Page images
PDF
EPUB

proper record books or records as it shall deem required for the proper and efficient administration of sections 2394-3 to 2394-31, inclusive; all such records to be kept in the office of the commission. The commission shall cause notice of employers subject to this act to be given to employees, in such manner as the commission shall deem most effective; and the commission shall likewise cause notice to be given of the filing of any withdrawal of such election; but notwithstanding the failure to give, or the insufficiency of, any such notice, knowledge of the fact shall conclusively be imputed to all employees.

SEC. 2394-31. The legislature intends the contingency in subdivision (3) of section 2394-1 to be a separable part thereof, and the subdivision likewise separable from the rest of sections 2394-1 to 2394-31, inclusive, and that part of said section 2394-1 that follows subdivision (3) likewise separable from the rest of sections 2394-1 to 2394-31, inclusive; so that any part of said subdivision, or the whole, or that part which follows said subdivision (3), may fail without affecting any other part of sections 2394-1 to 2394-31, inclusive.

SEC. 2. This act shall take effect and be in force from and after June 30, 1913.

Approved June 26, 1913.

[blocks in formation]

WYOMING.

ACTS OF 1913.

CHAPTER 79.-Amendment to constitution-Compensation of workmen for injuries.

SECTION 1. The following constitutional amendment shall be submitted to the qualified voters of the State of Wyoming at the next general election for their approval or rejection, and when ratified by a majority of the electors voting at said election the same shall be valid as a part of the constitution:

Amendment to

be submitted.

fund.

"As to all extra hazardous employments, the legislature shall provide State insurance by law for the accumulation and maintenance of a fund or funds out of which shall be paid compensation as may be fixed by law according to proper classifications to each person injured in such employment or to the dependent families of such as die as the result of such injuries, except in case of injuries due solely to the culpable negligence of the injured employee. Such fund or funds shall be accumulated, paid into the State treasury and maintained in such manner as may be provided by law. The right of each employee to compensation from such fund shall be in lieu of and shall take the place of any and all rights of action against any employer contributing as required by law to such fund in favor of any person or persons by reason of any such injuries or death."

Approved February 26, 1913.

UNITED STATES.

ACTS OF 1907-8.

CHAPTER 236.-Compensation for injuries to certain employees of the

United States.

Who to receive

SECTION 1. When, on or after August first, nineteen hundred and eight, any person employed by the United States as an artisan or la- compensation. borer in any of its manufacturing establishments, arsenals, or navy yards, or in the construction of river and harbor or fortification work or in hazardous employment on construction work in the reclamation of arid lands or the management and control of the same, or in hazardous employment under the Isthmian Canal Commission, is injured in the course of such employment, such employee shall be entitled to receive for one year thereafter, unless such employee, in the opinion of the Secretary of Commerce and Labor, be sooner able to resume work, the same pay as if he continued to be employed, such payment to be made under

[blocks in formation]

such regulations as the Secretary of Commerce and Labor may prescribe: Provided, That no compensation shall be paid under this act where the injury is due to the negligence or misconduct of the employee injured, nor unless said injury shall continue for more than fifteen days. All questions of negligence or misconduct shall be determined by the Secretary of Commerce and Labor.

SEC. 2. If any artisan or laborer so employed shall die during the said year by reason of such injury received in the course of such employment, leaving a widow, or a child or children under sixteen years of age, or a dependent parent, such widow and child or children and dependent parent shall be entitled to receive, in such portions and under such regulations as the Secretary of Commerce and Labor may prescribe, the same amount, for the remainder of the said year, that said artisan or laborer would be entitled to receive as pay if such employee were alive and continued to be employed: Provided, That if the widow shall die at any time during the said year her portion of said amount shall be added to the amount to be paid to the remaining beneficiaries under the provisions of this section, if there be any.

SEC. 3. Whenever an accident occurs to any employee embraced within the terms of the first section of this act, and which results in death or a probable incapacity for work, it shall be the duty of the official superior of such employee to at once report such accident and the injury resulting therefrom to the head of his bureau or independent office, and his report shall be immediately communicated through regular official channels to the Secretary of Commerce and Labor. Such report shall state, first, the time, cause, and nature of the accident and injury and the probable duration of the injury resulting therefrom; second, whether the accident arose out of or in the course of the injured person's employment; third, whether the accident was due to negligence or misconduct on the part of the employee injured; fourth, any other matters required by such rules and regulations as the Secretary of Commerce and Labor may prescribe. The head of each department or independent office shall have power, however, to charge a special official with the duty of making such reports.

SEC. 4. In the case of any accident which shall result in death, the persons entitled to compensation under this act or their legal representatives shall, within ninety days after such death, file with the Secretary of Commerce and Labor an affidavit setting forth their relationship to the deceased and the ground of their claim for compensation under the provisions of this act. This shall be accompanied by the certificate of the attending physician setting forth the fact and cause of death, or the nonproduction of the certificate shall be satisfactorily accounted for. In the case of incapacity for work lasting more than fifteen days, the injured party desiring to take the benefit of this act shall, within a reasonable period after the expiration of such time, file with his official superior, to be forwarded through regular official channels to the Secretary of Commerce and Labor, an affidavit setting forth the grounds of his claim for compensation, to be accompanied by a certificate of the attending physician as to the cause and nature of the injury and probable duration of the incapacity, or the nonproduction of the certificate shall be satisfactorily accounted for. If the Secretary of Commerce and Labor shall find from the report and affidavit or other evidence produced by the claimant or his or her legal representatives, or from such additional investigation as the Secretary of Commerce and Labor may direct, that a claim for compensation is established under this act, the compensation to be paid shall be determined as provided under this act and approved for payment by the Secretary of Commerce and Labor.

SEC. 5. The employee shall, whenever and as often as required by the Secretary of Commerce and Labor, at least once in six months, submit to medical examination, to be provided and paid for under the direction of the secretary, and if such employee refuses to submit to or obstruct such examination his or her right to compensation shall be lost for the period covered by the continuance of such refusal or obstruction. SEC. 6. Payments under this act are only to be made to the beneficiaries or their legal representatives other than assignees, and shall not be subject to the claims of creditors.

SEC. 7. The United States shall not exempt itself from liability under this act by any contract, agreement, rule, or regulation, and any such contract, agreement, rule, or regulations shall be pro tanto void.

Waivers.

SEC. 8. All acts or parts of acts in conflict herewith or providing a Repealer. different scale of compensation or otherwise regulating its payment are hereby repealed.

Approved May 30, 1908.

ACTS OF 1908-9.

CHAPTER 179.-Compensation for injuries to employees of the Isthmian

Canal Commission.

of absence.

SECTION 1. Nothing contained in the act approved May thirtieth, Commission nineteen hundred and eight, entitled "An act granting to certain may grant leave employees of the United States the right to receive from it compensation for injuries sustained in the course of their employment," shall prevent the Isthmian Canal Commission, under rules to be fixed by the commission, from granting to its injured employees, whether engaged in a hazardous employment or otherwise, leave of absence with pay for time necessarily lost as a result of injuries received in the course of employment, not exceeding in the aggregate thirty days per annum: Provided, however, That compensation paid to such injured employees under such regulations shall be deducted from any compensation which such employees may be entitled to receive under the terms of the act. Approved February 24, 1909.

ACTS OF 1910-11.

CHAPTER 285.-Compensation for injured employees of the Isthmian Canal
Commission.

Scope of law.
Compensation.

SECTION 5. Hereafter the act granting to certain employees of the United States the right to receive from it compensation for injuries sustained in the course of their employment shall apply to all employees under the Isthmian Canal Commission, when injured in the course of their employment; and claims for compensation on account of injury or death resulting from an accident occurring hereafter shall be settled by the chairman of the Isthmian Canal Commission, who shall, as to such Administration. claims and under such regulations as he may prescribe, perform all the duties now devolving upon the Secretary of Commerce and Labor: Provided, That when an injury results in death, claim for compensation on account thereof shall be filed within one year after such death.

Filing claim.

Approved March 4, 1911.

*

*

ACTS OF 1911-12.

CHAPTER 57.-Compensation for injuries of employees of the United
States-Bureau of Mines-Forestry Service.

SECTION 1. The provisions of the act approved May thirtieth, nineteen hundred and eight, entitled "An act granting to certain employees of the United States the right to receive from it compensation for injuries sustained in the course of their employment," shall, in addition to the classes of persons therein designated, be held to apply to any artisan, laborer, or other employee engaged in any hazardous work under the Bureau of Mines or the Forestry Service of the United States: Provided, That this act shall not be held to embrace any case arising prior to its

passage. Approved March 11, 1912.

Act of 1908 ex

tended.

Act of 1908 extended.

System to be provided.

CHAPTER 255.-Compensation for injuries of employees of the United
States-Lighthouse Service.

[blocks in formation]

Hereafter the benefits of the act of May thirtieth, nineteen hundred and eight (Thirty-fifth Statutes, page five hundred and fifty-six), entitled "An act granting to certain employees of the United States the right to receive from it compensation for injuries sustained in the course of their employment," shall be extended to persons employed by the United States in any hazardous employment in the Lighthouse Service.

[blocks in formation]

*

Approved July 27, 1912.

CANAL ZONE.

ACTS OF U. S. CONGRESS, 1911-12.

CHAPTER 390.-Compensation for injuries of employees on the Isthmian
Canal and the Panama Railroad.

[blocks in formation]

The President shall provide a method for the determination and adjustment of all claims arising out of personal injuries to employees thereafter occurring while directly engaged in actual work in connection with the construction, maintenance, operation, or sanitation of the canal or of the Panama Railroad, or of any auxiliary canals, locks, or other works necessary and convenient for the construction, maintenance, operation, or sanitation of the canal, whether such injuries result in death or not, and prescribe a schedule of compensation therefor, and may revise and modify such method and schedule at any time; and such claims, to the extent they shall be allowed on such adjustment, if allowed at all, shall be paid out of the moneys hereafter appropriated for that purpose or out of the funds of the Panama Railroad Company, if said company was responsible for said injury, as the case may require. Acts super- And after such method and schedule shall be provided by the President, the provisions of the act entitled "An act granting to certain employees of the United States the right to receive from it compensation for injuries sustained in the course of their employment," approved May thirtieth, nineteen hundred and eight, and of the act entitled "An act relating to injured employees on the Isthmian Canal," approved February twenty-fourth, nineteen hundred and nine, shall not apply to personal injuries thereafter received and claims for which are subject to determination and adjustment as provided in this section.

seded.

Basis of order.

Who to receive compensation.

Approved August 24, 1912.

[In accordance with the foregoing act the following order was issued:]

EXECUTIVE ORDER.

By virtue of the authority vested in me by section 5 of the Panama Canal Act, approved August 24, 1912, directing the President to "provide a method for the determination and adjustment of all claims arising out of personal injuries to employees thereafter occurring while directly engaged in actual work in connection with the construction, maintenance, operation or sanitation of the canal, or of the Panama Railroad, or of any auxiliary canals, locks or other works necessary and convenient for the construction, maintenance, operation or sanitation of the canal, whether such injuries result in death or not, and prescribe a schedule of compensation therefor," I hereby establish the following order for the Canal Zone:

SECTION 1. The United States or the Panama Railroad Company shall pay compensation as hereinafter specified for personal injuries to their respective employees occurring after March 1st, 1913, while such employees are directly engaged in actual work in connection with the

construction, maintenance, operation or sanitation of the canal, or of the Panama Railroad, or of any auxiliary canals, locks or other works necessary and convenient for the construction, maintenance, operation or sanitation of the canal, whether such injuries result in death or not;

but no compensation shall be paid if the injury is caused (1) by the Exceptions. employee's intention to bring about the injury or death of himself or of another, or (2) by his intoxication.

SEC. 2. Except as provided in this order, the United States and the Panama Railroad Company shall not be liable for personal injury to or the death of an employee for which compensation is provided in sec

tion 1 hereof.

System exclusive.

SEC. 3. During the first five days of disability resulting from the Waiting time. injury the employee shall not be entitled to compensation, except as provided in section 9. No compensation shall at any time be paid for such period.

ity.

SEC. 4. If the injury results in total disability, there shall be paid Compensation to the employee a monthly compensation equal to fifty per cent of his for total disabil monthly pay. This compensation shall be paid during such disability, not exceeding a period of six years from the fifth day of disability of any kind resulting from the injury. After such period of six years there shall be paid to the employee during such disability a monthly compensation equal to not more than forty per cent and not less than twenty-five per cent of his monthly pay.

SEC. 5. If the injury results in partial disability, there shall be paid Partial disa to the employee a monthly compensation equal to fifty per cent of the bility. difference between his monthly pay and his wage-earning capacity per month after the beginning of such partial disability. This compensation shall be paid during such disability for a period not exceeding six years from the fifth day of disability of any kind resulting from the injury. After such period of six years, there shall be paid to the employee during such disability a monthly compensation equal to not more than forty per cent and not less than twenty-five per cent of the difference between his monthly pay and his wage-earning capacity per month after such period of six years.

SEC. 6. After the beginning of partial disability the governor of the Panama Canal may, from time to time, require the injured employee to make an affidavit as to the wages per month which he is receiving. In the statement of the wages the value of rent, board, lodging and other advantages received from the employer, which can be estimated in money, shall be taken into account. If the employee at any time fails to make such affidavit, he shall not be entitled to any compensation while such failure continues, and the period of such failure shall be deducted from the period during which compensation is payable to the employee.

SEC. 7. If the employee refuses to work after suitable work is furnished to or secured for him by the United States or the Panama Railroad Company he shall not be entitled to any compensation while such refusal continues, and the period of such refusal shall be deducted from the period during which compensation is payable to the employee.

SEC. 8. If at the time disability begins the employee has to his credit any unused sick leave, he may, at his option, subject to the approval of the governor of the Panama Canal, use such leave until exhausted. During such time no compensation shall accrue, and any period of sick leave allowed on account of such disability after the first five days of disability shall be deducted from the period of six years referred to in sections 4 and 5.

Earnings of beneficiaries.

Refusal to

work.

Sick leave.

attendance.

SEC. 9. There shall be furnished to the injured employee reasonable Medical, medical, surgical and hospital services and supplies, unless the employee elects to furnish his own physician or to care for himself. If in the opinion of the governor of the Panama Canal a surgical operation is necessary, either to save the life of the injured employee or to render the disability less serious, and the employee refuses to submit to such operation, he shall not be entitled to any compensation thereafter, but in case of his death, compensation shall be paid as hereinafter provided.

etc.,

« PreviousContinue »