ws ■ ^ R t/T r -^ ' < H 7- &. -f- OJ 1 ^ t ui IC -5 s> < pi _ 1^ ! -2 s -Si r3 s: 5 CC •^ !j O y ^S 03 2 «a: m -i Jr S< 1 d li ' (O Si '"^ c 1 ui 1 y: H ? < __, .— p Id s ■a ^ p =f f- -a i!J (S ii M v/l << ? /.'•-■ >*TV .•^'^'•4i r*»^^^ :;i:-i«'= w*'* . ^ ^.-^r <^A*^^ l-^^^ (UiJtVfRSlV HO The date shows when mis voitune was laxcu. To renew thia book copy the call No. and give to the librarian. mi HOME USE RULES All Books subject to recall All borroweri^«nuat regis- ier in the library to bor- row books for home use. All books must be re- tiimed at end of college year for inspection and rep .iira. Limited books must be returned within the four week limit and not renewed. Students must return all books before leaving town. Officers should arrange for the return of books wanted during their absence from town. Volumes of periodicals and of pamphlets are held in the library as much as possible. For special pur- poses they are given out for a limited time. Borrowers should not use their library privileges for the benefit of other persons. Books of special value and gift books, when the giver wishes it, are not al- lowed to circulate. Readers are asked to re- port all cases of books marked or mutilated. Do not deface books by marks and writing. CqsmsXse'ioner of Labor INDUSTRIAL INSURANCE, MEDICAL Alb AND SAFETY ACTS WITH Administrative Code, Electrical Inspection, Public Utilities Safety Inspection Laws and Indus- trial Aid to the Adult Blind RELATING TO Department of Labor and Industries State of Washington i Chapter 74, Session Laws of 1911, as Amended Sessions 1913, 1915, 1917, 1919 and 1921, and Other Laws With Annotations ISSUED BY THE DEPARTMENT OF LABOR AND INDUSTRIES Olympia, Washington OLTMPIA FRANK M. LAMEORN "^^o PUBLIC PRINTER 1921 \: .-(-rr?" ^S%%Sc\0^ \i ; 'I \Aa&^4^'^;..^(i.i -' L-CCfe) UoJy'-r. iK\Kfi >).l^i:dM^j I ,!_ ^^ .f^ I. INDCSTRIAL INSURANCE ACT Chapter 74, Laws of 1911, with Amendments. [H. B. 14.] An Act relating to the compensation of injured worltmen in our in- dustries, and the compensation to their dependents where such injuries result in death, creating an Industrial Insurance De- partment, making an appropriation for its administration, pro- viding for the creation and disbursement of funds for the com- pensation and care of workmen injured in hazardous employ- ment, providing penalties for the non-observance of regula- tions for the prevention of such injuries and for violations of its provisions, asserting and exercising the police power in such cases, and, except in certain specified cases, abolishing the doc- trine of negligence as a ground for recovery of damages against employers, and depriving the courts of jurisdiction of such controversies, and repealing sections 6594, 6595 and 6596 of Remington & Ballinger's Annotated Codes and Statutes of Washington, relating to employees in factories, mills or work- shops where machinery is used, actions for the recovery of damages and prescribing a punishment for violation thereof. Be it enacted 'by the Legislature of the State of Washington: Section 6604-1. Declaration of Police Power. The common law system governing the remedy of workmen against employers for injuries received in hazardous work is inconsistent with modern industrial conditions. In practice it proves to be economically unwise and unfair. Its administra- tion has produced the result that little of the cost of the em- ployer has reached the workman and that little only at large expense to the pulDlic. The remedy of the workman has been uncertain, slow and inadequate. Injuries in 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 wage-worker. The State of "Washington, there- fore, exercising herein its police and sovereign power, declares police that all phases of the premises are withdrawn from private con- power. troversy, and sure and certain relief for workmen, injured in extra-hazardous work, and their families and dependents is hereby provided regardless of questions of fault and to the ex- clusion of every other remedy, proceeding or compensation, ex- cept as otherwise provided in this act; and to that end all civil actions and civil causes of action for such personal injuries and all jurisdictions of the courts of the state over such causes are Abolishes hereby abolished, except as in this act provided. (L. '11, Ch. 74.) causes of ACT has no extra-territorial effect. (Op. Atty. Gen., July 15, 1915, August 2, 1921.) ACTION cannot be maintained for damages by employees in the industries enumerated, except in Section 3 where a right of Industrial Insurance action for injuries away from the plant through the negligence of a third person is permitted. (Op. Atty. Gen., March 2, 1916. Peet v. Mills, 76 W. 437.) ADMIRALTY and Interstate Commerce are under Federal juris- diction and outside the scope of the act. (See Section 18 and Notes.) CAUSES OP ACTION withdrawn from courts. (Repogle v. Seattle, Bist. No. 1, 84 W. 581.) INDUSTRIAL INSURANCE ACT is a valid exercise of police power, (State v. Mountain Timber Co., 243 U. S. 219), and is con- stitutional in all respects, (State ex rel. Davis-Smith Co. v. Clausen, 65 W. 156), (Stertz v. Ind. Ins. Com., 91 W. 588), (State v. Postal Telegraph Cable Co., lOU W. 630), (State ex rel. Pratt v. Seattle, 73 W. 396). JURY TRIAL may be dispensed with under act without viola- tion of constitutional guaranty. (Raymand v. C, M. & St. P. Ry. Co., 233 Fed. 239.) Extra hazardous occupations. Hearings for deter- mining extra hazardous occupations. Sec. 6604-2. Enumeration of Extra Hazardous Works. There is a hazard in all employment, but certain employ- ments have come to be, and to be recognized as being, inher- ently constantly dangerous. This act is intended to apply to all such inherently hazardous works and occupations, and it is the purpose to embrace all of them, which are within the legislative jurisdiction of the state, in the 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, electrotyping, photo-engraving and stereotyping plants where machinery is used; foundries, blast furnaces, mines, wells, gas works, water works, reduction works, breweries, elevators, wharves, docks, dredges, smelters, powder works; laundries operated by power; quarries; engineering works; logging, lum- bering and ship-building operations; logging, street and interur- ban railroads; building being constructed, repaired, moved or de- molished; telegraph, telephone, electric light or power plants or lines, steam heating or power plants, steamboats, tugs, ferries and railroads, general warehouse and storage; transfer, dray- age and hauling; warehousing and transfer; fruit warehouse and packing houses. 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 herinafter created, upon the basis of the relation which the risk involved bears to the risks classified in section 4. The director of labor and industries through and by means of the division of industrial insurance shall have power, after hearing had upon its own motion, or upon the application of any party Interested, to declare any occupation or work to be extra-hazardous and to be under this act. The director of labor review. Medical Aid and Safety Acts and industries shall fix the time and place of such hearing, and shall cause notice thereof to be published once at least ten days before the hearing in at least one daily newspaper of general cir- culation, published and circulated in each city of the first class in this state. No defect or inaccuracy in such notice or in the publication thereof shall invalidate any order issued by the director of labor and industries after hearing had. Any person affected shall have the right to appear and be heard at any such hearing. Any order, finding or decision of the director of labor and industries made and entered under the foregoing provisions of this act shall be subject to review by the courts within the time Court and in the manner specified in section 6604-20, and not other- wise. (L,. '21, Ch. 182.) ADMIRALTY JURISDICTION. (See Sec. 18). AGRICULTURAL, WORK and work incidental thereto, such as land clearing by farm hands working part of the day at their farm duties, is not within the scope of the act. (Op. Atty. Gen., Sept. 8, 1911) ; but the operation of a, box factory, creamery and machine shop contained within the boundaries of a farm and land clearing by farm hands devoting their entire time to it, is covered. (Op. Atty. Gen., July 15, 1915). BASEBALL teams maintained by employers for advertising purposes are not engaged in an extra-hazardous business under the act. (Op. Atty. Gen., June 7, 1915). COOKS working in such proximity to the operation of an em- ployer engaged in an extra-hazardous occupation as to be subject to the hazard are under the act; in other cases cooks working for such employers will be within the scope of the act where the commission Is notified before any injury and premiums are paid. (Resolution of Commission, Nov. 24, 1920). ELEVATORS operated in office, hotel and public buildings are not within the scope of the act. (Guerrieri v. Ind. Ins. Com.. 84 W. 266), but where operated in connection with an enterprise of an extra-hazardous nature, elevators are included under the main operation. (Op. Atty. Gen., Sept. 5, 1911). EMPLOYEES OF DEPARTMENT STORES, rental Arms, and other employers whose business is not extra-hazardous are never- theless under the act if they are individually engaged in extra- hazardous work, such as carpentry, making alterations and repairs, etc. (Wendt v. Ind. Ins. Com., 80 "W. Ill), (State v. Business Prop- erty Security Co., 87 W. 627). FARMERS' TELEPHONE LINES, incorporated, unincorporated, mutual or otherwise are under the act. (Op. Atty. Gen., March 18, 1915). FEDERAL EMPLOYEES are not covered by act. (See Sec. 17 with notes). FOREST FIRE PATROLMEN are not covered by the act. (Op. Atty. Gen., Mar. 2, 1916). INSPECTORS of mines, industrial plants, etc., are not within the scope of the act, (Op. Atty. Gen., Oct. 7, 1913); either where employed by the state or by private parties in other occupations than the one inspected. (Op. Atty. Gen., Mar. 30, 1916). IRRIGATION company engaged in the construction of a canal and operation of a stone crusher is an employer engaged in extra- hazardous work. (Op. Atty. Gen., June 4, 1914). Industrial Insurance- Definitions. Factory. Workshop. Mine. Quarry. Engineering worlc. JANITOR at worli in an elevator shaft is not under the act. (Remsmider v. Union Savings & Trust Co., 89 W. 87). JUNK handling was brought under the act by resolution and hearing and listed in Class 6. (Resolution of Commission, Dec. 2, 1919). LABOR contractors and piece workers. (See Sec. 4 and notes). OFFICE EMPLOYEES not exposed to hazard, do not come under the act. (Op. Atty Gen., Feb. 13, 1914). STATE, CITY AND COUNTY EMPLOYEES doing extra-hazard- ous work are under the act. (Op. Atty. Gen., Nov. 6, 1913). (See Sec. 17 and notes). STEAM HEATING PLANTS in hotels, apartment houses and public buildings are not under the act, but commercial steam plants selling heat are covered. (Op. Atty. Gen., Sept. 8, 1911). WATCHMEN are ordinarily covered, but a watchman employed by receiver for a sawmill not in operation is not under the act. (Op. Atty. Gen., Mar. 30, 1916). WINDOW^ W^ ASHING was brought under the act by resolu- tion and hearing, and listed in Class 5. (Resolution of Commis- sion, Dec. 2, 1919). Work on Federal reservations and property. (See Sec. 17 and notes). WORKMEN. Contract of employment written, verbal or im- plied is necessary to bring a workman under the act. (Hillestad V. Ind. Ins. Com., 80 W. 426). Sec. 6604-3. Definitions. In the sense of this act words employed mean as here stated, to-wit : Factories mean undertakings in which the business of work- ing at commodities is carried on with power-driven machinery, either in manufacture, repair or change, and shall include the premises, yard and plant of the concern. Workshop means any plant, yard, premises, room or place wherein power-driven machinery is employed and manual labor is exercised by way of trade for gain or otherwise in or inci- dental to the process of making, altering, repairing, printing or ornamenting, finishing or adapting for sale or otherwise any article or part of article, machine or thing, over which premises, room or place the employer of the person working therein has the right of access or control. Mill means any plant, premises, room or place wherein machinery is used, any process of machinery, changing, altering or repairing any article or commodity for sale or otherwise, to- gether with the yards and premises which are a 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 manufacturing, building or construction purposes. Engineering work means any work of construction, improve- ment or alteration or repair of buildings, structures, streets. Medical Aid and Safety Acts highways, sewers, street railways, railroads, logging roads, in- terurban railroads, harbors, docks, canals; electric, steam or water power plants, telegraph and telephone plants and lines, electric light or power lines, and includes any other works for the construction, alteration or repair of which machinery driven by mechanical power is used. Except when otherwise expressly stated, employer means any person, body of persons, corporate or otherwise, and the legal personal representatives of a deceased employer, all while en- gaged in this state in any extra-hazardous work or who contracts with another to engage in extra-hazardous work. Workman means every person in this state, who is engaged in the employment of any employer coming under this act whether by way of manual labor or otherwise, and whether upon the premises or at the plant or, he being in the course of his employment, away from the plant of his employer: Provided, however, That if the injury to a workman occurring away from the plant of his employer is due to the negligence or wrong of another not in the same employ, the injured workman, or if 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 ad- vance of any suit under this section; and if he take under this act, the cause of action against such other shall be assigned to the state for the benefit of the accident fund; if the other choice is made, the accident fund shall contribute onjy the de- ficiency, if any, between the amount of recovery against such third person actually collected, and the compensation provided or estimated by this act for such case. Any such cause of action assigned to the state may be prosecuted, or compromised by the department, in its discretion. Any compromise by the workman of any such suit, which would leave a deficiency to be made good out of the accident fund, may be made only with the written approval of the department. Any individual employer or any member or oflBcer of any corporate employer who shall be carried upon the payroll at a salary or wage not less than the average salary or wage named in such payroll and who shall be injured, shall be entitled to the benefit of this act as and under the same circumstances as and subject to the same obligations as a workman: Provided, That no such employer or the beneficiaries or dependent of such employer shall be entitled to benefits under this act unless the director of labor and industries prior to the date of the injury has received notice in writing of the fact that such employer is being carried upon the payroll prior to the date of the injury as the result of which claims for compensation are made. Dependent means any of the following named relative of a workman whose death results from any injury and who leaves Employer Workman. Election of remedies. Compro- mises. Employer entitled to benefits. Dependent. Industrial Insurance Benefioi&rj'. Invalid. Child. Injury. Educaiional standard. surviving no widow, widower, or child under the age of sixteen years, viz.: Invalid child over the age of eighteen years, daughter between sixteen and eighteen years of age, father, mother, grand- father, grandmother, stepfather, stepmother, grandson, grand- 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 support upon the earnings of the workman. Except where otherwise provided by treaty, aliens other than father or mother, not residing within the United States at the time of the accident, are not included. Beneficiary means a husband, wife, child or dependent of a workman, in whom shall vest a right to receive payment under this act. Invalid means one who is physically or mentally incapac- itated from earning. The word "child" as used in this act, incudes a posthumous child, a stepchild, 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 dis- tinguished from the contraction of disease. The term "educational standard" shall mean such standards as the supervisor of safety shall make for the purpose of educa- ting and training both employer and workman in the apprecia- tion and avoidance of danger, and in the maintenance and proper use of safe place and safety device standards. (L. '21, Ch. 182.) ACCIDENTS. (See notes under "Fortuitous event"). BENEFICIART. (See notes under "Dependents"). CHILD. (See notes under "Dependents"). DEFINITIONS. The definitions in this section are conclusive. (State v. Postal Telegraph Cable Co., 101 W. 630). DEPENDENTS. A wife and children are conclusively pre- sumed to be dependents under this section but with others there must be a substantial need on one side and a substantial finan- cial recognition of that need on the other side, to make out a case of dependency under the statute. (John Kanton v. Albert Kelly, 65 W. 614); (Bortle v. N. P. Ry., 60 W. 552). One who lived with deceased as his wife, believing herself lawfully married is not a dependent or widow. (Meton v. Indus- trial Ins. Dept., 104 W. 652), nor is a picture bride; nor a divorced wife .receiving alimony. (Op. Atty. Gen., May 16, 1912); nor is a stepson, (Op. Atty. Gen., Nov. 13, 1914); but divorce does not affect the right of children. (Op. Atty. Gen., May 16, 1912) ; nor does remarriage, (Op. Atty. Gen., June 14, 1913). A daughter of a deceased workman is not a dependent within the meaning of the act after the age of sixteen years, except in case she be an invalid, in which event the age limit is raised to eighteen years. (Op. Atty. Gen., Apr. 4, 1916). A widow with an adopted child prior to her second marriage is not entitled to com- pensation for such minor child on account of a fatal injury to her husband. (Op. Atty. Gen., Nov. 13, 1914). An allowance lor a Medical Aid and Safety Acts child ceases with the death of the child. (Op. Atty. Gen , May 15 1914). When a workman makes a, statement that he has a wife or wife and children under the age of sixteen years, but is living apart from them, the department requires an affidavit from the workman to show that he is contributing to their support, and in the absence of satisfactory proof he is rated on the basis of an unmarried man. (Rules of Commission, Aug. 4, 1913). EMPLOYER. Employer includes owner, contractor, subcon- tractor, agent, municipality, (See Sec. 17), residence outside of state being immaterial; but the act has no application where the United States is employer. (Op. Atty. Gen., Sept. 20, 1911. (Notes to Sec. 17). CoSperative plants, when incorporated must report on mem- bers working. (Op. Atty. Gen., June 19, 1915). The election, of an employer to bring himself under the act must be received before injury. (Op. Atty. Gen., Oct. 25, 1920). EXTRA-HAZARDOUS. The hazard of the business or enter- prise determines the application of the act rather than the degree of hazard to which the individual workman is subjected. Hazard- ous departments are the unit of contribution, even though embrac- ing employees rarely in danger of injury. (Op. Atty. Gen., Sept. 8, 1911). An employee whose usual work is not extra-hazardous but who is assigned to duties under the act temporarily, is covered by the act in case of injury. (Repogle v. Seattle School Dist. No. 1, 84 W. 581). (See "Employee" footnote Sec. 4). FORTUITOUS EVENT. While no technical meaning is placed upon the word "accident," to entitle a, claimant to compensation under the act, there must be a traumatic injury caused by some fortuitous event. Thus hernia caused by a, strain while a man is following his usual work is held to be covered, (Zappala v. Ind. Ins. Com., 82 W. 314), likewise sunstroke sustained in the course of usual work, (Op. Atty. Gen., Sept. 19, 1916), and injuries to a street-car conductor from assault by a passenger. Also an em- ployee killed by a, shot while in charge of a logging train is under the act. (Stertz v. Ind. Ins. Com., 91 W. 588). HERNIA. Rules of commission governing: RULES OF COMMISSION GOVERNING HERNIA CASES. By virtue of the provisions of Sec. 24, Ch. 74, Laws of 1911, the Industrial Insurance Department hereby formulates and establishes the following rules governing compensation of claim- ants who have suffered hernia as a result of an accident during their employment: Rule I. (a) There must be an accident resulting in hernia. (b) It must appear suddenly. (c) Be accompanied by pain. (d) Immediately follow an accident. (e) There must be proof that the hernia did not exist prior to the accident. 10 Industrial Insurance Rule n. All hernlse, inguinal or femoral, which are shown to come under Rule I, while the workman is engaged in his usual occupa- tion and in the course of his employment, shall be treated in a surgical manner by radical operation. If death results from such operation, the death claim shall be paid and considered as a result of the accident. On these cases, time loss only, shall be paid, unless It is shown by special examination that they have a permanent par- tial disability resulting after the operation. If so, it will be estimated and paid. Time loss between the date of accident and the date of operation will not be allowed if longer than five days. Rule ni. The hernia claimant whose case comes under Rules I and II, who persists in wearing a truss instead of being operated, puts himself in the same position as the man with the fractured leg who refuses surgical attention. The Commission may order him before a competent anethetist to determine if he can safely take an anesthetic. If so, he must be operated to receive his time loss during the recovery from operation. If, however, it is shown that he has some chronic disease that renders it un- safe for him to take an anesthetic, his disability will be esti- mated as a permanent partial disability and claim settled as such. INJURY. (See note under "Fortuitous event"). (See also note on "Third person"). PREMISES. A carpenter on his way to a toilet is engaged in his duties and on the premises, (Welden v. Skinner & Eddy Corp., 103 W. 243), and also a workman who is injured cranking his car as he is preparing to leave the plant after his day's work. (Op. Atty. Gen., Oct. 2, 1919). A city bridge over wires and tracks of an electric railway company, over which the city had exclusive control for repairs is part of the premises or plant of the city, and no action will lie against the railway company. (Zenor v. Spo- kane & Inland Empire Ry. Co., 109 W. 755), and a man in the ser- vice of the city who is injured on the lines of a public service cor- poration is considered at the plant at the time of the injury. (Op. Atty. Gen., Apr. 21, 1914). THIRD PERSON. Injury by, away from plant of employer. The proviso authorizing an election of remedies is constitutional. (Stertz V. Ind. Ins. Com., 91 W. 588), (Peet v. Mills, 76 W. 437), and includes an assault by a third person. A transfer man is held not to be away from the premises when he is on his wagon. (Op. Atty. Gen., Aug. 15, 1915). The proviso is to be liberally construed for the benefit of the workman, and an oiler working on the tracks of a street railway is away from the plant of his employer for the purpose of suit against a third person. (Carlson v. Mock, 102 W. 557). The commission must await the termination of suit before making any payment to a workman who elects to sue a third person. If a claimant electing to sue, collects an amount less than the compensation allowed under the "Workmen's Compensation Act, Medical Aid and Safety Acts he is entitled to compensation under said act. (Op. Atty. Gen., Jan. 19, 1920). No right of action against third person if election is made to talce action under act. Suit cannot be brought against third person on account of injuries sustained at plant of employer. (Meese v. N. P. Ry., 206 Fed. 222). WIDOW. (See notes on "Dependents"). WORKMAN. A contract of employment, written, verbal or implied is necessary to bring a workman under the act, (Hillstad V. Ind. Ins. Com., 80 W. 426), Student employees of street-car com- panies are workmen, (Op. Atty. Gen., Oct. 28, 1914), and soldiers taking vocational training are considered to be paid $50.00 per month where compensation is in the form of instruction. (Ruling of Commission, Dec. 8, 1920), but a minor son working for his father without wages is not a workman. A minor child employed in violation of law is still a workman under the meaning of the act. (Rasi v. Howard Mfg. Co., 109 W. 524). WORKSHOP OR FACTORY. A gas company's office in which a, clerk operates a power driven machine to make stencils for printing bills is a factory or workshop under the act. (Gowey v. Seattle Lighting Co., 108 W. 479). Likewise a carpenter shop in a department store for making repairs is a. workshop. (Wendt v. Ind. Ins. Com., 80 W. 111). Sec. 6604-4. Schedule of Contributioii. Insomuch as industry should bear the greater portion of the burden of the cost of its accidents, each employer shall, prior to January 15th of each year, pay into the state treasury, in accordance with the following schedule, a sum equal to a percentage of his total payroll for that year, to-wit: (the same being deemed the most accurate method of equitable distribution of burden in proportion to relative hazard) : Rates herein specified were fixed by the 1911 Legislature. (For 1921 rates, see footnote.) 11 Contribution schedule. Construction Work. Tunnels; bridges; trestles, sub-aqueous works; ditches and canals (other than irrigation without blasting) ; dock excavation; fire escapes; sewers; house moving; house wrecking **^^ Iron, or steel frame structures or parts of structures 080 Electric light or power plans or systems; telegraph or tele- phone systems; pile driving; steam railroads 050 Steeples, towers or grain elevators, not metal frames; dry- docks without excavation; jetties; breakwaters; chim- neys; marine railways; water works or systems; elec- tric railways with rock work or blasting; blasting, erect- ing fireproof doors or shutters 050 Steam heating plants; tanks, water towers or windmills, not metal frames "*•' Shaft sinking '^^^ Construction work. 12 I nd lost rial Insurance Concrete buildings; freight or passenger elevators; flre- prooflng of buildings; galvanized iron or tin works; gas works, or systems; marble, stone or brick work; road making with blasting; 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 buildings 035 Ship or boat building or wrecking with scaffolds; floating docks 045 Carpenter work not otherwise specified 035 Installation of steam boilers or engines; placing wires in conduits; installing dynamos; putting up belts for machinery; marble, stone or tile setting, inside work; mantel setting; metal ceiling work; mill or ship wright- Ing; painting of buildings or structures; installation of automatic sprinklers; ship or boat rigging; concrete lay- ing in floors; foundations or street paving; asphalt lay- ing; covering steam pipes or boilers; installation of machinery not otherwise specified 030 Drilling wells; installing electrical appartus or fire alarm systems in buildings; house heating or ventilating sys- tems; glass setting; building hot houses; lathing; paper hanging; plastering; Inside plumbing; wooden stair building; road making 020 Operation and repairs. Power driven machinery. Operation (Including Repair Wobk) of (All combinations of material takes the higher rate when not otherwise provided.) Logging railroads; railroads; dredges; interurban electric railroads using third rail system; dry or floating docks .050 Electric light or power plants; interurban electric railroads not using third rail system; quarries 040 Street railways, all employees; telegraph or telephone sys- tems; stone crushing; blasting furnaces; smelters; coal mines; gasworks; steamboats; tugs; ferries 030 Mines, other than coal; steam heating or power plants 025 Grain elevators; laundries; water works; paper or pulp mills ; garbage works 020 Factories Using Poweb-Dbiven Machinery. Stamping tin or metal 045 Bridge work; railroad car or locomotive making or repair- ing; cooperage; logging with or without machinery; saw mills; shingle mills; staves; veneer; box; lath; packing cases; sash, door or blinds; barrel, keg, pail; basket; Medical Aid and Safety Acts 13 tub; wooden ware or wooden fibre ware; rolling mills; making steam shovels or dredges; tanks, water towers; asphalt, building material not otherwise specified; ferti- lizer; cement; stone with or without machinery; kind- ling 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 specified; hardware; tile, brick; terra cotta; fire clay; pottery, earthen ware; porcelain ware; peat fuel; briquettes 020 Breweries; bottling works; boiler works; foundries; machine shops not otherwise specified 020 Cordage; working in foodstuffs, including oils, fruits and vegetables; working in wool, cloth, leather, paper, broom, brush, rubber or textiles not otherwise specified .015 Making jewelery, soap, tallow, lard, grease, condensed milk .015 Creameries; printing; electrotyping; photo-engraving; en- graving, lithographing 015 Miscellaneous "Work. Stevedoring; longshoring 030 jvrisceiian- Operating stock yards, with or without railroad entry; eous. packing houses 025 Wharf operation; artificial ice, refrigerating or cold storage plants; tanneries; electric systems not otherwise spec- ified 020 Theatre stage employees 015 Fire works manufacturing 050 Powder works 100 The application of this act as between employers and work- men shall date 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 preliminarily collected upon the payroll of the last preceding three months of operation. At the end of each year Adjustment an adjustment of accounts shall be made upon the basis of the actual payroll. Any shortage shall be made good on or before February 1st, following. Every employer who shall enter into business at any intermediate day, or who shall resume operations in any work or plant after the final adjustment of his payroll in connection therewith, shall, before so commencing or resum- ing operations, as the case may be, notify the director of labor and industries of such fact, accompanying such notifica- tion with an estimate of his payroll for the initial year or por- tion thereof, and shall make payment of the premium on such estimated payroll for the first three months of operations. Every such employer shall be liable for a premium of at least three of accounts. 14 Industrial Insurance Payrolls furnished department. Record of employmaht. Exclusions from payrolls. Penalty for failure to make reports Penalty for failure to furnish payroll. Payments according to classifi- cation. dollars Irrespective of the amount of his payroll. An adjustment upon such payroll shall be made as in other cases. Every employer within the provisions of this act shall on or before the fifteenth day of January, the fifteenth day of May and the fifteenth day of September of each year furnish the de- partment with a true and accurate payroll showing the aggre- gate number of work days, that is men-days, during which workmen were employed by him during the four preceding cal- ender months, the total amount paid to such workmen during said tour months, and a segregation of employment in the dif- ferent classes provided in this act. The sufficiency of such state- ment shall be subject to the approval of the director of labor and industries. Every employer shall keep at his place of business a record of his employment from which the above information may be obtained and such record shall at all times be open to the in- spection of the director of labor and industries, supervisor of industrial insurance, or the traveling auditors, agents or as- sistants of the departments, as provided in section 6604-15 of Rem. & Bal. Code. In all cases where partners or other persons are excluded on the payroll such statement shall state both the names and occupations of the parties excluded and no such persons shall be entitled to compensation unless notice in writing that such excluded person has been included is received by the depart- ment prior to the date of injury to such person. Such employer shall at the time of reporting his payroll also state the names and addresses of any contractor or sub-contractor operating for or under him. Every person, firm or corporation who shall fail to keep such record or fail to make such report in the manner and at the time herein provided shall be subject to a penalty of one hundred dollars ($100.00) for each such offense, to be collected by civil action in the name of the state and paid into the accident fund. Every employer who shall fail to furnish an estimated payroll and make payments as above provided shall be liable to a pen- alty in three times the amount of the premium on such payroll, to be collected in a civil action in the name of the state, and paid into the accident fund. The director of labor and industries may waive the whole or any part of such penalty. For the purpose of such payments accounts 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 accidents happening in any other class. Each class shall meet and be liable for the accidents occurring In such class. There shall be collected from each class as an initial payment into the accident fund as above specified on or Medical Aid and Safety Acts 15 before tbe first day of October, 1911, one-fourth of the premium of the next succeeding year, and one-twelfth thereof at the close of each month after December, 1911: Provided, Any class having sufficient funds credited to its account at the end of the first three months or any month thereafter, to meet the require- ments of the accident fund, that class shall not be called upon for such month. In case of accidents occurring in such class after lapsed payment or payments said class shall pay the said lapsed or deferred payments commencing at the first lapsed payment, as may be necessary to meet such requirements of the accident fund. The fund thereby created shall be termed the "accident fund" which shall be devoted exclusively to the pur- pose specified for it in this act. In that the intent is that the fund created under this section shall ultimately become neither more nor less than self-support- ing, exclusive of the expense of administration, the rates named in this section are subject to future adjustment by the director of labor and industries in accordance with any relative increase or decrease in hazard shown by experience, and if in the adjust- ment of the director of labor and industries the moneys paid into the fund of any class or classes shall be insufficient to properly and safely distribute the burden of accidents oc- curring therein, the department may divide, rearrange or con- solidate such class or classes, making such adjustment or trans- fer of funds as it may deem proper. It shall be unlawful for the employer to deduct or obtain any part of the premium required by this section to be by him paid from the wages or earnings of his workmen or any of them, and the making or attempting to make any such deduction shall be a gross misdemeanor. The director of labor and industries shall on or before the first day of January, 1920, and annually there- after make corrections of classifications as between classes of industries if and as experience shall show error or inaccuracy, therein. From the original classification or premium rating or any change made therein any employer claiming to be ag- grieved may upon application have a hearing before the director of labor and industries upon notice to the interested parties and in the manner provided in section 6604-20, a review by the courts. If, at the end of any year, it shall be seen that the contribution to the accident fund by any class of industry shall be less than the drain upon the fund on account of that class, the deficiency shall be made good to the fund on the first day of February of the following year by the employers of that class in proportion to their respective payments for the past year. For the purpose of such payment and making good of deficit the particular classes of industry shall be as follows: (For 1921 classifications and rates, see footnote.) Calls, when omitted. Accident fund. Future ad- justment of rates. Deductions from wages a misde- meanor. Correction of classifi- cation. Fund deficits to be made good. Classifica- tion for deficit purposes. 16 Industrial Insurance CONSTRUCTION WORK. Class 1. Tunnels; sewer; shaft sinking; drilling -nells. Class 2. Bridges; mill wrighting; trestles; steeples, towers or grain elevators not metal framed; tanks; water towers; windmills not metal framed. Class 3. Sub-aqueous 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; fireproof ing of buildings; galvanized iron or tin work; marble, stone or brick work; roof work; slate work; plumbing work; metal smoke- stacks or chimneys; advertising signs; ornamental metal work in buildings; carpenter "work not otherwise specified; marble, stone or tile setting; mantel setting; metal ceiling work; painting of build- ings 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 systems, telegraph or telephone systems; cable or electric railways with or without rock work or blasting; water works or systems; steam heating plants; gas works or systems; installation of steam boilers or engines; placing wires in conduits; installing dynamos; putting up belts for machinery; installation of automatic sprinklers; covering steam pipes or boilers; installation of machinery not otherwise specified; installing electric apparatus or fire alarm systems in buildings; house heating or ventilating systems. Class 7. Steam railroads; logging railroads. Class 8. Road making; street or other grading; concrete lay- ing in street paving; asphalt laying. Class 9. Ship or boat building with scaffold; ship wrighting; ship or boat rigging; floating docks. OPERATIONS (INCLUDING REPAIR WORK) OF Class 10. Logging; saw mills; shingle mills; lath mills; masts and spars with or without machinery. "Class 11." Omitted by the legislature. Class 12. Dredges; dry or floating docks. Class 13. Electric light or power plants or systems; steam heat or power plants or systems; electric systems not otherwise specified. Class 14. Street railways. Class 15. Telegraph systems; telephone systems. Class 16. Coal mines. Class 17. Quarries; stone crushing; mines other than coal. Class 18. Blast furnaces; smelters; rolling mills. Class 19. Gas works. Class 20. Steamboats; tugs; ferries. Class 21. Grain elevators. Class 22. Laundries. Class 23. Water works. Class 24. Paper or pulp mills. Class 25. Garbage works; fertilizer. Class 26. Stamping tin or metal. Class 27. Bridge work;' making steam shovels or dredges; tanks; water towers. Class 28. Railroad car or locomotive making or repairing. Class 29. Cooperage; staves: veneer; box; packing cases; sash, door or blinds; barrel; keg; pail; basket: tub: wood ware Medical Aid and Safety Acts 17 working in wood or wood fibre ware; kindling wood; excelsior; not otherwise specified. Class 30. Asphalt. Class 31. Cement; stone with or without machinery; building material not otherwise specfled. Class 32, Canneries of fruit or vegetables. Class. 33. . Canneries of fish or meat products. Class 34. Iron, steel, copper, zinc, brass or lead articles in wares; hajdware; boiler works; foundries; machine shops not otherwise specified. Class 35. Tile; trick; terra cotta; fire clay; pottery; earthen ware; porcelain ware. Class 36. Peat fuel; briquettes. Class 37. Breweries; bottling works. Class 38. Cordage; working in wool, cloth, leather, paper, brush, rubber or textile not otherwise specified. Class 39. "Working in foodstuffs, including oils, fruits, vege- tables. Class 40. Condensed milk, creameries. Class 41. Printing; electrotyping; photo-engraving; engrav- ing; lithographing; making jewelry. Class 42. Stevedoring; longshoring; wharf operation. Class 43. Stock yards; packing houses; making soap, tallow, lard, grease, tanneries. Class 44. Artificial ice, refrigerating or cold storage plants. Class 45. Theatre stage employees. Class 46. Fireworks manufacturing; powder ^vorks. Class 47. Creosoting works; pile treating works. If a single establishment or work comprises several occupa- tions listed in this section in different risk classes, the premium shall he computed according to the payroll of each occupation it clearly separable; otherwise an average rate of premium shall be charged for the entire establishment, taking into considera- tion the number of employees and the relative hazards. In computing the payroll the entire compensation received by every workman employed in extra hazardous employment shall be included, whether it be in the form of salary, wage, piece work, overtime, or any allowance in the way of profit-sharing, premium or otherwise, and whether payable in money, board or otherwise. (L. '19, Ch. 131.) (Notes to Sec. 4). Premiums for estab- lishment comprising different risks. Industrial Classifications and Basic Rates Authorized by the IndnS' trial Insurance Division of the Department of Labor and Industries. * Subject to change annually. ' (See Sec. 4). Effective January 1st, 1921. CLASS 1. 1-1 Ditches and canals (not otherwise specified) 3% Excavations (not otherwise specified) 3% Pipe laying (not otherwise specified) 3% Grading (not otherwise specified) . , .3% Diking ■•^% 1-2 Drilling wells 4% 1-3 Shaft sinking (not otherwise specified) 6% 'Digging wells ...» 6% 18 Industrial Insurance 1-4 Sewers (including all operations incidental to sewer con- struction; pipe laying, back filling, etc.) 4% Side sewers 4% Conduit construction 4% Water main construction (includes all operations inciden- tal to water main construction; pipe laying, back filling) 4% Trenches, ditches, excavations where depth is greater than width i% 1-5 Tunnels (not otherwise specified). Includes lining of tun- nels 4% 1-6 Tunnels, railroad (includes lining of tunnels) 6%% 1-7 Land clearing (includes clearing by all methods) 3%% Clearing rights of way for roads and railroads 3%% Clearing rights of way (not otherwise specified) 3%% Grubbing stumps (includes grubbing stumps by all methods) 3%% 1-8 Railroad construction (not otherwise specified 3% (excludes all bridge and trestle work). CLASS 2 2-1 Bridges and bridge work 5% Steel bridges 5% Concrete bridges 5% Wooden bridges 5% Concrete or other types of culverts with span greater than 12 feet 5% Bridge foundations 5% Sub-aqeous work 5% Trestles, framed or pile 5% Pile driving 5% (Includes all operations incidental to bridge building.) Breakwaters and jetties 5% Marine railways 5% 2-2 Tanks, towers (wood) 5% Grain elevators (wood) .■ 5% Wind mills (wood) 5% (Includes all operations incidental to this class of con- struction work.) NOTE. — This is exclusively a construction class. Filling bridge approaches after completion of structure, classi- fy as 8-2. Concrete culverts with span less than 12 feet, classify as 5-6. Sub-class 2-1 includes all operations incidental to bridge construction. No operation in the mixing of concrete, or any carpenter work is to take the 3% rate. Millwrighting (see Class 6-3). CLASS 5 5-1 Window washing (excludes domestic servants regularly employed for other purposes) 3% Washing or cleaning buildings 3% 5-2 Brick work 3% Stone work 3% Marble, tile, terra cotta joj^ Chimneys (brick) 3% Slate work 3% 5-3 Plumbing 1^ Installation of heating and ventilating systems 1% Furnaces (installation in buildings) 1% Medical Aid and Safety Acts 19 5-4 Painting ^^ Sign painting 30, ^'■f'=°'"^ '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.3%% Kalsomining ^m 5-5 Carpenter work (not otherwise speciHed) 3% Building hothouses 3% Wooden stair building ^% Lathing ^m House wrecking and moving 3% Store or bank fixtures (installation) 3% Advertising signs (wood) 3% Elevators, freight or passenger (installation) 3% Ornamental metal work 3% Galvanized iron and tin work 3c/ Fireproof doors and shutters 3% Demolishing structures 30/ 5-6 Concrete construction (not otherwise specified) 3% Concrete plain and reinforced (not otherwise specified). . .3% Concrete floors and foundations (not otherwise specified). 3% Chimneys (concrete) 30^ 5-7 Plastering 1%% Paper hanging lMi% Floor composition (hot or cold) lVi% Mantel setting 1%% Tile setting in floors 1%% 5-8 Iron and steel structures (not otherwise specified) S% Tanks, metal (erection) 8% Chimneys, metal (erection) s% Steeples (construction) 8% Fire escapes 8% 5-9 Hardwood floors (laying) %% NOTE. — The building trades carry their own hazard. Separate classifications for same trade such as inside or outside work are abolished. CLASS 6 6-1 Electric apparatus (installing in buildings) 1%% Electric wiring (inside) 1%% Automatic sprinklers ( installation) 1%% Conduit work (excludes construction of conduit) 1%% Fire alarm systems (installation) 1%% 6-2 Electric railway construction 3^% Street railway construction (including cable) 3^% (Excludes grading and bridge work.) Telegraph and telephone (construction) 3%% Transmission lines (construction) 3%% 6-3 Installation of machinery (not otherwise specified) 3% Dynamo installation 3% Covering steam pipes and boilers 3% Gas engines (installation) 3% Boilers or engines, steam (installation) 3% Belts, pulleys, shafting (installation) 3% 6-4 Junk dealers 2% NOTE. — This is exclusively a construction and installation class. Construction of conduits to be properly classified in Class 1. Grading in connection with railw^ays class- ify as Class 8-2. Millwrighting will generally be classi- fied as 6-3. Construction of power plants to be properly segregated into brick, carpenter, concrete work, etc. 20 Industrial Insurance CLASS 7 Class 7-1 and 7-2 consolidated into Class 1 as Class 1-7 and Class 1-S respectively. CLASS 8 8-1 Street and highway paving (construction) 2% Asphalt paving 2% Brick paving 2% Block paving (wood, stone) 2% Concrete paving 2% Bituminous pavements (all types) 2% Asphalt mixing 2% Concrete sidewalks 2% Plank sidewalks 2% Road and highway pavements (not otherwise specified) . .2% Plank road and street construction 2% 8-2 Street, road, highway grading .3% 8-3 Road and street maintenance 2% Road and street employees 2% Irrigation ditches (maintenance) 2% Ditches (maintenance) (not otherwise specified) 2% Engineers and surveyors (includes city, county or state engineers engaged in field work) 2% 8-4 Gravel bunkers (operation) 2% Sand bunkers (operation) 2% NOTE. — All paving and grading in this class is exclusively on construction work. All road work should be prop- erly segregated into clearing rights of way Class 1-7. Grading in S-2 applies exclusively to construction of the subgrade for streets and highways. Grading can be done by all methods, w^ith or without blasting. The means whereby a contractor builds a grade or excavates a foundation are Immaterial. The classification is de- termined by the nature of the work and not by the method employed. The operation of all gravel bunkers to be classified 8-4. CLASS 9 9-1 Ship or boat building (steel hulls) 2% Repair work on steel vessels 2% (Includes all operations incidental to this industry within shipyard.) 9-2 Ship or boat building (wooden hulls) 3% Repair work on wooden vessels s% (Includes all operations incidental to this industry within shipyard.) 9-3 Ship or boat building (concrete hulls) 3% Repair work on concrete vessels 301' (Includes all operations incidental to this industry within shipyard.) 9-4 Steamboats, tugs, ferries (operation) 3% NOTE. — Boat rigging is incidental to operation within ship- yard. Dry dock construction to be classified according to bridge work or excavation. Dry dock operations to be classed as an operation incidental to shipyard, and takes same basic rate as the shipyard of which It is a part. Floating dry docks are under admiralty jurisdic- tion. Medical Aid and Safety Acts 21 CLASS 10 10-2 Saw mills (east of Cascade Mountains 2% Saw mills (west of Cascade Mountains) 2% Planing mills 2% Planing mills (independent) 2% Lathing mills 2% Spars (with or without machinery) 2% 10-3 Shingle mills 2.2% 10-6 Creosote works 2%% Pile treating works 2 ^ % CLASS 11 11-1 Team and truck driving 2% (Includes all warehouses operated by transfer com- panies.) (Includes wood saws and all employees in fuel yards.) CLASS 12 12-1 Dredging (operation) 3%% NOTE. — Dry dock (operation) transferred to Class 9. Dredg- ing on navigable waters not under the act. CLASS 13. 13-1 Electric light and power plants (operation) 2%^ Electric systems (not otherwise specified) 2%% 13-2 Steam heat and power plants (operation) 2%% 13-3 Telephone and telegraph (operation and maintenance) . .2%^ (Excludes telephone and telegraph operators.) CLASS 14 14-1 Street railways (operation) 2% 14-2 Interurban railways (operation) 3% 14-3 Steam railroad operations (excludes logging railroads) . .3% CLASS 15 (Closed out) Telephone and telegraph transferred to 13-3. CLASS 16 16-1 Coal mines ' 3% (Includes shaft sinking and all tunnelling in connection with coal mines.) Coke ovens (operation) 3% (Excludes office force only.) CLASS 17 17-1 Gravel pits 4% 17-2 Mines (other than coal) 2%% (Includes shaft sinking and tunnelling in connection with mines other than coal.) Ore reduction (by wet or dry process at the mine) 2^4% 17-3 Quarries ^% Stone cutting (quarry hazard) 5% 17-4 Stone crushing 3% NOTE. Mines include all underground workings. Quarries Includes all stone and mineral quarried or mined by open pit method. Special designation of quarries as magnesite mines is dropped, classify all operations ac- cording to above methods. 22 Industrial Insurance CLASS 18 18-1 Blast furnaces (operation) 2%% Rolling mills (operation) 2%% Steel and iron making 2%% 18-2 Smelters (operation) 2%% Copper, lead, zinc, etc. (smelting) 2%^ CLASS 19 19-1 Gas works (operation) 1^% (Excludes meter readers, complaint men, solicitors and store room employees.) CLASS 21 21-1 Chop, feed, and flour mills (operation) 2% Seed cleaning 2% 21-2 Grain warehouse and elevators (operation) 2% 21-3 General warehouse and storage (operation) ^Vi% (Excludes operations in connection with Class 11.) 21-4 Fruit warehouses %% CLASS 22 22-1 Laundries (operation) m% Dye works and cleaners 1%% CLASS 23 23-1 "Water works (operation) 1%% NOTE. — All water main construction to be classified in Class 1-1. CLASS 24 24-1 Paper mills (operation) 2% Pulp mills (operation) 2% CLASS 29 29-1 Cooperage (manufacturing) 2%% Staves, barrel (manufacturing) 2^% Barrels, kegs, pails, etc. (manufacturing) 2^4% Baskets and tubs (manufacturing) 2%% 29-2 Sash, doors and blinds (manufacturing) 2% Glass setting 2% Beveling glass 2% Excelsior (manufacturing) 2% Veneering 2% Cabinet works (operation) (not otherwise specified) 2% Furniture manufacturing 2% Boxes and packing cases (manufacturing) 2% Wooden and fibre ware (manufacturing) 2% "Wood working (not otherwise specified) 2% Kindling wood 2% "Wood pipe (manufacturing) 2% NOTE. — Planing mills, which are a part of a sash and door factory, or, any other wood working industry specified in this class, will be considered as incidental to opera- tion of factory. CLASS 31 31-1 Building material (manufacturing) (not otherwise speci- fied) 2% Concrete blocks and tiles (independent of concrete con- struction) 2% Cement staves (independent of concrete construction) . . .2% Lime manufacture 2% Paint manuacture 2% Medical Aid and Safety Acts 23 31-2 Cement manufacture 2%^' 31-3 Stone handling and cutting (not quarry hazard) 2% Paving blocks (cutting) 2% NOTE. — Sand and gravel transferred to Class 8-4. CLASS 33 33-1 Fish canneries (operation) 2% 33-2 Fish oil manufacture 2% Fish products (not otherwise specified) 2% NOTE. — Cannery operators are ruled to be primarily respons- ible for contribution due on oriental or white contract labor. CLASS 34 34-1 Auto repair shops (operation) 1%% Auto garages (operation) 1>^% Vulcanizing tires and tubes 1%% 34-2 Machine shops (operation) 1%% 34-3 Blacksmith shops (operation) 2% Boiler works (operation) 2% Foundries (operation) 2% Wood working (incidental to car and machine building). 2% 34-4 Metal working trades (not otherwise specified) 2% Sheet metal (manufacturing) 2% Metal stamping 2% Tin stamping 2% Hardware manufacturing 2% Galvanized iron works 2% 34-5 Aeroplane pilots and instructors 10% NOTE. — Car making and repairing, locomotive making and re- pairing, steam shovel making, all of this class of work to be properly segregated into machine shop, boiler, black- smitli, p.nd foundry work. Special care must be taken in segregating payrolls in this class. CLASS 35 35-1 Brick and tile (manufacturing) 1%% Barthernware (manufacturing) 1%% Porcelain (manufacturing) 1%% Fireclay (manufacturing) 1%% Terra cotta (manufacturing) I'AVc Pottery (manufacturing) 1%% 35-2 Briquettes (manufacturing) 1^% Peat fuel (manufacturing) 1%% Charcoal burning 1%% 35-3 Glass manufacture 1%% CLASS 37 37-1 Alcohol, ammonia, nitrogen, oxygen (manufacturing) ... .1%% 37-2 Bottling works (operation) 1%% Breweries (operation) 1%% NOTE. — Breweries making non-alcoholic drinks to be classi- fied in 37-2. CLASS 38 38-1 Brooms and brushes (manufacturing) 1%% 38-2 Textile (manufacturing) %% Wool (working in) % % Cloth (working in) %% 38-3 Cordags (manufacturing) 1^% 24 Industrial Insurance 38-4 Leather (working i-n) ■. 1%% Rubber (working in) 1%% Vulcanizing (not otlierwise speclfleii) 1%% Asbestos products (manufacturing) .1%% 38-5 Paper products 1%% CLASS 39 39-1 Bakeries, candy and crackers (manufacturing) 1%% 39-2 Foodstuffs (not otherwise specified) 1% Fruits and vegetables (working in) 1% (Includes canning, preserving, pickling.) Oils (working in the edible oils) 1% 39-3 Sugar refineries (operation) 1%% CLASS 40 40-1 Condensed milk (operation) 1% 40-2 Creameries (operation) 1% Ice cream (manufacturing) 1% Cheese making 1% CLASS 41 41-1 Electrotyping 1% Photo engraving . . ; 1% Lithographing 1% 41-2 Printing 1% Linotype 1% (Includes all employees in room with machinery and shafting.) Book binding 1% CLASS 42 42-1 Wharf operation 2% Longshoring 2i^ CLASS 43 43-1 Packing houses (operation) 2% Sausage making 2% Slaughtering 2% Soap and tallow making 2% Lard making 2% Fertilizer (manufacturing) 2% Stock yards (operation) 2% Tanneries (operation) 2% 43-2 Garbage works (operation) 2% Incinerators (operation) 2% CLASS 44 44-1 Cold storage (operation) 1%% Artificial ice (manufacturing) 1%% 44-2 Natural ice (producing and handling) .2% CLASS 45 45-1 Theatre stage employees 1% Moving picture operators 1% CLASS 46 46-1 Powder works (manufacturing) 10% 46-2 Fire works (manufacturing) ' 5% CLASS 47 47-1 (Closed out) Transferred to Class 10.6. Medical Aid and Safety Acts 25 CLASS 48 Elective adoption for non extra-hazardous industries. .. ,1.35% NOTE.— Increased 33%% for temporary employers. See Sec- tion 4a. CLASS 50 50-1 Logging- 3hi% Logging railroad operations.. 3%% Logging railroad construction 3%% (Includes all grading and bridge work on logging rail- roads.) Cutting wood and bolts 3 % % Booming and driving logs (not otherwise speciHed) 3%% Tie cutting 3%% 50-2 Booming, driving, rafting logs 2.3% (Independent boom companies only.) ADJUSTMENTS. Premiums in each class are adjusted at the end of each year to as many twelfths of the actual payrolls as will yield, at the basic rate, a sufficient sum to care for the losses and reserves in the class. (Ruling of the Commission April 3, 1912.) Excess contributions collected on any estimated payroll over the proper premium on actual payroll, stand as a credit to the con- tributor at the end-of-the-year adjustment; such contributor is entitled to exhaust such credit before making further payments in- to the accident fund. After December 31st of any year, whether the contributor operated at full capacity with reduced force, on part time, or not at all, a credit found to exist is available for further assessments, or cash refund where the business ceases. A new establishment shall contribute an initial premium on an estimated three months' payroll. The intent of the law is that each of the funds be automatic and self-adjusting. The rate is fixed; time of payment varies with the need. The actual premium (percentage of payroll) cannot be determined in advance. The proviso here Tvas inserted as an amendment to the original bill; the first paragraph of Sec. 4, so far as inconsistent, to be disregarded. Whenever a special assessment is ordered on any particular class, the basis shall be the average monthly payroll determined by reports on file in the Departmental offices. EMPLOYEES WHOSE WAGES ARE TO BE REPORTED. (See notes to Sec. 2 and Sec. 3.) The hazard of the business or enter- prise determines the application of the act rather than the degree of hazard to which the individual workman is subjected. Hazard- ous departments are the unit of contribution, even though embrac- ing employees rarely in danger of injury. (Op. Atty. Gen., Sept. 8, 1911). (O'Brien v. Ind. Ins. Com., 100 W. 674). RULED OUTSIDE THE SCOPE OP THE ACT. Operation and maintenance of elevators and individual steam heating plants in office buildings, hotels, apartment houses, residences, retail stores, etc. Farm hands grubbing stumps even with blasting powder, as an incident to the business of farming, not within the act. Contributions made under misapprehension of the scope of this act will be promptly refunded. The premium of any establishment given an average rate is credited pro rata to the respective classes represented by the de- partrnent payrolls. Bonus system prevailing in connection with logging operations is regarded as additional compensation to employees and should be added to the payroll. 26 IndVfStricd Insurance Temporary employer for one year. Rate. Refund. SEGREGATIONS. Where possible to segregate classes of work, they must be reported and paid on separately. (State v. C. M. & St. P. Ry., 80 W. 435). But minute divisions of work are not sought and it is the policy of the department to reduce the num- ber of classifications into which an employer must divide his pay- roll to as few as are possible under all the circumstances. (Rul- ing of Commission. Bulletins, Vol. 1, No. 4). Sec. 6604-4A. Temporary Employer. Every employer who after June 30th, 1921, shall for the first time since June 30, 1918, engage in any extra hazardous work shall be known as a temporary employer, and shall remain so for the period of one year following the commencement of such work. Each temporary employer shall contribute to the accident fund on the basis of the class rate for the class or class subdivision to which he shall belong, increased 33% per cent. At the end of the first year of his operations he shall cease to be a temporary employer if he has paid his aforesaid contribu- tion into the accident fund. In each case where the accident cost to the fund for the first year's operations of any temporary employer, who shall so cease to be a temporary employer, shall not exceed his contribution, the said 33% per cent Increase shall be refunded or credited to him out of the accident fund. County assessor to list employers. To forward list. Time. Sec. 6604-4B. County Assessor to List Employers. It shall be the duty of the county assessor in each of the counties of the state each year to make a list upon blanks to be furnished by the industrial insurance division, of all employers within his county who are engaged in extra-hazardous industries as defined by this act, and to forward such list of extra-haz- ardous employments and industries to the industrial insurance division on or before the first day of May of each and every year. (L. '21, Ch. 182.) Compensa tion schedule. Sec. 6604-5. Schedule of Avfai^s. Each workman who shall be injured whether upon the premises or at the plant, or he being in the course of his em- ployment, away from the plant of his employer, or his family or dependents in case of death of the workman, shall receive out of the accident fund compensation in accordance with the following schedule, and, except as in this act otherwise provided, such payment shall be in lieu of any and all rights of action whatsoever against any person whomsoever. Burial expenses. COMPENSATION SCHEDXJIiE. (a) Where death results from the injury the expenses of burial not to exceed seventy-five dollars ($75.00) in any case where the deceased was an unmarried man, or one hundred Medical Aid and Safety Acts 27 dollars in any case where the deceased left a widow or an or- phan child or children and (1) If the workman leaves a widow or invalid widower. Monthly a monthly payment of thirty dollars ($30.00) shall be made payment to throughout the life of the surviving spouse, to cease at the end spouse"^ of the month in which remarriage shall occur, and the sur- ^^ children, viving spouse shall also receive five dollars ($5.00) per month for each child of the deceased under the age of sixteen years at the time of the occurrence of the injury until such minor child shall reach the age of sixteen years. An invalid child over 16 years of age shall be here and in paragraphs (2), (3), and (4) of subdivision (a), and in paragraphs (2) and (3) of subdivision (b), and in subdivision (c) and in paragraphs (1) and (3) but not in paragraph (2) of subdivision (d) con- sidered to be a child under sixteen years of age until such in- valid child shall arrive at the age of eighteen years, but the total monthly payment under this paragraph (1) of subdivision (a) shall not exceed fifty dollars ($50.00): Provided, That in addition to the monthly payments above provided for, a sur- viving widow of any such deceased workman shall be forthwith paid the sum of two hundred and fifty dollars ($250.00) in any ?250.00 case where the commission* shall be satisfied and shall make of advance, record in their office a finding that the burial expenses have not exceeded and shall not exceed the amount above specified for burial expenses; and further, that no part of said additional payment can be diverted to the payment of burial expenses. Upon remarriage of a widow she shall receive once and for Remarriage all, a lump sum of two hundred forty dollars ($240.00), but the °' ^^^°'"- monthly payment for the child or children shall continue as before. (2) If the workman leave no wife or husband, but a child Orphans. or children under the age of sixteen years, a monthly payment of ten dollars ($10.00) shall be made to each such child until such child shall reach the age of sixteen years, but the total monthly payment shall not exceed forty dollars ($40.00), and any deficit shall be deducted proportionately among the bene- ficiaries. (3) If the workman leaves no widow, widower, or child Other de- pendents. under the age of sixteen years, but leaves a dependent or de- pendents, 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 * The director of labor and industries shall have the power and it shall be his duty through and by means of the division of industrial Insurance: (1) To exercise all the powers and perform all the duties now vested in, and required to be performed by, the industrial insurance department and the commissioners thereof. (Administrative Code. Sec. 10836.) 28 Industrial Insurance Parents of minor workman. Death of surviving spouse. Permanent total disability defined. Compensa- tion allow- ances. months next preceding the occurrence of the injury, but the total payment to all dependents in any case shall not exceed twenty dollars ($20.00) 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 dependent shall reach the age of sixteen years. The payment to any de- pendent 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 ($20.00) 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 payment shall die, leaving a child or children under the age of sixteen years, the sum he or she shall be receiving on account of such child or children shall be thereafter, until such child shall arrive at the age of sixteen years, paid to the child in- creased 100 per cent, but the total to all children shall not ex- ceed the sum of forty dollars ($40.00) per month. (b) Permanent total disability means the loss of both legs, or arms, of one leg and one arm, total loss of eyesight, paralysis or other condition permanently incapacitating the workman from performing any work at any gainful occupation. When permanent total disability results from the injury, the workman shall receive monthly during the period of such dis- ability: (1) If unmarried at the time of the injury, the sum of thirty dollars ($30.00). (2) If the workman have a wife or Invalid husband, but no child under the age of sixteen years, the sum of thirty dollars ($30.00). If the husband is not an invalid, the monthly pay- ment of thirty dollars ($30.00) shall be reduced to fifteen dollars ($15.00). (3) If the workman have a wife or husband and a child or children under the age of sixteen years, or, being a widow or widower, having any such child or children, the monthly pay- ment provided in the preceding paragraph shall be increased by five dollars ($5.00) for each such child until such child shall arrive at the age of sixteen years, but the total monthly payment shall not exceed fifty dollars ($50.00). (4) In case of total permanent disability, if the character of the injury is such as to render the workman so physically helpless as to require the services of a constant attendant, the monthly payment to such workman shall be increased twenty dollars ($20.00) per month so long as such requirement shall continue, but such increase shall not obtain or be operative Medical Aid and Safety Acts 29 Temporary total disability. while the workman Is receiving care under or pursuant to any of the provisions of sections 6604-33 to 6604-46, inclusive. (c) If the injured, workman die, during the period of Death of permanent total disability, whatever the cause of death, leaving workman. a widow, invalid widower or child under the age ot sixteen years, the surviving widow or invalid widower shall receive thirty dollars ($30.00) per month until death or remarriage, to be increased five dollars ($5.00) 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 ($10.00) per month until arriving at the age of sixteen years. The total combined monthly payments under this paragraph shall in no case exceed fifty dollars ($50.00). Upon remarriage the payments on account of the child or children shall continue as before to such child or children. An invalid child while being supported and cared for in a state institution shall not receive compensation under this act. (d) (1) When the total disability is only temporary, the schedule of payments contained in paragraphs (1), (2) and (3) of the foregoing subdivision (b) shall apply, so long as the total disability shall continue, (2) but if the injured workman has a wife or husband and have no child or have a wife or husband with, or being a widow or widower with one or more children under the age of sixteen years, the compensation for the case during the first six months or such lesser period of time as the total temporary disability shall continue, shall be per month as follows, to-wit: Injured workman whose husband is not an invalid, twenty-two and 50-100 dollars ($22.50); injured work- man having one child, whose husband is not an invalid, thirty dollars ($30.00); injured workman having two children, whose husband is not an invalid, thirty-seven and 50-100 dollars ($37.50) ; injured workman having three children, whose hus- band is not an Invalid, forty-five dollars ($45.00); Injured work- man having four or more children, whose husband is not an invalid, fifty-two and 50-100 dollars ($52.50); injured workman with wife or invalid husband and no child, thirty-seven and 50-100 dollars ($37.50); injured workman with a wife or Invalid hus- band and one child, or being a widow or widower and having one child, forty-five dollars ($45.00) ; injured workman with a wife or invalid husband and two or more children, or being a widow or widower and having two or more children, fifty-two and 50-100 dollars ($52.50). (3) If such temporary total dis- ability shall endure longer than said six months' period, the schedule of compensation contained in paragraphs (1), (2) and (3) of the foregoing subdivision (b) shall at the end of said six months' period again obtain. (4) As soon as recovery is 30 Industrial Insurance Reserve fund. Investment of reserve fund. so complete that the present earning power of the workman, at any kind of work, la restored to that existing at the 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 payments shall continue in the proportion which the new earning power shall bear to the old. No compensation shall he payable out of the accident fund unless the loss of earning power shall exceed five per cent. (e) There is hereby created in the oflSce of the State Treasurer a fund to be known and designated as the reserve fund out of which shall be made the payments specified in this section for all cases of death or permanent total disability, including future payments to be made for the cases of that character which have heretofore arisen. Into the reserve fund there shall be forthwith placed all unexpended funds, in cash or invested, heretofore set aside for cases requiring a reserve. For every case resulting in death or permanent total disability hereafter arising is shall be the duty of the department to make transfer on their books from the accident fund of the proper class to the reserve fund of that class a sum of money for that case equal to the estimated present cash value of the monthly payments provided for it, to be calculated upon the basis of an annuity covering the payments in this section provided to be made for the case. Such annuities shall be based upon tables to be prepared for that purpose by the State Insurance Com- missioner and by him furnished to the State Treasurer, cal- culated upon standard mortality tables with an interest assump- tion of four (4) per cent per annum. The department shall notify the State Treasurer from time to time of such transfers as a whole and the State Treasurer shall invest the reserve in either state capitol building bonds issued to take up capitol building warrants now outstanding, or in the class of securities provided by law for the investment of the permanent school fund, and the interest or other earnings of the reserve fund shall become a part of the reserve fund Itself. The department shall, on October 1st of each year, apportion the interest or other earnings of the reserve fund as certified to it by the State Treasurer, to the various class reserve funds according to the average class balance for the preceding year. As soon as possible after October 1st of each year, beginning In the year 1918, the State Insurance Commissioner shall expert the reserve fund of each class to ascertain its standing as of October 1st, of that year, and the relation of Its outstanding annuities at their then value to the cash on hand or at interest belonging to that fund. He shall promptly report the result of his examination to the department and to the State Treasurer in writing not later than December 31st. If the report show that there was on said October 1st, in the reserve fund of any Medical Aid and Safety Acts 31 class in cash or at interest a greater sum than the then an- nuity value of the outstanding pension obligations of that class, the surplus shall be forthwith turned over to the accident fund of that class, but if the report show the contrary condition of any class reserve, the deficiency shall be forthwith made good out of the accident fund of that class. The State Treasurer shall keep accurate account of the reserve fund and the Investment and earnings thereof, to the end that the total reserve funds shall at all times, as near as may be, be properly and fully invested, and to meet current demands for pension or lump sum payments may, if necessary, make temporary loans to the reserve fund out of the accident funds for that class, repaying same from the earnings of that reserve fund or from collections of its investments, or, if necessary, sales of the same. (f) Permanent partial disability means the loss of either Permanent one foot, one leg, one hand, one arm, one eye, one or more d&abfiity. fingers, one or more toes, any dislocation where ligaments were severed where repair is not complete, or any other injury known in surgery to be permanent partial disability. For the perma- nent partial disabilities here specifically described, the injured workman shall receive compensation as follows: Loss of one leg amputated so near the hip that an artifi- cial limb cannot be worn $2,000.00 Loss of one leg at or above the knee so that an artificial limb can be worn $1,900.00 Loss of one leg below the knee .$1,300.00 Loss of the major arm at or above the elbow $1,900.00 Loss of the major hand at wrist $1,600.00 Loss of one eye by enucleation $1,200.00 Loss of sight of one eye $ 900.00 Complete loss of hearing in both ears $1,900.00 Complete loss of hearing in one ear $ 500.00 Compensation for any other permanent partial disability shall be in the proportion which the extent of such other disability shall bear to that permanent partial disability above specified which most closely resembles and approximates in degree of disability such other disability, but not in any case to exceed the sum of two thousand dollars ($2,000.00). If the injured workman be under the age of twenty-one years and unmarried, the parents or parent shall also receive a lump sum payment equal to ten per cent of the amount awarded the minor work- man. (g) Should a further accident occur to a workman who has been previously the recipient of a lump sum payment under this act, his future compensation shall be adjudged according to the other provisions of this section and with regard to the combined effect of his injuries, and his past receipt of money under this act. 32 Industrial Insurance Abandoned spouse. Payment on removal from State. Venue for court reviews. Compensa- tion for week follow- ing injury. Should such further accident result in the permanent total disability of such injured workman, he shall receive the pension to which he would be entitled notwithstanding the payment of a lump sum for his prior injury. (h) If aggravation, diminution, or termination of disability takes place or be discovered after the rate of compensation shall have been established or compensation terminated, in any case the department may, upon the application of the beneficiary or upon its own motion, readjust for further application the rate of compensation In accordance with the rules in this section pro- vided for the same, or in a proper case terminate the payment. (I) A husband or wife of an injured workman, living In a state of abandonment for more than one year at the time of the injury or subsequently, shall not be a beneficiary under this act. (j) If a beneficiary shall reside Or remove out of the state the department may, in its discretion, convert any monthly pay- ments provided for such case into a lump sum payment (not in any case to exceed the value of the annuity then remaining^ to be fixed and certified by the State Insurance Commissioner, but in no case to exceed the sum of $4,000.00) or, with the consent of the beneficiary, for a smaller sum. (k) Any court review under this section shall be initiated in the county where the workman resides or resided at the time of the injury, or in which the injury occurred. (1) No workman injured after June 30th, 1917, shall receive or be entitled to receive compensation out of the accident fund for or during the day on which his Injury was received or the seven days following the same, but if at the end of thirty days following the day of the receipt of his injury his incapacity shall still exist, there shall be included in the next payment to him out of the accident fund compensation for said omitted period. (L. '19, Ch. 131.) ACCIDENT, FORTUITOUS EVENT: Employee killed by shot in course of employment, is under act. (Stertz v. Ind. Ins. Com., 91 Wash. 588). ACCIDENT INSURANCE: The fact that an employee carries accident insurance does not affect his rights under the act. (Ross V. Erickson Const. Co., 89 Wash. 634). AWARDS: Where minor workman originally classified as permanent total disability is reclassified as permanent partial dis- ability parents are not entitled to ten per cent of the latter award. (Op. Atty. Gen., July 20, 1918). BURIAL, EXPENSES. Burial expenses of injured workman up to $100.00 are payable from accident fund, and not out of the $250.00 awarded the widow on the death of her husband. (Op Atty Gen Nov. 15, 1919). CHILD. Children of a workman by a former marriage are con- sidered the same as those of a marriage at the time of the injury when living with the workman, and entitled to the benefits of the act. (Op. Atty. Gen., Oct. 17. 1913), as are children in custody of a divorced wife, (Op. Atty. Gen.. Dec. 20, 1919), but not a, child Medical Aid and Safety Acts 33 legally adopted by a third person, (Op. Atty. Gen., July 1, 1914) ; also compensation for an adopted child ceases when the child is adopted by a second party, and right to compensation would not be revived by re-adoption by first party. (Op. Atty. Gen Apr 2 1915). COMPENSATION. Compensation is payable only when the four following facts appear, namely: (1) The business of the employer was within the scope of this act. (2) The employee was injured. (3) Such injury occurred out of and incidental to his employ- ment. (4) Such injury was not caused by wilful misconduct. It makes no difference whose fault the accident was or who was to blame. It is sufficient that the industry caused the injury. The law in effect at the time of the injury and not at the time of the death is the determining factor in deciding whether a widow is entitled to a pension or not. (Op. Atty. Gen., Jan. 17, 1921). Additional compensation is allowable for a child born after injury while disability exists, (Op. Atty. Gen., Aug. 24, 1920). Where a minor child dies during the father's period of temporary total disability the compensation should be reduced. (Op. Atty, Gen., May 15, 1914). Time loss is payable whether the employer is allowing wages during the period or not, (Ruling of Commission, Dec. 4, 1919). The additional $20.00 per month for a physically helpless claim- ant is not retroactive and applies only to injuries after June 7, 1917. (Op. Atty. Gen., July 12, 1917). Widows who have been adjudged insane are entitled to com- pensation if not remarried. (Op. Atty. Gen., Apr. 29, 1920). Compensation may be allowed to a widow who is a beneficiary by reason of her husband's death, for the subsequent death of her son who contributed to her support. (Op. Atty. Gen., Mar. 22, 1917). Where a minor workman died after award for permanent par- tial disability but before payment of award the administrator of his estate is not entitled to the money. (Op. Atty. Gen., Dec. 18, 1918). In figuring the compensation to a dependent, the basis of monthly support may include other factors than cash; also labor performed for a dependent, in computing compensation, must be figured as assistance during the period in which the work was done, rather than the time in which the cash return was received. (Op. Atty. Gen., Aug. 7, 1919). DEATH OP WORKMAN. The date of the injury and not the death determines the amount of award to the widow. (Op. Atty. Gen., Nov. 14, 1919). Time loss awards do not survive in event of death resulting from the original injury. (Op. Atty. Gen.. Nov. 14, 1919). DEPENDENTS. In all cases where claimants are living apart from their wives and children, they shall be rated as single men until satisfactory proof is filed of the actual bona fide existence of a wife or family. (Ruling of Commission, Aug. 4, 1913). Children of a divorced couple, living with the mother but sup- ported by the father, have right to compensation in case of death of father through accident under the act. (Op. Atty. Gen., Oct. 25. 1915); and the fact that the child has a surviving parent does not alter the case. (Op. Atty. Gen., May 23, 1916). The illegitimate child of daughter of an injured workman is not entitled to compensation in the absence of adoption or legitima- tion (Op. Atty. Gen., Aug. 5, 1919), nor is any illegitimate child that has never been legitimatized, (Op. Atty. Gen., May 15, 1920). —2 34 Industrial Insurance The monthly support, in case of dependence, may include other factors than cash. (Op. Atty. Gen., Aug. 7, 1919). A daughter over eighteen years of age Is not a dependent under the act, unless an invalid, (Op. Atty. Gen., Dec. 4, 1913), nor a mother married to a man not the father of the deceased, (Op. Atty. Gen., Mar. 24, 1914), nor a stepson, (Op. Atty. Gen., Nov. 13, 1914). In case of the death by accident of a minor, parents shall receive pension until time of majority and a. parent who is also a dependent is entitled to payment during the continuance of dependency, and not merely to the time of majority. (Boyd v. Pratt, 72 W. 306). A widow receiving a pension on account of death of her hus- band is not barred from receiving a pension on account of the death of her son if he was contributing to her support. (Op. Atty. Gen., Mar. 22, 1917). A workman injured when he "was under 21 years of age, "whose parents were living and who was classified as a permanent total disability, is not entitled to have an amount equal to 10 per cent, of a lump sum settlement made after he reaches 21 years of age paid to his parents. (Op. Atty. Gen., July 20, 1918). The minor daughter of a widower, fourteen years of age, is not a dependent by reason of fact that her mother is dead and on the death of the "workman n"iay receive compensation until she, is sixteen, but not eighteen years of age. (Op. Atty. Gen., Apr. 4, 1916). Non-resident dependents other than father or mother are not entitled to compensation under the act. (Op. Atty. Gen., Nov. 1, 1912 and Aug. 15, 1917). DIVORCED WIPE. A man whose wife is divorced is a single man under the act. (Op. Atty. Gen., May 16, 1912), and the wife is not entitled to compensation (Op. Atty. Gen., Deo. 20, 1919). Illegitimate child is not a dependent within the meaning of that term as used in the act. (Op. Atty. Gen., May 15, 1920). INJURIES. No allowance, except time loss, is made for injuries, unless there is a permanent disability resulting from injury. (Op. Atty. Gen., Sept. 19, 1916). A claim abates on the death of the injured man. (Op. Atty. Gen., July 9, 1914 and Mar. 29, 1915). For loss of a limb or eye subsequent to June 30, 1917, artificial substitute may be once provided out of the accident fund. (Op. Atty. Gen., Nov. 5, 1919). Previous permanent partial disability award shall not be de- ducted from total award for subsequent injury, except in case of subsequent injury to the same member previously compensated within the maximum. (Klippert v. Ind. Ins. Com., Feb. 15, 1921). The 1917 schedule for permanent partial disabilities applies only to injuries which occur after June 30, 1917. (Op. Atty. Gen., July 9, 1917). MALPRACTICE. No suit will lie against an employer or phy- sician by an injured employee for alleged malpractice, for the rea- son that the remedy under the act is exclusive. (Ross v. Brick- son Construction Co., 89 W. 634). MINORS. A minor son working for his father is entitled to the benefits of the acts only if he is emancipated and the relation of employer and employee exists, then it is immaterial if the father has expressly excluded his name from the payroll. (Op. Atty. Gen., June 9, 1916). See Hillestad v. Ind. Ins. Com., 80 W. 426, regarding minors employed In extra-hazardous occupations. Where minor workman originally classified as permanent total disability is reclassified as permanent partial disability, parents Medical Aid and Safety Acts 35 are not entitled to ten per cent of the latter award. (Op. Atty. Gen., July 20, 1918). PAYMENTS TO BENEFICIARIES under the Workmen's Com- pensation Act which are not cancelled by war with the Teutonic powers or by the "Trading- With Enemy Act," should be made. Where payments to enemy aliens were suspended during the war, back payments should be made upon declaration of peace or release under the provisions of the "Trading With Enemy Act." (Op. Atty. Gen., May 26, 1920). PERMANENT PARTIAL DISABILITY. (See Injuries). In the case of a hernia, the superior court having decided a workman had sustained a, permanent partial disability in having received a hernia, the commission cannot invoke its rule that in hernia cases the claimant must submit to an operation or take time loss only. (Kline v. Ind. Ins. Com., 101 W. 365). The schedule of permanent partial disability awards of the commission is not arbitrary. (Poster v. Ind. Ins. Com., 107 W. 400). Permanent partial disability is defined by statute. (Sinnes v. Daggett, 80 W. 673). One suffering from traumatic neurosis is entitled to compen- sation; partial, if disability is not full. (Parker v. Ind. Ins. Com., 102 W. 54). The 1917 permanent partial disability schedule made by 1917 legislature applies only to injuries occurring after June 7, 1917. (Op. Atty. Gen., July 12, 1917). An employee cannot claim permanent total disability for loss of fingers, the statute prescribing the character of the injuries constituting total disability. An award of the commission will be reviewed only where made arbitrarily and capriciously. (Sinnes v. Daggett, 80 W. 673). SOLDIERS' HOME. Compensation should not be discontinued because the claimant has taken advantage of the colony in connec- tion with the Soldiers' Home. (Op. Atty. Gen., Oct. 18, 1913). TOTAL PERMANENT DISABILITY. The total permanent dis- ability schedule made by 1917 Legislature applies only to injuries occurring after June 7, 1917. (Op. Atty. Gen., July 12, 1917). WIDOW. A widow is entitled to allowance for children as against guardian. (Op. Atty. Gen., Dec. 20, 1919). The remarriage of a widow effects a proportionate reduction or entire elimination of the lump sum payable on such event in case advances have been made to her. (Op. Atty. Gen., Oct. 31, 1919). A widow's pension is determined as to amount by law in force at date of injury and not that in force at the date of resulting death. (Op. Atty. Gen., Nov. 14, 1919). WIPE-DIVORCED is not entitled to compensation. (Op. Atty. Gen., Dec. 20, 1919). Sec. 6604-6. Intentional Injuries — Status of Minors. If injury or death results to a workman from the deliberate self-inflicted intention of the workman himself to produce such injury or '"J""^^- death, neither the workman nor the widow, widower, child or dependent of the workman shall receive any payment whatso- ever out of the accident fund. If injury or death result to a intentional workman from the deliberate intention of his employer to pro- duce such injury, or death, the workman, the widow, widower, child or dependent of the workman shall have the privilege to injury by employer. 36 Industrial Insurance take under this act, and also have cause of action against the employer, as if this act had not been enacted, for any excess of damages over the amount received or receivable under this act. A minor working at an age legally permitted under the laws Minors. of this state shall be deemed sui juris for the purpose of this act, and no other person shall have any cause of action or right to compensation for 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 work- man, the management of the sum shall be within the probate jurisdiction of the courts the same as other property of minors: Provided, That in the event it is necessary to procure the appointment of a guardian to receive the money to which any minor workman is entitled under the provisions of this act, the Commission* may allow from the accident fund, toward the expenses of such guardianship, not to exceed the sum of twenty- five dollars ($25.00) in any one case: Provided, further, That in case any such minor shall be awarded a lump sum payment of the sum of two hundred fifty dollars ($250.00) or less, the Industrial Insurance Commission* shall have power, in its dis- cretion, to make payment direct to such minor without the necessity of the appointment of a guardian. (L. '19, Ch. 131.) GUARDIAN. A guardian is not entitled to allowance for chil- dren as against a tnotlier. (Op. Atty. Gen., Deo. 20, 1919). INJURIES. Where a minor workman originally classified as permanent total disability is reclassified as permanent partial dis- ability, parents are not entitled to ten per cent of the la.tter award. (Op. Atty. Gen., July 20, 1918). MINOR. A dependent minor residing without the state, a guar- dian appointed in this state is authorized to collect monthly pen- sion or make full lump sum settlement. (Op. Atty. Gen., Dec. 23, 1919). PARENTS. Parents of unmarried girl under 21 are entitled to ten per cent of lump sum award. (Op. Atty. Gen., Feb. 13, 1919). No guardian need be appointed for a girl over 18 years of age. (Op. Atty. Gen., Feb. 13, 1919). Conversion into lump sum pay- ment. Sec. 6604-7 Conversion Into Lump Sum Payment. In case of death or permanent total disability the monthly payment provided may be converted, in whole or in part, into a lump sum payment (not in any case to exceed $4,000.00) equal or proportionate as the case may be to the value of the annuity * The director of labor and industries shall have the power and it shall be his duty through and by means of the division of industrial insurance: (1) To exercise all the powers and perform all the duties now vested in, and required to be performed by, the industrial insurance department and the commissioners thereof. (Administrative Code. Sec. 10836.) Medical Aid and Safety Acts 37 then remaining, to be fixed and certified by the State Insurance Commissioner, in which event the monthly payment shall cease in whole or in part accordingly or proportionately. Such con- versions may only be made alter 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 depart- ment, and shall rest in the discretion of the department. Within the rule aforesaid the amount and value of the lump sum pay- ment may be agreed upon between the department and the bene- ficiary. (L. '17, Ch. 76.) The Commission may convert monthly payments into lump sum payments if beneficiary resides outside of the state; and if an enemy alien — and the president requires it — lump sum pay- ment to the alien property custodian. This applies only to war status, however, and after war ends payments to beneficiaries re- sume pre-war status. (Op. Atty. Gen., May 26, 1920). Sec. 6604-8. Defaulting Employers. If any employer shall default in any payment to the accident Defaults in fund or the medical aid fund, the sum due shall be collected by payments. action at law in the name of the state as plaintiff, and such right of action shall be in addition to any other right of action or remedy. If such default be after demand, there shall also be collected a penalty equal to twenty-five per centum of the amount of the defaulted payment or payments, and the Commission * may require from the defaulting employer a bond to the state for the benefit of the accident and medical aid funds, with surety to their satisfaction, in the penalty of double the amount of the estimated payments which will be required from such employer into the said funds for and during the ensuing one year, conditioned for the prompt and punctual making of all payments into said funds required during said year period, together with any penalty or penalties incurred. In case of refusal or failure after written demand personally served to furnish such bond, the state in an action brought by the Attorney General in its name shall be entitled to an injunction restraining such delinquent from prosecuting an extra-hazardous occupation or work until such bond shall be furnished, and any sale, trans- fer or lease attempted to be made by such delinquent during the period of such default, of his works, plant or lease thereto shall be invalid until all past delinquencies are made good and such bond furnished. All action for the recovery of such payments shall be brought in the superior court and In all cases of insolv- ency, assignment for the benefit of creditors, or bankruptcy, the May require bond. Injunction. * The director of labor and industries shall have the power and it shall be his duty through and by means of the division of indus- trial insurance: (1) To exercise all the powers and perform all the duties now vested in, and required to be performed by, the industrial insurance department and the commissioners thereof. (Administrative Code, Sec. 10836.) 38 Industrial Insurance claim of the state for payments due herein shall be a claim prior to all other claims, except taxes, and it shall be the duty of the Industrial Insurance Department * of such receivership or assignment within thirty (30) days from the date of their ap- pointment and qualification. In any action or proceeding brought for the recovery of payments due upon the payroll of an employer, the certificate of the Industrial Insurance Depart- ment* that an audit has been made of the payroll of such em- ployer pursuant to the direction of the department and of the amount of such payroll for the period stated in the certificate shall be prima jade evidence of such fact. (L. '17, Ch. 76.) BANKRUPTCY. A receiver or trustee in bankruptcy is liable for premiums on payrolls of workmen employed by the receiver or trustee in continuing the business of the bankrupt. (Op. Atty. Gen., Feb. 23, 1915). Premiums are not a tax lien in bankruptcy. (In re Parrel, 211 Fed. 212). COURTS will try causes of action from other states. (Rey- nolds V. Day, 79 ^W. 499). LIABILITY, No liability for damages in case of death of em- ployee arises when the employer has regularly complied with the act. (Op. Atty. Gen., Dec. 6, 1920). MANDAMUS does not lie to compel collection of delinquent assessments. (St. ex rel. Rosbach v. Pratt, 68 "W. 157). RECEIVER. (See notation Bankruptcy, this section). A re- ceiver is not liable for premiums on payroll of watchman employed to watch a saw mill which is not in operation. (Op. Atty. Gen., Mar. 30, 1916). Removal of safeguard. Injury to minor. Sec. 6604-9. Employer's Respoiisibility for Safeguard. If any workman shall be injured because of the absence of any safeguard or protection required to be provided or main- tained by, or pursuant to any statute, or ordinance, or any depart- ment regulation under any statute, or be, at the time of the injury, of less than the maximum age prescribed by law for the employment of a minor in the occupation in which he shall be engaged when injured, the employer shall, within ten days after demand therefor by the department, pay into the accident fund, in addition to the same required by section 4 to be paid: (a) In case the consequent payment to the workman out of the 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 director of labor and industries shall have the power and it shall be his duty through and by means of the division of industrial insurance: (1) To exercise all the powers and perform all the duties now vested in, and required to be performed by, the industrial insurance department and the commissioners thereof. (Administrative Code, sec. 10836). Medical Aid and Safety Acts The foregoing provisions of this act shall not apply to the employer if the absence of such guard or protection be due to the removal thereof by the injured workman himself or with his knowledge by any of his fellow workmen, unless such removal be by order or direction of the employer or superintendent or fore- man of the employer, or any one placed by the employer in con- trol 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 Sec- tion 5 shall be reduced 10 per cent for the individual case of such workman. (L. '11, Ch. 74.) MINORS. A boy under 14 years of age, or a, g-irl under 16 years, may not be employed in dangerous trades without written permit from the superior court. (Sec. 2447 Rem. & Bal. Code). Children under 15 may not be so employed while school is in ses- sion. (Sec. 4715, Rem. & Bal. Code). Sec. 2446, Rem. & Bal. Code ruled not applicable to factories. (See Section 30 herein. Also see Hillestad v. Ind. Ins. Com., 80 W. 426). Sec. 6604-10. Exemption of Awards. No money paid or payable under this act out of the accident fund shall, prior to issuance and delivery of the warrant there- for, be capable of being assigned, charged, nor ever be taken in execution or attached or garnisheed, nor shall the same pass to any other person by operation of law. Any such assignment or charge will be void: Provided, That if any workman shall suffer a permanent partial injury, and shall die from some other cause than the accident which produced such injury before he shall have received payment of his award for such permanent partial injury, or if any workman shall suffer any other injury and shall die from some other cause than the accident which produced such injury before he shall have received payment of any monthly installment covering any period of time prior to his death, the amount of such permanent partial award, or of such monthly payment or both, shall be paid to his widow, if he leave a widow, or to his child or children if he leave a child or children and shall not leave a widow: Provided, If the injured workman shall have resided in the United States as long as three years such payment will not be made to any widow or child who is at the time a non-resident of the United States. Except as otherwise provided by treaty, whenever under the provisions of this act, compensation is payable to a beneficiary or dependent who is an alien not residing in the United States, the commission* shall pay fifty per centum of the compensation herein otherwise 39 Responsi- bility of employer. Exemption of awards. Payments when death ensues from other causes. Alien beneficiaries. * The director of labor and industries shall have the power and it shall be his duty through and by means of the division of industrial insurance: (1) To exercise all the powers and perform 40 Industrial Insurance Proof of dependency. provided to such beneficiary or dependent. But it a non-resident alien, beneficiary or dependent is a citizen of a government having a compensation law which excludes citizens of the Uni- ted States either resident or non-resident, from partaking of the benefits of such law in as favorable a degree as herein extended to non-resident aliens, he shall receive no compensation. Proof of dependency by any beneficiary or dependent residing without the United States shall be made before the nearest (United States) consul or consular agent under the seal of such consul or consular agent, and the department may cause any warrant or warrants to which such beneficiary or dependent is entitled to be transmitted to the beneficiary or dependent through the near- est (United States) consul or consular agent. (L. '21, Ch. 182.) COMPENSATION. An award did not survive to the personal representative under tiie law prior to 1919. Time loss right of compensation does not survive to estate after death of workman. (Ray V. Ind. Ins. Com., 99 W. 176). Employer or worliman cannot waive benefits of Act. Sec. 6604-11. Non-Waiver of Act by Contract. No employer or workman shall exempt himself from the burden or waive the benefits of this act by any contract, agree- ment, rule or regulation, and any such contract, agreement, rule or regulation shall be pro tanto void. (L. '11 Ch. 74.) Worliman's claim Physician's certificate. Proof of death. Sefi. 6604-12. Filing CJlaim for Compensation. (a) Where a workman is entitled to compensation under this act he shall file with the department, his application for such, together with tne 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 compensa- tion and such proof of other matters as required by the rules of the department without charge to the workman. (b) Where death results from in.iury the parties entitled to compensation under this act, or some one in their behalf, shall make application for the same to the department, which applica- tion must be accompanied with proof of death and proof of rela- tionship showing the parties to be entitled to compensation under this act, certificates of attending physician, if any, and such other proof as required by the rules of the department. (c) If change of circumstances warrant an increase or re- arrangement of compensation, like application shall be made therefor. No increase or rearrangement shall be operative for any period prior to application therefor. all the duties now vested in, and required to be performed by the industrial insurance department and the commissioners thereof. (Administrative Code, sec. 10836). Medical Aid and Safety Acts (A) 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. (e) Any physician who fails, neglects or refuses to file a report with the Industrial Insurance Department as required by this act within ten days of the date of treatment, showing the condition of the injured workman at the time of treatment, a description of the treatment given, and an estimate of the prob- able duration of the injury, or who fails or refuses to render all necessary assistance to the injured workman as required in this act, shall be guilty of a misdemeanor. (L. '21, Ch. 182.) ACCIDENT REPORTS shall: 1. State the time, cause and nature o( the accident and injuries and the probable duration of disability. 2. State whether the accident occurred in the course of em- ployment. 3. Answer all questions on forms 21, 22 and 23. (Ruling of Commission, June 9, 1915). A CLAIM for compensation must show that: 1. The employer's business was extra-hazardous within the meaning of the act. 2. An accident occurred injuring the claimant while perform- ing his duty in such employment. 3. The injuries resulted in wholly or partially impairing his earning power at any gainful work. 4. The duration of the disability, if temporary, or the char- acter, if permanent, must, except in rare cases, be proved by report of a licensed physician or surgeon. No payment is allowed for the physician's report. When a claimant is unable to furnish proof of the magnitude of an injury sustained by the detailed report of a competent phy sician who made examination of the resulting physical condition within a reasonable time after the accident, the Supervisor of Industrial Insurance will not open the door to fraud by making an award unless the injury is of such continuing and serious char- acter that a state surgical examiner has been able to make a full and satisfactory special report thereon. Every physician examining an injury under the act shall be furnished a Form 23, Part 1, on which he shall report within ten days after the initial examination; and a Form 23, Part II, on which he shall report within ten days after the discharge of the patient. (Ruling of the Commission, Mar. 2, 1920). Claims not filed within one year are barred by statute, notwith- standing the infancy of the claimant at the time of the injury. (Re claim of Hilda Rassi. Op. Atty. Gen., Mar. 22, 1920 and Feb. 11, 1921). This does not bar claimant from making his claim within one year of time right accrues, when that right does not accrue until a date later than the injury. All blanks necessary in the judgment of the department for the administration of the law are to be furnished free to all employers coming within the purview of the act. 41 Filing of claim within year. Penalty for failure of Physician to report. 42 Industrial Insurance Physician required to testify. Medical examination of worltman. Effect of refusal to submit. Traveling expenses of workman. Accident re- port to em- ployer and department. Sec. 6604-12a. Physicians Required to Testify. In all hearings, actions or proceedings before the Commis- sion,* or before any court on appeal from the Commission,* any physician having theretofore examined or treated the claimant may be required to testify fully regarding such examination or treatment, and shall not be exempt from so testifying by reason of the relation of physician to patient. (L. '11, Ch. 74.) Sec. 6604-13. Workman Must Submit to Medical Examination. Any viforkman entitled to receive compensation under this act is required, it requested by the department to submit himself for medical examination at a time and from time to time at a place reasonably convenient for the workman and as may be provided by the rules of the department. If the workman refuses to submit to any such examination, or obstructs the same, his rights to monthly payments shall be suspended until such examination has taken place, and no compensation shall be pay- able during or for account of such period; or, if any injured workman shall persist in unsanitary or injurious practices, which tend to imperil or retard his recovery, or shall refuse to submit to such medical or surgical treatment as is reasonably essential to his recovery, the Commission* may reduce or suspend the compensation of such workman. If the workman necessarily incurs traveling expenses in attending for examination pursu- ant to the request of the department, such traveling expenses shall be repaid to him out of the accident fund upon proper voucher and audit. rL. '15-674; '17-76.) CLAIMANTS. Claimant may be required to submit to admin- istration of anaesthetic for purpose of making physical examina- tion, and in the event of refusal, monthly compensation and final settlement may be suspended. (Op, Atty. Gen., Dec. 31, 1918). "Whenever the time of an adjuster can be economized, he is authorized to request a claimant to travel to a central point to meet him for examination, such request to be in writing and accom- panied by necessary expense vouchers. Every such request should be reported by the adjuster in connection with his report on the case. (Rules of Commission, May 10, 1920). Sec. 6604-14. Report of Accident. Whenever any accident occurs to any workman it shall be the duty of such workman or some one in his behalf to forth- with report such accident to his employer, superintendent or foreman in charge of the work, and of the employer to at once report such accident and the injury resulting therefrom to the • The director of labor and industries shall have the power and it shall be his duty through and by means of the division of industrial insurance: (1) To exercise all the powers and perform all the duties now vested in, and required to be performed by, the industrial insurance department and the commissioners thereof. (Administrative Code, sec. 10836). Medical Aid and Safety Acts 43 department and also to any local representative of the depart- ment. (L. '15, 674.) PENALTY. "Every person who, after due notice, shall refuse or neglect to make or furnish any statement, report or informa- tion lawfully required of him by any public officer, or who, in such statement, shall make any wilfully untrue, misleading or exaggerated statement, or who shall wilfully hinder, delay or obstruct any public officer in the discharge of his official powers or duties shall be guilty of a misdemeanor." Rem. & Bal. Code Sec. 2672, Sec. 420, Chap. 249, Laws 1909. REPORTS shall: 1. State the time, cause, and nature of the accident and in- juries, and the probable duration of the injury resulting therefrom. 2. State whether the accident arose out of or in the course of the injured person's employment. 3. Answer fully all questions that appear on employer's report of accident. Form 21, and workman's report of accident, Form 22, so far as they apply to the particular accident being reported, and any other information pertinent to the injury. Ques- tions which are seemingly of no importance are asked for statis- tical purposes and should be answered whenever possible. Sec. 6604-15. Inspection of Employers' Books. The books, records and payrolls of the employer pertinent to Books must the administration of this act shall always bei open to inspection Jjfjtted" by the department or its traveling auditor, agent or assistant, for the purpose of ascertaining the correctness of the payroll, the men employed, and such other information as may be neces- sary for the department and its management under this act. Refusal on the part of the employer to submit said books, records penalty for and payrolls for such Inspection to any member of the Cornmis- refusal, sion,"" or any assistant presenting written authority from the Commission,-' shall subject the offending employer to a penalty of one hundred dollars for each offense, to be collected by civil action in the name of the state and paid into the accident fund, and the individual who shall personally give such refusal shall be .guilty of a misdem.eanor. MISDEMEANOR — Penalty, imprisonment in county jail not to exceed 90 days, or by a fine not to exceed $250,00. (Rem. & Bal. Code, Sec. 2266, Sec. 14, Chap. 249, Laws 1909). Sec. 6604-16. Penalty for IVIisrepresentation as to Payroll Any employer who shall misrepresent to the department the Misrepre- sentatic payroll amount of payroll upon which the premium under this act is sentation of 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 * The director of labor and industries shall have the power and it shall be his duty through and by means of the division of industrial insurance: (1) To exercise all the powers and perform ^11 the duties now vested in, and required to be performed by, the industrial insurance department and the commissioners thereof. (Administrative Code, sec. 10S36). 44 Indies trial Insurance Penalty. enforced in a civil action In the name of the state. All sums col- lected under this section shall be paid into the accident fund. (L. '11, Ch. 74.) Contractor responsible to Accident Fund. All contract work covered. Municipal employees. Act covers extra- hazardous work done by contract. Sec. 6604-17. Public and Contract Work. Whenever the state, county, any municipal corporation or other taxing district shall engage in any extra-hazardous work or let a contract therefor, in which workmen are employed for wages, this act shall be applicable thereto. The employer's pay- ments into the accident fund shall be made from the treasury of the state, county, municipality or other taxing district. If said work is being done by contract, the payroll of the contractor and the sub-contractor shall be the basis of computation, and in the case of contract work consuming less than one year in per- form.ance the required payment into the accident fund shall be based upon the total payroll. The contractor and any sub- contractor shall be subject to the provisions of the act, and the state for its general fund, the county, municipal corporation or other taxing district shall be entitled to collect from the con- tractor the full amount payable to the accident fund, and the contractor, in turn shall be entitled to collect from the sub- contractor his proportionate amount of the payment. Whenever and so long as, by state law, city charter or municipal ordinance, provision is made for municipal employees injured in the course of employment, such employees shall not be entitled to the bene- fits of this act and shall not be included in the payroll of the municipality under this act. The provisions of this act shall apply to all extra-hazardous work done by contract; the employer who lets a contract for such extra-hazardous work shall be responsible primarily and directly to the accident fund for the proper percentage of the total payroll of the work. The contractor and any sub-con- tractor shall be subject to the provisions of this act, and the employer 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 sub-contractor his propor- tionate amount of the payment. (L. '21 Ch. 182.) ARMORY. Work for state, by contractor comes under the act. (Op. Atty. Gen., Oct. 28, 1915) ; as does general work for state. (Op. Atty. Gen., Mar. 19, 1917). CONTRACTS. Both contractor and sub-contractor are liable for industrial insurance on a highway contract. (Op. Atty. Gen., Feb. 2, 1917). COST PLUS CONTRACTORS are employees and not independent operators. DIKING DISTRICTS. Counties were not liable for industrial insurance on payrolls on operations by diking districts before 1915, as they wre not classed as municipalities (Op. Atty. Gen., Feb. 18, 1915); but the 1915 legislature amended the law bringing them under with all taxing districts employing men in extra-hazardous work. (Op. Atty. Gen., Apr. 30, 1915). Medical Aid and Safety Acts 45 EMPLOYEES. Men employed to cut wood by the cord and who furnish their own tools and subsistence, and who can he paid off and laid off at any time are servants. (Op. Atty. Gen., May 19, 1914). FEDERAL WORK. Government employees are not under the Industrial Insurance Act, nor are employees of contractors doing work for the federal government on reservations acquired by pur- chase for the erection of forts, magazines, arsenals, dock yards and other needful buildings. (Op. Atty, Gen., Sept. 20, 1911). But em- ployees of contractors working for the government or for private parties on other government property or reservations are under the act. (Op. Atty. Gen., Nov. 9, 1914). Thus all work in the Navy Yard at Bremerton (Op. Atty. Gen., Sept. 20, 1911), on Federal office buildings (Op. Atty. Gen., June 12, 1914), in Rainier National Park (Op. Atty. Gen., Jan. 30, 1917), or on military reser- vations (Op. Atty. Gen., Feb. 27, 1920), is under federal Jurisdiction exclusively. But contract or private work on Indian reservations (Op. Atty. Gen., Nov. 9, 1914), forest reservations (Op. Atty. Gen., Nov. 9, 1914), and logging and reclamation work on federal lands (Op. Atty. Gen., May 14, 1920), are under the act. MANUAL. TRAINING. Teachers are under act where power driven machinery is used. (Op. Atty. Gen., Mar. 11, 1916). PAYMENTS. Payments into the accident fund are to be made out of the treasury of the city, county, school, port, drainage or taxing district; abstracts of contractors' payrolls, as well as of the direct employees in hazard, are to be forwarded to the department every four months. The public corporation is entitled (if it so elect) to recoup from the contractor. Contractors in such work are required to file payrolls monthly with the city, etc. PREMISES. A carpenter on the way to toilet is engaged in duties and on premises. (Welden v. Skinner & Eddy Corp., 103 W. 243). PREMIUMS. The Industrial Insurance Act is not unconstitu- tional as abridging the right to contract. The city can collect premiums paid from its contractors. (State ex rel. Pratt v. Seattle, 73 W. 396). PUBLIC CRUISER. Timber cruiser where employed by com- missioner of public lands does not come within provisions of act. (Op. Atty. Gen., Nov. 29, 1915). PUBLIC "WORK. Demand for premium due from contractor on public work should be made upon the public corporation and not upon the contractor. (Op. Atty. Gen., Dec. 12, 1917). Company managing RENTAL PROPERTIES employing car- penters and electrical workers are within the act. (St. v. Business Property Security Co., 87 W. 627). SCHOOL DISTRICTS are required to contribute to accident and medical aid funds where workmen are casually employed upon buildings or grounds; also, where power driven machinery is used under teacher in manual training dept. (Op. Atty. Gen., Aug. 26, 1919). STATE EMPLOYEES. Inspectors for the several departments, and field engineers such as those engaged in determining physical values of various public utilities for the public service commission, etc., are not workmen within the definition of the Industrial Insur- ance Act and do not come within its provisions. (Op. Atty. Gen., Mar. 30, 1916). TOWNSHIPS. Road overseer in county having township or- ganization is "workman" engaged in extra-hazardous occupation. The supervisor of industrial insurance cannot compel county to 46 Industrial Insurance submit reports covering- township employees nor is county to be lield responsible for premiums due accident fund from townships. (Op. Atty. Gen., Aug. 3, 1920). UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION, employees of, are not entitled to receive compen- sation under act. (Op. Atty. Gen., Nov. 18, 1918). UNIVERSITY. If men are employed that come within the act, premium should be paid. (Op. Atty. Gen., Dec. 7, 1912). Intrastate and inter- state railway employees. Liability in absence of Federal legislation. State indus- tries of interstate carriers. Sec. 6604-18. Interstate Commerce. Inasmuch as it has proved Impossible in the case of employees engaged in maintenance and operation of railways doing inter- state, foreign and intrastate commerce, and in maintenance and construction of their equipment; to separate and distinguish the connection of such employees with interstate or foreign com- merce from their connection with intrastate commerce, and such employees have, in fact, received no compensation under this act, the provisions of this act shall not apply to work performed in the maintenance and operation of such railroads or performed in the maintenance or construction of their equipment, or to the employees engaged therein, but nothing herein shall te con- strued as excluding from the operation of this act railroad con- struction work, or the employees engaged thereon: Provided, however. That common carriers by railroad engaged in such interstate or foreign commerce and in intrastate commerce shall, in all cases where liability does not exist under the laws of the United States, be liable in damages to any person suffering injury while employed by such carrier, or in case of the death of such employee to his surviving wife and child, or children, and if no surviving wife or child or children, then to the parents, sisters, or minor brothers, residents of the United States at the time of such death, and who were dependent upon, such deceased for support, to the same extent and subject to the same limita- tions as the liability now existing, or hereafter created, by the laws of the United States governing recoveries by railroad em- ployees injured while engaged in interstate commerce. Provided further, however. That if any interstate common carrier by rail- road shall also be engaged in one or more intrastate enterprises or industries (including street railways and power plants) other than its railroad, the foregoing provisions of this section shall not exclude from the operation of the other sections of this act or bring under the foregoing proviso of this section any extra hazardous work of such other enterprise or industry, the payroll of which may be clearly separable and distinguishable from the payroll of the maintenance or operation of such railroad, or of the maintenance or construction of its equipment. (L. '19, Ch. 67.) INTERSTATE COMMERCE. It any portion of a railroad's business is interstate, it is immaterial whether a trainman when injured was eng-aged in interstate commerce. He is excluded. (S. & L E. Ry. Co. V. Wilson, 104 W. 171). Medical Aid and Safety Acts 47 The repair of a bridge used continuously by replacing timbers is under interstate commerce. (State v. Bates & Rogers Const. Co., 91 W. 181). Salesmen soliciting orders, and truck drivers distributing such orders, for goods sold from San Francisco, shipped to Seattle in large quantities, broken up and distributed from there, are not under the act. (Op. Atty. Gen., Mar. 17, 1920). Deck hands on boats engaged in interstate commerce are not within the act. (Op. Atty. Gen., Apr. 8, 1915); but deck hands on boats engaged in intrastate commerce are. (Op. Atty. Gen., Apr. 28, 1915). If an employee is engaged in work clearly separable from interstate commerce of railroad, he is entitled to compensation under the Industrial Insurance Act and limited to that act for remedy. If demand has been made on company for premiums on part of payroll, claimant may elect whether to take under act or bring suit. If work was not separable, his right to recover exists as it did prior to act (Op. Atty. Gen., June 4, 1917); and where it is impossible to segregate the "work done by employees of a rail- road for interstate and intrastate operation such employees do not come under the act. (Op. Atty. Gen., Apr. 29, 1914). A railroad cannot contract to accept the terms of the act and relieve themselves from liability to employees under the federal act. (Op. Atty. Gen., May 1, 1912). Railroad construction work is within the act as distinguished from maintenance and operation of railroads in intrastate, inter- state or foreign commerce, which is excluded. (Op. Atty. Gen., Oct. 5, 1920). In the opinion of this Department railroad construction for an interstate carrier is under the state's jurisdiction, whether the work be performed by a railroad company's own employees or by contract; such construction work does not become interstate commerce until turned over to the actual use of interstate trade. Operation and repair including incidental replacements and betterments covered by the Federal Liability Act, April 22, 1908 (35 Statutes-at-Large, 65); which furnishes employees therein an exclusive remedy and forbids agreements outlined in this section. See Second Employers' Liability Cases, 223 U. S. 1. (Jan. 15, 1912); 32 Sup. Ct. 169. Southern Ry. Co. v. United States, 222 U. S. 20; Pederson v. Delaware, etc., R. R., 184 Fed. 737 (bridge worker); Employers' Liability Cases, 207 U. S. 463; Tamura Ry. Co. v. G. N. By. Co., 108 Pac. 774 (loading rails). Zikos V. O. R. & N. Co., 179 Fed. 893 (section hand). N. P. Ry. V. Anna Maerkl, Admx., C. C. A. Portland, Aug. 5, 1912, 198 Fed. 1 (car repairer). Stevedoring done by seamen engaged in interstate commerce is not subject to premium. (Op. Atty. Gen., May 5, 1913). New and original construction of telegraph lines is covered by the act although the lines will be used in interstate commerce when completed. (State v. Postal Telegraph Cable Co., 101 W. 630). A workman engaged as helper in Great Northern depot is not entitled to compensation. (Op. Atty. Gen., Apr. 2, 1920). Provision excluding employees in interstate commerce does not deny the equal protection of the laws guaranteed by the Federal Constitution. (Archibald v. N. P. By. Co., 108 W. 97). Boats engaged in interstate commerce do not come under act. (Op. Atty. Gen., Apr. 8, 1915). 48 Industrial Insurance Application of Act to maritime occupations. Sec. 6604-18a. Maritime Works or Occupations. The provisions of this act shall apply to employers and work- men engaged in maritime works or occupations only in cases where and to the extent that the payroll of such workmen may and shall be clearly separable and distinguishable from the pay- roll of workmen employed under circumstances in which a liabil- ity now exists or may hereafter exist in the courts of the admir- alty of the United States: Provided, That as to workmen whose payroll is not so clearly separable and distinguishable, the em- ployer shall in all cases be liable in damages for injuries to the same extent and under the same circumstances as is specified in the case of railroads in the first proviso of Section 6604-18. (L. '19, Ch. 67.) ACT does not destroy remedy in admiralty. (The Pred E. Sander, 208 Fed. 724). ADMIRALTY. Work on a floating dredge is under admiralty. The department is entitled to premiums for employees on land so far as the same can be segregated. (Puget Sound Bridge & Dredging Co. v. Ind. Ins. Com., 105 W. 272). Federal Judiciary Act of Oct. 17, 1917, U. S. Corap. St. No. 991-1233 does not establish state Jurisdiction. (Lund v. Griffith & Sprague Stevedoring Co., 108 W. 220). GANGPLANK. Whether a gangplank is under act or admir- alty depends on whether it is part of the equipment of the dock or ship. (Rulings of Commission. Bulletin, Vol. 1, No. 5). LAKE WASHINGTON CANAL. Installing machinery of locks is under act. The establishing of the canal brought Lake Wash- ington under admiralty. (Op. Atty. Gen., Mar. 22, 1916). LOGGING AND BOOM WORK. This class of work Is covered except where men are in boats or on completed rafts in tow upon interstate or tide waters. (Rulings of Commission. Bulletin, Vol. 1, No. 1). NAVIGABLE WATERS. Jurisdiction of the department covers only non-navigable and inland waters. (State ex rel. Jarvis v. Daggett, 87 W. 253). NON-NAVIGABLE SLOUGH. Floating piledriver in a slough navigable for logs only, is under the act. (Ruling of Commission. Bulletin, Vol. 1, No. 5). PUGET SOUND. Seamen injured on boats in Puget Sound are not under the act. (Op. Atty. Gen., Sept 22, 1915); Also fishermen In boats on the Sound. (Op. Atty. Gen., Oct. 2, 1919). Workman killed while "working on ship which had just been launched and was floating on navigable waters, but was not yet completed, was not under act. (Op. Atty. Gen., Mar. 16, 1921); nor is a man working in the hold of a ship being unloaded at a wharf. (Shaughnessy v. Northland S. S. Co., 94 W. 325). Sec. 0604-18b. Payrolls to Be Clearly Separable and Dis- tinguishable. Applicability The provisions of this act shall apply to employers and work- of Act to in- jjrigji (other than railways and their workmen) engaged in intra- state and also in interstate or foreign commerce, for whom a rule of liability or method of compensation now exists under or may interstate commerce. Medical Aid and Safety Acts 49 hereafter be established by the Congress of the United States, only to the extent that the payroll of such workmen may and shall be clearly separable and distinguishable from the payroll of workmen engaged in interstate or foreign commerce: Provided, That as to workmen whose payroll is not so clearly separable and distinguishable, the employer shall in all cases be liable in dam- ages for injuries to the same extent and under the same circum- stances as is specified In the case of railroads in the first proviso of Section 6604-18. (L. '19, Ch. 67.) SEGREGATION OF PAYROLL. Arbitrary fractional segrega- tions of offshore and onshore work are permitted "where the cir- cumstances do not enable exact segregations and where it is pos- sibile to make a close approximation by this method. (Rulings of Commission. Bulletin, Vol. 1, No. 2). Sec. 6604-19. Elective Adoption of Act. Any employer and his employees engaged in works not extra Employee hazardous may, by their joint election, filed with the department, ^^ come accept the provisions of this act, and such acceptances, when '^i'^''\ scope 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. (L. '11, Ch. 74.) ELECTIVE ADOPTION. After an employer and employee have elected with the approval of the department to bring themselves under the act, they cannot withdraw; the election is irrevocable. (Op. Atty. Gen., Mar. 2, 1916); however, if the relation of employer and employee ceases, the elective adoption agreement terminates. (Op. Atty. Gen., Mar. 29 and Apr. 20, 1916). Medical aid for employees under elective adoption. See notes to Section 35. RATE. Elective adoption rate is ?1.35 per UOO.OO payroll. Sec. 6604-30. Court Review. Any employer, workman, beneficiary, or person feeling Proceedings aggrieved at any decision of the department affecting his inter- ^viewed, ests under this act may have the same reviewed by a proceeding for that purpose, in the nature of an appeal, initiated in the superior court of the county of his residence (except as other- wise provided In subdivision (1) of Section numbered 5), in so far as such decision rests upon questions of fact; or on the proper application of the provisions of this act, it being the intent that matters resting in the discretion of the department shall not be subject to review. The proceedings in every such appeal shall be informal and summary, but full opportunity to be heard shall be had before judgment is pronounced. No such appeal shall be entertained unless notice of appeal shall have been served by mail or personally upon some member of the 50 Industrial Insurance No bond required. Jury upon demand. Attorney General legal adviser. Burden of proof. Commission* within twenty days following the rendition of the decision appealed from and communication thereof to the person affected thereby. No bond shall be required, except that an appeal by the employer from a decision of the department under Section 9 shall be ineffectual unless, within five days following the service of notice thereof, a bond, with surety satisfactory to the court, shall be filed, conditioned to perform the judgment of the court. Except in the case last named an appeal shall not be a stay. The calling of a jury shall rest in the discretion of the court except that in cases arising under Sections 9, 15 and 16 either party shall be entitled to a jury trial upon demand. It shall be unlawful for any attorney engaged in any such appeal to charge or receive any fee therein in excess of a reasonable fee, to be fixed by the court in the case, and, if 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 pro- ceedings, whenever so requested by any of the Commissioners.* In all court proceedings under or pursuant to this act the decision of the department shall be prima facie correct, and the burden of proof shall be upon the party attacking the same. (L. '11, Ch. 74.) APPEAL. Claimant appealing from an award made him does not waive his right to such compensation as has been allowed him. fOp. Atty. Gen., May 18, 1916). EVIDENCE. The findings of the supervisor of industrial In- surance are prima facie correct, and will be sustained unless the evidence clearly preponderates against them. (Marney v. Ind. Ins. Com., 98 W. 204). FORTUITOUS EVENT. Hernia is compensable if it result from a. "fortuitous event," which is held to be an "accident." Rules of the commission are prima facie correct and the burden is on the person contesting them. (Zappala v. Ind. Ins. Com., 82 W. 314). QUESTIONS OP FACT. Questions pertaining to the classifica- tion of an injured workman, and his right to compensation are subject to review on appeal as "questions of fact." (Parker v. Ind. Ins. Com., 102 W. 54). REVIEW OF AWARD. An award of the supervisor of indus- trial insurance will be reviewed only where made arbitrarily and capriciously. (Sinnes v. Daggett, 80 W. 673), (Chalmers v. Ind. Ins. Com., 94 W. 490). The findings and award of the department * The director of labor and industries shall have the power and it shall be his duty through and by means of the division of industrial insurance: (1) To exercise all the powers and perform all the duties now vested in, and required to be performed by, the industrial insur- ance department and the commissioners thereof. (Administrative Code, Sec. 10836.) Medical Aid and Safety Ads 51 appear to be reversible only on three grounds: (1) That it acted without or in excess of Its powers; (2) That the award was pro- cured by fraud; (3) That the findings of fact by the department do not support the award. No attorney fees can be allowed on appeal from the superior court to the supreme court or as the condition of appeal. (O'Brien v. Ind. Ins. Com., 100 W. 674). Sec. 6604-21. Creation of Department. The administration of tliis act is imposed upon a department, to be known as the Industrial Insurance Department,* to con- sist of three Commissioners* to be appointed by the Governor. One of them shall hold offlce for the first two years, another for the first four years, and another for the first six years, following the passage and approval of this act. Thereafter the term shall be six years. Each Commissioner* shall hold until his successor shall be appointed and shall have qualified. A decision of any question arising under this act concurred in by two of the Com- missioners* shall be the decision of the department. The Gov- ernor may at any time remove any Commissioner* from office in his discretion, but within ten days following any such removal the Governor shall file in the office of the Secretary of State a statement of his reasons therefor. The Commission* shall elect one of their members as chairman. The main office of the Com- mission* shall be at the state capital, but branch offices may be established at other places in the state. Each member of the Commission* shall have power to issue subpoenas requiring the attendance of witnesses and the production of books and docu- ments. Sec. 6604-21a. Attendance of Witnesses and Examination of Records. The superior court shall have power to enforce by proper proceedings the attendance and testimony of witnesses and the production and examinaticn of books, papers and records before the Industrial Insurance Department.* Sec. 6604-23. Salarj of Commissioners.* The salary of each of the Commissioners* shall be forty-two hundred dollars ($4,200.00) per annum, and he shall be allowed his actual and necessary traveling and incidental expenses; and any assistants to the Commissioners* shall be paid for each full day's service rendered by him, his actual and necessary traveling expenses and such compensation as the Commission* may deem proper. Each Commissioner* shall give a surety company bond in the sum of twenty-five thousand dollars ($25,000.00) payable * The director of labor and industries shall have the power and it shall be his duty through and by means of the division of industrial insurance: (1) To exercise all the powers and perform all the duties now vested in and required to be performed by, the industrial insurance department and the commissioners thereof. (Administrative Code, sec. 10S36). 52 Industrial Insurance to the State of Washington, conditioned upon the faithful per- formance of his duties, and the person designated by the said Commission* as claim agent shall give a surety company bond in the sum of twenty thousand dollars ($20,000.00) payable to the State of Washington, conditioned upon the faithful perform- ance of his duties. Sec. 6604-23. Deputies and Assistants. The Commissioners* may appoint a sufficient number of auditors and assistants to aid them in the administrationi of this act and fix the compensation of such auditors and assistants at a total expense of not to exceed one hundred twenty thousand dollars ($120,000.00) per year. They may employ one or more physicians in each county for the purpose of official medical ex- aminations, whose compensation shall be limited to five dollars ($5.00) for each examination and report therein. They may pro- cure 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 main- tain a uniform form of payroll. Rules for administra- tion of Act. Medical treatment. Sec. 6604-24. Conduct, Management and Supervision of De- partment. The Director of Labor and Industries shall, in accordance with the provisions of this act: 1. Establish and promulgate rules governing the adminis- tration 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 efficient and up to the recognized standard of modern surgery. 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 Governor from time to time any violations or laxity in per- formance of protective statutes or regulations coming under the observation of the department. •Under the administrative code, subordinates are appointed by the supervisor of industrial insurance with the approval of the director of labor and industries. (See Administrative Code Sec 10S33). statistics. Annual Report. Rules — Penalty. Medical Aid and Safety Acts 53 7. Create a division of statistics within which shall be com- piled such statistics as will afford reliable information upon which to base operations of all divisions under said department. 8. Make annual report to the Governor (one of them not more than sixty nor less than thirty days prior to each regular session of the legislature) of the workings of the department, and showing the financial status and the outstanding obligations of the accident fund, and the statistics aforesaid. (L. '21, Ch. 74.) RULES. The rules of the commission are prima facie correct and the burden of proof is on the person contesting them. (Zap- pala v. Ind. Ins. Com., 82 W. 314). Sec. 6604-24a. Penalty for Failure to Comply with Rules of the Department. Every person, firm or corporation who shall violate or fail to violation of obey, observe or comply with any rule of the department promul- gated under authority of this act, shall be subject to a penalty of not to exceed two hundred and fifty dollars ($250.00). Such penalty may be recovered in a civil action in the name of the state, and shall be paid into the accident fund. (L. '11, Ch. 74.) Sec. 25. Repealed. Sec. 6604-26. Disbursement of Funds. Disbursement out of the funds shall be made only upon war- rants 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 upon his next following contribution to such fund the amount so paid with interest thereon at the legal rate from the date of such payment to the date such next fol- lowing contribution became payable, and if the amount of the credit shall exceed the amount of the contribution, he shall have a warrant upon the same fund for the excess, and if any such warrant shall not be so paid, it shall remain, nevertheless, payable out of the fund. The State Treasurer shall to such extent as shall appear to him to be advisable keep the moneys of the unseg- regated portion of the accident fund invested at interest in the class of securities provided by law for the investment of the permanent school fund. The State Treasurer shall be liable on his oflicial bond for the safe custody of the moneys and securi- ties of the accident fund, but all the provisions of an act approved February 21, 1907, entitled "An act to provide for state deposi- tories and to regulate the deposits of state moneys therein," shall be applied to said moneys and the handling thereof by the State Treasurer. (L. '11, Ch. 74.) Employer shall pay warrant. Credit to account. State Treasurer liable. 54 Industrial Insurance Sec. 6604-27. Test of Invalidity of Act. If any employer shall be adjudicated to be outside the lawful Adjudication scope of this act, the act shall not apply to him or his workmen, £fr' validity '^^ *^ ^"^^ workman shall he adjudicated to be outside the lawful of Act. scope of this act because of remoteness of his work from the hazard of his employer's work, any such adjudication shall not impair the validity of this act in other respects, and in every such case an accounting in accordance with the justice of the case shall be had of moneys received. If the provisions of Sec- tion 4 of this act for the creation of the accident fund, or the provisions of this act making the compensation to the workmen provided in it exclusive of any other remedy on the part of the workman shall be held invalid the entire aqt shall be thereby invalidated except the provisions of Section 31, and an account- ing 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. (L. '11, Ch. 74.) Tliis act was declared constitutional by the United States Su- preme Court in the case of State v. Mountain Timber Co., 243 U. S. 219. (See language of opinion in case of Shaughnessy v. North- land S. S. Co., 94 W. 325, at page 333). 1911 Act held constitutional. Partial invalidity, police power, right of jury trial, liberty to contract, class legislation, and equal protection considered in case (State ex rel. Davis-Smith Co., v. Clausen, 65 W. 156). Statute ot Limitations saved. Sec. 6604-28. Statute of Limitations Saved. If the provisions of this act relative to compensation for injuries to or death of workmen become invalid because of any adjudication, or be repealed, the period intervening between the 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 adjudication; 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 fund the payment provided by Section 4, such sums shall be credited upon the recovery as payment thereon, otherwise the sum shall not be so credited, but shall be deducted from the sum collected and be paid into the said fund from which they had been previously disbursed. (L. '11, Ch. 74.) Medical Aid and Safety Acts 55 Sec. 6604-29. Appropriations. There is hereby appropriated out of the state treasury the sum of one hundred and fifty thousand dollars, or so much thereof as may be necessary, to be known as the administration fund, out of which the salaries, traveling and office expenses of the department shall be paid, and also all other expenses of the administration of the accident fund; and there is hereby appro- priated out of the accident fund for the purpose of 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. Sec. 6604-30. Safeguard Regulations Preserved. Nothing in this act contained shall repeal any existing law Safeguard providing for the installation or maintenance of any device, sl^^'d.*'""^ means or method for the prevention of accidents in extra-haz- ardous work or for a penalty or punishment for failure to install or maintain any such protective device, means or methods, but Sections 8, 9 and 10 of the act approved March 6, 1905, entitled "An act providing for the protection and health of employees in factories, mills or workshops, where machinery is used, and providing for suits to recover damages sustained by the viola- tion thereof, and prescribing a punishment for the same." (L. '11, Ch. 74.) The formation of corporate or voluntary associations by mem- bers of the compulsory classes of employers, to study methods, and appliances for accident prevention and to reduce the insurance cost under this act is urged and the cooperation of the depart- ment tendered. Safety committees are now organized in a majority of the mills, factories and workshops throughout the state. Sec. 6604-31. Di.stribution of Funds in Case of Repeal. If this act shall be hereafter repealed, all moneys which are in the accident fund at the time of the repeal shall be subject to such disposition as may be provided by the legislature, and in default of such legislative provision distribution thereof shall be in accordance with the justice of the matter, due regard being had to obligations of compensation incurred and existing. (L. ■11, Ch. 74.) Sec. 6604-32. Saving Clause. This act shall not affect any action pending or cause of action existing on the thirtieth day of September, 1911. Sec. 6604-32 ?4. Application of Amendatory Act. For all cases of injuries to workmen which occurred before this act shall go into effect Sections 6604-3, 6604-5, 6604-6 and 6604-10 shall continue in force as they were prior to and they shall be unaffected by the passage of this amendatory act. The amend- Disposition of funds in case of repeal. 56 Industrial Insurance atory provisions of Sections 2, 4, 5 and 6 of this act shall apply only to injuries occurring after they shall go into effect. Sec. 6604-32 f^. Emergency. This act is necessary for the immediate preservation of the public health and safety and shall take effect immediately. Passed the House, March 3, 1919. Passed the Senate, March 10, 1919. Approved by the Governor, March 15, 1919. Medical Aid and Safety Acts 57 II. MEDICAL AID ACT Classifica- tion of industries. Section 6604-33. It is the intent to require the Industries of the state to furnish medical, surgical and hospital care to their injured workmen and to place the expense thereof upon each industry and upon each establishment in such industry as near as may be in the proportion in which it produces injury and creates expense. To this end the division of industrial insur- ance shall divide the industries of the state into five classes rep- resenting five degrees in the causation of injury and consequent expense for the medical, surgical and hospital care thereof, and said classes to be designated respectively: Class A, Class B, Class C, Class D, Class E. The industries shall be distributed into these classes as follows: In Class C, those industries which produce nearest the average degree of causation and expense; in Class A, those which produce nearest one-half of such average; in Class B, those which produce nearest three-fourths of such average; in Class D, those which produce one and one-fourth times such average; in Class E, those which produce nearest one and one-half times such average. The director of labor and in- dtistries through and by means of the division of industrial insurance shall annually, before January 1st of each year, fix for the ensuing year, the rate which each firm shall pay into the medical aid fund, which rate may be increased or decreased, 9^. *n<3iis- , , , tries. based upon the cost experience of such firm for the preceding year, within the limits of payment now existing as follows: When the accident cost to the medical aid fund of an employer be not less than 76% or more than 90% of his contribution his medical aid rate shall remain the same. When the accident cost to the medical aid fund of an employer be not less than 51% nor more than 76% of his contribution his medical aid rate shall be reduced to the next lower rate. When the accident cost to the medical aid fund of an employer be not less than 26% nor more than 51% of his contribution his medical aid rate shall be re- duced to the second next lower rate. When the accident cost to Merit rating NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart; ment of Labor and Industries under Sec. 10893. 58 Industrial Insurance Appeal from classifica- tion. the medical aid fund of an employer be not less than 90% nor more than 125% of his contribution his medical aid rate shall be increased to the next higher rate. When the accident cost to the medical aid fund of an employer be more than 125% of his contribution his medical aid rate may be advanced to the second next higher class. That for the purpose of carrying out the intent of this section in merit rating and penalizing, of those industries and employers in Classes D and E there be created two additional classes, desig- nated respectively as Class F and Class G. In Class F, shall be distributed those industries which produce nearest one and three-fourths times the average degree of causation and expense; in Class G those which produce nearest two times such average. Those industries and employers in Classes D and E who shall be penalized as provided in this section shall be placed in Class F or Class G respectively for the ensuing year, as herein other- wise provided for the re-rating of classes A, B, C, D and E. In no case shall the reduction in one year be greater than two classes and in no case shall the advance in one year Be greater than two classes: Provided. That the annual re-rating directed herein shall not apply to establishments under contracts with physicians, surgeons or owners of hospitals operating the same while such contract is in effect. From the original classi- fication or any change made therein any employer or workman claiming to be aggrieved may upon application, have a hearing before the division of the Industrial insurance upon notice to the interested parties and in the manner provided in Section 6604-20, a review by the courts. The body of interested work- men may designate in writing in duplicate, one of them to be the recipient of service upon all of them, one copy to be posted for local convenience, and the other to be filed with the secretary of the supervisor of industrial insurance. In default of any such designation, service upon any one workman other than the one instituting a complaint shall be service upon all. (L. '21, Ch. 74.) In changing classification the medical aid board is limited to the five classes and five rates. (Op. Atty Gen., May 17, 1917 and June 27, 1917), but 1921 legislature added classes "P" and "G" for purpose of merit ratings. NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. Medical Aid and Safety Acts 59 Sec. 0604-34. Creation of Medical Aid Fund. A fund is hereby created In the state treasury to he known as the medical aid fund. Into it shall be paid by each employer on or before the fifteenth day of .Tune, 1917, and on or before the fifteenth day of each month thereafter for each day's work or fraction thereof done for him in extra-hazardous employment in or during the preceding calendar month the following amount, to-wit: In class A one cent, in class B one and one-half cents, in Rate of class C two cents, in class D two and one-half cents and in class contribution. E three cents. Any such monthly payment in any class may be omitted for and during any month or months if the State Medi- omission of cal Aid Board* shall certify that the accumulated fund is sufficient contribu- te permit such omission. Any monthly payment may be increased by the State Medical Aid Board* if they find, and to the extent to which they find the fund on hand, together with the current payments, will be insufficient to meet the anticipated demands thereon for the ensuing month. Notice of any such increase shall be mailed to each employer at least twenty days prior to the date of payment, and shall be communicated by the employer to his employees. The employer shall deduct from the pay of collection of each of his workmen engaged in extra-hazardous work one-halt payments. of the amount the employer is required by the foregoing pro- vision of this section to pay into said fund for or on account of the employment of such workman. The collection of the pay- ments In this section provided for. and the keeping of accounts of collection, shall be in the hands and within the powers and duties of the State Industrial Insurance Commission,* and the expense of such bookkeeping, collection, necessary auditing and investigation of payrolls, shall be paid out of the administration fund of said Commission.* The files and records of the Indus- trial Insurance Department* and those of the State Medical Aid Board* shall be subject to the reasonable use thereof by the other body, and the Industrial Insurance Department* shall furnish the State Medical Aid Board* all data available to the department required by the state board. (L. '19, Ch. 129.) NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. 60 Industrial Insurance Limitation of treat- ment. Written order for continuation of treat- ment. First aid liits and stations. Maintenance of first aid Itits and sta- tions. Artificial eye or limb furnished. Sec. 6604-35. Medical, Surgical and Hospital Treatment. Upon the occurrence, after June 30, 1917, of any injury to a workman entitled to compensation under the provisions of said Section 6604, he shall receive in addition to such compensation, and out of the medical aid fund, proper and necessary medical and surgical services, at the hands of a physician of his own choice if conveniently located and proper and necessary hospital care and services during the period of his disability from such injury, but the same shall be limited in point of duration as fol- lows: In the case of permanent partial disability not to extend beyond the date when compensation shall be awarded him out of the accident fund, in case of temporary disability not to extend beyond the time when the monthly allowances to him out of the accident fund shall cease, in case of a permanent total disability not to extend beyond the date on which a lump sum settlement is made with him or he is placed upon the permanent pension roll. But after any injured workman shall have returned to his work his medical and surgical treatment may be continued at the ex- pense of the medical aid fund if, and as long as, such continua- tion is deemed by the supervisor of industrial insurance to be necessary to his complete recovery. In order to authorize such continued treatment in any case the written order of the supervi- sor of industrial insurance issued in advance of the continuation shall be necessary. Every employer, who employs less than fifty workmen, shall keep at his plant a first aid kit equipped as re- quired by the state board with materials for first aid to his injured workmen. Every employer, who employs within a radius of one-half mile of any plant or establishment fifty or more workmen, shall keep one first aid station equipped as required by the state board with materials for first aid to his injured workmen. The maintenance of such first aid kits and stations shall be deemed to be a part of any educational standards established under the provisions of section 6604-55 and 6604-57. When the injury to any workman is sa serious as to require his being taken from the place of injury to a place of treatment, his employer shall, at his own expense and without charge against the medical aid fund, furnish transportation to the nearest place of proper treatment. Every workman whose injury shall NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. Medical Aid and Safety Acts 61 result in the loss of limb or eye shall be at once provided by the supervisor of industrial insurance at the expense, not to exceed the sum of one hundred sixty-five dollars ($165.00) in any case, of the accident fund, out of which his compensation shall come, an artificial substitute. Every workman, who shall suffer a penetrating wound of the cornea producing an error of refrac- tion, shall be once provided at the expense of the accident fund, out of which his compensation shall come, proper and properly equipped lenses to correct such error of refraction, and his dis- ability rating shall be based upon the corrected result. A workman, whose injury is of such short duration as to bring him within the provisions of subdivision (1) of section 6604-5, shall nevertheless receive during the omitted period medical, surgical and hospital care and service and transportation under the provisions of this section. (L. '21, Ch. 182.) ELECTION. Workman injured away from plant of employer recovering less than compensation from third party is entitled to benefits of Medical Aid Act; BUT a workman injured away from plant of employer recovering an amount equal to, or more than, the compensation from third party is not entitled to benefits of Medical Aid Act. (Op. Atty. Gen. Jan. 19, 1920.) Employers and employees coming- within the scope of the act under the elective adoption agreement are also entitled to Medical Aid benefits. (L. '21, Ch. 182.) Sec. 6604-36. Creation of Medical Aid Board.* A board is hereby created to be known as the State Medical Rules. Aid Board,* hereinafter designated as the state board, * which shall have power and whose duty it shall be to from time to time establish and promulgate printed forms, rules, regulations and practices for the furnishing of such care, treatment and services to workmen. Such rules, regulations and practices may vary between the different localities and industries, but shall be in accordance with the rule established in section 6604-33, and with the principle that the injured workman shall have the most prompt and efficient care and treatment at the least cost consistent with promptness and efficiency, without discrim- ination or favoritism, and with as great uniformity as the various and diverse [divers] surrounding circumstances and location of industries will permit. The state board * shall make Pees. NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. 62 Complainti Duties. Reports. Industrial Insurance and from time to time cliange as may be, and shall promulgate a fee bill of the maximum charges to be made by any physician, surgeon, hospital, druggist or other agency or person rendering services to injured workmen. No service covered by such fee bill shall be charged for or paid out of the medical aid fund at a rate or rates exceeding those specified in such fee bill, and no contract providing for greater fees shall be valid as to the excess. Any interested employer or workman may complain to the state board * against any such rule or regulation. A hear- ing shall be had on such complaint upon notice to the employer, and upon the employees in the manner provided in section 6604-33, and from the decision an appeal will lie to the courts in the manner provided in section 6604-20. (L. '17, Ch. 28.) •(See note at foot of page.) Sec. 6604-37. Duties of Medical Aid Board.* It shall be the duty of the state board* to supervise and con- trol the administration of the rules, regulations and practices promulgated by it and the details thereof, and it shall have supervisory power over the acts and practices of the local aid boards.'^ (L. '19, Ch. 129.) *(See note at foot of page.) Sec. 6604-38. Salaries of Commissioner and Assistants.* — (Repealed.) Sec. 660-1-39. Creation of Local Aid Boards.* — (Repealed.) *(See note at foot of page.) Sec. 6604-40. Duties of Local Aid Boards.* It shall be the duty of each local aid board* to provide care and treatment for each workman injured after June 30th, 1917, In extra-hazardous employment, to forthwith report to the state board,* and through the state board* to the Industrial Insurance Commission,* the commencement of every disability and the ter- mination of the same, and each such report shall be a part of the record of the case in the office of the Industrial Insurance Com- mission* and shall be taken into consideration in the adjust- ment or settlement of the amount of the award in the case. Each NOTE. — By the Administrative Code, Sec. 10836, tlie Director of La.bor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through tlie Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. Medical Aid and Safety Acts 63 local aid board* shall also report to the state board* the cause of each injury, with recommendations for the Improvement of the service, and of the administration, and Mso, subject to the provisions of section 6604-37, to certify to the state board* all "bills rendered for care or treatment of injured workmen, with Bills. power to reject any bill or item thereof incurred in violation of the principle laid down in section 6604-36. It shall also be the duty of each local aid board* to promptly inspect inspect and analyze all serious accidents to workmen (other accidents. than coal miners) occurring within its district and to report to the State Safety Board* the cause of the accident and to sug- Educational gest a remedy to prevent repetition of the same, not only in standards, the establishment in which the accident occurred, but also in all other like establishments; and, subject to the supervision in the first instance of the State Labor Commissioner* and secondarily of the State Safety Board,* to have charge of the educational features of safety work (other than for coal min- ing), within its own district. At the end of each calendar year Certificates, each local aid board* shall issue to the State Safety Board* a certificate of the compliance or non-compliance during that year of each establishment or employer in its district within its jurisdiction of the educational standards established for the same. The State Safety Board* shall have the power of revision of such certificates and shall forthwith issue to the Industrial Insurance Commission* a final certificate of such compliance or non-compliance for each case for that year. *(See note at foot of page.) Sec. 6604-41. Right of Appeal. The injured workman, or anyone connected with his treat- Appeal ment, or any interested employer, may appeal from any contract made by and decision rendered by or any practice or act of the local aid board* to the state board.* Any such appeal may be effected by written or telegraphic notice to the secretary of the state board.* Except in cases of medical or surgical emergency, the hearing of such appeal shall be upon notice given by the secretary or any member of the state board* to the workman under treatment, if there be one, or to some member of his family, to the employer or employers and employees in- to Board. NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. 64 Industrial Insurance To courts. Penalty. Collection. Custody of fund. terested. The notice to the employees may be given in the manner provided in section 6604-33. From a decision of the state board* an appeal will lie to the courts as provided in sec- tion 6604-20, except that if the appellant prevails, the fees and costs allowed him in his favor shall be payable out of the medical aid fund. The question for decision by the state board* or the courts shall be whether or not the matter complained of is violative of the principle laid down in section 6604-36. •(See note at foot of page.) Sec. 6604-42. Misrepresentation of Contribution Due. Any employer who shall knowingly misrepresent the amount of contribution due from him to, or collected by him for the medical aid fund shall be liable to the state in civil action for the benefit of said fund in ten times the amount attempted to be concealed or withheld by such misrepresentation, and shall be also guilty of a misdemeanor. Any person, firm or corporation who not having previously reported to the secretary of the state board,* shall establish any new plant, or works, or enter upon the performance of any new building contract or construction contract and who shall fail to send written notice thereof to said secretary within five days after such establishing or entering shall be guilty of a misdemeanor. Sec. 6604-43. State, County or Public Work. Where the state, county or municipality is employer or con- tractor for work, and in all cases of work done by private contract or sub-contract, the amounts due the medical aid fund shall so far as practicable, be collectible by the method provided in section 6604-17. Sec. 6604-44. State Treasurer Responsible for Safe Custody of Funds. The State Treasurer shall be liable on his official bond for the safe custody of the moneys of the medical aid fund. All provisions of the act referred to in section 6604-26 shall be applied to said moneys and the handling thereof by the State Treasurer. NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance: he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. Medical Aid and Safety Acts Sec. 6604-45. Contracts Invalid Unless Approved by Supervi- sor of Industrial Insurance. Any contract made in violation of this act shall he invalid, except that any employer engaged in extra-hazardous work may with the consent of a majority of his workmen, enter into written contracts with physicians, surgeons and owners of hospitals operating the same, or with hospital associations, for medical, surgical and hospital care to workmen injured in such employment by and under the control and administration of and at the direct expense of the employer and his workmen. Such a contract shall not he assignable or transferable by opera- tion of law or otherwise except with the consent of the super- visor of industrial insurance endorsed thereon. Before any such contract shall go into effect it shall be submitted to the super- visor of industrial insurance, and may be disapproved by the supervisor of industrial insurance when found not to provide for such care of injured workmen as is contemplated by the provisions of section 6604-36, and if a contract so submitted be with the owners of a hospital operating the same, or with a hospital association, the supervisor of industrial insurance shall have power to disapprove the same if in his judgment the own- ership or management of such hospital or hospital association will not be such as to produce satisfactory service. Any such contract with physician, surgeon, or owner and operator of a hospital, or with a hospital association, so disapproved shall not be valid. Otherwise it shall be approved, and take and continue in effect for any period of time specified therein, not exceeding three years from the date of such approval: Pro- vided, however. That the director of labor and industries through the division of industrial insurance may before approving any such contract require the giving by any physician, surgeon, hospital or hospital association of a bond in such sum and in such form, as the director may determine conditioned against any abandonment of such contract. Every such contract to be valid must provide that the expenses incident to it shall be borne one-half by the employer and one-half by such emplo3'ees, and that it shall be administered by the two interests jointly and equally. So long as such contract shall be in effect the 65 Conditions under whicii medi- cal aid con- tracts may be entered into. Contracts not assign- able unless assignment Is approved by the supervisor o£ industrial insurance. Disapproval of contracts. Contribution to Medical Aid Fund. NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. — 3 66 Industrial Insurance Filing of complaint. Appeal from decision of board. Emergency treatment. subject-matter of the contract shall (except as in this section otherwise specified) he outside of and not affected by the pro- visions of sections 6604-33 to 6604-44, inclusive, and section 6604-46, other than the provisions of section 6604-35 relating to artificial substitutes and lenses and the basis of compensation when lenses supplied, and to transportation of injured work- men, and to educational standards of safety, and other than the provisions of section 6604-40 relating to the analyses and re- ports of accidents and the employer shall pay monthly into the medical aid fund ten per centum of the amount he would have been required to pay in that month if such contract had not been made, and of that ten per centum he shall collect one-half from his said workmen by proper deduction from the daily wage of each. During the operation of any such contract the supervisor of industrial insurance or any interested person may file a complaint with the supervisor of industrial insurance alleging that the service and care actually rendered thereunder are not up to the standard provided in section 6604-36, and if upon a hearing had upon notice to the employer and workmen interested thereunder, the supervisor of industrial insurance may make an order that the contract shall terminate unless the defect or deficiency complained of shall be remedied to his satis- faction within a period to be fixed in such order, or he may at such hearing sustain the complaint and make an order that the contract shall terminate forthwith. Notice to the workmen may be effected in the manner pro- vided in section 6604-33. The employer or any interested work- man may appeal from such decision to the courts in the manner provided in section 6604-20. During the appeal the contract shall remain in force and operation, but the costs of the appeal shall be paid out of the medical aid fund only in case the de- cision of the supervisor of industrial insurance is reversed by the court. If during the operation of any such contract, any injured workman shall not receive medical or surgical treatment with reasonable promptness upon the occurrence of his injury, or at any time during his treatment the supervisor of industrial insurance may provide such treatment during the emergency at the expense of his employer, who may charge such expense against such contract, and such emergency treatment shall con- NOTB. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. Medical Aid and Safety Acts tinue until supplanted by like treatment under such contract, notwithstanding the pendency of an appeal from such action. The cost of such emergency treatment shall not exceed the rates specified in the fee bill provided by section 6604-36. The acceptance of employment by any workman shall be and be held to be an acceptance of any existing contract made under this section to which his employer is a party. No contract for medical, surgical, or hospital care of injured workmen entered into prior to the time this act shall go into effect shall be invalidated by anything in this act contained. (L. '21, Ch. 182.) 67 Contracts not invalidated. Sec. 6604-46. Collection and Disbursement of Funds. The provisions of section 6604-1 to 6604-32, inclusive, shall Collection be applicable to the collection of the medical aid fund, to the °^ ^""'*- powers and duties of the state and local boards,* and to the medical, surgical and hospital care of injured workmen only so far as they are not inconsistent with the provisions of sec- tions 6604-33 to 6604-120, inclusive. Disbursementst for the salaries of the secretary and office employees, and for the office and printing expenses of the state board,* and in the payment of bills incurred for the medical, surgical, or hospital care of injured workmen shall be made by warrants drawn against the medical aid fund by the State Auditor upon certificate thereof or requisition therefor signed by the members of the state board* or a majority thereof. •(See note at foot of page.) Sec. 6604-47. Collection of Funds From Employees. It shall be unlawful for any employer to directly or indi- rectly demand or collect from any of his workmen any sum of money whatsoever for or on account of medical, surgical, hospital, or other treatment or transportation of injured work- men other than as specified in sections 6604-34 and 6604-45, and any employer who shall directly or indirectly violate the fore- going provisions of this section shall be liable to the state in Penalty for unlawful collections. NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838: and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. t Salaries and other expenses are raid out of the fimd.^i appro- priated for the administration of the department of labor and industries. 68 Industrial Insurance civil action for the benefit of the medical aid fund in ten times the amount so demanded or collected, and such employer and every officer, agent, or servant of such employer knowingly participating therein shall also be guilty of a misdemeanor. NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. Medical Aid and Safety Acts 69 III. SAFETY ACT Sec. 6604-48. To Whom Applied. Sections 6604-48 to section 6604-120, inclusive, shall apply Scope. to all and only those establishments, those employers, and those workmen who are or shall be under the jurisdiction ot the In- dustrial Insurance Department* *(See note at foot of page.) Sec. 6604-49. Place of Work Defined. The phrase "place of work" shall mean and include every Place of place, whether indoors or out, or underground or elsewhere, ^°^^' and the premises appurtenant thereto, where either temporarily or permanently any industry, trade or business is carried on, or where any process or operation directly or indirectly relating to any Industry, trade, work or business is carried on, including all construction work. Sec. 6604-50. Safety Devices Defined. The terms "safe" and "safety," as applied to an employment Safety. or place of work; "safeguard" or "safety device" shall mean such freedom from danger to the life or safety of workmen as the nature of the case will reasonably permit; and the two latter terms shall be given a broad interpretation so as to include any reasonably practical method of mitigating or pre- venting danger. Sec. 6604-51. Physical and Educational Standards. For the purposes of this act, it shall be the duty of every standards, employer to furnish a place of work which shall be as safe for workmen therein as may be reasonable and practicable under the circumstances, surroundings and conditions, and to furnish and use such safety devices and safeguards and to adopt and use such practices, means, methods, operations and processes as under the circumstances , surroundings and conditions are reasonable and practical in order to render the work and place of work safe, and to comply with such standards of safety of place of work and such safety devices and safeguards and such NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. 70 Industrial Insurance Workmen to cooperate. Penalty removing safeguards. standards and systems of education for safety as shall be from time to time prescribed for such employer by the State Safety Board,* or by statute, or by the State Mining Board. •(See note at foot of page.) Sec. 6604-52. Workman Must Co-operate With Employer. For the purposes of this act, it shall be the duty of every workman to co-operate with his employer in all efforts for safety in respect of a safe place to work, safety devices, and safeguards, and for educational safety work, and to on his part, comply with all standards of safety established for his work by the State Safety Board,* or by statute, or by the State Mining Board, and not to remove, displace, damage or destroy any safety device or safeguard so established, nor interfere in any way with the use thereof by any other workman, nor interfere with the use of any method or process adopted or prescribed for the protec- tion of workmen in any place of employment. Any employer or workman who shall knowingly remove, displace, damage or destroy, or cause to be removed, displaced, damaged or destroyed, any such safety device or safeguard, shall be guilty of a mis- demeanor. •(See note at foot of page.) Sec. 6604-53. Creation of Safety Board.* — (Repealed.) •(See note at foot of page.) Sec. 6604-54. Advisory Members of Safety Board.* — (Re- pealed.) Duties of Safety Board. Sec. 6604-55. Duties of State Safety Board.* For all other work than coal mining, the State Safety Board,* in accordance with the principles laid down in sections 6604-50, 6604-51 and 6604-52, shall make, and may from time to time modify, and shall promulgate standards of safety, to-wlt: (1) To make safe the place of work of workmen, same to be termed "safe place standards"; (2) Of safety devices and safeguards to make safe machines, tools, apparatus and appliances, same to be termed "safety de- vice standards" ; NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. Medical Aid and Safety Acts 71 (3) Of educational systems for the education and training of employer and workman in the appreciation and avoidance of danger and in the maintenance and use of safe place and safety device standards. The State Safety Board* shall make, and may from time to time modify, and shall promulgate rules and regulations for the enforcement of the use of such standards of safety. *(See note at foot of page.) Sec. 6604-56. Coal Mine Safety Standai-d to Be Prescribed in "Coal Mining Code." The safe place standards and safety device standards for the coal mines of the state, employer and workman, shall he those prescribed by Chapter 36 of the Sessions Laws of 1917, approved March 2, 1917, as it may be amended from time to time. Such chapter and its amendments are hereinafter referred to as the "Coal Mining Code." Sec. 6604-57. Educational Standards for Coal Mines to Be Prescribed by State Mining Board. The educational standards for coal mines and coal mining Educational, shall be prescribed by a board hereby created to be known as the "State Mining Board," consisting of two members, to be ap- pointed by the State Safety Board.* *(See note at foot of page.) Standards for coal mines. Sec. 6604-58. Qualifications of Members of Mining Board. One member of the State Mining Board must be a mine man- ager or superintendent or mine safety engineer or mine safety inspector or stockholder of a mining corporation, and one mem- ber must be a workman in a coal mine in the state. Sec. 6604-59. Nominations for Employers' Representative on State Mining Board), by Whom Made. — (Repealed.) Sec. 6604-60. Nominations for Workmen's Representative on State Mining Board, by Whom Made. Any association of coal mine workmen of the state whose organization purposes include or shall be made to include the making of such nominations and whose membership is open to Qualifica- tions. NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. 72 Industrial Insurance all coal mine workmen in the state, or if there he more than one such organization, a combination of them, may nominate to the State Safety Board* two nominees for appointment to the State Mining Board, and the State Safety Board* shall appoint one of them. •(See note at foot of page.) Sec. 6604-61. Nominations Must Be Made Within Thirty Days. The first nominations under sections 6604-59 and 6604-60 shall he made within thirty days after this section shall go into effect, and nominations to fill a vacancy shall be made within thirty days following the creation of the vacancy, and nomina- tions for succession shall be made within a period of sixty days, thirty days preceding and thirty days following the expiration of the term of office of the member to be succeeded. Sec. 6604-62. If Representative Bodies Fail to Make Nomina- tions Appointments Are to Be Made by State Safety Board.* If either nominating body shall fail to make nominations as and within the time provided in sections 6604-59, 6604-60 and 6604-61, the State Safety Board* shall make the appointment without precedent nomination. *(See note at foot of page.) Sec. 6604-63. Term of Office. The term of office of each member of the State Mining Board shall be six (6) years and until his successor shall have been appointed. Sec. 6604-64. Salaries of Members of State Mining Board. Each member of the State Mining Board shall receive his actual traveling expenses incurred in the performance of his duties and compensation for each day's attendance at a meeting of his board at the rate of ten dollars per day. Sec. 6604-65. Recommendations to State Mining Board, by Whom Made. Any coal mine employer, or workman, or association of either, or any joint committee of such employers and workmen, or the NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of tlae State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. Medical Aid and Safety Acts 73 state Mine Inspector* appointed under the provisions of the Coal Mining Code, or any of his deputies, shall be authorized to make recommendations to the State Mining Board of educational standards, or amendments of the same, or modifications thereof. The making of the original educational standards shall be withheld for a period of thirty (30) days following the organ- ization of the State Mining Board, to await the receipt of such recommendations. Sec. 6604-66. Powers of State Mining Board. The State Mining Board shall have power to make changes in its educational standards from time to time. Sec. 6604-67. Safety Standards to Be Uniform for Each Class of Industry. Standards of safety established by the State Safety Board* shall be, as near as possible and practicable, uniform for each class or for each class subdivision of a class, which has been or may be divided into subdivisions by statute or by the Industrial Insurance Commission,* but such standards of safety and the educational standards established by the state Mining Board may vary between different localities, different classes or class subdivisions of industry and different establishments in any class or class subdivision where in the opinion of the board* establishing same the working conditions warrant such dif- ferentiation, and where in the opinion of such board* there are such differences as to render impracticable, inoperative or un- just a uniform standard or standards. •(See note at foot of page.) Sec. 6604-68. Recommendations to State Safety Board,* by Whom Made. Any employer, or workman in any industry (other than coal mining) , or association of either, or any joint committee of such employers and workmen, or the State Labor Commissioner,* shall be authorized to make recommendations to the State Safety Board* of safety standards, or amendments, therein, or mod- ifications thereof. The making of the original standards of safety by the State Safety Board* shall be withheld for a period NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10S93. 74 Indiostrial Insurance of thirty days following the organization of that board* to await the receipt of such recommendations. •(See note at foot of page ) Sec. 6604-69. General and Special Standards Defined. Standards of safety having uniform application throughout a class or class subdivision shall be known as "general stand- ards." Standards of safety which shall not be of uniform ap- plication to any class or class subdivision shall be known as "special standards." Sec. 6604-70. Public Hearings. At any time after the expiration of thirty days after the or- ganization of the State Mining Board or the State Safety Board* respectively and from time to time thereafter as new standards or changes or modifications of existing standards are proposed, the State Safety Board* or the State Mining Board, as the case may be, shall call a public hearing or hearings for the purpose of the consideration and establishment of standards of safety within its jurisdiction. At every such hearing the employers and workmen interested shall be privileged to attend and be heard in person or by their committee or committees or repre- sentatives. •(See note at foot of page.) Sec. 6604-71. Notice of Public Hearing Must Be Published. In advance of every such hearing, the board* which is con- ducting the hearing shall cause a notice of the time and place of such hearing to be published at least once in a daily news- paper of general circulation, published and circulated in the community in, or as near as may be to the place where the establishment or establishments to be affected are located. If the subject of the hearing affects industries throughout the state, such publications shall be in a daily newspaper published in each city of the first class in the state, and such other cities as the board* giving the notice shall select. Sec. 6604-72. Notice of Public Hearing to Be Mailed to Each Employer Afl'ected. Written notice of every such hearing shall also be mailed under the direction of the board* which is to conduct such hear- NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. Medical Aid and Safety Acts 75 ing to each employer whose class, class subdivision or establish, ment is affected. It shall be the duty of each employer receiving such a notice to forthwith post the same at his establishment for the information of his workmen. Sec. 6604-73. Inaccuracy in Publication of Notice of Public Hearing Shall Not Invalidate Same. No defect, inaccuracy or informality in any such notice or in the publication thereof, nor the omission of notice by mail to any employer, shall invalidate any order or standard of safety established pursuant to such hearing, but no special standard of safety shall be valid unless written notice of the hearing shall have been mailed to the employer or employers of the establishment or establishments affected thereby. For hearings affecting a special standard only, publication of notice may be omitted. Sec. 6604-74. Safety Standards, by Whom Approved. No standard of safety which conflicts or is inconsistent with any safety device, safeguard or safety standard, or rule hereto- fore established by statute, shall be established by the State Safety Board* without the written consent of both members of the State Safety Board* and the written approval of the same by the Industrial Insurance Commission,* the Commis- sioner of Labor* and the State Mine Inspector.* •(See note at foot of page.) Sec. 6604-75. Coal Mining Standards and Inspection in Charge of State Mine Inspector.* The State Mine Inspector* shall have sole charge of the enforcement of the standards of safety for coal mining and of the inspection incident thereto.* •(See note at foot of page.) Sec. 6604-76. Number of Deputy Mine Inspectors.* For the purpose of the enforcement of standards of safety for mining, the State Mine Inspector* shall have such number of deputy mine inspectors* as he shall deem necessary, not to exceed three in all, including the one provided for by the Coal Mining Code. •(See note at foot of pag-e.) NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance: he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and tlie other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. 76 Indibstrial Insurance Sec. 6604-77. Duties of Deputy Mine Inspectors.* The duties of the deputy mine inspectors* shall be to inspect the coal mines ot the state, to ascertain and report compliance or non-compliance with safety standards, and to recommend im- provements of safety standards. •(See note at foot of page.) Sec. 6604-78. Appointment of Deputy Mine Inspectors.* The new deputy mine inspectors" provided by section 6604-76 shall be appointed in the manner and shall be subject to the tests as to qualiflcations provided by the Coal Mining Code for deputy mine inspectors. *(See note at foot of page.) Sec. 6604-79. Salary of Oliief Mine Inspector.* — (Repealed.) *(See note at foot of page.) Sec. 6604-80. Salaries of Deputy Mine Inspectors.* — (Re- pealed.) •(See note at foot of page.) Sec. 6604-81. Safety Standards for Other Than Coal Mines Under Supervision of the State Labor Commissioner.* The State Labor Commissioner* shall have, under the super- vision and control of the State Safety Board* sole charge of the enforcement of safe place and safety device standards (other than the mining of coal) and of inspection and certification thereof. •(See note at foot of page.) Sec. 6604-82. State Labor Commissioner* to Appoint Deputy Inspectors. — (RepeaJed.) •(See note at foot of page.) Sec. 6604-83. Compensation of Deputies Under State Labor Commissioner* to Be Fixed by State Safety Board.* — (Repealed.) •(See note at foot of page.) NOTE. — ^By the Administrative Code, Sec. 10S36, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. Medical Aid and Safety Acts 77 Sec. 6604-84. Inspection Fee Not to Be Charged After Four Months From Date Act Takes Effect. After the expiration of four fractional or full calendar months after this section shall take effect payment of any in- spection fee by any employer for inspection of his establishment as to sate place or safety device standards shall not be required. Sec. 6604-85. Salaries of Members of State Safety Board.* — (Repealed.) •(See note at foot of page.) Sec. 6604-86. Salary of State Labor Commissioner.* — (Re- pealed. ) *(See note at foot of page.) Sec. 6604-87. Creation of Local Aid Districts. — (Repealed.) Sec. 6604-88. Qualifications of Members of Local Aid Dis- trict Boards* and Term of Office. — (Repealed.) *(See note at foot of page.) Sec. 6604-89. Applicants for Appointment under State Safety ^ Board* to Pass Examination, It shall be the duty of the State Safety Board* to examine into the qualifications of all nominees or applicants for appointment to the positions of members of the local aid boards* and their assistants (other than clerical assistants) by conducting a thorough examination as to the knowledge of the nominee or application [applicant] of (a) Sections 6604-1 to Section 6604-120 of Remington & Ballinger's Annotated Codes and Statutes of Washington and the amendments thereof; (b) the principles and practice of medical and surgical first aid to injured workmen; and (c) safety standards prescribed by the State Safety Board* or by statute relating to extra-hazardous work (other than coal mining). The examination of nominees and applicants shall be in writing, and the manuscripts thereof shall, after completion, be filed with the Industrial Insurance Commission* as public documents. No nominee or applicant shall be appointed whose average of accuracy in the examination shall be less than NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. 78 Industrial Insurance seventy-five per cent. If both nominees for appointment as member of local aid board* for any district made by any organ- ization shall fail to qualify as above provided upon the exami- nation, notice shall be given to the nominating body, and that body shall be privileged to make substitute nominations within ten days. If both such substitute nominees fail to qualify upon the examination, then in such event the State Safety Board* shall make an appointment for the case without prece- dent nomination. Examinations for appointment of assistants to the local aid board* shall be made at such times, upon such notice, and in such manner as the State Safety, Board* shall by resolution prescribe. •(See note at foot of page.) Sec. 6604-90. Each Local Aid Board* to Appoint Its Own As- sistants After Certiflcation of Competency by State Safety Board.* — (Repealed.) *(See note at foot of page.) Sec. 6604-91. Establishment of Branch Offices. — (Re- pealed. ) Sec. 6604-92. Salaries of Local Aid Board Members.* — (Re- pealed.) *(See note at foot of pag-e.) Sec. 6604-93. Salaries of Assistants.* — (Repealed.) •(See note at foot of page.) Sec. 6604-94. Duties of State Mine Inspector.* It shall be the duty of the State Mine Inspector,* either in person or by deputy, to inspect every coal mine in the state not less than once every four months, for the purpose of ascertain- ing whether the safety standards applicable thereto are being complied with, and at the end of each calendar year it shall be the duty of the State Mine Inspector* to certify to the State Industrial Insurance Commission* the compliance or non-com- pliance with the safety standards on the part of each coal mine NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. Medical Aid and Safety Acts 79 employer in the state during said year. A duplicate of each certincate shall be delivered by him to the State Safety Board.* *(See note at foot of page.) Sec. 6604-95. Duties of State Labor Commissioner.* It shall he the duty of the State Labor Commissioner,* either in person or by deputy, to inspect the establishment or work of every employer engaged in extra-hazardous work in the state (other than coal mines) as often as directed by the State Safety Board,* but not less than once every four months, for the pur- pose of ascertaining whether the safe place and safety device standards applicable thereto are being complied with, and at the end of each calendar year it shall be the duty of the State Labor Commissioner* to certify to the State Industrial Insurance Commission* the compliance or non-compliance with such stand- ards as to each such employer during the said year. A duplicate of each certificate shall be delivered by him to the State Safety Board.* •(See note at foot of page.) Sec. 6604-95a. Employer to Be Penalized 10% for Failure to Comply With Safe Place or Safety Device Standards. Any employer who in any establishment carried on by him has refused or failed to comply with the existing "safe place" and, or "safety device" standards applicable to any such establishment for a period of three months after having had written notice from the supervisor of safety shall have added to the premium of the establishment affected a penalty equal in amount to ten per cent of the contribution to the accident fund of such establishment for the period of non-compliance, and his penalty may be increased by an additional ten per cent of such contribution for each suc- ceeding three months period of refusal or failure of compliance. (L. '21, Ch. 182.) Sec. 6604-96. (Repealed.) Sec. 6604-97. Cost Rate Defined. By the term "cost rate" is meant the rate of premium which the employers of any class, or, as the case may be, of any class NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged In the Depart- ment of Labor and Industries under Sec. 10893. 80 Industrial Insurance subdivision, actually pay into the accident fund for any year period as distinguished from the basic rate for such class or class subdivision specified by statute or by the Industrial Insur- ance Commission.'' *(See note at foot of page.) Sec. 6604-08. (Repealed.) Sec. 6604-99. (Repealed.) Sec. 6604-100. (Repealed.) Sec. 6604-101. Employer to Receive Refund of Ten Per Cent for Maintaining Educational Standards. Bach employer who shall be certified to the Industrial Insur- ance Commission* to have for any calendar year maintained at his establishment and among his workmen- the educational standards established for the same, shall at the end of such year be entitled to receive and shall receive out of the accident fund of his class or class subdivision a refund of ten per cent of the cost rate for such calendar year of the class or class subdivision in which such standards have been so certified to have been maintained. •(See note at foot of page.) Sec. 6604-102. Employer to Be Penalized Ten Per Cent for Failure to Maintain Educational Standards. Each employer who shall be certified to the Industrial In- surance Commission* to have failed to put into effect at his establishment and among his workmen the educational standards established for his class, class subdivision or establishment, as the case may be, within a reasonable time to be fixed and after notification thereof given as in section 6604-98 provided, or who having put such educational standards into effect shall be certified to have failed to maintain the same during any calendar year period, shall pay Into the accident fund upon demand of the Industrial Insurance Commission,* In addition to the amount he would otherwise have paid for such calendar year into the accident fund on account of the plant, works, or sys- NOTB. — By the Administrative Code, Sec. 10S36, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10S3S; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and. Industries under Sec. 10893. Medical Aid and Safety Acts 81 tern, in respect to which such default shall occur, a sum equal to ten per cent of that amount. *(See note at foot of page.) I Sec. 6604-103. Creation of a Statistical Department. The State Safety Board* shall organize a statistical depart- ment by which shall be compiled for each calendar year, begin- ning with the year 1915 for the accident fund, and with the year 1917 for the medical aid fund, statistics showing the amount contributed by each employer in each class or class subdivision to the accident fund, and by each employer and his workmen to the medical aid fund, and the disbursements in comparison to 6ach contribution respectively from each of said funds on account of injuries to and medical treatment of his workmen and showing by percentage the relation of the same tor each year to the cost rate of each class or class subdivision to which the employer is a contributor. •(See note at foot of page.) Sec. 6604-104. State Safety Board* to Have Access to the Records of the Industrial Insurance Department.* — (Repealed.) *(See note at foot of page.) Sec. 6604-105. Employer to Receive a Refund of Five Per Cent if Cost Ratio Is Between 50 and 76 Per Cent. Each employer who shall be certified to the Industrial Insur- ance Commission* to have complied during any calendar year with all of the safety standards applicable to his establishment or case and who shall be certified by the State Safety Board* to the Industrial Insurance Commission* to be shown by the experience tables provided by section 6604-103 to have cost the accident fund of his class or class subdivision for that calendar year and for the four preceding years between fifty per cent and seventy-six per cent of the average cost rate for said aggregate five-year period of each class or class subdivision to which he is contributing shall, at the end of that calendar year, be entitled to receive and shall receive a refund of five per cent of the cost rate for his class or class subdivision for that year. *(See note at foot of page.) NOTE. — By the Administrative Code, Sec. 10S36, tlie Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. 82 Industrial Insurance Sec. 6604-106. Employer to Receive a Refund of 10 Per Cent if the Cost Ratio Does Not Exceed 50 Per Cent. Each employer who shall he certified to the Industrial In- surance Commission* to have complied during any calendar year with all of the safety standards applicable to his establishment or case and who shall he certified by the State Safety Board* to the Industrial Insurance Commission* to be shown by the experience tables provided in section 6604-103 to have cost the accident fund of his class or class subdivision for that calendar year and for the four preceding years fifty per cent, or less, of the average cost rate for said aggregate five-year period of each class or class subdivision to which he is contributing shall, at the end of that calendar year, be entitled to receive and shall receive a refund of ten per cent of the cost rate for his class or class subdivision for that year. •(See note at foot of page.) Penalty for cost rate of from 100 to 125 per cent of average and failure to comply with safety or educational standard. Sec. 6604-107. Employer to Be Penalized 5 Per Cent if Cost Ratio Is Between 100 Per Cent and 125 Per Cent. Each employer who shall be certified to the Supervisor of Industrial Insurance for any calendar year to have failed to comply with any educational standard applicable to his estab- lishment or case and who shall be certified by the Supervisor of Safety to the Supervisor of Industrial Insurance to be shown by the experience tables provided by section 6604-103 to have cost for that year and the four preceding years the accident fund of any class or class subdivision to which he is a contrib- utor more than one hundred per cent but not more than one hundred and twenty-five per cent of the average cost rate for said aggregate five year period of such class or class subdivision shall pay into the accident fund upon demand of the Supervisor of Industrial Insurance in addition to the amount which he would otherwise have paid for sach calendar year into the acci- dent fund on account of the plant, works or system in respect to which such excess cost shall have occurred a sum equal to five per cent of the cost rate for that year of such class or class subdivision. (L. '21, Ch. 182.) NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. Medical Aid and Safety Acts 83 Penalty for cost rate of more than 125 per cent of average and failure to comply with any safety or educa- tional standard. Sec. 6604-108. Employer to Be Penalized if Cost Ratio Ex- ceeds 125 Per Cent, Bach employer who shall be certified to the Supervisor of Industrial Insurance for any calendar year to have failed to comply with any education standard applicable to his establish- ment or case and who shall be certified by the Supervisor of Safety to the Supervisor of Industrial Insurance to be shown by the experience tables provided by section 6604-103 to have cost for that year and for the four preceding years the accident fund of any class or class subdivision to which he is a contri- butor more than one hundred and twenty-five per cent of the average cost rate for said aggregate five-year period of such class or class subdivision shall pay into the accident fund upon demand of the Supervisor of Industrial Insurance in addition to the amount which he would otherwise have paid for such calendar year into the accident fund on account of the plant, works or system in respect to which such excess cost shall have occurred a sum equal to ten per cent of the cost rate for that year of such class or class subdivision. (L. '21, Ch. 182.) Sec. 6604-109. Employer Entitled to Rating for Fractional Year. For the portion of any fraction of calendar year remaining Credits and after the expiration of four fractional or full calendar months p^"^ '®^- after this section shall .^o into effect or after the establishment and notification oC any standard of safety by the Supervisor of Safety, or if for any reason any employer shall cease or suspend operation for any portion of any period of calendar year, the credits, and penalties in sections 6604-101, 6604-102, 6604-105, 6604-106, 6604-107, and 6604-lOS provided shall be calculated and applied in the proportion of time which the period of operation shall bear to the calendar year. (L. '21, Ch. 1S2.) Sec. 6604-110. Refunds Account Merit Rating to Be Made by Giving Credit on Account. Any refund provided for in sections 6604-96, 6604-99, 6604-101, 6604-105 or 6604-106 may, except in case of permanent cessation of work, be made by giving credit to the accident fund account of the employer entitled thereto instead of making the payment of such refund in cash. NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. 84 Industrial Insurance Sec. 6604-111. Employers or Workmen May Appeal From Decision of State Labor Commissioner* to State Safety Board.* Any employer or workman dissatisfied with any certificate or order of the State Labori Commissioner* or any certificate of any local aid board* relaitng to educational safety standards may ay- peal therefrom to the State Safety Board.* Proceedings for such an appeal shall be informal exceept that the State Labor Commis- sioner* or the local aid board,* as the case may be, shall be entitled to notice of the appeal and the appellant shall be en- titled to notice of the time and place of the hearing of his appeal. The State Safety Board* shall have power to affirm, reverse, or modify any certificate or order so appealed from. *(See note at foot of page.) Sec. 6604-112. Emi>loyer or AVorkman May Appeal to the Covirts. Any employer or workman feeling aggrieved by any order of the State Mining Board establishing an educational standard or by any order, certificate, or ruling of the State Safety Board,* including its orders or rulings establishing, changing or modify- ing safety standards, or by any certificate issued by or any order made by the State Mine Inspector,* or the State Labor Commissioner,* or by any order, ruling, or act of the Industrial Insurance Commission* allowing or refusing to allow a credit, or imposing or failing to impose a penalty, may have the same reviewed by the courts in accordance with the procedure, so far as applicable, established in section 6604-20. In any such court review, the findings or determination of the officer or tribunal from which the appeal is taken on any question of fact shall be conclusive and binding upon the court. •(See note at foot of page.) Sec. 6604-113. Members of Safety Board* to Devote Their Time to Duties of That Board. •■= — (Repealed.) *(See note at foot of page.) NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. Medical Aid and Safety Acts 85 Sec. 6604-114. Deputies and Assistants to Devote Their Time to Duties of Their Respective Offices. It shall be the duty of all members of local aid boards,* all deputy mine inspectors* who are provided by section 6604-7'6, all deputies of the State Labor Commissioner* who are provided by section 6604-82, and all assistants of local aid boards,* to de- vote all their time during the office hours of each day to the performance of the duties of their respective offices. All of them must be citizens of the United States. *(See note at foot of page.) Sec. 6604-115. Deputies and Assistants to Be Allowed Their Traveling Expenses. In addition to their salaries, the deputy mine inspectors pro- vided by section 6604-76, the State Safety Board,* the members of the local aid boards* and their assistants, the State Labor Commissioner* and his deputies provided by section 6604-82, shall be paid their actual traveling expenses incurred in the performance of their respective duties. *(See note at foot of page.) Sec. 6604-116. State Safety Board* to Approve Vouchers for Traveling Expenses. All bills for traveling expenses incurred under section 6604- 115 and under section 6604-64 shall be paid by warrants issued by the State Auditor upon presentation of proper vouchers ap- proved by the State Safety Board.* •(See note at foot of page.) Sec. 6604-117. E.\penses to Be Divided Equally Between the General and Medical Aid Funds. — (Repealed.) *(See note at foot of page.) Sec. 6604-118. Safety Standards Established by the State Safety Board* to Govern. No safety regulation or practice prescribed by any municipal ordinance affecting the safety of workmen is hereby repealed, but in so far as any such regulation or practice shall be incon- sistent with any safety standard established by the State Safety Board* it shall be superseded thereby forthwith upon the delivery NOTE. — By the Administrative Code, Sec. 10836, the Birector of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. 86 Industrial Insurance by the State Safety Board* to the clerk of the municipality which shall have enacted such ordinance of a copy of a notice in writ- ing of the establishment of such inconsistent safety standard. »(See note at foot of page.) Sec. 6604-119. Test of Invalidity of Act. Adjudication of invalidity of any of sections 6604-48 to 6604- 120, inclusive, or any part of any section shall not impair or otherwise affect the validity of any other of said sections. Act does not violate U. S. Const, and is valid, Mountain Timber Co. V. Washing-ton, 243 U. S. 219. 1911 Act held constitutional. Partial invalidity, police power, right of jury trial, liberty to contract, class legislation, and equal protection considered in case. (State ex rel. Davis-Smith Co. v. Clausen 65 Wash. 156). Sec. 6604-120. Repeal of Conflicting Sections. All acts and parts of acts in conflict with the provisions of sections 6604-48 to section 6604-120, inclusive, are hereby re- pealed, but nothing herein contained shall operate to repeal any part of the Coal Mining Code or any of the following sections of Remington & Ballinger's Annotated Codes and Statutes of Wash- ington, or any part thereof: 6572 to 6589, inclusive, 8213 to 8240, inclusive, and 8626. WHEN EFFECTIVE. The time when sections 6604 48 to 6604-120 shall take effect shall be in accordance with the provisions of the seventh amend- ment to the state constitution, but the rewards and penalties pre- scribed by sections 6604-96, 6604-98, 6604-99, 6604-100, 6604-101, 6604-102, 6604-105, 6604-106, 6604-107, 6604-108, and the penalties provided by section 6604-52, shall not be operative until on and after the expiration of four fractional or full calendar months after said sections shall take effect. Passed the House March 3, 1919. Passed the Senate March 10, 1919. Approved by the Governor March 15, 1919. NOTE. — By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Indus- trial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commis- sioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart- ment of Labor and Industries under Sec. 10893. Administrative Code 87 IV. ADMINISTRATIVE CODE CHAPTER 7. [H. B. 11. Session Laws 1921.] An Act relating to, and to promote efficiency, order and economy in, the administration of the government of the state, pre- scribing the powers and duties of certain officers and depart- ments, defining offenses and fixing penalties, abolishing cer- tain offices, and repealing conflicting acts and parts of acts. Be it enacted ty the Legislature of the State of Washington: This act shall be known and may be cited as the administrative code. Sec. 10760. Creation of Departments. There shall be, and are hereby created, departments of 1'^" depart- ments the state government which shall be known respectively as, created. (1) the department of public works, (2) the department of bus- iness control, (3) the department of efficiency, (4) the depart- ment of taxation and examination, (5) the department of health, (*) the department of conservation and development, (7) the department of labor and industries, (8) the department of agri- culture, (9) the department of licenses, and (10) the depart- ment of fisheries and game; which departments shall be charged respectively with the execution, enforcement and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide. Labor and industries. Sec. 10761. Chief Executive Officer of Each Department to Be Kno^vn as Director — How Appointed. There shall be a chief executive officer of each of the departments of the state government created by this act, to be known respectively as, (1) the director of public works, (2) the director of business control, (3) the director of efficiency, (4) the director of taxation and examination, (5) the director of health, (6) the director of conservation and development, (7) the director of. labor and industries, (8) the director of agricul- ture, (9) the director of licenses, and (10) the director of fish, eries and game; who shall be appointed by the governor with the consent of the senate, and hold office at the pleasure of the governor: Provided, That, if the senate be not in session when this act takes effect, and in case a vacancy occurs while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate, when he shall present to the senate his nomination for the office. Director of labor and industries. 88 Adi)iinistrative Code Administra- tive board. To deter- mine poli- cies. Call for meetings. Sec. 10772. Creation of Administrative Board — Of Whom Composed. The Governor and the directors of the departments of the state government created by this act shall constitute the administrative board. The governor shall be chairman of the board. The board shall have power to adopt general rules and regulations for the transaction of the business of the board, and provide for such committees as may be deemed expedient to facilitate the work of the board, the members of which commit- tees shall be appointed by the chairman. A vote of the majority of the entire membership of the board shall be necessary to exer- cise any of the administrative powers, or perform any of the administrative duties vested in, or required to be per- formed by the board. A majority of the board shall consti- tute a quorum, and a majority of those present at any meeting of the board may determine and advise as to questions of policy in the administration of any of the departments of the state govern- ment created by this act, submitted to the board by any member thereof. The board shall meet at the call of the governor. Powers. Coordina- tion of work. Classifica- tion of employees. Fixing salary scale. To fix bonds. May require additional bonds. May exempt from bonds. Sec. 10773. Powers and Duties of Administrative Board. The administrative board shall have the power, and it shall be its duty: (1) To, from time to time, systematize and unify the ad- ministrative duties of the departments of the state government created by this act and make such necessary assignments of duties to the departments as it may deem advisable to correlate and coordinate the work of the departments; (2) To, from time to time, classify all subordinate officers, and employees of the state offices, departments and institutions in accordance with the system of classification prepared by the director of efficiency; (3) To, from time to time, determine the salaries and com- pensations to be paid such subordinate officers and employees in accordance with the classification and scale of salaries and compensations adopted by the board. (4) To fix the amount of the bond to be given by each appointive state officer and each employee of the state in all cases where the same is not fixed by law; (5) To require the giving of an additional bond, or a bond in a greater amount than that provided by law, in all cases where in its judgment the statutory bond is not sufficient in amount to cover the liability of the officer or employee; (6) To, by resolution, exempt subordinate employees from giving bond when in its judgment the powers and duties of such employees are such as not to require the giving of a bond to protect the state; Administrative Code 89 (7) To, in case of an emergency requiring expenditures in excess of the amount appropriated by the legislature for any in- stitution of the state, state officer, or department of the state government, and upon the written request of the governing authorities of the institution, the state officer, or the head of the department, setting forth the emergency and needs of the insti- tution, office, or department, and in case the hoard by* a majority vote of all its members determine that the public interest re- quires it, issue a permit in writing, signed by the chairman and attested by the secretary of the board, authorizing such insti- tution, officer, or department to incur such liabilities as the cir- cumstances may require, to an amount stated in the permit, and directing that certified copies of the request and the permit, and a detailed statement of the liabilities incurred be filed in the office of the secretary of state and transmitted to the legislature at its next ensuing session, together with a request for an appro- priation to cover the liabilities incurred. Such permit and full compliance with its provisions shall relieve the) person incurring any such liabilitj' from personal liability therefor. Sec. 10774. Appointive State Officers and Employees Re- quired to Give Bonds. Every appointive state officer and every employee of the state shall, before entering upon the discharge of the duties of his office or employment, give a surety bond, payable to the state, in such sum as is provided by law or in such sum as shall be deemed necessary by the administrative board created by this act, conditioned upon the faithful performance of the duties of the office or employment, and upon accounting for all property of the state that shall come into his possession by vir- tue of his office or employment, which bond shall be approved as to form by the attorney general and as to sufficiency by the administrative board, and shall be filed in the office of the sec- retary of state. Sec. 10775. Date Offices Created Are Established. Each office created by this act is hereby declared es- tablished as of the first day of April, 1921, and each officer whose office is created by this act shall, if sooner, appointed, hold office beginning on the first day of April, 1921. Sec. 10776. Duties and Salaries of Directors. The directors of the departments of the state government created by this act shall respectively exercise such powers and perform such executive and administrative duties as are provided by this act, and receive such annual salaries payable in equal monthly installments, as the governor shall fix, not to exceed the sums provided by this act: Provided, That should the governor appoint any elective state officer as the director of Emergency expenditures. Employees to furnish bond. Directors, general powers. 90 To make rules for depart- ments. Department offices. Divisions of depart- ment of labor and industries. Salary of director. Industrial insurance supervisor. To appoint assistants. Administrative Code any department created by this act, such elective officer shall receive as compensation for the extra duties imposed by this act only such sum as the governor shall fix, not to exceed the difference between the maximum salary provided by this 51 115 85 23 62 S2 76 83 76 138 hi (lex Industrial Insurance, Deputies and assistants — Continued : Medical Aid and Safety Acts. Par. Mine inspectors, appointments of Mine inspectors, duties of Jline inspectors, number of Must devote full time to duties Diking district under act from 1915 (footnote) Disability : Change in readjustment g Partial defined f Payments for Permanent total, defined b Temporary, total, payments d Disbursements of funds : Accident In case of repeal Medical aid Warrants to be drawn on state treasurer Division of Industrial Insurance: (See Administrative Code 10833, 10836.) Annual report. (See Administrative Code 10839-2 and 10885 Appoint deputies Approve compromise of actions Approve compromise settlements Decision of supervisor prima facie correct Department store employees when under act (footnote) Fix rate on extra-hazardous occupations General powers of Office at state capital (See Administrative Code 10892) Supervisor may issue subpoenas Divorce does not affect right of children (footnote) Husband placed as single man (footnote) Wife not entitled to compensation Docks, classed as engineering work Drayage under act Duties : (See Administrative Code 10773, 10885, 10886, 10887) Deputy mine inspector (See Administrative Code 10838-3) Industrial insurance commission. (See Administrative Code 10836-1) Local aid boards. (See Administrative Code 10836-3) Medical aid. (See Administrative Code 10836-2) Mine inspector. (See Administrative Code 10838-3) Safety board. (See Administrative Code 10S39) State labor commissioner. (See Administrative Code 10839-6).. Election of remedies Elective Adoption (footnote) Effective, when (footnote) Medical aid included (footnote) Educational Standards : Coal mines to be prescribed by state mining board. CSee Admin- istrative Code 10S34-2) Defined Penalty for failure to maintain, ten per cent Refund for maintaining, ten per cent Systems promulgated by State Safety Board. (See Administra- tive Code 10838-1) Electric plants, classed as engineering work Elevators operated in hotels or office buildings not under Act (foot- note) Emergency fleet corporation not under act (footnote) Emergency treatment, payment for, continued until supplanted.... Sec. Page 6604-' S 76 77 76 76 75 114 S5 17 44 5 31 5 31 5 26 5 28 5 29 26 53 31 55 46 67 26 53 24 52 23 52 3 7 8 37 20 49 2 5 2 4 24 52 21 51 21 51 3 8 5 34 5 34 3 5 2 4 76 24 52 40 63 37 62 94 78 55 70 95 79 3 7 19 49 19 49 35 61 57 71 3 8 102 80 101 80 51 69 3 6 2 5 17 40 45 65 Index 139 Medical Aid and Safety Industrial Insurance. Employer : Appeal permitted from classiflcation for premium rating Appeal permitted from State Labor Commissioner to state safety board Appeal permitted from State Mining Board or state safety board to court Appealing from decision of department (footnote) Assesssor, county, to furnish list of Benefits of act cannot be waived by contract Bond to be given by, when f Books of may be inspected, penalty for failure Contract work to be reported by County assessor to furnish ;ist of Credits : accident cost ( call payments educational standards medical aid merit rating refunds made by credits Deduction : accident fund premium from wages medical aid fund, one half amount due provided for penalty Defined Delinquent, actions against Elective adoption, provisions of (footnote 35) Employees not to pay premiums Entitled to compensation Estimate of payroll before beginning operations to be furnished Federal not under act (footnote) Injured workman to be removed from place of injury by em- ployer : Maritime work, payrolls must be segregable Medical aid contract, employer to pay ten per cent to state medical aid fund Misrepresentation by, penalty ^ I Must give written notice before injury New work failure to report f Penalties (see Penalties) (footnote 14 and 15) Plants, employer operating to be rated on each Records of payroll to be kept by Report payroll three times a year Safeguard, responsibility for not liable when complies with act (footnote) Schedule of, assessments to pay Sub-contractor Temporary Transportation from place of injury, employer to provide Wages not to be deducted for premiums Employees : City, county and state (footnote) Commissioner of public land employees not entitled to compen- sation (footnote) Department stores, etc., when under act (footnote) Elective Adoption, provisions of (footnote) Examination of Municipalities, when benefits provided not under act Acts. Par. Sec. 6604-4 111 112 20 4B 11 8 20 15 17 4B 105 106 4 101 33 110 4 34 4 3 8 19 4 3 4 17 35 ISA 45 42 16 3 42 4 109 4 4 9 S 4 17 4A 35 4 17 2 19 13 17 140 Index Indnstrlnl Insurance, Meaical Aid and Safety Acts. Employees — Continued : Par. State, when not under act (footnote) University (footnote) U. S. shipping board, not under act (footnote) ; ■. Workmen definition of Engineering work, defined. ;..;.;..:; .' ■ - - Enumeration of extra-hazardous work Estimate, employer must give ; Evidence, commissioner may issue suhpoenas Commission findings prima facie correct (footnote) Examinations : ■ For appointment under safety board (See administrative Code 10838-1 10834) Injui-ed workman must submit to- (footnote) Papers, etc., production of Workman entitled* to expense nioney for (footnote) : . . . . Expense of administration : Divided between general and medical aid fund Injured workman called for examination. Transportation of injured workman, place of injury Traveling expenses Extra-hazardous : Occupations, places of, enumerated (footnote 3) Rates, commission to fix Extra-territorial Act does not apply (footnote) Eye injury, entitled to proper lenses Factory act, certain provisions repealed Factories (see Workshop) : Classifications of Definition of Power driven i^nachinery Schedule of, assessments Farmers, telephone lines under act (footnote) Federal : Employees not under act (footnote 2-16) (See Admiraltj' and Interstate Commerce) Fees : Appointment of guardian Bill to be promulgated by state board (See Administrative Code 10836-2) Fee schedule Inspection fee not to be charged Filing claim for compensation . . . ^ , Fire, forest patrol men riot under net (footribte) First aid, agreements between employer and employee Appeals in ■ Emergency' treatment, cost of First aid kit where less than fifty employees First aid kits, mairitenance of, part of educational standards.. First aid ' payrnents, when First aid station where more than fifty employees Industries classified for Worker to' select physician First aid funds : Automatic and self-adjusting (footnote) '. Distribution of, in case of repeal of act How paid out Forest fire patrol men not under act (footnote) Fortuitous event (footnote Sec. 3-5-20, Pages 9-32-50) Sec. Page 6604-17 44 17 46 17 46 2 7 3 6 2 4 4 13 21 51 20 50 89 77 13 42 21A 51 13 42 117 85 13 42 35 60 22 51 64 72 115 85 2 4 2 4 1 3 35 60 30 55 4 12 3 6 3 6 4 12 2 5 17 45 36 36 61 36 61 84 77 12 40 2 5 45 65 45 65 45 66 35 60 35 60 34 59 35 60 33 57 35 60 33 57 31 55 26 53 2 5 Index 141 Industrial Insurance, Medical Aid and Safety Acts. Par. Sec. Page Fruit warehouses under act 6604-2 4 Further accident, award for g 5 31 State treasurer liable for 44 64 General standards : Beflned 69 74 Warehouses under act 2 4 Guardian, expense of appointing (footnote) 6 36 Harbors, classed as engineering work 3 7 Hazardous occupation, defined 2 4 Hearings (see Administrative Code 10836-1, 10838-1) : Bring under act 2 4 Complaint on treatment : 45 66 Declare work extra-hazardous 2 4 Defect or inaccuracy in notice 73 75 For purpose of adopting safety standards 70 74 Notice of 41 63 Notice to be mailed 72 74 Notice to be posted by employer 72 74 Notice to be published 71 74 Notice to employer on special standard of safety 73 75 Place and time to be fixed by commission 2 5 Heating plants, steam, when and when not under act (footnote 4, page 25) 2 4 Hernia, rules (footnote) 3 10 (see fortuitous event foot note page 9) Highways included in engineering work 3 7 Hospital treatrrieht 35 .60 Permanent total disability cases limited . . . 35 60 Total disability cases when terrhinated .' .' 35 60 Husband : ' Divorced status of single man (footnote) 5 34 Illegimate child not dependent (footnote) 5 33 Immediate payment to widow a 5 27 Inaccuracy in publication of notice 73 75 Industries : Classification of 4 17 First aid 33 57 Medical aid 33 57 Mixed classification, when . . . : .' . . . 4 IT One class not liable for another. . . '. 4 14 Segregated into classes 4 IT Industrial insurance division, created (See Administrative Code 10833) 21 51 Injunction, against defaulting employers S 37 Injuries : Action if act is void (footnote 5 and 6) 28 54 Away from employment, election of benefits 3 7 Causes to be investigated 6 24 52 Compensation, rate of 5 29 Defined 3 8 Eye entitled to lenses 35 61 Intentional 6 35 Proof of to be filed 12 40 Refers only to fortuitous event 3 S Subsequent payments for g 5 31 Third party, by (footnote) 3 10 Initial payment on three months estimate 4 13 Irrigation, when under act (footnote) 2 5 Insolvency accident fund claims take priority in 8 37 142 Index Industrial Insurance, Medical Aid and Safety Acts. Inspection: Par. Sec. Page Accidents 6604-40 63 Coal mines in ciiarge of state mine inspector (See Adminis- trative Code 10838-3) 75 75 Employers' books 15 43 Fee not to be charged 84 77 Made every lour months 95 79 Inspectors not under act (footnote) 2 5 Insurance, amount paid 5 26 Insurance commissioner : To expert reserve fund annually e 5 30 To prepare and furnish tables for reserve fund e 5 30 Intentional injuries 6 35 Interest paid on claims 26 53 Interstate commerce provision concerning 18 46 Interurban railroad, classed in engineering work 3 7 Invalid : Child not entiled to pension, when c 5 29 Defined 3 8 Widower entitled to compensation a 5 27 Invalidity of act, test of 27 54 Janitor not under act, when (footnote) 2 6 Japanese picture brides not dependents (footnote) 3 8 Junk handling under act ffootnote) 2 6 Jurisdiction of courts abolished 1 3 Jury; Trial dispensed with (footnote) 1 3 When may be used 20 49 Labor commissioner (See Administrative Code 10839-6) : Deputy inspectors 82 76 Duties 95 79 Inspections every four months 95 79 Supervision of safety standards 81 '76 Lease of property illegal unless premiums paid S 37 Liability, employer subject to, for wilful injury 6 35 Limitations, statute of. saved 28 54 Local aid boards (See Administrative Code 10836-3) : Appeals from 41 63 Appointment 30 62 Compensation 39 62 Duties of 40 62 Inspect and analyze accidents 40 62 Issue certificates of compliance, etc 40 63 Members 88 77 Must bo citizens of United States 114 S5 Must devote full time to duty 114 §5 Supervise educational 40 C'J Treatment to injured workman when may provide in contract cases 45 66 Local aid districts, creation of and designated 87 77 Logging road, included in engineering work 3 7 Lump sum payment (footnote) 7 35 Application of beneficiary in writing 7 3g Beneficiary removing from state, may have j 5 32 Conversion into 7 3 g Not to exceed $4000,00 7 33 Malpractice suits cannot be maintained (footnote) 5 34 Mandamus, does not lie, when (footnote) 8 38 Manual training under act (footnote) 17 45 Maritime employment \%A 48 Maximum permanent disability, what is f 5 31 Index 143 Industrial Insurance, Medical Aid and Safety Aotn. Par. Medical aid act (See Administrative Code 10S36-2) Board, assistant chairman, salary, duties chairman to certify bills compensation of contracts may be terminated decisions of. reviewable by courts funds, accumulation of, board to certify industries classified by members of, appointment, terms merit rating penalties rates refunds rules and regulations, to make secretary of, compensation, duties treatment vouchers to draw own workman suing third party entitled to, when (footnote) Medical aid fund created Medical examinations, may be ordered workmen must submit to Medical examiners may be employed Merit rating : Educational standards f 1 ■■ Medical aid Refunds to be by credits Safe place and safety standards Mine (See Administrative Code 10838-3) : Definition Deputies Enforce mine safety standards Inspector to certify compliance, etc Mining board (See Administrative Code 10834-2) : Educational standards prescribed by Power to change educational standards Recommendations to, by whom made Salary and traveling expense Term of office Minimum premium to be $3.00 Minor (footnote 5-6-9) : Allowance to Award not to exceed $250.00 to be paid direct Dependent Expense of appointing guardian, $25.00 allowed May sue, when Parents to receive payments Miscellaneous work : Assessments on Misdemeanor (See penalty) Misrepresentation : Medical aid contribution Payroll Monthly payments may be increased by state medical board (See Administrative Code 10836-2) Time loss pa id monthly Mortality table basis of payments when death ensues Municipalities : Liable for premium on contract work Subject to act Sec. Page 6604-33 57 38 62 6 62 38 62 45 65 45 65 33 58 34 59 33 57 38 62 33 57 33 57 33 57 33 5T 36 61 38 62 35 60 46 67 35 61 34 59 13 42 13 42 23 52 101 SO 102 80 33 57 110 83 95A 79 3 6 76 75 75 75 94 78 57 71 60 73 64 72 64 72 63 72 4 IS 5 2T 6 36: 5 27 6 36 6 36 5 28 13 42 64 16 43 34 59 5 29 5 30 17 44 17 44 144 Index Industrial Insurance, Medical Aid and Safety Acts. Negligence : ^"'^ Contributory reduces compensation Wilful, no compensation New Industry to pay on commencing business Non-hazardous occupations, may elect to come under Employees, when under act (footnote) Non-residents : Alien residing without United States to receive 50 per cent of contribution Dependents other than father and mother not entitled to pension On becoming non-resident entitled to lump sum settlement.... j Notice : Accidents Hearings to be published Hearings to be published Industrial Insurance Increase of medical aid contribution to be mailed employer. . . . What to include Number of deputy mine inspectors (See Administrative Code 10834-3) Occupation : Certain inherently hazardous Non-hazardous ma.v use act Office help when not under act (footnote) Operation, including repair work Order of commission subject to review by court (See Administrative Code 10836-1) Orphan entitled to increased pension Overtime included in payroll Packing houses Parents amount paid to ( footnote C ) Mother entitled to allowance as against guardian (footnote) . . Partners : Excluded on payroll May be included Payments : Aliens to Class funds, when made How made Lump sum Payrolls : Annual average of Computed how Failure to keep, penalty Inspection Inter and intra state to be thoroughly separable Misrepresentation as to, penalty Period of, for basis of assessment Report three times a year Segregation of ( footnote 4 ) Separable in mixed employment f Uniform form required Workman on, entitled to benefits Penalties : Accident cost between 100 and 125 per cent, 5 per cent penalty Accident cost over 125 per cent, 10 per cent penalty Defaulted paym.ents, 25 per cent to be added Educational standards, failure to maintain, ten per cent penalty Failure to comply safe place, safety device standards Failure to comply with rules of department Failure to give estimate before starting operations Failure to keep record of employment at place of business Sec. Page 6604-9 38 6 36 4 13 19 49 2 5 10 39 3 8 5 32 12 40 71 74 2 4 34 59 14 42 76 75 2 4 19 49 2 6 4 12 2 5 • 5 27 4 17 2 4 5 28 6 36 10 4 7 4 15 18B 16 4 4 ISB ISA 18B 107 108 8 102 95A 24A 4 4 Index 145 Industrial lusinriince. Medical Aid and Safety Acts Penalties — Continued : Failure to keep records or make reports to department Failure to make report every four months Failure to notify secretary of state board on starting new work Failure to pay demand in specified time Illegal collection from workman Medical aid Misrepresentation as to medL^al aid contribution Misrepresentation as to payroll Physician failing to make report within ten davs (footnote 24A) Safeguard, removal of, by employer Safeguard, removal of, by workman, 10 per cent Refusing to submit books for inspection Violation of rules of department Pension : Parents "Widow or invalid widower Permanent disability : Defined Partial Total defined Permanent partial disability (footnote 5-10) Application of act Schedule of compensation Permanen.t total disability : Defined Pension to widow and children when injured workman dies.... Rate of montlily pension Rates of pension Physicians (footnote 12-14) : Certificate to accompany claim Injured workman to select May be required to furnish bond '. Medical aid contract Physical standards to be prescribed by state board Report of treatment Required to testify Piece work included in payroll (footnote) Police power of state applicable Powers of medical aid board (See Administrative Code 10S36-2) . . . Powers of state mining board (See Administrative Code 10S38-1).. Premises (footnote) C Premiums : f Annual adjustment of Average rate to be charged, when Classification of industries for courts to review Collection of Construction work, classification Default in payment, action (footnote) Bach class to pay own Employee not to pay Employer may collect from contractor and subcontractor (foot- note) Initial, based on estimate Not ta.K lien in bankruptcy (footnote) Readjustment of Schedule of State, county or city liable, when Where business is new Par. Sec. Page 6604-4 14 4 11 42 64 S 37 47 67 33 57 42 64 16 43 e 12 41 !) 38 b 9 38 15 43 24A 53 a, 5 28 a 5 27 b 5 28 f 5 31 b 5 28 5 35 5 26 5 26 b 5 28 c 5 29 b r, 28 b 5 28 e 12 41 35 60 45 65 45 65 51 69 e 12 41 a 12 40 4 17 1 3 36 61 66 73 3 6 17 45 4 13 4 17 4 17 4 15 S 37 4 11 8 37 4 14 4 15 17 44 4 13 S 37 4 15 4 17 43 64 4 13 146 Index Inclusirfnl Insurance, Mwlleal Aid and Safety Acts. Par. Private controversy eliminated Profit sliaring to be Included in payroll Proof of injury to be filed Public policy : Contracts to waive act are void County and state work (footnote) j 1 Hearings (See Hearings') (See Administrative Code 10S3S-1) Public utilities, division of, departnnent of public works Field inspectors not under act (footnote) Publication : Inaccuracy of, shall not invalidate notice of public hearing Qualifications : Local aid inspectors Members of mining board Quarry, definition of Railroads : Construction under act Included in engineering work Operation, interstate, not under act Rates : Assessed for each class medical aid Industrial insurance rates for 1921 (footnote) Subject to adjustment Temporary employer Re-adjustment of claims after final settlement h Receiver must notify department within thirty days Not liable for sawmill watchman, when (footnote) (See Bankruptcy) Records: (See Administrative Code 10880) Employer to keep Employer's records open to inspection Examination of records enforced by superior court Industrial insurance accessible to state safety board Industrial insurance subject to use of medical aid board Relatives, dependents, who are Recommendations : State mine board, by whom made State safety board, by whom made Refunds : Accident cost below fifty per cent, ten per cent refund Accident cost fifty per cent to 76 per cent, five per cent refund. Educational standards maintained, ten per cent refund Merit rating given by credit Return to operator (footnote) Re-marriage of widow Remedies, election of, when Rental firms, employees when under act (footnote 2) Repair work : Classification of Premium assessed Repeal of confiicting sections Report of accident Annually to governor and legislature Blanks furnished Duty of employer to make (footnote) Must state (footnote) No payment allowed for (footnote) Report of physicians (footnote 14) Sec. 6604-1 4 12 11 17 43 4976 6604-2 73 89 58 3 34 4 4 4A 5 4 15 21A 104 34 3 65 68 106 105 101 110 4 5 3 2 4 4 120 14 24 12 24A 12 12 12 Index 147 Industrial Insurance, Medical Aid and Safety which hivested. Reserve fund Class, for each . Class of sureties Creation of Deficiency to be made good How accumulated Insurance commissioner to expert Interest to be apportioned annually Investment by state treasurer Money to be transferred to accident fund Overplus to revert to accident fund Reserve tables prepared and furnished by state insurance commis- sioner Calculated upon mortality tables Rules (See Administrative Code 10777) : Enforcement of regulations for use of safety standards promul- gated by state safety board Penalty for failure to comply Report of accidents (footnote) Safeguards : Absence of Act not to change law of Additional assessments for Defined Employer's responsibility for Regulations preserved Removal by employer, penalty J 1 Removal by workman, ten per cent penalty Safety act : Application of act Applied to whom Assessment : imposition of additional proportional credit for fractional year Board created: (See Administrative Code 10834 and 10838-1) advisory members powers f Coal Mines (See Administrative Code 10834-2) : board created education standards Cost rate defined Definition of safety terms Devices : defined failure to comply — penalty removal or destruction standards to be promulgated by state safety board. Effective when Employers, safeguarding duties Expenses, fund liable for traveling warrants for Inspection fees abolished coal mines industrial establishments Acts. Par. e Sec. 6604-5 5 5 5 5 5 5 5 5 5 5 5 5 40 24A 14 30 9 50 9 30 9 52 48 107 109 53 54 55 81 57 57 56 97 50 50 95A 52 55 120 51 117 115 116 84 94 95 Page 30 30 30 30 30 30 30 30 30 30 30 30 30 62 53 43 38 55 38 69 38 55 38 70 3S 69 69 82 83 70 70 70 76 71 71 71 79 69 79 70 70 86 69 85 85 85 77 78 79 148 Index Industrial Insurance, Medical Aid and Safety Acts. Safety act — Continued: Par. Labor Commissioner (See Administrative Code 10S39-6) compensation deputies duties salary increase Local Aid Boards (See Administrative Code l'0836-3) : assistants, appointment branch offices compensation districts duties examination of applicants full time required members of, appointment salary Municipal, ordinances, superseding Partial invalidity "Place of work" defined Refunds, credit instead of cash compliance with safety standards Repealing clause Safe place standards : definition - failure to comply — penalty notice to install standards to be promulgated by state safety board Standards, educational : changes failure to maintain state mining board to provide Standards safety (See Administrative Code 10836-1, 10838-3, 10839-6, 10838-1) : approved by whom may vary in different localities orders respecting, appeals to state board review by courts supercede standards under supervision of state labor commissioner (See Admin- istrative Code 10839-6) uniform for each class of industry Safety, alteration Coal mines, enforcement for Safety device : Failure to install Salaries (See Administrative Code 10773-3) : Sale of property illegal, when Saving clause Schedule of assessments and contribution School districts under act (footnote) Secretary of state board (See Administrative Code 10834-3) Segregations (footnote) . Shipping board emergency fleet employees not under act (footnote) Single establishments entitled to segregate classes Soldiers home, claimant at, rights not effected (footnote) Special examinations Spouse denied compensation, when State : Coal mines (See Coal Mines) County municipality may collect premium from contractor.... Sec. Page 604-81 76 83 76 82 76 81 76 86 77 90 78 91 78 93 78 87 77 40 62 89 77 114 85 88 77 92 78 118 85 119 86 49 69 110 83 95A 79 120 86 50 69 95A 79 96 79 55 70 66 73 102 80 65 72 74 75 67 73 111 84 112 84 74 75 81 76 67 73 74 75 75 75 95A 79 8 37 32 55 4 17 17 45 38 62 4 25 17 46 4 17 5 35 23 52 5 32 17 44 Index 149 Industrial Insurnnce. Medical Aid and Safety Acts. State — Continued : p^^ County municipality or other taxing district under act ( Employees under act, when (footnote) Insurance. commissioner (See Insurance Commissioner j Labor conjmissioner (See Labor Commissioner) Liable for premium on contract work Medical aid ( See Medical Aid) Mine Inspector (See Mine) Mining board (See Mining Board) Safety board (See Safety Act) Subrogated to rights of injured workman Treasurer (See Treasurer) State Board: Board (See Administrative Code 10836.-2) Cancel contracts, when Hearings on complaint by workman Issue written order for continuation medical treatment See that injured workman has prompt and efficient treatment. . Statistical department safety board (See Administrative Code 10839-3) Statistics (See Administrative Code 10839-3) : Department to compile Status of minors Statute of limitation Steam plants, when classed as engineering work Steam plants, when and when not under act (footnote) f Stevedoring, Interstate work not under act (footnote) Storage warehouses under act Street railways included in engineering work Streets, included in engineering work Structures included in engineering work Sub-contractor subject to provisions of act Subpoenas, commission may issue (See Administrative Code 10836-1) Surgical treatment, to be furnished workman Refusal to submit cause for suspension of compensation Taxing districts liable for contract work Telegraph and telephone lines classed as engineering work Telephone lines, farmers under act (footnote) Temporary employer Temporary, payments for Temporary total disability, payments for Terms defined Test of invalidity of act ( I Third person (footnote) Time loss awards ( See Awards ) : Total disability, permanent, payments for (footnote) Townships, county not responsible for premiums (footnote) Transfer — teaming, etc., under act Transfer of property illegal, when Transportation of injured workman from place of injury Traveling expenses allowed claimants On call for examination to be paid from accident fund Vouchers to be approved Treasurer, state : Liable on official bond for safe custody of funds May make temporary loans from accident to reserve fund Reserve fund to invest Responsible for safe custody of medical aid fund Sec. Page )604-17 44 43 64 2 5 17 38 62 45 65 36 61 35 60 36 61 7 24 53 6 35 28 54 3 7 2 4 4 25 18 47 2 4 3 7 3 7 3 7 17 44 21 51 36 60 13 42 17 44 3 7 2 5 4A 26 d 5 29 d 5 29 3 6 27 54 119 86 3 10 5 35 17 45 2 4 8 37 35 60 115 85 13 42 13 42 26 53 e 5 30 e 5 30 44 64 150 Index Industrial Insurance, Medical Aid and Safety Acts. Par. Trial by jury dispensed with (footnote) Truck drivers, etc., under act Two or more establishments to be rated separately University not exempt from act (footnote) Unlawful (or employer to collect funds in excess of amount specified . . Unlawful for employer to deduct for accident fund premiums Unsanitary or injurious practices on part of workman Venue of action in county of injured workman k Vocational student (See Workman) (footnote) Wages : Include Not to be deducted for premium Waiting period not to apply if disability is thirty days 1 Waiting period seven days 1 Warehouses : General and storage under act Warrants to be paid by employer if insufficient funds Interest when paid by employer Watchman, when under and when not (footnote) Water power, when classified as engineering work Widow (See Dependents) : Election of benefits Entitled to award for permanent partial disability or time loss if not paid paid workman Immediate payment of $250.00 a Monthly payment a Non-resident of United States not entitled to time award Non-resident of United States receives 50 per cent of compensa- tion allowed Pension, rate of a Remarriage of a Widower must be invalid to receive compensation Wife, abandoning husband denied compensation (See Widow) i Wife, divorced, not entitled to compensation (footnote) Window washing under Act (footnote) Witness, department may, subpoena f Workman: (See Employee) Amount received for injuries (footnote) Claim, to file for compensation Contract cannot waive benefits of Act, by Cooks (footnote) Death of, date of injury effective (footnote) Defined Examination of, Bye injury, entitled to proper lenses Hospital care, entitled to Injured by third party (footnote) Injured from deliberate intention of employer Living apart from wife must prove contributing to support (footnote) r i May appeal from decision. Medical aid premiums, to pay one-half Must cooperate Not to pay accident fund premiums On payroll entitled to benefits Physician or surgeon entitled to choice of Refusal to submit to surgical treatment, compensation suspended Sec. Page 6604-1 3 2 4 109 83 17 46 47 67 4 15 13 42 5 32 3 11 4 17 4 15 5 32 5 32 2 4 26 53 26 53 2 6 3 7 3 7 10 39 5 27 5 27 10 39 10 39 5 27 5 27 5 27 5 32 5 34 2 6 21 51 24A 53 5 34 12 40 11 40 2 5 5 33 3 7 13 42 35 60 35 60 3 10 6 35 3 9 20 49 112 84 111 84 34 59 52 70 4 15 3 7 35 60 13 42 Index 151 Industrial Insurance, Medical Aid and Safety Acts. Workman — Continued : Par. Right of compensation to be in lieu of rights of action Safety devices, removal of, penalty Traveling expenses of, " Under 21 ' a Work on government reservation not under Act (footnote) Workshop defined (footnote) Sec. Page 6604-5 26 52 70 13 42 5 28 2 5 3 11 ADMINISTRATIVE CODE (Part IV.) Accountancy, board of, abolished Administrative board, created Composed of governor and ten directors Governor to be chairman Meets on call of governor Powers bonds, amounts to be fixed by bonds, may exempt employees from giving bonds, may require additional coordination of work of departments emergency expenditures, may authorize employees, to be classified by general policies, to be determined by salaries, to be fixed by Agriculture, department created Conmaission of, abolished Director of, office created Bonds, all employees to furnish Additional may be required by board Subordinates may be exempted from giving Bureau of labor abolished Business control, department created Director of, office created Commissioner of labor, office abolished Conservation and development, department created Director of, office created Co-operation, duty of between departments Department of: Agriculture created Business control created Conservation and development created Efficiency created Fisheries and game created Health created Labor and industries created (See Labor and Industries) Licenses created Public works created Taxation and examination created Departments, ten created Branch offices, directors may establish General policies determined by board Offices to be at Olympia Director of labor and industries, office created (See Labor and In- dustries) Directors Administrative board, are members of Assistant directors, each to appoint Chief executive officers of respective departments General powers of Oath of office Rules, to make for departments 10893 99 10772 88 10772 88 10772 88 10772 88 10773 88 4 10773 88 6 10773 88 5 10773 88 1 10773 88 7 10773 89 2 10773 88 10772 88 3 10773 88 S 10760 87 10893 99 8 10761 87 10774 89 5 10773 88 6 10773 88 10893 99 2 10760 87 2 10761 87 10893 99 6 10760 87 6 10761 87 10886 97 8 10760 87 2 10760 87 6 10760 87 3 10760 87 10 10760 87 5 10760 87 7 10760 87 9 10760 87 1 10760 87 i 10760 87 10760 87 10778 90 1 10773 88 1077S 90 7 10761 87 10761 87 10772 88 10776 89 10761 87 10776 89 10776 89 10777 90 152 Index Administrative Code. Efficiency, department created Emergency clause Emergency expenditures, board may authorize Employees: Bonds, required for board may exempt from furnishing , board may require additional Classification by administrative board Salaries, scale of to be fixed by board To be transferred to proper departments Vacations of two weeks annually Fisheries and game, department of created 10 Governor, is chairman of administrative board Health, department of created Industrial insurance (See Labor and Industries) : Commission and department abolished Labor and industries, department established Appeals, right preserved Auditors, industrial insurance supervisor to appoint Assistant directors, to he appointed for each division Bridges, safety division to inspect Bureau of labor, abolished director to succeed to powers of Deputy mine inspectors, appointment Director of labor and industries, office created (See Directors) appointments to be made by . chief mine inspector industrial insurance, supervisor of industrial relations, supervisor of safety, supervisor of state mining hoard powers of ; industrial insurance, through division of industrial relations, through division of industrial welfare committee, is chairman of joint commission, is chairman of safety, powers through division of salary of, governor to fix Divisions of department established industrial insurance, division created industrial relations-j, division created safety, division created Electrical plants, safety division to inspect Factories, safety division to inspect Gas plants, safety division to inspect Hotels, safety division to inspect Industrial insurance, division of created auditors to be appointed by supervisor employees to be appointed by supervisor industrial insurance commission, supersedes local aid boards, supersedes powers of director through division of property, custody and s.ale of state medical aid board, supersedes supervisor, to be appointed by director employes, to be appointed by has charge of division industrial welfare committee, to be .member of. ...... joint commission, to be member of -. Par. Sec. Page 3 10760 87 . 10896 100 7 10773 89 . 10774 89 6 10773 88 5 10773 88 2 10773 88 3 10773 88 . 10881 95 . 10891 98 10 10760 87 . 10772 88 5 10760 87 . 10893 99 7 10760 87 . 10837 92 . 10833 90 . 10SS3 90 4 10838 92 . 10893 99 7 10838 93 3 10834 91 7 10761 87 3 10834 91 . 10833 90 . 10835 91 1 10834 91 2 10834 91 . 10S36 91 . 10839 93 . 10840 94 . 1083V 92 . 10838 92 . 1C832 90 . 10832 90 1 10832 90 3 10832 90 2 10832 90 4 10838 93 2 ]0838 92 4 10838 93 6 10838 93 1 10832 90 . . 10833 90 . . 10833 90 1 10836 91 3 10836 91 1 10836 91 ■I 10836 91 2 10836 91 . . 10833 90 . . 10833 90 . . 10S33 90 . . 10S40 94 .. 10S37 92 Index Adniiuistratlve Code. Labor and industries — Continued : Par. Sec. Industrial relations, division of created 3 10832 industrial statistician, appointed by supervisor 10835 member of industrial welfare committee 10840 industrial welfare committee, established 10S40 powers of director through division of 10839 labor commissioner, supersedes 6 10839 mediation, to promote 1 10839 reports to legislature, to make 2 10839 special labor investigations, to make 4 10839 statistics of labor, to compile 3 .10839 women in industry, to enforce laws concerning 5 10839 supervisor, to be appointed by director 10835 employees to be appointed by 10835 has charge of division 10835 industrial statistician, to appoint 10835 industrial welfare committee, is member 10840 state mediator, to be 10835 supervisor of women in industry, to appoint 10835 Joint committee, created, powers of 10837 Local aid boards, director succeeds to powers of 3 10837 abolished 10893 Mediation, director to promote through industrial relations di- vision 1 10839 Mediator, supervisor of industrial relations to be 10835 Medical aid board, director succeeds to powers of 2 10836 abolished 10893 Mining board (See state mining board) Mine inspector, appointed by director 3 10834 deputies, to appoint his own 3 10834 division of safety, to be under 3 10838 Public utilities, safety division to inspect 4 10838 Railroads, safety division to inspect 4 10838 Reports to legislature, director to make 2 10839 Safety, division of created 2 10832 powers of director through division of 10838 bureau of labor, has powers of 7 10838 electrical inspection of public service commission 5 10838 factory inspection 2 10838 hotel inspection 6 10838 public utilities, safety inspection of 4 10838 state mine inspector, supersedes 3 10838 state mining board, supersedes 1 10838 supervisor, to be appointed by director 1 10834 employees of division, appointed by 3 10834 has charge of division 1 10834 joint committee, member of 10837 State mine inspector, (See "Mine inspector") 3 10834 Stating mining board, director to appoint 2 10834 Statistics, industrial statistician to keep 3 10839 Steamboats, safety division to inspect 2 10838 Street railways, safety division to inspect 4 10838 Supervisor of women in industry, secretary of industrial welfare committee 10840 Telegraph lines, safety division to inspect 4 10838 Telephone lines, safety division to inspect 4 10838 Tracks, safety division to inspect 4 10838 Ware-rooms, safety inspection of 2 10838 Water systems, safety division to inspect 4 10838 Women in industry under industrial welfare committee 10840 supervisor of. appointment 10835 Workshops, safety department to inspect 3 10838 153 Page 90 91 94 94 93 94 93 93 94 93 94 91 91 91 91 94 91 91 92 92 99 93 91 91 99 91 91 92 93 93 93 90 92 9 3 93 92 93 93 92 92 91 91 91 92 91 91 93 92 93 94 93 93 93 92 93 94 91 92 154 Index Administrative Code. Licenses, department of created Misfeasance, former penalties continued Offices, principal to be at Olympia branch offices, directors may establish Partial invalidity, not to affect rest of act Pending litigation not to be affected Pending matters continued Policies, general to be determined by board Process, service of ' . . Public works, department of, created Records, to be transferred to proper departments Repealing- section Reports, duty to make Rules, former to continue until revoked Rules of departments, to be made by directors State hotel inspector, office abolished Taxation and examination, department of created Temporary appointments Ten departments of state created Vacations of two weeks annually "Women in industry, supervisor to administer laws (See "Labor and Industries") Par. Sec. Page 9 10760 87 . . 10888 98 .. 10892 98 .. 10778 90 .. losas 100 .. 10890 98 .. 10882 96 .. 10772 88 .. 10889 9S 1 10760 87 .. 10880 94 .. 10894 100 .. 10885 96 .. 10883 96 .. 10777 90 .. 10893 99 4 10760 87 . . 10761 87 . . 10760 87 .. 10891 98 5 10839 93 ELECTRICAIj construction. (PART V.) Act, copy to be kept posted American Institute of Electrical Engineers, rules of, to govern.. City, violation of rules, penalty Corporation, violation of rules by, penalty County, violation of rules relating to Crossings : General specifications clearance clearing, ground free from brush conductors : how supported not to be spliced cradles or overhead bridges : prohibited crossarms guys insulators, how attached location poles or towers power lines to be above separation of spans, length strain insulators temperature for calculations tension Loads calculation clearances, table of crossarms deflection of poles factors of safety guys, material in guys to ground ice, assumed weight 4976-2 117 5 4976-1 104 5 4976-1 104 5 4976-1 104 5 4976-1 104 36 4976-1 110 36(6) 4976-1 110 36(16) 4976-1 111 36(11) 4976-1 111 36(10) 4976-1 111 36(4) 4976-1 110 36(12) 4976-1 111 36(13) 4976-1 111 36(8) 4976-1 111 36(1) 4976-1 110 36(2) 4976-1 110 36(3) 4976-1 110 36(7) 4976-1 110 36(5) 4976-1 110 36(14) 4976-1 111 36(16) 4976-1 111 36(9) 4976-1 111 36(17) 4976-1 112 36(17) 4976-1 112 36(38) 4976-1 114 36(22) 4976-1 112 36(23) 4976-1 112 36(24) 4976-1 112 36(35) 4976-1 114 36(36) 4976-1 114 36(18) 4976-1 112 Index 155 ^ Electrical Constrnction. Crossings — Continued : Loads — insulators : Par. dry flash test 36(26) mechanical strength 36(32) strength generally 36(19) test of 36(25) wet flash test of 36(27) pins, material 36(34) poles, strength 36(20) strain insulators for guys 36(33) stresses, table of 36(38) test voltages, how determined 36(28) wooden poles, strength 37 working unit stresses 36(38) Notice before crossing installed 34 Wire, size of generally 35 Curve guards required 6 Cut-outs to be short circuited for repairs 20 Department of Labor and Industries, rules may be changed by Generator frames to be grounded 15 Ground detecting devices required at distributing stations 23 Grounding, methods for 33 Guy wires, circuit breakers required 11 High tension wires, parallel, distance apart 3 Inside wiring, rules relating to 14 Law to be kept posted Low potential grounds, rules for 7 Machinery to be grounded 15 Manholes : Cleanliness required 26 Coverings, vent holes required in 27 Cut-out switches for 30 Distance from street car rails 2 8 Insulated platforms required in 31 Size of 25 Watchman required at 29 Mats or platforms to be insulated 16 Offenses, punishment for Oil switches required 19 Overload switches required 21 Penalties : Municipality violating rules Violations declared gross misdemeanors Persons, two or more required on all live work 32 Pole steps required 9 Public authorities to be governed by rules Railway, feeders, circuit breakers required on 22 Roof wires, how placed 10 Rules : Changed by Department of Labor and Industries Violation of, same as violation of law Span wires, circuit breakers required on 12 Switchboard mats required 1'' Telephone and telegraph wires, distance from power wires 4 Terminal insulators, number required 8 Transformers, how hung 5 Transformers and regulators to be grounded 15 Trolley wires, span wires to protect 13 Vertical wires to be insulated 6 Voltage, notices to be posted 18 Warning cards to be posted 24 Sec. . Page 4976-1 113 4976-1 113 4976-1 112 4976-1 113 4976-1 113 4976-1 114 4976-1 112 4976-1 113 4976-1 114 4976-1 113 4976-1 114 4976-1 114 4976-1 109 4976-1 110 4976-1 104 4976-1 107 4976-4 117 4976-1 106 4976-1 107 4976-1 109 4976-1 105 4976-1 103 4976-1 106 4976-2 117 4976-1 104 4976-1 106 4976-1 108 4976-1 108 4976-1 108 4976-1 108 4976-1 108 4976-1 107 4976-1 108 4976-1 106 4976-6 118 4976-1 107 4976-1 107 4976-5 118 4976-6 118 4976-1 108 4976-1 105 4976-1 101 4976-1 107 4976-1 105 4976-4 117 4976-4 117 4976-1 105 4976-1 106 4976-1 103 4976-1 105 4976-1 104 4976-1 106 4976-1 106 4976-1 104 4976-1 107 4976-1 107 156 Index Electrical Construction. Wires : Par. Sec. Page Distance wire from center pole 1 4976-1 102 24 inches in cities 2 4976-1 102 Work must conform to this act 4976-3 117 PUBLIC UTILITIES — SAFETY INSPECTION. (Part VI.) Accidents, directors of labor and industries to investigate 8626-63 120 Action against company for violation of act 4976 101 Air-brakes, ejghty-five per cent of trains to have 8626-66 122 Automatic couplers, cars to be equipped with 8626-66 123 Brakes, required on cars 8626-66 123 Bridges, may order repairs in 8626-65 122 Inspector may condemn 8626-67 12o Cars, equipment for safe handling required 8626-66 122 Street, brakes, etc., required on 8626-66 123 Common carriers, defective equipment prohibited 8626-66 122 Duties of 8626-9 119 Improvements, department may order 8626-64 121 Repairs, may be ordered, hearings 8626-65 122 Wrecks, report of to department 8626-63 120 Couplers, automatic required 8626-66 123 Chains may be used when 8626-66 123 Crossings, train to stop at wlien 8626-69 126 Deaths, notice of to department, investigation 8626-63 120 Defective appliances prohibited 8626-66 123 Department to prescribe equipment 8626-66 123 Hearings on defective equipment, bridges, etc 8626-65 122 Depositions 8626-76 128 Duties of wharfingers 8626-46 1 20 Klectrlcal companies, duties of 8626-26 119 Employees, common carriers to promote health and safety of 8626-9 119 Kngines, power-brakes, etc., required on 8626-66 122 Equipment, defective, unlawful to operate 8626-66 122 renders, department to prescribe for street cars 8626-66 123 Frogs, to be blocked 8626-68 126 Gas companies, duties of 8626-26 119 Gas plant, department to order changes in, hearings 8626-70 127 Grab-irons, cars and engines to have 8626-66 123 Guard-rails, to be blocked 8626-68 126 Headlights, electric required 8626-66 122 Improvements, department to order 8626-64 121 Injuries, notice of to be given department 8626-63 120 Inspector, deputies may be appointed 8626-67 125 Privileges of, may ride 8626-67 125 Report defects to superintendent of road 8626-67 125 Tracks or bridges condemned by when 8626-67 125 Livestock, chain coupler may be used on cars, when 8626-66 124 Locomotives, air-brakes required on 8626-66 122 Automatic couplers required 8626-66 123 Electric headlights required, exception 8626-66 122 Motive power, department may order increase in 8626-64 121 Penalties, officers and employees subject to 8626-95 128 Perishable freight, cars containing, chain couplers on, when 8626-66 123 Processes, service of 8626-76 128 Railroads : Accidents, investigation of 8626-63 120 Air-brakes required on 8626-66 122 Automatic couplers to be used on 8626-66 122 Bridges of, repairs 8626-65 122 Cars and engines, equipment required on 8626-66 122 Index 157 „ ., Public TJtllitles — Safety Inspection. Railroads — Continued : par. Sec. Defective appliances unlawful 8636- Defective cars may be hauled to shop 8626- Frogs and switches to be blocked 8626- Improvements, department to order 8626- Trains to stop at crossings 8626- Wrecks, investigation of 8626- Safety appliances, department to require, hearings 8626- Inspector of, duties 8626- Operating train without, unlawful 8626- Sidetrack, department may order 8626- Street cars, fenders and brakes, department to prescribe kind 8626- Switch engine, equipment for 8626- Switches • to be blocked 8626- Telegraph and telephone, department to order changes in, hearings. .. 8626- Terminal facilities, department may order 8626- Tracks, inspector may condemn. . .' 8626- Violation of act, action against company for 4976 Warehouse, department to order changes in 8626- Water companies, duties of 8626- Waterworks, department to order changes in 8626- Witness fees 8626- Wharfingers, required to maintain safe and adequate facilities 8626- Wrecks, to investigate 8626- INDUSTRIAt AID TO ADULT BLIND. (PART VII.) Administrative cost to be paid out of General Fund 10006 Aid, applications for 10002 Not forfeited by removal from county 10003 Allowance, maximum 10002 Application (or aid 10002 Appointment of supervisor of industrial aid to the adult blind 9999 Appropriations 10006 Beneficiaries : Qualifications of 10001 Statement of earnings to be filed by 10002 County auditor, powers and duties of : Certified copy of order, to receive 10002 Earnings in excess of fifteen dollars, to deduct 10002 Monthly statement of earnings, to receive 10002 Warrants, to draw and deliver 10002 County commissioners, powers and duties of: Aid, amount of, to specify 10002 Applications for aid, to hear 10002 Evidence, may require additional 10002 Funds, to provide 10001 Order granting aid, to enter 10002 Order specifying aid, may rescind 10004 Creation of fund "°^5 Duties of director relative to adult blind 10000 Duties of : County auditor (See County auditor) County commissioners (See County commissioners) Supervisor (See Supervisor) Earnings excess of fifteen dollars per month to be deducted 10002 Employment for adult blind, to be secured by supervisor 10000 Evidence, county commissioners may require additional 10002 Fraud, penalty for "°°^ Fund, creation of Page •66 122 •66 122 ■68 126 •64 121 ■69 126 •63 120 •66 122 ■67 125 •66 122 •64 121 •66 122 •66 122 •68 126 ■71 127 ■64 121 ■67 125 101 ■ 72 127 •26 119 ■70 127 •76 128 •46 120 63 120 131 129 130 130 129 129 131 129 130 130 130 130 130 130 130 130 129 130 130 130 129 130 129 130 131 130 158 Index Industrial Aid to Adult Blind. Funds, to be deposited with state treasurer to credit of revolving funds Funds, for aid of adult blind, to be furnished by county commis- sioners Material, purchase of Order, copy of, to be filed with county auditor Penalty for fraud Products, marketed by supervisor Purchasing power in hands of supervisor Qualifications of beneficiaries Removal from county, conditions governing Revolving fund : Appropriated out of General Fund How replenished Supervisor of industrial aid to the adult blind, appointment of Supervisor, powers and duties of : Application blanks, to furnish Employment, to secure Excess profits, to pay to blind workers Materials, cost of, to repay to fund Materials, to furnish Products, to market Warrants, issued by county auditor Welfare, of adult blind, to be promoted by director Par. Sec. Page .. 10005 131 .. 10002 129 .. 10005 131 .. 10002 129 .. 10007 131 .. 10005 131 .. 10005 131 . . 10001 129 . . 10003 130 . . 10006 131 . . 10005 131 . . 9999 129 .. 10002 129 .. 10000 129 .. 10005 131 . . 10005 131 .. 10000 129 .. 10000 129 . 10002 130 . . 10000 129 ■/• HD7835.wn5"l92T '-'""'^ '"''Vffl™ iiiiliiPliiKS^i medical aid and sa olin 3 1924 032 481 578 rf:^ ^"C^. . df r? ^^^f ^^. ^^#- 4.^M Th^' 4.^. 'i^-V-^.