafter referred to as the plan, and shall signify their con- sent thereto in writing signed by each of them or their authorized agents, and acknowledged in the manner prescribed by law for taking the acknowledgment of a conveyance of real property, and such writing is filed with the county clerk of the county in which it is signed by the employee, then so long as such consent has not expired or been canceled as hereinafter provided, such employee, or in case injury to him results in death, his executor or administrator, shall have no other right of action against the employer for personal injury or death of any kind, under any statute or at common law, save under the plan so con- sented to, except where personal injury to the employee is caused in whole or in part by the failure of the employer to obey a valid order made by the commissioner of labor or other public authority authorized to require the employer to safeguard his employees, or where such in- jury is caused by the serious or willful misconduct of the employer. In such excepted cases thus described, no right of action which the em- Actions, ployee has at common law or by any other statute shall be affected or lost by his consent to the plan, if such employee, or in case of death his executor or administrator, commences such action before accepting any 22566°— S. Doc. 336, 63-2 ^22 338 APPENDIX workmen's compensation laws NEW YORK. benefit under such plan or giving any notice of injurjr as provided in section two hundred and six hereof. The commencing of any legal action whatsoever at common law or by any statute against the employer on account of such injury, except under the plan, shall bar the em- ployee, and in the event of his death his executors, administrators, dependents and other beneficiaries, from all benefit under the plan. Eailroada ex- This section and sections two hundred and six to two hundred and eluded. twelve, inclusive, of this article shall not apply to a railroad, eprpora- tion, foreign or domestic, doing business in this State, or a receiver thereof, or to any person employed by such corporation or receiver. Compensation Sec. 206. If personal injury by accident arising out of and in the payable, when, course of the employment is caused tp tbaemployee, the employer shall, subject as hereinafter mentioned, be liable to pay compensation under the plan at the rates set out in section two hundred and seven of this article: Provided, That the employer shall not be liable in respect of any injury which does not disable the employee for a_ period of at least two weeks from earning full wages at the work at which, he was employed, and that the employer shall not be liable in respect of any injury to liie employee which is caused by the serious and willfal misconduct of Notice. that employee. No proceedings for recovery under the plan provided hereby shall be maintained unless notice of the accident has been given to the employer as soon as practicable after the happening thereof and before the employee has voluntarily left the employment in which he was injured and during such disability, and unless claom for com- pensation with respect to the accident has been made within six months from the occurrence of the accident^ or in the case of death of the employee, or in the event of his physical or mental incapacity within six months after such death or removal of such physical or mental incapacity, or in the event that weekly payments have been made under the plan, within six months after such payments have ceased; but no want of or defect or inaccuracy of a notice shall be a bar to the maintenance of proceedings under the plan unless the employer proves that he is prejudiced by such want, defect or inaccuracy. Notice of the accident shall apprise the employer of the claim for compensation under this plan and shall state the name and address of the employee injured, the date and place of the accident and in simple language the cause therfeof . The notice may be served personally or by sending it by mail in a registered letter addressed to the employer at his last known residence or place of business. Amount pay- Sec. 207. The amount of compensation under the plan shall be: deLth"' "^^ 1- III case death results from injury: (a) If the employee leaves a widow or next of kin at the time of his death wholly dependent on his earnings, a sum equal to twelve hun- dred times the daily earnings of the employee at the rate at which he was being paid by the employer at the time of the accident, but not more in any event than three thousand dollars. Any weekly payments previously made under the plan shall be deducted in ascertaining such amount payable on death. (b) If such widow or next of kin or any of them are in part only dependent upon his earnings, such sum not exceeding that provided In subdivision (a) as may be determined to be reasonable and propor- tionate to the injury to such dependents. (c) If he leaves no widow, or next of kin so dependent in whole or in part, the reasonable expenses of his medical attendance and burial, not exceeding one hundred dollars. Whatever sum may be determined to be payable under the plan, in case of death of the injured employee, shall be paid to his legal representative for the benefit of such depend- ents, or if he leaves no such dependents, for the benefit of the person to whom the expenses of medical attendance and burial are due . Of incapacity. 2. Where total or partial incapacity for work at any gainful employ- ment results to the employee from the injury, a weekly payment com- mencing at the end of the second week after the injury and continuing during incapacity, subject as herein provided, not exceeding fiifty per centum of his average weekly earnings when at work on full time durmg the preceding year during which he shall have been in the employment of the same employer, or if he shall have been employed less than a APPENDIX workmen's COMPENSATION LAWS NEW YORK. 339 year, tkeiia weakly payment of not exceeding three times the average daily eamiags on full time for such less period. In fixing the amount of the weekly payment, regard shall be had to any payment, allowance or benefit which the workman may have re- ceived from the employer during the period of his incapacity, and in the case of partial incapacity the weekly payment shall in no case exceei the difference between the amount of the average weekly earn- ings of the workman before the accident and theaveiage am^ount which he is eamingor is able to earn in some suitable employment or business after the accident but shall amount to one-half of such difference. In no eventshaU any weekly payment payable under the plan exceed ten dollars per week or extend over more than eight years from the date, of the accident. Any person entitled to receive weekly payments under Medical examl- the plan is required, if requested by th«. employer, to submit himself nations, for examination by a duly qualified medical practitioner or surgeon provided and paid for by the emplojrer, at a time and place reasonably convenient for the employee, within three weeks after the injury, and thereafter at intervals not oftener than once in six weeks. If the work- man refuses so to submit or obstructs the same, his right to weekly pay- ments'shall be suspended until such examination sliall have taken place and no compensaition shall be payable under the plan during such period. In case an injured employee shall be mentally incompetent at the time when- any right, or privilege accrues to him under the plan, a committee or guardian of the incompetent appointed pursuant to law may, on behalf of such incompetent, claim and exercise any such right or privilege with the same force and effect as if the employee himself had been competent and had claimed or exercised any such right or privilege; and no limitation of time herein provided for shall run so long as said incompetent employee has: no committee or guardian. Sec. 208. Any question of law or fact arising in regard to the appUca- Settlement of tiou of the plan in determining the compensation payable thereunder °"'P"™s- or otherwise shall be determined either by agreement or by arbitration as provided in the code of civil procedure, or by an action at law as herein provided. In case the employer shall be in default in any of his obligations to the employee under the plan, the injured employee or his committee or guardian, if such be appointed, or his executor or administrator, may then bring an action to recover compensation under the plan in any court having jurisdiction thereof as on a wmtten con- tract. Such action shall be conducted.in the same manner as an action at law for the recovery of damages for breach of a written contract, and shall for all purposes, including the determination of j.urisdiction, be deemed such an action. The judgment in such action, in favor of the plaintiff, shall be for a lump sum equal to the amount of the payments then due and prospectively due.under the plan. In such action by an executor or administrator the judgment may provide the proportions of the award or the costs to be distributed to or between the several de- pendents. If such determination is not made it shall be deteiminBd by the surrogate's court by which such executor or administrator is appointed, in accordance with the terms of this article on petition of any party on such notice as such court may direct. Sbo. 209. Any person entitled to weekly payments under the plan Claims pre- against any employer shall have the same preferential claim, therefor '^"^^■ against the assets of the employer as now allowed by law for a claim by such person against such employer for unpaid wages or personal services. Weekly payments due under the plan shall not be assignable or subject to attachment, levy or execution. No claim of an attorney for any contingent interest in any recovery under the plan for services in secur- ing such recovery shall be an enforceable lien .thereon, unless the amount of the same be approved in writing by ajustice of the supreme court, or in case the same is tried in any court, before [by] the justiee presiding at such triai. Sac. 210. When a consent to the plan shall have been filed in the Cancellation oJ office of the county clerk as herein provided, it.shaU be binding upon <'™s™*- both parties thereto as long as the relation of employer and employee exists between the parties, and expire at the end of such emplaymemt, but it may at any time be canceled on sixty days' notice m writing 340 APPENDIX— WORKMEN 's COMPENSATION LAWS NEW YOEK. from either party to the other. Such notice of cancellation shall be effective only if served personally or sent by registered letter to the last known post-oflBce address of the party to whom it is addressed, but no notice of cancellation shall be effective as to a claim for injury occurring previous thereto. Eeports of con- Sbc. 211. Each employer who shall sign with any employee a consent '5™'- to the plan shall, within thirty days thereafter, file with the commis- sioner of labor a statement thereof, signed by such employer, which shall show (a) the name of the employer and his posit-oflSce address, (b) the name of the employee and his last known post-office address, (c) the date of and office where the original consent is filed, (d) the weekly wage of the employee at the time the consent is signed ; unless such statement is duly filed, such consent of the employee shall not be a bar to any proceeding at law commenced by the employee against the employer. Eeports of op- Sec. 212. Each employer of labor in this State who shall have entered orations. jj^^ ^jj^g pjj^jj yfji]^ any employee shall, on or before the first day of January, nineteen hundred and eleven, and thereafter and at such times as may be required by the commissioner of labor, make a report to such commissioners [commissioner] of all amounts, if any, paid by him under such plan to injured employees, stating the name of such employees, and snowing separately the amounts paid under agreement with the employees, and the amounts paid after proceedings at law, and the proceedings at law under the plan then pending. Such reports shall be verified by the employer or a duly authorized agent in the same manner as affidavits. Became a law May 24, 1910. ACTS OP 1913.- Chapter 816. — Compensation of worhmen for injuries — Compulsory statute. Article 1. Title. Section 1. This chapter shall be known as the "Workmen's Com pensation Law." Sbc. 2. Compensation provided for in this chapter shall be payable for injuries sustained or death incurred by employees engaged in the following hazardous employments: Hazardous em- Group 1. The operation, including construction and repair, of rail- ploymenta. -ways operated by steam, electric or other motive power, street rail- ways, and incline railways, but not their construction when constructed by any person other than the company which owns or operates the rail- way, including work of express, sleeping, parlor and dining car em. ployees on railway trains. Group 2. Construction and operation of railways not included iu group one. Group 3. The operation, including construction and repair, of car shops, machine shops, steam and power plants, and other works for the purposes of any such railway, or used or to be used in connection with it when operated, constructed or repaired by the company which owns or operates the railway. Group 4. The operation, including construction and repair, -of car shops, machine shops, steam and power plants, not included in group three. Group 5. The operation, including construction and repair, of tele- phone fines and wires for the purposes of the business of a telephone company, or used or to be used in connection with its business, when constructed or operated by the company. Group 6. The operation, including construction and repair, of tele- graph lines and wires for the purposes of the business of a telegraph company, or used or to be used in connection with its business, when constructed or operated by the company. Group?. Construction of telegraph and telephone lines not included in groups five and* six. APPENDIX — WOEKMEn's COMPENSATION LAWS — NEW YOKK. 341 Group 8. The operation, withiii or without the state, including repair, of vessels other than vessels of other states or countries used in inter- state or foreign commerce, when operated or repaired by the company. Group 9. Shipbuilding, including construction and repair in a ship- yard or elsewhere, not included in group eight. Group 10. Longshore work, including the loading or unloading of cargoes or parts of cargoes of grain, coalj ore, freight, general merchan- dise, lumber or other products or materials, or moving or handling the same on any dock, platform or place,' or in any warehouse or other place of storage. Group 11. Dredging, subaqueous or caisson construction, and pile driving. Group 12. Construction, installation or operation of electric light and electric power lines, dynamos, or appliances, and power trans- mission lines. Group 13. Paving; sewer and subway construction, work under com- pressed air, excavation, tunneling and shaft sinkmg, well digging, laying and repair of underground pipes, cables and wires, not included in other groups. Group 14. Lumbering; logging, river-driving, rafting, booming, saw mills, shingle mills, lath mills; manufacture of veneer and of excelsior; manufacture of staves, spokes, or headings. Group 15. Pulp and paper mills. Group 16. Manufacture of furniture, interior woodwork, organs, pianos, piano actions, canoes, small boats, cofiBns, wicker and rattan ware; upholstering; manufacture of mattresses or bed springs. Group 17. Planing mills, sash and door factories, manufacture of wooden and corrugated paper boxes, cheese boxes, moldings, window and door screens, window shades, carpet sweepers, wooden toys, articles and wares or baskets. Group 18. Mining; reduction of ores and smelting; preparation of metals or minerals. Group 19. Quarries; sand, shale, clay or gravel pits, Ume kilns; man- ufacture of brick, tile, terra-cotta, fire-proofing, or paving blocks, man- ufacture of calcium carbide, cement, asphalt or paving material. Group 20. Manufacture of glass, glass products, glassware, porcelain or pottery. Group 21. Iron, steel or metal foundries; rolling mills; manufacture of castings, forgings, havey engines, locomotives, machinery, safes, an- chors, cables, rails, shafting, wires, tubing, pipes, sheet metal, boilers, furnaces, stoves, structural steel, iron or metal. Group 22. Operation and repair of stationary engines and boilers, not included in other groups. Group 23. Manufacture of small castings or forgings, metal wares, in- struments, utensils, and articles, hardware, naUs, wire goods, screens, bolts, metal beds, sanitary, water, gas or electric fixtures, light ma- chines, typewriters, cash registers, adding machines, carriage mount- ings, bicycles, metal toys, tools, cutlery, instruments, photographic cameras and supplies, sheet metal products, buttons. Group 24. Manufacture of agricultural implements, threshing ma- chines, traction engines, wagons, carriages, sleighs, vehicles, automo- biles, motor trucks, toy wagons, sleighs, or baby carraiges. Group 25. Manufacture of explosives and dangerous chemicals, cor- rosive acids or salts, ammonia, gasoline, petroleum, petroleum prod- ucts, celluloid, gas, charcoal, artificial ice, gunpowder or ammunition. Group 26. Manufacture of paint, color, varmsh, oil, japans, turpen- tine, printing ink, printers' rollers, tar, tarred, pitched or asphalted paper. Grbup 27. Distilleries, breweries; manufacture of spirituous or malt liquors, alcohol, wine, mineral water or soda waters. Group 28. Manufacture of drugs and chemicals, not specified in group twenty-five, medicines, dyes, extracts, pharmaceutical or toilet prep- arations, soaps, candles, perfumes, noncorrosive acids or chemical preparations, fertilizers, including garbage disposal plants; shoe black- ing or polish. Group 29. Milling; manufacture of cereals or cattle foods, warehoua- ing; storage; operation of grain elevators. 342 APPENDIX workmen's compensation laws NEW YOBK. Group 30. Packing houses, abattoirs, manufacture or preparation of meats or meat products or glue. Grroup 31. Tanneries. (Jroiro 32. Manufacture of leatliffl; goods and products, belting, sad- dlery, namesB, trunks, valises, boots, skoes, gloves, umbrellas, rubber goods, rubber sboes, tubing, tires or hose. Group 33. Cajnning or preparation of fruit, vegetables, fish or food stuffs; pickle factories and sugar refineries. Group 34. Bakeries, including manufacture of crackers and biscuits, manufacture of confectionery, spices or condiments. Group 35. Manufacture of tobacco, cigaas, cigaarettes or tobacco prod- ucts. Group 36. Manufacture of cordage, ropes, fiber, brooms or brushes; manila or hemp products. Group 37. Flax mills; manufacture of textiles or fabrics, spinning, weaving and knittii^ manufactories; manufacture of yam, thread, hosiery, cloth, blankets, carpets, canvas, bags, shoddy or felt. Group 38. Manufacture of men's or women's clothing, white wear, shirts, collars, corsets, hats^ caps, furs or robes. Grroup 39. Power laundries; dyeing, cleaioing or bleachit^. Group 40. Printingj photo-engravmg, stereotyping, eleetrotyping, lithographiug, embossing; manufacture of stationery, paper, cardboam boxes, bags, or wall paper; and bookbinding. Group 41. The operation, otherwise than on tracks, on streets, high- ways, or elsewhere of cars, trucks, wagons or other vehicles, and rollers and engines, propelled by steam, gas, gascdine, electric, mechanical or other power or drawn by horses or mules. Group 42. Stone cutting or dressing; marble works; manufacture of artificial stone; steel building and badge construction; installation of elevators, fire escapes, boilers, engines or heavy machinery; brick- laying, tile laying, mason work, stone setting, concrete work, plaster- ing; and manufacture of concrete blocks; structural carpentry; painting, decorating or renovating; sheet metal work; roofing; consliuction, re- pair and demolition of buildings and bridges; plumbing, sanitary ot heating engineering; installation and covering of pipes or boilers. Definitions. Sec. 3. As used in this chapter, 1. "Hazardous employment" means a work or occupation described in section two of this chapter. 2. "Commission" means the State workmen's compensation com- mission, as constituted by this chapter. 3. "Employer," except when otherwise expressly stated, means a person, partnership, association, corporation, and the legal representa- tives of a deceased employer, or the receiver or trustee of a person, partnership, association or corporation, employing workmen in hazard- ous employments; but does not include the State or a municipal cor- poration or other political subdivdaion thereof. 4. "Employee' means a person who is engaged in a hazardous em- ployment m the service of an employer carrying on or conducting the same upon the premises or at the plant, or in the course of his employ- ment away from the plant of his employer; and shall not include farm laborers or domestic servants. 5. "Employment" includes employment only in a trade, business or occupation carried on by the employer for pecuniary gain. 6. "Compensation" means the money allowance payable to an em- ployee or to his dependents as provided for in this chapter;, and in- cludes funeral benefits provided therein. 7. "Injury" and "personal injury" mean only accidental injuries arising out of and in the course of employment and such disease or infection as may naturally and unavoidably result therefrom. 8. "Death " when mentioned as a ba^ for the right to compensation means only death resulting from such injury. 9. "Wages" means the money rate at which the service rendered is recompensed under the ccmtraot of hiring in force at the time of the accident, including the reasonable value of board, rent, housing, lodg- ing or similar advantage received from the employer. 10. "State fund" means the State insurance .fund provided for in article five of this chapter. APPENDIX — WOEKMEk's COMPENSATION LAWS — NEW YORK, 343 11. "Child" shall include a posthumous child and a child legally adopted prior to the injury of the employee. 12. "Insurance carrier shall include the State fimd, stock corpora- tions or mutual associations with which employers have insured, and einployiers permitted to pay compensation directly under the provi- sions of subdivifiion three of section fifty. Article 2. Section 10. fivery employer subject to the provisions of this Compensation chapter shall pay or provide as required by this chapter compensation P*ya°i«> wnen. according to the schedules of this article for the disability or death of his employee resulting from an accidental personal injtiry sustained by the employee arising out of and in the course of his employment, without regard to fault as a cause pf such injury, except where tie injury is occasioned by the willful intention of the injured employee to brmg about the injury or death of himself or of another, or where the injury results solely from the intoxication of the injured employee while on duty. Where the injury is occasioned by the willful intention of the injured employee to bring about the injury or death of himself or of another, or where the injury results solely from the intoxication of the injured employee while on duty, neither the injured employee nor any dependent of such employee Miall receive compensation under this chapter. Sbc. 11. The liability prescribed by the last preceding section shall Failure of em- be exclusive, except tiat if an employer fail to secure the payment of parents. ^*""™ compensation for his injured employees and their dependents as pro- vided in section fifty of this chapter, an injured employee, or his legal representative in case death results from the injury, may, at his option^ elect to claim compensation under this chapter, or to maintain an action in the courts for damages on account of such injury; and in such an action the defendant may not plead as a defense that the injury was caused by the negligence of a fellow servant or that the employee assumed the risk of his employment, or that the injury was due to the contributory negligence of the employee. SBd. X'2. No compensation shall be allowed for the first fourteen days Waiting time, of disability, except the benefits provided for in section thirteen of this chapter. Sec. 13. TThfe eraployer shall promptly provide for an injured em- Medical, etc., ployee such medical, surgjoal or other attendance or treatment, nurse ""®" and hospital service, medicines, crutches and apparatus as may be re- (juired or be requested by the einjiloyee, during sixty days aiter the injury. If the employer fail to provide the same, the injured employee may do so at the expense of the employer. The employee shall not be entitled to recover a^y amount expended by him for such treatment or services unless he shall have requested the employer to furnish the same and the employer shall have refused or neglected to do so. All fees and other charges for such treatment and services shall be subject to reflation by the com mission as provided in section twenty-four of this chapterj and shall be limited to such charges as prevail m the same comraunity for similar treatment of injured persons of a like standard of living. SfiC. 14. Except as Otherwise provided in this chapter, the average IffV'^ '"'™' weekly wages of the injured employee at the time of the injury shall *" ® ' °"^" be taken as the basis upon which to compute compensation or death benefits, and shall be determined as follows: 1. If the injured employee shall have worked in the employment in which he was working at me time of the accident, whether for the same employer or not, during substantially the whole of the year immediately preceding his injury, his average annual earnings shall consist of three hundred times the average daily wage or salary which he shall have earned ila such employment during the days when so employed; 2. It the injuted employee shall not have worked in such employ- ment during substantially the whole of such year, his average anhtial eattBngs shall consist of three hundred times the average daUy *age or salary which an employee of the same class working substatitiaily the 344 APPENDIX workmen's compensation laws NEW YOKK. whole of such immediately preceding year in the same or in a similar employment in the same or a neighboring place shall have earned m such, employment during the days when so employed; 3. If either of the foregoing methods of arriving at the annual average earnings of an injured employee cannot reasonably and fairly be applied, such annual earnings shall be such sum as, having regard to the previous earnings of the injured employee and of other employees of the same or most similar class, working m the same or most similar employment in the same or neighboring locality, shall reasonably rep- resent the annual earning capacity of the injured employee in the employment in which he was working at the time of the accident; 4. The average weekly wages of an employee shall be one-fifty- second part of his average annual earnings; 5. If It be established that the injured employee was a minor when injured, and that under normal conditions his wages would be ex- pected to increase, the fact may be considered in arriving at his aver- age weekly wages. Compensation Sec. 15. The following schedule of compensation is hereby estab- '<"- < lished: Total penna- ■ 1. Total permanent disability. In case of total disability adjudged nent disabflity; ^ ^^e perinanent sixty-six and two-thirds per centum of me average weekly wages shall be paid to the employee during the continuance of such total disability. Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two thereof shall, in the absence of conclusive proof to the contrary, constitute permanent total disability. In all other cases permanent total disability shall be determined in accordance with the facts. Temporary dis- 2. Temporary total disability. In case of temporary total disability, ability; sixty-six and two-thirds per centum of the average weekly wages shall be paid to the employee during the continuance thereof, but not in excess of three thousand five hundred dollars, except as otiierwise pro- vided in this chapter. Partial dis a- 3. Permanent partial disability. In case of disability partial in '''^'y- character but permanent in quality the compensation shall be sixty- six and two-thirds per centum of the average weekly wages and shall be paid to the employee for the period named in the schedule as follows: Scbeduie. Thumb. For the loss of a thumb, sixty weeks. First finger. For the loss of a first finger, commonly called index finger, forty-six weeks. Second finger. For the loss of a second finger, thirty weeks. Third finger. For the loss of a third finger, twenty-five weeks. Fourth finger. For the loss of a fourth finger, commonly called the little finger, fifteen weeks. Phalange of thumb or finger. The loss of the first phalange of the thumb or finger shall be considered to be equal to the loss of one-half of such thumb or finger, and compensation shall be one-half of the amount above specified. The loss of more than one phalange shall be con- sidered as the loss of the entire thumb or finger; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand. Great toe. For the loss of a great toe, thirty-eight weeks. _ Other toes. For the loss of one of the toes other than the great toe, sixteen weeks. _ Phalange of toe. The loss of the first phalange of any toe shall be con- sidered to be equal to the loss of one-half of said toe, and the compensa- tion shall be one-half of the amount specified. The loss of more than one phalange shall be considered as the lose of the entire toe. Hand. The loss of a hand, two hundred and forty-four weeks. Arm. For the loss of an arm, three hundred and twelve weeks. Foot. For the loss of a foot, two hundred and five weeks. Leg. For the loss of a leg, two hundred and eighty-eight weeks. Eye. For the loss of an eye, one hundred and twenty-eight weeks. Loss of use. Permanent loss of the use of a hand, arm, foot, leg, or eye shall be considered as the equivalent of the loss of such hand, arm, foot, leg or eye. Amputations. Amputation between the elbow and the wrist shall be considered as the equivalent of the loss of a hand. Amputation APPENDIX WOEKMEn's COMPENSATION LAWS NEW YORK. 345 between the knee and the ankle shall be considered as the equivalent of the loss of a foot. Amputation at or above the elbow shall be con- sidered as the loss of an arm. Amputation at or above the knee shall be considered as the loss of the leg. The compensation for the foregoiag specific injuries shall be in lieu of all other compensation, except the benefits provided in section thirteen of thia chapter. Other cases. In all other cases in this class of disability, the com- pensation shall be sixty-six and two-thirds per centum of the differ- ence between his average weekly wages and his wage-earning capacity thereafter in the same employment or otherwise, payable during the continuance of such partial disability, but subject to reconsideration of the degree of such impairment bythe commission on its own motion or upon application of any party ia interest. 4. Temporary partial disabihty. In case of temporary partial dis- ability, except the particular cases mentioned in subdivision three of this section, an injured employee shall receive sixty-six and two- thirds per centum of the difference between his average weekly wages and his wage earning capacity thereafter in the same employment or otherwise during tho continuance of such partial disabihty, but not in excess of three thousand five hundred dollars, except aa otherwise provided in this chapter. 5. Limitation. The compensation payment under subdivisions Minimum and one, two and four and under subdivision three except in case of the ™|n™"™ ^^^' loss of a hand, arm, foot, leg or eye, shall not exceed fifteen dollars per week nor be less than five dollars per week; the compensation payment under subdivision three in case of the loss of a hand, arm, foot, leg or eye, shall not exceed twenty dollars per week nor be less than five dollars a week; provided, however, that if the employee's wages at the time of injury are less than five dollars per week he shall receive his full Weekly wages. 6. Previous disability. The fact that an employee has suffered . Previous in- previous disability or received compensation therefor shall not pre- ^"^^ elude him from compensation for a later injury nor preclude com- pensation for death resulting therefrom; but in determining compen- sation for the later injury or death his average weekly wages shall be such sum as will reasonably represent his earning capacity at the time of the later injury. Sec. 16. If the injury causes death, the compensation shall be known Death, as a death benefit and shall be payable in the amount and to or for the benefit of the persons following: 1. Reasonable funeral expenses, not exceeding one hundred dollars; 2. If there be a surviving wife (or dependent husband) and no child of the deceased under the age of eighteen years, to such wife (or de- pendent husband) thirty per centum of the average wages of the de- ceased during widowhood (or dependent widowerhood) with two years' compensation in one sum, upon remarriage; and if there be surviving child OT children of the deceased under the age of eighteen years, the additional amount of ten per centum of such wages for each such child until of the age of eighteen years, provided that the total amount payable shall in no case exceed sixty-six and two-thirds per centum of such wages. 3. If there be surviving chUd or children of the deceased under the age of eighteen years, but no surviving wife (or dependent husband) then for the support of each such child until of the age of eighteen years, fifteen per centum of the wages of the deceased, provided that the aggregate shall in no case exceed sixty-six and two-thirds per centum of such wages. 4. If the amount payable to surviving wife (or dependent husband) and to children under the age of eighteen years snail be less in the aggregate than Bixty-six and two-thirds per centum of the average wages of the deceased, then for the support of grandchildren or brothers and sisters under the age of eighteen years, if dependent upon the de- ceased at the time of the accident, fifteen per centum of such wages for the support of each such person until of the age of eighteen years; and for the support of each parent, or grandparent, of the deceased if de- pendent upon him at the time of the accident, fifteen per centum of 346 APPENDIX workmen's compensation laws NEW yOKK. Aliens. Notice jury. ol in- such wages during such dependency. But in no case shall the aggregate amount payable under this subdivision exceed the difference between eixty-giK and two-thirds per centum of such Wages, and the amount payable as hereinbefore provided to surviving wife (or dependent husband) or for the support of surviving child or children. Any excess of wages over one hundred dollars a month shall not be taken into account in computing compensation under this 'section. All questions of dependency shall be determumed as of the time of the accident. Sec. 17. Compensation under this chapter to ahens not reaideJitB (or about to become nonresidents) of the United States or Canada, shall be the same in amount as provided for residente, except that the commis- sion may, at its option, or, upon the application of the insurance carrier, shall, commute all future installmente of compensation, to be paid to such aliens, by paying or causing to be paid to them one-half of the commuted amount of such future installments of compemsatiGn as de- tramined by the commission. Sec. 18. Notice of an injury for which compenrntioa is payable under this chapter shall be given to the cOmtoisHion and to the employer within ten days after disability, and also in case of the dBath of the employee resulting from such injury, within thirty days after such death. Such notice may be given by any person claiming to be en- titled to compensation, or by some one in his behalf. The notice shall be in writing, and contain the name and address of the employee, and state in ordinary language the time, place, nature and cause of Ijie injury, and be signed by him or by a person on his behalf or, in case of death, by any one or more of his dependents, or by a person on their behalf. It shall be given to the commission by sending it by mail, by registered letter, addressed to the commission at its "office. St ebsUl be ^ven to the employer by delivering it to him or sending it by mail, by registered letter, addressed to the employer at his or its last known place of residence; provided that, if the employer be a partnership then such notice may be so given to any one of the partners, and if the employer be a corporation, then such notice may be given to any agent or officer &ereof upon whom legal process may be served, or aaiy agent in charge of the busiuess in the place where the injury occuired. The failure to give such notice, unless excused by the commission either on the ground that notice for some sufficient reason could not have been given, or on the ground that the state fund, insurance company, or employer, as the case may be, has not been prejudiced thepeby, shall be a bar to any claim under this chapter. Sec. 19. An employee injured claiming or entitled to compensation under this chapter shall, if requested by the commissiom, submit him- self for medical examination at a time, and from time to lime, at a place reasonably convenient for the employee, and as may be provided by the rules of the commission. If the employee or the insurance carrier request he shall be entitled to have a phyacian or physicians of his own selection to be paid by him present to participate in such examination. It an employee refuse to submit himself to examination, his right to prosecute any proceeding under this chapter shall be suspended, and no compensation shall be payable, for the period of such refusal. Detenuination Sec. 20. At any time after the expiration of the first fourteen days of claims. ^f disability onthe part of an iujured employee, or at any time after his death, a claim for compensation may be presented to tliie commis- sion. The commission shall have full power and authority to deter- mine all questions in relation to the payment of claims for compensa- tion under the provisions of this_ chapter. _ The commission shall make or cause to be made such investigation as it deems necessary, and upon application of either party, shall order a heariaog, and within thirty days after a claim for compensation is submitted under this section, or such hearing closed, shall make or deny an award, detertnining such claim for compensation, and file the same in the office of the commis- sion, together with a statement of its conclusions oi fact and rulingsof law. The commission may, before makinganawaid,requiret!hecliiiimaiit to appear before an arbitraticm committee appointed by it and con- sisting of one representative of employees, one representative olem- ployers, and either a member of the commission or a person specaally Medical exami- nations. APPENDIX workmen's COMPENSATION LAWS NEW YOEK. 347 deputized by the commission to act as chainnan, before which the evi- dence ia regard to the claim shall be adduced and by which it shall be considered and reported upon. Immediately after such filing the commission shall send to the parties a copy of the decision. Upon a hearittg pursuant to this section either jarty may present evidence and be represented by counsel. The decision of the commission shall be final as to all questions of fact, and, except as provided in section twenty-three, as to all questions of law. Sec. 21. In any proceeding for the enforcement of a claim for com- Presumptions, pensation imder this chapter, it shall be presumed ia the absence of substantial evidence to the contrary 1. That the claim comes within the provisions of this chapter; 2. That sufficient notice thereof was given; 3. That the injury was not occasioned_ by the willful intention of the injured employee to bring about the injury or death of himself or of another; 4. That the injury did not result solely from the intoxication of the injured employee while on duty. Sec. 22. Upon its own motion or upon the application of any party Modifloation of in interest, on the ground of a change in conditions, the commission ^^^'"ds- may at any time review any award, and, on such review, may make an award ending, diminishing or increasing the compensation previously awarded, subject to the maximum or minimum provided in this chap- ter, and shall state its conclusions of fact and rulings of law, and shall immediately send to the parties a copy of the award. No such review shall affect such award as regards any moneys already paid. Sec. 23. An award or decision of the commission shall be final and Appeals, conclusive upon all questions within its jurisdiction, as against the State fund or between the parties, unless within thirty days after a copy of such award or decision has been sent to the parties, an appeal be taken to the appellate division of the supreme court of the third depart- ment. The commission may also, in its discretion, where the claim for compensation was not made against the State fund, on the applica- tion of either party, certify to such appellate division of the supreme court, questions of law involved in its decision. Such appeals and the questions so certified shall be heard in a summary manner and shall have precedence over all other civU cases in such court. The commis- sion shall be deemed- a party to every such appeal, and the attorney general, without extra compensation, shall represent the commission thereon. An appeal may also be taken to the court of appeals in all cases where such an appeal would lie from a decision of an appellate division, in the same manner and subject to the same limitations as is now provided in civil actions. Otherwise such appeal shall be subject to the law and practice applicable to appeals id civil actions. Upon the final determination oi such an appeal, the commission shall make an award or decision in accordance therewith. Sec. 24. If the commission or the court before which any proceedings Costs and fees, for compensation or concerning an award of compensation have been brought, under this .chapter, determines that such proceedings have not been so brought upon reasonable ground, it shall assess the whole cost of the proceedings upon the party who has so brought them . Claims for legal services in connection with any claim arising under this chap- ter, and claims for services or treatment rendered or supplies furnished pursuant to section thirteen of this chapter, shall not be enforceable unless approved by the commission. If so approved, such claim or claims shall become a lien upon the compensation awarded, but shall be paid therefrom only in the manner fixed by the commission. Sec. 25. Compensation under the provisions of this chapter shall be Payments. payable periodically, in accordance with the method of payment of the wages of the employee at the time of his injury or death, and shall be so provided for in any award; but the commission may determine that all payments or payments as to any particular group may be made monthly or at any other period, as it may deem advisable. The commission, whenever it shall so deem advisable, may commute such periodical payments to one or more lump sum payments, provided the same shall be in the interest of justice . If the award requires payment of compen- sation otherwise than from the State fund all payments as required by 348 APPENDIX workmen's compensation laws NEW YORK. the award shall be made directly to the commission or to a deputy spe- cially authorized to receive the same, and disbursed in accordance with its award to the person entitled thereto. And employers and insurance companies shall for such purpose be permitted, or when necessary to protect the interest of the beneficiary may be required, to make deposits to secure the prompt and convenient payment of such compensation. Enforcement of Sec. 26. If payment of compensation, or an installment thereof, due payments. under the terms of an award, be not made within ten days after thesame is due, by the employer or insurance corporation liable therefor, the amount of such payment-shall constitute a liquidated claim for damages against such employer or insurance corporation, which with an added penalty of fifty per centum may be recovered in an action to be insti- tuted by the commission in the name of the people of the State. If such default be made in the payment of an installment of compensation and the whole amount of such compensation be not due, the commission may, it the present value of such compensation be computable, declare the whole ajnount thereof due, and recover the amount thereof with the added penalty of fifty per centum, as provided by this section. Any such action may be compromised by the commission or may be prose- cuted to final judgment as, in the discretion of the commission, may best serve the interests of the persona entitled to receive the compen- sation or the benefits. Compensation recovered under this section shall be disbursed by the commission to the persons entitled thereto in accordance with the award. A penalty recovered pursuant to this section shall be paid into the state treasury, and be applicable to the expenses of the commission. Deposits. Sec. 27. If an award under this chapter requires payment of com- pensation by an employer or an insurance corporation in periodical payments, and the nature of the injury makes it possible to compute the present value of all future payments with due regard for life con- tingencies, the commission may, in its discretion, at any time, com- pute and permit or require to be paid into the State fund an amount equal to the present value of all impaid compensation for which lia- bility exists, in trust; and thereupon such employer or insurance corporation shall be discharged from any further liability undef such awaid and payment of the same shall be assumed by the State fund. Limitations. Sec. 28. The right to claim compensation imder this chapter shall be forever barred unless within one year after the injury, or if death result therefrom, within one year after such death, a claim for com- pensation thereunder shall be filed with the commission. Subrogation of Sec. 29. If a workman entitled to compensation under this chapter p™ye?s rights.™' ^® injured or killed by the negligence or wrong of another not in the same employ, such injured workman, or in case of death, his depend- ents, shall, before any suit or claim under this chapter, elect whether to take compensation under this chapter or to pursue his remedy against such other. Such election shall be evidenced in such manner as the commission may by rule or regulation prescribe. If he elect to take compensation under this chapter, the cause of action against such other shall be assigned to the State for the benefit of the State insiuance fund, if compensation be payable therefrom, and otherwise to the per- son or association or corporation liable for the payment of such compen- sation, and if he elect to proceed against such other, the State insurance fund, person or association or corporation, as the case may be, shall contribute only the deficiency, if any, between the amount of the recovery against such other person actually collected, and the compen- sation provided or estimated by this chapter for such case. Such a cause of action assigned to the State maybe prosecuted or compromised by the commission. A compromise of any such cause of action by the workman or his dependents at an amount less than the compensation provided for by this chapter shall be made only with the written approval of the commission, if the deficiency of compensation would be payable from the State insurance fund, and otherwise with the written approval of the person, association or corporation liable to pay the same, ^^"lusion of Sec. 30. No benefits, savings or insurance of the injured employee, otner bene&ts. independent of the provisions of this chapter, shall be considered in determining the compensation or benefits to be paid under this chap- ter. APPENDIX workmen's COMPENSATION LAWS NEW YOEK. 349 Sbo. 31. No agreement by an employee to pay any portion of the Contributions premium paid by his employer to the State insurance fund or to con- ^^ employees, tribute to a benefit fund or department maintained by such employer or to the cost of mutual insurance or other insurance, main tainea for or carried for the purpose of providing compensation as herein required, shall be valid, and any employer who makes a deduction for such pur- pose from the wages or salary of any employee entitled to the benefits of this chapter shall be guilty of a misdemeanor. _ Sec. 32. No agreement by an employee to waive his right to com- Waivers, pensation under this chapter shall be valid. Sec. 33. Claims for compensation or benefits due under this chapter Assignments, shall not be assigned, released or commuted except as provided by this *"•■ "'oiauns. chapter, and shall be exempt from all claims of creditors and from levy, execution and attachment or other remedy for recovery or collection of a debt, which exemption may not be waived. Compensation and bene- ' fits shall be paid only to employees or their dependents. Sec 34. The right of compensation granted by this chapter shall Preferences, have the same preference or lien without limit of amount against the assets of the employer as is now or hereafter may be allowed by law for a claim for unpaid wages for labor. Article 3. Sec. 50. An employer shall secure compensation to his employees Guaranty of in one of the following ways: payments. 1. By insuring and keeping insured the payment of such compensa- tion in the State fund, or 2. By insuring and keeping insured the payment of such compen- sation with any stock corporation or mutual association authorized to transact the business of workmen's compensation insurance in this State. If insurance be so effected in such a corporation or mutual association the employer shall forthwith file with the commission, in form prescribed by it, a notice specifying the name of such insurance corporation or mutual association together with a copy of the contract or policy of insurance. _ 3. By furnishing satisfactory proof to the commission of his financial ability to pay such compensation for himself, in which case the com- mission may, in its discretion, require the deposit with the commis- sion of securities of the kind, prescribed in section thirteen of the insurance law, in an amount to be determined by the commission, to secure his liability to pay the compensation provided in this chapter. If an employer fail to comply with this section, he shall be liable to a penalty for every day during which such failure continues of one dollar for every employee, to be recovered in an action brought by the commission. The commission may, in its discretion, for good cause shown, remit any such penalty, provided the employer in default secure compensa- tion as provided in this section Sec 51. Every employer who has complied with section fifty of this Notice to be chapter shall post and maintain in a conspicuous place or places in and P°^'^°- about his place or places of business typewritten or printed notices in form prescribed by the commission^ stating the fact that he has com- Elied with all the rules and regulations of the commission and that he as secured the payment of compensation to his employees and their dependents in accordance with the provisions of this chapter. Sec. 52. Failure to secure the payment of compensation shall have Employer's fail- the effect of enabling the injured employee or his dependents to main- cent's ^^"™^^'''' tain an action for damages in the coiui;s, as prescribed by section eleven of this chapter. Sec. 53. An employer securing the payment of compensation by Payments to contributing premiums to the State fundshall thereby become relieved fg*^g'^ '"™'^ * ^^ from all liability for personal injuries or death sustained by his em- ployees, and the persons entitled to compensation under this chapter shall have recourse therefor only to the State fund and not to the employer. An employer shall not otherwise be relieved from the liability for compensation prescribed by this chapter except by the payment thereof by himself or his insurance carrier. 350 APPENDIX workmen's COMPENSATION LAWS NEW YOBK. Insurers di- Sbc. 54. 1. Every policy of inexuance covering the liability of the rectly liable. employer for compensation issued by a, stock company or by a mutual association authorized to transact workmen's compensation insurance in this State shall contain a provision setting forth the rightof the com- mission to enforce in the name of the people of the State of New York for the benefit of the person entitled to the compensation insured by the policy either by filing a separate application or by making the insurance carrier a party to the original application, the liability of the insurance carrier in whole or in part for the payment of such compensa- tion; provided, however, that payment in whole or in part of such compensation by either the employer or the insurance carrier shall to the extent thereof be a bar to the recovery agaioet the other of the amount so paid. Community of 2. Every such policy shall contain a provision that, as between the knowledge. employee and the insurance carrier, the notice to or knowledge ofthe occurrence of the injury on the part of the employer shall be deemed notice or knowledge, as the case may be, on the part of the insurance carrier; that jurisdiction of the employer shall, for the purpose of this chapter, be jurisdiction of the insurance carrier and that the insurance earner shall in all things be bound by and subject to the orders, find- ings, decisions or awards rendered against the employer for the pay- ment of compensation under the provisions of this chapter. Insolvency of 3. Every such policy shall contain a provision to the effect that the BRiploxCTs^ insolvency or bankruptcy of the employer shall not relieve the insur- ance earner from the payment of compensation for injuries or death sustained by an employee during the life of such policy. Agreements to 4. Every contract or agreement of an employer the purpose of which limit indemnity. ^ ^^ indemiufy him from loss or damage on accoimt of the injury of an employee by accidental means, or on account of the negligence of such employer or his officer, agent or servant, shall be absolutely void unless it shall also cover Habihty for the payment of the compensation pro- vided for by this chapter. Cancellation of 5. No contract of insurance issued by a stock company or mutual contracts of m- association against liability arising under this chapter shall be can- celled within the time limited in such contract for its expiration until at least ten days after notice of intention to cancel such contract, on a date specified in such notice, shall be filed in the ofiice of the commis- sion and also served on the employer. Such notice shall be served on the employer by delivering it to him or by sending it by mail, by registered letter, addressed to the employer at his or ite last known place of residence; provided that, if the employer be a partnership, then such notice may be so given to any one of the partners, and it the employer be a corporation, then the notice may be given to any agent or officer of the corporation upon whom legal process may be served. Article 4- Compensation SECTION 60. A State workmen's compensation commisaion is hereby commission. created, consisting of fiive commissioners, to be appointed by the gov- ernor, by and with the advice and consent of the senate, one of whom shall be designated by the governor as chairman . The commissioner of labor shall also be an ex officio member of the commission but shall not have a vote on orders, decisions or awards. Appointments may be made during the recess of the senate, but shall be subject to confirmation by the senate at the next ensuing session of the legislature. The term of office of appointive members of the commission shall be five years, except that the first members thereof shall be appointed for such terms that the term of one member shall expire on January first, nineteen hundred and sixteen, and on January first of every succeeding year. Successors shall be appointed in like manner for a full term of five years. Vacancies shall be filled in like manner by appointment for the unexpired term. Each appointive member of the commission shall before entering upon the duties of his office execute an official tmdertaking in the sum of fifty thousand dollars to be approved by the comptroller and filed in his office. The governor may remove any appointive commissioner for inefficiency, neglect of duty or misconduct in office, giving him a copy of the charges and an opportunity of being publicly neard in person or by counsel, upon not less than ten days^ surance. APPENDIX — WOEKMEN's COMPENSATION LAWS — NEW YOEK. 351 notice. If such a commisaioner be removed, the governor shall file in the office o£ the secretary of state a complete statement of all charges made against him and a complete record of his proceedings and his findings thereon . Each appointive commissioner shall devote his entire time to the duties of his office, and shall not hold any position of trust or profit, ©r eng^e in any occupation or business interfering or inconsistent with his duties as such commissioner, or serve on or under any com- mittee of a political party. The commission shall have an official seal which shall be judicially noticed. Sec. 61. The conn mission may appoint one or more deputy commis- Employees, sioners and a secretary to hold office during its pleasure. It may also ll^^ "' oommis- employ, during its pleasure, an actuary, accountants, medical doctors, clerks, stenographers, inspectors and other employees as may be needed to carry out the provisions of this chapter. The authority, duties and compensation of all subordinates and employees, except as provided by this chapter, shall be fixed by the comioission. Sec. 62. The chairman of the commission shall receive an annual Salaries and ex- salary of ten thousand dollars, and each other commissioner, an annual P™^'^- salary of seven thousand dollars. The secretary shall receive an annual salary of five thousand dollars. The commissioners and their subordinates shall be^entitled to their actual and necessary expenses while traveling on the business of the commission. The commission inay also make the necessary expenditure to obtain statistical and other information to establish classifications of employments with respect to hazards and risks. The salaries and compensation of the subordinates and all other expenses of the commission, including the premiums to be paid by the State treasurer for the bond to be furnished by him, shall be paid out of the State treasmy upon vouchers signed by at least two commissioners. Sec. 63. The commission shall keep and maintain its principal office OflSce. in the city of Albany, in rooms in the capitol assigned by the trustees of public buildings.. The office shall be supplied with necessary office fumi'ture, supplies, books, maps, stationery, telephone connections and other necessstry appliances, at the expense of the State, payable in the same manner as other expenses of the commission. Sec. 64. The commission shall be in continuous session and open for Sessions. the transaction of business during all business hours of every day excepting Sundays and legaj holidays. All sessions shall be open to the public and may be adjourned, upon entry thereof in its records, without further notice. Whenever convenience of parties will be pro- moted or delay and expense prevented, the commission may hold ses- sions in cities other than the city of Albany. A party may appear before such commission and be heard in person or by attorney. Every vote and official act of the commission shall be entered of record, and the records shall contain a record of each case considered, and the award, decision or order made with respect thereto, and all voting shall be by the calling of each commissioner's name by the secretary and each vote shall be recorded as cast. A majority of the commission shall constitute a quorum. A vacancy shall not impair the right of the remaining commissioners to exercise all the powers of the full com- mission so long as a majority remains. Sec. 65. Ajy investigation, inquiry or hearing which the commission Powers of com- is authorized to hold or undertake may be held or taken by or before ™'ssioners. any commissioner or deputy commissioner, and the award, decision or order of a commissioner or deputy commissioner, when approved and confirmed by the commission and ordered iUed in its office, shall be deemed to be the award, decision or order of the commission. Each commissioner and deputy shall for the purposes of this chapter, have power to administer oaths, certify to official acts, take depositions^ issue subpoenas, compel the attendance of witnesses and the production of books, accounts, papers, records, documents and testimony. The commission may authorize any deputy to conduct any such investiga- tion, inquiry or hearing, in which case he shall have the power of a commissioner in respect thereof. Six. 66. The secretary of the commission shall: Secretary. 1. Maintain a full and true record of all proceedings of the commission, of a-H documenfa or papers ordered filed by the commission, of deeisionfl Bulaa. 352 APPENDIX workmen's compensation laws NEW YOBK. or orders made by a commissioner or deputy commissioner nn^fi^^p!} decisions or orders made by the commission or apP^yed and commmea by it and ordered filed, and he shall be responsible to the commi^ion for the safe custody and preservation of ^11 such documente at its offic^ 2. Have power to administer oaths in all Paits of the btate so tar as the exercise of such power is properly incident to the performance of his duty or that of the commission; , , «„mr«5==,-„« 3. Designate, from time to time, with the approval of the conmis^on, one of thi clerks appointed by the conmission to exercise the powers and duties of the secretary during his absence, 4. Under the direction of the commission, have general charge of ita office, superintend its clerical business, and perform such other duties as the commission may prescribe. t,i i Sec. 67. The commission shall adopt reasonable rules, not incon- sistent with this chapter, regulating and providing for _ 1. The kind and character of notices, and the service thereof, in case of accident and injury to employees; , ., 2. The nature and extent of the proofs and evidence, and the method of taking and furnishing the same, to establish the right to compensa- 3. 'The forms of application for those claiming to be entitled to com- pensation; . . •■ . , 4. The method of making investigations, physical examinations and inspections; 5. The time within which adjudications and awards shaU be made; 6. The conduct of hearings, investigations and inquiries; 7. The giving of undertakings by all subordinates who are empowered to receive and disburse moneys to be approved by the attorney general as to form and by the comptroller as to sufficiency. 8. Carrying into effect the provisions of this cmpter; 9. The collection, maintenance and disbursement of the State insur- ance fund. Sec. 68. The commission or a commissioner or deputy commissioner in making an investigation or inquiry or conducting a hearing shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter; but may make such investigation or inquiry or conduct such hearing in such manner as to ascertainthe substantial rights of the parties. _ Sec. 69. A subpoena shall be signed and issued by a commissioner, a deputy commissioner or by the secretary of the commission and may be served by any person of full age in the same manner as a subpoena issued out of a court of record. If a person fail, without reasonable cause, to attend in obedience to a subpoena, or to be sworn or examined or answer a question or produce a book or paper, or to subscribe and swear to his deposition after it has been correctly reduced to writing, - he shall be guilty of a misdemeanor. Sec. 70. If a person in attendance before the commission or a com- missioner or deputy commissioner refuses, without reasonable cause, to be examined or to answer a legal and pertinent question or to produce a book or paper, when ordered so to do by the commission or a com- missioner or deputy commissioner, the commission riiay apply to a justice of the supreme court upon proof by affidavit of the facts for an order returnable in not less than two nor more than five days directing such person to show cause before the justice who made the order or any other justice of the supreme court, why he should not be committed to jail. Upon the return of such order the justice shall examine under oath such person and give him an opportunity to be heard; and if the justice determine that he has refused without reasonable cause or legal excuse to be examined or to answer a legal and pertinent question, or to produce a book or paper which he was ordered to bring he may forth- with, by warrant, commit the offender to jail, there to remain until he submits to do the act which he was so required to do or is discharged according to law. Sec. 71 ._ Each witness who appears in obedience to a subpoena before tne commission or a commissioner or deputy commissioner or person employed by the commission to obtain the required information shall receive for his attendance the fees and mileage provided for witnesses in civil cases m the supreme court, which shall be audited and paid from Fiocedure. Subpoenas. Contempt. Pees, etc., of APPENDIX — WOEKMEn's COMPENSATION LAWS — NEW YOKK. 353 the State treasury in the same manner as other expenses of the commis- sion. A witness subpoenaed at the instance of a party other than the commission, a commissioner, deputy commissioner or person acting under the authority of the commission shall be entitled to fees or com- pensation from the State treasury, if the commission certify that hia testimony was material to the matter investigated, but not otherwise. Sec. 72. The commission may cause depositions of witnesses residing Depositions, within or without the State to be taken in the manner prescribed by law for like depositions in civil actions in the supreme court. Sec. 73. A transcribed copy of the testimony, evidence and proced- Transcripts of ure or of a specific part thereof, or of the testimony of a particular wit- °"'"^*^^- ness or of a specific part thereof, on any investigation, by a stenographer appointed by the commission, being certified by such stenographer to be a true and correct transcript thereof and to have been carefully com- pared by him with his original notes, may be received in evidence by the commission with the same effect as if such stenographer were pres- ent and testified to the facts so certified, and a copy of such transcript shall be furnished on demand to any party upon payment of the fee provided for a transcript of similar minutes in the supreme court. Sec 74. The power and jurisdiction of the commission over each Jtu-lsdiotion to case shall be continuing, and it may, from time to time, make such oe oontmuing. modfication or change with respect to former findings or orders relating thereto, as in its opinion may be just. Sec 75. Annually on or before the first day of February, the com- Reports, mission shall make a report to the legislature, which shall include a statement of the number of awards made by it and the causes of the accidents leading to the injuries for which the awards were made, a detailed statement of the expenses of the commission, the condition of the State insurance fund, together with any other matter which the commission deems proper to report to the legislature, including any recommendations it may desire to make. Sec 76. The commission shall prepare and cause to be distributed Blanks, so that the same may be readily available blank forms of application for compensation, notice to employers, proofs of injury or death, of medical or other attendance or treatment, of employment and wage earnings, and for such other purposes as may be required. Insured employers shall constantly keep on hand a sufficient supply of such blanks. Article 5. Section 90. There is hereby created a fund to be known as "The state insurance State Insurance Fund," for the purpose of insuring employers against ■"'™°- liability under this chapter and of assuring to the persons entitled thereto the compensation provided by this chapter. Such fund shall consist of all premiums received and paid into the fund, of property and securities acquired by and through the use of moneys belonging to the fund and of interest earned upon moneys belonging to the fund and deposited or invested as herein provided. Such fund shall be admin- istered by the commission without liability on the part of the State beyond the amount of such fund. Such fund shall be applicable to the payment of losses sustained on account of insurance and to the payment of expenses in liie manner provided in this chapter. Sec. 91. The State treasurer shall be the custodian of the state insur- Custodian, ance fund; and all disbursements therefrom shall be paid by him upon vouchers authorized by the commission and signed by any twomem- bers thereof. The State treasurer shall give a separate and additional bond in an amount to be fixed by the governor and with sureties approved by the State comptroller conditioned for the faithful per- formance of his duty as custodian of the State fund . The State treasurer may deposit any portion of the State fund not needed for immediate use, in the manner and subject to all the provisions of law respecting the deposit of other State funds by him. Interest earned by such por- tion of the State insurance fund deposited by the State treasurer shall be collected by him and placed to the credit of the fund. Sec. 92. Ten per centum of the premiums collected from employers Surplus and re- insured in the fund shall be set aside by the commission for the creation ^^'^™- of a surplus until such surplus shall amount to the sum of one hundred 22566°— S. Doc. 336, 63-2- -23 354 APPENDIX workmen's compensation laws NEW YOBK. Expense of ad' ministration. thousand dollars, and thereafter five per centum of such premiume, until such time as in the judgment of the commission euch surplus shall be sufficiently large to cover the catastrophe hazard. The commission shall also set up and maintain a reserve adequate to meet anticipated losses and carry all claims and policies to maturity. Investment. Sec. 93. The commission may, pursuant to a resolution of the com- mission approved by the comptroller, invest any of the surplus or reserve funds belonging to the State insurance fund in the same securities and investments authorized for investment by savings banks. All such securities or evidences of indebtedness shall be placed in the hands of the State treasurer who shall be the custodian thereof. He shall collect the principal and interest thereof, when due, and pay the same into the State insurance fund . The State treasurer shall pay all vouchers drawn on the State insurance fund for the making of such investments when signed by two members of the commission, upon delivery of such securities or evidences of indebtedness to him, when there is attached to such vouchers a certified copy of the resolution of the commission authorizing the investment . The commission may, upon like resolution approved by the comptroller, sell any of such securities. Sec. 94. The entire expense of administering the State insurance fund shall be paid in the first instance by the State, out of moneys appro- priated therefor. In the month of January, nineteen hundred and eighteen, and annually thereafter in such month,_the comroission shall ascertain the just amount incurred by the commission during the pre- ceding calendar year, in the administoation of the State insurance fund exclusive of the expense for the examination, determination and pay- ment of claims, and shall refund such amount to the State treasury. If there be employees of the commission other than the commissioners themselves and the secretary whose time is devoted partly to the general work of the commission and partly to the work of the State insurance fund, and in case there is other expense which is incurred jointly on behalf of the general work of the commission and the State insurance fund, an equitable apportionment of the expense shall be made for such purpose and the part thereof which is apphcable to the State insurance fund shall be chargeable thereto. As soon as practicable after Decem- ber thirty-one, nineteen hundred and seventeen, and annually there- after, the commission shall calculate the total administrative expense incurred during the preceding calendar year in connection with the examination, determination and payment of claims and the percentage which this expense bore to the total compensation payments made during that year. The percentage so calculated and determined shall be assessed against the insurance carriers including the State fund as an addition to the payments required from them in the settlement of claims during the year immediately following, and the amounts so secured shall be transferred to the State treasury to reimburse it for this portion of the expense of administering this chapter. Sec. 95. Employments coming under the provisions of this chapter shall be divided for the purposes of the State fund, into the groups set forth in section two of this chapter. Separate accounts shall be kept of the amounts collected and expended in respect to each such group for convenience in determining equitable rates; but for the purpose of paying compensation the State fund shall be deemed one and indivis- ible. The commission shall have power to rearrange any of the groups set forth in section two by withdrawing any employment embraced in it and transferring it wholly or in part to any other group, and from such employments to set up new groups at its discretion. The commission shall determine the hazards of the different classes composing each group and fix the rates of premium therefor based upon the total pay- roll and number of employees in each of such classes of employment at the lowest possible rate consistent with the maintenance of a solvent State insurance fund and the creation of a reasonable surplus and reserve ; and for such purpose may adopt a system of schedule rating in such a manner as to take account of the peculiar hazard of each individual risk, acridm? mevm ^^°- ^^- "^^^ employers in any of the groups described in section two ton. or established by the commission may with the approval of the com- mission form themselves into an association for accident prevention and may make rules for that purpose. If the commission is of the opinion that an association so iormed sufficiently represents the em- Eisks and pre- miums. APPENDIX WOEKMEN S COMPENSATION LAWS NEW YOKK. 355 plovers in such group, it may approve such rules, and when so approved and approved by the industrial board of the labor department they shall be binding on all employers in such group. If such an approved association appoint aninspector or expert for the purpose of accident prevention, the commission may at its discretion provide in whole or in part for the payment of the remuneration and expenses of such in- spector or expert, such payment to be charged in the accounting to such group. Every such approved association may make recommendations to the commission concerning the fixing of premiums for classes of haz- ards, and for individual risks within such group. Sec. 97. The following requirements shall be observed in classifying . Rules as to clas- employments and fixing and adjusting premium rates: siflcations, etc. 1. The commission shall keep an accurate account of the money paid in premiums by each of the several classes of employments or industries, and the disbursements on account of injuries and deaths of employees thereof, including the setting up of reserves adequate to meet antici- pated losses and to carry the claims to maturity, and also, on account of the money received from each individual employer and the amount disbursed from the State insurance fund on account of injuries and death of the employees of such employer, including the reserves so. set up; 2. On January first, nineteen hundred and fifteen, and every fifth year thereafter, and at such other times as the commission, in its discre- tion, may determine, a readjustment of the rate shall be made for each of the several groups of employment or industries and of each hazard class therein, which, in the judgment of the commission, shall have developed an average loss ratio, in accordance with the experience of the commission in the administration of the law as shown Dy the ac- counts kept as provided herein; 3. If any such accounting show an aggregate balance (deemed by the • commission to be safely and properly devisible [divisible]) remaining to the credit of any class of employment or industry, after the amount required shall have been credited to the surplus and reserve funds and after the payment of all awards for injury or death lawfully chargeable against the same, the commission may in its discretion credit to each individual member of such group, who shall have been a subscriber to the State insurance fund for a period of six months or more prior to the time of such readjustment, and whose premium or premiums exceed the amount of the disbursements from the fund on account of injuries or death of his employees during such period, on the installment or installments of premiums next due from him such proportion of such balance as the amount of his prior paid premiums sustains to the whole amount of such premiums paid by the group to which he belongs since the last readjustment of rates; 4. If the amount of premiums collected from any employer at the beginning of any period of six months is ascertained and calculated by using the estimated expenditure of wages for the period of time covered by such premium payment as a basis, an adjustment of the amount of such premium shall be made at the end of such six months, and the actual amount of such premium shall be determined in accordance with the amount of the actual expenditure of wages for such period; and, if such wage expenditure for such period is less than the amount on which such estimated premium was collected, such employer shall be entitled to receive a refund from the State insurance fund of the difference be- tween the amount so paid by him and the amount so found to be actu- ally due, or to have the amount of such difference credited on succeed- ing premiimi payments, at his option; and if such actual premium, when so ascertained, exceeds in amount a premium so paid by such employer at the beginning of such six months, such employer shall immediately upon being advised of the true amount of such premium due, forthwith pay to the treasurer of the State an amount equal to the difference between the amount actually found to be due and the amount paid by him at the beginning of such six months' period. Sec. 98. Except as otherwise provided in this chapter, all premiums Premiums pay- shall be paid by every employer into the State insurance fund on or " '^' •^'^en. before July first, nineteen hundred and fourteen, and semiannually thereafter, or at such other time or times as may be. prescribed by the commission. The commission shall mail a receipt for the same to the 356 APPENDIX workmen's compensation laws NEW YORK. employer and place the same t» the credit of the State insurance fund in the custody of the State treasurer. Collection of Sec. 99. If an employer shall default in any payment required to be premiums. jjj^jg j^y jijm ^ the State insurance fund, the amount due from him shall be collected by civil action against him in the name of the people of the State of New York, and it shall be the duty of the commission on the first Monday of each month after July first, nineteen hundred and fourteen, to certify to the attomeygeneral of the State the names and residences, or places of business, of all employers known to the commission to be in default for such payment or payments for a longer period than five days and the amount due from such employer, and-it shall then be the duty of the attomeygeneral forthwith to bring or cause to be brought against each such employer a civil action in the proper court for the collection of such amount so due, and the same when collected, shall be paid into the State insurance fund, and such employer's compliance with the provisions of this chapter requiring payments to be made to the State insurance fund shall date from the time of the payment of said money so collected as aforesaid to the State treasurer for credit to the State insurance fund. Withdrawal of Sec. 100. Any employer may, upon complying with subdivision two '«™^loy«'^ '"™ or three of section fifty of this chapter, withdraw from the fund by "" ■ turning in his insurance contract for cancellation, provided he is not in arrears for premiums due the fund and has given to the commission written notice of his intention to withdraw within thirty days before the expiration of the period for which he has elected to insure in the fund; provided that in case any employer so withdraws, his liability to assessments shall, notwithstanding such withdrawal, continue for one year after the date of such withdrawal as against all liabilities for such compensation accruing prior to such withdrawal. Pay rolls. . Sec. 101. Every employer who is insured in the State insurance fund shall keep a true and accurate record of the number of his em- ployees and the wages paid by him, and shall furnish to the commission, upon demand, a sworn statement of the same. Such record shall be open to inspection at any time and as often as the commission shall require to verify the number of employees and the amount of the pay roll. Falsification of Sec. 102. An emplojrer who shall willfully misrepresent the amount pay rolls. ^j ^.j^g p^^y j.qJj upon which the premiums chargeable by the State insur- ance fund is to be based shall be liable to the State in ten times the amount of the difference between the premiums paid and the amount the employer should have paid had nis pay roll been correctly com- puted ; and the liability to the State under this section shall be enforced in a civil action in the name of the State insurance fund, and any amount so collected shall become a part of such fund. Misrepresenta- Sec. 103. Any person who willfully misrepresents any fact in order tions. ^ obtain insurance in the State insurance fund at less than the proper rate for such insurance, or in order to obtain payment out of such fund, shall be guilty of a misdemeanor. Inspections. Sec 104. The commission shall have the right to inspect the plants and establishments of employers insured in the State insurance fund; and the inspectors designated by the commission shall have free access to such premises during regular working hours. ^"'or rn a t i n Seo. 105. Information acquired by the commission or its ofiicers or con aentiai. employees from employers or employees pursuant to this chapter shall not be opened to public inspection, and any ofiicer or employee of the commission who, without authority of the commission or pursuant to its rules or as otherwise required by law shall disclose the same shall be guilty of a misdemeanor. Article G. Penalties gp to SECTION 110. All penalties imposed by this chapter shall be appli- expense un s. cable to the expenses of the commission. When collected by the commission such penalties shall be paid into the State treasury and be thereafter appropriated by the legislature for the purposes pre- scribed by this section. retSned"^^"^^ ^^?- ^^^- ^"'^'^^ employer shall keep a record of all injuiies, fatal ^ ■ or otherwise, received by his employees in the course of their employ- ment. Within ten days after the occurrence of an accident resulting in personal injury a report thereof shall be made in writing by t^ APPENDIX — workmen's COMPENSATION LAWS — NEW YORK. 357 employer to the commission upon blanks to be procured from the commission for that purpose. Such report shall state the name and nature of the business of the employer, the location of his establish- ment or place of work, the name, address and occupation of the injured employee, the time, nature and cause of the injury and such other information as may be required by the commission. An employer who refuses or neglects to make a report as required by this section shall be guilty of a misdemeanor, punishable by a fine of not more than fivehundred dollars. Sec. 112. Every employer shall furnish the commission, upon Employers to request, any information required by it to carry out the provisions of ^^ mfonna- thifl chapter. The commission, a commissioner, deputy commissioner, or any person deputized by the commission for that purpose, may examine under oath any employer, officer, agent or employee. An employer or an employee receiving from the commission a blank with directions to file the same shall cause the same to be properly filled out so as to answer fully and correctly all questions therein, or if unable to do so, shall give good and cufficient reasons for such failure. Answers to such questions shall be verified under oath and returned to the commission within the period fixed by the commission therefol'. Sbc. 113. All books, records and pay rolls of the employers showing Inspection of or reflecting in any way upon the amount of wage expenditures of such o™^. ^^"^ '^' employers shall always be open for inspection by the commission or any of its authorized auditors, accountants or inspectors for the pur- pose of ascertaining the correctness of the wage expenditure and num- ber of men employed and such other information as may be necessary for the uses and purposes of the commission in the administration of this chapter. Sec. 114. The provisions of this chapter shall apply to employers and Interstate com- employees engaged in intrastate, and also in interstate or foreign com- ^^^''^■ merce, for whom a rule of liability or method of compensation has been or may be established by the Congress of the United States, only to the extent that their mutual connection with intrastate work may and shall be clearly separable and distinguishable from interstate or for- eigh commerce, except that such employer and his employees working oAlyin this State may, subject to the approval and in the manner provided by the commission and so far as not forbidden by any act of congress, accept and become bound by the provision's of this chapter in like manner and with the same effect in all respects as provided" herein for other employers and their employees. Sec. 115. If for the purpose of obtaining any benefit or payment False state- under the provisions of this chapter, either for himself or any other ™^°'^- person, any person willfully makes a false statement or representation, he shall be guilty of a misdemeanor. Sec. 116. No limitation of time provided in this chapter shall run as Limitations as against any person who is mentally incompetent or a minor dependent *° mcompetents. so long as he has no committee, guardian or next friend. Sec. 117. The commissioner of labor shall render to the commission Commissioner any proper aid and assistance by the department of labor as in his °"^°'"'- judgment does not interfere with the proper conduct of such department. Sec. 118. If any section or provision of this chapter be decided by Invalidity of the courts to be unconstitutional or invalid, the same shall not affect the ^ otiaw. validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Sec. 119. This act shall not affect any action pending or cause of Pending causes, action existing or which accrued prior to July first, nineteen hundred and fourteen. Article 7. Section 131. This chapter shall take effect January first, nineteen Act takes effect, hundred and fourteen, provided that the application of this chapter ^''™- as between employers and employees and the payment of compensa- tion for injuries to employees or their dependents, in case of death, shall take effect July first, nineteen hundred and fourteen, but pay- ments into the State insurance fund may be made prior to July first, nineteen hundred and fourteen. Approved December 16, 1913. 358 APPENDIX — workmen's compensation laws — OHIO. OHIO. CONSTITUTION. Article II.- Legislative— Compensation of workmen for injuries. Compulsory in- SECTION 35. For the purpose of providing compensation to work- surance system. ^^^^ ^^^ ^j^gjj dependents, for death, injuries or occupational dis- ease, occasioned in the course of such workmen's employment, laws may be passed establishing a State fund to be created by compulsory contribution thereto by employers, and administered by the State, determining the terms and conditions upon which payment shall be made therefrom, and taking away any or all rights of action or defenses Right of action, from employees and employers; but no right of action shall be taken away from any employee when the injury, disease or death arise from failuie of the employer to comply with any lawful requirement for the Board of elassi- protection of the Uves, health and safety of employees. Laws may be ncafcion, etc. passed establishing a board which may be empowered to classify all occupations, according to their degree of hazard, to fix rates of contri- butisn to such fund according to such classification, and to collect, ad- minister and distribute such fund, and to determine all rights of claim- ants thereto. Adopted, 1912. Industrial eorrmiission — Administration of workmen's insurance law. (Added by act, page 95, Acts of 1913.) Appointment. SECTION 871-1. There is hereby created the Industrial Commission of Ohio, to be composed of three members to be appointed by the gov- ernor within thirty days after this act goes into effect, one of the mem- bers of such commission shall be appointed for the t-erm of two years, one member for four years, and one member for six years, and thereafter each member shall be appointed for the term of six years. Not more than one of the appointees to such commission shall be a person who, on account of his previous vocation, employment or affiliations, can be classedas a representative of employers, and not more than one of such appointees shall be. a person who, on account of his previous voca- tion, employment or affiliations, can be classed as a representative of employees; not more than two of the members of the said commission - shall belong to the same political party. Eemoval. Sec. 871-2. The governor at anj time shall remove any member of the Industrial Commission of Ohio for inefficiency, neglect of duty, malfeasance, misfeasance or nonfeasance in office. Inconsistent Sec. 871-3. No _ commissioner shall hold any position of trust or emp oyments. jj^ofit, or engage in any occupation or business, interfering or incon- sistent with his duties as such commissioner, and no commissioner shall serve on any committee of any political party. Sec. 871-4. Each of said commissioners shall receive an annual salary of $5,000, payable in the same manner as the salaries of other State officers are paid. Before entering upon the duties of his ofiice, each commissioner shall take and subscribe the constitutional oath of office and shall swear or affirm that he holds no position under any com- mittee of a political party, which oath or affli-mation shall be filed in the office of the governor. Each member of the commission shall give a bond in the sum of $10,000, which bond shall be approved by the gov- ernor and filed with the treasurer of State. All employees or depu- ties of the commission receiving or disbursing funds of the State sliall give bond to the State in amounts and with surety to be approved by the commission. Sbo. 871-6. The commission shall keep and maintain its office in the_city_ of Columbus, Ohio, * * *. The commission may hold sessions in anyplace within the State of Ohio. Sec. 871-8. The_ commission shall have an official seal for the authentication of its orders and proceedings, upon which seal shall be engravedthe words, "The Industrial Commission of Ohio," and such other design as the commission may prescribe; and the courts in this State shall take judicial notice of the seal of the said .commission and in all cases copies of orders, proceedings or records in the office of the Industrial Commission of Ohio, certified by the secretary of the said commission under its seal, shall be equal to the original as evidence. Salary. Bonds. Offices. Seal. APPENDIX WOEKMEN S COMPENSATION LAWS OHIO. 359 Sec. 871-9. The commisaion shall be in continuous session and Sessions, open for the transaction of business during all business hours of each and every day, excepting Sundays and legal holidays. The sessions shall be open to the public and the sessions of the commission shall stand and be adjourned without further notice thereof on its record. Records. All of the proceedings of the commission shall be shown on its records, which shall be a public record, and all voting shall be had by calling each member's name by the secretary, and each member's vote shall be recorded on the proceedings as cast. Sec. 871-12 (as amended by act, page 656, Acts of 1913). The in- Additional du- dustrial commission shall supersede and perform all of the duties of the State liability board of awards, * * * and said commission on and after the first day of September, 1913, as successor of the said KabiKty board of awards, shall be vested with and assume and exercise all powers and duties cast by law upon said liability board of awards, and on the first day of September, 1913, the term of office of the m'embers constituting the said State Liability Board of Awards of Ohio shall cease and terminate, together with all rights, privileges and emolu- ments connected therewith. Worhmen's insurance — State liability board. (Page 524, Acts of 1911; amended, pages 72 and 396, Acta of 1913.) Board created. Expenses. Section 1465-37. There is hereby created a State liability board of awards. [This body has been superseded by the Industrial Commis- sion of Ohio. See section 871-1 et seq., above.] Sec. 1465-41. A majority of the board shall constitute a quorum for Quorum, the transaction of business, and a vacancy shall not impair the right of the remaining members to exercise all the powers of the full board so long as a majority remains. Any investigations, inquiry or hearing which the board is authorized to hold, or undertake, may be held or undertaken by or before any one member of the board. AH investiga- tions, inquiries, hearings and decisions of the board, and every order made by a member thereof, when approved and confirmed by a majority of the members, and so shown on its record of proceedings, shall be deemed to be the order of the board. Sec. 1465-43. The board may employ a secretary, actuaries, account- Employees, ants, inspectors, examiners, experts, clerks, physicians stenographers and other assistants, and fix their compensation. Such employment and compensation shall be first approved by the governor and shall be paid out of the State treasury. The members of the board, secretary, actuaries, accountants, inspectors, examiners, experts, clerks, phy- sicians, stenographers, and other assistants that may be employed shall be entitled to receive from the State treasury their actual and neces- sary expenses while traveling on the business of the board, and the members of the board may confer and meet with officers of other States and ofiicers of the United States on any matters pertaining to their ofiicial duties. Such expenses shall be itemized and sworn to by the person who incurred the expense and allowed by the board. Sec. 1465^4. The board shall adopt reasonable and proper rules to govern its procedure, regulate and provide for thejjind and character of notices, and the services thereof, in cases of accident and injury to employees, the nature and extent of the proofs and evidence, and the method of taking and furnishing the same, to establish the right to benefits of compensation from the State insurance fund, hereinafter provided for, the forms of application of those claiming to be entitled to benefits or compensation therefrom, the method of making investi- gations, physical examinations and inspections, and prescribe the time within which adjudications and awards shall be made. Sec. 1465^5. Every employer shall furnish the board, upon request, Duty of em- all information required by it to carry out the purposes of this act. In P'^y'^- the month of January of each year, every employer of the State, em- ploying five or more employees regularly in the same business, or in or about the same establishment, shall prepare and mail to the board, at its main office in the city of Columbus, Ohio, a statement contain- ing the following information, viz: the number of employees employed during the preceding year from January 1 to December 31st inclusive; the number of such employees employed at each kind of employment; and, the aggregate amount of wages paid to such employees, which in- Rules. S60 APiPBNDix — workmen's compensation laws OHIO. formation shall be furnished on a blank or blanks to be prepared by the board; and it shall be the duty of the board to furnish such blanks to employers free of charge, upon request therefor. Every employer receivmg from the board any blank, with directions to fill out the same, shall cause the same to be properly filled out so as to answer fully and correctly all questions therein propounded, and to give all the infor- mation therein sought, or if unable to do so, he shall give to the board in writing good and sufficient reasons for such failure. The board may require that the information herein required to be furnished be veri- fied under oath and returned to the board within the period fixed by it or by law. The board or any member thereof, or any person em- ployed by the board for that purpose, shall have the right to examine, under oath, any employer, or the officer, a,gent or employee thereof for the purpose of ascertaming any information which such employer is required by this act to furnish to the board. Any employer who shall fail or refuse to furnish to the board the an- nual statement herein required, or -who shall fail or refuse to furnish such other information as may be required by the board under au- thority of this section, shall be liable to a penalty of five hundred dol- lars, to be collected in a civil action brought against said employer in the name of the State; all such penalties, when collected, shall be paid into the State insurance fund and become a part thereof. Information Sbo. 1465-46. The information contained in the annual report pro- confldential. yided for in the preceding section, and such other information as may be furnished to the board by employers in pursuance of the provisions of said section, shall be for the exclusive use and information of said board in the discharge of its official duties, and shall not be open to the public nor be used in any court in any action or proceeding pending therein unless the board is a party to such action or proceeding; but the information contained in said report may be tabulated and pub- lished by the department, in statistical form, for the use and informa- tion of other State departments and the public. Any person in the employ of the board who shall divulge any information secured by him in respect to the transactions, property or business of any com- pany, firm, corporation, person, association, copartnership or public utility to any person other than the members of the board, while acting as an employee of the board, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500), and shall thereafter be disqualified from holding any appointment or employ- ment with the board. Powers ofmem- Sec. 1465-47. Each member of the board, the secretary and every "^^ inspector or examiner appointed by the board, shall, for the purposes contemplated by this act, liave power to administer oaths, certify to official acts, take depositions, issue subpoenas, compel the attendance of witnesses and the production of books, accounts, papers, records, documents and testimony. Compelling at- Sec. 1465-48. In case of disobedience of any person to comply with tendance. ^j^g Qj.(jgj. ^f ^]^q board, or subpoena issued by it as [or] one of its inspec- tors, or examiners, or on the refusal of a witness to testify to any matter regarding which he may be lawfully interrogated, or refuse to pentiit an inspection as aforesaid, the probate judge of the county in which the person resides, on application of any member of the board, or any in- spector or examiner appointed by it, shall compel obedience by attach- ment proceedings as' for contempt, as in the case of disobedience of the requirements of subpoena issued from such court on a refusal to testify therein. Officers' fees. Sec. 1465-49. Each officer who serves such subpoena shall receive the same fees as a sheriff, and each witness who appears, in obedience to a subpoena, before the board or an inspector or examiner, shall receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of common pleas, which shall be audited and paid from the State treasury in the same manner as other expenses are audited and paid, upon the presentation of proper vouchers approved by any Witnesses' fees, two members of the board. No witness subpoenaed at the instance of a party other than the board or an inspector shall be entitled to com- pensation from the State treasury unless the board shall certify that his testimony was material to the matter investigated. Depositions. Sec. 1465-50. In an investigation, the board may cause depositions of witnesses residing within or without the State to be taken in the APPENDIX — workmen's COMPENSATION LAWS — OHIO. 361 Premium rates. manner prescribed by the law for like depositions in civil actions in the court of common pleas. Sec. 1465-;-51. A transcribed copy of the evidence and proceedings, Transcripts. or any specific part thereof, or any investigation, by a stenographer appointed by the board, being certified by such stenographer to be a true and correct transcript of the testimony on the investigation, or of a particular witness, or of a specific part thereof, carefully compared by him with his original notes, and to be a correct statement of the evidence and proceedings had on such investigation so purporting to be taken and subscribed, may be received in evidence by the board with the same effect as if such stenographer were present and testified to the facts so certified. A copy of such transcript shall be furnished on demand to any party upon the payment of the fee therefor, as pro- vided for transcript in courts of common pleas. Sec. 1465-^52. The board shall prepare and furnish blank forms, and Forms, etc. provide in its rules for their distribution so that the same may be readily available, of application for benefits or compensation from the State insurance fund, notices to employers, proofs of injury or death, of medical attendance, of employment and wage eamings,_ and such other blanks as may be deemed proper and advisable, and it shall be the duty of insured employers to constantly keep on hand a sufficient supply of such blanks. Sec. 1465-53. The State liability board of awards shall classify oc- Occupations to cupations with respect to their degree of hazard, and determine the "eciassiiieci. risks of the different classes and fix the rates of premium of the risks of the same, based upon the total pay roll and number of employees in each of said classes of occupation sufficiently large to provide an adequate fund for the compensation provided for in this act, and to maintain a State insurance fund from year to year. Sec. 1465-54. It shall be the duty of the State liability board of awards, in the exercise of the powers and discretion conferred upon it in the preceding section, ultimately to fix and maintain, for each class of occupation, the lowest possible rates of premium consistent with the maintenance of a solvent State insurance fund and the crea- tion and maintenance of a reasonable surplus, after the payment of legitimate claims for injury and death that it may authorize to be paid from the State insurance fund for the benefit of injured and the dependents of killed employees; and, in order that said object may be accomplished, the board shall observe the following requirements in classifying occupations and fixing the rates of premium for the risks of the same. 1. It shall keep an accurate account of the money paid in premiums by each of the several classes of occupations or industries, and the dis- bursements on account of injuries and death of employes thereof, and it shall also keep an account of the money received from each individual employer and the amount disbursed from the State insurance fund on account of injuries and death of the employees of such employer. 2. Ten per cent of the money that has heretofore been paid into the Surplus fund. State insurance fund and ten per cent of all that may hereafter be paid into such fund shall be set aside for the creation of a surplus until such surplus shall amount to the sum of one hundred thousand dollars ($100,000) after which time the sum of five per cent of all the money paid into the State insurance fund shall be credited to such surplus fund, until such time as, in the judgpient of the board, such surplus shall be sufficiently large to guarantee a State insurance fund from year to year. 3. On the first day of July, 1914, and semiannually thereafter, a Readjustments, readjustment of the rates shall be made for each of the several classes of occupation or industry which,_ in the judgment of the board, have developed an average loss ratio, in accordance with the experience of the board in the administration of the law as shown by the accounts kept as provided herein. 4. Should ,any such accounting show a balance remaining to the credit of any class of occupation or industry, after the above-mentioned amounts have been credited to the surplus fund and after the payment of all awards for injury or death lawfully chargeable against the same, the premium rate for such class shall be reduced; and, each individual member of such class, who has been a subscriber to the State insurance Accounts. 362 APPENDIX workmen's compensation laws OHIO. Rules fund. Custody. Deposit funds. Investment. fund for a period of six months or longer prior to the time of such read- justment, and whose premium or premiums so paid to the fund exceeds the amount of the disbursements from the fund on account of injuries or death to his employees during such period, shall be entitled to a credit on the installment or installments of premium next due from him, the amount of which credit shall be such proportion of said bal- ance as the amount of his prior paid premiums sustains to the whole amount of said premiums paid by the class to which he belongs since the last readjustment of rates. to Sec. 1465-55. The State liability board of awards shall adopt rules and regulations with respect to the collection, maintenance and dis- bursement of the State insurance fund; one of which rules shall provide that in the event the amount of premiums collected from any employer at the beginning of any period of six months is ascertained and calculated by using the estimated expenditure of wages for the period of time covered by such premium payments as a basis, that an adjustment of the amount of such premium shall be made at the end of such six months period and the actual amount of such premium shall be determined in accordance with the amount of the actual expenditure of wages for said period; and, in the event such wage expenditure for said period is less than the amount on which such estimated premium was collected, then such employer shall be entitled to receive a refunder from the State insurance fund of the difference between the amount so paid by him and the amount so found to be actually due, or to have the amount of such difference credited on succeeding premium payments at his option, and should such actual premium, when ascertained as afore- said exceed in amount the premium so paid by such employer at the beginning of such six months' period, such employer shall immediately upon being advised of the true amount of such premium due, forthwith pay to the treasurer of State an amount equal to the difference between the amount actually found to be due and the amount paid by him at the beginning of said six months' period. Sec. 1465-56. The treasurer of State shall be the custodian of the State insurance fund and all disbursements therefrom shall be paid by him upon vouchers authorized by the State liability board of awards and signed by any two members of the board; or, such vouchers may bear the facsimile signatures of the board members printed thereon, and the signature of the chief of the auditing department. of Sec. 1465-57. The treasurer of State is hereby authorized to deposit any portion of the State insurance fund not needed for immediate use, in the same manner and subject to all the provisions of the law with respect to the deposit of State funds by such treasurer; and all interest earned by such portion of the State insurance fimd as may be deposited by the State treasurer in pursuance of authority herein given, shall be collected by him and placed to the credit of such fund. Sec. 1465-58. The State liabiltiy board of awards shall have the power to invest any of the surplus or reserve belonging to the State in- surance fund in bonds of the United States, the State of Ohio, or of any county, city, village or school district of the State of Ohio, at current market prices for such bonds: Provided, That such purchase be author- ized by a resolution adopted by the board and approved by the governor; and it shall be the duty of the boards or officers of the several taxing dis- tricts of the State in the issuance and sale of bonds of their respective tax- ing districts, to offer in writing to the State liability board of awards, prior to advertismg the same for sale, all such issues as may not have been taken by the trustees of the sinking fund of the taxing district so issuing such bonds; and said board shall, within ten days after the receipt oi such written offer either accept the same and purchase such bonds or any portion thereof at par and accrued interest, or reject such offer in writ- ing; and all such bonds so purchased forthwith shall be placed in the hands of the treasurer of State, who is hereby designated aa custodian thereof, and it shall be his duty to collect the interest thereon as the same becomes due and payable, and also the principal thereof, and to pay the same, when so collected, into the State insurance fund. The treasurer of State shall honor and pay all vouchers drawn on the State insurance fund for the payment of such bonds when signed by any two n^embers of the board upon delivery of said bonds to him when there is attached to such voucher a certified copy of such resolution of the board APPENDIX — VfOEKMEN S COMPENSATION LAWS — OHIO. 363 Bond. authorizing the purchase of such bonds; and the board may sell any of said bonds upon like resolution, and the proceeds thereof shall be paid by the purchaser to the treasurer of State upon delivery to him of said bonds by the treasurer. _ Sec. 1465-59. The treasurer of State shall give a separate and addi- tional bond in such amount as may bo fixed by_ the governor, and with sureties to his approval, conditioned for the faithful perfomance of his duties as custodian of the State insurance fund. Sec. 1465-60. The following shall constitute employers subject to Employers, the provisions of this act: 1. The State and each county, city, township, incorporated village and school district therein. 2. Every person, firm,vand private corporation including any public service corporation that has in service five or more workmen or opera- tives regula,rly in the same business, or in or about the same establish- ment under any contract of hire, express, or implied, oral or written. Sec. 1465-61. Theterms "employee", "workman" and "operative" Employees, as used in this act, shall b e construed to mean : , 1. Every_ person in the service of the State, or of any county, city, township, incorporated village or school district therein, including regular members of lawfully constituted police and fire departments of cities and villages, under any appointment or contract of hire, express or implied, oral or written, except any official of the State, or of any county, city, township, incorporated village or school district therein: Provided, That nothing in this act shall apply to policemen or firemen in cities where policemen's and firemen s pension funds are now or hereafter may be established and maintained by municipal authority under existing laws. 2. Every person in the service of any person, firm or private corpora- tion, including any public service corporation employing five or more workmen or operatives regularly in the same business, or in or about the same establishment under any contract of hire, express or implied, oral or written, including aliens, and also including minora who are legally permitted to work for hire under the laws of the State, but not including any person whose employment is but casual, or not in the usual course of trade, business, profession or occupation of his employer. Sec. 1465-62. Every employer mentioned in subdivision one of sec- Contributions tion thirteen [1465-60] hereof, shall contribute to the State insurance *°'"°''- fund in proportion to the annual expenditure of money by such em- ployer for the service of persons described in subdivision one of section fourteen [1465-61] hereof, the amount of such payments and the method of making the same to be determined as hereinafter provided. Sec. 1465-63. The amount of money to be contributed by the State Payments by itself, and by each county, city, incorporated village, school district or "imiicipalities. other taxing district of the State shall be, unless otherwise provided by law, a sum equal to one percentum of the amount of money expended by the State and for each county, city, incorporated village, school district or other taxing district respectively during the next preceding fiscal year for the service of persons described in subdivision one of section fourteen [1465-61] hereof. Sec. 1465-64. In the month of January in the years 1914 and 1915, Payment by the auditor of State shall draw his warrant on the treasurer of State, in °''*™- favor of said treasurer as custodian of the State insurance fund, and for deposit to the credit of said fund, for a sum equal to one percentum of the amount of money expended by the State during the last preceding fiscal year, for the service of persons described in subdivision one of section fourteen [1465-61] hereof, which said sums are hereby appropri- ated and made available for such payments; and thereafter in the month of January of each year, such sums of money shall in like manner be paid~into the State insurance fund as may be provided by law; and ' it shall be the duty of the State liability board of awards to communi- cate to the general assembly on the first day of each regular session thereof, an estimate of the aggregate amount of money necessary to be contributed by the State during the two years next ensuing as its proper portion of the State insurance fund. Sec. 1465-65. In the month of December of each year, the auditor of County lists. State shall prepare a list for each county of the State, showing the amount of money expended by each township, city, village, school district or 364 APPENDIX workmen's compensation laws OHIO. other taxing district therein for the service of persons described in sub- division one of section fourteen [1465-61] hereof, diiring the fiscal year last preceding the time of preparing such lists; and shall file a copy of each such list with the auditor of the county for which such list was made, and copies of all such lists with the treasurer of State. Such lists shall also show the amount of money due from the county itself, and from each city, township, village, school district and other taxing dis- trict thereof, as its proper contribution to the State insurance fund, and the aggregate sum due from the county and such taxing districts located therein. Payments by Sec. 1465-66. In January of each year following the filing with him counties. ^j ^j^g jjg^g mentioned in the last preceding section hereof, beginning with January, 1914, the auditor of each county shall issue Ms warrant in favor of the treasurer of State of Ohio on the county treasurer of his county, for the aggregate amount due from such county and from the taxing districts therein, to the State insurance fund, and the county treasurer shall pay the amount called for by such warrant from the county treasury, and the county auditor shall charge the amount so paid to the county itself and the several taxing districts therein as shown by such lists; and the treasurer of State shall immediately upon receiv- ing such money, convert the same into the State insurance fund. Annual state- Sec. 1465-67. In February of each year the treasurer of State shall ments. certify to the State liability board of awards the amount of money that has been paid to him for credit to the State insurance fund as pro- vided in the foregoing sections and the amount paid by the State itself and by each county, city, incorporated village or school district therein, and at the same time shall certify to the board the names of such as may have made default in the payments hereinbefore provided and the respective amounts for which they are in default. When any de- fault is made in the payment of the sums hereinbefore required to be contributed to the State insurance fund, or when any official fails, neg- lects or refuses to perform any act or acts required to be performed by him with reference to the making of such payments, it shall be the duty of the State liability board of awards forthwith to institute the proper proceedings in court to compel such payment or payments to be made. The State liability board of awards shall keep a separate account of the money paid into the State insurance fund by the State and its polit- ical subdivisions as hereinbefore provided and the disbursements made therefrom on account of injuries to public employees. Payments from Sec. 1465-68. Every employee mentioned in subdivision one of sec- tion fourteen [1465-61] hereof, who is injured, and the dependents of such as are killed in the course of employment, wheresoever such injury has occurred, provided the same was not purposely self-inflicted, on Act in effect, or after January 1st, 1914, shall be paid such compensation out of the ^ ™' State insurance fund for loss sustained on account of such injury or death as is provided in the case of other injured or killed employees, and shall be entitled to receive such medical, nurse and hospital serv- ices and medicines, and such' amount of funeral expenses as are pay- able in the case of other injured or killed employees. Every employe mentioned in subdivision two of section fourteen [1465-61] hereof, who is injured, and the dependents of such as are killed in the course of employment, wheresoever such injury has occurred, provided the same was not purposely self-inflicted, on and after January Ist, 1914, shall be entitled to receive, either directly from his employer as provided in section twenty-two [1465-69] hereof, or from the State insurance fund, such compensation for loss sustained on account of such injury or death, and sucn medical, nurse and hospital services and medicines, and such amount of funeral expenses in case of death as is provided by sections thirty-two [1465-79] to forty [1465-87] inclusive of the act. contribrntanl"' ^^°-- 1465-69. Except as hereinafter provided, every employer- mentioned in subdivision two of section thirteen [1465-60] hereof shall, in the month of January, 1914, and semiannually thereafter, pay into the State insurance fund the amount of premium determined and fixed by the State liability board of awards for the employment or occupation of such employer the amount of which premium to' be so paid by each such employer to be determined by the classifications, rules and rates made and published by the board; and such employer \ APPENDIX — workmen's COMPENSATION LAWS — OHIO. 365 Bhall semiannually thereafter pay such further sum of money into the State insurance fund as may be ascertained to be due from hiin by applying the rules of the board, and a receipt or certificate certifying that such payment has been made shall immediately be mailed to such employer by the State liability board of awards, which receipt or cer- tificate, attested by the seal of the board shall be prima facie evidence of the j)ayment of such premium: Provided,^ however, That as to all employers yho are subscribers to Existing sub- the State insurance fund at the time of the taking effect of this act,^""*'^'^^' or who may before January 1st, 1914[,] elect to become subscribers thereto, the foregoing provisions for the payment of such premiums in the month of January, 1914, and semiannually thereafter shall not apply, but such subsequent semiannual premiums shall be paid by such employers from time to time upon the expiration of the respective periods for which payments into the fund have been made by them: And provided further, That such employers who will abide by the rules of the State liability board of awards and as may be of sufficient finan- Substitute cial ability or credit to render certain the payment of compensation^''^™^^' to injured employees or to the dependents of killed employees, and the furnishing of medical, surgical, nursing and hospital attention and services and medicines, and funeral expenses equal to or greater than is provided for in this act, or such employers as maintain benefit funds or departments or jointly with other employers maintain mutual asso- ciations of such said financial ability or credit, to which their employees are not required or permitted directly or indirectly to contribute, pro- viding for the payment of such compensation and the furnishing of such medical, surgical, nursing and hospital services and attentipn-and funeral expenses, may, upon a finding of such facts by the State liability board of awards elect to pay individually or from such >6iefit fund department or association such compensation, and furnish such medi- cal, surgical, nursing and hospital services and attention and funeral expenses directly to such injured or the dependents of such killed employees; and the State liability board of awards may require such security or bond from said employers as it may deem proper, adequate and sufficient to compel, or secure to such injured employees, or to the dependents of such employees as may be killed, the payment of the compensation and expenses herein provided for, which shall in no event be less than that paid or furnished out of the State insurance fund, in similar cases, to injured employees or to the dependents of killed employees, whose employers contribute to said fund; and said board shall make and publish rules and regulations governing the mode and manner of making application and the nature and extent of the proof required to justify such finding of facts by the board as to permit such election by such employers, which rules and regulations shall be general in their applications, one of which rules shall provide that all employers electing directly to compensate their injured and the dependents of their killed employees as hereinbefore provided, shall pay into the State insurance fund such amount or amounts as are required to be credited to the surplus in paragraph two of section seven hereof. The State liability board of awards may at any time change or modify its finding of facts herein provided for, if in its judgment such action is necessary or desirable to secure or assure a strict compliance with all the provisions of this act in reference to the payment of compensation and the furnishing of medical, nurse, and hospital services and medi- cines and funeral expenses to injured and the dependents of killed em- ployees. Secs. 1465-70. Employers who comply with the provisions of the Exemption last preceding section shall not be liable to respond in damages at ™ *" common law or by statute, save as hereinafter provided, for injury or death of any employee, wherever occurring, during the period covered by such premium so paid into the State insurance funds, or during the interval of time in which such employer is permitted to pay such com- pensation direct to his injured or the dependents of his killed employees as herein provided. Secs. 1465-71. Any employer who employs less than five workmen Employers of or operatives regularly in the same business, or in or about the same j^en. ° worfe- establishment, who shaU pay into the State insurance fund the premi- 366 APPENDIX workmen's compensation laws OHIO. urns pro\dded by this act, sliall not be liable to respond in damages at common law or by statute, save as hereinafter provided, for injuries or death of any BUch employees, wherever occurring, during the period covered by BUch jiremiums, provided the injured emplojree^ has re- mained in his service with notice that his employer has paid into the State insurance fund the premiums provided by this act; the con- tinuation in the service of such employer with such notice shall be deemed a waiver by the employee of his right of action as aforesaid. Each such employer paying the premiums provided by this act into the State insurance fund, or electing directly to pajy compensation to his injured, or the dependents of his killed employees aa provided in section twenty-two [1465-69] hereof, shall post in conspicuous places about his place or places or business typewritten or printed notices stating the lact that he has made such payment, or that he has complied with the provisions of said section twenty-two hereof and all of the rules and regulations of the State liability board of awards made in pursuance thereof, and has been authorized by said board directly to compensate such said employeesor dependents; and the same, when so posted, shall constitute sufficient notice to his employees of the fact that he has made such payment, or that he has complied with such elective pro- vision of section twenty-two [1465-69]; and of any subsequent payments he may make after such notices have been posted. . Disburse- Sec. 1465-72. The State liability board of awards shall disburse the ployees *"'' State insurance fund to such employees of employers as have paid into said fund the premiums applicable to the classes to which they belong, who have been injured in the course of their employment, wheresoever such injuries have occurred, and which have not been purposely self- inflicted, or to their dependents in case death has ensued. AH employ- ers electing directly to compensate their injured employees^ in com- phance with this act, shall pay to such injured employees, or to the de- pendents of employees who have been killed in the course of their em- ployment, unless such injury or death of such employee has been pur- posely self-inflicted, the compensation, and shall furnidi such medical, surgical, nurse and hospital care and attention or funeral expenses as would have been paid and furnished by virtue of this act under a sim- ilar state of factSj by the State liability board of awards out of the State insurance fund, in case said employer had paid the premium provided by this act, into said fund: Provided, however^ That if any rule or regulation of such employer so directly compensatmg his employees, shall provide for or authorize the pa3Tnent of greater compensation or more complete or extended medical care, nursing, surgical and hospital attention or funeral expenses to such injured employees, or to the dependents of such employees aa may be kUled, such employer shall be required to pay to such employees, or to the dependents of such as are killed, the amount of compensation and furnish such medical care, nursing, surgical and hospital attention or funeral expenses provided by his said rules and regulations. And sucn payment or payments to such injured employees, or to their dependents in case death has ensued, shall be in Ueu of any and all rights of action whatsoever against the employer of such injured or killed employees. ,if™&JrJ'^' ,.?^°- 1465-73. Employers mentioned in subdivision two of section thirteen [1465-60] hereof, who shall fail to comply with the provisions of secti9n twentjr-two [1465-69] hereof, shall not be entitled to the benefits of this act during the period of such noncompliance, but shall be liable to their employees for damages suffered by reason of personal injuries sustained in the course of employment caused by the wrongful act, neg- lect or default of the employer, or any of the employer's officers, agents or employees, and also to the personal representatives of such employees where death results from such injuries and in such action the defendant shall not avail himself or itself of the following common law defenses: Defenses abro- The defense of the fellow-servant rule, the defense of the assumption of risk or the defense of contributory negligence. And such employers shall also be subject to the provisions of the two sections next succeeding. pensatfon"'" *"""" u^^A^^^^l^: ^^^X employee whose employer has failed to comply witii the provisions of section twenty-two [1465-69] hereof, who has been mjured in the course of his employment, wheresoever such injury hag ble in damages. APPENDIX workmen's COMPENSATION LAWS OHIO. 367 occurred, and which was not purposely self-inflicted, or his dependents in case death has ensued, may, in lieu of proceeding against his em- plojrer by civil action in the co\u1;s, as provided in the last preceding section, file his application with the State liability board of awards for compensation in accordance with the terms of this act, and the board shall hear and determine such application for compensation in like Dotehnination manner as in other claims before the board; and the amount of the com- ^^ board, pensation which said board may ascertain and determine to be due to such injured employee, or to his dependents in case death has ensued, shall be paid by such employer to the person entitled thereto within ten days after receiving notice of the amount thereof as fixed and deter- mined by the board; and in the event of the failure, neglect or refusal of the employer to pay such compensation to the person entitled thereto, within said period of ten days, the same shall constitute a liquidated claim for damages against such employer in the amount so ascertained and fixed by the board, which with an added penalty of fifty per cen- tum, may be recovered in an action in the name of the State for the ben- efit of the person or persons entitled to the same. And any employee whose employer has elected to pay compensation to his injured, or to the dependents of his killed employees in accordance with the provisions of section twenty-two [1465-69] hereof, may, ia the event of the failure of his employer to so pay such compensation or furnish such medical, surgical, nursing and hospital- services and attention or funeral ex- penses, file his application with the State liability board of awards for the purpose of having the amount of such compensation and such med- ical, surgical, nursing and hospital services and attention or funeral ex- penses determined; and thereupon like proceedings shall be had before the board and with like effect as hereinbefore provided. And the State liability board of awards shall adopt and publish rules Procedure, and regulations governing the procedure before the board provided in this section, and shall prescribe forms of notices and the mode and manner of serving the same in all claims for compensation arising under this section. Any suit, action or proceeding brought against any em- ployer under the provisions of this section, may be compromised by the board, or such suit, action or proceeding may be prosecuted to final judgment as in the discretion of the board may best subserve the interests of the persons entitled to receive such' compensation. Sec. 1465-75. If any employer shall default in any payment re- Defaults in pay- quired to be made by him to the State insurance fund, the amount due ™™'^- from him shall be collected by civil action against him in the name of the State as plaintiff; and it shall be the duty of the State liability board of awards on the first Monday in February, 1914, and on the first Monday of each month thereafter, to certify to the attorney general of the State the names and residences of all employers known to the board to be in default for such payments for a longer period than five days, and the amount due from each such employer, and it shall then be the duty of the attorney general forthwith to bring, or cause to be brought against each such employer a civil action in the proper court for the collection of such amount so due, and the same when collected, shall be paid into the State insurance fund, and such em- ployer's compliance with the provisions of this act requiring pay- ments to be made to the State insurance fund sha,ll date from the time of the payment of said money bo collected as aforesaid to the treasurer of State for credit to the State insurance fund. Sec. 1465-76. But where a personal injury is suffered by an em- wmtui injuries, ployee, or where death results to an employee from personal injury while in the employ of an employer in the course of employment, and such eniployer has paid into the State insurance fund the premium provided for in this act, or is authorized directly to compensate such employee or dependents by virtue of compliance with section twenty- two [1465-69] of this act, and in case such injury has aiisen from the willful act of such employer, or any of such employer's officers or agents, or from the failure of such employer or any of such employer's officers or agents to comply with any lawful requirement for the pro- tection of the lives and safety of employees, then m such event, nothing in this act contained shall affect the civil liability of such employer, but such injured employee, or his legal representative in case death 368 APPENDIX workmen's compensation laws OHIO. ferred. rirst week. Temporary to- tal disability. Choice of pro- results from the injury, may, at his option, either claim coDipensation cedure. under this act or institute proceedings in the courts for his damage on account of such injury; and such employer shall not be liable for any injury to any employee or his le^al representative in case death results, except as provided in this section; and in all actions authorized by Defenses. this section the defendant shall be entitled to plead the defense of contributory negligence and the defense of the fellow-servant rule; and, in all cases determined in court as authorized by this section when a judgment is awarded the plaintiff, the court shall determine, fix and award the amount of fee or fees to be paid plaintiff's attorney or attorneys, any contract to the contrary notwithstanding. Every employee, or his legal representative in case death results, who makes application for an award, or accepts compensation from an employer who elects, under section twenty-two [1465-69] of this act, directly to pay such compensation, waives his right to exercise his option to institute proceedings in any court, except as provided in section forty-three [1465-90] hereof. Every employee, or his legal representative in case death results, who exercises his oj)tion to insti- tute proceedings in court as provided in this section, waives his right to any award, or direct payment of compensation from his employer under section twenty-two [1465-69] hereof, as provided in this act. Judgments pre- Sec. 1465-77. All judgments obtained in any action prosecuted by the board or by the State under the authority of this act shall have the same preference against the assets of the employer as isnow or may hereafter be allowed by law on judgments rendered for claims for taxes. Sec. 1465-78. No compensation shall be allowed for the first week after the injury is received, except the disbursement hereinafter authorized for medical, nurse and hospital services and medicines, and for funeral expenses. Sec. 1465-79. In case of temporary disability, the employee shaU receive sixty-six and two-thirds per cent of his average weekly wages so long as such disability is total, not to exceed a maximum of twelve dollars per week, and not less than a minimum of five dollars per week, unless the employee's wages shall be less than five dollars per week, in which event he shall receive compensation equal to his full wages ; but in no case to continue for more than six years from the date of the injury, or to exceed three thousand, seven hundred and fifty doUaxs. disa- Sec. 1465-80. In case of injury resulting in partial disability, the employee shall receive sixt^-six and two-thjrds per cent of the impair- ment of his eaming capacity during the continuance thereof, not to exceed a maximum of twelve dollars per week, or a greater sum in the aggregate than thirty-seven hundred and fifty dollars. In cases included in the following schedule, the disability in each case shall be deemed to continue for the period specified and the compensation so paid for such injury shall be as specified herein, to wit: For the loss of a thumb, 66f % of the average weekly wages during sixty weeks. For the loss of a first finger, commonly called index finger, 66 J ^ of the average weekly wages during thirty-five weeks. For the loss of a second finger, 66f % of the average weekly wages during thirty weeks. For the loss of a third finger, 66§% of the average weekly wages during tirenty weeks. For the loss of a fourth finger, commonly known as the little finger, 66 J % of the average weekly wages during fifteen weeks. The loss of the second, or distal phalange, of the thumb shall be con- sidered to be equal to the loss of one-half of such thumb; the loss of more than one-half of such thumb shall be considered to be equal to the loss of the whole thumb. _ The loss of the third, or distal phalange, of any finger shall be con- sidered to be equal to the loss of one-third of such finger. The loss of the middle, or second phalange, of any finger shall be con- sidered to be equal to the loss of two-thu-da of such finger. The loss of more than the middle and distal phalanges of any finger shall be considered to be equal to the loss of the whole finger: Provided, however, That in no case will the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand. Partial biUty. Sohedale. APPENDIX — workmen's COMPENSATION LAWS — OHIO. 369 For the loss of tlie metacarpal bone (bones of palm) for the corre- sponding thumb, finger, or fingers as above, add ten weeks to the num- ber of weeks as above. For ankylosis (total stiffness of) or contractures (due to scars or in- juries) which makes the fingers more than useless, the same number of weeks apply to such finger or fingers (not thumb) as given above. For the loss of a hand, 66 J % of the average weekly wages during one hundred and fifty weeks. For the loss of an arm, 66f ^ of the average weekly wages during two hundred weeks. For the loss of a great toe, 66f % of the average weekly wages during thirty weeks. For the loss of one of the toes other than the great toe, 66J% of the average weekly wages during ten weeks. The loss of more than two-thirds of any toe shall be considered to be equal to the loss of the whole toe. The loss of less than two-thirds of any toe shall be considered to be no loss. For the loss of a foot, 66f % of the average weekly wages during one hundred and twenty-five weeks. For the loss of arleg, 66 J % of the average weekly wages during one hundred and seventy-five weeks. For the loss of an eye, 66f % of the average weekly wages during one hundred weeks. The amounts specified in this clause are all subject to the limitation as to the maximum weekly amount payable as hereinbefore specified in this section. Sec. 1465-81. In cases of permanent to tar disability, the award shall Permanent dis- be sixty-six and two-thirds per cent of the average weekly wages, and ^^'^'■^• shall continue until the death of such person so totally disabled, but not to exceed a maximum of twelve dollars per week and not less than a minimum of five dollars per week, unless the employee's average weekly wages are less than five dollars per week at the time of the injury, in which event he shall receive compensation in an amount equal to his average weekly wages. The loss of both hands or both arms, or both feet or both legs, or both eyes, or of any two thereof , shall prima facie constitute total and perma- nent disability, to be compensated according to the provisions of this section. Sec. 1465-82. In case the injury causes death within the period of Death, two years, the benefits shall be in the amounts and to the persons fol- lowing: 1. If there be no dependents, the disbursements from the State insurance fund shall be limited to the expenses provided for in section forty-two hereof [1465-891. 2. If there are wholly dependent persons at the time of the death, the payment shall be sixty-six and two-thirds per cent of the average weekly wages, and to continue for the remainder of the period between the date of the death, and six years after the date of the injury, and not to amount to more than a maximum of thirty-seven hundred and-fif ty dollars, nor less than a minimum of one thousand five hundred dollars. 3. If there are partly dependent persons at the time of the death, the payment shall be sixty-six and two-thirds per cent of the average weekly wages, and to continue for all or such portion of the period of six years after the date of the injury, as the board in each case may determine, and not to amount to more than a maximum of thirty-seven hundred and fifty dollars. 4. The following persons shall be presumed to be wholly dependent Dependents, for support upon a deceased employee: (A). A wife upon a husband with whom she lives at the time of his death. (B). A child or children under the age of sixteen years (or over said age if physically or mentally incapacitated from earning), upon the parent with whom he is living at the time of the death of such parent. In all other cases, question of dependency^ in whole or in part, shall be determined in accordance with the facts m each particular case ex- isting at the time of the injury resulting in the death of such employee, 22566°— S. Doc. 336, 63-2 ^24 370 APPENDIX WOEKMEn's COMPENSATION LAWS OHIO. Payment of death benefits. Basis of com- puting benefits. Young employ- Jurisdiction continuing. Lump sums. Payments ex- empt. Medical, etc., expenses. Decisions final. Proviso. Appeals. but no person shall be considered as dependent unless a member of the family of the deceased employee, or bears to him the relation of husband or widow, lineal descendant, ancestor or brother or sister. The word "child" as used in this act, shall include a posthumous child, and a child legally adopted prior to the injury. Sec. 1465-83. The benefits in case of death, shall be paid to such one or mere of the dependents of the decedent, for the benefit of all the de- Eendents as may be determined by the board, which may apportion the enefits among the dependents in such manner as it may deem just and equitable. Payment to a dependent subsequent in right may be made, if the board deems it proper, and shall operate to discharge all other claims therefor. The dependent or person to whom benefits are paid shall apply the same to the use of the several beneficiaries thereof accordmg to their respective claims upon the deeedent for support, in compliance with the finding and direction of the board. In all cases of death where the dependents are a widow and one or more minor children, it shall be sufficient for the widow to make appli- cation to the board on behalf of herself and minor children; and in cases where all of the dependents are minors, the application shall be made by the guardian or next friend of such minor dependents. Sbo. 1465-84. The average weekly wage of the injured person at the time of the injury shall be taken as the basis upon which to compute the benefits. Sec. 1465-85. It [If] it is established that the injured employee was of such age and experience when injured as that under natural con- ditions his wages would be expected to increase, the fact may be con- sidered in arriving at his average weekly wage. Sec. 1465-86. The powers and jurisdiction of the board over each case shall be continuing, and it may from time to time make such modifica- tion or change with respect to former findings or orders with respect thereto, as, in its opinion may be justified. Sec. 1465-87. The board, under special circumstances, and when the same is deemed advisable, may commute periodical benefits to one or more lump sum payments. Sec. 1465-88. Compensation before payment shall be exempt from all claims or creditors and from any attachment or execution, and shall be paid only to such employees or their dependents. Sec. 1465-89. In addition to the compensation provided for herein, the board shall disburse and pay from the State insurance fund, such amounts for medical, nurse and hospital services and medicine as it may deem proper, not, however, in any instance, to exceed the sum of two hundred dollars ; and , in case death ensues from the injury, reason- able funeral expenses shall be disbursed and paid from the fund in an ■amount not to exceed the sum of one hundred and fifty dollars, and the board shall have full power to adopt rules and regulations with respect to furnishing medical, nurse and hospital services and medicine to injured employees entitled thereto, and for the payment therefor. Sec. 1465^90. The board shall have full power and authority to hear and deter min e all questions within its jurisdiction, and its decision thereon shall be final. Provided, however, In case the final action of such board denies the right of the claimant to participate at all in such fund on the ground that the injury was self-inflicted or on the ground that the accident did not arise in the course of employment, or upon any other ground going to the basis of the claimant's right, then the claimant, within thirty (30) days after the notice of the final action of such board, may, by filing ids appeal in the common pleas court of the county wherein the injury was inflicted, be entitled to a trial in the ordinary way, and be entitled to a jury if he demands it. In such a proceeding, the prosecuting attorney of the county, without additional compensation, shall represent the State liability board of awards, and he shall be notifled by the clerk forthwith of the filing of such appeal. Within thirty days after filing* his appeal, the appellant shall file a petition in the ordinary form against such board as defendant, and further pleadings shall he had in said cause, according to the rules of civil procedure, and the court, or the jury, under the instructions of the court, if a jury is demanded, shall determine the right of the claim- ant; and if they determine the right in his favor, shall fix his compen- sation within the limits under the rules pves'-ribed in this act; and any APPENDIX workmen's COMPENSATION LAWS OHIO. 371 final judgment so obtained shall be paid by the State liability board of awards out of the State insurance fund in the same manner as such awards are paid by such board. The cost of such proceeding, including a reasonable attorney's fee to the claimant's attorney to be fixed by the trial judge, shall be taxed against the unsuccessful party. Either party shall have the right to prosecute error as in the ordinary civil cases. Sec. 1465-91. Such board shall not be bound by the usual common Procedure, law or statutory rules of evidence' or by any technical or formal rules of procedure, other than as herein provided; but may make the investi- gation in such manner as in its judgment is best calculated to ascertain the substantial rignts of the parties and to carry out justly the spirit of this act. Sec. 1465-92. No provision of this act relating to the amount of com- Fixing damages, pensation shall be considered by, or called to the attention of the jury on the trial of any action to recover damages as herein provided. Sec. 1465-93. A minor working at an age legally permitted under the Minors, laws of this State, shall be deemed sui juris for the purposes of this act, and no other person shall have any cause of action or right to compensa- tion for an injury to such minor workman, but in the event of the award of a lump sum of compensation to such minor employee, such sum shall be paid only to the legally appointed guardian of such minor. Sec 1465-94. No .agreement by an employee to waive his rights to Waiveis. compensation under this act shall be valid. No agreement by an employee to pay' any portion of the premium paid by his employer into the State insurance fund shall be valid, and any employer who Enaployees deducts any portion of such premium from the wages or salary of any ^fu^'s'^ ^ p r e- employee entitled to the benefits of this act shall be guilty of a mis- demeanor, and upon conviction thereof shall be fined not more than one hundred dollars for each such offense. Sec. 1465-95. Any employee claiming the right to receive compen- Medical exami- sation under this act may be required by the board or its chief medical °at'™s. examiner, to submit himself for medical examination at any time and from time to time at a place reasonably convenient for such employee, and as may be provided by the rules of the board. If such employee refuses to submit to any such examination or obstructs the same, his right to have his claim for compensation considered, if his claim be pending before the board, or to receive any payments for compensation theretofore granted shall be suspended during the period of such refusal or obstruction. Sec. 1465-96. All books, records, and pay rolls of the employers of Employers' the State, showing or reflecting in any way upon the amount or wage ex- ^^^ ™"^' ^^"^ penditure of such employers, shall always be open for inspection by the board or any of its traveling auditors, inspectors or assistants, for the purpose of ascertaining the correctness of the wage expenditure, the num- ber of men employed, and such other information as may be necessary for the uses and purposes of the board in its administration of the law. Refusal on the part of any employer to submit his books, records and pay rolls for the inspection of any member of the board or traveling auditor, inspector or assistant presenting written authority from the board, shall subject such employer to a penalty of one hundred dollars ($100) for each such offense, to be collected by civil .action in the name of the State, and paid into the State insurance fund to become a part thereof. Seo. 1465-97. Any ernployer who misrepresents to the board the amount of pay roll upon which the premium under this act is based, Misrepresenta- shall be liable to the State in ten times the amount of the difference in °°^' premium paid and the amount the employer should have paid. The liability to the State under this section shall be enforced in a civil action in the name of the State, and all sums collected under this section shall be paid into the State insurance fund. Sec. 1465-98. The provisions of this act shall applyto employers Railway, etc., and their employees engaged in intrastate and also in interstate and ®°iP'°y^^- foreign commerce, for whom a rule of liability or method of compensa- tion nas been or may be established by the Congress of the United States, only to the extent that their mutual connection with intrastate work may and shall be clearly separable and distinguishable from interstate or foreign commerce, and then only when such employer 372 APPENDIX workmen's compensation laws OHIO. and any of his -workmen working only in this State, with the approval o£ the State liability board of awards, and so far as not forbidden by any act of Congress, voluntarily accept the provisions of this act by filing written acceptances, which, when filed with and approved by the board, shall subject the acceptors irrevocably to the provisions of this act to all intents and purposes as if they had been originally included in its terms, during the period or periods for which the premiums herein provided have been paid. Payment of premium shall be on the basis of the pay roll of the workmen who accept as aforesaid. Accidents to be Sec. 1465-99. Every employer of the State shall keep a record of all reported. injuries, fatal or otherwise, received by his employees m the course of their employment. Within a week after the occurrence of an accident resulting in personal injury, a report thereof shall be made in writing to the State liability board of awards upon blanks to be procured from the board for that purpose. Such report shall contain the name and nature of the business of the employer, the location of his establishment or place of work, the name, address and occupation of the injured em- ployee, and shall state the time, the nature and cause of injury and such other information as may be required by the board. Any employer who refuses or neglects to make any report required by this section, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500) for such offense. Enforcement. Sec. 1465-100. Upon the request of the board, the attorney general, or under his direction, the prosecuting attorney of any county shall institute and prosecute the necessary actions or proceedings for the enforcement of any of the provisions of this act, or for the recovery of any money due the State insurance fund, or any penalty herein pro- vided for, arising within the county in which he was elected, and shall defend in like manner all suits, actions or proceedings brought against the board or the members thereof in their official capacity. Agreements Sec. 1465-101. All contracts or agreements entered into by any '^ employer, the purpose of which is to indemnify him from loss or damage on account of the injury of such employee by accidental means or on account of the negligence of such employer or such em- ployer's officer, agent or servant, shall be absolutely void, unless such contract or agreement shall specifically provide for the payment to such injured employee of such amounts for medical, nurse and hospital services and medicines, and such compensation as is provided by this act for injured employees; and in the event of death shall pay such amounts as are herein provided for funeral expenses and for com- pensation to the dependents of those partially dependent upon such employee; and no such contract shall agree, or be construed to agree, to indemnify such employer, other than hereinbefore designated, for any civil liability for which he may be liable on account of the injury to his employee by the willful act of such employer, or any of such employer's officers or agents, or the failure of such employer, his officers or agents, to observe any lawful requirement for the safety of employees. Expenditures Sec. 1465-102. The board may make necessary expenditures to uy board. obtain Statistical and other information to establish the classes provided for in section six hereof. The salaries and compensation of the mem- bers of the board, of the secretary and all actuaries, accountants, inspectors, examiners, experts, clerks, physicians, stenographers and other assistants, and all other expenses of the board herein authorized, including the premium to be paid by the State treasurer for the bond to be furnished by him, shall be paid out of the State treasury upon vouchers signed by two of the members of such board and presented to the auditor of State, who shall issue his warrant therefor as in othercases. Annual reports. Sbc. 1465-103. Annually on or before the 15th day of December, such board, under the oath of at least two of its members, shall make » report to the governor for the preceding fiscal year, which shall include a statement of the number of awards made by it, and a general statement of the causes of accidents leading to the injuries for which tha awards were made, a detailed statement of the disbursements from the expense fund, and the condition of its respective funds, together with any other matters which the board deems proper to call to the attention of the governor, including any recommendations it may have to make, and and it shall be the duty of the board from time to time to publish and APPENDIX — workmen's COMPENSATION LAWS — OHIO. 373 distribute among employers and employees, such general information as to the business transacted by the department as in its judgment may be useful. Sec. 1465-104. The board shall cause to be,printed in proper form for Rules, rates, distribution to the public its classifications, rates, rules, regulations and eto-.tobeprmted. rules of procedure, and shall furnish the same to any person upon application therefor, and the fact that such classifications, rates, rules, regulations and rules of procedure are printed ready for distribution to all who apply for tlie same, shall be a sufficient publication of the same as required by this act. Sec. 1465-105. No injunction shall issue suspending or restraining injunctions, any order, classification or rate adopted by the board, or any action of the auditor of State, treasurer of State, attorney general, or the auditor or treasurer of any county, required to be taken by them or any of them by any of the provisions of this act; but nothing herein shall effect any right or defense in any action brought by the board or the State in pursuance of authority contained in this act. Sec. 1465-106. Shouldany section or provision of this act be decided Questions of by the courts to be unconstitutional or invalid, the same shall not affect ooustitutionaUty. the validity of the act as a whole or any part thereof other than the part so decided to be unconstitutional. Sec. 1465-107. It shall be unlawful for the State liability board of Nonresident awards, or any other body constituted by the statutes of the State of Ohio, 0/3^^°. » e n ef 1- or any court of said State, in awarding compensation to the dependents of employees, or others killed in Ohio, to make any discrimination against tiie widows, ctiUdren, or other dependents, who shall reside in a for- eign country; and it shall be the duty of the State liability board of awards, or any other board or court, in determining the amount of com- pensation to be paid to the dependents of killed employees, to pay to the alien dependents residing in foreign countries the samebenefite as to those dependents residing in the State of Ohio. Sec. 1465-108. When the dependents of killed employees reside in a Consular offl- foreign country, the consul general, consul, vice_ consul, or consular "^"^ *° ^"^^ agent, duly accredited to the consular district within which such killed employee lived at the time of his decease by the country wherein such dependents of the killed employee reside, shall furnish the necessary information regarding such dependents of killed employees so that the State liability board of awards may transmit to such dependents the funds provided for in the compensation act of the State of Ohio, or any amendments thereto. Approved June 15, 1911; amendments approved March 14, 1913, and May 3, 1913. OREGON. ACTS OF 1913. Chapter 112. — Compensation of workmen for injuries — State insurance fund. Section 1. The State of Oregon recognizes that the prosecution of Grounds of law. the various industrial enterprises which must be relied upon to create and preserve the wealth and prosperity of the State involves the injury of large numbers of workmen, resulting in their partial or total inca- pacity or death, and that under the rules of the common law and the provisions of the statutes now in force an unequal burden is cast upon Its citizens, and that in determining the responsibility of the employer on account of injuries sustained by his workmen, a great and unneces- sary cost is now incurred in litigation, which cost is divided between the workmen, the employers and the taxpayers, who provide the pub- lic funds, without any corresponding benefit; to maintain courts and juries to determine the question of responsibility under the law as it now exists, and that the State and its taxpayers are subjected to a heavy burden in providing care and support for such injured workmen and their dependents, and that this burden should, in so far as may be consistent with the rights and obligations of the people of the State, be more fairly distributed as in this act provided. Sec 2. A commission is hereby created which shall be known as the Commission "State Industrial Accident Commission," to be composed of three'"''''*'' ' commissioners. Immediately upon the takiag effect of this act, the 374 APPENDIX workmen's compensation laws OREGON. Duty of com- missioners. Oath. governor shall appoint such, commissioners, not more than two of whom shall belong to one political party. Such commissioners shall be ap- pointed for respective terms expiring on the first Monday in January m the years 1915, 1916 and 1917; that thereafter the commissioners shall be appointed for terms of four years by the same authority on the first Monday in December in each year next preceding the expiration of the term of a commissioner. Each commissioner appointed hereunder shall hold oflace until his successor is appointed and qualified. Any vacancy shall be filled by appointment by the governor. Inasmuch as the duties to be performed by such commissioners vitally concern the employers, the employees, as well as the whole people, of the State, it is hereby declared to be the purpose of this act that persons be ap- pointed as commissioners who shall fairly represent the interests of all concerned in its administration. Removal of Sec. 3. The governor may at any time remove any commissioner ap- commissioners. pointed by him for inefficiency, neglect of duty or malfeasance in office. Before such removal he shall give such commissioner a copy of the charges against him and shall fix the time when he can be heard in his own defense, which shall not be less than ten days thereafter, and such hearing shall be open to the public. If such commissioner shall be re- moved, the governor shall file in the office of the secretary of state a complete statement of all charges made against such commissioner and his findings thereon, with a record of the proceedings. Such power of removal shall be absolute and there shall be no right of review iu any court whatsoever. No commissioner shall hold any other office or position of profit or pursue any other business or vocation or serve on or under any com- mittee of any political party, but shall devote his entire time to the duties of his office. Before entering on the duties of his office, each commissioner shall take and subscribe to an oath or affirmation that he will support the constitution of the United States and of this State and faithfully and honestly discharge the duties of such office of commissioner; that he holds no other office or position of profit, and that he pursues and will pursue while such commissioner no other calling or vocation, and that he holds, and while such commissioner will hold, no position under any political party, which oath or aflSrmation shall be filed in the office of the secretary of state. Each of the commissioners shall also, before entering upon the duties of his office, execute a bond payable to the State of Oregon, in the penal sum of 110,000, with sureties to be approved by the governor, condi- tioned for the faithful discharge of the duties of his office, which bond when so executed and approved shall be filed in the office of the sec- retary of state. Each of the commissioners shall receive an annual salary of thirty-six hundred dollars ($3,600), payable from the fund hereinafter provided. Sec. 4. The commissioners so appointed under this act shall, within twenty days after their appointment, meet at the State capital and or- ganize by electing one of their number chairman, who shall serve until the commissioner to be appointed for the term commencing in January, 1915, shall have qualified and taken office. Immediately after the qualification of the commissioner for the term commencing in January, 1915, and biennially thereafter, the commissioners shall meet at the office of the commission, which shall be maintained at the State capitol, and shall elect a chairman, who shall serve for two years and until his successor is chosen. Sec. 5. A majority of the commissioners shaU constitute a quorum to transact business, and the act or decision of any two of the com- missioners shall be deemed the act or decision of the commission. No vacancy shall impair the right of the remaining commissioners to exercise all the powers of the commission. Sec. 6. The commission may employ and terminate the employ- ment of such assistants, experts and clerks as may be required in the administration of this act at a total expense not exceeding twenty-five thousand dollars ($25^000) per annum. SeC; 7; The commission, in its name, may sue and be sued, and the commission shall have a seal which shall bear the name of the com- mission. The commission is hereby charged with the administration of the provisions of this act, and to that end may hold sessions at any Bond. Salary. Organization. Quorum. Employees. Powers. APPENDIX workmen's COMPENSAOION LAWS — OEEGON. 375 place within the State, and is hereby authorized to issue subpcenas requiring the attendance of witnesses and the production of docu- ments, and obedience to such subpcenas may be compelled, on appli- cation of the commission, by the circuit court for the county where such subpoenas shall be returnable. Sec. 8. The commission is hereby authorized to make and declare Rules, etc. all rules and regulations which shall reasonably be required in the administration of the provisions of this act, and shall require the mak- ing of reports of accidents, reports of amounts paid or agreed to be paid as wages by employers to workmen and may prescribe and require the use of the pay roll form by employers which shall carry such specific information as may be deemed necessary by the commission, and may incur such expenses as the commission shall determine reasonably necessary in the administration of this act. Sec. 9. The commission is hereby required to render to the governor Reports. of the State, quarter yearly, a report with full statistical information covering the acts of the commission and the receipt and disbursement of moneys hereunder. Sec. 10. AH persons, firms and corporations engaged as employers Application of in any of the hazardous occupations hereafter specified shall be subject to the provisions of this act: Provided, however, That any such person, Provisos. firm or corporation may be relieved of certain of the obligations hereby imposedj and shall lose the benefits hereby conferred by filing with the commission written notice of an election not to be subject thereto in the manner hereinafter specified: Provided, however, That where an employer is engaged in a hazardous occupation, as hereinafter defined, and is also engaged in another occupation or other occupations not so defined as harardous, he shall not be subject to this act as to such noiihazardous occupations, nor shall his workmen wholly engaged in such nonhazardous occupations be subject thereto except by an election as authorized by section 31 thereof: Provided, however. That employ- ers and employees who are engaged in an occupation partly hazardous and partly nonhazardous shall come within the terms of this act the same as if said occupation were wholly hazardou,s. Sec. 11. All workmen in the employ of persons, firms or corporations . Employees sub- ■who as employers are subject to this act shall also be subject thereto: ^ Provided, however. That any such workman may be relieved of the Provifo. obligations hereby imposed and shall lose the benefits hereby con- ferred by giving to his employer written notice of an election not to be subject thereto in the manner hereinafter specified. Any workman of the age of 16 years and upwards shall himself exercise the election hereby authorized. The right of election hereby authorized shall be exercised on behalf of any workman under the age of 16 years by his parent or guardian. This act shall not apply to workmen of less than the minimum age prescribed by law for the employment of minors in the occupation in which such workmen shall be engaged. Sec 12. Every workman subject to this act while employed by an J*™®?*^ P^^' employer subject to this act, who after June 30, next following the ' ''™°- taking effect of this act, while so employed sustains personal injury by accident arising out of and in the course of his employment and re- sulting in his disability, or the beneficiaries as hereinafter defined, of such workman in case such injury results in death, shall be entitled to receive from the Industrial Accident Fund hereby created the sum or sums hereinafter specified and the right to receive such sum or sums shall be in lieu of all claims against his employer on account of such injury or death except as hereinafter specially provided: Provided, ^K^'j.^^ caused however. That if the injury to a workman occurring away from the plant ^^ * " persons. of his employer is due to the negligence or wrong of another not in the same employ, the injured workman, or if death result from the injury, his widow, children or dependents^, as the case may_ be, shall elect whether to take under this act or seek a remedy against such other, such election to be in advance of any suit, and if he take under this act the cause of action against such olier shall be assigned to the State for the benefit of the accident fund. If the other choice is made the accident fund shall contribute only the deficiency, if any, between the amount of recovery against such third person actually collected and the compensation provided or estimated by this act for such case. Any such cause of action assigned to the State may be prosecuted or 376 APPENDIX workmen's compensation laws OREGON. compromised by the department in its discretion. Any compromise by the workman of any such suit which would leave a deficiency to be made good out of the accident fund may be made only with the written approval of the department. Hazardous 00- Sec. 13. The hazardous occupations to which this act is applicable oupations. are as follows: Factories, mills and workshops where machinery is used; printing, electrotyping, photo-engraving and stereotypiug plants where ma- chinery isnsed; foundries, blast furnaces, mines, wells, gas works, wa- terworks, reduction works, breweries, elevators, wharves, docks, dredges, smelter, powderworks, laundries operated by power; quarries; engineering works; logging, lumbering and shipbuilding operations; logging, street and interurban railroads not engaged in interstate commerce; buildings being constructed, repaired, moved or demol- idied; telegraph, telephone, electric light or power plants, or lines, steam heating or power plants, railroads not engaged in interstate com- merce, steamboats, tugs and ferries. Definitions. Sbc. 14. In the sense of this act words employed mean as here stated, to wit: Factories mean undertakings in which the business of working at commodities is carried on with power-driven machinery, either in man- ufacture, repair or change, and shall include the premises, yard and plant of the concern. Workshop means any plant, yard, premises, room or place wherein power-driven machinery is employea and manual labor is exercised by way of trade for gain or otherwise m or incidental to the process of mak- ing, altering, repairing, printing or ornamenting, finishmg or adapting for sale or otherwise any article or part of article, machine or thing, over which premises, room or place the employer of the person working therein, has the right of access or control. Mill means any plant, premises, room or place where machinery is used, any process of machmery, changing, altering or repairing any ar- ticle or conunodity for sale or otherwise, together with the yards and premises which are part of the plant, including elevators, warehouses and bunkers. Mine means any mine where coal, clay, ore, mineral, gypsum or rock is dug or mined underground. Quarry means an open cut from which coal is mined, or clay, ore, mineral, gypsum, sand, gravel, or rock is cut or taken for manufactur- ing, building or construction. Engineering work means any work of construction, improvement or alteration or repair of buildings, structures, streets, highways, sewers, street railways, railroads not then engaged in interstate commerce, log- ging roads, mterurban railroads not then engaged in interstate com- merce, harbors, docks, canals, electric, steam or water power plants, telegraph and telephone plants and lines; electric light or power lines, and includes any other works for the construction, alteration or repair of which machinery driven by mechanical power is used. The term " employer" used in this act shall be taken to mean any person, firm or corporation, but not including municipal corporations, that shall contract for and secure the right to direct and control the services of any person, and the term "workman" shall be taken to mean any person, male or female, who shall engage to furnish his or her services subject to the direction or control of an employer. Dependent means any of the following named relatives of a workman whose death results from any injury and who leaves surviving no widow, widower or child under the age of sixteen years, viz: Invalid child over the age of sixteen years, daughter between sixteen and eighteen years of age, father, mother, grandfather, grandmother, stepfather, step- mother, grandson, granddaughter, stepson, stepdaughter, brother, sis- ter,_ half sister, half brother, niece, nephew, who, at the time of the accident are dependent in whole or in part for their support upon the earnings of the workman. Except where otherwise provided by treaty, aliens other than father or mother, husband and wife or children, not residing within the United States at the time of the accident, are not included. Beneficiary means a husband, wife, child or dependent of a workman, in whom shall vest a right to receive payment under this act. APPENDIX — workmen's COMPENSATION LAWS— OREGON. 377 Invalid means one wIlo is physically or mentally incapacitated from earning. The word " child, " as used in this act, includes a posthumous child, a child legally adopted prior to the injury, and an illegitimate child legitimated prior to the injury. Any member or officer of any corporate employer who shall be carried upon the pay rolls at a salary or wage not less than the average salary or wage of such pay roll, but not otherwise, shall be deemed to be a workman. Sec. 15. Any employer engaged in any_ of such hazardous occupa- Election not to tions who would otherwise be subject to this act, may on or before June ""^tribute. 15 next following the takii^ effect of this act file with the commission a statement in writing declaring his election not to contribute to the Industrial Accident Fund hereby created, and thereupon, such em- ployer shall be relieved from all obligations to contribute thereto, and such employer shall be entitled to none of the benefits of this act, and shall be liable for injuries to or death of his workmen, which shall be occasioned by his negligence, default or wrongful act as if this act had not been passed, and in any action brought against such an employer on account of an injury sustained after June 30 next following the tak- ing effect of this act, it shall be no defense for such employer to show . Defenses . aboi- that such injury was caused in whole or in part by the negligence of a ^'•^'i- fellow servant of the injured workman, that the negligence of the in- jured workman, other than in his willful act, committed for the pur- pose of sustaining the injury, contributed to the accident, or that the injured workman had knowledge of the danger or assumed the risk which resulted in his injury. Any person, firm or corporation hereafter engaging as an employer in any of said hazardous occupations may file a Uke notice with said commission within ten days aiter becoming such employer and shall thereby and thereupon become relieved from making contributions to said fund and shall be liable to his workmen as in the case of existing employers so electing and shall as in the case of such employers lose all benefit of the defenses above described. From and after June 30 next Notices to bo following the taking effect of this act, all employers engaged in said Pasted, hazardous occupations shall display in a conspicuous manner about their works and in a sufficient number of places reasonably to inform their workman of the fact, printed notices stating that they are or are not, as the case may be, contributors to the fund. The failure of an employer to display such notices shall be a misdemeanor. Sec. 16. All such employers who shall not as herein provided give . itelatlou a con- to the commission written notice of their election not to contribute to *'°uing one. said fund, shall be subject to all of the provisions of this act until and including the next succeeding thirtieth day of June, and thereafter until and including June 30 of each succeeding year, unless at least 60 days prior to June 30 in some year written notice shall be given to said commission of an election to cease contributing to such fund, where- upon from and after the succeeding first day of July the status of the employer giving such notice shall be that resulting from the giving of the notice first above prescribed. Sec. 17. An employer who has so elected not to contribute here- .Eeoaii ot eiec- under may at any time by giving to said commission 30 days' written *'""■ notice recall such election, and from and after the expiration of such 30 days such employer shall become and continue in all respects subject to this act. Sec. 18. On or before June 30 next following the taking effect of this Election by em- act any workman in the employ of an employer subject to this act may Pi"?®^- give notice in writing to his employer of his election not to become sub- ject to this act, and any workman entering the employment of such an employer after such date may at such time give a like notice and there- upon such workman shall be in no wise subject to the provisions or en- titled to any of the benefits hereof. Any workman in the employ of an employer who shall have elected not to contribute to the fund hereby created and who shall have recalled such election, may within fifteen days after such recall by his employer has become effective, give notice in writing to his employer of his election not to become subject to this act, and thereupon such workman shall in no wise be subject to the provisions or entitled to any of the benefits hereof. But if such work- 378 APPENDIX WOEKMEn's compensation laws OREGON. man shall sustain an injury within such period of fifteen days and before he shall have elected not to become subject to this act, he shall have the option to be exercised before suit brought, of taking the benefits hereby provided or of proceeding against his employer as if this act had not been passed. Any workman who shall be m the employ of an employer who shall hereafter engage in any of said hazardous occupations and who shall have become subject to this act, may give notice in writing to his employer within fifteen days after_ his eniployer shall have en- gaged in such hazardous occupations, of his election not to become sub- ject to this act, and thereupon and thereafter such workman shall be in no wise subject to the provisions or entitled to qny of the benefits hereof, but if such workman shall sustain an injury within such period of 15 days and before he shall have elected not to become subject to this act, he shall have the option, to be exercised before suit brought, of taking the benefit hereby provided or of proceeding against his employer as 3 this act had not been passed. Any workman who has so elected not to become subject to this act may at any time by giving to his employer who is then subject to this act, 30 days' notice, recall such election, and after expiration of such 30 days such workman shall become and con- tinue in all respects subject to this act. Any workman who has become subject to this act shall, if he remains in the service of the same employer, continue subject to this act to and including the next succeeding thirtieth day of June and thereafter until and including the thirtieth day of June of each succeeding year unless at least 30 days prior to June 30th in some year he shall give written notice to his employer of his election not to be longer subject to this act, whereupon and after the succeeding first day of July such workman shall be no longer subject to this act. Monthly con- gj;c. 19. Every employer engaged in any of said hazardous occupa- pl?7«rs"and em- tioi*^ 'who shall not have served notice of his election not to contribute ployees. hereunder is hereby authorized and required to retain from the moneys earned by each of his workmen who is subject to the act a sum equal to five-tenths of one per cent of the moneys so earned in each calendar month, and in any event at least 25 cents each month, and is hereby required, on or before the fifteenth day of the next succeeding month to pay to the commission the sum so retained and an additional sum equal to six times such amount. Employers and workmen shall be relieved from contribution to said fund under the following conditions: For the pupose of this section all employers shall be held to be in- cluded in Class A or Class B. Class A shall include the following industries: Classes of in- Electric light and power companies, telephone and telegraph com- dustries. panies, railroads and street railroads, waterworks, mining of all kinds, logging and lumbering operations, quarries, smelting and reduction works, shipbuilding and stevedoring, stone crushing works, grain elevators, ice factories and cold storage plants, general construction work of all kinds, including excavation, erection of structures and wrecking and repair of same, grading, cement and concrete work, manufacturies of chemicals, lumber, mineral waters, rope and cordage, fireworks, pulp and paper, paper boxes and bags, cement and furni- ture, wood-working plants of all kinds, including cooperage, pack- ing houses, powder works, iron, steel and metal works, foundries, breweries, gas works, oil works, and cereal mills. Class B shall include all other industries subject to this act, including those brought under its operation in pursuance of the provisions of section 31 hereof. Exemption Whenever an employer included in Class A shall have made pay- payments, ujents into said fund, not including, however, moneys retained from his workmen's wages, of an amount equal to three per cent of his annual pay roll computed by taking twelve times his current monthly pay roll of_ Workmen subject to this act, he shall thereafter be exempted from making further payment to such fund: Provided, "That such em- ployer shall not be entitled to such exemption if there shall have been paid out of said fund or set apart therefrom as hereinafter provided, on account of injuries sustained by his workmen, sums which when de- ducted from the amount so paid by him shall reduce his payments to an amount less than three per cent of his annual pay roll. Such ex- APPENDIX — WOEKMEn's COMPENSATION LAWS — OEEGON. 379 emption shall continue until the amount paid by the employer shall either by subtracting therefrom payments made from such fund to- gether with moneys set apart therefrom on account of injuries sustained By his Workmen or by an increase in his pay roll fall below a sum equal to three per cent of his annual pay roll, so computed, whereupon his obligation to make such payments shall be the same as hereinbefore required. Whenever an employer included in Class B shall have made payment into said fund, not including, however, moneys retained from his workmen's wages, of an amount equal to one and one-half per cent of his annual pay roll computed by taking twelve times his current monthly pay roll of workmen subject to this act, he shall there- after be exempted from making further payment to such fund, provided that such employer shall not be entitled to such exemp- tion if there shall have been paid out of said fund or set apart therefrom as hereinafter provided, on account of injuries sustained by his workmen, sums which when deducted from the amount so paid, by him, shall reduce his payments to an amount less than one and one-half per cent of his annual pay roll. Such exemption shall continue until the amount paid by the employer shall either by subtracting therefrom payments made from such fund together with moneys set apart therefrom on account of injuries sus- tained by his workmen or by an increase in his pay roll fall below a sum equal to one and one-half per cent of his annual pay roll, so com- puted, whereupon his oljligation to make such payments shall be the same as hereinbefore required. In computing the amount paid out or set apart from said fund by reason of injuries sustained by the workmen of an employer for the purpose of determing the right of such employer to exemption from contributions hereunder, no account shall be taken of sums paid out or set apart in any calendar year in excess of six per cent of such em- ployer's total pay roll for such year. Whenever any employer shall have been relieved of the obligation to continue payments to such fund as in this section provided, he shall during the period of such exemption cease retaining any sums hereunder from the wages of any workmen. Neither the employer nor the workman shall be entitled to the exemj)tion provided by this section unless there shall be in said Industrial Accident Fund sufficient moneys to meet all payments which shall have then accrued with a surplus of ten per cent (10^) thereon, and unless there shall have been set apart by the State treasurer from said fund the amounts hereinafter required, on account of injuries resulting in death or permanent disability. Sec. 20. There is hereby created a fund to be known as the Indus- 'Pwid created, trial Accident Fund, which fund shall be held by the State treasurer and by him deposited in such banks as are authorized to receive deposits of the general funds of the State. All moneys received by the commission hereunder shall be by it paid over forthwith to the State treasurer and shall become a part of the Industrial Accident Fund, and there is hereby appropriated out of any moneys in the general fund in the State treasury not otherwise appropriated the sum of fifty thou- sand dollars ($50,000), which shall become a part of such fund. There is also appropriated annually out of any moneys in the State treasury not otherwise appropriated a sum equal to one-seventh of the total sum which shall be received by the State treasurer under the provisions of section 19 hereof, and the moneys so appropriated shall become a part of such fund. All payments authorized by this act, including all salaries, clerk hire and all other expenses, shall be made from the Industrial Accident Fund. Sec. 21. If any workman while he is subject to this act and in the Compensation service of an employer who is thus bound to contribute to the Indus- "^ trial Accident Fund shall sustain a personal injury by accident arising out of and in the course of his employment caused by violent or external means he, or his beneficiaries or dependents, if the injury result in death, shall receive compensation according to the following schedule: (a) Where death results from the injury the expenses of burial shall Death; be paid in all cases not to exceed one hundred dollars ($100) in any case, and 380 APPENDIX — WORKMEN^S COMPENSATION LAWS — OREGON. 1. If the workman leaves a widow or invalid widower, a monthly payment of thirty dollars ($30) shall be paid throughout the life of the surviving spouse, to cease at the end of the month m which rernarriage shall occur; and the surviving spouse shall also receive six_ dollars ($6) per month for each child of the deceased imder the age of sixteen years at the time of the occurrence of the injury imtil such minor shall reach the age of sixteen years, but the total monthly payment under this paragraph (1) shall not exceed fifty dollars ($50) . Upon remarriage of a widow she shall receive once and for all a lump sum equal to ten times her monthly allowance, viz: The sum of three hundred dollars ($300), but the monthly payments for the child or children shall continue as before. (2) If the workman leaves no wife or husband but a child or children under the age of sixteen years, a monthly payment of fifteen dollars ($15) shall be made to each child until such child shall reach the age of sixteen years: Provided, however, That if any child is under the age of sixteen years and over the age of fifteen years, he shall be entitled to . recover such payments for a period of one year, but the total monthly payment shall not exceed fifty dollars ($50), and any deficit shall be deducted proportionately among the beneficiaries. (3) If the workman leaves no widow, widower, or child imder the age of sixteen years, but leaves a dependent or dependents, a monthly jpay- ment shall be made to each dependent equal to 50 per cent of the average monthly support actually received by such dependent from the workman during the twelve months next preceding the occurrence of the injury, but the total payment to all dependents in any case, shall not exceed thirty dollars ($30) per month. If any dependent is under the age of 16 years at the time of the occurrence of the injury, the pay- ment to such" dependent shall cease when such dependent shall reach the age of 16 years, excepting a daughter, the payment to whom shall cease when she shall have reached the age of eighteen years: Provided, however, That if any child is under the age of sixteen years and over the age of fifteen years, he shall be entitled to recover such payments for a period of one year. The payment to any dependent shall cease if, and when, under the same circumstances, the necessity creating the dependency would have ceased if the injury had not happened. If the workman is under the age of 21 years and unmarried at the time of his death, the parents or parent of the workman shall receive twenty-five dollars ($25) per month for each month after his death imtil the time at which he would have arrived at the age of 21 years: Pro- vided, however, That such parents shall be entitled thereafter to com- pensation as dependents under the provisions of the first clause of this paragraph three. (4) In the event a surviving spouse receiving monthly payments shall die leaving a child or children imder the age of 16 years, tie sum he or she shall be receiving on accoimt of such child or children shall thereafter, until such child shall arrive at the age of 16 years, be paid to the child increased to fifteen dollars per month: Provided, however, That if any such child is under the age of sixteen years and over the age of fifteen years he shall be entitled to recover such payments for a period of one year, but the total to all children shall not exceed the sum of fifty dollars ($50) per month. ffrt-^vvf °' ^^^ Permanent total disability means the loss of both legs or both total aisaDuity, ^^^j^g^ qj, ^jjg jgg ^j^^j g^g ^^^^^ ^^^^j j^gg gj eyesight, paralysis, or other condition permanently incapacitating the workman from performing any work at any gainful occupation. When permanent total disability results from the injury, the work- man shall receive monthly during the period of such disability: (1) If unmarried at the time of the injury the sum of thirty dollars ($30^. (2) If the workman have a wife or invalid husband, but no child under the age of 16 years, the sum of thirty-five dollars ($35). If the husband is not an invaUd the monthly payment of thirty-five dollars ($35) shall be reduced to thirty dollars ($30). (3) If the workman have a wife or husband and a child or children under the age of 16 years, or being a widow or widower, have any such child or children, the monthly payment provided in the preceding paragraph shall be increased by six dollars ($6) for each such child APPENDIX — workmen's COMPENSATION LAWS — OEEGON. 381 until such child shall arrive at the age of 16 years, but the total monthly- payment shall not exceed fifty dollars ($50). (c) If the injured workman die during such period of total disability, whatever the cause of death, leaving a widow, invalid widower, or child under the age of 16 years, the surviving widow, or invalid wid- ower, shall receive thirty dollars ($30) per month until death or remar- riage, to be increased six dollars ($6) per month for each child under the aee of 16 years until such child shall arrive at the age of 16 years; but if such child is, or shall be, without father or mother, such child shall receive fifteen dollars ($15) per month until«arriving at the age of 16 years: Provided, however, That if any child is under the age of 16 years and over the age of 15 years, he shall be entitled to recover such payment for the period of one year. The total combined monthly payment under this paragraph shall in no case exceed fifty dollars ($50). Upon remarriage, the payments on account of a child or chil- dren shall continue as before to the child or children. (d) When the total disability is only temporary the schedule of pay- Temporary dis- ments contained in paragraphs 1, 2 and 3 of the foregoing subdivision **'^i*y! , (b), shall a^ply so long as the total disability shall continue, increased 50 per cent for the first six months of such continuance, but in no case shall the increase operate to make the monthly payment exceed 60 per cent of the monthly "wage (the daily wage multiplied by 26) the workman was receiving at the time of his injury. (e) When the disabihty is or becomes partial only and is temporary in character, the workman shall receive for a period not exceeding two years that proportion of the payments provided for total disability which his earning power at any kind of work bears to that existing at the time of the occurrence of the injury. (/) Permanent partial disability means the loss of either one arm, ^^-f^^^ ^'^^ one hand, one leg. one foot, loss of hearing in one or both ears, loss of ''' one eye, one or more fingers, any dislocation where ligaments are sev- ered, or any other injury known in surgery to be permanent partial disability: Where permanent partial disability shall result from any injury, the workman shall receive the sum of twenty-five dollars ($25) a month for the period stated against such injury, respectively as follows: In case of the loss by separation of one arm at or above the elbow Schedule, joint, or the permanent and complete loss of the use of one arm, ninety- sis (96) months. The loss by separation of one hand at or above the wrist joint, or the permanent and complete loss of the use of one hand, seventy-six (76) months. The loss by separation of one leg, at or above the knee joint, or the permanent and complete loss of the use o;f one leg, eighty-eight (88) months. The loss by separation of one foot at or above the ankle joint, or the permanent and complete loss of the use of one foot, sixty-four (64) months. The permanent and complete loss of hearing in both ears, ninety-six (96) months. The permanent and complete loss of hearing in one ear, forty-eight (48) months, or, at the option of the workman, nine hundred dollars ($900) in a lump sum. The permanent and complete loss of the sight of one eye forty (40) months, or, at the option of the workman, eight hundred and fifty dollars ($850) in a lump sum. The loss by separation of a thumb twenty-four (24) months, or, at the option of the workman, six hundred dollars ($600) in a lump sum. The loss by separation of a first finger, sixteen (16) months, or, at the option of the workman, three hundred fifty dollars ($350) in a lump sum; the second finger nine (9) months, or, at the option of the workman, two hundred dollars ($200) in a lump sum; a third finger, eight (8) months, or, at the option of the workman, one hundred and seventy-five dollars ($175) in a lump sum; a fourth finger, six (6) months, or,_ at the option of the workman, one hundred and fifty dol- lars ($150) in a lump sum. The loss of one phalange of the thumb shall be considered equal to the loss of one-half a thumb; the loss of one phalange of a finger, equal 382 APPENDIX workmen's compensation laws OREGON. to the loss of one-tMrd of a finger, and the loss of two phalanges of a fmger, equal to the loss of one-half a finger, and the compensation for the respective proportions of the above period or in the respective proportions of the above lump sum shall be payable. The loss of more than one phalange of a thumb, or more than two phalanges of a finger shall be considered as the loss of an entire thumb or finger. The loss by separation of a great toe, ten (10) months, or, at the option of the workman, two hundred and fifty dollars ($250) in a lump sum; any other toe, four (4) months, or, at the option of the workman, one hundred dollars (|100) in a lump sum. In all other cases of injury resulting in permanent partial disability, the compensation shall bear such relation to the periods stated in this clause as the disabilities bear to those produced by the injuries named in this schedule, and payments shall be made for proportionate periods, not exceeding, however, ninety-six (96) months, and in all such cases where the period of payment shall not exceed twelve (12) months, but in none other, shall the workman be entitled to a lupip sum equal to the present value of such monthly payments computed at an interest rate of four per cent per annum. If any workman entitled to compensation on account of a perma- nent disability shall have received compensation for either temporary total disability or temporary partial disability by reason of the same injury which shall entitle him to compensation for permanent partial disability, the number of months during which he shall be entitled to payments for such permanent partial disability shall be reduced by the number of monthly payments which he shall have received on account of such temporary total disability or- temporary partial disability. Segregated ao- (gr) Pgr every case of injury resulting in death, or permanent total cident fvmd. disability or permanent partial disability on account of which deferred payments are provided for a period exceeding twenty-four (24) months, it shall be the duty of the commission forthwith to notify the State treasurer in writing of the amount required to equal at four per cent interest per annum the present worth of the monthly installments pay- able on account of such injury, the number of such payments being computed in case of permanent total disability according to the age of the injured workman, and in the case of death according to the ages of the beneficiaries, both of such computations being according to the American Mortality Table and the expectation of life thereunder, and in the case of permanent partial disability according to the schedule above prescribed. Thereupon the State treasurer shall transfer from the Accident Fund to a fund to be known as the Segregated Accident Fund the amount so specified by the commission. All moneys com- prised in the Segregated Accident Fund shall be invested by the State treasurer in the class of securities authorized for the investment by banks of savings deposits under the laws of this State. The Segre- gated Accident Fund and its earnings sliall be charged with the pay- ment of the installments on account of which such segregations shall be made. The State treasurer shall keep an accurate account of the earnings of and payments from the Segregated Accident Fund and may borrow from the Accident Fund to meet monthly payments pending conversion into cash of any security and in such case shall repay such temporary loan out of the cash realized from the security. Any defi- ciency in the Segregated Accident Fund shall be made good out of and any balance or overplus shall revert to the Accident Fund. Succeeding ao- (h) Should a further accident occur to a workman already receiving Olden ts. a monthly payment under this section for a disability, or who has been previously the recipient of a lump sum payment under this act, his future compensation shall be adjusted according to the other provisions of this section and with regard to the combined effect of his injmies and his past receipt of money under this act. Readjustmente. (i) If aggravation, diminution or termination of disability takes place or be discovered after the rate of compensation shall have been established or compensation terminated in any case, the commission may, upon the application of the beneficiary, or upon its own motion, readjust for future application the rate of compensation in accordance with the rules in this section provided, or, in a proper case, terminate the payments. APPENDIX workmen's COMPENSATION LAWS OREGON. 383 _0)_A liuaband or wife of an injuied workman, who has deserted Spouses living said injured workman for more than one year prior to the time of the ^P^''*- injury or subsequently shall not be a beneficiary under this act. (h) If a beneficiary shall reside or remove out of the State and shall Nonresidents. have been such nonresident for a period of one year, the commission may, in its discretion, convert any monthly payments thereafter to become due to such beneficiary into a lump sum payment, not in any case exceeding four thousand dollars ($4,000), by paying a sum equal to three-fourths of the present value of such monthly payments, esti- mated as to duration by the life expectancy of the beneficiary in case of death or total permanent disability and computed according to the American Mortality Table and on the basis of interest at the rate of four per cent per annum, or, with the consent of the beneficiary for a lesser sum, and in any case the commission may, in its discretion, pay over to any beneficiary in a lump sum an amount not exceeding one-fourth of the present value of the monthly installments payable to such beiieficiary and computed as aforesaid, and thereupon all sub- sequent monthly installments shall be proportionately reduced. Sec. 22. If injury or death results to a workman from the deliberate .■S'JH?'^^ caused intention of the workman himself to prod- ice such injury or death, ^"""lly- neither the workman nor the widow, widower, child or dependent of the workman shall receive any payment whatsoever out of the Accident Fund. If injury or death results to a workman from the deliberate intention of his employer to produce such injury or death, the workman, the widow,*widower, child or dependent of the workman shall have the privilege to take under this act, and also have cause of action against the employer, as if this act had not been passed, for damages over the amount payable hereunder. A minor working at an age legally permitted under the laws of Minors, this State shall be deemed sui juris for the purpose of this act, and no other person shall have any cause of action or right to compensation for an injury to such minor workman except as expressly provided herein, but in the event of a lump sum payment becommg due under this act to such minor workman, the control and management of any sum so paid shall be within the jurisdiction of the courts as in the case of other property of minors. Sec. 23. The commission shall have authority to provide, under Medical, etc., uniform rules and regulations, first aid to workmen who are entitled to ^'^P^ses. benefits hereunder, together with transportation, medical and surgical attendance and hospital accommodations for injured workmen at an expense not exceeding two hundred and fifty dollars ($250) in any one case, and to contract therefor in its discretion. The commission may in its discretion authorize employers to furnish or provide, at the ex- pense of the commission and upon terms fixed by it, such transportation, attendance and accommodations: Provided, however, That all such transportation, attendance and accommodations shall be at all times subject to the supervision and control of the commission. Sec. 24. If any employer shall default in any payment to the Acci- Default in pay- dent Fund hereinbefore required, the amount of such payment shall be ™™*^- collected by an action at law in the name of the commission as plaintiff, and such right of action shall be in addition to any other right of action or remedy. In respect to any injury happening to any of his workmen during the period of such default in any payment required hereunder, the defaulting employer shall not, if such default be after demand for payment, be entitled to any of the benefits of this act, but shall be liable to the injured workman (or the husband, wife, child or dependent of such workman in case death results from the injury) as he would have been prior to the passage of this act. In case the recovery actually collected from the employer shall equal or exceed the compensation to which the claimant would be entitled under this act, the claimant shall be entitled to nothing out of the Accident Fund; it such amount shall be less than the compensation herein provided, the Accident Fund shall contribute such deficiency. The person entitled to claim under this section shall have the choice, to be exercised before commencing suit against such defaulting employer, of proceeding by suit against such emplojrer or of taking under this act. If such person shall elect to take under this act, the cause of action shall be assigned to the commission for the benefit of the Accident Fund. In 384 APPENDIX workmen's compensation laws OBEGON. Failure to pro- vide safety de- vices. Payments ex- empt. Filing claims. Duty of phy- sician. Limitation. Medical exami- nations. Accidents to be reported. Employer's records. any suit brought upon such cause of action the defenses withdra-wn by section 15 hereof from employers electing not to contribute hereunder shall be inadmissible. Any such cause of action assigned to the com- mission may be prosecuted or compromised by it in its discretion. Any compromise by an individual claimant under this section which would result in a deficiency to be made good out of the Accident Fund may be made only upon the written approval of the commission. Sec. 25. If any workman shall sustam an injury whicn the commis- sion shall determine to have been caused in whole or in part by the failure of his employer to install or maintain any safety appliance, device or safeguard required by statute, such workman, or, if such injury result in death, then the husband, wife, child or dependent of such workman, shall have the same rights against such employer as in the case of an employer defaulting in jsayments due hereunder, and all of the provisions of the preceding section shall apply with respect to. such claim, provided in case the workman or his beneficiary proceeds against the employer he shall have no claim against the Accident Fund. Sec. 26. No moneys payable on account of injuries or death hereunder shall be subject to assignment prior to the receipt thereof by the bene- ficiary entitled thereto, nor shall the same pass by operation of law. All moneys paid or payable hereunder and the right to receive the same shall be exempt from seizure on execution, attachment or garnishment, or by the process of any court. Sec. 27. (a) Where a workman is entitled to compensation under this act he shall file with the commission his application for such, together with the certificate of the physician who attended him, and it shall be the duty of the physician to inform the injured workman of his rights under this act, and to lend all necessary assistance in making this application for compensation and such proof of other matters as required by the rules of the commission, without charge to the work- man. (6) Where death results from injury, the parties entitled to compen- sation under this act, or some one in their behalf, shall make applica- tion for the same to the commission, which application must be accom- panied with proof of death and proof of relationship showing the parties to be entitled to compensation tinder this act, certificates of attending physician, if any, and such other proof as required by the rules of the commission. (c) If change of circumstances warrant an increase or rearrangement of compensation, like application shall be made therefor. No increase or rearrangement shall be operative for any period prior to application therefor. (d) No application shall be valid or claim thereunder enforceable unless filed within one year after the day upon which, the injury occurred or the right accrued. Sec. 28. Any workman entitled to receive compensation under this act is required, if requested by the commission, to submit himself for medical examination at a time and from time to time at a place reason- ably convenient for the workman and as may be provided by the rules of the commission. If the workman refuses to submit to any such examination, or obstructs the same, his rights to monthly payments shall be suspended until such examination has taken place, and no com- pensation shall be payable during or for account of such period. Sec. 29. Whenever any accident occurs to any workman it shall be the duty of the employer to at once report such accident and the injury resulting therefrom to the commission, and also to any local representative of the commission. Such report shall state — 1. The time, cause and nature of the accident and injuries, and the probable duration of the injury resulting therefrom. 2. Whether the accident arose out of or in the course of the injured person's employment. 3. Any other matters the rules and regulations of the commission may prescribe. Sec. 30. The books, records and pay rolls of the employer pertinent to the administration of this act shall always be open to inspection by the commission or its traveling auditor, agent or assistant, for the pur- pose of ascertaining the correctness of the pay roll, the men employed, and such other information as may be necessary for the commission APPENDIX workmen's COMPENSATION LAWS OREGON. 385 and its management under this act. Refusal on the part of the em- ployer to report accidents or to submit said books, records and payroll tor sucli inspection to any member of the commission, or any assistant presenting written authority from the commission, shall subject the offending employer to a penalty of one hundred dollars ($100) for each offense, to be collected by civil action in the name of the State and paid into the Accident Fund, and the individual who shall per- sonally give such refusal shall be guilty of a misdemeanor. Sec. 31. Any employer and hia workman engaged in works other Employers out- than those defined in section 13 hereof may accept the provisions of s'^^o'*"*- this act and become subject thereto and entitled to the benefits thereof by filing with the commission their written election to that effect. Sec. 32. Any employer, workman, beneficiary or person feeling Appeals to aggrieved by any decision of the commission affecting his interests "<""''*■ under this act may have the same reviewed by a proceeding in the nature of an appeal and initiated in the circuit court of the county in which the accident occurred, or in which he resides, and such appeal shall have precedence over all other cases except criminal cases, and the court shall deterrnine whether the commission has justly considered all the facts concerning injury, whether it has exceeded the powers granted it by this act, whether it has misconstrued the law and facts applicable in the case decided. If the court shall determine that the commission has acted within its powers and has correctly construed the law and facts the decision of the commission shall be confirmed; other- wise, it shall be reversed or modified. Upon the hearing of such an appeal the court in its discretion may submit to a jury any question of fact involved in such an appeal. The proceedings m every such appeal shall be informal and summary, but full opportunity to be heard shall be had before judgment is pronounced. No such appeal shall be entertained unless notice of appeal shall have been served by mail or personally upon some member of the commission within thirty days following the rendition of the decision appealed from and actual com- munication thereof to the person affected thereby. No bond shall be required except that an appeal by the employer from a decision of the commission_ under section 25 shall be ineffectual unless within five days following the service of notice thereof a bond with surety satis- factory to the court shall be filed, conditioned to perform the judgment of the court. Except in the case last named an appeal shall not be a stay. If the decision of the commission shall be reversed or modified the fees of the medical and other witnesses and the costs shall be paid out of the Industrial Accident Fund if the Industrial Accident Fund is affected by the litigation. In other respects the practice in civil cases shall apply. Appeal shall lie from the judgment of the circuit court as in other civil cases. The attorney general shall be the legal adviser of the commission and shall represent it in all proceedings whenever so required by any of the commissioners. In all court j)roceedings under or pursuant to this act the decision of the commission shall be prima facie correct and the burden of proof shall be upon the party attacking same. Sec. 33. Disbursements out of the funds shall be made only upon Warrants for warrants drawn by the secretary of state upon vouchers therefor -trans- ursements. mitted to hiTin by the commission and audited by him. The_ State treasurer shall, to such extent as shall appear to him to be advisable, keep the moneys of the unsegregated portion of the Accident Fund invested at interest in the class of securities authorized for the invest- ment by banks of savings deposits under the laws of this State. The State treasurer shall be liable on his official bond for the safe custody of the moneys and securities of the Accident Fund and the Segregated Accident Fund. Sec. 34. Nothing in this act shall be deemed to abrogatethe rights Em pi of the employee under the present employers' liability law, in all cases i'a'"li'y ^' where the employee, undsrthis act, is given the right to bring suit against his employer for an injury. Filed in the oflice of the secretary of state,_ Feb. 25, 1913. In effect 90 days after adjournment of session. 22566°— S. Doc. 336, 63-2 ^25 oyers' law. 386 APPENDIX WOEKMEN'S compensation laws EH ODE ISLAND. RHODE ISLAND. Exemptfons. Small ployers. Bfleot of eleo- how. ACTS OF 1912. Chapter 831. — Compensation of workmen for injuries. Article I. ABROGATION OF REMEDIES AND DEFENSES. Defenses SECTION 1. In an action to recover damages for personal injury sua-, abrogated. tained by accident by an employee arisiag out of and in the course of Hs employment, or for death resulting from personal injury so sus- tained, it shall not be a defense: (a) That the employee was negligent; (b) That the injury was caused by the negligence of a fellow employee; (c) That the employee has assumed the risk of the injury. Sec 2. The provisions of this act shall not apply to actions to recover damages for personal injuries, or for death resulting from personal in- juries, sustained by employees engaged in domestic service or agri- culture. ■ Sec. 3. The provisions of this act shall not apply to employers who employ five or less workmen or operatives regularly in the same busi- ness, but such employers may, by complying widi the provisions of section 5 of this article become subject to the provisions of this act.' Sec 4. The provisions of section 1 of this article shall not apply to tlon by em- actions to recover damages for personal injuries, or for death resulting ployers. ^^^^ personal injuries, sustained by employees of an employer who has elected to become subject to the provisions of this act, as provided in section 5 of this article. Election made, Sbc. 5. Such election on the pait of the employer shall be made by filing with the commissioner of industrial statistics a written statement to the effect that he accepts the provisions of this act, and by giving reasonable notice of such election to his workmen, by posting and keeping continuously posted copies of such statement in conspicuous places about the place where his workmen are employed, the filing of which statement and the giving of which notice diall operate to sub- ject such employer to the provisions of this act and all acts amendatory thereof for the term of one year from the date of the filing of such state- ment, and thereafter, without further act on his part, for successive terms of one year, each, unless such employer shall, at least sixty days prior to the expiration of such first or any succeeding year, file with said commissioner a notice in writing to the effect that he desires to with- draw his election to be subject to the provisions of this act and shall give reasonable notice to his workmen as above provided. Blank forms of election and withdrawal as herein provided, shall be fur- nished by said commissioner. Sec. 6. An employee of an employer who shall have elected to be- come subject to the provisions of this act as provided in section 5 of this article shall be held to have waived his right of action at common law to recover damages for personal injuries, if he shall not have given his employer at the time of his contract of hire notice in writing that he claimed such right, and within ten days thereafter filed a copy thereof with the commissioner of industrial statistics, or, if the contract of hire was made before the employer so elected, ,if the employee shall not have given the said notice and filed the same with said commis- sioner within ten days after notice by the employer, as above pro- vided, of such election; and such waiver shall continue in force for the term of one year, and thereafter without further act on his part, for sucqessive terms of one year, each, unless such employee shall at least sixty days prior to the expiration of such first or any succeeding year, file with the said commissioner a notice in writing to the effect that he desires to claim his said right of action at common law and within ten days thereafter shall give notice thereof to his employer. A minor working at an age legally permitted under the laws of this State shall be deenied sui juris for the purpose of this act aud no other person shall have any cause of action or right to compensation for an injury to such minor employee except as expressly provided in this act; but Term. Election employees. by Minors. APPENDIX — WOKKMEn's COMPBH-gATION LAWS — RHODE ISLAND. 387 if said minor shall have a paient living or a guardian, such parent or guardian, as the case may be, may give the notice and file a copy of the same as herein provided by this section, and such notice shall bind the minor in the same manner that adult employees are bound under the provisions of this act. In case no such notice is given, such minor shall be held to have waived his right of action at common law to recover Waiver of damages for personal injuries. Any employee, or the parent or guar- ji?^™"""^*^ dian of anjr minor employee, who has given notice to the employer " that he claimed his right of action at common law may waive such claim by a notice in writing which shall take effect five days after the delivery to the employer or his agent. Sec. 7. The right to compensation for an injury, and the remedy Remedies ex- therefor granted by this act, shall be in lieu of all rights and remedies •''"''^^■ as to such injury now existing, either at common law or otherwise; and such rights and remedies shall not accrue to employees entitled to compensation under this act while it is in effect. Article II. PAYMENTS. Section 1. If an employee who has not given notice of his claim of Payments due, common law rights of action or who has given such notice and has '^^^• waived the same, as provided in section 6 of Article I, receives a per- sonal injury by accident arising out of and in the course of his employ- ment, he shall be paid compensation, as hereinafter provided, by the employer who shall have elected to become subject to liie provisions of this act. Sec. 2. No compensation shall be allowed for the injury or death of WiiUui injuriea an employee where it is proved that his injury or death was occasioned " "itoxioation. by his wilful [willful] intention to bring about the iniiiry or death of himself or of another, or that the same resulted from his intoxication while on duty. Sec. 3. Contingent fees of attorneys for services under this act shall Attorneys' tees, be subject to the approval of the superior court. Sec. 4. No compensation except as provided by section 12 of this Waiting time, article shall be paid under this act for any ifljury which does not in- capacitate the employee for a period of at least two weeks from earn- ing full wages, but, if such incapacity extends beyond the period of two weeks, compensation shall begin on the fifteenth day after the injury. Sec 5. During the first two weeks after the injury the employer shall Medical and furnish reasonable medical and hospital services, and medicines when "°sP't^l service, they are needed, the amount of the charge for such services to be fixed, in case of the failure of the employer and employee to agree, by the superior court. Siic. 6. If death results from the injury, the employer shall pay the Compensation dependents of the employee wholly dependent upon his earmngs for in case of death, support at the time of his injury a weekly payment equal to one-half his average weekly wages, earnings, or salary, but not more than ten dollars nor less than four dollars a week, for a period of three hundred weeks from the date of the injury: Provided, however, That, if the dependent of the employee to whom the compensation shall be pay- able upon his death is the widow of such employee, upon her death the compensation thereafter payable under this act shall be paid to the child or children of the deceased employee, including adopted and step- children, under the age of eighteen years, or over said age, but phys- ically or mentally incapacitated from earning, dependent upon me widow at the time of her death. In case there is more than one child thus dependent, the compensation shall be divided equally among them. If the employee leaves dependents only partly dependent upon his earnings for support at the time of his injury, the employer shall pay such dependents for a period of three hundred weeks from the date of the injurj a weekly compensation equal to the same proportion of the weekly payments herein provided for the benefit of persons wholly dependent as the amount contributed annually by the em- ployee to such partial dependents bears to the annual earnings of the deceased at the time of injury. When weekly payments have been 388 APPENDIX workmen's compensation laws RHODE ISLAND. Dependents. made to an injured employee before his death, the compensation to dependents shall begin from the date of the last of such payments, but shall not continue more than three hundred weeks from the date of the injury: Provided, however, That, if the deceased leaves no dependents at the time of the injury, the employer shall not be liable to pay com- pensation under this act except as specifically provided in section 9 of this article. Sec. 7. The following persons shall be conclusively presumed to be wholly dependent for support upon a deceased employee: (a) A wife upon a husband_ with whom she lives or upon whom she ia dependent at the time of his death. (b) A husband upon a wife with whom he lives or upon whom he is dependent at the tune of her death. (c) A child or children, including adopted and stepchildren, under the age of eighteen years, or over said age, but physically or mentally incapacitated from earning, upon the parent with whom he is or they are living or upon whom he or they are dependent at the time of the death of such parent, there being no surviving dependent parent. In case there is more than one child thus dependent, the compensation hereunder shall be divided equally among them. In all other cases questions of entire or partial dependency shall be determined in accordance with the fact as the fact may have been at the time of the injury. In such other cases, if there is more than one person wholly dependent, the coinpensation shall be divided equally among them,' and persons partly dependent, if an^, shall receive no part tiiereof during the period in which compensation is paid to per- sons wholly dependent. If there ia no one wholly dependent and more than one person partly dependent, the compensation shall be divided amoi^ them according to the relative extent of their dependency, not Sec. 8. No person shall be considered a dependent unless he is a member of the employee's family or next of km, wholly or partly de- pendent upon the wages, earnings or salary of the employee for support at the time of the injury. Sec 9. If the employee dies as a result of the injury leaving no de- pendents at the time of the injury, the employer shall pay, in addition to any compensation provided for in this act the reasonable expense of his last sickness and burial, which shall not exceed two hundred dollars. Totaldisability. Sbc. 10. While the incapacity for work resulting from the injury is total, the employer shall pay the injured employee a weekly compen- sation equal to one-half his average weekly wages, earnings, or salary, but not more than ten dollars nor less than four dollars a week; and in no case shall the period covered by such compensation be greater than five hundred weeks from the date of the injury. In the following cases it shall, for the purposes of this section, be conclusively presumed that the injury resulted, in permanent total disability, to wit: The total and irrevocable loss of sight in both eyes, the loss of both feet at or above the ankle, the loss of both hands at or above the wrist, the loss of one hand and one foot, and injury to the spine, resulting in perma- nent and complete paralysis of the legs or arms, and an injury to the skull, resulting in incurable imbecility or insanity. Sec. 11. While the incapacity for work resulting from the injury is partial, the employer shall pay the injured employee a weekly compen- sation equal to one-half the difference between his average weekly wages, earnings, or salary, before the injury and the average weekly wages, earnings or salary which he is able to earn thereafter, but not more than ten dollars a week; and in no case shall the period covered by such compensation be greater than three hundred weeks from the date of the injury. Sec 12. In case of the following specified injuries the amounts named in this section shall be paid in addition to all other compensation pro- vided for in this act: (a) For the loss by severance of both hands at or above the wrist, or both feet at or above the ankle, or the loss of one hand and one foot, or the entire and irrecoverable loss of the sight of both eyes, one-half of the average weekly wages, earnings, or salary, of the injured person, but not more than ten dollars nor less than four dollars a week, for a period Lpf one hundred weeks. Persons dependent. Persons with- out dependents. Partial disa- bflity. Specific in- juries. APPENDIX — WOEKMEn's COMPENSATION LAWS — EHODB ISLAND. 389 (b) For the loss by severance of either hand at or above the wrist, or Either foot at or above the ankle, or the entire and irrecoverable loss of the sight of either eye, one-half the average weekly wages, earnings, or salary of the injured person, but not more than ten dollars nor less than four dollars a week, for a period of fifty weeks. (c) For the loss by severance at or above the second joint of two or more fingers, including thumbs, or toes, one-half the average weekly wages, earnings, or salary of the injured person, but not more than ten dollars nor less than four dollars a week, for a period of twenty-five , weeks. (d) For the loss by severance of at least one phalange of a finger, thumb, or toe, one-half the average weekly wages, earnings, or salary of the injured person, but not more than ten dollars nor less than four dollars a week, for a period of twelve weeks. Sec. 13. The "average weekly wages, earnings, or salary" of an in- ^|L?f,°' *"""' jured employee shall be computed as follows: puted, how. (a) If the injured employee has worked in the same employment in which he was working at the time of the accident, whether for the same employer or not, during substantially the whole of the year im- mediately preceding his injury, his "average weekly wages"- shall be three hundred times the average daily wages, earnings, or salary, which he has earned in such employment during the. days when so employed and working the number of hours constituting a full working-day in such employment, divided by fifty-two. But where the employee is em- ployed concurrently by two or more employers, for one of whom he works at one time and for another of whom he works at another time, his "average weekly wages" shall be computed as if the wages, earn- ings, or salary received by him from all such employers were wages, earnings, or salary earned in the employment of the employer for whom he was working at the time of the accident. (b) If the injured employee has not so worked in such employment during substantially the whole of such immediately precedmg year, his "average weekly wages" shall be three hundred times the average daily wages, earnings, or salary which an employee of the same class working substantially the whole of such immediately preceding year in the same or a similar employment, in the same or a neighboring place, has earned in such employment during the days when so em- , ployed and working the number of hours constituting a full working- dav in such employment divided by fifty-two. (c) In cases where the foregoing methods of arriving at the "average weekly wages, earnings, or salary" of the injured employee cannot reasonably and fairly be applied, such "average weekly wages, earn- ings, or salary" shall be taken at such sum as, having regard to the previous wages, earnings or salary of the injured employee, and of other employees of the same or most similar class, workmg in the same or most similar employment in the same or a neighboring locality, shall reasonably represent the weekly earning capacity of the injured employee at the time of the accident in the employment in which he was working at such time. (d) Where the employer has been accustomed to pay to the em- ployee a sum to cover any special expense incurred by said employee by the nature of his employment, the sum so paid shall not be reckoned as part of the employee's wages, earnings or salary. (e) The fact that an employee has suffered a previous injury, or . Effect of prior received compensation therefor, shall not preclude compensation for ™J""''s- a later injury or for death; but in determining the compensation for the later injury or death, his "average weekly wages" shall be such sum as will reasonably represent his weekly earning capacity at the time of the later injury, in the employment in which he was working at such time, and shall be arrived at according tOj and subject to the limitations of, the previous provisions of this section. Sec. 14 (aa amended by Chapter 937, Acts of 1913). No savings or Insurance, etc., insurance of the injured employee,_ independent of tliis act, shall be ^dered ''* *"'"' taken into consideration in determining the conpensation to be paid hereunder, nor shall benefits derived from any other source than the employer be considered in fixing the compensation under this act. Any employer who shall refuse or delay payment under this act on account of the receipt by any injured employee of such savings, insur- 390 APPENDIX WOEKMBn's compensation laws RHODE ISLAND. ance or benefite, shall be deemed guilty of a misdemeanor, and on con- viction thereof shall be liable to a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment not ex- ceeding one year, or both. Payments to be Sec. 15. The compensation payable under this act in case of the made t» whom, ^gath of the injured employee shall be paid to his legal representatives; or, if he has no legal representative, to his dependents entitled thereto, or, if he leaves no such dependents, to the^erson.to whom the expenses for the burial and last sickness are due. If the payment is made to the legal representative of the deceased employee, it shall be paid by him to the dependents or other persons entitled thereto under this act. All payments of compensation under this act shall cease upon the death of the emplojree from a cause other than or not induced by the injury for which he is receiving compensation. Incompetent Sec. 16. In case an injured employee is mentally incompetent, or, beneficiaries. -syiiere death results from the injury, m case any of his dependents en- titled to compensation hereTinder are mentally incompetent or minors at the time when any right, privilege or election accrues to him or them under this act, his conservator, guardian, or next friend paay, in his behalf, claim and exercise such right, privilege, or election, and no limitation of time in this act provided shall run so long as such incom- petent or minor has no conservator or guardian. Notice. Sec. 17. No proceedings for compensation for an injury under this act shall be maintained unless a notice of the injury shall have been given to the employer within thirty days after the happening thereof; Claim. and unless the claim for compensation with respect to such injury shall have been made within one year after the occurrence of the same, or, in case of the death of the employee, or in the event of his physical or mental incapacity, within one year after death or the removal of such physical or mental incapacity. Form of notice. Sec 18. Such notice shall be in writing and shall state in ordinary language the nature, time, place and cause of the injury, and the name and address of the person injured and shall be signed by the person injured, or by a person in his behalf, or, in the event of his death, by his legal representative, or by a dependent, or by a person in behalf of either. , Service. Sec. 19. Such notice shall be served upon the employer, or upon one employer, if there are more employers than one, if the employer is a corporation, upon any oflScer or agent upon whom process may be served, by delivering the same to the person on whom it is to be served, or by leaving it at his last known residence or place of business, or by sending it by registered mail addressed to the person to be served, or, in the case of a corporation, to the corporation itself, at his or its last known residence or place of business; and such mailing of the notice shall constitute completed service. Questions of in- Sec 20. A notice given under the provisions of this act shall not be validity. held invalid or insufficient by reason of any inaccuracy in stating the nature, time, place or cause of the injury, or the name and address of the person injured, unless it is shown that it waa the intention to mislead and the employer was in fact misled thereby. Want of notice shall not be a bar to the proceedings under this act, if it be shown that the em- ployer or his agent had knowledge of the injury, or that failure to give such notice was due to accident, mistake or unforeseen cause. Medical exami- Sec 21. The employee shall, after an injury, at reasonable times nations. during the continuance of his disability, if so requested by his em- ployer,_ submit himself to an examination by a physician or surgeon audiorized to practice medicine under the laws of the State, furnished and paid for by the einployer. The employee shall have the right to have a physician, provided and paid for by himself, present at such examination. Examiners. Any justice of the superior court may, at any time after an injury, on the petition of the employer or employee, appoint a competent and impartial physician or surgeon to act as a medical examiner, and the reasonable fees of such medical examiner as fixed by the justice ap- pointing him shall be paid by the party moving for such appointment. APPENDIX — workmen's COMPENSATION LAWS — RHODE ISLAND. 391 Such medical examiner being first duly eworn to the faithful per- formance of his duties before the justice appointing him or clerk of the court shall thereupon, and as often as necessary, examine such injured employee in order to determine the nature, extent, and probable dura- tion of the injury. Such medical examiner shall file a report of every examination made of such employee in the office of the clerk of the superior court having jurisdiction of the matter as provided in section 16 of Article III of this act, and such report shall be produced in evi- dence in any hearing or proceeding to determine the amount of com- pensation due such employee under the provisions of this act. If such employee refuses to submit himself for any examination provided for in this act, or in any way obstructs any such examination, his rights to compensation shall be suspended and his compensation during such -period of suspension may be forfeited. Sec. 22. No agreement by an employee, except as provided in Waivers. Article IV, to waive his rights to compensation under this act shall be valid. Sec. 23. No claims for compensation under this act, or under any Assignments, alternative scheme permitted by Article IV of this act, shall be assign- able, or subject to attachment, or liable in any way for any debts. Sec. 24. The claim for compensation under this act, or under any Claims pre- alternative scheme permitted by Article IV of this act, and any decree '*™'^- oh any such claim, shall be entitled to a preference over the unsecured debts of the employer hereafter contracted to the same amount as the wages of labor are now preferred by the laws of this State; but nothing herein shall be construed as impairing any lien which the employee may have acquired. Sec. 25. In case payments have continued for not less than six Lump-sum months either party may, upon due notice to the other party, petition P*y™6nts. the superior court for an order commuting the future payments to a lump sum. Such petition shall be considered by the superior court and may be summarily granted where it is shown to the satisfaction of the court that the payment of a lump sum in lieu of future weekly pay- ments will be for the best interest of the person or persons recpiving or dependent upon such compensation, or that the continuance of weekly payments will, as compared with lump-sum payments, entail undue expense or undue hardship upon the employer liable therefor, or that the person entitled to compensation has removed or is about to remove from the United States. Where the commutation is ordered the supe- rior court shall fix the lump sum to be paid at an amount which will equal the total sum of the probable future payments, capitalized at their present value upon the basis of interest calculated at five per centum per annum with annual rests. Upon paying such amount the employer shall be discharged from all further liability on account of the injury or death, and be entitled to a duly executed release, upon filing which, or other due proof of payment, the liability of such employer under any agreement, award, findings, or decree shall be discharged of record. Article III. PROCEDURE. Section 1 . If the employer and the employee reach an agreement in A g r e e m e n ts regard to compensation under this act, a memorandum of such agree- pioyws^lnd^m- ment signed by the parties shall be filed in the office of the clerk of the ployees. superior court having jurisdiction of the matter as provided in section 16 of this article . The clerk shall forthwith docket- the same in a book kept for that purpose, and shall thereupon present said agreement to a justice of the superior court, and when approved by the justice the agreement shall be enforceable by said superior court by any suitable process, Enforcement, including executions against goods, chattels and real estate, ana includ- ing proceedings for contempt for willful failure or neglect to obey the provisions of said agreement. No appeal shall lie from the agreement thus approved unless upon allegation that such agreement had been procured by fraud or coercion. Such agreement shall be approved by the justice only when its terms conform to the provisions of this act. 392 APPENDIX WOSKMEN's compensation laws BHODE ISLAND. Eeferenee court. Notice to spondent. Answer. When death has resulted from the injury and the dependents of the deceased employee entitled to compensation are, or the apportionment thereof among them is, in dispute, such agreement may relate only to the amount of compensation, to Sec. 2. If the employer and employee fail to reach an agreement in regard to compensation under this act, either employer or employee, and when death has resulted from the injury and the dependents of the deceased employee entitled to compensation are, or the apportionment thereof among them is, in dispute, any person in interest may file in the the oflice of the clerk of the superior court having jurisdiction of the matter as provided in section 16 of this article, a petition in the nature of a petition in equity setting forth the names and residences of the parties, the facts relating to employment at the time of the injury, the cause, extent and character of the injury, the amount of wages, earnings, or salary received at the time of the injury, and the knowledge of the employer or notice of the occurrence of the injury, and such other facts as may be necessary and proper for the information of the court, and shall state the matter in dispute and the claims of the petitioner with reference thereto, fe- Sec 3. Within four days after the filing of the petition, a copy thereof, attested by the petitioner or his attorney, shall be served upon the respondent in the same manner as a writ of summons in a civil action. Sec. 4. Within ten days after the filing of the petition, the respond- ent shall file an answer to said petition, together with a copy thereof for the use of the petitioner, which shall state the claims of the respond- ent with reference to the matter in dispute as disclosed by the petition. No pleadings other than petition and answer shall be required to bring the cause to a hearing for final determination. The superior court tnay grant further time for filing the answer and allow amendments of said petition and answer at any stage of the proceedings. If the respondent does not file an answer, the cause shall proceed without formal default Infants, etc. or decree pro confesso. If the respondent be an infant or^erson under disability, the superior court shfl,ll appoint a guardian ad litem for such infant or person under disability. Such guardian ad litem may be appointed on any court day after service of the copy referred to in sec- tion 3 of this article, upon motion of any party after notice given as required for motions made in the superior court, and opportunity to said infant or person under disability to be heard in regard to the choice of such guardian ad litem. The guardian ad litem so appointed shall file the answer required by this section. Sec. 5. The petition shall be in order for assignment for hearing on the motion day which occurs next after fifteen days from the filing of the petition. Upon the days upon which said petition shall be in order for hearing it shall take precedence of other cases upon the calen- dar, except cases for tenements let or held at will or by sufferance. Sec. 6. The justice to whom said petition shall be referred by the court shall hear such witnesses as may be presented by each party, and in a summary manner decide the merits of the controversy. His decision shall be filed in writing with the clerk, and a decree stall be entered thereon. Such decree shall be enforceable by said superior court by any suitable process, including executions against goods, chat- tels and real estate, and including proceedings for contempt for wilful [willful] failure or neglect to obey the provisions of said decree. Such decree shall contain findings of fact, which, in the absence of fraud, shall be conclusive. The superior court may award as costs the actual expenditures, or such part thereof as to the court shall seem meet, but not including counsel fees, and shall include such costs in its decree. The superior court pay refuse td award costs, and no costs shall be awarded against an infant or person under disability or against a guard- ian ad litem. Sec. 7. Any person aggrieved by the final decree of the superior court under this act may appeal to the supreme court upon any question of law or equity decidedT adversely to the appellant by said final decree or by any proceeding or ruling prior thereto appearing of record, the appellant having first had his objections noted to any adverse rulings Hearing. Decision. Appeals. APPENDIX — -WOBKMElir's COMPENSATION LAWS — RHODE ISLAND. 393 made during the progress of the trial at the time such rulings were made, if made in open court and not otherwise of record. The appellant shall take the following steps: (a) Within ten days after entry of said final decree he shall file a claim of appeal and, if a transcript of the testimony and rulings or any part thereof be desired, a written request therefor. (b) Within such time as the justice of the superior court who heard the petition, or, in case of Ms inability to act from any cause withia such time as any other justice thereof shall fix, whether by original fix- ing of the time, or by extension thereof, or by a new fixing after any expiration thereof, the appellant shall file reasons of appeal stating spe- cifically all the questions of law or equity decided adversely to mm which he desires to include in his reasons of appeal, together with a transcript of as much of the testimony and rulings as may be required. The supreme court may allow amendments of said reasons of appeal. Upon the filiag of said reasons of appeal and transcript, the clerk of the superior court shall present the transcript to the justice who heard the cause for allowance. The justice after hearing and examination, shall restore the transcript to the files of the clerk with a certificate of his action thereon made within twenty days after filing the transcript, unless the twentieth day shall fall in vacation, in which event the cer- tificate may be filed at any time before the first Monday in the following month of October. If the transcript be not allowed by the justice who heard the cause within the time prescribed, or objection to his allowance be made by any party, the correctness of the transcript may be determined by the supreme court by petition filed within thirty days after filing the tran- script, unless the thirtieth day shall fall in vacation, in which event the correctness of the transcript may be determined by petition, filed on or before the tenth day after the first Monday in the following month of October. In all other respects than in time of filing the same course shall be followed as provided in section 21 of chapter 298 of the General Laws for establishing the truth of exceptions. Sec. 8. Upon the restoration oi the transcript to the files, or, if there Certifloation of be no transcript, then upon the filing of the reasons of appeal, the clerk ''™^®- of the superior court shall certify the cause and all papers to the supreme court. ' Sec. 9. The claim of an appeal shall suspend the operation of the Effect of ap- decree appealed from, but, in case of default in taking the procedure ^ required, such suspension shall cease, and the superior court upon mo- tion of any party aball proceed as if no claim of appeal had been made, unless it be made to appear to the superior court that the default no longer exists. Sec. 10. Any court day in the supreme court shall be a motion day Motion day. for the purpose of hearing a motion to assign the appeal for hearing. Sec. 11. The supreme court after hearing any appeal shall determine Power of su- the same, and afiirm, reverse or modify the decree appealed from, and Pi^finie court, may itself take, or cause to be taken by the superior court, such further proceedings as shall seem just. If a new decree shall be necessary, it shall be framed by the supreme court for entry by the superior court. Thereupon the cause shall be remanded to the superior court for such further proceedings as shall be required. Sec. 12. No process for the execution of a final decree of the superior Execution, court from which an appeal may be taken shall issue imtil the expiration of ten days after the entry thereof, unless all parties against whom such decree is made waive an appeal by a writing filed with the clerk or by causing an entry thereof to be made on the docket. Sec. 13. If, in the course of the proceedings in any cause, any ques- ^"^"^'L°^^ ™*y tion of law shall arise which in the opinion of the superior court is of such "ertifled. doubt and importance, and so affects the merits of the controversy, that it ought to be determined by the supreme court before further proceed- ings, the superior court may certify such question to the supreme court for that purpose, and stay all further proceedings except such as are necessary to preserve the rights of the parties. Sec. 14. At any time befoie the expiration of two years from the date Review of of the approval of an agreement, or the entry of a decree fixing compen- ^ireements, etc. 394 APPENDIX — workmen's compensation laws — RHODE ISLAND. sation, but not afterwards, and before the expiration of tbe period for wMch compensation has been fixed by such agreement or decree, but not afterwards, any agreement, award, findings, or decree may be from time to time reviewed by the superior court upon the application of either party, after due notice to the other party, upon the ground that the incapacity of the injured employee lias subsequently ended, in- creased, or diminished. Upon such review the court may increase, diminidi, or discontinue the compensation from the date of the applica- tion for review, in accordance with the facts, or make such other order aa the justice of the case may require, but shall order no change of the status existing prior to the application for review. The finding of the court upon such review shall be served on the parties and filed with the clerk of the court having jurisdiction, in like tune and manner and sub- ject to like disposition as in the case of original decrees: Provided, That an agreement for compensation may be modified at any time by a subse- quent agreement between the parties, approved by the superior court in the same manner as original agreements in regard to compensation are required to be approved by the provisions of section 1 of Article III of this act. Forms as to Sec. 15. The superior court shall prescribe forms and make suitable procedure. orders as to procedure adapted to secure a speedy, eflicient and inex- pensive disposition of all proceedings under this act; and in making such orders said court shall not be bound by the provisions of the Gen- eral Laws relating to practice. In the absence of such orders, special orders shall be made m each case. Place of action. Sec. 16. Proceedings shall be brought either in the county where the accident occurred or in the county where the employer or employee lives or has a usual place of business. The court where any proceed- ing is brought shall nave power to grant a change of venue. Deatli no Sec. 17. No proceedings under this act shall abate because of the Sent ^ ^*^ death of the petitioner, but may be prosecuted by his legal representa- tive or by any person entitled to compensation by reason of said death, under the provisions of this act. Liniitatioii. Sbc. 18. An employee's claim for compensation under this act shall be barred unless an agreement or a petition, as provided in this article, shall be filed within two years after the occurrence of the injury, or, in case of the death of the employee, or, in the event of his physical or mental incapacity, within two years after the dealii of the employee or the removal of such physical or mental incapacity. Payments to Sec. 19. If an employee receiving a weekly payment under this act nonresidents. gj^^^jj ^^^^ ^ reside in the State, or, if his residence at the time of the accident is in an adjoining State, the superior court, upon the applica- tion of either party, may, in its discretion, having regard to the welfare of the employee and the convenience of the employer, order such pay- ment to be made monthly or quarterly instead of weekly. Settlement of Sec. 20. All questions arising under this act, if not settled by agree- disagreements. yj^^^i of the parties interested therein, shall, except as otherwise herein provided, be determined by the superior court. Injuries caused Sbc. 21. Where the injury for which compensation is payable under by third persons, ^jjjg ^^^ ^^ caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof, the employee may take proceedings both against Qiat person to recover damages and against any person liable to pay compensation under this act for such compensation, but shall not be entitled to receive both' damages and compensation; and if the employee has been paid com- pensation under this act, the person by whom the compensation was paid shall be entitled to indemnity from the person so liable to pay damages as aforesaid, and, to the extent of such indemnity, shall be subrogated to the rights of the employee to recover damages therefor. SiSS^ "' ^"" ^^°- 2^ (added by Chapter 936, Acts of 1913). The proceedings in "^ ^' all cases under this act shall be deemed matters of record; but the same shall not be required to be recorded at large, but shall be filed and numbered in the office of the clerk of the superior court, and a docket only, or short memorandum thereof, shall be kept by said clerk, in books provided for that purpose. APPENDIX — workmen's COMPENSATION LAWS — RHODE ISLAND. 395 Article IV. ALTBENATIVB SCHEMES PERMITTED. Section 1. Any employer may enter into an agreement with his insurance, eto^ employees in any employment to which this act applies to provide a subsUtuted^^ scheme of compensation, benefit, or insurance, in lieu of the compen- sation provided for in. this act, subject to the approval of the superior court. Such approval shall be granted only on condition. that the scheme proposed provides as great benefits as those provided by this act; and, if the_ scheme provides for contributions by employees, it shall confer additional benefits at least equivalent to these contributions. If such a scheme meets with the approval of said courtj the clerk shall issue a certificate enabling the employer to contract with any or all of his employees in employments to which this act applies to substitute such scheme for the provisions of this act for a period of not more than five years. Sec. 2. No scheme which provides for contributing by employees w h a shall be so certified which does not contain suitable provisions for the ™o*^^ equitable distribution of any money or securities held for the purpose of the scheme, after due provision has been made to discharge the liabilities already incurred^, if and when such certificate is revoked or the scheme otherwise terminated. Sec 3. If at any time the scheme no longer fulfills the requirements Kevooation of of this article, or is not fairly_ administered, or any other valid and "^rtifloates. substantial reason therefor exists, the superior court, on reasonable notice to the interested parties, shall revoke the certificate and the scheme shall thereby be terminated. Article V. the must MISCELLANEOUS PROVISIONS. Section 1. In this act, unless the context otherwise requires: Definitions. (a) "Employer" includes any person, copartnership, corporation or voluntary association, and the legal representative of a deceased employer. (b) "Employee" means any person who has entered into the em- ployment of, or works under contract of service or apprenticeship with, an employer, and whose remuneration does not exceed eighteen hundred dollars a year. It does not include a person whose employ- ment is of a casual nature, and who is employed otherwise than for the purpose of the employer's trade or business. Any reference to an employee who has been injured shall, where the employee is dead, include a reference to his dependents as hereinbefore defined, or to his legal representative, or, where he is a minor, or incompetent, to his conservator or guardian. Sec. 2. Nothing in this act shall affect the liability of the employer other statutes, to a fine or penalty under any other statute. Sec. 3. The provisions of this act shall not apply to injuries sus- tained, or accidents which occur, prior to the taking effect hereof. Sec. 4. If any section of this act shall be declared unconstitutional or invalid, such imconstitutionality or invalidity shall in no way ^J^iy affect the validity of any other portion thereof which can be given reasonable effect without the part so declared unconstitutional or invalid. Sec. 5. In all cases where an employer and employee shall have ^•*^''^'°" '•" elected to become subject to the provisions of thisact, the provisions ^^^^d. ""' *^' of section 14 of chapter 283 of the General Laws [giving a right to sue for damages for death by wrongful act], shall not apply whue this act is in effect. ' Sec 6. All acts and parts of acts inconsistent herewith are hereby repealed. Sec 7. This act may be cited as "Workmen's Compensation Act." Sec 8. This act shall take effect on the first day of October, nine- teen hundred and twelve. Approved April 29, 1912. Prior accidents. Sections to be construed sepa- Eepeal. Title. Act in effect 396 APPENDIX^ — workmen's compensation laws — TEXAS. TEXAS. ACTS OF 1913. Chapteb 179. — Compensation of workmen for injuries. Part I. Defenses Section 1. In an action to recover damages for personal injury sus- abolished. tained'by an employee in the course of his employment, or for death resulting from personal injury so sustained, it shall not be a defense — 1. That the employee was guilty of contributory negligence; but in such event the damages shall be diminished in proportion to the amount of negligence attributable to such employee: Provided, That no such employee who may be injured or killed shall be held to have been guilty of contributory negligence where the violation by such employer of any statute enacted for the safety of the employee contributed to the injury or death of such employee. 2. That the injury was caused by the negligence of a fellow em- ployee. 3. That the employee had assumed the risk of the injury incident to his emplojrment; but such employer may defend in such action on the ground that the injury was caused by the willful intention of the employee to bring about tiie injury. Proviso. 4. Provided, however, In all such actions against an employer who is not a subscriber as defined hereafter in this act, it shall be necessary to a recovery for the plaintiff to prove negligence of such employer or some agent or servant of such employer acting within the general scope of his employment. Employments Sec. 2. The provisions of this act shall not apply to actions to recover exempted. damages for the personal injuries or for death resulting from personal injuries sustained by domestic servants, farm laborers, nor to the employees of any person, firm or corporation operating any railway as a common carrier, nor to laborers engaged in working for a cotton gin, nor to the employees of any person, firm or corporation having in his or their employ not more than five employees. Bemedy exclu- Sec. 3. The employees of a subscriber shall have no right of action ^'™' against their employer for damages for personal injuries and the repre- sentatives and beneficiaries of deceased employees shall have no right of action against such subscribing employers for damages for injuries resulting in death, but such employees, and their representatives and beneficiaries shall look for compensation solely to the Texas Employees Insiu-ance Association as the same is hereinafter provided for: Provided, That all compensation allowed under the succeeding sections herein, Benefits ex- shall be exempt from garnishment, attachment and all other suits or empt. claims, as are current wages now exempted by law. Employees of Sec. 4. Employees whose employers are not at the time of injury nonsubsoribers. guHjgQi-iijers to said association and the representatives and beneficiaries of deceased employees who at the time of injury were working for non- subscribing employers cannot participate in the benefits of said insur- ance association, but they shall be entitled to bring suit, and may recover judgment against such employers, or any of them, for all dam- ages sustained by reason of any personal injury received in the course of employment, or by reason of death resulting from such injury, and the provisions of section 1 of this act shall be applied in all such actions. Willful and Sec. 5. Nothing in this act shall be taken or held to prohibit the gross negligence, recovery of exemplary damages by the surviving husband, wife and heirs, or such of them as there may be, of any deceased employee whose death is occasioned by homicide, through the willful act or omission or gross negligence of any person, firm or corporation, the employer of such employee at the time of the injury causing liie death of the latter, and in all cases where exemplary damages are sought under this section, in case the injured party has already been awarded actual damages by the board herein provided, said fact and said amount so received shall be made known to the court or jury trying said cause for exemplary damages; and on the issue for exemplary damages he shall have the same defenses as under the existing law. APPENDIX — workmen's COMPENSATION LAWS — TEXAS. 397 Sec. 6. No compensation shall be paid under this act for an injury Waiting time, which does not incapacitate the employee for a period of at least one week from earning full wages, but if incapacity extends beyond one week, conrpensation shall begin on the eighth day after injury. Sec. 7. During the first week of the injury the association shall Medical, etc., furnish reasonable medical aid, hospital services, and medicines when benefits, needed, and if it does not furnish these immediately as and when needed, it shall repay all sums reasonably paid or incurred for same: Provided, Reasonable notice of injury shall be given to the said associa- tion, and this provision requiring notice shall apply to all subsequent sections of this act providing for compensation. Sec. 8. If death should result from the injury, the association here- Compensation inatter created, shall pay to the legal beneficiary of the deceased em- '" ^^**- ployee a weekly payment equal to 60 per cent of his average weekly wages, but not more than $15.00 nor less than $5.00 a week, for a period of three hundred and sixty weeks from the date of injury: Provided, That the compensation herein provided for shall be distributed accord- ing to the law providing for the distribution of other property of deceased. Sbo. 9. P the deceased employee leaves no legal beneficiaries or No dependents, creditors, the association shall pay all expenses incident to his last sick- ness, and in addition a funeral benefit not to exceed one hundred dol- lars: Provided, Where the deceased leaves no beneficiaries as provided herein, but leaves creditors, the association shall be liable to such credi- tors for an amount not exceeding the amount that would otherwise have been due beneficiaries, which amount paid shall not exceed amount due such creditor or creditors. Sec. 10. Whilfe the incapacity for work resulting from the injury is Total disability, total, the association shall pay the injured employee a compensation equal to 60 per cent of his average weekly wages but not more than $15.00 nor less than $5.00 a week, and in no case shall the period covered by such compensation be greater than four hundred weeks. Sec. 11. While the incapacity for work resulting from the injury is Partial di«- partialj the association shall pay the injured employee a weekly com- ^^'^^y- pensation equal to 60 per cent of the difference between his average weekly wages before the injury and the average weekly wages he is able to earn thereafter, but in no case to be more than $15.00 a week; and the period covered by such compensation to be in no case greater than three hundred weeks. Sec 12. In case of the following specified injuries the amounts here- .Specific inju- inafter named shall be paid by the association ia addition to all other "''^• compensation: (a) For the loss by severance of both hands, at or above the wrists, or of both feet at or above the ankle, or the loss of one hand and one foot, or the reduction to one-tenth of the normal vision in both eyes, 60 per cent of the average weekly wages of the injured employee, but not more than $15.00 nor less than $5.00 a week for a period of one hundred weeks, (b) For the loss by severance of either hand at or above the wrist, or either foot above the ankle, or the reduction to one-tenth of normal vision in either eye, 60 per cent of the average weekly wages of the injured employee, but not more than $15.00 nor less than $5.00 a week, for a period of fifty weeks, (c) For the loss by severance at or above the second joint of two or more fingers, including thumbs, and toes, 60 per cent of the average weekly wages of the injured employee, but not more than $15.00 nor less than $5.00 a week, for a period of twenty-five weeks, (d) For the loss by severance of at least one joint of a finger, thumb or toe, 60 per cent of the average weekly wages of the injured employee, but not more than $15.00 nor less than $5.00 a week, for a period of twelve weeks. Sec. 13. If an injured employee is mentally incompetent or is a minor Incompetence, at the time when any rights or privileges accrued to him under this act, his guardian or next friend may in his behalf claim and exercise such rights and privileges. Sec. 14. No agreement by an employee to waive his rights to compen- Waivers, sation under this act shall be valid. Sec. 15. In cases where death or total permanent disability results Lump-sum from an injury, the liability of the association may be redeemed by pay- P^y^^nts. 398 APPENDIX — workmen's CQMPENSATION laws TEXAS. ment of a lump sum by agreement of tlie parties thereto, subject to the approval of the "Industrial Accident Board " hereinafter created. Survival of Sec. 16. In all cases of injury resulting in death, where such injury action. ^^g received in the course of employment, cause of action shall survive. Paet II. Industrial ac- cident board. Membersliip. Salaries, etc. Powers. Medical exami- nations. Procedure. Notice. Claim. Settlement of disputes. Suits. Section 1. There shall be an "Industrial Accident Board" consist- ing of three members, and the same is hereby created to be appointed by the governor, one of whom shall be designated as chairman, and the term of office shall be two years for members of the board. Sec. 2. One member of the Industrial Accident Board shall be at the time of his appointment, an employer of labor in some industry or busi- ness covered by this act; one shall be at the time of his appointment, a wage earner employed in some industry or business covered by this act, and the third member shall be, at the time of his appointment, a practicing attorney of recognized ability, said member to act in the capacity of legal adviser to the board in addition to his other duties as a member thereof. Sec. 3. The salaries and expenses of the Industrial Accident Board shall be paid by the State. The salary of the chairman shall be three thousand dollars a year, and the salaries of the other members of the board shall be two thousand and five hundred dollars a year each. The board may appoint a secretary at a salary of not more than two thou- sand dollars a year and may remove him at any time, furnishing him, upon demand, with a statement of the cause of his removal. It shall also be allowed an annual sum not exceeding five thousand dollars a year, for clerical services, traveling and other necessary expenses. The board shall be provided suitable offices in the capitol or some other convenient building in the City of Austin, where its records shall be kept. Sec. 4. The board may make rules not inconsistent with this act for carrying out and enforcing its provisions, and may require any em- ployee claiming to have sustained injury, to submit himself for exam- ination before such board or some one acting under its authority at some reasonable time and place within the State and as often as may be reasonably ordered by the board, to a physician or physicians au- thorized to practice under the laws of this State. If the employee re- quests, he shall be entitled to have a physician or physicians of his own selection present to participate in such examination. Refusal of the employee to submit to such examination shall deprive him of the right to compensation during the continuance of such refusal. When a right to compensation is thus suspended no compensation shall be payable in respect of the period of suspension. Process and procedure shall be as summary as may be under this act. The board or any mem- ber thereof shall have power to subpoena witnesses, administer oaths, inquire into matters of fact, and to examine such parts of the books and records of the parties to a proceeding as relate to questions in dis- pute. All rulings or decisions of the board relating to disputed claims shall be based upon questions of fact, and in accord with the provisions of this act. Sec. 4a. No proceedings for compensation for injury under this act, shall be maintained unless a notice of the injury shall have been given to the association or subscriber, as soon as practicable after the hap- pening thereof, and unless the claim for compensation with respect to such injury shall have been made within six months after the occur- rence of the same; or, in case of the death of the employee, or in the event of his physical or mental incapacity, within six months after death or the removal of such physical or mental incapacity. Sec. 5. All questions arising under this act, if not settled by agree- ment of the parties interested therein, shall, except as otherwise herein provided, be determined by the Industrial Accident Board. Any in- terested party who is not willing, and does not consent io abide by the final ruling and decision of said board on any disputed claim may sue on such claim or may require suit to be brought thereon in some court of competent jurisdiction, and the board shall proceed no further toward the adjustment of such claim: Provided, however, That when- APPENDIX — workmen's COMPENSATION LAWS — TEXAS. 399 ever any such suit is brought, the rights and liabilities of the parties thereto^ shall be determined by the provisions of this act, and the suit of the injured employee, or jgersons suing on account of the death of such employee, shall be against the association, if the employer of such injured or deceased employee is at the time of such injury or death a subscriber, as defined in this act, in which case the recovery shall not exceed the maximum compensation allowed under the pro- visions of this act, and the court shall determine the issues in such cause instead of said board. Sec. 6. If a subscriber enters into a contract, written or oral, with an Employees of independent contractor to do such subscriber's work, or it a contractor """traoto". enters into a contract with a subcontractor to do all or any part of the work comprised in such contract with the subscriber, and the associa- tion would, if such work was executed by employees immediately em- ployed by the subscriber, be liable to pay compensation under this act to such employees, the association shall pay to such employees any compensation which would be payable to mem under this act if the independent or subcontractors were subscribers. The association shall, however, be entitled to recover indemnity from any other persons who would have been liable to such employees independently of this sec- tion, and if the association has paid compensation under the terms of this section, it may enforce in the namS of the employees or in its own name and for its own benefit, the liability of such other persons. This section shall not apply to independent or subcontractors or any con- tract which is merely auxiliary and incidental to, and is no part of or process in, the trade or business carried on by the subscriber. Sec. 7. Every employer shall hereafter keep a record of all injuries, injuries to be fatal or otherwise, received by his employees in the course of their "^^Por**"- employment. Within eight days after the occvirrence of an accident resulting in a personal injury to an employee, a report thereof shall be made in writing to the Industrial Accident Board on blanks to be pro- cured from the board for that purpose. Upon the termination of the disability of the injured employee, or if such disability extends beyond a period of sixty days, the employer shall make a supplemental report upon blanks to be procured for that purpose. The said report shall contain the name and nature of the business of the employer, the loca- tion of the establishment, the name, age, sex and occupation of the injured employee, and shall state the date and hour of the accident, and the nature and cause of injury, and such other information as the board may require. Any employer failing or refusing to make any such report within the time herein provided or failing or refusing to give to said board any information demanded by said board relating to any injury to an employee, which information is in the possession of, or could have been ascertained by the employer by the use of reason- able diligence, shall be liable for and shall pay to the State of Texas a , penalty of not more than one thousand ($1,000.00) dollars for each and every offense, the same to be recovered in a suit to be instituted and prosecuted by the attorney general, or under his direction, either in the district court of Travis County, or in the county in which any defendant resides, at the option of the said attorney general. Part III. Section 1. The "Texas Employers' Insurance Association" is Employers' fa- hereby created a body corporate with the powers provided in this act l^^^f® associa- and with all the general corporate powers incident thereto. | Sec. 2. The governor shall appoint a board of directors of the associa- Directors, tion consisting of twelve members, who shall serve for a term of one year, or until their successors are elected by ballot by the subscribers at such time and for such term as the by-laws shall provide. Sec. 3. Until the first meeting of the subscribers, the board of direc- Powers, tors shall have and exercise all of the powers of the subscribers, and may adopt by-laws not inconsistent with the provisions of this act, which shall be in effect until amended or repealed by the subscribers. Sec. 4. The board of directors shall annually choose by ballot a Officers, president who shall be a member of the board, a secretary, a treasurer, and such other oflBcers as the by-laws may provide. 400 APPENDIX-r-WORKMEN 'S COMPENSATION LAWS TEXAS. Subscribers. First meeting. Votes. Quorum. Sec. 5. Seven or more of the directors shall constitute a quorum for the transaction of business. Vacancies in any office may be filled in such manner as the by-laws shall provide. Sec. 6. Any employer of labor in the State may become a subscriber excepting as provided in Part I, section 2 of this act. Sec. 7. The board of directors shall, within thirty days of the sub- scription of twenty-five employers, call the first meeting of the sub- scribers by a notice in writing mailed to each subscriber at his residence or place oi business not less than ten days before the date fixed for the meeting. Sec. 8. In any meeting of the subscribers each subscriber shall have one vote, and if a subscriber has five hundred employees to whom the association is bound to pay compensation, he shall be entitled to two votes and he shall be entitled to one additional vote for each additional five hundred employees to whom the association is bound to pay com- pensation, but no subscriber shall cast, by his own right, or by right of proxy, more than ten votes. When policies Sec. 9. No policy shall be issued by the association imtil not less may issue. ^j^g^^ gf^y employers have subscribed, who have not less than two thousand employees to whom the association may be bound to pay compensation. Datatobeflled. Sec. 10. No policy shall be i*ued by the association until a list of the subscribers, with the number of employees of each; together with such other information as the commissioner of banking and insurance may require, shall have been filed with the department of banking and insurance, nor until the president and secretary of the association shall have certified under oath that every subscription on tne list so filed is genuine and made with an agreement with every subscriber that he will take the policies so subscribed for by him within thirty days of the granting of a license to the association by the commissioner of banking and insurance to issue policies. Issue ofpollcies Sec. 11. If the number of subscribers falls below fifty or the number suspended, wben. ^j employees to whom the association may be bound to pay compensa- tion falls below two thousand, no further policies shall be issued until other employers have subscribed, who, together with existing subscri- bers, amount to not less than fifty, who have not less than two thousand employees, to whom the association may be bound to pay compensa- tion, said subscriptions to be subject to the provisions of the preceding section. Sec._12. Upon the filing of the certificates provided for in the two preceding sections the coramissioner of banking and insurance shall make such investigations as he may deem proper and if his findings warrant it, grant a license to the association to issue policies. Sec. 13. The board of directors shall distribute the subscribers into groups in accordance with the nature of the business and the degree of hazard incident thereto. Subscribers within each group shall annually pay in cash, such premiums as may be required to pay the compensation ' herein provided for the injuries which may occur in that year. - Sec. 14. The association may in its by-laws and policies fix the License. Classiii cation. Contingent lia- biUty. Assessments. Dividends. mutual contingent liability of the subscribers for the payment of losses a,nd expenses not provided for by its cash fund, but such contingent .liability of a subscriber shall not be less than an amount equal to and in addition to the cash premium. Sec. 15. If the association is not possessed of cash funds above its insured premiums sufficient for the payment of incurred losses and expenses, it shall make an assessment for the amount needed to pay such losses and expenses upon the subscribers liable to assessment therefor in proportion to their several liability. Every subscriber shall pay his proportional part of any assessment which may be levied by the association, in accordance with the laws and his contract, on account of injuries sustained and expenses incurred while he is a subscriber. Sec. 16. The board of directors may from time to time, by vote fix the amount to be paid as dividends upon the policies expiring during each year after retaining sums sufiicient to pay all compensation which may be payable on account of injuries sustained and expenses incurred. All premiums, assessments and dividends shall be fixed by and for APPENDIX: — WORKMEN'S COMPENSATION LAWS TEXAS. 401 groups as heretofore provided in accordance with the experience of such group, but all the funds of the association and the contingent liabUity of all of the subscribers shall be available for the payment of any approved claim for compensation against the association. $EC. 17. Any proposed premium, assessment, dividend or distribu- Premiums., etc, tion of subscribers shall be filed with the commissioner of banking and *° ''* approved, insurance and shall not take effect until approved by him after such investigation as he may deem proper and necessary. Sec. 18. The board of directors shall make and enforce reasonable Prevention of rules for the prevention of injuries on the premises of subscribers, and ^"idents. for this purpose the inspector of the association shall have free access to all such premises during regular working hours. Any subscriber aggrieved by such rule or regulation may petition the Industrial Acci- dent Board for a review, and it may affirm, amend or annul the rule or regulation. Sec. 19. Every subscriber shall, as soon as he secures a policy, give Notice to em- notice, in writing or print, to all persons under contract of hire' with Pioyees. him that he has provided for payment of compensation for injuries with the association. Sec. 20. Every subscriber shall, after receiving a policy, give notice Samesubjeot. in writing or print, to all persons with whom he is about to enter into a contract of hire, that he has provided for payment of compensation for injuries by the association. If any employer ceases to be a subscriber, he shall, on or before the day on which his policy expires, give notice to that effect in writing or print to all persons under contract of hire with him. In case of the renewal of his policy no notice shall be required under this act. He shall file a copy of said notice with the Industrial Accident Board. Sec. 21. If a subscriber, who has complied with all the rules, regula- Employers to tions and demands of the association, is required by any judgment of a ^^gj,"'™''™*^'^' court of law to pay any employee any damages on account of any personal injury sustained by such employee during the period of sub- scription, the association shall pay to the subscriber the full amount of the judgment and the cost assessed therewith, if the subscriber shall have given the association notice of the bringing of the action upon which the judgment was recovered, and an opportunity to appear and defend same. Sec. 22. The corporate powers of the association shall not expire Association to because of failure to issue policies or make insurance. oontinua. Sec. 23. The board of directors appointed by the governor under Esqjensea. the provisions of Part III, section 2, of this act, may incur such expenses in the performance of its duties as may be approved by the governor; such expenses shall be paid by the State out of any funds not otherwise appropriated, not to exceed five thousand dollars. Part IV. Section 1. The following words and phrases, as used in this act. Definitions, shall, unlessf a different meaning ia plainly requiredi by the contex*, have the following meaning : ' ' Employer " shall include the legal repre- sentatives of any original employer. "Employee" shall include every person in the service of another under any contract of hire, expressed or implied, oral or written, except one whose employment is but casual, or is not in the usual course of the trade, business, profession or occupation of the employer. Any refer- ence to any employee who has been injured shall when the employee is dead, also include the legal beneficiaries of such employee to whom compensation may be payable. "Average weekly wages" shall mean the earnings of the injured employee during the period of twelve calendar months immediately preceding the date of injury divided by fifty-two; but if the injured employee lost more than two weeks during such period, then the earn- ings for the remainder of the twelve calendar months shall be divided by the number of weeks remaining, after the time lost has been de- ducted. When, by reason of the shortness of the time of the employ- 22566°— S. Doc. 336, 63-2 26 402 APPENDIX workmen's COMPENSATION LAWS TEXAS. ment of the employee, it is impracticable to compute the average weekly wages as above defined, it shall be computed by the Industrial Accident Board in any manner which may seem just and fair to both parties. "Association" shall mean the "Texas Employees Insurance Associa- tion" or any other insurance company authorized under this act to insure the payment of compensation to injured employees, or to the beneficiaries of deceased employees. "Subscriber" shall mean any employer who has become a member of the association by paying a year's premium in advance and receiving the receipts of the association therefor: Provided, That the association holds a license issued by the commissioner of banking and insurance as provided for in Part III, section 12 of this act. Insurance oomr Sec. 2. Any insurance company, which term shall include mutual panies. ^^^ reciprocal insurance companies lawfully transacting a liability or accident business within this State, shall have the same right to insure the liability to pay the compensation provided for by Part I of this act, and when such company issues a policy conditioned to pay such com- pensation the holder of such policy shall be regarded as a subscriber so far as applicable under this act; and when such company insures such payment of compensation it shall be subject to the provisions of Parts I, II and IV and of sections 10, 17 and 21 of Part III of this act, and shall file with the commissioner of banking and insurance its classification of premiums none of which shall take effect until the commissioner of banking and insurance has approved same as adequate to the risks to which they respectively apply and not greater than charged by the association, and such company may have and exercise all of the rights and powers conferred by this act on the association created hereby but such rights and powers shall not be exercised by a mutual or reciprocal organization unless such organization has at least fifty subscribers, who have not less than two thousand employees. Refund of pre- Sec. 3. Any subscriber who has paid his annual premium as pro- miums. vided in section 1, Part IV of this act, but who ceases to be an employer after three months and before the expiration of one year, may by satis- factory proof of such fact made to the Industrial Accident Board as herein created be entitled to a refund of such portion of the annual premium so paid by him as the portion of the year in which he is notan employer bears to the whole year: Provided, That in no event shall more than three-fourths of the annual premium by any subscriber who claims the benefit of this refund ever be refunded. Sec. 4. Should any part of this act be, for any reason held to be invalid or inoperative, no other part or parts shall be affected thereby, and if any exception to or limitation upon any general provision herein contained shall oe held to be unconstitutional or invahd or ineffective the general provision shall nevertheless stand effective and valid as if it had been enacted without exception or limitation. Repealer. Sec. 5. All laws or parts of laws in conflict herewith are hereby repealed. Act in effect. Sec. 6. This act shall take effect and be in force on and after the first day of September, Nineteen Hundred and Thirteen. Approved April 16, 1913. VERMONT. CONSTITUTION. Compensation for injuries to employees. thiriled^"°° *'^' -A-^TKLE 32. The general assembly may pass laws compelling com- pensation for injuries received by employees in the course of their em- ployment resulting in death or bodily hurt, for the benefit of such employees, their widows or next of kin. It may designate the class or classes of employers and employees to which such laws shall apply. Ratified March 4, 1913. APPENDIX — workmen's COMPENSATION LAWS — WASHINGTON. 403 WASHINGTON. ACTS OF 1911. Suits abolished. Extrahazardous employments. Chapter 74. — Worhmen's insurance — Industrial insurance department. Section 1. The common-law system governing the remedy of work- Grounds men against employers for injuries received in hazardous work is incon- '*''■ sistent with modem industrial conditions. In practice it proves to be economically unwise and unfair. Its administration has produced the result that little of the cost of the employer has reached the workman and that little only at large expense to the public. The remedy of the workman has been uncertain, slow and inadequate. Injuries xn such works, formerly occasional, have become frequent and inevitable. The welfare of the State depends upon its industries, and even more upon the welfare of its wageworker. The State of Washington, therefore, exercising herein its police and sovereign power, declares that all phases of the premises are withdrawn from private controversy, and sure and certain relief for workmen, injured in extra hazardous work, and their families and dependents is hereby provided regardless of questions of faultand to the exclusion of every other remedy, proceeding or compen- sation, except as otherwise provided in this act; and to that end all civil actions and civil causes of action for such personal injuries and all juris- diction of the courts of the State over such causes are hereby abolished, except as in this act provided. Sec. 2. There is anazard in all employment, but certain employ- ments have come to be, and to be recognized as being inherently con- stantly dangerous. This act is intended to apply to all such inherently hazardous works and occupations, and it is the purpose to embrace all of them, which are within the legislative jurisdiction of the State, in the following enumeration, and they are intended to be embraced within the term ' ' extra hazardous " wherever used in this act, to-wit: Factories, mills and workshops where machinery is used; printing, electro typing, photo-engraving and stereotyping plants where machin- ery is used; foundries, blast furnaces, mines, wells, gas works, water- works, reduction works, breweries, elevators, wharves, docks, dredges, smelters, powder works; laundries operated by power; quarries; engi- neering works ; logging, lumbering and shipbuilding operations ; logging, street and interurban railroads; buildings beir^ constructed, repaired, moved or demolished; telegraph, telephone, electric light or power plants or lines, steam heating or power plants, steamboats, tugs, ferries and railroads. If there be or arise any extra hazardous occupation or work other than those hereinabove enumerated, it shall come under this act, and its rate of contribution to the accident fund hereinafter established, shall be, until fixed by legislation, determined by the department hereinafter created, upon the basis of the relation which the risk involved bears to the risks classified in section 4. Sec. 3. In the sense of this act words employed mean as here stated, to wit: Factories mean undertakings in which the business of working at commodities is carried on with power-driven machinery, either in manufacture, repair or change, and shall include the premises, yard and plant of the concern. Workshop means any plant, yard, premises, room or place wherein Eower-driven machinery is employed and manual labor is exercised y way of trade for gain or otherwise in or incidental to the process of making, altering, repairing, printing or ornamenting, finishing or adapting for sale or otherwise any article or part of article, machine or thing, over which premises, room or place the employer of the person working therein has the right of access or control. Mill means any plant, premises, room or place_ where machinery is used, any process of machinery, changing, altering or repairing any article or commodity for sale or otherwise, together with the yards and premises which are a part of the plant, including elevators, warehouses and bunkers. of Dennltlons. 404 APPENDIX- — WOBKMEn's COMPENSATION LAWS WASHINGTON. Mine means any mine where coal, clay, ore, mineral, gypsum or rock is dug or mined underground. Quarry means an open cut from which coal is mined, or clay, ore, mineral, gypsum, sand, gravel or rock is cut or taken for manufactur- ing, building or construction. Engineering work means any work of construction, improvement or alteration or repair of buildings, structures^ streets, highways, sewers, street railways, railroads, logging roads, mterurban railroads, harbors, docks, canals; electric, steam or water power plants; tele- graph and telephone plants and lines; electric light or power lines, and includes any other works for the construction,^ alteration or repair of which machinery driven by mechanical power is used. Except when otherwise expressly statedj employer means any per- son, body of persons, corporate or otherwise, and the legal personal representatives of a deceased employer, all while engaged in this State in any extra hazardous work . Workman means every person in this State, who, after September 30, 1911, is engaged in the employment of an employer carrying on or conducting any of the industries scheduled or classified in section 4, whether by way of manual labor or otherwise, and whether upon the premises or at the plant or^ he being in the course of his employment. Certain injuries away from the plant of his employer: Provided, however. That if the ofemiSo™'. injury to a workman occurring away from the ^lant of his employer is due to the negligence or wrong of another not m the same employ, the injured workman, or if death results from the- injury, his widow, chil- dren, or dependents, as the case may be, shall elect whether to take under this act or seek a remedy against such other, such election to be in advance of any suit under this section; and ifhe take under this act, the cause of action against such other shall be assigned to the State for the benefit of the accident fund; if the other choice is made, the accident fund shall-contribute only the deficiency, if any, between the amount of recovery against such third person actually collected, and the compensation provided or estimated by this act for such case. Any such cause of action assigned to the State may be prosecuted, or compromised by the department, in its discretion. Any compromise by the workman of any such suit, which would leave a deficiency to be made good out of the accident fund, may be made only with the writtenapproval of the department. Any individual employer or any member or officer of any corporate employer who shall be carried upon the pay roll at a salary or wage not less than the average salary or wage named in such pay roll and who shall be injured, shall be entitled to the benefit of this act as and under the same circumstances as and subject to the same obligations as a workman. Dependent means any of the following-named relatives of a work- man whose death results from any injury and who leaves surviving' no widow, widower, or child under the age of sixteen years, viz: invalid child over the age of sixteen years, daughter, between sixteen and eighteen years of age, father, mother, grandfather, grandmother, step- father, step-mother, grandson, granddaughter, step-son, step-daughter, brother, sister,_ half-sister, half-brother, niece, nephew," who, at the time of the accident,_ are dependent, in whole or in part, for their sup- port upon the earnings of the workman. Except where otherwise provided by treaty, aliens, other than father or mother, not residing within the United States at the time of the accident, are not included. Beneficiary means a husband, wife, child or dependent of a work- man, in whom shall vest a right to receive payment under this act. Invalid- means one who is physically or mentally incapacitated from earning. The word child," as used in this act, includes a posthumous child, a child legally adopted prior to the injury, and an illegitimate child legitimated prior to the injury. The words injury or injured, as used in this act, refer only to an injury resulting from some fortuitous event as distinguished from th« contraction of disease. APPENDIX — WOEKMBN's COMPENSATION LAWS WASHINGTON. 405 Sec. 4. Insomuch as industry should bear the greater portion of Schedule of the burden of the cost of its accidents, each employer shall, prior P"™"™ ''^^■ to January 15th of each year, pay into the State treasury, in accordance with the following schedule, a sum equal to a percentage of his total pay roll for that year, to wit: (the same being deemed the most accurate method of equitable distribution of burden in proportion to relative hazard) : CONSTEUOTION WOEK. Tunnels; bridges; trestles; subaqueous works; ditches and canals (other than irrigation without blasting); dock excavation; fire escapes; sewers; house moving; house wrecking 0. 065 Iron, or steel frame structures or parts of structures 080 Electric light or power plants or systems; telegraph or telephone systems; pile driving; steam railroads 050 Steeples, towers or grain elevators, not metal framed; dry- docks without excavations; jetties; breakwaters; chinmeys; marine railways; waterworks or systems; electric railways with rock work or blasting; blasting; erecting fireproof doors or shutters 050 Steam heating plants; tanks, water towers or windmills, not metal frames 040 Shaft sinking... 060 Concrete buildings; freight or passenger elevators; fireproofing of buildings; galvanized iron or tm works; gas works, or systems; marble, stone or brick work; road makmg with blast- ing; roof work; safe moving; slate work; outside .plumbing work; metal smokestacks or chimneys 050 Excavations not otherwise specified; blast furnaces 040 Street or other grading; cable or electric street railways without blasting; advertising signs; ornamental metal work in build- ings 035 Ship or boat building or wrecking with scaffolds; floating docks. . 045 Carpenter work not otherwise specified 035 Installation of steam boilers or engines; placing wire in conduits; installing dynamos; putting up belts for machinery; marble, stone or tile setting, mside work; mantel setting; metal ceiling work; mill or ship wrighting; painting of buildings or struc- tures; installation of automatic sprinklers; ship or boat rigging; concrete laying in floors, foundations of street paving; asphalt laying; covering steam pipes or boilers; installation of ma- chinery not otherwise specified 030 Drilling wells; installing electrical apparatus or fire alarm systems in buildings; house heating or ventilating systems; glass setting; building hot houses; lathing; paper hanging; plastering; inside plumbing; wooden stair building; road making 020 OPERATION (including REPAIR WORK) OF — (All combinations of materials take the higher rate when not other- wise provided). Logging railroads; railroads; dredges; interurban electric rail- roads using third rail system; dry or floating docks 0. 050 Electric light or power plants; interurban electric railroads not using third-rail system; quarries 040 Street railways, all employees; telegraph or telephone systems; stone crushing; blasting furnaces; smelters; coal mines; gas works; steamboats; tugs; ferries 030 Mines, other than coal; steam heating or power plants 025 Grain elevators; laundries; waterworks; paper or pulp mills; garbage works 020 406 APPENDIX WOEKMEN's COMPENSATION LAWS WASHINGTON, FACTORIES USING POWER-DRIVEN MACHINERY. Stamping tin or metal 0. 045 Bridge work; railroad car or locomotive making or repairing; cooperage; logging with or without machinery; sawmills; shingle mills; staves; veneer; box; lath; packing cases; sash, door or blinds; barrel; keg; pail; basket; tub; woodenware or wooden-fibre ware; rolling mills; making steam shovels or dredges; tanksj water towers; asphalt; building material not ' otherwise specified; fertilizer; cement; stone with or without machinery; kindling wood; masts and spars with or without machinery; canneries, metal stamping extra; creosoting works; pile treating works 025 Excelsior; iron, steel, copper, zinc, brass or lead articles or wares not otherwise specified; working in wood not otherwise speci- fied; hardware; tile; brick; terra cotta; fire clay; pottery; earthenware; porcelain ware; peat fuel; brickettes 020 Breweries; bottlin|; works; boiler' works; foundries; machine shops not otherwise specified 020 Cordage; working in foodstuffs, including oils, fruits and vege- tables; working in wool, cloth, leather, paper, broom, brush, rubber or textiles not otherwise specified 015 Making jewehy, soap, tallow, lard, grease, condensed milk 015 Creameries; printing; electrotyping; photo-engraving; engrav- ing; lithographing 015 MISCELLANEOUS WORK. stevedoring; longshoring 030 Operating stock yards, with or without railroad entry; packing nouses 025 Wharf operation; artificial ice, refrigerating or cold storage plants; tanneries; electric systems not otherwise specified 020 Theater stage employees 015 Fire works manufacturing 050 Powder works 100 Act in effect, The application of this act as between employers and workmen shall when. ^g^j-g from and include the first day of October, 1911. The payment for 1911 shall be made prior to the day last named, and shall be prelimi- narily collected upon the pay roll of the last preceding three months of operation. At the end of each year an adjustment of accounts shall be made upon the basis of the actual pay roll. Any shortage shall be made good on or before February 1st, following. Every employer who shall enter into business at any intermediate day shall make his pay- ment for the initial year or portion thereof before commencing opera- tion; its amount shall be calculated upon his estimated pay roll, an adjustment shall be made on or before February 1st of the following year in the manner above provided. J,"?."'*'^'^ ''°' . ■^°'' *M purpose of such payments accoimts shall be kept with each industry in accordance with the classification herein provided and no class shall be liable for the depletion of the accident fund from acci- dents happening in any other class. Each class shall meet and be liable for the accidents occurring in such class. There shall be col- lected from each class as an initial payment into the accident fund as above specified on or before the 1st day of October, 1911, one-fourth of the premium of the next succeeding year, and one-twelfth thereof at the close of each month after December, 1911: Provided, Any class having sufficient funds credited to its account at the end of the first three months or any month thereafter, to meet the requirements of the accident fund, that class shall not be called upon for such month. In case of accidents occurring in such class after lapsed payment or pay- ments said class shall pay the said lapsed or deferred payments com- mencing at the first lapsed payment, as may be necessary to meet such requirements of the accident fund. counts, Al'PEKDlX — WOEKMEn's COMPENSATION LAWS — WASHINGTON. 407 The fund thereby created shall be termed the "accident fund" Accident fund, which shall be devoted exclusively to the purpose specified for it in this act. In that the intent is that the fund created under this section shall ultimately become neither more [n]or less than self-supporting, exclu- sive of the expense of administration, the rates in this section named are subject to future adjustment by the legislature, and the classifica- tions to rearrangement following any relative increase or decrease of hazard shown by experience. It shall be unlawful for the employer to deduct or obtain any part No deductions of the premium required by this section to be by him paid from the ™™ ^*S®s- wages or earnings of his workmen or any of them, and the making or attempt to make any such deduction shall be a gross misdemeanor. If, after this act has come into operation, it is shown by experience under the act, because of poor or careless management, any establish- ment or work is unduly dangerous in comparison with other like estab- lishments or works, the department may advance its classification of risks and premium rates m proportion to the undue hazard. In accordance with the same principle, any such increase in classification or premium rate, shall be subject to restoration to the schedule rate.. Any such change in classification of risks or premium rates, or any change caused by change in the class of work, occurring during the year shall, at the time of the annual adjustment, be adjusted by the department in proportion to its duration in accordance with the sched- ule of this section. If, at the end of any year, it shall be seen that the contribution to the accident fund by any class of industry shall be less than the drain upon the fund on account of that class, the deficiency shall be made good to the fund on the 1st day of February of the following year by the employers of that class in proportion to their respective payments for the past year. For the purposes of such payment and making good of deficit the particular classes of industry shall be as follows: CONSTRUCTION WORK. Class 1. Tunnels; sewer; shaft sinking; drilling wells. Classes of in- Class 2. Bridges; millwrighting; trestles; steeples, towers or grain °"stf'^- elevators not metal framed; tanks, water towers, windmills not metal framed. Class 3. Subaqueous works; canal other than irrigation or docks with or without blasting; pile driving; jetties; breakwaters; marine railways. Class 4. House moving; house wrecking; safe moving. Class 5. Iron or steel frame structures or parts of structures; fire escapes; erecting fireproof doors or shutters; blast furnaces; concrete chimneys; freight or passenger elevators; fire proofing of buildings; galvanized iron or tin work; marble, stone or brick work; roof work; , slate work; plumbing work; metal smoke stack or chimneys; adver- tising signs; ornamental metal work in buildings; carpenter work not otherwise specified; marble, stone or tile setting; mantle setting; metal ceiling work; painting of buildings or structures; concrete laying in floors or foundations; glass setting; building hot houses; lathing; paper hanging; plastering; wooden stair building. Class 6. Electric light and power plants or system; telegraph or tele- phone systems; cable or electric railways with or without rock work or blasting; waterworks or systems; steam heating plants; gas works or systems; installation of steam boilers or engines; placing wires in conduits; installing dynamos; putting up belts for machinery; instal- lation of automatic sprinklers; covering steam pipes or boilers; in- stallation of machinery not otherwise specified; installing electrical apparatus or fire alarm systems in buildings; house heating or ventilat- ing systems. . Class 7. Steam railroads; logging railroads. Class 8. Eoad making; street or other grading; concrete laymg in street paving; asphalt laying. . Class 9. Ship or boat building with scaffolds; shipwrighting; ship or boat rigging; floating docks. 408 APPENDIX WOKKMEN's COMPENSATION LAWS WASHINGTON. OPEEATION (iNCLTJDINS REPAIR WORK) OF. Class 10. Logging; sawmills; shingle mUls; lath, mills; masts and spars with or without machinery. Class 12. Dredges; dry or floating docks. Class 13. Electric light or power plants or systems; steam heat or power plants or systems; electric systems not otherwise specified. Class 14. Street railways. Class 15. Telegraph systems; telephone systems. Class 16. Coal mines. Class 17. Quarries; stone crushing; mines other than coal. Class 18. Blast furnaces; smelters; rolling mills. Class 19. Gas works. Class 20. Steamboats; tugs; ferries. Class21. Grain elevators. Clafis 22. Laundries. Class 23. Waterworks. Class 24. Paper or pulp mills. Class 25. Garbage works; fertilizer. FACTORIES (using POWER-DRIVEN MACHINERY). Class 26. Stamping tin or metal. Class 27. Bridge work; making steam shovels or dredges; tanks; water towers. Class 28. Railroad car or locomotive making or repairing. Class 29. Cooperage; staves; veneer; box; packing cases; sash[,] door or blinds; barrel; keg; paU; basket; tub; wood ware or wood fiber ware; -kindling wood; excelsior; working in wood not otherwise speci- fied. Class 30. Asphalt. Class 31. Cement; stone with or without machinery; building ma- terial not otherwise specified. Class 32. Canneries offruits or vegetables. Class 33. Canneries of fish or meat products. Class 34. Iron, steel, copper, zinc, brass or lead articles or wares; hard- ware; boiler works; foundries; machine shops not otherwise specified. Class 35. Tile; brick; terra cotta; fire clay; pottery; earthenware; porcelain ware. Class 36. Peat fuel; brickettes. Class 37. Breweries; bottling works. ' Class 38. Cordage; working in wool, cloth, leather, paper, brush, rub- ber or textile not otherwise specified. Class 39. Working in foodstuffs, including oils, fruits, vegetables. Class 40. Condensed milk; creameries. » Class 41. Printing; electrotj'ping; photo-engraving; engraving; litho- graphing; making jewelry. Class 42. Stevedoring; longshoring; wharf operation. Class 43. Stockyards; packing houses; making soap, tallow, lard, grease; tanneries. Class 44. Artificial ice, refrigerating or cold-storage plants. Class 45. Theater stage employees. Class 46. Fireworks manufacturing; powder works. Class 47. Creosoting works; pile treating works. Classes in same If a single establishment or work comprises several occupations estabusnment. Hg^^^ jjj tj^ig section in differertt risk classes, the premium shall be computed according to the pay roU of each occupation if clearly separable; otherwise an average rate of premium shall be charged for the entire establishment, taking into consideration the number_ of employees and the relative hazards. If an employer besides employing workmen in extra hazardous employment shall also employ workmen in employments not extra ha,zardous the provisions of this act shall apply only to the extra hazardous departments and employments and the workmen employed therein. In computing the pay roll the entire compensation received by every workman employed in extra hazardous employment shall be included, whether it be in the form of salary, wage, piecework, overtime, or any allowance in the way APPENDIX — workmen's COMPENSATION tAWS — WASHINGTON. 409 of profit sharing, premium or otterwise, and wtetlier payable in money, board, or otherwise. Sec. 5. (As amended by Chapter 148, Acts of 1913). Each work- Compensation, man who sha,ll be injured whether upon the premises or at the plant or, he being in the course of his employment, away from the plant of his employer, or his family or dependents in case of death of the work- man, Bhall receive out of the accident fund compensation ia accord- ance with the following schedule, and, except as in this act otherwise provided, such payment shall be in lieu of any and all rights of ac- tion whatsoever against any person whomsoever. (a) Where death results from the injury the expenses of burial shall Death, be paid in all cases, not to exceed $75 in any case, and (1) If the workman leaves a widow or invalid widower, a monthly payment of twenty dollars ($20) shall be made throughout the life of the surviving spouse, to cease at the end of the month in which remar- riage shall occur; and the surviving spouse shall also receive five dollars ($5) per month for each child of the deceased under the age of sixteen years at time of the occurrence of the injury until such minor child shall reach the age of sixteen years, but the total monthly payment under this paragraph (1) of subdivision (a) shall not exceed thirty-five dollars ($35). Upon remarriage of a widow she shall receive, once and for all, a lump sum equal to twelve times her monthly allowance, viz: the sum of two hundred and forty dollars ($240), but the monthly payment for the child or children shall continue as before. (2) If the workman leaves no wife or husband, but a child or children under the age of sixteen years, a monthly payment of ten dollars ($10) shall be made to each such child until such child shall reach the age of sixteen years, but the total monthly payment shall not exceed thirty- five dollars ($35), and any deficit shall be deducted proportionately among the beneficiaries. (3) If the workman leaves no widow, widower, or child under the age of sixteen years, but leaves a dependent or dependents, a monthly payment shall be made to each dependent equal to fifty per cent of the average monthly support actually received by such dependent from the workman during the twelve months next preceding the occurrence of the injury, but the total payment to all dependents in any case shall not exceed twenty dollars ($20) per month. If any dependent is under the age of sixteen years at the time of the occurrence of the injury, the payment to such dependent shall cease when such de- pendent shall reach the age of sixteen years. The payment to any dependent shall cease if and when, under the same circumstances, the necessity creating the dependency would have ceased if the injury had not happened. If the workman is under the age of twenty-one years and unmarried at the time of his death, the parents or parent of the workman shall receive twenty dollars ($20) per month for each month after his death until the time at which he would have arrived at the age of twenty- one years. (4) In the event a surviving spouse receiving monthly payments shall die, leaving a child or children under the age of sixteen years, the sum he or she shall be receiving on account of such child or children shall be thereafter, until such child shall arrive at the age of sixteen years, paid to the child increased 100 per cent, but the total to all children shall not exceed the sum of thirty-five dollars ($35) per month. (b) Permanent total disability means the loss of both legs or both arms, or one leg and one arm, total loss of eyesight, paralysis or other ^' condition permanently mcapacitati-ng the workman from performing any work at any gainfufoccupation. When permanent total disability results from the injury the work- man shall receive monthly during the period of such disability: (1) If unmarried at the time of the injury, the sum of twenty dollars ($20). (2) If the workman have a wife or invalid husband, but no child under the age of sixteen years, the sum of twenty-five dollars ($25). If the husband is not an invalid, the monthly payment of twenty-five dollars ($25) shall be reduced to fifteen dollars (f 15). Total disa- Fermanent. 410 APPENDIX -WORKMEN- *S COMPENSATION LA-^S -WASHINGTON. (3) If the -workman have a wife or husband and a child or children under the age of sixteen years, or, being a widow or widower, have any- such child or children, the monthly payment provided in the preced- ing paragraph shall be increased by five dollars ($5) for each such child until such child shall arrive at the age of sixteen years, but the total monthly payment shall not exceed thirty-five dollars ($35). Death during (c) If the injured workman die during the period of permanent total disability. disability, whatever the cause of death, leaving a widow, invalid widower or child under the age of sixteen years, the surviving widow or invalid widower shall receive twenty dollars ($20) per month until death or remarriage, to be increased five dollars ($5) per month for each child under the age of sixteen years until such child shall arrive at the age of sixteen years; but if such child is or shall be without father or mother, such child shall receive ten dollars ($10) per month until arriving at the age of sixteen years. The total combined monthly payment under this paragraph shall in no case exceed thirty-five dol- lars ($35). Upon remarriage the payments on account of a child or children shall continue as before to the child or children. Temporary dis- (d) ^When the total disability is only temporary, the schedule of pay- ability, ment contained in paragraphs (1), (2) and (3) of the foregoing subdi- vision (b) shall apply so long as the total disability shall continue, in- . creased fifty per cent for the first six months of such continuance, but in no case shall the increase operate to make the monthly payment exceed sixtjr per cent of the monthly wage (the daily wage multiplied by twenty-six) the workman was receiving at the time of his injury. As soon as recovery is so complete that the present earning power of the workman, at any kind of work, is restored to that existing at the Partial recoT- time of the occurrence of the injury the payments shall cease. If and ^^^' so long as the present earning power is only partially restored the pay- ments shall continue in the proportion which the new earning power shall bear to the old. No compensation shall be payable out of the accident fund unless the loss of earning power shall exceed five per cent. Capital values (e) For every case of injury resulting in death or permanent total set aside. disabUity it shall be the duty of the department to forthwith notify the State treasurer, and he shall set apart out of the accident fund a sum of money for the case, to be known as the estimated lump value of the monthly payments provided for it, to be calculated upon the theory that a monthly payment of twenty dollars ($20) to a person thirty years of age, is equal to a lump sum payment, according to the expect- ancy of life as fixed by the American Mortality Table, of four thousand dollars ($4,000), but the total in no case to exceed the sum of four thousand dollars ($1,000). The State treasurer shall invest said sum at interest in the class of securities provided by law for the investment of the permanent school fund, and out of the same and its earnings shall be paid the monthly installments and anjr lump sum payment then or thereafter arranged for the case. Any deficiency shall be made good out of, and any balance or overplus shall revert to the accident fund. The State treasurer shall keep accurate account of all such investments of the accident fund, and may borrow from the main fund to meet monthly payments pending conversion into cash of any security, and in such case shall repay such temporary loan out of the cash realized from the security. Partial disa- (f ) Permanent partial disability means the loss of either one foot, one ^^^^■y- leg, one hand, one arm, one eye, one or more fingers, one or more toes, any dislocation where ligaments are severed, or any other injury known in surgery to be permanent partial disability. For any permanent par- tial disability resulting from an injury, the workman shall receive com- pensation in a lump sum in an amount equal to the extent of the injury, , to be decided in the first instance by the department, but not in any case to exceed the sum of fifteen hundred dollars ($1,500). The loss of one major arm at or above the elbow shall be deemed the maximum permanent partial disability. Compensation for any other permanent ' partial disability shall be in the proportion which the extent of such disability shall bear to the said maximum. If the injured workman be under the age of twenty-one years and unmarried, the parents or parent shall also receive a lump sum payment equal to ten per cent of the amount awarded the rninor workman. APPENDIX — WOBKMEN's COMPENSATION LAWS — WASHINGTON. 411 (g) Should a further accident occur to a workman abeady receiving a monthly payment under this section for a temporary disability, or who has been previously the recipient of a lump-sum payment under this act, his future compensation shall be adjusted according to the other provisions of this section and with regard to the combined effect of hia mjuries, and his past receipt of money under this act. (h) If aggravation, dimmution, or termination of disability takes Readjustments. place or be discovered after the rate of compensation shall have been established or compensation terminated in any case the department may, upon the application of the beneficiary or upon its own motion, readjust for future application the rate of compensation in accordance with the rules in this section provided for the same, or in a proper case terminate the payments. (i) A husband or wife of an injured workman, living in a state of Spouses livini; abandonment for more than one year at the time of the injury or sub- apart, sequently, shall not be a beneficiary under this act. (j) If a beneficiary shall reside or remove out of the State the depart- Eemoval from ment may, in its discretion, convert any monthly payments provided State. for such case into a lump sum payment (not in any case to exceed 14,000.00) upon the theory, according to the expectancy of life as fixed by the Ameriean Mortality^ Table, that a monthly payment of twenty dollars ($20) to a person thirty years of age is worth four thousand dol- lars ($4,000), or, with the consent of the beneficiary, for a smaller sum. (k) Any court review under this section shall be initiated in the Reviews, county where the workman resides or resided at the time of the injury, or in which the injury occurred. Sec 6. If injury or death results to a workman from the deliberate Intentional in- intention of the workman himself to produce such injury or death, juries, neither the workman nor the widow, widower, child or dependentof the workman shall receive any payment whatsoever out of the accident fund. If injury or death results to a workman from the deliberate in- tention of his employer to produce such injury or death, the workman, the widow, widower, child or dependent of the workman shall have the privilege to take under this act and also have cause of action against the employer, as if this act had not been enacted, for any excess of damage over the amount received or receivable under this act. A minor working at an age legally permitted under the laws of this Minors. State shall be deemed sui juris for the purpose of this act, and no other person shall have any cause of action or right to compensation for an injury to such minor workman except as expressly provided in this act, but in the event of a lump-sum payment becoming due under this act to such minor workman, the management of the sum shall be within the probate jurisdiction of the courts the same as other property of minors. Sec. 7. In case of death or permanent total disability the monthly Lump-sum payment provided may be converted, in whole or in part, into a lump- payments, sum payment (not in any case to exceed $4,000), on the theory, ac- cording to the expectancy of life as fixed by the American Mortality Table, that a monthly payment of $20 to a person thirty years of age is worth the sum of $4,000, in which event the monthly payment shall cease in whole or in part accordingly or proportionately. Such con- version may only be made after the happening of the injury and upon the written application of the beneficiary (in case of minor children, the application may be by either parent) to the department, and shall rest m the discretion of the department. Within the rule aforesaid the amount and value of the lump-sum payment may be agreed upon between the department and the beneficiary. Sec. 8. If any employer shall default in any payment to the aeci- Default in pay- dent fund hereinbefore in this act required, the sum due shall be col- ™j°^j "' P''^ lected by action at law in the name of the State as plaintiff, and such right of action shall be in addition to any other right of action or rem- edy. In respect to any injury happening to any of his workmen during the period of any default in the payment of any premium under section 4, the defaulting employer shall not, if such default be after demand for payment, be entitled to the benefits of this act, but shall be liable to suit by the injured workman (or the husband, wife, child or dependent of such workman in case death result from the accident), as he would have been prior to the passage of this act. 412 APPENDIX workmen's COMPENSATION LAWS WASHINGTON. where statute violated. In case th.e recovery actually collected in such, suit stall equal or exceed the compensation to which the plaintiff therein would be entitled under this act, the plaintiff shall not be paid anything out of the accident fund; if the said amount shall be less than such compen- sation under this act, the accident fund shall contributethe amount of the deficiency. The person so entitled under the provisions of this section to sue shall have the choice (to be exercised before suit) of proceeding by suit or taking under this act. If such person shall take under this act, the cause of action against the employer shall be as- signed to the State for the benefit of the accident fund. In any suit brought upon such cause of action the defense of fellow servant and assumption of risk shall be inadmissible, and the doctrine of compara- tive negligence shall obtain. Any such cause of action assigned to the State may be prosecuted or compromised by the department in its discretion. Any compromise by the workman of any such suit, which would leave a deficiency to be made good out of the accident fund, may be made only with the written approval of the department. Compensation Sec. 9. If any workman shall be injured because of the absence of "^ any safeguard or protection required to be provided or maintained by, or pursuant to, any statute or ordinance, or any departmental regula- tion under any statute, or be, at the time of the injury, of less than the maximum age prescribed by law for the eniployment of a minor in the occupation in which he shall be engaged when injured, the em- ployer shall, within ten days after demand therefor by the depart- ment, pay into the accident fund, in addition to the same require by section 4 to be paid: (a) In case the consequent payment to the workman out of the accident fund be a lump sum, a sum equal to 50 per cent of that amount. (b) In case the consequent payment to the workman be payable in monthly payments, a sum equal to 50 per cent of the lump value of such monthly payment, estimated in accordance with the rule stated in section 7. The foregoing provisions of this act shall not apply to the employer if the absence of such guard or protection be due to the removal thereof by the injured workman himself or with his knowledge by any of hie fellow workmen, unless such removal be by order or direction of the employer or superintendent or foreman of the employer, or any one placed by the employer in control or direction of such workman. If the removal of such guard or protection be by the workman himself or with his consent by any of his fellow workmen, unless done by order or direction of the employer or the superintendent or foreman of the employer, or any one placed by the employer in control, or direction of such workman, the schedule of compensation provided in section 5 shall be reduced 10 per cent for the individual case of such workman, "f- Sec. 10. No money paid or payable under this act out of the accident fund shall, prior to issuance and delivery of the warrant therefor, he capable of being assigned, charged, nor ever be taken in execution or attached or gamisheed, nor shafl the same pass to any other person by operation of law. Any such assignment or charge shall be void. Sec. 11. No employer or workman shall exempt himself from the burden or waive the benefits of this act by any contract, agreemrait, rule or regulation, and any such contract, agreement, rule or regulation shall be pro tanto void. Sec. 12. (a) Where a workman is entitled to compensation imder this act he shall file with the department, his application for such, together with the certificate of the physician who attended him, and it shall be the duty of the physician to inform the injured workman of his rights under this act and to lend all necessary assistance in making this application for compensation and such proof or other matters as required by the rules of the department without charge to the workman. _ (b) Where death results from injury the parties entitled to compensa- tion under this act, or some one in their behalf, shall make application for same to the department, which application must be accompanied with proof of death and proof of relationship showing the parties'tobe entitled to compensation under this act, certificates of attending physician, if any, and such other proof as required by the rules of the department. Payments empt. Waivers. Applications. APPENDIX workmen's COMPENSATION LAWS — WASHINGTON. 413 (c) If change of circumstance warrants an increase or rearrangement of compensation, like application shall be made therefor. No increase or rearrangement shall be operative for any period prior to application therefor. (d) No application shall be valid or claim thereunder enforceable unless filed within one year after the day upon which the injury occurred or the right thereto accrued. Sec. 13. Any workman entitled to receive compensation under this Medical exaroi- act is required, if requested by the department, to submit himself for "^tio^s. medical examination at a time and from time to time at a place reason- ably convenient for the workman and as may be provided by the rules of the department. If the workman refuses to submit to any such examination, or obstructs the same, his rights to monthly payments shall be suspended until such examination has taken place," and no compensation shall be payable during or for account of such period. Sec. 14. Whenever any accident occurs to any workman it shall be Report of ao- the duty of the employer to at once report such accident and the injury oidents. resulting therefrom to the department, and also to any local repre- sentative of the department. Such report shall state :_ 1. The time, cause and nature of the accident and injuries, and the proisable duration of the injury resulting therefrom. 2. Whether the accident arose out of or in the course of the injured person's employment. 3. Any other matters the rules and regulations of the department may prescribe. Sec. 15. The books, records and pay rolls of the employer pertinent inspection ol to the administration of this act shall always be open to inspection by books, etc. the department or its traveling auditor, agent or assistant, for the pur- pose of ascertaining the correctness of the pay roll, the men employed, and such other information as may be necessary for the department and its management under this act. Refusal on the part of the employer to submit said books^ records and pay rolls for such inspection to any member of the commission, or any assistant presenting written authority from the commission, shall subject the offending employer to a penalty of one hundred dollars for each offense, to be collected by civil action in the name of the State and paid into the accident fund, and the indi- vidual who shall personally give such refusal shall be guilty of a mis- demeanor. Sec 16. Any employer who shall misrepresent to the department .Misrepresent a- the amount of pay roll upon which the premium under this act is based "^' shall be liable to the State in ten times the amount of the difference in premium paid and the amount the employer should have paid. The liability to the State under this section shall be enforced in a civil action m the name of the State. All sums collected under this section shall be paid into the accident fund. Sec. 17. Whenever the State, county or any municipal corporation Public works, shall engage in any extra hazardous work in which workmen are em- ployed for wages, this act shall be applicable thereto. The employer's payments into the accident fund shall be made from the treasury of the State, county or mimicipality. If said work is being done by contract, the pay roll of the contractor and the subcontractor shall be the basis of computation, and in the case of contract work consuming less than one year in performance the required' payment into the accident fund shall be based upon the total pay roll. The contractor and any subcontractor shall be subject'to the provisions of the act, and the State for its general fund, the county or municipal corporation shall be entitled to collect from the contractor the full amount payable to the accident fund, and the contractor, in turn shall be entitled to collect from the subcontractor his proportionate amount of the payment. The provisions of this sec- tion shall apply to all extra hazardous work done by contract, except that in private work the contractor shall be responsible, primarily and directly, to the accident fund for the proper percentage of the total pay roll of the work and the owner of the property affected by the contract shall be surety for such payments. Whenever and so long as, by State • law, city charter or municipal ordinance, provision is made for mimici- pal employees injured in the course of employment, such employees' shall not be entitled to the benefits of this act and shall not be includlsd in the pay roll of the municipality under this act. 414 APPENDIX workmen's COMPENSATION LAWS WASHINGTON. Interstate com- Sec. 18. The provisions of this act shall apply to employers and ™erce. -workmen engaged in intrastate and also in interstate or foreign com- merce, for whom a rule of liability or method of compensation has been or may be established by the Congress of the United States, only to the extent that their mutual connection with intrastate work may and shall be clearly separable and distinguishable from interstate or foreign commerce, except that any such employer and any of his workmen working only in this State may, with the approval of the department, and so far as not forbidden by any act of Congress, voluntarily accept the provisions of this act by filing written acceptances with the depart- ment. Such acceptances, when filed with and approved by the depart- ment, shall subject the acceptors irrevocably to the provisions of this act to all intents and purposes as if they had been originally included in its terms. Payment of premium shall be on the basis of the pay roll of the workmen who accept as aforesaid. Works not Sec. 19. Any employer and his employees engaged in works not extrahazardous. ^^^^^^ hazardous may, by their joint election, filed with the department, accept the provisions of this act, and such acceptances, when approved by the department, shall subject them irrevocably to the provisions of this act to all intents and purposes as if they had been originally included in its terms. Ninety per cent of the minimum rate specified in section 4 shall be applicable to such case until otherwise provided by law. Appeals. Sec. 20. Any employer, workman, beneficiary, or person feeling aggrieved at any decision of the department affecting his interests xmder this act may have the same reviewed by a proceeding for that purpose, in the nature of an appeal, initiated in the superior court of the county of his residence (except as otherwise provided in subdivision (1) of section numbered (5) in so far as such decision rests upon questions of fact, or of the proper application of the provisions of this act, it being the intent that matters resting in the discretion of the department shafl not be subject to review. The proceedings in every such appeal shall be informal and summary, but full opportimity to be heard shall be had before judgment is pronounced. No such appeal shall be enter- tained unless notice of appeal shall have been served by mail or person- ally upon some member of the commission within twenty days follow- ing the rendition of the decision appealed from and commimication thereof to the person affected thereby. No bond shall be required, except that an appeal by the employer from a decision of the depart- ment under section 9 shall be ineffectual unless, within five days follow- ing the service of notice thereof, a bond, with surety satisfactory to the court, shall be filed, conditioned to perform the judgment of the court. Except in the case last named an appeal shall not be a stay. The call- ing of a jury shall rest in the discretion of the court except that in cases arising under sections 9, 15 and 16 either party shall be, entitled to a jury trial upon demand. It shall be unlawful for any attorney engaged in any such appeal to charge or receive any fee therein in excess of a reasonable fee, to be fixed by the court in the case, and, ii the decision of the department shall be reversed or modified, such fee and the fees of medical and other witnesses and the costs shall be payable out of the administration fund, if the accident fund is affected by the litigation. In other respects the practice in civil cases shall apply. Appeal shall lie from the judgment of the superior court as in other civil cases. The attorney general shall be the legal adviser of the department and shall represent it in all proceedings, whenever so requested by any of the commissioners. In all court proceedings imder or pursuant to this act the decision of the department shall be prima facie correct, and the burden of proof shall be upon the party attacking the same. Industrial in- Sec. 21. The administration of this act is imposed upon a depart- ^nt"* *' ment, to be known as the industrial insurance department, to consist of three commissioners to be appointed by the governor. One of them shall hold office for the first two years, another for the first four years, and another for the first six years following the passage and approval of this act. Thereafter the term shall be six years. Each commissioner shall hold until his successor shall be appointed and shall have quali- fied . A decision of any question arising under this act concurred m by two of the commissioners shall be the decision of the department. The APPENDIX — ^workmen's COMPENSATION LAWS — WASHINGTON. 415 Regulations, etc. governor may at any time remove any commissioner from office in his discretion, but within ten days following any such removal the gov- ernor shall file in the office of the secret^ of state a statement of his reasons therefor. The commission shall select one of their members as chairman. The main office of the commission shall be at the State capitol, but branch offices may be established at other places in the State. Each member of the commission shall have power to issue sub- poenas requiring the attendance of witnesses and the production of books and documents. Sec. 22. The salary of each of the commissioners shall be thirty-six Salaries, hundred dollars per annum, and he shall be allowed his actual and necessary traveling and incidental expenses; and any assistant to the commissioners shall be paid for each full day's service rendered by him, his actual and necessary traveling expenses and such compen- sation as the commission may deem proper, not to exceed six dollars per day to an auditor, or five dollars per day to any other assistant. Sec. 23. The commissioners may appoint a sufficient number of Assistants, auditors and assistants to aid them in the administration of this act, at an expense not to exceed $5,000 per month. They may employ one or more physicians in each county for the purpose of official medical examinations, whose compensation shall be limited to five dollars for each examination and report therein. They may procure such record books as they may deem necessary for the record of the financial transactions and statistical data of the department, and the necessary documents, forms and blanks. They may establish and require all employers to install and maintain an uniform form of pay roll. Sec 24. The commission shall, in accordance with the provisions of this act: 1. Establish and promulgate rules governing the administration of this act. 2. Ascertain and establish the amounts to be paid into and out of the accident fund. 3. Regulate the proof of accident and extent thereof, the proof of death and the proof of relationship and the extent of dependency. 4. Supervise the medical, surgical and hospital treatment to the intent that same may be in all cases suitable and wholesome. 5. Issue proper receipts for moneys received, and certificates for benefits accrued and accruing. 6. Investigate the cause of all serious injuries and report to the gov- ernor from time to time any violations or laxity in performance of pro- tective statutes or regulations coming under the observation of the department. 7. Compile and preserve statistics showing the number of accidents occurring in the establishment or works of each employer, the liabili- ties and expenditures of the accident fund on account of, and the premium collected from the same, and hospital charges and expenses. 8. Make annual reports to the governor (one of them not more than sixty jnor less than thirty days prior to each regular session of the legis- lature) of the workings of the department, and showing the financial status and the outstanding obligations of the accident fund, and the statistics aforesaid. Sec. 25. Upon the appeal of any workman from any decision of the Medical board, department affecting ttie extent of his injuries or the progress of the same, the court may appoint not to exceed three physicians to examine the physical condition of the appellant, who shall make to the court their report thereon, and they may be interrogated before the court by or on behalf of the appellant in relation to the same. The fee of each shall be fixed by the court, but shall not exceed ten dollars per day each. Sec 26. Disbursements out of the funds shall be made only upon Disbursements, warrants drawn by the State auditor upon vouchers therefor trans- mitted to him by the department and audited by him. The State treasurer shall pay every warrant out of the fund upon which it is drawn. If, at any time, there shall not be sufficient money in the fund on which any such warrant shall have' been drawn wherewith to pay the same, the employer on account of whose workman it was that the warrant was drawn shall pay the same, and he shall be credited 416 APPENDIX workmen's COMPENSATION LAWS WASHINGTON. upon Ms next following contribution to such fund tlie amount so paid with interest thereon at the legal rate from the date of such payment to the date such next following contribution became payable, and if the amount of the credit shall exceed the amount of the contribution, he shall have a warrant upon the same fund for the excess, and if any such warrant shall not be so paid, it shall remain, nevertheless, pay- able out of the fund. The State treasurer shall to such extent as shall appear to him to be advisable keep the moneys of the unsegregated portion of the accident fund invested at interest m the class of securities provided by law for the investment of the permanent school fund. The State treasurer shall be liable on his official bond for the safe custody of the moneys and securities of the accident fund, but all the provisions of an act approved' February 21, 1907, entitled "An act to provide for State depositories and to regulate the deposits of State moneys therein," shall be applied to said moneys and the handling thereof by the State treasurer. Employers Sec. 27. If any employer shall be adjudicated to be outside the outside o( act. lawful scope of this act, the act shall not apply to him or his work- roanj or if any workman shall be adjudicated to be outside the lawful scope of this act because of remoteness of his work from the hazard of his employer's work, any such adjudication shall not im- pair the validity of this act in other respects, and in every such case an accounting in accordance with the justice of the case shall be had of moneys received. If the provisions of section 4 of this act for the creation of the accident fund, or the provisions of this act making the compensation to the workman provided in it exclusive of any other remedy on the part of the workman shall be held invalid the entire act shall be thereby invalidated except the provisions of section 31, and an accounting according to the justice of the case shall be had of moneys received. In other respects an adjudication of invalidity of any part of this act shall not affect the validity of the act as a whole' or any other part thereof. If law is de- Sec. 28. If the provisions of this act relative to compensation for tuUmal^what*^'' injuries to or death of workmen become invalid because of any adjudi- ' " cation, or be repealed, the. period intervening between the occurrence of an injury or death, not previously compensated for under this act by lump payment or completed monthly payments, and such repeal or the rendition of the final adjudication of the invalidity shall not be computed as a part of the time limited by law for the commencement of any action relating to such injury or death: Provided, That such action be commenced within one year after such repeal or adjudica- tion; but in any such action any sum paid out of the accident fund to the workman on account of injury, to whom the action is prosecuted, shall be taken into account or disposed of as follows: If the defendant employer shall have paid without delinquency into the accident fimd the payment provided by section 4, such sum shall be credited upon the recovery as payment thereon, otherwise the sums shall not be so credited but shall be deducted from the sum collected and be paid into the said fund from which they had been previously disbursed. Administration Sec. 29, There is hereby appropriated out of the State treasury the '"""■ sum of one hundred and fifty thousand dollars, or so much thereof as may be necessary, to be known as the administration fimd, out of which the salaries, traveling and office expenses of the department shall be paid, and also all other expenses of the administration of the accident. fund; and there is hereby appropriated out of the accident fund for the putpose to which, said fund is applicable the sum of $1,500,000, or so much thereof as shall be necessary for the purposes of this act. Existing laws. Sbc. 30. Nothing in this act contained shall repeal any existing law providing for the installation or maintenance of any device, means or method for the prevention of accidents in extrahazardous work or for a penalty or punishment for failure to install or maintain any such protective device, means or method, but sections 8, 9^ and 10 of the act approved March 6, 1905, entitled: "An act providing for the pro- tection and health of employees in factories, mills or workdiops, where machinery is used, and providing for suits to recover damage* sustained by the violation thereof, and prescribing a punishment for APPENDIX WOEKMEn's COMPENSATION LAWS WASHINGTON. 417 the violation thereof and repealing an act entitled, 'An act providing for the protection of employees in factories, mills, or workshops where machinery is used, and providing for the punishment of the violation thereof, approved March 6, 1903,'^ and repealing all other acts or parts of acts in conflict herewith," are hereby repealed, except as to any cause of action which shall have accrued thereunder prior to October 1, 1911. Sec. 31. If this act shall be hereafter repealed, all moneys which i' act repealed, are in the accident fund at the time of the repeal shall be subject to ''"**• such disposition as ma;^ be provided by the legislature, and in default of such legislative provision distribution thereof shall be in accordance with the justice of the matter, due regard being had to obligations of compensation incurred and existing. Sec. 32. This act shall not affect any action pending or cause of Act in effect, action existing on the 30th day of September, 1911. when. Approved by the governor March 14, 1911. WEST VIRGINIA. ACTS OF 1913. Chapter 10. — Compensation of workmen for injuries — State insurance fund. Section 1. The commission created by the act entitled, "An act to . Who to admin- create a public service commission and to Mesenbe its power and duties, ' etc.," passed on the twenty-fiist day of February, one thousand nine hundred and thirteen, which commission, for the purpose of this act, shall be a body politic and corporate under the name prescribed by said act, shall administer the workmen's compensation fund provided for in tliis act. The Baid commission, in the administration of said fund, shall be governed by the provisions of this act if there be conflict between the same and the provisions of said act creating said com- mission. Sec. 2. It is the intent of this act that the expenses of the administra- state to bear tion of said fund , including a proportionate share of the salaries or other ^^P^i^^s. compensation of the members of said commission, and employees thereof, whose services are connected both with the regulation of public utilities and the administration of said fund, and all other joint expenses, be paid by the State, so that the fund created as hereinafter provided shall be applied solely to the payment of the benefits provided for in this act; and all expenses peculiar to the administration of this act, including the premium to be paid for the bond of the State treasurer required under this act, and salaries or other compensation, traveling and other expenses, of all ofiicers or employees of the commission, whose services are devoted solely to the administration of this act, and all ex- penses for furniture, books, maps, stationery, appliances and property of all kinds acquired or used solely in connection with the administra/- tion of this act, shall be paid by the State; and a justly proportional part of the salaries or other compensation of the members of the com- mission and other ofiicers and employees thereof who are jointly em- ployed or used, and all expenses of such officers or employees, and all of the expenses for furniture, books, maps, stationery and appliances which are jointly employed or used, shallbe paid by the State; and no expenses herein provided to be paid by the State shall be paid out of or charged to the fund to be raised for the expenses of the commission as provided in said act of February twenty-one, one thousand nine hundred and thirteen, creating said public service commission. Sec. 3. The apportionment of salaries or other expenses of members Apportionment and other officers of the commission, employees thereof,' and other expenses hereinbefore mentioned, shall be made by the commission at the time of payment, and such apportionment shall be based upon the relative time spentin the service of, or in the relative use of the property or facilities devoted to, the two branches of the work of the commission, respectively. All payments shall be made by the State treasurer upon Payments. ord^r or voucher approved and signed by the chairman or acting 22566°— S. Doc. 336, 63-2 27 418 APPENDIX workmen's COMPENSATION LAWS WEST VIEGINIA. Quorum. Office. Employees. Bules. To whom act applies. chairman and secretary of the commission, directed to the auditor of the State, who shall draw his warrant therefor, and any such payment shall be charged to the fund provided by the said act of February twenty-one, one thousand nine hundred and thirteen, for the ad- ministration thereof, or to the appropriations which shall be made from time to time hereafter by the State for the administration of this act, or part to such fund and part to such appropriations as may be directed by the commission in each case. Sec. 4. The commission shall be in continuous session and open for the transaction of business during all the business hours of each and every day, excepting Sundays and legal holidays. AH sessions shall be open to the public, and shall stand and be adjourned without fiurther notice thereof on its record. All proceedii^s of the commisdon shall be shown on its record of proceedings, which shall be a public record, and shall contain a record of each case considered, and the award with respect thereto and of all salaries or other compensation paid or allowed to any employee of the commission or to any other person for services, and all voting shall be had by the calling of each member's name by the secretary, and each vote shall be recorded as cast. Sec. 5. A majority of the commission shall constitute a quorum for the transaction of busiaess, and a vacancy shall not impair the r^ht of the remaining members to exercise all the powers of the full commission, BO long as a majority remain. Any investigation, inquiries or hearings which the commission is authorized to hold, or undertake, may be held or undertaken by or before any one member of the commission, and every order made by a member thereof, when approved and confirmed by a majority of the members, and so shown on its record of proceedings, shall be deemed to be the order of the commission. Sec. 6. The commission shall keep and maintain its office at the seat of government, and shall provide a suitable room or rooms, necesssiry office furniture, supplies, books, periodicals, maps and other equip- ment. After due notice showing the time and place, the commission may hold hearings anywhere witniu the State. Sec. 7. The commission may employ a secretary, actuary, account- ants, inspectors, examiners, experts, clerks, stenographers and other assistants, and fix their compensation, which shall be paid out of the State treasury. The members of the commission, actuaries, account- ants, inspectors, examiners, experts, clerks, stenographers and other assistants that may be employed shall be entitled to receive from the State treasury their actual and necessary expenses while traveling on the business of the commission. Such expenses shall be itemized and sworn to by the person who incurred the expense, and allowed by the commission. Sec. 8. The commission shall adopt reasonable and proper rules to govern its procedure, regulate and provide for the kind and character of notices, and the service thereof, in cases of accident and injury to employees, the nature and extent of the proofs and evidence, and the method of taking and furnishing the same, to establish the rights to benefits or compensation from the fund hereinafter provided for, the forms of application of those claiming to be entitled to benefits or com- pensation therefrom, the method of making investigations, physical examinations and inspections, and prescribe the time within which adjudications and awards shall be made. Sec. 9. All persons, firms and corporations regularly employing other persons for profit, or for the purpose of carrying on any form of industry in the State of West Virginia, are employers within the meaning of this act, and are subject to its provisions. All persons in the service of employers, as herein defined, and employed by them for the purpose of carrying on the industries in which they are engaged (persons casually employed excepted) are employees within the meaning of this act, and subject to the provisions thereof: Provided, That this act shall not apply to employers of employees in domestic or agricultural service, to em- ployees of any employer who are employed wholly without the State, nor shall amemberof a firm of employers, or any officer of a corporation employer, including managers, superintendents and assistant managers and assistant superintendents be deemed an employee within the mean- ing of this act. APPENDIX — WOBKMEN S COMPENSATION LAWS — WEST VIEGINIA. 419 Fees. Sec. 10. Every employer shall furnish the commission, upon request, Duty of em- all informatira required by it to carry out the purposes of this act. P'oy^i^s. The commission or any member thereof, or any person employed by the conmiission for that purpose, shall have the right to examine under oath any employer or officer, agent or employee thereof. Sec. 11. Within thirty days from the organization of the commission, information every employer subject to this act shall notify the commission of such from employers. fact._ The commission shall prepare blank reports for the use of, and furnish the same to employers subject to this act, and every employer receiving from the commission any blank or blanks with direction for filling out and returning the same, shall return the same filled out so as to answer fully and correctly all pertinent questions therein propounded and if unable to do so, shall give good and sufficient reasons for such failure. Answers to such questions shall be verified under oath and returned- to the commission within the period fixed by the commission for such return. Sec. 12. Each member of the board, the secretary and every inspector Powers of or examiner appointed by the board shall, for the purposes contem- board, plated by this act, have power to administer oaths, certify to official acts, take depositions, issue subpoenas and compel the attendance of witnesses and the production of pertinent books, accounts, papers, records, documents and testimony. Sec. 13. In case of failure, or refusal of any person to comply with Contempt pro- the order of the commission, or subpcena issued by it or one of its ^ inspectors, or examiners, or on the refusal of a witness to testify to any matter regarding which he may be lawfully interrogated, or refuse to permit an inspection as aforesaid, the circuit judge of the county in which the person resides, on application of any member of the commission, oi any inspector or examiner appointed by it, shall com- pel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court on a refusal to testify therein. Sec. 14. Each officer who serves such subpoena shall receive the same fees as a sheriff, and each witness who appears, in obedience to a subpoena, before the commission or an inspector or an examiner, shall receive for his attendance the fees and mileage provided for witnesses in civil cases in the circuit court, which shall be audited and paid from the State treasury in the same manner as other ex- penses are audited and paid, upon the presentation of proper vouchers approved by any two members of the commission. No witness sub- poenaed at the instance of a party other than the commission, or an inspector, shall be entitled to compensation from the State treasury unless the commission shall certify that his testimony was material to the matter investigated. Sec. 15. In an investigation, the commission may cause deposi- Depositions, tions of witnesses residing within or without the State to be taken in the manner prescribed by law for Uke depositions as provided for transcripts in the circuit court. Sec 16. A transcribed copy of the evidence and proceedings, or any specific part thereof, on any investigation, taken by a stenog- rapher appointed by the commission, being certified and sworn to by such stenographer to be a true and correct transcript of the testi- mony in the investigation, or of a particular witness, or of a specific part thereof, or to be a correct transcript of the proceedings had on such investigation so purporting to be taken and subscribed, may be received m evidence by the commission with the same effect aa if such stenographer were present and testified -to the facts certified. A copy of such transcript shall be furnished on demand to any party upon payment of the fee therefor, aa provided for transcripts in the Sec. 17. The commission shall prepare and furnish free of cost blank forms, and provide in its rules for their distribution so that the same may be readily available, of applications for benefits for compensation from the workmen's compensation fund, notices to em- ployers, proofs of injury or death, of medical attendance, of employ- ment and wage earnings, and such other blanks as may be deemed proper and advisable, and it shall be the duty of employers to con- stantly keep on hand a sufficient supply of such blanks. Evidence. Forms. 420 APPENDIX workmen's COMPENSATION LAWS WEST VIRGINIA. Classes of in- Sbc. 18. For the purposes of tids act the following classification of the dustries. industries subject thereto is adojjted: (1) Coal mines, including theii tipples, power, light, heating and ventilating plants, tramways, private tracks and sidings, and accessory and auxiliary plants working in or with by-products. (2) Paint manufactories, oil refineries, oil and gas wells, includ- ing their pipe lines, storage, power or light plants, tramways, private tracks and sidings, and accessory and auxihary plants workmg in or with by-products. (3) Iron and steel mills, including blast furnaces, smelters, tube works, rolling mills, and their accessory and auxiliary plants, work- ing in or with by-products, and plants generating power, light or heat and tramways, private tracks and sidings. (4) Sheet and tin plate mills, including their accessory and aux- iliary plants working in or with by-products, and plants generating power, light or heat, and tramways, private tracks or sidings. (5) Foundries, machine shops, fire-arms factories, tool factories, car building and repairing, structural iron works, and working in or with iron or steel, not otherwise specified, where power-driven ma- chinery is used, together with their accessory and auxiliary plants working in or with by-products, and plants generating power, light or heat, and tramways, private tracks and sidings. (6) Stamped metal works, can factories, enamel iron works, and working in or with sheetiron or tin plate, not otherwise specified, where power-driven machinery is used, together with their accessory and auxiliary plants working m or with by-products, and plants gen- erating power, light or heat, and tramways, private tracks and sidings. (7) Logging, logging railroads and tramways, sawmills, including their accessory and auxiliary plants working in or with by-products, and plants generating power, light or heat, and tramways, private tracks and sidings. (8) Planing mills, wood pulp, cordage and paper mills, box factories, cooperage plants, furniture factories, woodenware or wood fiber ware manufactories, vehicle works of every kind, including their accessory and auxiliary plants working in or with by-products, and plants gen- erating power, light or heat, andtramways, private tracks and sidings. (9) Glass houses of all kinds, including manufactories of tableware, bar goods, bottles, tumblers, lamps, glass light fixture parts, lamps, window and plate glass, potteries of all kinds, including tUe, brick, terra cotta, fire clay, earthenware, porcelain, china and crockery ware using automatic machinery, together with accessory and auxiliary plants working in or with by-products, and plants generating light or heat, and tramways, private tracks and sidings. (9-a) Glass houses of all kinds, including manufactories of tableware, bar goods, bottles, tumblers, lamps, glass light fixture parte, lamps, window and plate glass, potteries of all kinds, including tile, brick, terra cotta, fire clay, earthenware, porcelain, china and crockery ware not using automatic machinery, together with accessory and auxiliary Slants working in or with by-products, and plants generating- power, ght or heat, and tramways, wivate tracks and sidings. (10) Printing plants of all kinds, electrotyping, photo-engraving, en- graving, lithographing, embossing, book binding, and accessory and auxiliary lines of work and manufacture. (11) Woolen mills, knitting mills, cotton mills, carpet and rug mills, clothmg manufactories of every kind and working in or with textiles not otherwise specified. (12) Breweries, bottling works, canneries of fruits, vegetables, oils, fish, milk or meat, manufactories of preserves, jellies, ketchup, sauces, relishes, pickles, flour and feed mills, bakeries, confectioneries, drug and extract manufactories, tobacco, cigar and stogie and cigarette manufactories, in which power-driven machinery is used. (13) Slaughter and packing houses, stock yards, soap, tallow, lard and grease manufactories, tanneries, artificial ice, and refrigerating and cold storage plants, creameries, and carbon-black factories, in which power-driven machinery is used. (14) Steam laundries, dyeing and cleaning plants, stamping, em- bossing and working with leaOier, shoe and harness manufactories. APPENDIX — workmen's COMPENSATION LAWS — WEST VIRGINIA. 421 mattress and bedding factories, upholstering factories, manufacturers of rubber goods, and auxiliary and accessory lines of work and manu- facture not otherwise specified. (15) Steam and other railroads and transportation systems not other- wise specified. (16) Street and interurban railways, whether propelled by electric- ity or other power. (17) Telegraph and telephone plants and systems, electric light and power plants and systems, steam heat and power plants and systems, waterworks systems, gas works and systems, grain elevators, and all lighting, heating or power systems not otherwise specified. (18) Quarries, stone crushers, gravel pits, mines, other than coal mines, and working with asphalt, cement, stone or other bxiilding ma- terial not otherwise specified, power-propelled ferries, sand diggers and other water craft. (19) Such works, occupations and manufactories specified in the foregoing eighteen classifications as are operated without power-driven machinery. (20) Match factories, powdermills, fibreworks factories, and works in which articles of an explosive nature are mixed or manufactured. (21) Construction of tuimels, shafts, bridges, trestles, steeples, towers, grain elevators, tanks, water towers, windmills, subaqueous works, iron or steel frame structures, or parts of structures, blast furnaces, smoke stacks, cupolas or chimneys more than fiity feet high, water- works and systems, electric lights and power plants and systems, gas works and systems, installation of steam boilers, engines and dynamos, steam railroads, logging railroads, street railwajrs and systems, boat building with scaffolds, floating docks, engineering works, structural work on buildings over three stories in height, not otherwise specified, and drilling of wells. (22) Construction and installation of sewers, fire escapes, freight or passenger elevators, advertising signs, ornamental metal work on or in buildings, metal ceilings, plate or window glass, electrical wiring, stairways, buildings which require galvanized iron or tin work, marble, stone or brick work, roof work, slate work, plumbing work, carpenter work, electric work, installing automatic sprinklers, electric or fire alarm systems, heating or ventilating systems, or machinery not other- wise specified, covering steam pipes and.boilers, road and street mak- ing, street or other grading, and structural work not otherwise specified. (23) Such works or occupations not specified in the foregoing classi- fications in connection with which employer and employees shall voluntarily apply to the commission for the benefit and protection of this act. And it shall be the duty of the commission to classify and place in one of the classes aforesaid any industries subject to this act not here- inbefore specifically mentioned. And the commission shall have the power on or before the first day of January of each year to reclassify the industries subject to this act or to create additional classifications with respect to their respective degrees of hazard and determine the risk of the different classes and fix the rates of premium for each class, according to the risks of the same, sufficiently large to provide an adequate fund for the compensation provided for in this act, and to create a surplus sufficiently large to guarantee a workmen's compensa- tion fund from year to year. The classification so determined and the rates of premium established shall be aippUcable for such year: Pro- vided, That the rate so fixed shall not exceed the maximum of one dollar on each one hundred dollars of the gross annual pay roll of each employer in any class: Provided, also, That for the purpose of this act the pay of any employee employed partly within and partly without this Steite shall be deemed to be such proportion of the totel pay of such employee as his service within this State bears to his service outside the same. A mine worker shall be deemed to be wholly em- ployed in the State in which the tipj)le or principal mine entrance of the mine in or about which he works is situate. The State shall pay the salaries of the members and employees of the commission, and other expenses of the administration of the work- men's compensation fund upon order or voucher approved and signed 422 APPENDIX — workmen's compensation laws — WEST VIEGINIA. Fund to be established. Custody. Bond. Effect of elec. tlon. Notice to be posted. Waivers. Act in effect, when. Basis. Contributions by employers and employees. by the chairman and secretary of the commission, directed to the auditor of the State, who shall draw his warrant therefor. Seo. 19. The commission shaU establish a workmen's compensation fund from premiums paid thereto by employers and employees as herein provided, for the benefit of employees of employers that have paid the premiums applicable to the classes to which they belong and for the benefit of the dependenfa of such employees, ana shall adopt rules and regulations with respect to the collection, maintenance and disbursement of said fund, not m conflict with the provisions of this act. Sec. 20. The treasurer of the State shall be the custodian of the workmen's compensation fund, and all disbursements therefrom shall be paid by him upon order or voucher, approved and signed by the chairman and secretary of the commission, and directed to the auditor of the State, who shall draw his warrant therefor. Sec. 21. "The treasurer of the State shall give a separate and ad- ditional bond, in such amount as may be fixed by the governor, and with sureties to be approved by him, conditioned for the faithful per- formance of his duties as custodian of the workmen's compensation fund herein provided for. Sec. 22. Ajiy employer subject to this act who shall elect to pay into the workmen's compensation fund the premiums provided by thia act, shall not be liable to respond in damages at common law or by statute for the injury or death of any employee, however occurring, after such election and duririg any period in which such employer shall not be in default in the payment of such premiums: Proviaed, The injured employee has remained in his service with notice that his employer has elected to pay into the workmen's compensation fund the premiums provided by this act. The continuation in the service of such employer with such notice shall be deemed a waiver by the employee of his right of action as aforesaid. ■ Sec. 23. Each employer electing to pay the premiums provided by this act into the workmen's compensation fund shall post in con- spicuous places about his place or places of business typewritten or printed notices stating the fact that he has made such election, and the same when so posted shall constitute sufficient notice to all his employees of the fact that he has made such election. No employer or employee shall exempt himself from the burden or waive the benefits of this act by any contract, agreement, nile or reg- ulation, and any such contract, agreement, rule or regulation shall be pro tanto void. Sec. 24. The application of this act as between employers and em- ployees shall date from and include the first day of October, one thou- sand nine hundred and thirteen; and for the purpose of creating such workmen's compensation fund each employer subject to this act shall pay into the State treasury the premiums of liability based upon and being such a percentage of the pay roU of such employer as may have been determined and published by the commission and be then ia effect. The premiums provided for in this act shall be paid by the employers to the treasurer of the State, and be contributed in the pro- portion of ninety per cent by the employers and ten per cent by the employees. The premiums shall be paid monthly on or before the twenty-fifth day of each month for the preceding month, and shall be the prescribed percentage of the total wages paid to aU employees sub- ject to the act for such preceding month. Each employer is authorized to deduct from the pay of his employees (excepting persons causually [casually] employed) , for any month, ten per cent of the premium paid or to be paid for sucn month in proportion to the pay received by them respectively for such month, the proper percentage to be deducted from each installment of pay, whether paid monthly or more frequently, the minimum deduction from the earnings of each employee for any month or part thereof for which settlement is made to be five cents. Each em- ployer shall give a receipt or statement to each employee showing the amount which has been deducted for the workmen's compensation fund, and shaU file with the commission, on making his next payment to the fund, a sworn statement showing what per cent of said premium herein provided to be paid by the employees (disregarding fractions of a cent) had been deducted, and that no more than ten per cent (subject to APPENDIX — WOEKMEN S COMPENSATION LAWS — WEST VIBGINIA. 423 the minimum requirement aforesaid) had been so deducted. The State treasurer shall issue his receipt for any sums paid him hereunder in duplicate, the original to be delivered to the person, &m or corpora- tion paying the same and the duplicate to be filed with the commis- sion: Provided, That in order to create a fund available upon the Advance pay- application, of this act as aforesaid, on October first, one thousand ^^°-^- nine hundred and thirteen, the payment for the months of October to December, one thousand nine hundred and thirteen^ inclusive, shall be made on or before October first, one thousand nine hundred and thirteen, and be preliminarily based upon the pay roll of the operations of the first four months of the year one thousand nine hundred and thirteen. If any employer be found to have overpaid for such three months he may deduct such overpayment from the first monthly pay- ments made to the fund; if any employer be found to have underpaid for such three months he shall pay the deficiency with the first monthly payment made by him after the end of said three months. Sec. 25. The commission shall disburse the workmen's compensation Disbursements, fund to such employees (within the meaning of this act) of employers as have paid into said fund the premiums for the month in which the injury occurs applicable to the classes to which they belong, as shall have received injuries in this State in the course of and resulting from their employment, or to the dependents, if any, of such employees in case death has ensued according to the provisions hereinafter made. Sec. 26. All employers subject to this act who shall not have elected . ^ ™ p 1 o y e r s to pay into the workmen's compensation fund the premiums provided "^"^^' ^"^n. by this act, or having so elected, shall be in default in the payment of same, shall be liable to their employees (within the meaning of this act) for damages suffered by reason of personal injuries sustained in the course of employment caused by the wrongful act, neglect or default of the employer, or any of the employer's officers, agents or employees, and also to the personal representatives of such employees where death results from such injuries, and in any action by any such employee or personal representative thereof such defendant shall not avail himself of the following common law defenses: The defense of the fellow-servant rule; the defense of the assumption Defenses of risk; or the defense of contributory negligence; and further shall abrogated, not avail himself of any defense that the negligence in question was that of some one whose duties are prescribed by statute. Sec. 27. The commission shall disburse and pay from the fund for Medical, etc., such injury to such employees as may be entitled thereto hereunder expenses, such amounts for medical, nurse and hospital services and medicines as it may deem proper, not, however, in any case to exceed the sum of one hundred and fifty dollars in addition to such award to such em- ployees, payment to be made to the employee, or to the persons who may have furnished the service and supplies, or to the persons who may have advanced payment for same, as to the commission shall deem proper: Provided, That in case any injured employee be entitled, under contract connected with his employment or otherwise, to hospital or medical service without further charge to him, no payment shall be made out of the workmen's compensation fund for hospital or medical service. Sec. 28. Notwithstanding anything hereinbefore or hereinafter con- .-W^'*^ ^?* **• tained, no employee or dependent of any employee shall be entitled to duct etc. °™°'"'" receive any sum from the workmen's compensation fund on account ' of any injury to or death of an employee caused by a self-inflicted injury, the willful misconduct or the intoxication of such employee. If injury or death result to an employee from the deliberate intention of his employer to produce such injury or death, the employee, the widow, widower, child or dependent of the employee shall have the privilege to take under this act, and also have cause of action against the employer as if this act had not been enacted, for any excess of damages over the amount received or receivable under this act. • Sec. 29. In case death ensues from the injury, reasonable funeral THineral ex- expenses, not to exceed seventy-five dollars, shall be paid from the P^"^^- fund to the personal representative of the employee, or to such other person as shall have advanced the same, in addition, to such award to the employee's dependents. 424 APPENDIX — workmen's compensation laws — WEST VIEGINIA. Waiting time. Sec. 30. No benefit shall be allowed for one week after tbe injury is received, except the disbursement provided for in sections twenty- seven and twenty -nine. Temporary or Sec. 31. In case of temporary or partial disability, the employee partial disability, gj^jj receive during the continuance thereof fifty per cent of the impair- ment of his earning capacity, not to exceed a maximum of eight dollars per week, nor to be lees than a minimum of four dollars per week, for not to exceed_ a period of twenty-six weeks: Provided, That if such partial disability consist of the loss of an arm or leg at or above the 'wrist in one case or the ankle in the other^ or the loss of an eye, the period for which compensation shall be paid may be, but shall not exceed, one hundred and fifty-six weeks. . •■''*v Tt"*"' '°**^ Sec. 32 . In case of permanent total disability the award shall be fifty aisabiiity. pgj, pgjj^ p£ ^g average weekly wage, and shall continue until the death of such person so totally disabled, but not to exceed a maximum of six dollars per week nor to be less than a minimum of three dollars per week. Death benefits. gBc. 33. In case the injury causes death within the period of ninety days, the benefits shall be in the amounts and to the persons following: (1) If there be no parent or dependentSj the disbursement from the workmen's compensation fund shall be limited to the expense provided for in sections twenty-seven and twenty-nine. (2) If the deceased employee be under the age of twenty-one and unmarried and leave a dependent father or mother, the father, or if there be no father, the mother shall be entitled to a payment of fifty per cent of the average weekly wage, not exceeding six dollars per week, to continue until the employee would have been twenty-one years of age. (3) Dependent, as used in this act, means a widow, invalid widower, child under the age at which he or she may be lawfully employed in any industry, invalid child over such age, father, mother, grandfather or grandmother, who at the time of the injury causing death is depend- ent in whole or in part for his or her support upon the earnings of the employee. (4) If the deceased employee leave a widow or invalid widower the payment shall be twenty dollars per month until the death or remar- riage of such widow or widower; and in addition five dollars per month for each child under the age at which he or she may be lawfully em- ployed in any industry, to be paid until such child reaches such age: Provided, That the total payment shall not exceed thirty-five dollars per month. (5) If the deceased employee be an adult and there be no widow, widower or child under the age at which he or she may be lawfully employed in any industry, but there are whoUydependent persons at the time of death, the payment shall (except in the case named in clause two of this section) be fifty per cent of the average monthly sup- port actually received from the employee dtiring the preceding twelve months, and to continue for the remainder of the period between the date of death and six years after the date of injury, and not to amount to more than a maximum of twenty dollars per month. (6) If there be no widow, widower, or child under the age at which he or she may be lawfully employed in any industry, or dependent persons, but there are partly dependent persons at the time of death, the payment shall be fifty per cent of tne_ average monthly support actually received from the employee during the preceding twelve months, aind_ to continue for such portion of the period of six years after the date of injury as the commission in case may determine, and not to amount to more than a maximum of twenty dollars per month. ^ay ™®g* o' Sec. 34. The benefits, in case of death, shall be paid to such one or ene . -^^^q dependents of the decedent, or to such other person, for the benefit of all the dependents, as may be determined by the commis- sion which may apportion the benefits among the dependents in such manner as it may deem just and eguitable. Payment to a dependent^ subsequent in right may be made if the commission deem proper, and^ shall operate to discharge all other claims therefor. Dlitrlbution. gj,,, 35 rpj^g dependent or person to whom benefits are paid shall apply the same to the use of the several beneficiaries thereof according to APPENDIX — WOEKMEn's COMPENSATION LAWS — WEST VIBGINIA. 425 their respective claims upon the decedent for support, in compliance with the finding and direction of the commission. Sec. 36. Notwithstanding anything herein contained, no sum shall Spouses living be paid to a widow or widower who shall have been living separate and ^p^"^*- apart from, or have been abandoned by the employee for twelve months next preceding the injury, and who shall not have been sup- ported by him or her during such time. But in the -event a chancery suit or other action be pending concerning the relations of said widow, or widower to said employee, then payment shall be made subject to the final adjudication of said suit or action. Sec. 37. The average weekly wage or earnings of the injured person Earnings as at the time of injury shall be taken as the basis upon which to compute '"'^'^• the benefits. The time of injury within the meaning of this act shall be such reasonable time prior to the injury as shall enable the com- mission to make a fair award, taking into consideration both the rate of wage or earning of such person prior to his entering the service in which he was injured. Sec. 38. Payments may be made in such periodical installments as installments, may seem best to the commission in each case. Notwithstanding any- thing herein contained, the commission may direct the repayment of and pay out of any installment any advances for necessaries that may have been made by any person pending the payment of such install- ment. Sec. 39. To entitle any employee or dependent of a deceased em- claims, ployee to <;ompensation under this act the application therefor must be made in due form within six months from and after the date of injury or death, as the case may be. No person shall be excluded as Nonresident a dependent by reason of being a nonresident alien, and nonresident ^™°^- aliens may be officially represented by the consular officers of the country of which such aliens may be citizens or subjects. Sec. 40. The power and jurisdiction of the commission over each Jurisdiction case shall be continuing, and it may from time to time make such <">"t™""ie- modification or change with respect to former findings or orders with respect thereto, as, in its opinion, may be justified. Sec. 41. The commission, under special circumstances, and when Lump sums, the same is deemed advisable, may commute periodical benefits to one or more lump sum payments. Sec. 42. Benefits before payment shall be exempt from all claims rayments ex- of creditors and from any attachment or execution and shall, be paid ®™P*- only to or for the use of such employees or their dependents as here- inbefore provided. Sec. 43. The commission shall have full power and authority to Decisions by hear and determine all questions within its jurisdiction, and its deci- <""ii™ission. sion thereon shall be final: Provided, however. In case the final action of said commission denies the right of the claimant to participate at all in such fund, on the ground that the injury was self-inflicted, or on the ground that the accident did not arise in the course of employ- ment, or upon any other ground going to the basis of the claimant's right, then the claimant may, within sixty days after notice of the final action of such commission, apply for an appeal to the supreme court Appeals. of appeals. The appellant shall file a petition before said supreme court of appeals against such commission as defendant, within said period of sixty days, and the commission shall be notified by the clerk of said court, forthwith, of the filing of such petition for appeal. And the commission shall, within ten days after the receipt of such proceedings before the commission, including the receipt of such notice, file with the clerk of said court the record of such proceedings before the commission, including a transcript of the evidence. The court, or any judge thereof, may thereupon decide whether an appeal shall be granted or not. If granted, the commission and the claimant or the claimant's attorney shall be notified of the fact by mail. If an appeal is granted the case shall be tried by said court in the same manner as other cases before it, save and except that neither the record nor briefs need be printed, and that every such appeal granted prior to thirty days before the beginning of any term shall be on the docket for such term, and such appeals shall have precedence over 426 APPENDIX — WOEKMEn's compensation laws — WEST VIBGINIA. other cases on such docket. The attorney general, without extra com- pensation, or other counsel, if the commission see fit to employ the same, shall represent the commission on such appeal. The supreme court, on such appeal, shall determine the right of the claimant and certify its decision to the commission, and, if it determines the right in his favor, the commission shall fix his compensation within the limits and under the rules prescribed in this act. The costs of such Eroceedings, including a reasonable attorney's fee, not exceeding one undred dollars, to the claimant's attorney, to be fixed by the court, shall be taxed against the unsuccessful party. No fees, expenses or costs shall be paid out of any compensation awarded. Procedure. Sec. 44. Such commission shall not be bound by the usual common law or statutory rules of evidence, or by any technical or formal rules of procedure, other than herein provided, but may make the investi- gation in such manner as in its judgment is best calculated to ascertain the substantial rights of the parties and to carry out justly and liberally the spirit of this act. Expenditures. gEc. 45. The commission may make necessary expenditures to ob- tain statistical and other information to establish the classes provided for in section eighteen. Annualreports. Sec. 46. Annually on or about the fifteenth day of September in each year, such commission, under the oath of at least two of its mem- bers, shall make a report as of the thirtieth day of June, to the gover- nor, which shall include a statement of the number of awards made by it, a general statement of the causes of the accidents leading to the injuries for which the awards were made; a detailed statement of all disbursements, and the condition of its fund, together with any other matters which such commission deems it proper to call to the atten- tion of the governor, including any recommendations it may have to make, and the commission whenever required by the governor shall report to him as to any designated subject or matter, and furnish such information as may be required. Suits by com- gEc. 47. The commission may sue in the circuit court of Kanawha mission. county in its own name for any premiums owing from any employer for any part of the period intervening between notice given by sudi employer as hereinbefore provided of his election to pay into the fund the premiums provided by this act, and notice similarly given of the election of such employer to discontinue the payment of su«i premium, and such employer shall be liable in any action so brought for such premium and interest thereon with costs. Warrants tor gEc. 48. The auditor shall issue his warrant for any disbursement IS ursemen . j^ereunder oidy when approved in writing by the chajiman or acting chairman and secretary of the commission, and the chairman or acting chairman and secretary shall not issue any such approval unIe8^ author- ized by the commission by an order entered of record. Whenever it shall appear that the chairman will be absent or unable to act at seBsions of the commission for one week or more, another member of the com- mission may be designated by the comnussion as acting chairman dur- ing the absence or inability to act of the chairman, and during such period shall have all the duties and powers of the chairman. Dort ''™* *° "^^ ^^^' ^^' ^^^ person, firm or corporation, knowingly failing to make any report or perform any duty required by the commission within the time specified, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than twenty-five hun- dred dollars. Any person, or firm, or the officer of any corporation, who knowingly makes a false report or statement under oath, or affi- davit respecting any information required by the commission, or who shall knowingly testify falsely in any proceeding before the commis- sion, shall be deemed guilty of perjury and upon conviction thereof shall be punished as provided by law. compensation " ' ^^°" ^^- "^^^ person who shall knowingly secure or attempt to secure larger compensation, or compensation for a loiter term than he is en- titled to, from said workman s compensation fund, or knowingly secure or attempt to secure compensation from said fund when he is not enti- tled to any, shall be deemed guilty of a misdemeanor and upon convic- tion thereof shall be fined not exceeding five hundred dollars or impris- APPENDIX— workmen's COMPENSATIOK LAWS — WEST VIRGINIA. 427 oned not exceeding twelve months, or both, in the discretion of the court, and shall, from and after such conviction, cease to receive any compensation from such fund. Sec. 51. Whenever and as often as there shall be ia the hands of the Investment of treasurer any sum belonging to the workmen's compensation fund not ™''"^- likely, in the opinion of the commission, to be required for immediate use, it shall be the duty of the board of public works, when called upon by the commission, to loan such sum or to invest the same in interest- bearing securities, and when and as it may become necessary or expe- dient to use the moneys so loaned or invested the board of public works shall, when called upon by the commission, collect or sell or otherwise realize upon any such loan or investment, and any interest accruing upon any such loan or investment, as well as any interest received upon the deposit of moneys belonging to said fund, shall be credited to said fund. Sec. 52. The provisions of this act shall apply to employers and em- Employees of ployees engaged in intrastate and also in interstate or foreign commerce '^"ro^ds, etc. for whom a rule of liability or method of compensation has been or may be established by the Congress of the United States only to the extent that their mutual connection with intrastate work may and shall be clearly separable and distinguishable from interstate or foreign com- merce, except that any such employer and any of his employees work- ing only in tliis State may with the approval of the commission, and so far as not forbidden by any act of Congress, voluntarily accept the pro- visions of this act by filing written acceptances with the commission, and such acceptances, when filed with and approved by the commis- sion, shall subject the acceptors irrevocably to the provisions of the act to all intents and purposes as if they had been originally included in its terms. Payments of premium shall be on the bads of the pay roll of the employees who accept as aforesaid. Sec. 53. If any employer shall be adjudicated to be outside the law- Persons outside ful scope of this act, tne act shall not apply to him or his employee; or *"'■ if any employee shall be adjudicated to be outside the lawful scope of this act, because of remoteness of his work from the hazard of his em- ployer's work, any such adjudication shall not impair the validity of this act in other respects, and in every such case an accounting in ac- cordance with the justice of the case shall be had of moneys received. If the provisions of this act for the creation of the fund , or the provisions of this act making the compensation to the employee provided in it exclusive of any other remedy on the part of the employee shall be held invalid, the entire act shall be thereby invaUdated and an accountii^ Invalidity of according to the justice of the case shall be had of money received. In ^*- other respects an adjudication of invalidity of any part of this act shall not affect the validity of the act as a whole or part thereof. Sec. 54. If deemed best by it the commission may insure in any Eeinsurance. liability insurance company, or companies, authorized to do business in West Virginia, all or any part or class of, or one or more individual risks of, the liabilities of the workmen's compensation fund for any year or series of years, and apply so much as may be necessary of the premiums collected for such year or years toward the payment of the premiums for such insurance. Sec. 55. If the provisions of this act relating to compensation for Repeal or in- injuries to, or death of workmen shall be repealed or adjudged invalid ^'ifi'ty <>' act. or unconstitutional, the period intervening between the occurrence of any injury or death and such appeal, or the final adjudication of inva- lidity or unconstitutionality, shall not be computed as a part of the time limited by law for the commencement of any action relating to such injuries or death, but the amount of any compensation which may have been paid on account of such injury or death, shall be deducted from any judgment for damages recovered on account of such injury or death. Sec. §6. All acts and parts of acts in conflict with this act are hereby Repealed, repealed. Approved February 22, 1913. created. D i s q u a 1 i f ficatlons. 428 APPENDIX workmen's compensation laws WEST VIRGINIA. [The pertinent portions of the act creating a public service commis- sion, referred to in section 1 above, are as follows:] Chaptek 9. — Public service commission — Administration of worhmen's compensation law. Commission Section 1. A commission is hereby created by the name of Public Service Commission, which shall be composed of four members, who shall be appointed by the governor, by and with the advice and con- sent of the senate. The first commiBsioners shall be appointed in the month of May, 1913, and shall continue in office for the term of two, four, six, and eight years, respectively, from the first day of May, 1913, the term of each to be designated by the governor; but their successors shall be appointed for the term of eight years each, except that any person appointed to fill a vacancy shall serve only for the unexpired term of the commissioner whom he succeeds. Any commissioner may be removed by the governor for incompetency, neglectof duty, gross immorality or malfeasance in office, after giving him notice and a copy of the charges and the right to be heard in an investigation of the truth thereof. A record of the proceedings, including the evidence, shall be kept. Not more than two shall belong to the same political party. One member shall be a lawyer of not less than ten years actual expe- rience at the bar. The commission shall organize by electing one of its members chairman. The concurring judgment of three of the com- missioners shall be deemed the action of the commission. The attor- ney general shall perform all legal services required by the commission under the provisions of this act. No person while in the employ of or holding anjr official relation to any public service corporation subject to the provision of this act, or holding any stock or bonds thereof, or who is pecuniarily interested therein, shall enter upon the duties of or hold said office. Nor shall any of said commissioners be a candidate for or hold any public office, or be a member of any political committee while acting as such com- missioner; nor shall any commissioner or employee of said commission receive any pass, free transportation or other thing of value, either directly or indirectly, from any person, firm or corporation subject to the provisions of this act; and in case any of said commissioners shall become a candidate for any other public office, or shall become a member of any political committee, his office as cojnmissioner shall be ipso facto vacated. The commission is hereby empowered and directed to employ a sec- retary, who shall hold that position at the pleasure of the commission, and such other employees as may be necessary to carry out the purpose of this act. The secretary and all other employees shall perform such duties as may be prescribed by the commission, not inconsistent with law. The compensation of the secretary and all other employees shall be fixed by the commission at such sum as their services are reasonably worth. The actual expenses necessarily incurred by the commissioners and employees while absent from the general office of the commission and engaged about the business of the commission, shall be j)aid as other claims against the State are paid, out of any appropriation for such purpose, upon an itemized statement thereof rendered montMy by the secretary, under his oath, and approved by the commission. Each of the commissioners shall receive a salary of six thousand dollars per annum, to be paid monthly. The general office shall be kept at the capitol of the State, and kept open each working day between the hours of nine o'clock a. m., and five o'clock p. m., and in charge of the secretary or some other competent person. But hear- ings and the taking of evidence may be had at such times and places and in each particular case as the commission may designate. Sec. 2. The commission shall prescribe the rules of procedure and for taking evidence in all matters that may come before it, and enter such final orders as may be just and lawful. In the investigations, preparations and hearings of cases, the com- mission may not be bound by the strict technical rules of pleading and evidence, but in that behalf it may exercise such discretion as will Employees. Expenses. Office. Procedure. APPENDIX — WORKMEN 's COMPENSATION LAWS — WEST VIEGINIA. 429 facilitate their efforts to understand and learn all the facts bearing upon the right and justice of the matters before them. Sec. 3. * * * The commission shall also perform such duties as may be Duties as to imposed upon it by law in connection with any workmen's compensa- pe^Sfon'^ *"""' tion law or fund which may be passed or established. Approved February 22, 1913. WISCONSIN. ACTS OF 1913. Chapter 599. — Liability of employers for injuries — Worhmen's compensation. Section 1. Sections 2394-1 to 2394-31, inclusive, of the statutes are amended to read: Section 2394^1. 1. In any action to recover damages for a personal D e f e n s ea injury sustained within this State by an employee while engaged in ^''°i'shed. the line of his duty as such, or for death resulting from personal injury so SI' stained, in which recovery is sought upon the ground of want of ordinary care of the employer, or of any officer, agent, or servant of the employer, it shall not be a defense — (1) That the employee either expressly or impliedly assumed the risk of the hazard complained of. (2) When such employer has at the time of the accident in a common employment four or more employees, that the injury or death was caused in whole or in part by the want of ordinary care of a fellow servant. (3) When such employer has at the time of the accident, in a com- mon employment four or more employees, that the injury or death was caused in whole or in part by the want of ordinary care of the injured employee, where such want of ordinary care was not willful. 2. Any employer who has elected to pay compensation as herein- Who exempt, after provided shall not be subject to the provisions of this section 2394-1. Sec. 2394-2. No contract, rule, or regulation, shall exempt the em- Waivers, ployer from any of the provisions of section 2394-1. Sec. 2394-3. Liability for the compensation hereinafter provided Compensation for, in lieu of any other liability whatsoever, shall exist against an em- P*y^^i®i when, ployer for any personal injury accidentally sustained by his employee, and for his death, in those cases where the following conditions of com- pensation concur: (1) Where, at the time of the accident, both the employer and em- ploy^ee are subject to the provisions of sections 2394r-3 to 2394r-31, in- clusive. (2) Where, at the time of the accident, the employee is performing service growing out of and incidental to his employment. Every employee going to and from his employment in the ordinary and usual wajr, while on the premises of his employer, shall be deemed to be performing service growing out of and incidental to his employ- ment. (3) Where the injury is proximately caused by accident, and is not intentionally self-inflicted. And where such conditions of compensation exist for any personal injury or death, the right to the recovery of such compensation pur- suant to the provisions of sections 2394-3 to 2394-31, inclusive, and acta amendatory thereof, shall be the exclusive remedy against the employer for such injury or death; in all other cases, the liability of the employer shall be the same as if this and the succeeding sections of sections 2394-3 to 2394-31, inclusive, had not been passed, but shall be subject to the provisions of sections 2394^-1 to 2394-2. 430 APPENDIX- — workmen's COMPENSATION LAWS WISCONSIN. Who are em- Sec. 2394-4. The following shall constitute employers subject to the pioyera. provisions of sections 2394r-3 to 2394-31, inclusive, within the meaning of section 2394r-3: (1) The State, and each county, city, town, village, and school dis- trict therein. (2) Every person^ firm, and private corporation (iacludiag any pub- lic service corporation), who has any person in service under any con- tract of hire, express or implied, oral or written, and who, at or prior to the time of the accident to the employee for which compensation under sections 2394-3 to 2394-31, inclusive, may be claimed, shall, in the manner provided in section 2394^5, have elected to become subject to the provisions of sections 2394^3 to 2394-31, inclusive, and who shall not, prior to such accident, have effected a withdrawal of such elec- tion , in the manner provided in subsection 1 of section 2394r-5. Election made, Sec. 2394-5. 1. Such election on the part of the employer shall be '">^' made by filing with the industrial commission, a written statement to the effect that he accepts the provisions of sections 2394-3 to 2394-31, inclusive, the filing of which statement shall operate, within the mean- ing of section 2394^, to subject such employer to the provisions of sec- tions 2394-3 to 2394-31, inclusive, for the term of one year from Ihe date of filing such statement, and thereafter without further act on his part, for successive terms of one year each, unless such employer shall at least sixty days prior to the expiration of such first or any suc- ceeding year, file in the office of said commission a notice in writing to the effect that he desires to withdraw his election to be subject to the provisions of sections 2394-3 to 2394-31 , inclusive. Presumptionas 2. On and after September 1, 1913, every employer of four or more to certam em- employees in a common employment shall be deemed to have elected '' "^ '^^' to accept the provisions of sections 2394-3 to 2394-31, inclusive, unless prior to that date such employer shall have filed with the industrial commission a notice in writing to the effect that he elects not to accept the provisions hereof: Promaed, That any employer commencing business subsequent to September 1, 1913, may make his election not to become subject to sections 2394-3 to 2394-31, inclusive, at any time prior to becoming an employer of four or more employees in a common employment. Such employer may withdraw from the provisions of sections 2394-3 to 2394-31, inclusive, at the expiration of one year or at the expiration of any succeeding year in the manner provided in sub- section 1 of section 2394-5. Contractors' Sec. 2394-6. An employer subject to the provisions of sections employees. 2394r-3 to 2394-31, inclusive, shall be liable for compensation to an employee of a contractor or subcontractor under him who is not subject to sections 2394-3 to 2394-31, inclusive, and has not complied with the conditions of subsection 2 of section 2394-24 in anycase where such employer would have been liable for compensation if such employee had been working directly for such employer. The contractor or sub- contractor shall also be liable for such compensation, but the employee shall not recover compensation for the same injury from more than one party. The employer who shall become liable for and pay such com- pensation may recover the same from such contractor or subcontractor for whom the employee was working at the time of the accident. Section 2394-6 shall be in force as to all contracts made subsequent to August 31, 1913. Who are em- Sec. 2394-7 (as amended by Chapter 707, Acts of 1913). The term pioyees. "employee" as used in sections 2394^1 to 2394-81, inclusive, shall be construed to mean — (1) Every person in the service of the State, or of any county, city, town, village, or school district therein under any appointment, or contract of hire, express or implied, oral or written, except any oflScial of the State, or of any county, city, town, village, or school district therein. The State and any county or municipality may require a bond from a contractor to protect the State, county or municipality against compensation to employees of such contractor or employees of a subcontractor under him. Nothing herein contained shall be construed to prevent municipal- ities from paying policemen, firemen and other employees full salaries during disability, nor to interfere in any manner with any pension APPENDIX — workmen's COMPENSATION LAWS — WISCONSIN. 431 funds now or hereafter established, nor to prevent payment to police- men or firemen therefrom. Policemen and firemen shall be deemed employees within the meaniQg of subdivision (1) of section 2394r-7: Provided, That any policeman or fireman claiming compensation under sections 2394r-3 to 2394-31,_ inclusive, shall have deducted from such compensation any sum which such policemen or fireman may receive from any pension or other benefit fund to which the municipality may contribute. (2) Every person in the service of another under any contract of hire, express or implied, oral or written, including aliens, and also including minors who are legally permitted to work under the laws of the State (who, for the purposes of section 2394-8, shall be considered the same and shall have the same power of contracting as adult employees), but not including any person whose employment is but casual or is not in the usual course of the trade, business, profession, or occupation of his employer. Sec. 2894-8. Any employee as defined in subdivision (1) of section Presumption as 2394-7 shall be subject to the provisions of sections 2394r-3 to 2394-31, *" ^^Vi-oj^. inclusive. Any employee as defined in subdivision (2) of section 2394r-7 shall be deemed to have accepted and shall, within the meaning of section 2394r-3, be subject to the provisions of sections 2394-3 to 2394-31, inclusive, if, at the time of the accident upon which liability is claimed — (1) The employer charged with such liability is subject to the pro- visions of sections 2394r-3 to 2394r-31, incluisve, whether the employee has actual notice thereof or not; and (2) Such employee shall not, at the time of entering into his contract of hire, express or implied, with such employer. Save given to his employer notice in writing that he elects not to be subject to the pro- visions of sections 2394-3 to 2394r-31 , inclusive ; or, in the event that such contract of hire was made in advance of such employer becoming sub- ject to the provisions of sections 2394-3 to 2394-31, inclusive, such employee shall have given to his employer notice in writing that he elects to be subject to such provisions, or without giving either of such notices, shall have remained in the service of such employer for thirty days after the employer has filed with said commission an election to be subject to the terms of sections 2394-3 to 2394^31, inclusive, or when such employer has become subject to sections 2394r-3 to 2394-31, in- clusive, pursuant to subsection 2 of section 2394-5. (3) The provisions of sections 2394-3 to 2394-31, inclusive, shall not RaUioads apply to employees operating, running or riding upon, or switching freight or other trains, engines or cars for a railroad company operating a steam railroad as a common carrier, unless both employer and em- ployee shall specifically, in writing, have voluntarily accepted the provisions of said sections, and have filed notice thereof with the indus- trial commission, and shall not apply to employees of such common carriers injiu'ed or killed while the common carrier and the employee are engaged in interstate commerce. Sec. 2394-9. Where liability for compensation under sections 2394-3 Compensation, to 2394-31, inclusive, exists, the same shall be as provided in the fol- lowing schedule: (1) Such medical, surgical and hospital treatment, medicines, medi- Medical, etc., cal and surgical supplies, crutches, and apparatus, as may be reason- =^'^^'<'^- ably required at the time of the injury and thereafter during the disa- bility,, but not exceeding ninety days, to cure and relieve from the effects of the injury, the same to be provided by the employer; and in case of his neglect or refusal seasonal)ly to do so, the employer to be liable for the reasonable expense incurred by or on behalf of the em- ployee in providing the same. (2) If the accident causes disability, an indemnity which shall be Waiting time, payable as wages on the eighth day aJEter the injured employee leaves work as the result of the injury, and weekly thereafter, which weekly indemnity shall be as follows: (a) If the accident causes total disability, sixty-five per cent of the Total disability, average weekly earnings during the period of such total disability: Provided, That, if the disability is such as not only to render the in- jured employee entirely incapable of work, but also so helpless as to 432 APPENDIX — workmen's compensation laws — WISCONSIN. require the assistance of a nurse, the weekly indemnity during the period of such assistance after the first ninety days shall be increased to one hundred per cent of the average -weekly earnings. Partial disa- (b) If the accident causes partial disability, sixty-five per cent of bility. j.jjg weekly loss in wages during the period of such partial disability. (c) If the disability caused by the accident is at times total and at times partial, the weekly indemnity during the periods of each such total or partial disability shall be iu accordance with said subdivisions (a) and (b), respectively. (d) Said subdivisions (a), (b) and (c) shall be subject to the follow- ing limitations: Maximum In case of temporary or partial disability aggregate indemnity for benefits. injury to a single employee caused by a single accident shall not exceed four times the average annual earnings of such employee, and in case of permanent total disability aggregate indemnity for injury to a sin- gle employee caused by a single accident shall not exceed six times the average annual earnings of such employee. Permanent Total blindness of both eyes, or the loss of both arms at or near the total disability. gjiQ^i^er, or of both legs at or near the hip, or of one arm at the shoul- der and one leg at the hip, shall constitute permanent total disability. This enumeration shall not be exclusive but in other cases the com- mission shall find the facts. Maximum The aggregate disability period shall not, in any event, extend.be- '*''™" yond fifteen years from the date of the accident. Pay lor first The weekly indemnity due on the eighth day after the employee ^*® • leaves work as the result of the injury may be withheld until the twenty-ninth day after he so leaves work; i£ recovery from the disa- bility shall then have occurred, such first weekly indemnity shall not be recoverable; if the disability still continues, it shall be added to the weekly indemnity due on said twenty-ninth day and be paid therewith. If the period of disability does not last more than one week from the day the employee leaves work as the result of the injury, no indemnity whatever shall be recoverable. Compensation (3) Where death proximately results from the injury and the de- tor death, ceased leaves a person or persons wholly dependent upon him for support, the death benefit shall be as follows: (a) In case the injured employee was permanently totally disabled, a sum equal to four times his average annual earnings, but which, when added to the disability indemnity paid and due at the time of death, shall not exceed six times his average annual earnings. (b) In case the injured employee was not permanently totally dis- abled, such sum which, when added to the disability indemnity paid and due at the time of hia death, shall equal four times his average annual earnings. (4) If death occurs to an injured employee other than as a proximate result of the accident, before disability indemnity ceases, death benefit shall be as follows: J'er.m^neut (a) Where the accident proximately causes permanent total disa- totai disabuity. bility, it shall be the same as if the accident had caused death. ^'f^iT-^K-r?* ("> Where the accident proximately causes permanent partial disar partial disability, bility, liability shall exist for such benefit as shall fau-ly represent the proportionate extent of the impairment of earning capacity in the em- ployment in which the deceased was working at the time of the acci- dent or other suitable employment, caused by such disability. Partial depend- (c) In case the deceased employee leaves no one wholly dependent ®" upon him for support, but one or more persons partially dependent therefor, the death benefit shall not exceed four times the amount devoted by deceased, during the year immediately preceding his death, to the support of such dependents and shall be apportioned according to the percentage that the amount devoted by the deceased to the support of such person or persons, for the year immediately prior to the accident, bears to the average annual earnings of the deceased. Funeral ex- ((J) If the deceased employee leaves no person dependent upon him penses. ^^^ Support, and the accident proximately causes death, the death benefit shall consist of the reasonable expense of his burial, not exceed- ing one hundred dollars. APPENDIX — workmen's COMPENSATION LAWS — WISCONSIN, 433 (e) Death, benefit shall be paid in weekly installments corresponding in amount to sixty-five per cent of the weekly earnings of the employee, until otherwise orderea by the commission. (5) In cases included by the following schedule, the compensation Schedule lor to be paid, subject to the provisions of this act for maximum and mini- ™a«"'"Ss. mum payments, shall be sixty-five per cent of the average weekly earnings of the employee for the periods named in the schedule, to wit: The loss of one arm at or near the shoulder, 240 weeks; The loss of an arm at the elbow, 200 weeks; The loss of a forearm at the lower half thereof, 160 weeks; The loss of a hand, 160 weeks; The loss of a palm where the thumb remains, 80 weeks; The loss of a thumb and the metacarpal bone thereof, 60 weeks; The loss of a thumb at the proximal joint, 40 weeks; The logs of a thumb at the second ordistal joint, 20 weeks; The loss of an index finger and the metacarpal bone thereof, 30 weeks; The loss of an index finger at the proximal joint, 20 weeks; The loss of an index finger at the secondjomt, 15 weeks; The loss of an index finger at the distal joint, 10 weeks; The loss of a second finger and the metacarpal bone thereof, 20 weeks; The loss of a middle finger at the proximal joint, 15 weeks; The loss of a middle finger at the second joint, 10 weeks; The loss of a middle finger at the distal joint, 5 weeks; The loss of a third or ring finger and the metcarpal bone thereof, 12 weeks; The loss of a ring finger at the proximal joint, 8 weeks; The loss of a ring finger at the second joint, 6 weeks; The loss of a ring finger at the distal joint, 4 weeks; The loss of a little finger and the metacarpal bone thereof, 15 weeks; The loss of a little finger at the proximal joint, 10 weeks; The loss of a little finger at the second joint, 8 weeks; The loss of a little finger at the distal joint, 4 weeks; The loss of all the fingers of one hand where the thumb and palm remain, 60 weeks; The loss of a leg at the hip joint, or so near thereto as to preclude the use of an artificial limb, 240 weeks; The loss of a leg at or above the knee, where stump remains sufficient to permit the use of an artificial limb, 160 weeks; The loss of a foot at the ankle, 120 weeks ; The loss of a great toe with the metatarsal bone thereof, 30 weeks; The loss of a great toe at the proximal joint, 20 weeks; The loss of a great toe at tho second joint, 10 weeks; The loss of any other toe with the metatarsal bone thereof, 12 weeks; The loss of any other toe at the proximal joint, 4 weeks; The loss of any other toe at the second or distal joint, 4 weeks; The loss of all the toes of one foot, 40 weeks; The loss of an eye by enucleation, 160 weeks; The loss of the second eye, by enucleation, 320 weeks; Total blindness of one eye, 120 weeks; Total blindness of the second eye, 240 weeks; Total deafness t)f both ears, 160 weeks; Total deafness of one ear, 40 weeks; Total deafness of the second ear, 120 weeks. When by reason of infection or other cause not due to the neglect or misconduct of the injured employee, he is actually disabled longer than the time specified in the foregoing schedule from earning a wage, compensation shall be paid such employee for such loss of wage within the limits otherwise provided. For the purposes of this schedule permanent and complete paralyaia of any member shall be deemed equivalent to the loss thereoft Whenever an amputation is made between any two joints mentioned in this schedule (except amputations between the knee and hip joint) the resultant loss shall be estimated as if the amputation had been made-at the joint nearest tliereto. In all other cases in this class the compensation shall bear euch rela- tion to the amount stated in the above scTiedule as the disabilities bear to those produced by the injuries named in the schedule. 22566°— S. Doc. 336, 63-2 28 434 APPENDIX workmen's compensation laws WISCONSIN. If an employee is seriously permanently disfigured about tlie face or head, the commission may allow such sum for compensation on account thereof, as it may deem just, not exceeding $750. In case of permanent injury to an employee who is over fifty-five years of age, the compensation herein shall be reduced by 5 per cent; in case he is over sixty years of age, by 10 per cent; in case he is over sixty-five years of age, by 15 per cent. Violations of (a) Where injury is caused by the failure of the employer to comply safety laws, etc. ^^^^i any statute of the State or any lawful order of the industrial com- mission, compensation as proAdded in sections 2394-3 to 2394-31, in- clusive, shall be increased fifteen per cent. (b) Where injury is caused by the willful failure of the employee to use safety devices where provided by the employer, or (c) Where injury results from the employee's willful failure to obey any reasonable rule adopted by the employer for the safety of the em- ployee, or Intoxication. (d) Where injury results from the intoxication of the employee, the compensation provided heiein shall be reduced fifteen per cent. Lump-sum (e) Any time after six months have elapsed from the date of the injury, payments. ^j^g commission may order payment in gross or in such manner as it may determine to the best interest of the parties. When payment in gross is ordered, the commission shall fix the gross amoimt to be paid based on the present worth of partial payments, considering interest at three per cent per annum. Earnings com- Sec. 2394-10. 1. The average weekly earnings referred to in section puted, how. 2394-9 shall be one fifty-second of the average annual earnings of the employee. The average annual earnings for employees operating, running, riding upon, or switching passenger, freight or other trains, engines or cars for a railroad company operating a steam railroad as a common car- rier, shall be taken at not less than $500 nor more than $1,250 per annum; and for all other employees such average annual earnings shall be taken at not less than $375 nor more than $750. Between said limits such average annual earnings shall be determined as follows: (a) If the injured employee has worked in the employment in which he was workLiig at the time of the accident, whether for the same em- ployer or not, during substantially the wholeof the year immediately preceding his injury, his average annual earnings shall consist of three nimdred times the average daily wage or salary which he has earned in such employment during the days when so employed. (b) If the injured employee has not so worked in such employment during substantially the whole of such immediately preceding year, his average annual earnings shall consist of three himdred times the average daily wage or salary which an employee of the same class workmg substantially the whole of such immediately preceding year in the same or a similar employment in the same or a neighboring place shall have earned in such employment during the days when so em- ployed. (c) In cases where the foregoing methods of arriving at the average annual earnings of the injured employee can not reasonably and fairly be applied, such average annual earnings shall be taken at such sum as, having regard to the previous earnings of the injured employee, and of other employees of the same or most similar class, working in the same or most similar employment, in the same or a neighboring locality,_shall reasonably represent the average annual earning capacity of the injured employee at the time of the accident in the employment in which he was working at such time. Minors. If an employee is a minor and is permanently disabled, his weekly earnings shall be determined on the basis of the earnings that such minor, if not disabled, probably would earn after attaining the age of twenty-one years. Subsequent In- (d^ The fact that an employee has suffered a previous disability, or Junes. received compensation therefor, shall not preclude compensation for a later injury, or for death, but in determining compensation for the later injury, or death, his average annual earnings shall be such sum as will reasonably represent his average annual earning capacity at the time of the later injury, in the employment in which he was working at such APPENDIX — workmen's COMPENSATION LAWS — WISCONSIN. 435 time, and shall be arrived at according to, and subject to the limitations of the previous provisions of this section. 2. The weekly loss in wages referred to in section 2394-9 shall condst Wage loss. of such percentage of the average weekly earnings of the injured em- ployee, computed according to the provisions of this section, as shall fairly represent the proportionate extent of the impairment of his earn- ing capacity in the employment in which he was working at the time of the accident, and other suitable employments, the same to be fixed as of the time of the accident, but to be determined in view of the nature and extent of the injury. 3. The following shall be conclusively presumed to be solely and Dependents, wholly dependent for support upon a deceased employee: (a) A wife upon a husband with whom she is living at the time of his death. _ _ _ , (b) A husband upon a wife with whom he is living at the time of her death. (c) A child or children under the age of eighteen years (or over said age, but physically or mentally incapacitated from earning), upon the parent with whom he or they are living at the time of the death of such parent, there being no surviving dependent parent. In case there is more than one child thus dependent, the death benefit shall be divided between such dependents in such proportion as may be de- termined by the commission after considering the ages of such depend- ents and other facts bearing on such dependency. In all other cases questions of entire or partial dependency shall be determined in accordance with the fact, as the fact may be at the time of the accident to the employee; and in such other cases, if there is more than one person wholly dependent, the death benefit shall be divided equally among them, and persons partially dependent, if any, shall receive no part thereof; and if there is more than one person par- tially dependent, the death benefit shall be divided among them ac- cording to the relative extent of their dependency. 4. No person shall be considered a dependent unless a member of the family of the deceased employee, or one who bears to him the rela- tion of husband or widow, or lineal descendent, or ancestor, or brother, or sister. 5. Questions as to who constitute dependents and the extent of their dependency shall be determined as of the date of the accident to the employee, and their right to any death benefit shall become fixed as of such time, irrespective of any subsequent change in conditions; and the death benefit shall be directly recoverable by and payable to the dependent or dependents entitled thereto or their legal guardians or trustees: Provided, That in case of the death of a dependent whose right to a death benefit has thus become fixed, so much of the same as is then unpaid shall be recoverable by and payable to his personal rep- resentatives in gross. No person slmll be excluded as a dependent who is a nonresident alien. 6. No dependent of an injured employee shall be deemed, during the life of such employee, a party in interest to any proceeding by him for the enforcement or collection of any claim for compensation, nor as respects the compromise thereof by such employee. Sec. 2394^11. No claim to recover compensation under sections Notice. 2394-3 to 2394-31, inclusive, shall be maintained unless, within thirty days after the occurrence of the accident which is claimed to have caused the injury or death, notice in writing, stating the name and address of the person injured, the time and place where the accident oc- curred, and the nature of the injury, and signed by the person injured or by some one on his behalf, or in case of his death, by a dependent or some one on his behalf, shall be served upon the employer, either by delivering to and leaving with him a copy of such notice, or by mail- ing to him by registered mail a copy thereof in a sealed and postpaid envelope addressed to him at his last known place of business or resi- dence. Such mailing shall constitute completed service: Provided however, That any payment of compensation under sections 2394-3 to 2394-31, inclusive, in whole or in part, made by the employer before the expiration of said thirty days, shall be equivalent to the notice herein required : And provided, further, That the failure to give any 436 APPENDIX workmen's compensation laws WISCONSIN. Buch. notice, or any defect or inaccuracy therein, shall not be a bar to recovery under sectiona 2394^3 to 2394-31, includve, if it is found as a fact in the proceedings for collection of the claim that there was no intention to mislead the employer, and that he wa^not in fact mis- Limitation, led thereby: Artd provided, further, That if no such notice is given and no payment of compensation made, within two years from the date of the accident, the right to compensation therefor shall be wholly barred. Medical exami- Sec. 2394-12. Wherever in case of injury the right to compensation nations. under sections 2394^3 to 2394-31, inclusive, would exist in favor of any employee, he shall, upon the written request of his employer, eubmit from time to time to examination by a regular practicing physician, who shall be provided and paid for by the employer, and shall like- wise submit to examination nrom time to time by any regular physician selected by said industrial commission, or a member or examiner thereof. The employee shall be entitled to have a physician, provided and paid for by himself, present at any such examination. So long as the employee, after such written request of the employer, shall re- fuse to submit to such examination, or shall in any way ojjstnict the same, his right to begia or maintaiu any proceeding for the collection of compensation shall be suspended; and if he shall refuse to submit to such examination after direction by the commission, or any member or examiner thereof, or shall in any way obstruct the same, Ms right to the weekly ind enmity which shall accrue and become payable during the period of such refusal or obstruction, shall be barred. Any physi- cian who shall make or be present at any such examination may be re- quired to testify as to the results thereof. Any physician having at- tended an employee in a professional capacity may be required to tes- tify before the commission when it shall so direct. Who adminis- Sec. 2394-13. Sections 2394r-3 to 2394r-31, inclusive,, shall be admin- act. istered by the industrial commission. A majority of the commission shall constitute a quorum for the exercise of any of the powers or author- ity conferred by sections 2394-3 to 2394-31, inclusive, and an order or award made by a majority shall be valid. In case of a vacancy, the remaining two members of the commission shall exercise all the powers and authority of the commission untU such vacancy is filled. Powers of com- Sec. 2394^14 (as amended by Chapter 772, Acts of 1913). Subject mission. ^^ .(.j^g provisions of sections 2394-3 to 2394-31, inclusive, the commission may adopt its own rules of procedure and may change the same from time to time in its discretion. The commission, when it shall deem it necessary to expedite its business, may, from time to time, employ one or more expert examiners for such length of time as may be required, such examiners to be exempt from the operation of sections 990-1 to 990-32, inclusive, of the statutes. It may employ such deputies, in- spectors, clerks, stenographers, and other employees as it may deem necessary. It shall provide itself with a seal for the authentication of its orders, awards and proceedings, upon which shall be inscribed the words " Industrial Commission — ^Wisconsin — Seal." ' Disputes. Sec. 2394^15. Any dispute or controversy concerning compensa- tion under sections 2394r-3 to 2394-31, inclusive, including any m which the State may be a party, shall be submitted to said industrial commission in the manner and with the effect provided in sections 2394-3 to 2394^-31, inclusive. Every compromise of any claim for compensation under sections 2394r-3 to 2394-31, inclusive, shall be subject to be reviewed by, and set aside, modified or confirmedhy the commission upon application made within one year from the time of such compromise. Hearings. ^ Seo. 2394-16. Upon the filing with the commission by any paxty in interest of an application in writing stating the general nature of any claim as to which any dispute or controversy may have arisen, it shall fix a time for the hearing thereof, which shall not be more than forty days after the filing of such application. The commission shall cause notice of such hearing, embracing a general statement of such claim, to be given to each party interested, by service of such notice on him per- sonally or by maiUng a copy thereof to him at his last known post- office address at least ten days before such hearing. Such hearing may be adjourned from time to time in the discretion of the commit- APPENDIX — workmen's COMPENSATION LAWS — WISCONSIN. 437 sion, and hearings may be held at such places as the commission shall designate. Either party shall have the right to be present at any hearing, in person or by attorney, or any other agent, and to present such testimony as may be pertinent to the controversy before the com- mission; but the commission, may, with or without notice to either party, cause testimony to be taken, or an inspection of the premises where the injury occurred to be had, or the time books and pay roll of the employer to be examined by any member of the commission or any examiner appointed by it, and may from time to time direct any employee claiimng compensation to be examined by a regiilar physi- cian; the testimony so taken, and the results of any such inspection or examination, to be reported to the commission for its consideration upon final hearing. All ex parte testimony taken by the commission shall he reduced to writing and either party shall have opportunity to rebut the same on final hearing. The commission, or any member thereof, or any examiner appointed thereby, shall have power and authority to issue subpoenas, to compel the attendance of witnesses or parties, and the production of books, papers, or records, and to admin- ister oaths. Any person who shall wUltully fail or neglect to appear and testify Failure to ap- or to produce books, papers and records as required by such subpoena P®*"^' ***• duly_ served upon lam, shall be guilty pf a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars, or imprisoned in the county jail not longer than thirty days for each such offense. Each day such person shall so refuse or neglect shall constitute a separate offense. The circuit court of the county wherein such person resides, upon application of the commission or any member thereof or any such ex- aminer, may issue an order compelling the attendance and testimony of witnesses and the production of books, papers and records before such commission or any member thereof or any such examiner. Sec. 2394r-17. After final hearing by said commission, it shall make Findings and and file (1) its findings upon all the facts involved in the controversy, ^''''ard. and (2) its award, which shall state its determination as to the rights of the parties. Pending the hearing and determination of any contro- versy before it, the commission shall have power to order the payment of such, or any part, of the compensation, which is or may fall due, as to which the party from whom the same is claimed does not deny liability in good faith within ten days after the giving of notice of hearing pro- vided for in the preceding section; and if the same shall not be paid as required by such order, tho facts with respect to the liability therefor, and the determination of the commission as to the rights of the parties, shall be embraced in, and constitute a part of, its finding and award; and the commission shall have the power to include in its award, as a penalty for noncompliance with any such order, if it shall find that non- compliance was not in good faith, not exceeding twenty-five per cent of each amount which shallnot have been paid as directed thereby. The commission may on its own motion, modify or change its order, fiindinga or award at any time within ten days from the date thereof if it shall discover any mistake therein. Sec 2394-18. Either party may present a certified copy of the award Judgment by to the circuit court for any county, whereupon said cpurt shall, without "°"^*- notice, render a judgment in accordance therewith; which judgment, until and unless set aside as hereinafter provided, shall have the same effect as though duly rendered in an action duly tried and determined by said court, and shall, with like effect, be entered and docketed. Sec. 2394r-19. 1. The findings of fact mado by the commission acting Findings con- within its powers shall, in the absence of fraud, bo conclusive; and the "Elusive, order or award, vhether judgraent has been rendered thereon or not, shall be subject to roviev only in th*. manner and upon the grounds fol- lowing: Within twenty days from the date of thoorder or award, any party aggrieved thereby may commence, in the circuit court for Dane County, an action against the commission for tho review of such order or Review, award, m which action tho adverse party shall also be made defendant. In such action a complaint, which shall state the grounds upon which a review is sought, shall be served with the summons. Service upon the secretary of the commission, or any member of the commisaon, 438 APPENDIX workmen's compensation laws WISCONSIN. shall be deemed completed service. The commission shall serve its answer within twenty days after the service of the cornplaint, and, within the like time, such' adverse party shall, if he so desires, serve his answer to said complaint. With its answer, the commission shall make return to said court of all documents and papers on file in &e matter, and of all testimony which may have been taken therein, and of its order, findings and award. Such return of the board when filed in the office of the clerk of the circuit court shall, with the papers mentioned in section 2398 of the statutes, constitute a judgment roll in such action; and it shall not be necessary to settle a bill of exceptions m order to make such return part of the record of such court in such action. Said action may thereupon be brought on for hearing before said court upon such record by either party on ten days' notice to the other; subject, however, to the provisions of law for a change of the place of trial or the calling in of another judge. Upon such hearing, the court may confirm or set aside such order or award ; and any judgment which may thereto- fore have been rendered thereon; but the same shall be set aside only upon the following grounds: (1) That the commission acted without or in excess of its powers. (2) That the order or award was procured by fraud. (3) That the findings of fact by the commission do not support the order or award. Time for trial. 2. Any action commenced in court under section 2394-19 to set aside or modify any order or award of the commission must be brought to trial within thirty days after issue shall be joined, unless continued on order of the court for good cause shown. No continuance shall be for longer than thirty days at one time, and further continuance may be had only upon order of the court for cause. 3. Upon the trial of any such action the court shall disregard any irregularity or error of the commission unless it be made to affirmatively appear that the plaintiff was damaged thereby. 4. The record in any case shall be transmitted to the commission within twenty days after the order or judgmenf of the coiui;, unless appeal shall be taken from such order or judgment. vi "h ? °** 2394-20. Upon the setting aside of any order or award the court aside, w at. ^^^^ recommit the controversy and remand the record in the case to the commission, for further hearing or proceedings; or it may enter the proper judgment upon the findmgs, as the nature of the case shall de- mand. _ An abstract of the judgment entered by the trial court upon the review of any order or awardshall be made by the clerk thereof upon the docket entry of any judgment which may theretofore have been rendered upon such order or award, and transcripts of such abstract may thereupon be obtained for like entry upon the dockets of the courts of other counties. Who may ap- gj;c. 2394-21. Said commission, or any party aggrieved by a judg- ^^ ■ ment entered upon the review of any order or award, may appeal tiere- from within the time and in the manner provided for an appeal from the orders of the circuit court, except that it shall not be necessary for said commission or any party to said action to execute, serve or file the undertaking required by section 3052 of the statutes in order to perfect euch appeal; but all such appeals shall be placed on the calendar of the supreme court and brought to a hearing in the same manner as State causes on such calendar, ^ees. Sec. 2394-22. No fees shall be charged by the clerk of any court for the performance of any official service required by sections 2394-3 to 2394-31, inclusive, except for the docketing of juc^ments and for certi- fied copies of transcripts thereof. In proceedings to review an order or award, costs as between the parties shall be allowed or not in the discre- oonuS™*^ '"' ^'"^ *^® court, but no costs shall be taxed against said commission, ssjon. jj^ ^j^y g^g^JQjj fgy ^.jug review of an order or award, and upon any appeal therein to the supreme court, it shall be the duty of the attorney gen- eral, personally, or by an assistant, to appear on behalf of the commis- sion, whether any other party defendant shall have appeared or be represented in the action or not. Unless previously authorized by the commission, no lien shall be allowed, nor any contract be enforceable, for any contingent attorney's fee for the enforcement or collection of any claim for compensation where such contingent fee, inclusive of all tax- APPENDIX workmen's COMPENSATION LAWS— WISCONSIN. 439 able attorney's fees jjaid or agreed to be paid for the enforcement or collection of such, claim, exceeds ten per cent of the amount at which such claim shall be compromised, or of the amount awarded, adjudged or collected. Sec. 2394-23. No claim for compensation under sections 2394^3 to .Claims not as- 2394-31, inclusive, shall be assignable before payment, but this pro- ^'S'^"'*- vision shall not affect the survival thereof; nor shall any claitn for com- pensation, or compensation awarded, adjudged or paid, be subject to be taken for the debts of the party entitled thereto. Sec. 2394-24. 1. The whole claim for compensation for the injury Preference. or death of any employee or any award or judgment thereon, shall be entitled to a preference over the unsecured debts of the employer here- after contracted, but this section shall not impair the lien of any judg- ment entered upon any award. 2. An employer liable under this act to pay compensation shall in- Security of pay- sure payment of such compensation in some company authorized to ™®''*^- insure such liability in this State unless such employer shall be ex- empted from such insurance by the industrial commission. An em- ployer desiring to be exempt from insuring his liability for compensa- tion shall make application to the industrial commission showing his financial ability to pay such compensation, whereupon the commission by written order may make such exemption. The commission may from time to time require further statement of financial ability of such employer to pay compensation and may upon ten days' notice in writ- ing, revoke its order granting such exemption, in which case such em- ployer shall immediately insure his liability. 3. An employer who shall fail to comply with the provisions of sub- section 2 of section 2394-24 shall be guilty of a misdemeanor and upon conviction thereof shall forfeit twenty-five dollars for each offense. Each day's failure shall be a separate offense. Upon complaint of the commission, such forfeitures may be collected by the State in an action in debt. Sec. 2394-25. 1. The making of a lawful claim against an employer Claims against for compensation under section 2394-3 to 2394-31, inclusive, for the tiiird parties, injury or death of his employee shall operate as an assignment of any cause of action in tort which the employee or his personal representative may have against any other party for such injury or death; and such employer may enforce in his own name the liability of such other party. 2. The making of a claim by an employee against a third party for damages by reason of an accident covered by sections 2394-3 to 2394-31, inclusive, shall operate as a waiver of any claim for compensation against the employer. Sec 2394-26. Nothing in sections 2394-3 to 2394-31, inclusive, shall Insurance, affect the organization of any mutual or other insurance company, or any existing contract for insurajice of employers' liability, nor the right of the employer to insure in mutual or other companies, in whole or in part, against such liability, or against the liability for the compensation provided for by sections 2394-3 to 2394-31, inclusive, or to provide by mutual or other insurance, or by arrangement with his employees, or otherwise, for the payment to such employees, their families, depend- ents or representatives, of sick, accident or death benefits in addition to the compensation provided for by sections 2394-3 to 2394-31, inclu- sive. But liability for compensation under sections 2394-3 to 2394-31, Liability not to inclusive, shall not be reduced or affected by any insurance, contribu- "« reduced, tion or other benefit whatsoever, due to or received by the person en- titled to such compensation, and the person so entitled shall, irrespec- tive of any insurance or other contract, have the right to recover the same directly from the employer; and in addition thereto, the right to enforce in his own name, in the manner provided in sections 2394r-3 to 2394-31, inclusive, the liability of any insurance company which may, in whole or in part, have insured the liability for such compensation: Provided, however. That payment in whole or in part of such compensa- tion by either the employer or the insurance company, shall, to the ex- tent thereof, be a bar to recovery against the other of the amount so paid: And provided further. That as between the employer and the insurance company, payment by either directly to the employee, or 440 APPENDIX WOKKMEn's COMPENSATION LAWS WISCONSIN. to the person entitled to compensation, shall be subject to the condi- tions of the insurance contract between them. Insurance gov- Sec. 2394-27. 1. Every contract for the insurance of the compensar emed by act. ^^^^ herein provided for, or against liability therefor, shall be deemed to be made subject to the provisions of sections _2394r-3 to 2394-31, in- clusive, and provisions thereof inconsistent with section. 2394r-3 to 2394-31, inclusive, shall be void. No company shall enter into any such contract of insurance unless such company shall have been ap- proved by the commissioner of insurance, as provided by law. For the purposes of sections 2394-3 to 2394-31, inclusive, each employee shall constitute a separate risk within the meaniug of section 1898d of the statutes: Provided, That at least five employers shall join in the organi- zation of a mutual company under subdivision (5) of section 1897 and no such company organized by employers shall be licensed or author- ized to effect such insurance unless such company shall have in force or put in force simultaneously, insurance on at least one thousand five hundred separate risks. Inspection of 2. The industrial commission, by itself or its employees, may exam- Insuranoe com- ^^^ fiojn time to time the books and records of any liability insvirance pames. company insuring liability or compensation for an employer in this State. Any such company that shall refuse or fail to allow the indus- trial commission to examine its books and records or to file the report required by subsection 3 of section 2394-27, shall have its license to do business in the State revoked. Companies to 3 Every company transacting the business of compensation insur- report. ance, in addition to all other reports required by law to be made, shall, on or before the first day of March in each year, on blanks furnished for such purpose, make and file with the industrial commission an annual statement of its business and accident experience covering the year ending on the preceding thirty-first day of December. Eatesandclas- 4 Every insurance company, including any interinsurer or other ^cations to De jjjgyj.gj. authorized to do business within this State and insuring the liability of employers for compensation as herein provided, shall file with the industrial commission its classifications of risks and rates of premium relating thereto, and any changes in or additions to such clas- sifications or rates of premium. No such company shall issue in this State any policy insuring against such liability for coinpensation except upon the classifications and rates of premiums so filed with the indus- trial commission. No such company shall discriminate between in- sured having risks in the same class and degree of hazard by the grant- ing of any rebate or deduction in such rate of premium, or by any clmnge of classification for the purpose of granting such deduction, or in any other manner. Any such company or agent violating any pro- vision of this section shall be subject to the penalties provided by sec- tion 1955o. Upon the filing of any complaint with the commissioner of insurance alleging any violation of this section, proceediugs shall be had thereon as provided for violations of section 1955o. Employers' gj;c. 2394-28. Any employer against whom liability may exist for options. compensation under sections 2394-3 to 2394-31, inclusive, may, with the approval of the industrial commission, be relieved therefrom by — (1) Depositing the present value of the total unpaid compensation for which such liability exists, assuming interest at three per cent per annum, with such trust company of this State as shall be designated by the employee (or by his dependents, in case of his death, and such lia- bility exists in their fevor), or in default of such designation by him (or them) after ten days' notice in writing from the employer, with such trust company of this State as shall be designated by the commission; or (2) By the purchase of an annuity, within the limitations provided by_ law, in any insurance company granting annuities and licensed in this State, wmch may be designated by the employee, or his depend- ents, or the commission, as provided in subdivision (1) of section 2394-28. Blanks,^., to Sec. 2394-29. The commission shall cause to be printed and fur- S'^"- ^^- The assignment of any cause of action arising under this tion. act, or of any payments due oi* to become due under the provisions Service petitions, etc. persons. E APPENDIX WORKMEN •'S COMPENSATION LAWS 63D CONGEESS. 459 hereof, Bhall be void. Every liability and all payments due or to become due under this act shall be exemjjt from levy or sale for private Payments debt. In case of insolvency every liability for compensation under ^^""P*" ''^''■ this act shall constitute a first lien upon all the property of the employer liable therefor paramount to all other claims or liens except for wages and taxes, and such lien shall be enforced by order of the court. Sec. 17. Nothing in this act shall interfere -with any proceeding by Consireoiion ot the United States to enforce any act of Congress regulating the appli- '^''*' ances or conduct of any common carrier, or affect the liability of any such common carrier to a fine or penalty under any such act. Nothing in this act shall be so construed as to affect the power and jurisdiction of the courts, under the established principles of equity, to reform or cancel any agreement or award. Sec. 18. Where an injury or death for which compensation is pay- Injuries oaused able under this act was caused under circumstances also creating a legal ^^ ^'^'^^ persons, liability for damages on the part of any carrier subject to the provisions of this act other than the employer, the employer shall be subrogated to the right of the employee or dependents to recover against such other carrier, and such employer may bring legal proceedings against such carrier to recover the damages sustained by the injured employee or dependents in an amount not exceeding the aggregate amount of compensation payable to the injured employee or dependents under this act. That where the injury or death for which compensation is payable under this act was caused under circumstances also creating a egal liability for damages on the part of any person other than the employer, such person not being subject to the provisions of this act, legal proceedings may be taken against such other person to recover damages, notwithstanding the payment of or liability to pay compen- sation under this act; but in such case, if the action against such other person is brought by the injured employee, or in case of his death by his dependents, and judgment is obtained and paid, or settlement is made with such other person, either with or without suit, the employer shall be entitled to deduct from the compensation payable by him the amount actually received by such employee or dependents: Provided, That if the injured employee, or in case of his death his dependents, shall agree to receive compensation from the employer, or institute pro- ceedings to recover the same, or accept from the employer any pay- ment on account of such compensation, such employer shall be subro- gated to all the rights of such employee or dependents and may main- tain, or in case an action has already been instituted, may continue an action either in the name of the employee or dependents, or in his own name, against such other person for the recovery of damages, but such employer shall nevertheless pay over to the injured employee or de- pendents all sums collected from such other person by judgment or otherwise in excess of the amount of such compensation abeady paid under this act, and costs, attorneys' fees, and reasonable expenses in- curred by such employer in making such collection or enforcing such liability, and shall to the extent thereof be relieved from future pay- ments. Sec. 19. No contract, rule, regulation, or device whatsoever shall Watvers. operate to relieve the employer in whole or in part from any liability created by this act. Sbc. 20. For all the purposes of this act the monthly wages of an em- Computing ployee unless the monthly wage is ascertained by the contract of era- ^'^8"^- ployment shall be twenty-six times the established day's pay prevail- ing in the business of his employer for the class of service for which such employee was receiving pay at the time of the accident, or, if pay- ment be by the hour, by the piece, or by the job, shall be twenty-six times the average of one day s earnings in such business and class of service ascertained by taking the aggregate of the earnings for the month next preceding the accident and dividing this aggregate by the number of days work which the employee performed during the month. Calculations of the percentage of wages herein mentioned shall be based on the monthly wages ascertained by the contract of employment or on the amount thereof determined as aforesaid, as the case may be. For the purpose of such calculation, no employee's wages shall be considered to be less than $50 a month; except that where in any case the monthly wages of the employee are less than |25 460 APPEjStDIX workmen's compensation laws 63D CONGRESS. per month., payment for the first twenty-four months of disability shall not exceed the full amount of such monthly wages: Provided, That where the emploj^ee is engaged in a class of service in which employees habitually and with the sanction of the employer receive for their own use gratuities from the traveling public, the monthly wages of such employee shall not be considered to be less than |50 a month. Payments AH compensation Under this act shall be paid monthly unless com- monthly. muted as hereinafter provided. Compensation Sec. 21. Compensation under this act shall be made in accordance '"''^ with the following schedule: Death; (A) Where death results from any injiuy, except in the cases pro- vided for in section twenty-three [twenty-two], and except in those cases in which, in certain contingencies, a reduced period is herein- after provided for, the following amounts shall be paid for a period of eight years from the date of the death: Provided, however. That this limitation shall not apply to any male child under the age of sixteen years or female child under the age of twenty years; but payments shall continue to such child until it shall have attained the age of six- teen years, or twenty years, as the case may be. (1) If the deceased employee leave a widow and no male child under the age of sixteen and no female child under the age of twenty, and no dependent child over such age of sixteen, or twenty, respec- tively, there shall be paid to the widow forty per centum of the monthly wages of the deceasedt. (2) If the deceased employee leave a widow and any male child under the age of sixteen or female child under the age of twenty, or any dependent child over such age of sixteen or twenty, respectively, there shall be paid to the widow for the benefit of herself and such child or children fifty per centum of the monthly wages of the deceased. (3) If the deceased employee leave any male child under the age of sixteen, or female child under the age of twenty, or dependent child over such age of sixteen, or twenty, respectively, but no widow, there shall be paid, if one such, child, twenty-five per centum of the monthly wages of the deceased to such child, and if more than one such child ten per centum additional for each of such children, not to exceed a total of fifty per centum of the monthly wages of the deceased divided among the children, share and share alike: Provided, That if the num- ber of children entitled to payment be subsequently reduced to less than four, the amount of the payments shall be correspondingly di- minished. (4) In the event of the death or remarriage of a widow receiving pay- ments under subdivision (2) of this clause, the amounts stated in sub- division (3) shall thereafter be paid to the child or children of the de- ceased employee therein specified for the unexpired part of the period of eight years from the date oi the employee's death, but to continue in any event until the youngest male child shall have attained the age of sixteen years and the youngest female child shall have attained the age of twenty years, subject to the provisions of subdivisions (3) and (9) of this cJause (A). (5) If the deceased employee leave no widow or children entitled to any payment hereunder, but leave a parent or parents, there shall be ■paid, in case of partial dependency, fifteen per centum of the_ monthly wages of the deceased to such parent or parents, and if either is or both are wholly dependent on the deceased there shall be paid in lieu of the fifteen per centum, if only one parent, twenty-five per centum of the monthly wages of the deceased, or if both parents, forty per centum of the monthly wages of the deceased, to such parent or parents. (6) If the deceased leave no widow or child or parent entitled to any payment hereunder, but leave any brother, sister, grandparent, or grandchild wholly dependent upon liim for support, there shall be paid to such dependent relative, if but one, twenty per centum of the monthly wages of the deceased, or if more than one, thirty per centum of the monthly wages of the deceased, divided among them share and share alike. If none of such relatives is wholly dependent and the deceased leave any such relative or relatives partially dependent upon him for support, there shall be paid to such dependent relative or rela- tives ten per centum of the monthly wages of the deceased, divided among them share and share alike. APPENDIX — workmen's COMPENSATION LAWS — 63D CONGEESS. 461 (7) Th.e foregoing subdivisions of this clause (A) shall apply only to dependents who at the time of the death of the deceased employee are actual residents of the United States or contiguous countries, except (a) it the nonresident dependent be a widow and there be no resident child or children entitled to compensation under this act, there shall be paid to her a lump sum equal to one year's wages of the deceased employee, as hereinbefore defined and limited, for the benefit of herself and non- resident children, if any; (b) if the nonresident dependent be a chUd or children under the age of sixteen years and there be no widow, resident or nonresident, and no resident children entitled to compensa- tion under this act, there shall be paid to such nonresident child or children a like lump sum to be divided among them share and share alike,' it being the intention of the foregoing to exclude from the bene- fits of this act any such nonresident widow, child, or children if there be any resident child or children entitled to compensation under this act, and to exclude from the benefits of this act all other resident de- pendents if there be any nonresident widow, child, or children entitled to take under the provisions of this subdivision. (8) If the monthly payments for a death hereunder are at the rate of Burial expenses; not more than |15 per month, there shall be paid by the employer a contribution of 175 toward the burial expenses: Provided, however, That where no compensation for death of an employee caused as defined by sec- tions one and two of this act is payable hereunder there shall be furnished by the employer a reasonable burial expense not exceeding $150. (9) If compensation is being paid under this act to any dependent, such compensation, unless otherwise provided for herein, shall cease, in any event, upon the death or marriage of such dependent, and in the case of a dependent child over the age of sixteen or twenty years, as the case may be, shall, subject to the limitations of time hereinbefore imposed, cease, in any event, when such child shall cease to be de- pendent. (B) Where permanent total disability results from any injury, there Permanent shall be paid to the injured employee fifty per centum of the monthly '"*'*' disability; wages of such employee during the remainder of his life. In the follow- ing cases it shall, for the purposes of this section, be conclusively pre- sumed that the injury resulted in permanent total disability, to wit: The total and irrevocable loss of sight in both eyes, the loss of both feet at or above the ankle, the loss of both hands at or above the wrist, the loss of one hand and one foot, an injury to the spine resulting in perma- nent and complete paralysis of the legs or arms, or an arm and a leg, and an injury resulting in incurable imbecility or insanity. (C) Where temporary total disability results from any injury there Temporary shall be paid fifty per centum of the monthly wages of the injured '"'-^i