10 10 347 https://haylibrary.cvlcollections.org/files/original/ebc35a3538dbe15f48b43859866026e3.pdf c72f14fd2f29d35a2ace585d8b6d841f PDF Text Text I STATE OF WYOMING 9 Workmen s Compensation Laws �1997 'W EIGHTS AND MEASURES jail for not more than one year, or by both such fine and imprisonment. [L. '21, c. 73, § 14. • 123-115. Definitions of terms. The word " person" as used in this chapter, shall be c011~ strued to import both the singular and plural, as the case demands, and shall include corporations, companies, societies and associations. The words "weights, measures or I and weighing or I and measuring devices" as used 123-115 in this· chapter shall be construed to include all weights, scales, beams, measures of every kind, instruments and mechanical devices for weighing or measuring, and any appliances and accessories connected with any or all such instruments. The word "sell" or "sale"• as used in this chapter shall be construed to include barter and exchange. [L. '21, c ..73, § 15. �., ., CHAPTER 124. ' . .W o~kmen's ..Comp~nsation. S~ction. 124-137. R e-opening _of cases. 124-138. Bills to he itemiz!!d-J'ime of filing. 124-1 39. Notification by doctor. 124-101. Name of law. 124-102. General provisions. 124-103. Provisions exch1sive, · compulsor); and oblii,;atory. 124-140. Awards. 124- 141. Deferred payment account. 124-104. Extra-hazardous occupations defined. 124-1 42. Brib ery. 124-105. Exceptions. 124-101. Name of law. T hi s chapter shall be kn ow n as th e " wo rkmen 's compensation 124-106-7. Definitions. 124-108. Guardian ma y act for persons un de r cfo ability. 124-109. If other than employer is liabl e. 124-110. This chapter govern s as to liab ility of em• player. 124-111. Blank forms supplied by state treasurer. 124-112. Reports of accident. 124-113. Investigation by the distr ict jud ge-Pro -cedure in disputed cases. 124-114. Appeal to supreme court. 124-115. Court order recorded- Copies to au dit or and treasurer. 124-1 l(i. Industrial accident fund- Ap prop ri ati on. 124-117. Employers' assessments. 124-118. Filing of payrolls with ~tate treas urer. 124-119. Inspectors-Failure Penalty. to pay assessment- 124-120. Compensation schedule. 124-12_1. Additional compensation for disfigur ement. 124-122. Compensation for hernia. 124-123. Forfeiture by injured em ploye-Paymcnts withheld. 124-124. Exemption from execution or attachment. 124-125. 1'.Iinor workman. 124-126. Extra-hazardous public work work. 124-127. Safety devices. Contract Unlawful to receive more than 5 per cent. of compensation for services rendered. 124-129. Physicians required to testify. 124-128. 124-130. False statement by employee. 124-131. Annual report by state treasurer. 124-132. Examination by state treasurer. 124-133. 124-134. Disable_d. workman examined by employer's phys1c1an-Recovery reported to court Employes' statements of dependent pers~ns. 124-135. Assignment of rights and benefits. 124-136. Actions against employer independent of chapter. law ." [L. '15, c. 124, § 1 ; C. S. '20, § 4315. \ Vorkman' s compensation act w ould be valid as to t he remainder even if th e provi sion for non-paym ent fo r the fi r s t ten days was in valid, being severable. Zancanell i v. Ce ntra l Coal & Coke Co., 25 W yo. 511 , 173 P. 981. V·/ o rkm en's compe nsation act is valid, and not contrary to an y prov ision of the state or federal constitut ion . Id . \ Vorkm en's compensation act does not violate am endment to ca ns t. art. 10, § 4, providing compensati on " to each p rso n inju red," in that no compensation is allmved fo r fi r t 10 days of disability. Id. \ Vorkm en's compe nsat ion act, § 124-113, does not deny the rig ht of an ern ploye to be r epresented by coun el, in view of § 124-128, r elatin g to fees of attorneys. I d. \ \' orkmen's com pensat ion act is not unconstitutional in that the provision t hat children over the age of 16 s hall not be cons idered dep endents unless incapacitated . I d. \ Vo rkm en' s compe nsation act is not unconstitutional in th at nonresid ent alien family of deceased employe shall r eceive onl y 33 per cent. of amount allowed to residents of state. Id . This chap ter held, not based on unreasonable classifi cation, citi ng const. art. 1, § 34. Ideal Bakery v. Schryver, 43 Wyo. -, 299, P. 284. U nder § 124-124, providing that no money payable under this chapter, shall, prior to issuance and delivery of warrant th er efor, "pass to any other person by operation of law," the rights of an injured employe to compensation provided for in §§ 124-102, 124-103, 124-113, did not pas to his administrator as an asset of his estate on his death after award had been made, but before the issuance or delivery of the warrant provided for in § 124-115, since in its ordinary ~nd usual sense within § 112-101, the phrase "by operation of law," when used to describe a method by which title to property is transferred, includes a transfer by intestacy. La Chappelle v. Union Pacific Coal Co., 29 Wyo. 449, 214 P. 587. This chapter cited in State v. Carter, 30 Wyo. 22, 43, 215 P. 477, 484. Findings on evidence in compensation contest conclusive. Standard Oil Co. of Indiana v. Sullivan, 33 Wyo. 223, 237 P. 253. . . ~ ward not conjectural, though different find mg Justified. Id. • Under this chapter there is a prima facie right to ~o_mpensation when disability or death is result of ad lllJUry sustained in extra-hazardous employment ayi the right thereto should not be denied unless the mjury was due solely to the negligence of the w!'rktnad whose injury or death is the basis of the claim,. an the burden of proving such affirmative defense is on �1999 WORKM E N'S ' ,C0MPENSATION: thi;; en1ployer, in view of§ 124 7 U 2. Hotelling y. Fargo\,Ves tcrn Oil Co., 33 W yo. 240, 238 P . 542. ' ·: Total disability should not be declared pe rman ent. ' unless certain . Car ter Oil Co. v.· Gibson, 34·•\i\Tyo. "53, • 241 P. 219. • • . , · ·,, Evi~ence held, to justify,, finding that to tal disabilit v was permanent. . Id. :.·. , • , • • L _cgislature . (nay in1!)_ose duty. on court report e·r 'of 111 akm g transcripts of eompen sa t1 on cases free of cost In re ·win borne, ·34 W yo'.• 349, 244 P . 135. . • This chapte r cited. in sonstruing §§ 124-104 a1id 124107. In re Kara s, 34 ·Wyo. 357, 243 P. 593. Rule that in case of, conCTictin_g ev iden ce aJ)pellate court_ ., \1 ill _not reve rse jud&'ment supported l,Jy sub- · stant1al evidence, held, appltcablc t o case s itndcr this chapter. l\kl\fahon , •. Midwest Refinin g. Co., 36 vVy'o. 90,.252 P. 1027. • . ,·· . , , 1• T his chapter cited in con struin g cer tain cclions here of. In re Hibler, 37 W yo. 332, 261 P . 648. This chapter cited in' Rcint'sma· v . Stand:m l •O il Co. 37· Wyo. ·471 , 263 P. 619, an.no la ted under § 12+-J 14. • ' Cited in const_ruing §· 124-112. In r e :Marti ni, 38 Wyo. 172, 2?5 .P .. ,?0~. ., , , ,·, . . ~24-102. ·- Gene·ral provisions. • Compe1_1sati or.· hen;in prov ided for shall be 'payab le t o persons injtired jn extra-hazardottS employmen t , as herein defined, or th e depeilderit families of such, as die, as th e resu1t ·of .such inj uri es, except in cas_e of injuries due-solely t o th·e culpabl~ neglige1~ce of the injured employ es. Said compen sation shall be payable frorn •fon cJs •in the state treasu ry to be accumulated an d maintaine in the manner ·herein provid ed. Th e ri 0 :ht of each employe to compensation · from such funds shall be in lieti of and shall t ake the place of any and all rights of action aga inst· an y employer contributing, as reqtiired by law;·t o ~uch fund in favor of any such person or persoris by reason of any such injury or cle'ath. Sections 23-129, 89-403 and 89-404; ind all laws or part s of la,vs relating to damages for injuries or death from injuries or in anywis·e in °co'nflict wi~h this chapter 'are hereby repea\e·d, as to the . employmel}ts, employers and employ es coming within the-terms of this chapter. [ L. ' 15, c. 124, § 2; C. S. '20, § 4316. Quoted in Zallranelli v. Central Coal & Coke Co. 25 Wyo. 511, 173 P . 981; and in Ideal Bakei:3• v'. Schryv'er, etc., 43 '\,\Tyo.-, 299 P . 284. . . Cited in La Chappelle v. Union Pacific Coal Co., 29 \i\Tyo. 449, 214 P. 587, annotated under § 124-101. . The. word. "solely," as used in Const. art . . 10, § 4, and tlus· section, enacted pursuant , to authority there given, is a word of exclusion, and may be used to mean "only" or "exclusively," and as used must be given a reasonable meaning, in view of the known · policy of this chapter, Hotelling v. -Fargoa\i\'estern , Oil Co., 33 Wyo ..240, 238 P. 542. .. : . Proof held, .insufficient to sustain 'a ffirmative de- ' fense that workman's· death w~s due solely to his own ' negligence; fellow workman's negligence immaterial. Id. • City. employc, injur~d ,~bile impoun~ii'ng , animals, which occupation was not within ·.compensation 'law,-· could not recover compensation; though - also -cm: ployed as truck driver; which, ,w as within. law. Leslie.; v. City of..,Ca~per, - 1~· W.yo. 44,, ~&8 f,::15, •. ,. ,"• 124-104 •124'-~?3; P~ovisions_ exclusive, ~compulsory a~d o~hga~ory. The nghts' and rerhed-ies ' pro: v1ded 11: tJ11s chapter f9r an. erµploye on account of an · 1113ury shal l, .be exclusive of ,all other rig hts and remedies of -such: 'employe,· his person~! :,or legal repres q~}~tiv~s '. ;?f ? ~pen ~le11t family a! ~ 0 111111011 1<1:w ~r. othe,.-w1s!! ~n accott'nt of such 1113ury; and the, term s ; aonditions and prov jsions. of this ,a~apter ~or ;\ he ,payment 'of compensat10n and the amount th ereof for ibjuries sustained or death resultiri'o-'· £;01;~ ·s·uch · injl;lrjes· shall •be e.--xclusive;.•:compulsory· "and ob_l1~ato r)~ upon both emplorers a11d employes , commg ,v1th111 the •prn.visoions here:of. [L.. '. 15 1 C. 124, § 3; G. s. '20, §.4317., :, ,,,,:, i Quoted in ·zanc'a nelli · v. Ceniral' Coal & Coke · Co.', 25 W yo. 511 , 17'3 P. 981. . • . ·., ! • ·, , ,· Cited in J:,a Chappelle v. Union Pacific ,{::oal Co., 29 W yo. 449, 214 P . _587, ,an,1~otate<\ und er .§, ,l ~4°-10l. - 1.24-104. Extra-hazardous occupations de 0 fined. ·The extra-hazardou~ occupations to w hich -~hi s chapter is app licable are as fo ll ows :: F actories, garag es, mill s, pri11ting p·la nts and · ,~_or kshops wry er e. i;na~hiq ery is used; , fo;und n es, blast fun1aces, mines, oil wells, oil refin- • e,r ies, g asoline fi lling station ~ a nd bulk oi l stat io ns,. gqs work~, 11atural' ga . pla.n ts, · w~tyr works, reduction works, Qreweries, elevat ors,cfr ~dg es,. e.._xcava tions, trai1 sfe r. comp~nies; g~nerql t eamin g, .general trqcking, ditch rider of irrigation ~listricts, ·smelters~ powder works, . laundries operated, by power, . re~taurant an~ bakery kitchens ,where .· powei: .rp.aC;hinery is, used, quarries, . engipe~rip g ..works,.• loggin g, · lumber yards, Jumber~11g and, s;iw, mill ,operations, dude ranching, street and , interurban . railroads not engaged in int'e rstate. commerce,. buildings being constr;,c t~d, ·.repaired, . IT\cry.ed: or demolished, pa_inting .~per~tions, teleph9ne, telegraph, electric liglJt- or , power: plants or , lines, steani heating or power plants, railroads . not engaged in, interstate convnerce, bridge'. building, the , occupation~ . of .~jty 9r towp. :fire- , men and city or tow:n , policeme:i; ,_and all employments wherein a process requiring the use of any dangerous .explosives .oi:, i~1flamrqable materials is carrie_d..ori,,.which is co.nducted fot;' the pvrpose of business frade or gain, each of whi.ch employment is hereby d_e termined to he extra..:hazardous and in which,, from the nattJie,' conditions or.meaps of prosecuti.on of the ,worktherein r~qu\reci r}sks ,,to. the.,life and li~b .cf th~ wotk.meJ.1 e11gf1ge~ -: t~!!rein , ·fre ,1j1h.en;nt, , necessary or. substilntI~ll:r,., unavoidable. .This . cllapter shaiLnqt .a,pply tn' any, case ,;.,,i1ere the injl).ry 'qccur,re~ befo1-:e .this _c,1.'ia:i:iter' takes eff~ct, and to. ~11,- dg~ts . ,y hich ~~v.e ;ac~rued •by r~ason of any ·such_. 1~jµry 1 :pfi~r. :!~ :the _taking ,effect ~f this__ c:hapter~ _1,haH ,be,s,ax-ed -the re_medie$ now ~isti1_1g th~r~f~r:, ·,{ l;,,,{3Ji,-~.,·?4d l,· amendipg 0 �F 124-105 WORKMEN'S COMPEN SATIO N 2000 a part of the plant includin_g elevators, wareL. '29, C. 46, § 1 ; L. '23, c. 60, § 1 ; L. '2f, § 138,_ houses and bunkers, saw _mill, sash factory or § 1; C. s. '20, § 4318. • • other work in th e lumber mclustry; Questions of negligence for injury received Jn e~(cl ) "M in e" m ean s _a ny _ope_nin g i1~ th e earth tra-ha za rdous occupation s stated. Hotelling v. •arg .- for th e pur pose of extractmg iron, 011, coal, or 2 ·w estern Oil Co., 33 Wyo. 240, 238 P . 54 • d l • ing oth er min~rals an d all un de_rg round workings, Plasterer, contracting to mo".e hou~e an . 1 !r s h,e lper, held, employer engaged m movmg butldm g • slopes, dnfts, shafts, gall eries, w ells and tunIn re Karos,. 34 '"'yo. ~57, 243 P. 593. 44 288 nels, and oth er ways, cuts and openings conCited in Leslie v. City of Casper, 42 W yo. , nected th erew ith, including those in the course P. 15, annotated under § 124-102. ,, Quoted in Ideal Bakery v. Schryver, etc., 43 '" ) o. of bein g opened, s unk or driven, and includes all th e app urtenant structures or machinery , 299 P . 284. 124~105. Exceptions. This chapter shall not at or about th e openings of th e mine, and any· be construed to apply to business or em ploy- adj oinin g ad jacent work place w here the ma: ments, which, according to law are so en_gaged teri al fro m a m ine is prepared for use or shipin interstate comm erce as to be not subj ect to ment; (e) "Quarry" m eans an y place, not a mine the legislative power of tl1e.state nor to persons injured while they are so engaged , nor to any' where stone, slate, cl ay, sand , g ravel or othe; employe engaged in domestic service, ranch, solid material i clu<Y or oth erwise removed farm , agricultural, or horticultural labor,. or from th e earth for t he purpose of trade or barstock raising, or any person holding an appoin t- gain or of th e employer's trade or business; (f) "Building work" mean any work in the ment as sheriff, or deputy sheriff, or constable or deputy constable. [ L. '23, c. 60, § 2, am end- erection, con truc tion, exten sion, decoration alteration, repair or demolit ion of any building ing C. S. '20, § 4319. or structnral appurtenances; 124-106-7. Definitions. In thi ~ chapter un(g) "Engineering w ork" means any work less the context otherwise requires: in th e con tructi on, alteration, extension, repair (a) "Factories" mean any premises wherein power is used in manufactur ing, making, alter- or demoli tion of a rai lway (as hereinbefore deing, adapting, ornamenting, fin.ishing, repairing fined ) brido-e, jetty, dike, dam , reservoir, unor renovating, any article for the purpose of derg round conduit, sewer, oi l or g as well, oil trade or gain, or the business carried on therein, ta~1k, gas• tan!{, w~te~ tank or towe r, or any including expressly any brick yard , meat pack- caisson work 111 artific ially com pressed air, any ing house, foundry, smelter, ore reduction work in d redging, work on log or lumber ,rafts works, lime-burning plant, stucco plant, steam or ~oom s; pile driving, mov in g buildings, heating plant, electric lighting or power plant, ~ovmg safes, or in laying, repairing or removincluding all "·orks in or directly connected mg underg roun d p ipes and conn ections ; the with the construction, installation , operation , er~ction, installing, repairing, or removing of alt:ration, removal or repair of ,yires, cables, b?tl ers, _furnaces, eng ines a nd power machinery switchboards or apparatus used for the tran s- (mcluclmg belting and other connections); missiot; of e~ectric current, _arid water power and ~ny :work in grading or excavating where plant, mcludmg tower and standpipes, power shon!1g 1s necessary or power machinery or plant, b_last furnaces, paper mill, printing plant, blastmg powder, dynamite or other hia-h exflour mill, glass factory, cement plant, artificial pl~sive is in use ( excluding mining and° quarg~s plant, machine or rep~ir shop, oil plant, rymg); 01! refinery plant and chemical manufacturing _(g-1) " Dude ranching," for the purpose of plant; this chapter is defined and means a ranch con(b)_ "Work shop" means any yard, plant, ducted primarily for the accommodation and premi_ses, r~om or place where power driven ente_rtainment of guests for monetary considmach!nery is employed and manual labor is eration; e~erc!se1 by way of trade or gain, or other(h) "Employer" includes any tnuncipality, ;v1se mci?~ntal t~ t~e process of making, alter- co~nty, person, or body of persons; corporate !ng, repamn_g, pnntmg or ornamenting, finish- or incorporate, and the. legal representatives of mg or adaptm~ for sal~ or· otherwise· any article or part of article, over which premises, room a deceased employer or the receiver or a trustee or place the employer of the person working of a person, corporation, association or part~rs§h ip. [L. ',31, c. 94, § 2, amending .L. '23, c. therein has the right of acc·ess or control• , . 4 ; C. S. 20, § 4320. ( c) "Mill" means _any P!~mt, premises'. room (i) ":"Yorkman" means any person who has or place _where mach~nery ts used, any process of mac~mery, changmt, alt1ering or repairing· entered mto 'the employment of or works under any article. or commodity for sale or otherwise contract of service or apprenticeship with an together with the yards and pretnises wh.ich are· ~mp oyer, except a person whose employment is purely casual and not for the purpose ofthc I.. �i1 l 2001 • Vl<DRKl'iiIEN ':S' Q::0MPENSATIO N "124-110 ' eni.ployer's trade or bitsiness·,, or those ·e ngaged t·h~ d,i1~ie_~ o.f . hi s. em p_loy ment or after leaving in 'derical ·worki·and not ·subject to the hazard s . s1,1ch duties,: ,the ,proxmlate, cause of which inof the business, or one.. holding an offici al posi- jury is not the employer's negligence; tion·. 'Fhe tenn "workman"··shall include 'fem(m) , The word s " inLury and peq,onal inploye 1' and the ·ter m· "employ e" shall ii1clud e ju_ry"· shall '110t . in~fijde 'i9j~~r.y' _caused by _the "workman" and each shall include th e singular , wilful act of .a third J?erson directed agauist and plural of both sexes. Any reference to , a . 'an· em pfoye. for reasons personal to . such eniworknian who has ·been injured shall where the 1:iloie, ·or because ·of h is -e\n ploymert; nor ·a workman is .dead , •include a' reference to hi s disease, excep t, as it shall .direc.tly result from "dependent family " as her ein aft er defined , or an "injury incurred ln 'the err\ployment; to his legal rep:ese1_1 tative, or where the work(11) " Invalid" mean_s· 011e wh'o is physically man is a minor or incompetent, to hi s g uardia11 or mentally incapacitate{from earn in g wages. or next friend. [L. '15, ·c. 124, § 6; L i >19, c. [L. '15, c. 124, § 6; C. S'. '2Q,§ 4321, as ame11eled. • I ' • • • • I 117, § 2; • . . \ Vl1ctJ1cr cmployc's. ~vo,k is .casual or for pur pose • (j) • "DeI?eildent famili es" ·as usec.1 in this of emp loye r's trade or business, within this section , chapter means such ·memb ers of t he workma n's defining work1ha n, depe nds on fa cts of individual case. family as )Vere " ·holly or in part actually de- In re Karos, 34 Wyo. ;357, 243 P. 593. Hquse mover's .enJploye, ' driving tractor, held, workpendent ·upon the workman for support at the man, within compcns.atio~ , \aw, th ough employment time of th~ inj~try; if -it be shown that the sur- was casual. Id. • . . . • ubdi\"i ion (l)' 'held, to in ~lud c injurie suffered 'vivitig spouse wilfully deserted deceased withthrough the pe r fo rmance of. all · duties of the employout fault upon the part of the deceased , uch ment, whether main' or inciden tal thereto but called surviving spouse w,ill not be regarded, as 2. fo r -by it. Ideal Ba kery ·v. Schryve r, etc., 43 Wyo. - , • • dependent·in· any degree. · No surviving spou e 299 P . 284. Cited In re ·Martini, 38 W yo . 172, 265 .P. 707, anshall be entitled fo ·th~ b en ~frts_of this chapter unless he or she shall h ave bec1i" married to th e noted under § 124 -112.. deceased at the tim e of the ihjury . ·[L. '21, c. . .124-108. Guardian may act for persons un138, § 3 ; .. der disability. In ca:se a)1, injured workman is (k) "Child or childfen" n1'eans boys under m ntally incompetent or ,a min or, or -where sixteen ·years · of age and g irl urider eighteen death re ults ·fro m the injury, in ,case any of • years of age' ( and oYer said age, 'if physi call y hi dependents. as herein ' defined be mentally or mentally incapacitated froni earning) · a11cl in co mpete nt or a niinor,. at the t ime when any 'shall also include legitimate children of the in- rigM 0r pri vil ege accrues to him under_, this jured worlrnian· born after hi s deatl-i ·or in jury. -chapter, his guardian may, in his behalf, cla-im In other cases; questi on_s of ~a•m ili dependency ,and, exercise ·s:uch right--.or .privilege and 110 in whole or in part shall be -determined in ac- limitation of time, ,in this , chapter pr.ovi<!ed cordance ,'vith ,t he fact, as the case may be, at for, shalJ ·rw'i, so long -as such .-in competent- or the .time of the injury; the foregoing definition • minor has no g uardian. [L. ' IS,. c .. 124 § 7; I ·' -of "<l,epe!_ldent families"· shall not include any c_. S. '20, § -4322: , . 6£ the persons named, who are ali ens residing . 124-io9.. r If o~h,er ;th,ai:i . employ~r ~s 1iable . beyond the jurisdiction of the Uniteq States of Ameri9, except a .surviving widmv, or boys , ~ here an · employe' coming un _cjer thf! proviunder sixteen (16) years of age oi· .girls un- sions .of this chapter _receives. a11 injury under der ~ighteen -(1:8) years of age, ,or parent or • c.ircums.~anc~s creating a legal _liabil_ity, in ·s<;>m,e parents, and as to suc·h non-resident aliens the p~rson .other ·than the ein'p loyer ,to !)a~ d_<!,~ages· in res_J?ect there,of, an~ no ·J~gal lt~b1ltty rate o'f compensation .shall n?t exceed thirtyattaches to the employ~r, then. and in sµch three and one-third per cent. (33 ¼o/o ). of the rates of c0mJ_)ensation herein _provided. [L. '23, case _such .employe sh~I_l ·be l~f~ to •hi~ . remedy at law ~gainst .~uch _oJhe,r pers.o_n, and com• C. 60, -§ 3 ; • , • pensation shall not .be payabl_e unde~ _this chal)(I) The words "injuries sustained in extra- ter. ''[i.:.,'15, .c. 12,i., § _8.;. 'c. $ ..:20, § 4323 .. ": ,· . . . . . hazardous employnien:t," . as used in this chapter shall include death resulting from •injury, 124-110. This chapter governs 13s ,to ~iabilm1d injuries to employes, as a result of their ·ity of employer. 'No· ton·t ~ad, -r ~1le,_,.regufati_o n employment -and ,,,hil:e a:t work in 'or about the '0r· deviee whatsoever 'sl!-all op~"r<1;te to -t~lieye premises occupied, :used ' or controlled _by the •-t he employer, jn 'vvtiole ·or· i1~ part, f rom 'any employer, .and injuries • occurriin_g dse,i.rhere Halbil-i-ty creafod bi this obapter ·e-~ cept as herewhile .at work in- places ,vhere tl1~1r · emplo:yer's in provided. [L. '15,. c. 12~, '§" 9; ~ -- S. '20, § ' ' ; • business requir.es their presence and sub1ects ~ 4324, ; • ' ; j • ~ I . • . . ' •• them to .extra-hazar.dous,duties 'in:cid.emt to tlie ,vliether stipulation for reopening .case 'on certain bu'Siness ·b.u.t·shaH not include :injuri~s of . the conditions -after final judgment allowjn!i" compensation -employe' occurring while .on his way:t~ assume • td injured emplore ds •void, ·under . this section, 1s im' 0 I • • I �. :WORKMEN',S coMPEiNSAT.I\ON . ,124-111 .i2o02 ; st.at~ ,:~re~sttr.er,, ~or: , si1c)1 :1 r.u~p?se~;-'-and ;,~hall b~,ve.nfi~cl· as plcc.1dmgs ,Jn ,GIV.ll;,aotw11~, .;wilfu1 £a1!~1rc o:· ~eg~c~t11_~11,,t he.1p~-r,t orany :etnployer wlrnse: ,b.u smess·i o: .o,c_oup.atJ.o~ , 1.s ,on~IentJtnerf f ·, i :,:.l ' I , •,124-q1. ~lar,tk ;f'or,ms ,.suppJied_,1bY" ~ta;{e ,ated ,and defined , l~_~ :em· as. -be_m~ !.e~tra-hazard_. treasurer. . Jt ;,~~~! ,I?~ tll <;Hlt~.tY, o~)he ;,ta e ,ous, _to rei)_ort acCJ.dl:lnt.s caus-111w_. m}t1-n,,,t 0 a.ny . tr~ast1rer . t,o :P~ep~i:1, ~~nse., to ~e. ,i:inpt,<rf\ and J'.O f. h 1s em p_lo:f es u sl:-1-~L; b,e, aum 1stlem,e1:111oq and suppli~d .free for,, pse !P the,_aclnim1s~i:a~10!1 1.?f upon conv1ct1on i s,u9h ,employ,f!r. .shaH ,b!! :punthis ~hapter su~h h.(~nk:for!11s,as ,tl}ay, b~.neecjed ished by ,a fin,e of not ; exte.¢dmg .fiv!! .h.u11dred in •the a~in_istl'.'/-M9n AJ'1ei:~of, ,~np , the f9qns dollars ($500.Q0).:, ·,1' 1, • ,i, 11,.i ·1,,-, ,,:,, .,· ., ,proyided by , _tpe str t~. tre<1;sur:e.r _sh<\11 be us~cl ; , The 'injured , em plo~1e'.s: r~pqr,ti iof •Jacoid~nt as · riear as may ' be -. in ,,all procedure unc,ler . this , 111;ay be .made upon ,!a 1,pnnt1Jd ·1 form ,prepaned chapter ; and .it shaUbe ' t)ie ' p\ttY:..?~ ',th_ti state . by th e !state . tre_a·sur.er: for. 1~hat): ,P.itrpose. 1 No treasurei: to 'providl!- himself ,yith sitch , other order or_ award_ ~or ~ompen sati on shall 'be. tn:ade .books, ,record's, or forms· as piay ·be deeemed 1mles$, ·111 add1t1on ,,t<;> ,; the rep:e.1;ts,,0£ ·acqident 1 n'ec~ssary to 'expedit~ the tr~nsacti on of busi- a1~ applicatiq1:i or .claim for ,a,w.,ard) s ,filed hy•th~ ness ~111d er the pro\"isioiis .of. thi s chapter . . ,The injui:ed ,'1-vor!;;m ~n;: or , sqrn eqp ei· Qn hi:, .bel:ialf • state treasqre1' ,s hall also prepare an.cl cause to ,,{)r in _ca.SC:·o f -th:e .rl~ath ,of .t}1~ rinJ1u,;re4 -.work~ be 'p rinted, for the,.infohiiaH6n 'of employes 'and man, by j11s .d e.p~nclen.t~s ·, 9 r; s~~'J?.,~i 0;;i;~ fo ,their -workmen, such helpfu.l in struct_i ons ,1?.'"1;ill as- _behalf, with th e ,c:.l_er.J.~ o~ ,t he ,d_is.trjic,~ ._cgurt in . si_st injiirecl w?rkmen ,in,,•, correctly making tJ1_e ~o unty,. , vh -r em J,,uch ,acqpent ·q<::<n.1rred, claims for ·compensation : · [-i,:· '23, c. 60, § 5, "'w1thm fi.ve _m on t h af,t en ,t.h e d ay on -~w,hic\'l;the 1 .. , d.mg L . •'?l amen - ,' c. 13s, ss 4 ;"• c .·s . '?0 - , § .,i.325 , _• . injury -occ u rred ;. proy.icled, ,h owev,er,;,if,rt:he,em124~112. Rep~rts ~£ ~~ccic:ient'.-. Wh enever an . plox e's r epo rt .of accident ,is I fj led , withi11 . the accident occurs, causing iiJJt~ry t i:> any ,~ork- prescri_b ed pcrio.d for _fi li IJg,qn_S'! l~Pl?yels report • !n'an- engaged · i1~ ~_a11y~1 of •tn'e r; cxtra-ha.'zaf-dous .of a·cc1d ent, the pe1;1or\ qf 1 )1111,1tat1on .for . the erhploments 'd_efined: by this <::haptet) i'f' shall. be fili~ g of such· claim s hal_l b e nine ; :i:npnths. the duty of the , employer· a·n d the •injtii-ed em- ., :r:,J~1t~er_ the r~por ts. of ~cc1 dc'.1t~ :npu · anything .ploye, or son1eone : oh his behal f-, b r in behalf r th.erem conta111ecl sh,all cons ht,u te .. a ,claim ,for of the _injttred einploye' s 'clcpenderlts, if he be compensa tion . . T h e e1~ploye's claim ·for -com.killed .or die? _from the injury, · withih 20 days ' pen sa~i<?n m a)' ).) y a m enc\~c\. 4t ,an 5r'it~me 1 bifo.re therea~tet to _ma½e a• report oi, su<;h accident an , ~x:1g 111,<!,l orcl,:!r of j'\Wa r<;1i I_1cH\f 9.e,e11. .,!11a9~ ·in and the apparent injury •·i·~sulting: 'therefrom . order that: ,t h e w ork man n:i ay. cor.rectly, set -, O\tt and to file said report i11 1 the·.office of the clerk t/1e natur~ of his. ip. jury.r, [~. ,,S.,.'J0n §.. ~3f9, ,as of the district.court of the county• where'in such a;nended by'L. '. 27,. c:.. !JJ., § ;l,;: :i:.,,; 'f9,-s. Rl, § l. accident occurred "·hich report sha11 state: ' • . Cited in H otelling v-. Fargo-,\i\T;csfoi-n Oil :.Co,1 ·33 • ' (1) .The i1ame1 of the':inj·i:tred•.vorkinan and ..\Vyo. 240, 238 P .. 542, ann otated , undci: j§ 124-101 - . -" _R_e port fil ed by cmplo1,ei-, '.·ponc'Jrriing: 'adictcitt knd the time, cause and nature of\ne·"accid'e nt an'<l . injµry suffcre_d tHer~b)1; is ordin'~rrly ~dmls'slb'!e1 tn eviinjury; also whethei: the) nhtrYr has, disabled dence. •Ideal Baker-y v. ' Sch'r_yverj efc.; • 43, v,,ryo, :...._._, ,t he ~\'Ork1;ian f,r om COl)tip\t,ipt , the p,erfo~nfance -299 ~- ?84~- jf, ; 1." ~t) (t1lr_·J:r-.;.;•:11: ,i;t :PI of hts duties· · . • · ·,···' •• • • • , L1m1tat1on ;of .time for application .f.-9r ·compensation 'io ihjuries result(2) \iVhether the _ac~ia-en{ oc~~rred while ~)'. i!1jur~d eniploye; held1 applicable' 1_n ~ea~h·.· In re l\.fartuii,' 38 1,Vyb. 1172/ 265 P! 707: the ,wprkman was enga,ged iq', the' d.4ties of his mg . L~m1tat1011 .fo~ .filing claim •by inJured: employe, held, employment, a,nd grew~oyt_. of ti\ ~ 1!.Il'!Ploym~~t; applicable to ~la!~ •·b3: 1s9_n:iv;1,g P<J,rent~- rrI~,- . .... ...,.. , (~) • T!1e 11f1,ture of ~he erpP,)oyrr,i_ent c).t1d the . • That · e!llplo,Ye ~ S4f'.l'.1Vmg _pai:e\1.ts. 1 >'<\':re •m I\aly, ~el~, no excu~e for not •fiffog claim' tor compensation duties a1;d how . lo11g. : the 1'-'.orkman . has · been 1n ,hme. Id. . ··~·· •· r.' ;. l-,·p1!: :.if.'; t,r · i: 'JY·' . ,e ngaged m the s~rvi~ of_ s~ch lTI}P.l,o yer; . • • • Lack of l<n'o_wledge1 as·to iirriitations· ,fo1diling claim , ( 4) Whether .the. a!=ctd~nt was or . ,w as not for_ compe\1sat1011, held, no excuse for failu~e .t9 file '.!t~e solely . to . th~ cvipable ' n'egl_ig:enc'e ·of ' the _.clan~ ,y1th!n1 , prescribed .time .. Jd. . : '.'. • ·,., I ,.~ ii f;i. ,-•~·rn·,, ·;1 I . • m1ured employe arid 1£ so,' ·a:· sta'.temeht :of the ,-· 124~1-13.· Tnvestig~tion,by th~ ·distdct judge _·facts; . . . ,. , -.. :- 1 . .. ""'!... ~q,.! .... , ~- : ; 1 , t ... ,. c, : ' :-!'rocedute ,in; :disputecl.:cases. ( I i\Vhehevet'·an . .' (5) : • \".he~h~i: #ie ,injunid ;~o~kma,~, is . mar- 1 . ned. oi; smgl;; whether: , he has: a ' 9ependent ·, ~Jury, ot ·,de~th ;.- resultirig i•from injuryd s· re· fflI11Jly! _an<l, ,,1,f _so,. .thei names of, the- p·e'rsons po rte~ to · the clerk of: the !district· .co.trrt ,of· the . ,vherein , sucli , inju..tfy. •occur.red, ' in . ac· compnsmg. such .deQen~~nt: fan~ily.. ar.d, their co~nty pla_ce of _res1den.ce; : . ,. , · • , , . : •• . '·c0rdhance with ,;the · pre<iedjng seat ion , :iti,:;hall 1 1 k"' · • ,nnt1y:. ' · .£ .·the 1d . e·' duty. . : ·of' s .....,,~d,·.,' cer ~·a·at,once (6). • YVh~ther ·th~ t1;j{i~~d°~~'orki'~~;/ /~1/e~ds · ·let tu ge of satd ·,coui,tr tha1: -sttch-inJ· ur-v. repoit. has to cl~tm compen~at10n., u.n~_e r th,\~ _ch;,i.p,ter. : •ueeff fil d •• ·h· · · • ••~J• • Sa_td . empl~y~r ~ rel?_o!t ,o_f_ ;:t'c~ld~_n t in;iy,, be , th . d ~ '?n·: . 1s: .off1ce;- ·,;It; shalh,thereupon rbe made upon -a ·pnnted; .form -prepared :by: the ·. ofe, ?dty_ o~_said'Juage to !in:vestigate tbe,pature sat , 1nJttl'y . ;. .. - 1 1Qr1:c©. . • .,t . ..,,1• d:·ccl a1m .. - mpensa:t1qu·· . . m;ttcrial in cleternJining wb,et!H;r ,t9urt, had jufiri~d.ic<l ' tipn ,to reopen judgment, which ,adopfed ~.nP. ci::in _r,mc statcti1ents in stipulation .at least in p'a rt. M1dwe~~.R.t fining co: ,,. Gcoi·ge, 41 Wyo: 55f1281' P: ~9~s. •' , ' I·. •l • 1:, ! • t I 0 0 I _p;,.. .. , •1: �vVORKMEN'S 1COM·PENSA!T·ION 124-114 the, earliest ' pb's sible .. date, in ,such -a manner an~~ a_ri.d miJeage, as. is •fixed by i1taw, i·n ci vil as J-~e 111a}: de~n~ . n_ecessary t ~ as\:ertain whetlfe'1 act ions,t and : .jury ' cos.ts I shall , als o,:be 1faxccLto tl1e ' c,hi_ir~ ,_', fcif" c;_pmp'e nsation ·, ~r .. tl\e a,11\i:h\p_t a)1d paid:from ,the acctii:len t.famd,,if the.,v·erdict thereof, IS disputed h¥ the, , employer, and . i( a11d )judg111entrbe infav.ohoftthe einploye'r·; , but thei·e • be ; no -dispute,. ,as·, to •- th e right , of:•the· in- if, aga in~t the cm pl oy.er tlie'n- he shall pay,. th<'; jm:ec/ w9rl5111f111 to ,- rec ejve '~o rhp ~l~s~tioi1; ci1'. costs .- .: At ,the conclusion 1of ,the hearing, the a_s to, the ,fl~~o upt: t\1e~~of, -a~1.d :the .claim'. appf!fl,( cour t sha!J.enter an ·ordcr.cpursuant to ·1:he verto be free from collusmn, said Judge shall there'- dict ol the )jui;y,· if a ,jury · be called, and.if ·;nci upoh 1 make an orper directing pay men t ,for such jury be •called, ;the . court .on j11dg e . shall ,render coinpe1faa'ticih tr6m th e ·state i11dustrial acci- a deci ion upon the, facts 1anddaw, 0£ the •case dent fund in accorda!!_ce ,yith the £acts by him pursuant, t o th e prov-isions ·of this chapter; ;ind ascertained and the terms of th is chapter. If niake ' au ord er ,allowi11g" or·, disallowing com• there be 'a dispute, .as. to the rigl:it of said ·in·- pensation, 1as t11e ,law and ,the ;,evidence , may jured ''employe or hi s dep'e1id ent"'fa mily ' t o re- warrant. In an)' proceeding befo re a ·court or ceive compensation, or. as t o the am opnt there- jttd rre as, aforesa'.id , the , court ori , judge shall of, then it shall _be the duty . of said judge to ha ve, authority to appoint. a duly qualifi ed im set the· case down .for a hearing at: 'th e ea rli es t par tial phisiciarr. ,to ·e..'Cami1)e the fin jur.etl·· em P,0Ss~bie ,'.date ahd to ,dire~~ ,rio_ti,ce of such ·]~ea(~ ploye ! and , fg ive testim o11y. '.:The: .fee , for. ::such ing1to ·he issu,ed ..by .the •cle rk of .s aiid cou rt £or se_J:\~ice shall ·· b e•: five · do ll ars ) ($5.00~,,. unless • service .1-!P0n the emp/oyer anc/ th e em ploye at other wi e ordered by the court,· with ·111ileage least seven' (7) .: d_ays 'before ~he 'date fixed for allm-i·a nce,' as , is allowed to ,other ·,w itnes·ses, said he~ring, which sa id ho tice ~hall be ·servecl w hi ch hall !Je t axed as· cos t , an d paid as other by, the· sher:iff of said county without .·expen e witn e s fees are paid. The employer or emto either party, except that his a t:tuaHraveling ploye may, at his owri expenses; also appo int a expenses shall be allowed and taxed, a cos t-. qualified pliysic: an, "'lho may -attend and be The hearing ,sJ1all be cond11cted upon t he sta.te- present at any such examination of an injured n1ent itl\d report . filed by tli e em ployer~ an ~l emplbJ, a nd give testim ony at such hearirig 'or such formal daims as n1ay be presented and i1w estigation. [ L. '15,- c. ·124, § 12; C.. ·S. '20, filed with th,e clerk of th e -clis trict court by or ~.4327. • I '>••'IJ o~ behalf .of tlw",i njurecl w~rk:rn ari'. If ~he -em_-r Th i-s sectio n does not de~y the righ't of i n :~m;l~ye ployer, in /1,is _r,~po,rt qf :the injury,, all eges t ha t tb l:ie rep rc e'n ted by counsel,' in , view o f·· §• 124°128, t~~ injur:y was -~u~ s~lely t9 ~~e c1.;1lp ab~e neg- rela tin g · to fc,es of at torn eys. Za ncane1li v,. Centr!tl lwence of the · 1111ured en1ploye,- or that th e Coal & Coke Co., ·25 Wyo. SJ 1, 173 P. 981. . urt •i11 comp ensa ti on · proceedin g' held, auth orize·cl ctim for ' compensation i one not ·com ing ' o Co sec ure expert tes timony 011 "effect 'o f i11jury, tHougl) within the provisions of thi·s chapter, then a bearing o n ultiina te fact, Sakanidto .v. Kemp1erer Coal ·, -'. .. : jliry may be dem a nded by ei ther party :in~ Co., 36 W yo. 325, 255 P. 356. , · '_ -, R efu sa l to tak e compe nsation ca se fr om jury after the cause 'sha:11 be tried , as a cour.t proceed mg. mplbyer ad mitted t\1 e~e was no ev id ~nse of . w~rkIf a: jury is ,demanded ,· it may be• selected from eman's culpable-. neg)1gel)CC, held, not •· er-ror. In I I'e 1 ' ! ' ·, nam·es drawn from the five mile -limit jury box, Hibler 37 \Vyo. 332, 261• P. 648. • Helr sa)' tes tim ony ·'. of ' dccc_aSCl! i ci!1ploye's: •:vife; as in ci:vil cases ,at an v time in- term ,time :or toi1cerning empl oye's ' statements ' relatmg to ·miury, v:acation unless !a regular j1fry -panel be,1ir\ at- adri, issib le· :\vhcre. no • objection ·was •made ·at . trial. tendance at the court on the I da t~ any St\Ch Ideal Bakery ·v, ·Schryver,, 43 \Vyo. :-' - · ,i 299 . P. 284. ·c ited • in La•Chappelle v. •Uniom P acific ,Coal Co., hear~ng may · osicur, The·· ~aki1~g of _e1 '~~epce shall be suinmary, .giving a -full opportu111ty• tq 29 Wyo. it49, ?14 .P. 5871 a1:1notat~f t,' !1d~r 1§ •1~4-JOL . Cited in Midwest Refinmg .Co. v. George, 41 Vvyo. all parties to de-~;e)op the fa~ts !ully . . Th~. ,of- 55; 281·1'. 10os;a_n n~tate1 ·un_cler § 124-1~0 . • •.•• , :, .... I) , , • I ·.1 , f ,, ' ficial court reporter ·of. ~he . d1stn!=t _court s~a_l! attend the hearing and m_ake a ste11ogr~ph1c : 124-114: ,A ppeal 1t6 supre!Ue 'c;our~- Any report' of the evidence without; ,cost.~ o; -e1t}:ier order given and m'a de·' lti · any investigation ·or 1 party . . ,T h~ court, or j1,1dge : shall' · d1f~/::t th~ hearin·g ·oy _a c;o~t o'r:''Jµdg}, pursµ'~pt: to the county ;,i.nd-prosecutirg atto~riey; Qf: ptl~e,r cp~~ prov_isions ot,this d1apter,· shall, -be rev1_ewab!e peteqt .~ttorney, .app~inted by_,the; cpupt ,:to con:- by the"- state -~UP,rem~ ~ourt p1r proce_e<l111gs 111 _d µct .. the ,ex11mination of 'Y-f~nes~~s o.n ,b~~_alf, o~ error in the '· •m·anner prescribed by the code th~ injm,- ed · woi-kmary, ,an,dl 1t _~h~l! , pe_thr,ru,~Y, .9fc;i½if proc~d'u re ;· ~prq:v}de'i:i.'l~·we;vfi-i that the of said attor_ney , to·; app:eat ~~d pe:fqr ~ .: _sue~ petit10n iri error, bill of exceptions ancj-, rec_ord seryice .w it~ot,1fexpe,f} ~~ ~? e1tper :B~r~y • . '-f,~e cm app~a-1 mus~ ~e. ,fil~d-iin_the 1supf~~~ court empl~yer ma)' _ap,pe,ar 111 , pe_rso.1111 _q r __lp1;..,cot11J~ 7] Within seventy (70) da}'."~J~om, tl:ie ' ~at_e, of deand introduce evidence ,at the _same l;iear~p.g: cfaio.n ,or, O{der_-,op mot109. for .111'!' 1'. · ,tnaL by a No f p~_ts~-~h~ll ' ~e _:tax.ed ,.bY.\ ~~1e ' cl~_r~;,e~ceP,t c'.o urt or' ju:dge; ·tinles~ ~he , ~ime ~be -extended fees .for· witnesses~who ·m ay be suppoenaed aqq hy ·_-_~rqei"_' of-;~?,u~r 'o~.) _u1~eJ;: 1~~d,'."f~ ft en (l~) 7 -ivbo .sh~li .be .allowed th..e;~a~~ fi'~ ;.for -~ttend~ ~ays-: shall.i be ~_a.llp~,•ec'I' :Pl.!:JIJtiff ..m . e.rror: there0 0 0 0 • - • • . J "'~ I ,, ' ~ , • • • j �...... 124-114 2004· WORK-1\1,EN'S . COMPENSATION case on appeaL .ln re K-rivdkapich ,- :41 , •W,yo: 9, •281 p .' - • . ~ '; • 1 :•,:•'. . .• • ' after for · fili11g .brief, and .fifte~11' -(1 ~) :. d~y~ 1-95: ~if part_ie~ . app_~ah.~~ ,ffm11 .,:t.':"a.~? ; of , corn~ thereafter ·shall' ·be ·allowed defendant m en ot' peiiFailm:e sation proceedmgs t.o frle record w1tl11n statutor for filing brief;•?nd •saii:I, app_ea~ shall ,be ;~~; pcnou · " require • d •a·1s m1· s sa'I' ,,, • ., -. . y . • I·d •• ',,,,.r,..,: .', vanced 011•· the ·, calendar and disposed of (:ase . d1smiss_ecl for . failure ,to •p,erf!!Cti ,appeal -111 •.time, promptly : as possible. In case all' appeal to }.farsh v. Aljoe, 4~ V;fyo.;-.-.-. , • r;,·. .r , • ., ,, • • 'Proceedings held, reY.1ew ~bl~ ~Y .•41r1:1;t appeal ' exthe supreme co.nrt Ji s prosecuted ,:011 . b~lrnlf of cept ,vhei-c -altered;. in :view o,f this · section . Marsh V the -injured 'ivorkmnn, the-county and· l?rosec_ut" Aljoe, ·41 Wyo.:H:9, 282 ·P .. 1'05.S." 11 ., :, • .. , " 1·; • .: .: ing attor.ney,' OT other attorney_ reJ?resentmg District court held, _authomzed •,to make Se,co_nµ ex. said workman ·shall order a, transcript ·of the ten sion order fqr · pi'! r.(ec_ting app qal , to ,\>,UPfe?le . co_ur_t; record of• the ' hearin-g ·and .·proceeding to be 1d ht of •c; mp'~nsa tion cfaini a'ryt•'to ''aft~n1ey -,~erie;_ prepared bi the official court reporter of the al's·~~·igservices must •)r,ield ' to ! state 'treasurer's;· right district wherein :said rnjury occurred and duly thereto; when he petit.ibn~,-t~, r1:o~en ca:s·e. ,-Id, , [ . •. . certified without cost to said injured .w orkman, • Supreme court !Ja. ,no J\1,n s,sh pt1 on o! ap_~r.aJ 111 comand said county · and prosecuting _.attorney ?r pen sation j)roceedmgs tal~ en a:ft 1;r ex piration _of ·st~tu: period, ther efo re w1t'h out ord r extc1)d111g -tune: other attorney shall · order tl1e papers on file fory In re C0 ntas -42 \ ¥yo. 59, 289: P .· !368. • . : :1 ,,. • in tlie ·office of 1:he clerk: of <the di strict court Gepoi:a.l ,t dn _11i, of, comper;isa tio1_ la., \'., fixin~ t\~1e for to .be. b;y said cierk. prepared, tran scripted; certi- fil(l1!;:r ,rcc.ord f!)l ap,peal,, w ei;~ -applfcr f2,lc; to fi l_mp .f,eC~rd fied ancr forwarded to 1:he d erk ·of the snpreme in .compe nsatio n d ses und er sub s~·quent'ly created ap, court; without cost. ·to the inj t~ recl :workman, pella tc pr'ocecl itr e. In re •Co1_H as, 42, \ ,Vyd. '94, ,291 · •P: ,. . .'.-' . , . ; ; ' ,,; • ; ";and ·the ::pr.oceeclings·, in the supreme court; 31'4.To ent itle ·reco rd-on app~al to, be, ~lqd ,yi\ hiu_st<}tutshall be conducted on .behalf of ·the injured ory _peri od, docket fees m ust be p a.iq to c;Jerk }")th\n workman by the attorney g eneral of the state tim e allowed. 'Ia. • . •• Ap pellai'1 t 112s ·duty of -c'e ing that ·his r.e~ord 'on apas part of his offie:ial 'cluties, and- by any other attorney .representing said workman. ; b1 ·case p_ca•l is fo n va-r ded -to s uprem e -cour t a r eqmred-by..law. • an appeal be. prosecuted ·on beh al:f .of tl1e em- Id. ployer; the· record of. the proce~clings at the 124-115. Court order recor d~d---'cbpi~s ·to original ·hearing ·shall be· supplied without cost auditor and treasurer. E v ery order given''aild to .such em;ployer, but such employer may em- mad e by a dis trict· co urt o'r judge 1cl}Varding ploy counsel to conduct such app ea l on h'is' be- paym ent. 'fro1~1 th.e industr_ip:l . acc iclent .'h1i1/f'to half. The court-granting .ap appeal:,to an em- ·an injured employe or his _i _d erend_ynt •fa1:1ily, ployer f~·om ai1'order of award shall stay, until shall be 'e n terecl of record bi' fli e ·cle'l'k ·.of the the appear is finally determi11ed, the _paynie'n t of said a,var_ g or that portion- th,creof appealed co~rt where g iven a;1d tnie copies',th e'r~Jofih'ati from upon s.uch .terms as may to the cqurt seem be ·imm ediately m ade and ce~.ti fi t c!'.l?y' ,s~i~( c1~r:k just and proper. [L. '31, c. 73, § ,59, amending and forward ed . to th e s tate. : c1;ucl,it?r anq ,;~t,~te treasurer, respectively , .of )Nyop1i~1g, ,1<nd shaH L. '25, C. 124, § 2; C. S: 120; § 4328. · · Law permit~ing retention of fees_· by reporter for be by each,0£ said :of£.icers , ~nter~d.rupp1]; ,iJ. ,Tf:~transcripts held, not to repeal law requiring tr-anscripts orcl to be known as .1the . compensati<im -docket, in compensation cases to he f-urriished ,without cost to and shall be· the a:uthoricy: and .d~1,eotion :oi the parties. In i;e Winborne, 34 ,Yvyo _- 349, 244 P. 135. Cost of transcript, in appeal under , this chapter, not ·s tate ,audito1° to issue "\ValTants ,for compensacontingent expense payable out of industrial accident tion aw'a rds · against . the •in-dust-iia1l accident fund, nor from interest earned by said fund . , .. Jutlg111ent 'on substantial evidence in compensation fund, arid for . the : stat~ frea·s ure·1: t0' pay ':s1.1'ch com·p_ensation a,1a·rds·· £~0111 ·sa:id 'ft{1i._d.' ,[ L. :'15, case •is conclusive. Mc1fahon v~ Midw.e st Refining co· 36 Wyo. 90, 252 ·P. 1027. . , ' , • ' • ., C. 124 § 14· :c S ' '?O -§ 43?9 .. ·r. · •• • 0 \¥here petitioiLin -error and record :ii ,coh1pensati6n case were no_t filed _wi~hi~ !ime limited, the . supreme court w_a·s .. w1thou.t . Junsd1ct:Jon. ' .Reitsma ii'. ·Standard Oil Co., 37 Wyo. 471,263 P. 619 • • 1vfot~on. for re,y tr'ial, un_der ·I~is se~tlon, :i'nust be filed withm ·10 days .fr?m fina~ order, and, where not so -~led! error proce~dmgs •i:nust be• 'dismissed where motion,· for a .new trial was •necessary . . Standard Oil Co. v. Bm;:hanan, 39 Wyo~.372,.271.P. 876. • . • Pro~edure· <.m '.1PPeal in_ (?rdinary_ c_ivil ,c11ses applies to c~s~s : under cqmpe!1sat1on r,ct; except ·as othefwise provided. ' Id. • • : • •• • • • • •• Assi~nme_n,t ~f- er~or : in motion for ·neiv trial not 11rge1 ,m ,br.1ef 1s waL\"ed_. Ideal ,}:31\ker:i, ,v . . Sc~r:n-:er, 43 v\ yo.-, 299 P .. 284. . . Unless_ an .· appeill. from an ·order, in'. procedings uniler .th.is chapt~r,.1s :perfected : by.· fiJing tecord: in snprei:ne co~rt ·}v1thm, 30 days thereafter;- as ..required !>Y this sec~_10111 .oi:-a~ .ei:-_tend~d by prder -0£ court br Judge, the supreme · court: has no jurisdiction' of 'the . , Git~d in {~ C~a} p:il~ ~- ·u~i~~ •1r,a~ifi~ t6iii ' Co,; 29 Wyo. 449, 21~ P . .587, annotat'ed tii1tler' fi24-101_. - J I 1 : • J • ( 1. 1' ! !2~11-'6. _In~ustr'ial · a·c ci'dent fuhd-Appro• pnat1on. There is ·hereby •cr-e·ated a: 'fimd-to b~ known as the "industrial a·c ciaent•fttnd •• which shall •~!~ ·r~~d bf _'t~e .state treasurer .and :w him dep~st~e.d m . Sttf::h . banks 'els ' are· aut:horize.d ·to rec~ive ?~pas.its 9f'tl;e furl.els of'th~ ~t:id:e .. • The treasu:er..in 11;akii1g :said'.depos'i'ts ' shall divide t~1 e said 1qd_ust,rial accidei1t 'fund ihtb tw'o distmc_t,,f,unds,. on~. ~o b.e ' b10,~'.1{ 'as tie '·clg~ner~I fund and the othe ''·t '·h ·' 1F' '' · •u·. :t·h "re· serve · f d ·,, · •h ;, .~ ., _e f\01VA:<!-S . . e. • un • ... ~ general furid" · as ·near a~ 11.1ay · b~, s~all : be us~d for piym'f ot - of , all. awaTcls, claims ancf' 1tems•: of •e¼>en's e· ·charge· ! . �WORiKMEN'S.. COMPENSATION aQle_, agah1sl:; th__e 1in.dust1iial accia.e nt fund and • d" , , ·~ny • t I1e· " _reser.ve •,i,(11i •. ·sJ1-al) not ,be. tJsed· for of said payments -unless the "general fund" at t\le .ti111e is · insufficient to· meet the dea1ands upo_n it; i'n wl~ich case the treasurer shall trans- · fer from· -the I ''.reserve fu'.n d" to the• "CTeneral fU11d"' a sufficien't ·amolt11t to meet th'e· i~1medfate demands · i.i_pon saicl "general ftn;d.' 1 Th~ purpos'e ; or- creating ·said "rese·rve fu,n d" is, to pro.vi_de a fund \\iithin the industrial accide'n t f\md ;si.1Hjcien ti)'. la_rg~ to . pay· great anc\ unusual demands upon the judustrial accident f_1;U,1q which m_.ight b·e caused by a large di sas~er or ;bY,, Syvera) such d,is_asters occurr.ing, within a-, short .time, ctnd the " reserve fond' ' shall be k,ept, <!p.ar.t ifro.m ·the "general fund-,'' and as near as may be unused in acco rd ance with: said purpose. The- state -tre:1sure1, shall set a icle in the· "11eserve ' fund" at the ,· end of each month t,y~nty-~ve ·Qer- cent, (2So/,~) ofi all money received· i11 the'' industrial accident fund durinrr· t • • 0 said month in excess of the· amount expended, the balaiice- of moneys · so receiv ed ·to be used in the "general fund .'' Th'ree-foui-th s of the "reserve fund ·' ' shall be -as 11ear as may be kept invested in -United States government bond·s. state, county; school district or · municipal bontl's: A'll ·moneys Teceived by the state treas-. urer under Hie 'provi sions· oI this chapter shal l beconre a part of the industrial accident fi.mcl. All fees oi- mile.a ge of witne ses, jurors and J'>hysicians adjtidged to be paid from the accident fuud_in ar1.y court proceeding under thi s chapter, and · all con tiugent , expenses incurred in preparing f9r . and in .the admini stration of this chapter shall be paid from the industrial accident fund on proper Youchers and warrants. .[L: -'·31, c. 73, § 60, amending L. '21, C. 65, § 1; 8. ·s. '20, § 4330. · 124-117 compLlted a1id paid. Each employer shall continue. to _make p10nthly contributions as above pro.vided unless his account, after making the hereinafter peciLl.edr,. deduct'ions.·; therefro.fn, shall eq ual full two per cent .' ('2%) of 1his. ann·ual payroll com.puted ,by; multiplying his curcent month's payroll of, w6rk111en engaged in extra-hazardous employ1ue·n t(1by twelve and sh.all likewise be. n.ot less• tha.n three thousand dollars ($3,000,00) ,; provideµ ;-. howev er, that any employer . ·wliose accouJ.1t is overdrawn hall be req uired to pay h1P1iJ hly a sum of mon ey (including. the payments as above specif-ied ) eq ual to ,four pei: ceut. (4%) of the money earned by . each, .of his employes engaged in s tich extra-haza;·dous employment during each calendar n,0)1th of_such emp loy ment until Stlch.• overclra£t shall ,be paid. Such emp loyer hall n.0t be co1)1pe)Jed to co ntribute when hi s co ntribt160ns i11 the fond , after makirig ded ucti ons· as afor·esaid,.shall equal two per ce_nt. (2%) of his .a11ni1al par-ro ll, and shall likewise be not less · fhan t hree t housa nd dollars ($3,00,0.00) . In adcliton to t i1e dth er' paynJen,ts required by t hi s ection to be paid into the indtJstrial accident fund, every employer engaged in any of th e occupation s herei1\ defin ed a extra-hazardou . sh'a ll , pl_ake p_a1yJ1; e,ht to, be k'.now,n as a ''s'e n;ice and polici11 g cl1arge." S11d1-. ·_servic_e an,d pojicing charge ·sb,all be paid :by the· em~. player into the sta~e t;easpry fo·r th~ _Qe~efit of the industrial accident fund apd_sh;i.11: npt be credited· to the balance of the employer _contributing. The amount of balance in. the indus,trial accident fund· to . the em'ployer's credit shall not relieve him of his duty and liability to pay the service and policiiig' -charge; ·pro_Yicled, however, that no employer who pays for any calen.dar f!l0i1th · four per · cerit. of the moneys eari1e,d : by each bf · his e\nployes :en-· "Contingent expenses" paya,bl~ otJt of intlu's.tri~l accident ·fm)tl, · refers_only to expenses in administration gaged ·:in such e>;:tra-hazaraous' einpl'oyment· of state departinents,. does not i1iclude cost ?f• tran- during stich ·calendar ,month sliir1f be'.compelled script' in appeal· under this chapter. In re \Vmborne, to pay a 'servic~ arid J?Oli~ll)g ch,-!rge for sucl~ 34 Wyo. 3;49;· 244 P. •135. · • . month. • • ' ' ' ~ ' '' : ':! • • The _· servic_ e ~nr;l-; pol, i cjrg ,charge_ shall be 124.-117. E.IIJploy~rs.' ass~ssll}.en.ts. Every comp\tt~d on-the monthly pi:emiurn-paid ,b.y the employer engaged in -any of the . occupations herein•defined as· extra-hazai:dous, is hereby re- individual en~ployer: into :the state ti;easury for quired to pay int0; the staite treasury for th~ the benefit· of tlie rnctustrial accident fund- durbenefit of the ·industrial accident fund. a sum of ing ea:ch calendar 'mbnth, or on 'the premi'um' money equal to , one and one-half per cen_t. which: the employer ·wqtild have be~n: ) :equ.ired, (1¼%) of the ,money , earned by each · of , his to pay had ·not' 'the _am0U)lt .. bf the ·employer's •relieved hiin. froth the pay-men( of. a en1ployes· engaged•in such extra:0 _h azafdous em- bala1ice •' ' • • • • ' r, ' . ployment dur-ing•:e ach ca_lendar· 11'\onth of such prenuum. . en:iP,loyment. ' Such' paymen_t shaU _be ·so made ' , .The a~161;11t , ot the s~r~ice an·d . policing on or before the· 15.th day" .of the ~onth follow- cha_rge _s4.all b~ ~et~rn;i_in~d according ~o th.e-.foling the 1~9~lth ·for ·__which such 'paymen~s· are lov,'.i1)g -sched~}e ::_·· -.. _· .. ·: _. . . , •• ,·. a I I • • :.) , ' , • I' / �2006 NSATIG~ WOR:KMENJS '<i:O-"i\11--PE • . . . I .. , , . • em loyes, and rto the.le~d .that each Service and•., c1den.t5.e~o shafl , compehsate all ·:mJunes -to· the • ·'' policing d~arge: em1~1•0 ) • iof .such'. eniployen 1and · ~ot':1ihose of " •• ; . for month 1• • worldnen Loy· er.s th e.. -s tate treasurer.- shalLkeep !~ ,~ • other, emp • ' ' I nJ 5 • . a!'ate .accoun,t, for eac 1 em!:' pyer so ~on-. "\Vhei·e the mot1thly. payment ,1 ~ ::.. .-...'. $ ,l.10 Less· than $ .. 10.00 ..i . .. ... _, ••• •• ••• . 2.20 ~ iGcJtin tp said fung and. shall ch,irge again.st • ·• g t. • ·f eac1 employ;er all ,varrants paid I I i • 10.01 to $ I• 20.00 ••• ~•·:. •;"',, : 3.30 tr tJH: acc.oun 0 , •· . 1 •. ' ·' . • ... ' :; 20.01· t o • 30 .00 ......... ••. 4 40 . 't!1e· industnal accident fund •. I • . i .• fiom , • · • • t 1 30.01 to 40.00 ...... :.... • .' 5·50 (a) •:.{\s ·~n_yar1s)or i111Jtmes o ~lf P qyes pf: I , • 40.01 to 50.00......... .. .6.60 ~{,ch •employer; ,: 1· 1 , . • , : • • 50.01 to ·60.00 .. ..··· ····• 7.70 ' h) I • payrrient of medical a,n 1 •,~).trg1cal 60.01 to 70.00 ...... .:. ~:. . , 8.80 • l cl 1· . na,1"d 'medl'cai' or hosoit fu.l'lattendance·of upp ,es c . , . • ,t . . . ., ., 70.01 to 80.00 ........ ,... ·oo s~n e'i\1ploye o f .s uth e~1 l?lof et ? • • ,- : , !. . . 9 80.Ql to 90.00 ........ ,... ·: . • • (c) fo pdy n:ent for 111vc~t1g at,1?ns of ac;r50 9·so 90.01 to . 100.00 ... ,....... . uch- ·e'm ploy er, or ll.1 payment of m s 1 13 c en t s Of S . . •• f 1• 1 ·• 100 01 to • 150.00 ... :.. ...... • • ,·es tio-ations ~£ accid:n ts . o s uc.1. ~ml?. oy~r, ~r 1so:01 to 200.00 ...... ······ 13.oo. • "',men t' ~ iti\'est1ga t1. ons 'of mJunes 1 toj his 0 , .. .. ?QQ 01 to 300.00 ....... :.:.. 24 -00 • 111 pa~ . r •J ' r . -300•01 to J r . 400 00.•···... ·· ·· 30 •00 •.employes; (cl) In payment. of w1t n~ss fees m cases 400:01 to ,500:00,........... 35 .o~ wherein an order of award JS gr ante~ to the 4 • •500.01 t o 750.00.. ........ .. 6~-~o employ e of. su<::~1 employer .. [L. 31, c, 94, §,.3'. , ... . 750 01 to 1 000.00 ......... .,. · 1 •' • • ' · 8? so amending L. '21, c. 11_1 • § 2 , L . . 25, ~- 1;24, § 3, 1.,000.01 to 1,500.00...... .... .. • - ·oo L. '23, c. 60, s 7,; . C. S. ;zo, §. 433\. 1.,..,::;oo•01 •to 2' 000.00.:.......... lO0. l?0 00 ' Ci;e<l In re Winborne, 34 Wyo. 3491 244 P. 135, anto 3' 000.00.••· ··· ··· ·· 14000 - • -? ,000 •01 notated und er .§ 124-114. ' ,• · : ·• · 3 000 01 to 4 000.00.... ..... .. . · .... ... ... 150 •00 4· '000 •0 1 to 51' 000.00.. Filing of payrolls with state treas1 124~118. ' • ' ·175.00 Ovei: ,5,000.00 _. ... ... ... ....• ···· ····.. ········;· . . urer. It shall ·be tl~e luty of each 1employer to Provided~however; 'iii th at the· expe'.1~e p f !he forward to th e tate treasur er , on a blank fp~m administration of thi s chapter and of making provid e,d by said state t.rea~ uxer, fl. true ~PPY' th e collection s herein . fix ed , is g reater as to of his .pay ro ll o f i)e1;so ns 111 hi s emp\?Y engag~4 non-resident '. employers· engaged in ex~ra-h~z- in extra-ha zardqu ~mploy m ent d~nng, t.he.,c_ur-, ardous occup.ations, than such exp.e1:ise ,o~~an:is rent calet~dar .n:onth , sworn to eith er by hlf~to such ernployers bona ~ide d?m 1c1l~d w!t!1m self or tl1e perso1J hav ing know~edg~. of . s~1~l the state of vVyoming, the service. and J?O~ICl11g payrolls. E ach emp~oy e.r, , unless' o~?erw1se charge, upon the monthly prem~um · paid by ~upp) icd. ,vith, the last ab.ove blap~ '~?rm~; shall non-resident employers engaged 111 extra-haz- seasonab ly apply to said . state . treasurer f?r ardous occupations, shall be dou?l e the fo~ego- the same; and any e.mployer who shal_l' fail, ing schedule, '.3-S th~ same apphes to resident neo-lect or refuse t o funii sh such true ' copy of employers eng~ged m extra-hazardous occupa- hi ; pay roll of persons ih . hi s , em ploy! or. shall tions. .. . r;efu se • to •make· t he monthly prem1qm . payThe term "non-resident" em players .ot extra- ments as provided by tHe t!;!rms of this .chapter hazardous occu'pations, in this connection,.shall when they become due, and against ""..h~m a_n be construed as .an employer pf lab.o r engaged awarq 1s·.made; to .any ,njtired ·'Y~rkm.a,f1_:m his in extra-hazardous occupations, who for the employ, ~hall be persona.Hy liap\e t<? · the st~tt; previous twel!•e months has not ,bee1_1 a con- of Wyoming, fo i: the use and benefit of th~ 1~tiriuous contributor to the compensation · f~nd , clustrial accident fund, to be ,retovered . by. smt as in this chapter provided, and who has not brought by the state on the -rel.atio,n of th~ st~te been 'bona 'fide doniiciled, in; or ·a resi'dent of treasurer, ;in· a1·surrf ·-equal .-t o 'such award- ~r the state ·of Wyoming continuously for the pre- a\varcls ..as· ·are ' entered for 1 payment _from _tlie, ceding twelve months next prior·t,o engaging in workmen's ·comperisatidn fond of the state of· the business of an "employer' of:labor·in. extra~ Wyoming.' -The entry ·of, final or.der· by the hazardous occupation." .Wh~IJ.· any .SUGh . em-· judge of. ·district ' ciourt" ·having• jurisdiction of player, shall ,co11tribute _to sai~ fond '.1-s requir.e<). s1.'!ch ·cause ·approving ,and ,allowing an award by this c.h apter, f?r twelv,e CQ!'.secuttve. months_ immediately prior to the ·c?mmencemen~ ,~ithin • of c~mpensati~h ·shall· be prima .facie proof of this state c:if the occupation, the reqmrement, th_e habi!jty of an employer .so ·faj_ling to co1;1ply, to pay double the service and polic~ charg"e with this =provis~on of th~s chaptei:; . P,roy1de?, shall cease. • •• . that ijot;i~resi~eJ;J.,t ~tpploy_~rs,i upon e~ga~mg ~n any ex.tra-ha:?i~rd9.us oc~up~tion as defined in For .the purpose of ericouraging care on the t~~~ c~apt<:r, a.nd. having in ·their employ. work-; part of the employers and thus decr'e asing ac-· ni e•n perform'i ng ·such'. ··extra-hazardous i.vork, I 124-111. '1 ' ; I • • I • '.' 1 • 1 • 1 a �WORKMENIS :COMPENSA>I'ION I 124-126 • shall ; be · deett!ed • front the •elate bf · the com- · men , who·· nfay,• die ·as tlil 1resuit -• of · stich inmeii.cementr. of s'\.'fch;.,vork, to· have •designated .' jtiries, except--in -case of ;ii'ijurie·s clu·e ··solelf ,ffo the :secretary, o f state of:the 1state of vVyoming the culpable neg ligence of such injured Jem 1 •' tfreir • agent· fori 5etv•i ce of '. any • process upon , ploye, shall receive out of 'the industrial· !tcti~' tI-iem :i11 ·al1.y, action prosecuted hereinundet; cletit fund , compensation·-• in·: dcc6rclance witl1 ' and , fui,ther, hprovided; that• the secretary . of: the followin g isch'edtile; ancl :such payment shall 1 state, · upori •the, receipt of • ariy process· shall ·· be in lieu of and talc'e the· place of any and aU ·! send the saine '.b y registered inail to the address ·· ri g hts :of action against. any employ'e r • ·c onof the' addressee only, and •shall· request th at a·• tributing, as req uired lbyt!this ·c hapter, t o .. tHe return· receipt .·for same ! be ·,furni shed. The industrial acciden_t ifun.d ;in 'favor rof ·any person ' pro\Hsions' of. this· sect'.ion 1 shall i10t modify .any . or persons by reason of Jariy,,such injuriesi•or'. • other' provisions of this 'c hapter, but shall ·be death . •. · :. : • ",, •• ,,,, rf--w "' ·' ,. . . •: •• deemed to ·be in addition thereto. • (a ) . "Perinan ed t '. pa1\ ial·1,clisability'.' ineahs·.. :It·shail flll'th b ·' be -the duty of each eniployer the loss of either .one ·foot, Jon·e leg, ·one hand., ·: heretofor~ ,ni.en'tionecl to notify the state treas~ one ai·m , oh e eye, ·or the Js1g ht'tot one· _eye, one • urer •in ·the 'e,teht' tlhiH1e ,l1as ceased to ·employ or · more fingers-,'-one or more toes, a nd dislocaworUtnen _in:·occupation·i; ·of •an •extra-hazardous ti on •wh ere• the ligalne11ti lare ,severed;. or any:: natuire: :a:s ·idefitied •by 1th is chapter, An y 'fa ilu re • other injury kno,'\'T nito ·sui:g ePy to be pernianent • of ·;any such , erhployer to file ,vith said state partial dis abi lity>. Fo1' any J? ef manent: -partial • tr:easuver ·a••copy · ofi his payroll as lierein pro- cl isabi lity: herei'nafteh .specifically described, 1·e- • vided, •sha'll 1be .a n1isdemeanor; and ·any wilfully · sulting from an.:inJiiry; tthe workman shall' re- ,: false ·statement 'in atiy ,affidav it made as herein ceive a lump·.sum!as follow s : • • •, • 1 , , •. •I prov'ide<l . =shall , likewise constitute• a• misde- F or th e loss cJf a t huinb 'ii..l, ....... '.. :.. :.:.r.. •.$ 337.50 •, me111or, and-· any 'misd ei-frean01' , committed in F or the 1oss of· a first finger ..... ,.. :...,... .. ... 300,00 violation of thi s section shall be punishabl e by _ F or the loss of a second fin g er ........ .. .. .. '· 225.00 ., a fine ·of not .n;ore -thai1 •.five htinclred ·c1oll ars 1 For-th e .loss of a .thi1:d finger .......... ":..•. -225.00, ($500.00). f~: '29,' c. ' H9/ §·1,: ame11di1ig L. 127, F-or ·the loss :of ·a fo urth fi ng er." .... '.. ,.. :.. 225.00 . F r, tH e' loss •of a pc1lm (metacarpal • ..• c.' 111,§.3; L.'2~/'.c!·60,·~.8;• C . . •'~0,§ 4332. ~ ~ I •t ~ bo ne) ', .. 'i. .... .....·.. ;.,'! ......: .. :.. 1.... , ..1.... :.... , .. : , 900.00 .: 124-J19: ,Inspectoros-F:ailpre to pay ;:i.ssess- Fo r .th e 'loss 'of a hand• .. /. .......:.... .. .... .. ·1,500.00 : ment-Penalty. The slate treasurer is author- For the loss b_f ah arn1' at ot below · ' .~ ·~n ized .a11d , empo,vered, for the p,m:pose • of enelb ow ,... : .. :. .: .. .... :.... ... i.: . .. , . ! .. !.. :..c .. .... .. 1,800.00 ,: for.c ing ,the , pi•ov i.-sio!1s of thi s c.hapter, to . ap- For t he .loss of a'fr 'a nu, abo,r.eielbow .... i2,000.00 ppint two' inspec;\oi;s, ·the salar_1es - and -act\tal For an ky-lo is (total•. stiffness·, of)· or ··COnJ ,r an<l uecessary ; traYeling expenses •of suc.h m- tracture~ ( clue ·to scar.s :or ,injuries) 'Whicn 'rnake spectors- to l;>e pa;icl. out of the' industrial acci- t he finge1·s mo·re tha11+ lfsel'ess, the same , <le'n t fund: ·Jn. case any employer engaged, i11 amounts apply ··to:.such finger· or . fin-g·ers (not ·, atJY. ·~xtr:a..:hazard·o us busi ness or industry, as thumb1 as given ~bcive: :: i ,...,: ·.·,., ,, ••. •1 • defined:·by . thj_s ch.apter, shall fail or refuse to The-loss of a third- or 'clistal: phalange ·of '~he ' pay; th,e assessment upon \1i s current monthly thumb shall ·-be co11siderecl ' to be equal to the ' payroll,,a,s-;is req,u ired by this chapte r, he shall loss·of one-half of such t1mmb; -the lbss of t'he ; be guilty of a misdemeanor ,and .s~all b'e pun~ more than ' oneJhalf 8f ·such ·thumb 'shall" be ,. ishecl by a fine of not more than five hundred considered to be equal'to. the loss. 9£ the 'whole dollars . ($5QO.OO) : aqcl in addition , to the sa\d thumb. • • . ,.-' • . ··!• - • •• '· ,' fine it shall be the duty of,the.attomey general . The loss of. a third .or ,clis'fal •phalange of'.'c!:ny 'of this . state to .immediately bring suit in · the fii1ger .. shaH be coi1siclet:e<l ·ta: be· equ~l' to the"' name ~£,th~ .state ,for the benefit of the in~us- , loss of twb: thirc!l o,f•·such' finger: r - :· ,· • . I .. I trial act.i<le11~ ,fond; ,against such empl.ayer,_for, . 'The loss of· iri6re ,than;: the rniddle and' 'distal tl).e •collecti.0n , of · such , assessment, and 1£ a pli~langes C?f ·a•n·y fi1?-ger : sh~lF ~e ·co_nsidere~ to judgnJent for. the r:e.coyery of said assessment • be ' equal to the loss 'of' t:he whole .firig'er; pro- · 1 he giv~n. in ,fav:or, qf 1the 1 stat~ .for .,t h.e use, a1;tl vided '" however, • tn4t' 'ii1 i10 cast! '' sl'ia.11 Hie I benefit of·,, tlw jnd.usti:iaJ .a ccident fund, said • airfoti~t received for more than one:finger, exjudgm_e1}t . shalt' b\! ·.for, do;ub!e th~ amount -of • ceed the amount' in this · sch'ecli1le for the loss the . payrol~, c!;S~es~~n~_nt , p,rov1qed m §, 124-1,1?,. of a hand. • • .. ., • , . ,· . . .· toa.ether with costs. [L.- 27, c. 111, § 4, amend- For the l'oss .of 'a -great t!:Je ·.'..... ::....'.:....,.:.. .. $2Dq.00 in;'L. '23,' •c. 1!60;' ..- §.9 '; I C.. S.,'2QJ . § 4333. For the loss.. of one of tlie toes o·~her ' ; - • I • ,• . , .•; •• than great toe ·.... ,<.... ,.'. :.:..... ::.... J .::...... .. : 150.9()·. 124-120. ,' Comperisatlon s~hedule.· Each e1n:: The loss of··mo're •than 'two-thirds .o~ a'.n)' toe • ploye; who ·shall be fojur~d in anf of th_e ext~ashall Jje considered· equal' to·· the loss · of ' the hazardous -employments as here1!1 _defmed, or ' whole toe •.;.. r.. ; ;; : ; ' r • ' tlie dependent family of,any,such mJured workj . - ' . • • , I • ' : • , • • I l • -. ' • , •' • • i 1. J .. , • f : ., , ' ' �WOR~<MEN1S COMPENSATION I 20.08 . shall• have, p.ower; ?-t any tim¢ 9udng_ said pe\·Th~. loss _of less, than t,wo,thir~s: of any t~ ~ ' iod, upon applica.t10n and h~armg1 with notice 1 sb~ll 11e c<;msidei;-ed, eq4al, to t4e loss of one-h to tbe emplo;yer, ,wd a showmg-of th_e necess.1ty of th,e tq~t •. . . ' tJ1erefor, t,o order all ·or cllJYr p~st-of the__u~paid For the loss of a foo.t ., .. ..- ... .. ........ •.... ...... $1,- •. , balance of tl;.e awaxd· t,0 ·19e p.a.l~,, to th.e m~u.red· For t·l1e loss of a leg below the ~nee .... 1,500,00 \.\'@ rkm<Jn as a hu;1? p s.w)1_; pr.(i)y.td(jd.-_t_ha,t \( the Fqr1tbe loss o_f a leg, above the knee .:.. 1,800.00 ' w,Q;;}onan sha~l che_• leav~l~g ~Jl. ttnpatd lvalcin_ce F.o r 1;he loss: of an eye or the..sight • '· ,• of tbe· a\\ <_1,rd, the'n: s.u cb u11-pa1.~ bala\1c.e sh;all,b(! thereof . ...... :.. ,.... ..... ..... ...... .. ....... , ... .. .... .. 1,800.00 r~turn,ecl, to. •~h_e, ind.us t.ria.t ~~~1dent fun.cl. a:11.d be , •For, any other injurx .know11; to sui;gery to • ci;edited., t,o, .the ·emJD loy.e r; s bnJance. If, the. be permanent partial disability, the worl~mar. • woxkman snffei;in_g ·.si1ch_, pet7tJ1.a.Ren.~ total disshall receive a sum in the amount proport10nal abili tiy: have · a hO)'i 011 boys, t~u,de~ s_1xtee.ti; (Hi) . to the extent of sttch permanent partial. cUs- years of age, o;: girts: .u ¼1.cLer· e1gh~_een. :( 18): ye_arir ability based as near as m~y be upon the foreof age, the g,u~rd.\al1 of s1,tch_.child o.r Ql;uldr~u, o-oino- schedule but iri ever,y such case the ~1110~1,t allO\{,eci for; the• injur,y shall be paid in appoi•n,te~J as hecev1a~te,r p.r~v,1de~l, shall--r.ece1,,~e monthly, i)1stallments at th e rate of fifty dol- fo r the use ancl be!Jef.~t.of said cht)d or ch1ldre1J; lars ($50.00) per month_if th.e workman be un - a li1111p tp]l of OtJ ~ l1tlt1:dred aJ1d , twe1:1ity, ~ollars • m.arrj_ed a_t the time 06 the injuFy, and at the ($i°20.Q0) p.e r y~c.lt;: ~o r .ea.ch boy, • lll1.<le,r s1xtee;i rate of-sixty dollars ($60.00) p.er month. if the ( l_(j)._ y~a.i;s 1.1rittL t_he. t11;n e w hen; ea.ch .of ::\aid w.orkman has a wife with ·whom he is living' at bo,ys )1al·l bec;qme:-.s~.-teen ' (16) y eaIJs of age, , the tih1e of the. i_n jury_; prov.ided, h_o we.,rer, that and; a : lum p sum- of 0~1e hun,di;ed a:n1 twen.ty, the court making su.c h aw<J.i:d_shall retai n j,uri s- dollars ($120.QQ) per' year-, for e:ach girl unde_r diction oLthe same until said a.ward shalUiave eigh tee1:i (18.) )re,\1:s· of age .tln til th.e -tim.e w.hen b~en. fully paid, wi.tl}: .poy;.eb to modify or each or said girls sh;:i.11 beco,me, l'!Jghteen ~is). change. the amount of the a.ward to conform years of age; provided, . that the ag~regate to any- change in the cot:1dition of the injured lump pai d t o said gua_rdiqn s h<1,J)i .in no ca.s e ex- , workman, and sha_ll· ha..ve power at any time ce~d fo ur thousand 9011,a rs• ($4,0.00.00), and. any- . during said period, upon application and hear- ' and all a ,".ards mad e on acc_o pnt of a1Jy s'-'ch. ing, with notice to the employer, and. a show- child or chi ld ren, ha!!' be disbursed under a ing of the necessity therc:£01', -to order all oi:.any proper guai,dians hip ·to be crea.t~d :by the court part of the unpaid bala.nce of t_he award to be . or .judge. niaking s uch award. (c) "Tempo1jary: t otal disa~ility" means an pai_d· to.the injured workman as a lump sum : · (b) "Permanent total: disability" means the injury "hich, though it• ma:)' res ult or does r-eloss.. of·. both . legs or both ar.ms, total loss of su-lt in a pe'rma-nent total or part;i'al disability, , eyesight,- paraly,sis ·or othei: conditions penri_a:-, tem:po'rarily incapa<;itates, the injured: person nentl)~ incapa.c ita.ti1)g t:he workman f_rqm pe~- froi11 performing any ,vork .atl any gainfol occuforming any " ~ork at• any gainfu) occup~tioo. pation•for the time, but from •W•h-i ch :injury sti~h ·where there has been a pr.ev.ip us disab ility, a:=.: person may recover by 'ntedical or. ·surgical th,~ loss of one eye, or t)J~ sight, thereof, one treatment 1 and, be able ·to. resum·e. ·work. , In hand, one foot, or any. other, prevjous p~rma- such case, if the workman be unmarried ·at the nent- d.i sability, tlJe perc~n.t,<lg.e of· cjisabilit){· fpr; • time ' of. the injury, he. sball 1 rcic'e ive the -sum, of a s,u qsequent injury, sha,1-1 be de.termin~d by fi~ty dollars ($50.00) per- mo11th; ·s o long as the- ' ded].!!=t.ing, tJ1!!teft;o111, the: pei:c~ntage of · the total disability shall- 'continue. , If; , he have;•a, previous disability, as it existed at the tin1_e ,of· '"ife \v-ith whom he -is living.• at the .tim·e of, the the-suJJse_qu~r~t injury,. \IVhen permanent total injury, he shall- receh;e sixtj d·ollai:s • ($60.00)' disability results from t!Je i_11jupy .the, workman · per, m·0.nth; and · if he' _have, ~oys under sixteen shall receive the . su1n of..four t_h ous 4 qd . dolla.rs (16) years. of. age• or- girils mider ·eighteen, (18} • ($4,Q00.QQ), b,u½' in ev.ery sµch cas.e the amo.u nt • years •. of age, ·or -both 1he: shaU:,r.etei've·-for• each-· allqweq. for the injurjr shaU: 1,re paid in monthly; se:ve-n and; on~:ha-lf. dollars•. ($1:S0}'•per: in0nth, insta,llm.ents. 4 t the rate of: (i(ty: ,dQllar!'\ .(~5.0.00) but· th~·- total monthly. payments shall not -~per-month if the w,orkman,b.e Uru'flarried;at the c~ed • mnety doll_at-s. ·($.99100~ · per month. :No tim~ qf1 tli!! injµry, a~d ..41:, the. ra;t.:: o~ sixty dol- comp~nsatton,, _exc~J?t t,lfo,•~ipens_e •o{ medical lars ($60.00) per fi?.OtJt!J., if the work.m.aµ , lrn,s a!ten-ttc;n~, sha-Jl 'be _a-llowed' •for -tli.e first seven a wife with whom he is livii1g at the tiine of the injury; provided, .ho"'fe,,.er,, that tl1,e .cqu 1t , (I) ~ays of dl~abilit:y.,~ui&_s s· the in~apacity. ·exteucls _beyo~1d th~;.. period. 'of' tw.~ nty-'cme (21) making such .a.wa,rd shaH r,etajn, jurisdirtio~ .qf days, 111 which case the compensation shall' run t11t· saJlle until . sa,id awards slrnll hqye been fr_om) .~h_e tim,!:l , o,L.,the .iIJ.jur-y . . As. ·soonr as re· fully paid, with,-pow.er tq m.odi£-y or: change tqe cover -· • ' · - •· .. - · • Y. is.,so . con1pl~te, thqt the earning poweramo.unt of: tile <!Ward to coJ1form,'to, any change th ofr ~ wprkman_a1;, an}'i•.kind .of work. is restored, in the condition of the injured workman, and. th e payinen-t_s shall0 cease; butr in n~ .case shall• ;00 00 I I �2009 WORKMEN'S CQMPENSATION 124-120 ~he total payments made in such cases exceed · · per month; provided lio:w ever that the court • • • ' ' npon. 'apphcatton • • and .f amoun.t h. er~m ma J<~ng sue_Ii a war? may· ~p~~ 1 1~ to .. ~ paid ~u mJured workm~n fo_r_m.- , h.canng, with no_t1ce ·to tlie employer and a Jttnes causmg p.eimanent total . d1salnbty. sli.o·wi"ng of the ne_cess.i.ty therefoli, order all or \V_he 1_1 th e worl,<man_ has non-res1d_ent alien , any pa.rt of the. unpaid .balance of the award to clukh en· he s_h~ll receive only on~-~hird of the be. pai cl to the s_urvivihg, spotise as a lutnp sum. sµm_ ab.ove fixed for_ boys under _sixteen (16) If th~ surviving sp0use shall re-marry before yeai s of age and girls under eighteen (18).. all -of sai.d award has been paid then he or she years of age. . •, shall onlv be entitled· to recei v:e the sum of two . . ( d) • In all cases_ of ~cu1~o_rary total disabil- hundred , and . seventy dollars ($270.00) out of 1ty, per!nai~e_nt partial cltsab1ltty and permanent th e uupaid ·balance of sa.i:d award, and further t?tal d1Sability, the_ expens~ of medical atten- payrn ent shall cease; a..l'l<l' _any bala nce of the twn and of care 111 _hos.pita! of the , injured ~ward sha;H revert: to th e depend ent children, :voi:kman, $\:1:a\J be paid fro1u. date of said in- 1f any th ei:~ be,; an,d if there be no dependent Jury, the expense of medical treatm ent not to cbilcb·en the u11pai cL balance of such award shall ~xc;ee,c~ one hundred a.net fift:y dollars ($150.00) retur n: to. the g eneral• fun.d and th e same shall 111 an-y, case and. th e expense of care in hospital be credited to th e employe r's balance; if the n~t · to ex~eed ·OD<': hundred and fifty dollars ur vivi11 g sponse .shall dj e before all of said ($150.00) 111 any_ca:ie, unless under general ar- awa rd has . been paid, th en th e unpaid balance range~uent the -wor!nnan is entitle d t o medi cal shall n:ve rt . to th e depeQd ent chil dren, if any ; atte1~t1011 and ~are 111 h.o pita!., or th e employer if 1-1 0 dE:penden.t children, th en such balance furn1sh~s , a.d cq,ti.ate and proper m edical atten- sha!J revert to the general fo nd and be credited tion . and hospital facilitie s to- hi s emplores; to th e emp loyei:'s. balan ce; pro vid ed, in any provided, howe"er, that no bill or fe e fo r med i- case, where the sur viving pou e hall r ecal attention 01: care in ho~l,)itaJ. shall be al-. ma rry or die before all of the award has been lowed or paid with out nqtice to th e em ployer paid, the rema ining_ balance shall be paid to and a. hearing if 1:equ e_s ted by said employer. the sur i,·io g depend ent children in t he fo llowThe state treasurer shall have the. pow er to es- ing manne r ; I n ascertainin g the a mount to tablish a schedule fixin g the fee s for ,Yhich all be paid to ,each su~·vjving child in th e case of medical, surgical, hospital or oth er legali zed in alei chil dren, t he age of such mal e child shall forms of treatment rendered to employes und er · be fi g ured from the time of th e death or rethis section shall be compen sated. Each phy- marriage of such survi,;in g s pouse until such sician or surgeon attending a workman injured mal e child attain s the age of sixteen (16) while engaged in extra-hazardous occupation year · an d in the case of femal e children, the shall file wit.h tbe clerk 0£ the court of the t ime _hall be figured from th e time of the death county ,Yithin which such injury acct.ired and or Tc-marriage of Sllch surviving spouse until with the state treasurer, under rules to be pre- s uch femal e child attain s the age of eighteen scribed by the state treasurer, a full and com- (18) yeai;s, and the unpaid balance of such plete report fully describing the nature of the· award shall be divided- in each instance by the injuries to .such workman; p1:ovided, that such 1:umber of months b<,twecn such periods of report shall not be required unless the dis- t1_m _e. In ~ase of _the death_ of any of such surabilty resulting from such injury lasts through v1nng children, the J?0:t10n of such award the day or the injury requires , medical services made p~yabl~ t? such child by the t~r~s her_eother than the ordinary first aid treatment. o.( shall be d1v1ded , ~mong: t)1e surv1v11:ig ch1IAny physicia,n or surgeon failing to fil~ any re- dren ,pro. r~ta; p1:ov1ded, further,_ tl!at if all o.f port as herein. provided shall be pumshed by the ~urv1v111g cl11ldre1~ s]Jould _die b~fore t~e a fine of. not m.ore than fifty dollars ($50.00). unpaid balaQce ,of th~. ~ward 1~ ei:itu-ely .m.§.:: \\There death results from an injury the ex- tu~becl. then the remammg undtstnbuted porpense of burial shall be .paid not to ~xceed T(on at sucli .aw~rd shall reve1,t to t!1e general one hundred. and fifty dolla:rs ($150.00) 111 any fund_ and be cred1teq to ~h~ employers balance; ca,se, unless oth.e r arra_n gements. exist between pro:vid~d, forth.el',, th";t 1£ 1t be shown that the employer and. employe unde.r agreement-; s~rvhm1g ,spou-se w1lfully deserted deceased (1) But if the workman leaves a widow or w1thout ..£ault upon the part of the decea~ed, invalid widower to whom he· .or she l'ias -been such surviving· sp,ouse shall not be regarded as regularl0r ~al'ri;d by a marriage duly. sol~mn- a_ dependent in arty de¥ree, but in such ca_se· the ized by a legal ceremony, such su~vtviilg right ?f boys _und_er sixteen , (16) years of age spouse shall receive the sum of two thousand and girls ~nd_er e1ght_een (18) -¥ears of age !o dollars. ($2,000.00), but in every such case the compensation shall no_t _he defeated. If said said ·award shall be paid in mon.thly installs ,~orlo,:ian leaves a surv1v111g b?y· or b?ys under men ts at the rate of forty.-ffve dollars ($45.00) • sixteen (16) years of age 9r girl -or girls under 111 .t 1 1e ao-greo-ate the lump sum cl b · . .. 1 �124.:.120, 2010 WORKMEN'S I GOMFENSATION! • t6-Jliave res ulte'd ;from !-\fa_rinj_uries,' the'. widov." eighteen (18) years·. of i a·g e·;:the gua:1'dia~ ·oL of: said workman shall rb_e 1ent1_tled·:to an · award , such child or children appofoted as· herein~ft~r , because of tHe deci thrbf.the1'workman as 'herein provided,· shall receive •for · the use'. and bend1~ • . ,,Med but ·.t,he anrotfnt ,of•the ·paytn'ents •re- · Pl 0 ' , I • , of said .child or children, •a .Jump sum of one ceived by·: the : inju:red ;,·wor <man ,111 ·.e,xcess 'of. hundred and twenty dollar's ($120.00) ·pe! _-year : two th o·u s·and ',dollar.s ('$2,000.00). pnor• to ' his , for each survi\'ing-boy undet sixteen (16). years_1 death shall ; be cl edt1cted, I ~1:0~1 -the • a111~1\n.t rof of-age until the time,when each of said surviv~ he'r awardt '·. ; 1 ·'• 111 ' • ' ' > •11 • • • ! , •1 ing boys /shall becOJ11e· sixteen (16) :years of ( 5) If t he workman leaves n~. · . ";lid'ow; , or . age, and · a ltimp sum , oP ofie hundr'ed and 1 widower,i or bOY,!ll!1~~r· ~h ~ age of _ s ixteen (16) twenty dollars- ($120.00) per year for ead1 surviving girl urider eighteen (18)· .years of age yea rs, or g irl, uncl er •the· age o'f J e1_g,I:i~ee1ytl8f until the time wh<':n each of sa id surv'iving girls years,· but leaves •a ' parent or ·par.en ts: survivshall become eighteen ( 18) years of age; · pro- ing, such survivirig par~nt or p~r~n~s, if ·living. vided, that the aggregate lump sum paid to in the Un ited States/ s hall ~·ece1ve· a -h~mp •sum said . guardian shall in no case exceed •three of fiftee11 hundred ,·dollars ' ($1,500.00); prothodsand, six · hundred dollars ($3,600.00). In vided,· a parent' or p,tren'ts,,,w ho ' a1"e clepen·dents all l cases where an orde.r of com pensaiion is and · who are non~res icl ent a li ens, shall -receive mad e on 'accou1it of boys under s ixteen (16) a lum p. um of 'o ne-third·of ,f iftee n hut1dred do!• years , <;>f age, , or g·irls · u11 der eighteen , (18) Jars ($1,500.00) . 1· r L. •-'31•, .o.- 94, '.S 4, a111endi1ig years of ·age, or both·, or to ·persons ii'1 corn~ L. 129, C. 48, § 1-; L ..'29, c. 64, §· l; 1 L '. '27, C. 111' . petent, sa id ·,fund shall be di bu rsed • under a ' § 5 J ,L . '25, c. 124,: § 4,; · L. '23; c: 60, §§ ·-Ib,. 11 '. .•'20,, § 4334.' : •. - ' · i:froper guardianship•t o ·be created by the court L. '21, C. 138, §§ 5 l 6, 7; ·c_ f or ,judg:e makin g such an order. '· • Und er sub-d ivision b nercof, policy to allO\v more· (2)° If t he injured . ~rnrkrnan die .during-the for ch ildre n of a 'disaliled than for tho ·e of 'a deceased . held, a question for the legislature. In re perioc;l of t ~rn porary total dis.ability and after workman Brennan, 29 Wyo. 11 6, 210 P . 939. _ receiving comiJen sation :therefor, as herein proAwar9 for "pe_rnianent total disal/ility" nade .only vided, and hi s death be shown to have re- ' in clear case. Stan.dare! O il Co. of' Inc!ian·a v.1 Sullivan • • '1 suited from sttch i1~jtities, the widow and the 33 W yo. 223, 237 P. 253. 1 ' ' , Evidence showin g· enrploye's loss of finge rs oti I.ioth , gnarcfoi11 of the 'workm.an's Jboys •und er (16) years of -age and girls m1d er eighteen (18) hand s, .held, to ju tify , a,yard (or perma ne.nt total :dis- . abilit y." Sakamoto v. Kemnierer Coal Co. :i6· Wyo . ye~·rs of ag'e 'shall be entitl ed ' to an award be- 325, 25:, P. 356. ' '' .' ' '' • cause of the death of the workman as herein· Sum paid fo r tem porarY. to'ta l disabilit) should be provided, but th e total. amount of p~yments in deducted from lbtal pennanent •i.li sa bil ity· awardi Id:. · excess o~ two thousand·, four hundred dollars . Employe h el~ , entitled . to payment o f .compensation ($2,400.00) rccein~d by the injured workman !ll manpcr p;·<;>v1d cd by statut.e in .effect at time of ins In re H 1bler, 37 W yo. ~32, 26 1 P . '648'. • during such di sab ility and -prior to his death Jury. Ge nerally speaking , the ··lcgislatu~c did not inte1id shall be proportionately deducted from the d?t_ible co111p~~1 sati~n to injured ' emt)loyes, un·d er proamounts herein ·provided to be paid to the sur- v1s1ous of this scct1ou. Mars!\: v. A ljoe, 41 W):o. 220, al so ;i,mder § 121-137., ·,, _. . viving widow and the guardian of the work- 284 P: 2,60; .ann otated . ' • • man's boys under sixteen (1'6) ·yea-rs of ao-e ~24-121 : Additiona( compens~tion for -.di~- · and girls under eighteen (18) years of age. '." fig_i1_ relll:ent: In all .cc\s c!s· of te1~1 p oi·ary totai clis'f (3) H any workm.a n die within one year ab1hty .<?r, peJ:marie'n t __ 'p'artial,, dipal/ il'ity w\1erc . from the ?ate ?f r~~eiving an. award for permanent partial _d1saL1Iity and .his death be shown the wc;)]·km,a n :3hall si.tHer pe1:11Hinent disfigureto ha,;e resulted from the irijnries for· which the me!1t to _th~ f~ce _oi·' .J1e,ad' i:>f ,1;iat_ure, St;) great a\\'arcl was granted, the wi.clow and the auard- as to ,affe~t the_worJ<!nan's.i~a'n1.ing ·capacity ·iii ian of . the workman's boys ui1der sixtee~ (16) se~urp~g e1_n ploym_ent, the. 'ivorkman shall reyears of age, and girls ·ynder ~ig~teen (18) c_eive,. 111 pr<?portion 't_9 tl1e 'exte'n t 6'£ stkh disy_e ars of age shall be entitled to an· award be- figure!nent, a lump·_s11111 in, a'd ditioii; ~6t to excause of the death of the workman: as herein ce7cl five hll)l<lre<l <lo~la1's ($500.00). The court · ·c1.e~~.;10_ t· 11. 111' • ma ' ,· , k•.:. pr~>Vided, but . the amo.~ ht •of the payments re- shall . ·, . take . into _co.ns,1 mg· , t he ceived by th,e injured . workman prior to his h\\ ard any ~ormer _tjisfigut~Tl}ent to the fac~ or ead o( ~t'.cl1 ,~,orkm,an. [L. '29, c. '. 64, .§ 2. • death shall ··be proport10nately deducted from· the ~n~ount~ herein provided to be paid to the 124-122 Comp • t: :• £ • ' • ' . ·: • .. k. . • ens a 10n or herma. ,•A wor surnving widow and the guardian of the workman 111 order t 0 b e •ent1t • Ie<l to compensat1ort . . .·for · 11:an's boys u:1der sixteen (16) years of age and. 1 . . 1e1tua must clearly prove. • , . • . girls under eighteen (18) years of age. : , 1 Th • • ' ., ··' • ' • • T at the hernia is of. recent orio-in • (4) .If any workman die · within two years 2 hat·t o • from the date of receiving an. award for per- pai • d .1 s appearance ,vas accon'lpanied by manent total disability and his death be shown of ;:• an discolorati'o11 ..al'\d evidence ,of tearing tSsues were.•pr.esent,; !•,· , . . , ..-, ' ! . ' .• • t • I ' ~ • ' f �2011 · 'WORK MEN 'S G:<DMP ENS½. :CI O K 124-128. ·3: Th~t it ,was · -i~ni. ediately preceded [,by; some ;accidental stram- suffered· in the course: of the e~ployment·; , . ' ; -•4. . That it did ·nc:it ex ist prior to . the ,date ·of, the alleged -injutiy. •• . , , • : ,, If a w or~man, _after e?tablishin g his rig:ht ·t,ol compensati on for hern )a a:s •a~ov·e •provided(: elects not t o be op erated upon, an d t he he rni a be~omes strangulated in th e fti ture, th e r esults f.rom such stran g ulation ,.t ill not be com pen-• sated. [ L. '29, c. 110, § 1. , .1I. the.,~ai 1e -·as any .otheu1 j)l=operties of minors. [ L.: /15, 1c 124; § 22'; . G::.- S. '20, §.4337. ;, .· : , ., , 1 .,. . , . • ·f ., .. ,. : • :J.,?4, 1,?6:; • Extr,a-lw~ardo4s, . ,public w_o rk-,C'o~tract ·wor:\{. , '\iV heny~'er the state, cotmty or api)' m ttt1ic;ipql.~or por~ti9n s,ha:lJ ,engage in .any ext ra-h..;p:ard0us work ;in ;.which workmen ,are emp loy('.cl for .,yag.es,. this clu1pter shall b<'; appl icab le. th ereto. Th:e cmp lpy er's pay ments in,t o, the .i ncl\\Stfial accj<J~i1t fw1d shall be made from the : treasury- of .the state, county , or 11111ni cjpa\ity. , It saip. ' "'.Ork is being done by ,con124~123. Forfeiture by injured employe:- tract the payroV of, t h.e con tractw a nd th e subPaymen~s with~eld. If. any in jured em ploye contracto1' s)1q )I be ,th~ -b~sis . of computatio n shall ·persis't in un sanitary or inj uri ous pr actice, and in . the rcase of con t r.act ·w ork consuming which tend s to -imper il or retard hi s recovery, less than ;one,,year ;i n _p.e rformance the req uired or if'he shall refuse to subm it to such med ical· pay n1 en t into t he % ctdc;nt fu nd.s hall be subject or •surgical treatm ent, as is ' r easo nably essenl to the pro;\,' i~ions of t hi s chapter and the state tial to p romote hi s r ecovery, h e shall fo rfeit fo r ) ts, gype1:,a !. fund, the county or m ull'ici pal: all' rig li t to com pens atiort und er thi s chapter ; corpora tion ,s.ha1 fb e entitled to co llect fr om t he and where an injur:ed emplsry e is u_n d er cai-e contr actor · t he full amo·u nt pay_ab le to th e · in° a nd treatm ent of a •phys ician , -he shall not be dustrial accid .ent. .f und and the contractor, in permitted to personapy r eceive or u e any t m n sha ll · be -entitled t o collect fro m the subcompensation pay!1ient s allow ed him u nder contract91: hi s, proportio11a te amount . of paythi s chapter, excep t upo'n the order of such rn t;nt~ J he provi ions.of thi section shqll apply phy sician, but such paymen t s shall b e with - t,o: al l _e xtra-hazardous '\vqrk .don e by contract, held and ' delivered t o such' in jured ·. w orfoha n except that in priv ate work th e con tractor shall upon hi~' r ecoveri ot discha'r ge by such ph ·.- be. respo n ible. p rimari ly and direc tly, to th e sician. ['L. ' 15, c. 124, § 20; C! S ! '20, §''4335. • indu trial ' acci dent f und , for · th e p ro per perccn tagi:: of ,th e •total pay roll of the work and Uo cli fi cat ion of · in structio n i,\S to effect o [ i.njurio~s practices r etardin g r ecovery of injured employe, helrl.' fo r th e am ount due it, an d the ow ner of t he · not imprope r. fn r e Hibler, 37 Wyo. 332, 261 P . 648. ' prop erty affe~ted by,' the con tract shall be su1eE m ployer ha d burden of proof t ha t em ploye :perty fo r such ; pay ment s .... v; henever, and so 1 sisted in injurio us prac tices reta rding ~ccovery, Id. loi1g as u11 der th e .stat('. la,v, city charter or rnu To "pe rs ist" in injurious ·practices retarding inju red emp loye's recovery means to cont inue again st opposj- nici ~al ordi nance, . prov ision is made for mu• nicipa[ e'm ~l,oy~s inj ½~e.ci }11 th e co,u rsy of em-. tion or remon strance. Id . • • ployn1ent, uc'1 en;iploye sliq11 not be ent itled 124-124. Exemption from execution or at- to tli e be11efit s of this ch apt er an d shall not be tachment. No money paid or payabl.e under in clude~ in th1e .p,ay roll 'of th e mun~cipality 1 this chapter out of th e industrial accident fund un der thi s chapter.' 1 [L . :' I 5, C. )24, § 23; c;::. S. '20, § 4338. • • •• • • • •• shall, prior to issuance and delivery' of the warrant therefor, be capable of. being assigned,• Cit ed in •L eslie v. City of Casper, 42 \/\fyo.· 44, 288 P. charged nor ever be taken in execution or gar- 1-5, a nn otate.cl und er' § 124-1 ~2. . • . ; • 1 , • • • nisheed. Any such assigm'nent, ·attachinent, l • garnishment or charge shall ·be void. [L. '31, , . 1:24,:,1_27. .Safety 9evices. Nothing in this . c. 73, § 61 , ·amending L. ' 15, c. 124,' § 21 ;. C. S. chapt<;: f contain ed shall .repeal any existing law '20,. § 4336. • • • provi cjing for· .t ~e , in :>ta)lation _o r . maint<,nance Cited in L a Chappelfe v.· Union P aci fic ' C_o al Co.; of any de,vic.e, ,rn ea,ns _or rpethod for the prevention of acciclents ·in extra-hazardou s .work or 29 'v'V_yo. 449, 2!4 P. 587: • • for a penalty or punishment . fo i;- failure to, in-· 124-125. , Mino/workman. :•A inin~r wqrk- s'ta)_! •or' mai!ltain any;__s}t<ch . prote~ti ve ,device, ing at an age legally permitte_d u_n~t;r_ the J3:ws means or method. [L. 15, c. 124, § 24; C. S. of this state shall be deei:ne<l sm JU!,'JS,_fq~ the '20, ,§ 4339. '. ! . ..,; ·,, f;., i: .. t .J •• ,,.. • , !, ·! , , 1 , !1 : , purpose of this , chapter a1;d no ~ther .pei:s9!1 · t , ·tr ,l~4-128. ,Unlaw~ul to receive more .t ~an 5.% shall have any cause of action or ri~t tq com:-, pensation for injury to such. minqr w9rkma11, o(comp_e nsation for seryices re~derep. It s hal,1 except as expressly provided in this ,chapter; . be u11lawful, for any P~r son:,or: a11y numb.e r, oL but in . the event of a lump sum payme_i;i:t be- p('.r §>qns acting togeth.e r ;or -separately or in any coming dt~e under this chapter to such, minor way, including attonieys; .agents, interpreters, workman, the· management . of same shall ,be. and all other persons, to receive or agree to rewithin the probate jurisdiction of the• c'ourts; ceive either directly or '. i11directli from , any , 1 1 • ·, ·: t 1· • , 1 1. , �20.12 , r.01\,rpENSNf,IO N WORKMEN' S! ~ J.VJ. ai'd .ou.t •on ,acco'un.t , . . ·bf i11-9 uries,,or ._ , death . result. . fr •· ·uries 110, ·s11ch ,,emp.1.o.y ments, and beneficiary or beneficiaries. undei; this chapter, P 111 1 111-01 G>m • • 1 • t · th · • for services. .rendered or to ·be rendered, eit~el' <> • ·format1011 re. atmg any ot·h er in 1 , .o. 1e :operatton jointly or separately, in relatio1! to pr_oct!~.m g on . a d 11lln1s • • ti·a.t1•0 u·· of, .Hus:, pap.terr, t1at may. be , ~ t . t. and to make a foll:•~epQrt· thereof, any benefit or ·benefits :tinder th1~ chapt~r, a 1;;. e1 es , d • 1 sum or sums ao-gregat111g- more· than . five P , . 0. f 111 ether wth st(ch rec.omm~r .at10ns as 1e .may centum of the ,~hole amount received '<?r , to_ be· tog nei· fo·.1--cha.no-es -or amend1n~nts here-, proF <> • . received · by suth beneficiary or bend1c1ane_s;, din·eem a;1d to publish a fol I ,repqrt the1 eof, to th~ on accoimt of injuries to any~ employe, and 111 ' . . 011 0li bef0re t;h e 31st day of Pecemnor, . . • 1?4 s 28. L '17no event to exceed· fifty dollars, ($50.00.): ~v~ry gover ber in -each ear. lL. J5, c .•, - , S- ; ·1 • -; person viol'ating or concerned in the ·v10lat_1on. C. 69, § 7; c. S. '20, § ,4343 .. i . 1. : ., , , of the- provisions 0Hl1is section s~~~I be gmlty of a misdemeanor, and i.tpon co1w1ct1on. thereof .12;4,t.32. ~~~m,_ination"" by,; state ti:~asµrer. sh.all be fined not ress than fifty · dollars The ·, stat~ ,treasurer . may, a,t any tnne 1 _on ($50.00) nor more than five · hundre_d d~llar_s t,w.en-ty~fp t\1.', h.ours' , not ice, ( u1_1Je ss :_such nqt_1ce ($500.00)-, to which may be · added 1mpnson- is waiv-e<:l: by .t h e. emp) oye1), e1theF lf! ,person_9r 111ent in the cotinty ·jail for a term not exceed- throu 01h· any. au t h0ri z.ecL m spector, rag.~nt- or , in o- 11inety days. It sh~II be the duty of the cleput;, exap1iile the b~ols::s, a~co-t~nts '._ 0J pay:c co~mty and prosecuting attorney of the county roHs of any em pl9ye1: at any ~1m e fo_r t.h: pur-. in which any injury occurs -to give ·all· necessary pose o£ secuxing ;rny _1µforrnat 1011 de :red •111 the le,;.al advice to any injured· workmari, or ~11s· admjni tration of t h1 . hap ter. [L. 27, c. 111, d~endents,' ,d10 . may' seek ad vie~ in makmg § 6, am ending .C. S. '20, § 4,344. and -filinO'· claims • for compensat, 911, and . to 0 . . . prepare all statements of claim or _other papers· 124-13,3. DisablE:d workman. exam.~ned by _ necessary or advisab.le to be filed by such employer's phy'sician-Recqvery rep9rted , t9 workm an· or dependents, free of all charges and court. An,y w orkman. awar ded co mpens.at10r costs: [L. '21~ c. 138,- §' 8, amending C. S. '20, fo r tempo rai·y ·t o~a1 disabi li ty und~r this _cha;p§ 4340. tcr, a defitied by <.;l aus.e (~) of§ iz4-120 shal}, Cited in- Zancanelli V. Central ·coal & Coke Co., 25 · if th.e reafter req uested by lu s e.ip ployer, sub,1mt Wyo. 511, 173, P. 981, ;i;nnotat~d under § :12~-113. hi111self fo~ m ed ical x a111 inatioi1.by a. physician Cited as to attorn ey s fees m In ne H1bler, 37 \Vyo. lie.en ed to prac.ti.c e m eqicin e in, th is stat~, aF,a 332, 261 P. 648. • place de,i ignated by th e e~tDlo:yer and which 124-129. Physicians required to testify. Any shall be rea onal ly conve!1lent for the workphysician havjng attended an employe in a pro- man , and said workman maY. have a licensed fessional capacity may be ·required to te_sti~y J?hysician pr~sent of hi s ow n · election: T)-ie before an y court or judge when so directed, 111 purpose of such exam 1nati.011 shc1:ll pe to. 'dete_rcases coming within the provisions of this mine whether the ,vorkman ha s recovered so ciiapter, and the law of privileged communica- that hi earning power at. auy kini:l of work is tion between physician and patient, as fixed by restored. If it be agreed t hat the \\iorkman has statute shall not apply iu such cases. [L. '15, recovered so that his .. earning power: · at any• c: 124, § 26; C. S. '20, § 4341. kind of :w ork; is restored, the· Jact shall be re124-130. Fa~se statement· by employe. Any ported -by the employer :and said physician to employe or " ·orkman who shall make or cause the judge of the district· cotirt ,who mad~· the , to be made on his behalf any misr~pre!:!e.ntation award in the first , insfance,. br, if there be a. dis-, or false statement for the purpose'-of -receiving pute as· to the recove'12y qf the · workman : and compensation under thi·s chapter to 'which he is his resto.ration 'to earning -p·ower,· it i shall 'be i10t lawfully entitled shall be guilty of a mis- likewise reported to said judge, by, .. fili~g a· demeanor, and shall on conviction; be fined riot statement in either :·case in . t.h!! ,offic~ of ·tpe more than three 'hundred dollars ($300.00), or clerk of the district court of :the 'co.unty ..,vhere_ imprisoned for not more th~n ni11e'ty· (90) the award was made, and the matter shall be clays. fI:'. '15, c. 124, § 27; S. '2~, ~ 4342. • , · d_isp9sed o_f _in :Sl!Cli ·inanner ,as saicl. jti?ge: may d_e~m propei: -unde-r· the facts•: "· .If said • Judge 124-131. Annual report by state treasure~. fmd that said workman has rec·oveted and has It shall be the duty of the stat~ treasurer to b~en restored to his:; e·a_rnirig:, power · an·d that secure-and compile statistical .informat1on c'otJ- compensation1 shou1cl be- tlisetintinued his ' decerning accidents occtirring'·111· the ·extra-hav cisi~n- and 3udgm~n~ )n' the ..pi-einises 'shall be ardous emp_loyments· defined by this· chapter,· certified· to the state auditor and state treasurer showing the· numbe-r of accidents or fatalities and .shalt•be authority -and direction to ·said ofoccurring in each of. said employments, the fieer~; to1 discon~i!1tH~ ' corripen,sation ·payment~amount paid in by each employer coming· with- !£ tHe workma:n, ,m such case, refuse to sub1111t in the provisons· of .this . chapter; the amount to such examination or obstructs -the •same, 'his 124-129. 0 • ~ 0 C • • ; �1 2013 WORKMEN'S -COMPENSATION rig ht to monthly _payments shall be,-stispen<le<l until such -~xamination . has taken place, and ·no ,compensat1on sha_l~ ibe·pay_a ble during or 'f or ·acc·ount of ..su~h_-p~nod of r_e fusa\. · ?[L. '15, c>l24, § 30; .C, 20; § 4345. ;, , : ; •, s. 124-137 :of. sha:11'.be .in accordanc·e ·with the ·justice cif the mattet:, due regard .being :h ad t o obligations -of 1corilpensation ·;incur:r:ed and •exisfing. IL. '21, ·c. ,7.6, § 1-; a_mending•C. S.''_20,i§-4347. • 1 1 , ,I I ,: 124-'136 . . -Aotio_ns _-against , •emplo_y:er .inde'124-i34: . . Emplciyes''. sta:t~rrients .of depehd- ·pendent •of ,chapter.. : Nothing·, in ::this chapter e~t p_ersons': '_All_~mpl_oyes .6_r ,:v6r1<111_e11 ·coniing .shall ,be cbnst11u.ed ,to limit or ,affoct ,any ,'right w1thif). the pr9v1s10ns of 'this chapter: shall be or action by an employe .ag'ain's t an ~em.ployer reqt1ired, i.if)ort ··e'nter ing 'service in any of the for injuries received. :wh.il~ -tn. .the . employ of extra-hazardous emp'loy'ments he.rein defined , such employer when suc}i 'employer at the time to make and sign' a wri~ten statement setting of such ,injuries :is n0t contributing to -tbe in:. forth the na1nes. of. t.11'.e per~ons dependent upon dustrial accident 'fund ·as provided in t,his chapthem for support or ·cons'titut-ing membel,'s of ter. _[L. '23; C. 60, § 1r , ·.: •• their dependent famil ies,' in each case g iving • 124-137. _ ~e-openir,._g ,of ..cases. The state the names a11d ages ·o'f their boys, und er the age of sixteen (16) yea1:s and g ids uncl er ·t he age of treasurer· shall ·ha'\ e the ,.right to •cause any case ·eighteen ( li8). years. [,L, '23, c. l!iO, § 12,.amend~ to be· i:e-opehed in ,vhlch an orclc,r of ·award has 'bee11 made, 0 pqn;id ed he '..s h<;1 ll cause a petition ing C. S. :'29,_~ 4346.· , • • • . ·.· for the re-opening of ithe case ,to be fil ed with 124-135. Assignment ' of rights and' benefits. the court w11i ch •grant~cl :t:J:le award within All PcI)'!llents -me:1§le:int0 -the industrial ·accident thirty days after the date on which the order fund by any ,and _ every emp loyer . under th e •of a:warcJ° was received ·iu· the -state treasurer'·s .proy-isions of t~s chapter s_hall l~e taken as paid and recei:ved in consid erati011 of the in- office. Such .pe_titi on • ~ -ust show probab le demnity -to .such .•employer br rea on of his cause that .error wa·s .rnad e, in the amount of the cpntribu~ing i:o th e i.nd ustr.ial -accid ent fond, award , o r t he chai:acter- .of the award, or the .and -in •considerat ion of . tbc .paymen~s ,made by g.1;ound s on whi,ch th,e award . was maf.l e, and tl1e state to sµclr ftuj d ; provided, .t h~t . ,when 1nay s.pecify as a re;;isqn .for i:e-opening .th e case any employer , ·.ef.\gagecl in ap rcxtra~l1azai:dous exis ting e~'.idence not-, g i:';en 'in, the orig inal liea roccupation as defi11ed in t hi s cha-pter,. ha s .here- ·ing; sho wing the .general Jrnture and effec t of tofore sold and c011v.eyedi ,or shall 1J erea£ter sell .such ev.idencc. On thc ,fi-li ~1g of .such ·a petition ·and convey his or i ts property .tq ;a pm:chaser ·and on. the court finding ,that ,probable cause i? who continues to -C0\1duct .,md . can;y on said •shm,m thereby, •the coftrt shall :,tay the awal'd, business at the same place, the seller shall be and upon -reasomible notice 'to n'll • parties re-entitled totra1;ster and assign to .t he p,urchaser :open the -ca·se am! ·set the .sai'n e for ·h ea:ring de all rights, benefits, privileges .an~ imm1.111ities novo. The· state treasurer may take such part ac.cruing to , such empl9yer by wrt1,1e of any in' the new hea:ririg as he may _deem advisable sum then on -deposit to his or its credit in .t he and shall J1ave· .every •right and privilege of i1 jndustrial accident fund iff the state treasury 1 under th:e provisions of this :c hapter ; ,.and u_pon ,party t? , the ·cause,. H ,e shat\ '.Jiav,e' t~e·. tight ·?f appeal to the .~up·r.eme court. from a11y order m filing such assio·nment with the st~te treasure~, such n.ew _h ear.fog, eitlil:;r gpinti.r:ig ~n .a"v~i:cl. o,r the ·purchaser :hall succeed . to all sai_d ~igfa&, benefits, priv-il.eges and immunities ;o_f said, em- ref.using to gr-ant an -a\vi:ircl. H ~ sh.all also l~_~v e ployer. Said purchase; sha:ll -)Je •sub3ect to C?b.- a: ,right of appeal f.rom·. au order refusi.ki.~ ,.to • ' ; . .. . ' ligations of com,Pc;:nsatJo~ agamst .the selle~ m- 're'..open a case. In addition, and without the necessity'of precurred and existino- at the date of such assignment; pTovided,-,that no Ra_rt: ·of any'- tn'dn:e ys · •sen ting any.- 'I)'etitioh .for 'th·e · 'Te-bViniiig ~of a so paid in ·by :any ·employer ·shall_ ever .be re- case to the trial court, 11:b e state tre·a surer shall -funded to him :either during -the ~me when he ·h~e the right ' to ap'pea:1 to the .suprein_e court continuesm bi'.isiness·as such employer.,' ot-aB:er ·from any' order ,' judgment hi any district he ceases such· ·business·; •prov:iaed, that ·every coutt . of the ·sta.'te awar;d.ing'·co.~ _pens11:tion . or employer, .operating under the:,,provi~i?irs -~ d~c1ini~g '.t ~ -a;w ard, compe,n satiop, a,,I~hciugh 'hr this chapter. shall·pay.into ·sai~ mdustnal cacc.i- ,~as,not a party to .th~ ,p1;9c~.~ding? i!l ,§UCq disdent·fund the .sum of aHea:st fove thc;msand dollars , ($5,000.00) 1; •-and provided, .forther;·ifi:~-is _'tr.ict' colll'.•t. •..U.po~ ,;the p~rfect~11g ,of. <?,TIY appeal chapter shall ·,be hereafter rep~aled_0:: hel~ ~n- -i1~sti,t1;1.ted ,·µy th:e. st~te tr~a~~~er ,th!! com~ alYalid, the moneys . which ar~ :u~: th.e mrlustnal lowiqg _. the _app.e;,i.l ,-s~all isst\e ~ <:ltd.er. ;staying fund at the tim'e shall he distt1buterl. as inay ~.the ·execution iof the ,or.d,e r•, or judgment :apbe provided by the tegislatur~, . a?-1 ·:i.n:;c;!.ef_a~·J.t ·pealed irbm without -re~u-i:ring any, ,bond_._· The of-such legis1ative provis-ion,'.distr1but1on there- ' at.toun·ey, genera·!, ·:t;>r: hts . deputy · or a~sistant. 0 0 ' 1 or 1 • , �.WCDRKME!Ni'S: 1GG MFEN5AT<I'ON 1240138 ;of! the , inJur.ed :,workman,, _shaU ._for.feit_,_ant r:·shall act ·as :the ·attorney_ of. the, sta'1:e ,t tieasur.er ,mtinei;ation or,-.aw;11:cl.;from 1:t he ,11Jdt1stlJal a~ct·in all cases . • All bosts -of ne,v:dlearings granted den-t .-:f~nd for,,any ,:sen;ices,: ,care•, or ·, atteµbon .upon the petition,of :the. state. t.1;eas1irer, 1.a11-d.: all •enclerecl ·to : such · injure.cl ~v·o rktpan:, on , an:yei facosts of appeals c,ot1dticte.d· bjr .the ,state· t_reas·:ilities furnished to him, ~i [L. ·(45;.'cA24, § 8. ;~ 11;.e1:, shall be pai_cl ~y ~he in~ustria!_, ,_a ~~1e.n~ 1 1 . fund , except ,such co!its as the court-m •'.ts: <l : _ -r'rll~:~40., .A.~~9s_. u Bx~r,x::~}r,~_rcl :Yi,t.h}.n,_lihe cretion shall · assess -'ao'ainst ;tah)' Jofoth~ -~fhfl 1nea1J~1g .9 fr~tw.,,c h,a ptfc!.~, ~s;a J.ttd1~ia.~~(!e.t~!:W1,1J.i~ -parties to the.cause . •(L'. '27,: c: 1'11 \r§·7; 1<;1mi:!l1a- ' t,¾Oll 9f ._tl1e ,r1gJ,,i~s .9.f ,t~e ~1:i;i.pl.P,Y/% ,ttw ,etpp)pye ing'L. 'Z5, c: 12{ _§ 5_._• , .1, · 11·~ '· , ·_ r•. 1_? '.' an,d ,the iqd1:1~tnal -~,cc1den.t; fuµq . a~} O., P;IJ nJa,t' vVh,ere 'the d~ty, df the"'attof ri cy gcntr~I iil'. i-eprcse,rlt ters.· involvrcl .-: N;~ J{L,~~</,licl , O~ C<?J?1Pl'ir~a.!10.n1 ,Of compensation claimant in supreme ' c·o urt',' as 1 part df a~lq)vance ,Rf , .1:ny f!x;p~nse Olj •• cla11:1t. cha.rg:ab]e his official' duties, conflicts with his .d1itics to act as at.torn.e y for state .treasurer. in al\, c,ises,,; t)~c c:Il/tY fi rs t aga inst . ~he. ~c.cpu,1t _qf ,f nYr .emP,loye!:,cot;1tpb1,1tmentioned must yield to right, of ,sta te , treasurer .t o ~{ng -. t9i tb,e , ii1,1,u~~i:jal a,c 99e}1t- ,fpnd s\1aJL ,,br such services. :M arsh v. Aijoe, 41' ' \Vyo. • J19', •282 P. w,acl:e wit,110{1~ lJOt!C~ /0 ', S_t~C 1, _en} pl_?Y:t;r . :,11151 1055. ,' , . .• , n , ' i.; I_' , he.a ring, .~q1! ess. ~p~h , eq1,ployg : s}:iall,. ,c o11se;11,t ·' 1 11 action under· workmcn 1s· ·cbrnpensat1on law; 111 ·, t l,1es ~~o.. [ L. '. 2?, c, :-!24,, § _9. ,. , . l 1 •••. , "' r, which compensation was awarded, applicati01r of stat<:: treasurer to· reopen case ion ' gr9tind, ,in10ng-: others, ,of • prior disability, sh<?uld r 11 qt ,,q~ . dctrr~1foeg on_ ~x pai'te affidavits; when bas,ed ., on n~w · ev id ence,, , s~nce legislature contemplated •'bha!1 treasur,e r' • sh □ t\ lrJ •be giveh advantage of ·reg11l_,i~ . t_r;al. .Nlarsh v-., f:.l,Joe, , 4}. .\Vyo. 220, 284 P. 260. ., . , , • . , . ., . . · ,,1, This section authonzm g' state treasure r to have case ·reopened must tje con strued· in li,,.ht of ·situa t ion wJ1ich was sought to ~C: 1em_e~i<;d ,h~re by. _lei. . : , . On state treasurers apphcat1on , based on ,new evidence to reopen case,! cohrt must reopen Ease, •if the new ·dvid encc will •have a material 1bcaririg. Id. : : ), An !mvacd,_ q [ ·,compen sation . to · an'. itijured_ emplo~e is a final judgmen t, unless ex p,rc;~ s.ly rf:!S~: v1 n?' ))l!!'I!\· dicti on to reopen case. Midwest Refin mg Co: · v. 9!!,Q~gr:'- .~l /vY;yo .. 55,/ Sl 1_oq?·,, :· ~~-~ ,, , •I-:·'- l: -·124•.1141. • Deferred payment-account. Wh e/1e~·er a'i1 ·order. d£' a,vard sha}J' sp ~c'ify th~t· the a,)·iuc!' is t6 1 b_e p·aid in n'i1onthly payr~en tsi •~he -:~ fa t e' treasure1:'s hall :charg·e tl,1e' aniount' th'ereor' a&ai11st the account of the ·emp lbyer _o f ithc il1j u;ecl ";orkrna n and. shall ti:a lisfer t h e ati_1~ii1it ' • 124-l38 . . Bills to be i~~rr°i'f~·ea-Time of fil- ·01 s'aicl award _from the genei"aT:ft1nd 'inta ·a' d~ing. . All bills ·for medical _at,te11d~1f·~ < e~pej1~e~ fei-i,:ed ' poyment a.ccoun t, wh icli a·c coti'n't shall or di sbursements, and' for •hosp1ta.l service~, l hercafter be alone ·liable fo r· tli'e p:iyment ·of shall be properly c1·ated, itei-riized aii<l: ,;erifiel:l ;th e ·awit'rcl .'_ Xriteres1: earned by ·· the_; cleferted bv the· claimant, or the sarne shall be ' disal- 'payii1e11t acco i1i1t sh all be paid ' itJ~o tHe g'e'hera:1 lowed by 'the court, ancl·e,,er)' 'd octor ,,·ho shall fu11d , as well as' all amdunts repaid or i"eturnecl attend ·ari injured "·orkman : ,shall ·within · ten t~ said gcfreral •.fund 'tmcl er t11e 'pr'ovisio11s ' of (10) days a-fter the first of the month succeed- this': chapter, 011 ' by reason o-~ 1n'ocl-ification o'f ing that in which he rendered services to -,the 'brd eb of aw ard. •;\i\Th en'eve'r id11odification:bf injured workman file with the ,s:lerk of,the clis,- a1~· 'M d'ei· of a,varcl '.i11creases·tl1e· amount of tlie trict court of . the proper .county, •his ,jtcmjzed 'ii:iva;¢1, tli'e ·1clclitional. a.1 mo\m t' sljall ·be charged and verified bill for . all service~ .;fenclerecl by against the''eni pl9yei,:'s account ·<!-ncl transfe( l'ed him and expense inoun;ecl in bel.plf o{ ,the in- from . t11e ' genei·al fqn,cl into· the:· clefdf1;ecl •pa:yjured "·orlon<\n durir1g th,e, pre,;io1.1s rnont~r, 1and ·men't :ad:ount, and whefiever· a :mo<lifitation of shall send a copy thereof to the state heas- ,an order-of award decreases tlie amo~tiit of'the urer; and all claims for 'medical ·aherid'~n ce :or award, 1 the amoun'f o'f sucH ~dectease shall ' he medical services not · so filed ,,,ithin the·· tih1e ·transferred froni: 'the deferred p·a yment accoiin't specified shall oe clisalldwed ·by ;Hie tourt. ' '[L. t~ 'th~, g'e nepil filrichind_'cr'editea t'o;_tne ac¢ot1n:t '25, c. 124, § 7. , ' , · J. ; " '. ' '! ·of the employer. - L : '27; ·c: l'l t § 8'. ':' •. •'·) ,,. . : '' ' ~ '' 'i • : •t~, • \ J J I ! ·• ! 124-139. Notifi~ation by, <l9ctor 1 ;,Every •-- . ,124-142:•r. Bribery. --M lhoevef corruptly giv.es, doctor who accepts .the ,ca~e of: an, •injure{l or promises"to ':give, payv or. imb!,ltse, or ·whoworlm:ian, and eyery.hospi\al .whi,c;h·accepts the eir~r offers to giv~; pay. 0r, imburse any ,court case of anjnj~1r~d w~rk!llan, .shaU_ ~it~iri . t~n officer, or, em ploye; or any pe1is011 ein pl0ied , or (10) ·days after accepting suc,h case 1file a,,yrit- concerned t'mtler the .la-ws , of this state •iir the ten ,notice thereof with the clerk of the '<ltst~ict 'aclministrati~n -of this ,chapter;:·either before or co.ur~: •an_d sha~i s~.? d a'. ~opy .of ~·ti'c~ n~·!i~~ after lhis ,election·,, appointmerit dr- employment, w1thm said. ten UO) days ' to the .·state ·treasurer any !money, :or· valuable thing; ,or· ·c'o fruptlv ofand anothe_t copy withfo•said period to' the'·em·- f~rs or.-promises,to do ·a.n y act :ben'eficial t;·any t>loyer of the injure·d workinan.i • Arty ddctor o·r -person rto, inffuence his action o'r :trn :secure-his hospital failing or· rW1sing l to•Jile the: notice :assistanrieiri.- the administration of this '. chap'ter, within the time designated·with the 'clerk of the ~rr~ ': ho~wer-1· being · a' court officer or employe court; or-. to send copies , the'reof withi'n,'. saip ·or ,.a . person. employed- under · the l,1,\vs of ,this period to the sta~e treasurer and ·th_e employe.r state· {n i ;the r administratio_n , of..,;this '. chapter, 1 • 0 • ' - ' · 1' ' , , ' ") l J' ' : 1 • 1 • ·· ·ro "J �2015 WORKl\1IEN'S COMPENSATION either before or after his election, q_u~lification, appointment or employment, solicits or re~eives any such money or· va_luable_ thing to !nfluence him or to secure his assistance with respect to his official duty in any matter relat- 124-142 ing to the administration of this chapter, shall be deemed guilty of felony and upon conviction thereof be imprisoned in the penitentiary not more than fourteen (14) years. [L. '25, c. 97, § 1. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyoming Workman's Compensation Laws Rights Information about rights held in and over the resource CC BY-NC-ND Subject The topic of the resource Laws, Workman's Compensation Description An account of the resource Booklet with Wyoming's Laws on workman's compensation. Held together by staples stored in an orange folder. Type The nature or genre of the resource Text Identifier An unambiguous reference to the resource within a given context 1-0245 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/a46a4b9a5240840316b2b8bcad2e730c.pdf 71fe6006bce33a8f7bece2671811a153 PDF Text Text THE LEGISLATURE OF Tl-IE ST/l'i':S OF WYOTHNG Senate Chamber Cheyenne, Feb. 5, 1935 Mr. President: Your Cor.Jmi ttee No. 17 on Iviechanical Manufacturing & Labor Pursuits to whom was referred s. F. No. 3? respectfully reports same back to the Senate with the recommendation that the same be amended as follov:s, and that as so amended it do pass, namely: On page 5, line 11, insert a period after the word "injury" and strike out balance of Line 11, all of Line 12, and Line 13 through the word ''degree". Page 5, line 13, strik~ the \'lord "surviv i ng". Page 5, line JA, followi n2; the word "che.:_'J ter'', insert the words "nor shall such fact influence any award made her eunder". Page 5, line 15, strike the word "deceased", and inser t in lieu thereof the v.r ords, "work:r..an by a narriage dul y sol emnize d by lc 0a l ceremony". Page 6, line 3, stri ke out t he quot ation marks ap p e aring a fter the word "injuries". Page 10, between l i ne 7 an d 8 , insert the foll owi n G para graph: ne very employer, who , for any reaso n, includi n g cessation of operations, fails to pay a .service e.11. d po l icin g char £;c of not less than two ( ::·2.00) dollars during each cale nda r r:i.onth , sh a l l be r e quired to pay on r...i.. J" l"l'TJ" e C•·~, . . J...J . ~. I qLli:C6ci tu q'1m r,f • ' "' ·• · .f i· •r.-, >w- ..,, li'i:::; , , v -. "'"') ._ , I :cc s u;.J.G p c..y.L'.lc.J ll l:. n:{ r"1 ,...,,,.~ ~ ... ( .. ,.. --· ::;e r v i c0 &nd. 1°-1 "'!. r -, •• -~ ° '.1l f:l' L'- c- ; ..t· r, ,'1 • _. 1 r,. I....,· 1'1·,··<:~ c:- (1 1' ·- p oli ci ng char ge . ;- ·•n- - 11 Line 18 , Page 1 0 , bG amende d by ch ang ing the f igurc s "10.00" to "10.10". That the ,r sign be added befor ~ th e first a nd lc1st figures in each of linos 1 9 to 25 inclusive, -pace 10. That the figur~ of 7.50 in line 21 be; c hanged to 7.00. ' That the figure of 10.00 at the (md of line 22 be changGd to 9.00. That the figure of 15.00 at tho end of line 23 be changed to 11.00. 1_ That the i'igurc o:f 20.00 at th..:. 0nd of' lino 24 b o changed to 13.00. That th.:; i'igurc of' 25.00 nt the end of line 25 be changed to 1.5.00. That lines 1 to 8, pagG 11, be amended by adding the~ sign before the first and last figur e s in said lines. That tho figure of 30.00 in line 1, -page 11, be changed to 17.00. That the figure of 35.00 in line 2, page 11, be chang-:.:d to 19.00. That the figur" of 40.00 in line 3, page 11, b e changed to 25.00. That th.: figure of 45.00 in line 4, page 11, be chanced to 35.00. That the figure of 60.00 in lino lS, page 11, be changed to 70. 00 .:I ·rha t the figur0 of ?5.00 in line 7' pago 11, be chan ged to go.co: That the figure of 100.0C in line 8, page 11, be changGd to 125.00. �That lin0 9, page ·11, bz stricken and . that there be inserted in lie u th.::;r0of th0 following: .. Ove r ) 750.00 --------------------------------- ~150.00, That lin0s 10 to 15 inclusive , page 11, b e stricken. Page 13, lino 19, following .t he vrords "and othe r costs" insert the words "as herein provid;,;:d". Paga 14, l in..: 21, sD ,:)11 th c word "st iffnc ss" correctly. Fag .::: 14, line 22, imm.cdia t c ly following the words "make. the II insert the words 11 f ingc r or", and strike the words "more than 11 • Page 15, lines 17 and 18, ins u rt th e. f'ollov!ing paragraph: ''in any case whcr0 any employee suffe rs a n a c e id ont undor the t e rms of this e..ct, and v,rho los e s any pa rt of the body which ca n be repl a ced by artificial means, such c,mp loyc : , in addition to th0 bc n c fi ts of this act, shall he entitled to an a rtificial r e placeme nt the r e of in an amount not to cxcc.c d one hundred a nd fifty ( ~:-1 50 .00 ) dollars. Page 15, line 20, correct the:: spo llin g of the word " be ". Page 15, line 24, strike out the words "VJ i th whom he is living". Pag 0 16, -lin a 2, i rm:!1;.:.diat e ly :pr<3 ce di n g t he word "condition", insert the words "amount of award to c onform to any change in the ". Page 16, lino 9 , insert immediate ly pri or to th e, word "disability", the v,-ords "p e rmane nt partial 11 • Pag1S 1 6 , lino 10, inse rt the v1ord "::pa rti o. l" b e t\·;GGn th e words "permanent" and "disab ility"; and strike out th·: word s "p e rc e ntage of disability" and ins ~rt in liGu th er e of the word "awa rd". Pago 16, line 11, strike out the 'iVOrd "p-vrc c ntagc" and insert in lieu there of tho word. "amount". Page 16, line 12, strike out t .h c words, "previous disability as it existed at time of subsequG.nt injury", and insert in lieu thGrcof tho words, 11 award paid for such previous permanent partial disability''. Pae;0 lo, lino 17, strike out the words Pase lo, lin..:. l9, strike out th1..; lotter 11 wi th whom he is living". ''s" on thG word "awards". ... Page 17, lino 20, strike out tho words "vvi th HhOI!11. h L is living". Page 18, lin,::, 4, strike out all words after word "but" to tho end of th·.:: sen t..:nco in line 7, and insert in lie u thereof, "in no case where c01:ip0nsc,tion is awarded for p ermanent partial disability or permanent total d-isabili ty, shall th era be dGductGd therefrom any amount awarded and paid, on account of temporary total disability." Page 19, line 11, insert the v:ord "such n bet, 6on the: ·words "every" anc. "case''. Page 22, line 1, strike out the 'li•Iord "partial" and ins-:.:rt in lieu th.:.:rcof the word "total". �StrikG the words and figur es "sixte (m ( 16)" wl10rcvcr th0 sams appear in the bill in reference to the ae;e of boys, and insert in lieu thcr0of, tho words and figur e s "0ighte0n (18)", said words and figures ap-pcaring on th6 following pages and lines: Page 5, lines 17 and 24. Page 17, lines 2, G, 7, and 22. Pago 18, line 8. Page 20, linos 4, 1 6 , 18, 21, and 22. Pugo 21, lines 3, 9, 14, 19, and 23. Page 22, lines 6 and 7. (Signe d) R.H. Sanders Chairman �t.. -A- FGbruary 6, 1935 ' ~nandmonts to Standing Comrn.i tt. 0 c Rc;p ort -- .. Senate Fil o ·No• 37 • I rn.ovG that th e linGs g to 15, page 11 strick e~ by tt·hcd Santadni!~~ . 4 , :J, r:: 6 ° nd 7 be . reinsGr c committee Report, page 2, 1 inc , , o. th-3 charg,~s in those lines b e. c:J.mcnde,a &s follows· Arn.anJmcnt to the arn.0ndrnont of Sta nding Cornrn.itt ~o : Th,At the lines stricken b ~ r e stor e d to r e a d as follows: Page: 11, line 9 strike ')125.00 and inse rt ''-~ 175.00" Po.g .:; 11, line 10 strilm ~~150. 00 and insert " .250. 00" Po.g r· 11, lin0 11: strilrn ~~175.00 and insert "~?350.00" Page 11, 1 inG 12, strike ~?200. 00 a nd in s e rt "~~50 0. 00" 11 Pa ~c: 11, line 13 , strike ~-i'· 225. 00 e.nd inse rt ::.tr, 700. 00 " Pn::,c 11, line 14, strike ~-i' 250. 00 and ins e;rt " i.t'90 0. 00" 11 Pe.g .::, 11, lino 15, stri:(<c ,;; 300. 00 and insert "4?1000.00 ~ - BSena t e File No. 37. Feb ruary 6 , 1935 Mr: Pre s id en t: I move th n t an a ddit i onc. l p ct r a c r c ph b e a dde d on p2.g o 4, line 20,: us follows: ( g-1) "DudG r a nching " for the purpo se of this c ha pte r is defined and means a ranch conducted pr imnr i l y for th e a ccommoda tion and entertainment of guests for monct nry considc r o. tion;" 11 Also - on page 2, lin e 9, a ft e r tho word "opera. t i on" insert the words "Dude Ra nching," February 5, 1~35. N:r. Chuinncn : I move thc t Scnnte File No. 37 be amonded c.s follows: Aft cn the period in line 21, pa.go 8, c.dd the following: "Where c.:.n 8.WC..rd of co:mpcns:--.tion hr::s b een m::.de in f e. vor of f;n injured cm-ploy::::c, r-.n ,·.p-plicr:. tion m,'.y bo me.de to th13 court by c i thcr po.rty, l':.ny time rStG r one ycr:r from the d::: -:.c of tho EWErd, for L mod if ice. tion of the c,mount of tho c.vv .rd, on tho ground of incrce:. sc or de cre:r s0 of' inc~~~city due solely to th~ injuiy, or upon the ground of mistokc or 0 f'r , .ud." Scn·:.tc File No. 37. Lino 2, of the ti tlc of the printGd bill :: ftGr the fi gurc s "124-106-7," insert "Section 124-112," '3cction 7 of the bill b e ch ,·. n gc d to rc r.d Section 8. :Mr • Che: i rmr, n : I =nave th:·. t Sen2tc File No. 37 be ::-,mended by inserting r;ft c r Section 6 tho following: Section 7. Th z.:.t Section 124-112, Vty'oming Revised Str.tutos, 1931, bo r-.L."TI.c.;nd .:. d ::lnd rc-vnc-. ctcd to r.:::. c.d r~ s follows: �Section 124-112. Whenever :·.n a ccident occurs, er. using injury to E::ny workm,m cngc'.gc d i.n 2.ny of the oxtrr::-hc zr-.rdous employments ~o~incd by this ch2.ptor, it sh£' 11 b e: th8 duty of the employer c.nd tho inJurcd employc, or somconG on his bch~lf, or in bc h8.lf of th.: injured . . cmployc's dependents, if he be killed or die s from th~ injury, within 20 dr:.ys thl;r\3 :.:. ftcr to mcke· - report of such c. ccidcnt end tho ~'.ppc.rcnt injury resulting th •.:rcfrom o.nd to fil0 s ,:id report in the office of tho clerlc of thG district court of the county wherein such c. ccid c nt occurred which report sh :.,11 st :··.tc: PROVIDED, HO '✓,EVER, _THAT LACK OF Sil.If NCTI C'."S BY THE INJURED E I.PLOYEE SHALL NOT BAR PROCEEDINGS IF THE EMPLOYER HAD ACTUAL NOTI .:·E OR KNO'.iLEDGE OF TI-:E INJURY. • . ( l) The nmnc of the injured workm<.~ n end the time, cr-:. usc a nd natur e of the c~ccidc nt n nd the injury; :. lso wheth..:::: r tha injury he.s tisr.blcd the workman from continuing the perform 2.nc0 of his du tics; ( 2) Whether tho E, ccidcnt occurred while the workme. n wcs cng::.:.ged in the duti.es of his employment, r:,nd grew ou.t of the employment; (3) Tho n r, tur e of the employment n nd the dutie s c,nd how long tho worlmi~n h~s b Gon c ngnge d in the serv i c e of s uc h employer; (4) Whether the c.ccidcnt W[) S o r wc.. s not duo solely to tho culpe.bl0 negligence of the injured cmploye :-.nd if so, e. st,;t emcnt of the f r.. cts; (5) Whether the injured workmr:n is m.n rri cd or single; whether he hr:.s c. d e pcndE:.nt frmily, c,nd if so, th e n r:m c s of the persons comprising such dependent ff'.Ill i l y e. nd th ~ i r pl 2. c c of r o sidcn cc; ( 6) ·,11..otlrnr the injured vrnrkrn: :n int en ds to cl:: im compe::ns r. tion under this ch~ptor. s c~ id employe r's report of n cci dcnt mc.. y bo m'."! de upon r:. printed form pre p a red by the s t c.tc trG :.suror fo r such purposes, r.md shr~11 b e vorif ied c.s plc c.. dings in civil 2. ctions. Wilful f c. il uro or rn~glcct, on th e p,~.rt of r. ny cr:iploycr whos0 business or occupo.tion is one cnumcr,' ~tcd :·.nd def inc d her (, in o.s b e ing extrc.-h~~_z c,.rdous, to report a ccidents cr:.using injury to a ny of his employcs, sh::::11 be c. misdc:mcc, nor r.. nd upon conviction such cmployor sh:.'.ll be punished by a. fine of not cxcGcding Five Hundred ( ~500. 00) dollc.rs. Tho injured employe's report of ~ccidcnt mcy be made upon a printed rorm pr0purcd by the st~te tre~suror for t&.t purpose. No order or c-.wc.rd ror corn-pcnsc tion shell be mc:.de unless, in 1;-. ddi tion to the re-ports o:f :::.ccidcn t, :·.n ~,.-pplic.::-,tion or cl.:-.im f'or c.wc,rd is :filed by the i njure d ·worlan::i.n, or someone on his be;hal1', or in crtso of' de e. th o:f the in jured worlonun, by his dGp•..:l ndcnts or someone in their bc..hn.lt', with the clerk of the district court in the county whorcin such ac cidents occurred, vii thin 0:i\TE T:~AR a fter the de.y of which tho injury occurredo Ncith0r the reports of r~ccidonts nor c.nything the rein cont~::.incd sho.11 consti tut G r~ clc.im for compcmsc.ti on. Ths employo' s cl~im for compcns t: t ion m;:y be ,:m1cnded c. t r.,ny time before en originP- 1 order of a.we.rd h < s bcGn m,-:,. dc in order thn t tho workman m(ty corrcc tly set out thG nat._. urc of his injury. �THE LEGISLATURE OF THE 3 T.AT:S OF WYOMING Senate Chamber Cheyenne, Feb. 5, 1935 Mr. President: Your Cor.rraittee No. 17 on Iviechanical Manufacturing & Labor Pursuits to whom was referred s. F. No. 37 respectfully reports same back to the Senate with the recommendation that the same b e amended as follows, and that as so amended it do pess, namely: On page 5, line 11, insert a period after the word '!injury" and strike out balance ·o f Line 11, all of Line 12, and Line 13 through the word '' degree''. Page 5, line 13, str i k~ t he v1ord "surviv i ng ". Pag e 5, line 14 , followi n g t h e wo rd "cha :9 ter " , ins e rt t he- words "nor shall such f a ct inf 1 ue n ce a n y award made h er e under'\ . Page 5, line 1 5 , strike the word "decea s e d", a nd i n s er t in lieu thereof the vIOrd s, "worlc :an by a na rria g0 du ly so l emniz e d by l e ga l ceremony". Pa g e 6, line 3, strike out t he quot at i on marl<:s ap p e er ing a fter the word "injur ies". Pa g e 10, bct~ een l i n e 7 and 8 , i n se rt th e f ollowi n ~ pa r agraph: " e very e mp l oye r, wh o, for any re a son, i n clu di n g ce ss a t i on of operations, f &ils to pa y a s ervi ce e.n9- po lic i n g ch a r g e of not l e ss than two ( ::· 2. 00) dolla rs during· ea ch cal e ndar rion t h , sh& l l . be r e quire d to pay an ini ti eal sum of f i v e ( ;15 . 00 ) u. oll a rs u p o n r e s urd n g o r b ei ng rcq:.tired to r e su.---:J.G p ayi:1e nt o :f s ervi c e and po li cing c ha r g G." Linc 18 , Pag e 10 , bG amen de d by chang ing the fi g ure s "10.00" to 11 10.10 11 • That th e -rl' sign be a dd e d b GfOr 3 th\;, first a nd l &st figures in each of lines 1 9 to 25 inclusive , p a5e 10. in linG 21 be change;d to 7.00. Tbat the figur.:; of 7.50 ., That the figuro of 10.00 at the 0nd of line 22 be changed to 9.00. That the figure of' 15.00 at the end of' line 23 be changed to ll.00. :\ That the f'igurc of 20.00 at th o l..)Ild or line 24 b...., changed to 13.00. That the f'igurc of 25.00 at the end of line 25 be changed · to l5.00. That line s 1 to 8, p agG 11, b e eJncndcd by adding tha ~ sign before the first and last figur e s in said linas. That the figure of 30.00 in line 1, uac:·o 11, b e change;d to 17.00. . c, That the figure of 35.00 in line 2, p 2.:-!C 11, be ch a n g .:d to 19.00. That thc figur e of 40.00 in lin("; 3, page 11, b~ changed to 25.00. That th.: figure: of 45.00 in line 4, page 11, b e chanced to 35.00. I That the figur0 of 60.00 in line 0, pago 11, b e chrmgcd to 70. 00 ..1 Thut the figur.:.. of ?5.00 in line 7' page: 11, be changed to 90.00: That, the figure of' 100.0(; in line 8, page 11, be chan1scd to 125.00. ------ �That lin0 9, page 11, bG stricken and that there be inserted in lieu th0r0of the following: • Over )750.00 --------------------------------- ~150.00. That lines 10 to 15 inclusive, page 11, be stricken. Page l3, line 19, following the v-1 ords ''and othe r costs'' insert the words "as herein providc:d". PagG 14, lin-: 21, su o ll the word "stiffne ss" corre?tly. Pag s 14, line 22, im.,'TI.cdiat c ly follovving the words "make the" insert the words ''finge r or", and strike the ·words "mor8 than". Page 15, lines 17 and 1 8 , ins e rt th e follov!ing p€tragraph: "in any case where any employee suffe rs cm a cc.id cmt under the t e rms of this a.ct, and who los e s any p a rt of the body which co.n be r ep l a ced by artificial means, such ~mp loyc c , in additi on to th0 be n ef its of this act, shall be c ntit'i cd to an a rtificial r e plac eme nt th -,rc of in an amount not to exce e d one hundred a n d fifty ( ~;150 .00 ) dolla rs. Page 15, l _inc 20, corrc ct the sp c; llin g of the vwrd " be" . Page 15, line 24, strik~ out the: words "with whom he is living". Pag u 16, lin0 2, immediate ly p r c:: c eding t he word "condition", insert the v1ords "amount of award to c on for 1~1 to any c hange in th e ". Page 16, lin0 9 , insert irnrn.Gdlat e: ly p rior to the, word "disability", the v;ords "p crma n0 nt parti a l". Pag0 1 6 , line 10, insert the viOrd "pa rt ia l" b o t\ .c c n the words "permanent" and "disabili ty"; and strike out th e word s "pcrc 0ntage of disability" and ins-~rt in l ie u th er e of the word "award"· Page 16, line 11, strike out the word "p-..,rccntagc" and insert in lieu there of the word. "amount". Page 16, line; 12, strike out tht. words, "previous disability as it existed at time of subseq_ucnt injury", and insert in lieu thcrGof' the words, "a\'lard paid for such previous permanent partial disability''. Pa~.:; 16, lino l?, strike out the words "with whom he is living''. Page lo, lin.; 19, strike out the lotter ''s" on th:.;:. word "awards". Pag..:. l?, 1 inc 20, strike out tho v-.rords "with uhom~. h ~ is living". Page 18, lin.:: 4, strike out all ·words aftc.r word "but 11 to the end of th·.:: scnt0ncc in line 7, and insert in li e u the reof, "in no case where. cmaponsc t ion is avmrd.cd for p..:-rmancnt partial d.isab ili ty or pc rmanont total disability, shall there bs deducted therefrom any amount awo.rdcd and paid, on account of temporary total disability.-" Page 19, line 11, insort the v-.,ord "such 11 bet ,. 1Scn the words "every" and "case". Page 22, line; 1, strike out the word "partial" and ins~ rt in liou th~,r0of the word "total 11 • �StrikG the; words and figures "sixtB . -.m ( 16)" vvh e rcvcr th0 same appear in the bill in reference to tho age of boys, and ins ort in lieu thcr0of, the words and figur e s "oightecn (18)", said words and figures ap~caring on thG following pa ge s and linGs: Page 5, lines 17 and 24. Page 17, lines 2, G, 7, and 22. Pago 18, lino 8. Pa3c 20, lines 4, 1 6 , 18, 21, and 22 . Pago 21, lines 3, 9, 14, 19, and 23. Paec 22, lin es 6 and?. (Signc .d ) R. H. Sande rs Chs.i.rman �-A- February 6, 1935 -· ~ ~'Amcndraonts to Standing Committ --: c Re;port -- ·-scnate Fil e 'No. 37. I movG that the linGs 9 to 15, page 11 stricke~ by the Standing committee Report, page 2, lin e 4, 5, 6, and 7 be reinsGrtcd and that t);l,:; cho.rg.;_; s in those lines b e c:.mc ndcd e.s follows: Amendment to the omondracnt of Standing Committee: Thc.t the lines stricken b ~ r e stored to r ead as follows: Peg;:; 11, line 9, strike ')125.00 o.nd insert \~-Sl 75.00" Pcgc 11, line 10, strilm ~? 150.00 and insert '';-250.00" Po.g (, 11, line 11, ·strilrn ~~175.00 c.nd insert "$ 350.00" Page 11, line 12, strike ~ 200.00 .and insert "~~500.00" Pae;c: .ll' line 13, strike ~~223 .00 c.nd inse rt " $ 700. 00 " Pe so 11, line 14, strike :; 250.00 and inse rt "-~-900.00" Pag e 11, lino 15, strike '.~300.00 and insert 11 ! 1000.00 11 - BSenate File No. 37. February 6 , 1935 Mr. Pres id en t: I move thn t an o. ddi tionn l p c., rEJ. c;r "ph b e a dde d on p a ge 4, line 20,: us follows: "(g-1) "Dude r an ching " for the purpo se of this cha p't cr is defined and means a rnnch conducted primo.r i ly for the o.ccornrnodation and cntertc.inment of guests for monct n ry consi dc r o. tion;" Also - on page 2, line 9, aft e r tho word "oporo.tion" insert the words "Dude Rnnching," February 5, 1~35~ Tu1r. Chcinncn : I move th~ t Sonnte File No. 37 be amended ~s follows: Aft0r the po riod in line 21, pngc 8, c.dd the following: "Where e n 2-wc,rd of compensc-t. ion hr.·. s 'be•:::n m::-:de in fe.vor of nn injured c:;mploycc, 2.11 :-.pplicf.'.tion m::-·_y bo me. de to thG court by either p u rty, ,:·.ny time {'.fta r one ycnr from the dr.. t.c or th o 2.wecrd, for ;:_ modi:ficl: tion of th0 ::-..mount of' tho aw-··.rd, on the ground of incrccse or dGcroPsc o-r incr~p a city due solely to the injury, or upon th-::: ground of.' mistnkc or f'r ,·_ud." Scn-.. t-:. Fil.c. No. 37. Linc 2, of the title of th:.:. printed bill :1ft0r the figur.:s "124-106-7, 11 insert ''Section 124-112," Section 7 of the bill be ch c. n gc d to rc r.d Section 8. Mr. Chr irm:-, n: I ::no vc th :-.t Scnc te File No. 37 bo ::--,mended by inserting r.ft -:: . r Section 6 the following: Section 7. Th:.:.t Section 124-112, Wyoming Revised str.tut0s, 1931, be :.J.IDcnd.:...d 2..nd r0- ..... nc ctcd to r.::; c. d n.s follows: �"d t rs c ~using injury to S<::ction 124-112. 1fJhonevcr r. n r::. cci en occu ' <. ' t defined • f th "'xtr ... · hr• z,;- rdous omploymon s c:-ny worlan,.n cngo.gc d 1n 8.ny o c c "-- ,. '' • • ,., d thr- injured by this chr>.pt-Jr, it sh e 11 b :: the duty of the employer <--- :1 . ::d employ.,:;, or some one o·n his be h2- lf, or in bc hc. lf of th ,..; :n~ urv within r..mp· loyo' s dcpondE:nts if he be: killed or die s from the in Jury' t v ' • d t ,., d the. r'·:-pp"rcn 20 dr..ys th0rc Lftcr to mo.ke • report. of su?h c~ cc1 e n. c,n ... :·· . injury rcsul ting therefrom a nd to f 11G s ?. ld report ~n th~ 0 !fi~c of tho clerk of the district court of the county wherein such <-.ccidc nt occurred which report sh:..11 st c-.tc: PROVIDED, HO\\EVER , THAT LACK OF SAif NCTI (,'.S BY TEE INJURED EI.'IPLOYEB SHALL NOT BAR PROCEEDINGS IF TH"E EMPLOYER HAD ACTUAL NOTI ,:·E OR KNOWLEDGE OF THE INJURY. ( 1) The n r:rnc of the inj urc d worlane;.n cmd the time , cr-:.usc 2. nd ne.turc of th e c.~ ccidc nt .::t nd the injury; ,. lso whc th0r the injury hns «<.iscblcd the workma. n from continuing the pcrform c..nc c of his duties; ( 2) Whether tho 2, ccid cmt occurred while the workman wr:s cne;r-.: ged in the duti e s of his employment, E,nd grew out of the employment; (3) Tho n r.turc of t he emp loym ent r-,n d the dutie s c:.nd how long tho workmc.n h::s been cngnged in the serv i c e of s uch employer; (4) WLcthor the c.ccidc nt rue s or we. s not duo solely to the culpe.ble negligence of the injurGd omploye ,:.nd if so, 8. st,,temGnt of the f ,. cts; (5) Whether the injurad worlmit'. n is ma rri ed or single; whether he hr.s c. depcndE-nt f r-.mi ly, c.nd if so, th e n c:mGs of the persons comprising such depend ent f 2.mil y ~nd th e ir pl2 c c of r e sidence; (6) :, n~cthGr the injured vrnrkm:-: n int e nds to cl:: im compensc.. tion under this chGptcr. S c. id employer 's r ep ort of o. ccidcn t mc y be m::.. de upon P.. printed form prepa red by the s t (:te: tre; : .surc r fo r such purposes, e nd sh[~ll be v e rified ~s plc ~ dings in civil ~ ctions. Wilful f a ilure or nGglcct, on th e p,. rt of r- ny eraploycr wh os0 business or occupn tion is one cnumcr-',tcd ,:nd defined her e in as bGing extre -hf'. z ::-·. rdous, to report nce:idcnts e r. using injury to a ny of his employcs, shc:11 be a misdc::mcc. nor :::.nd upon conviction such employer sh r:ll be punished by o. fine of not cxccGding Five Hundr(;d (-l:;500.00) dollc. rs. The injured employc's report o~ ~ccidcnt m~y b0 made upon a printed rorm pr0pcrcd by the stcte trc~surcr for th~t purpose. No order or cw~rd f'or compcnsr:tion shell be m r~dG unless, in i::ddition to the reports of' :::-..ccidcnt, r m ::-,pplic:::.tion or cl.::.im i'or c.vJC,rd is :t'ilcd by the injured v;orkmo.n, or someone on his behalf', or in cnso ot: de e. th of' the inj urcd wo rkmu n, by his dGpcndcn ts or someone in their b0hnlf', with th0 clerk of the district court in the county wherein such a ccidents oce;urred, within OJ\TE YYAR a ft Gr the de.y of which the injury o ccurrod. Nci thar the re ports of r:ccidcn ts nor c.nything the re in cont('::.inGd shall consti tut G c~ cl.9..im for corn.pensn ti on. The cmploye' s clet im for compuns ~:t ion mc.y be mncnded c. t r.~ny timo before r.n originr. l order of n.we..rd h ~ s boon me.de in order thc. t the work.rn.C1.n mr.y correctly set out the. ne.t .... urc of his injury. ~ �THE LEGISLATURE OF 'l'HE 3T/1T:S OF 'vIYOlHNG Senate Chamber· Cheyenne, Feb. 5, 1935 Mr. President: Your Cornni ttee No. 17 on Tviechanic:al Manufacturing & Labor Pursuits to whom was referred s. F. No. 37 respectfully reports same back to the Senate with the reco1mnendation that the same be amended as follo ws, and that as so amanded it do pe.ss, namely: On page 5, line 11, insert a period after the word "injury" and strike out balRnce of Line 11, all of Line 12, and Line 13 through the word !'degree ' 1 • Page 5, line 13, strik~ the v1ord "surviv i n g ". Pag e 5, line lL.!: , follow ing t h e word "cha ~)ter '', .ins ert the words "nor shall such f a ct influence a n y a ward made her c under' 1 • Page 5, line 1 5 , s trike the ·w ord "deceased", a nd insert in lieu thereof the v!ord-s, "work::•:an by a na rria ge duly solemn ize d by l e ,:;al ceremony". Pa g e:: 6, line 3, stri k e out t he quo t a t i on mark s ap p e aring after the word "injuries". Pag e 10, bct½een line 7 and 8 , i n se rt the f ollowi n 6 p a r agraph: " e very e mp l oyer, wh o, for any rea son, i nc l u d i n g ce ss a t ion of operations, fails to p a y a s erv i ce en d po lici n g chc.r g e of no t l e ss than two ( ::· 2. 0 0) dolla rs during ea ch cale n dar r:10 11 t h , sha l l b e r e quir e d to pay an initi ea l sum. of f i v e ( .;'.; 5 . 00) doll a i~s u p on rcs ur1i.i n g or b e ing r e q uired to r e s uraG p a yne nt o f s e rvi c e a nd p oli ci n g c ha r ge ." Lin c 18 , Pag0 1 0 , b G ame n de d by chang in g the fi gure s "10.00" to "10.10". That th e ·if sign bo added b cfor3 t h e first and l a st figures in each of lines 1 9 to 25 inclusive , p ai:;e 10. b(; changed. to 7.00. That the figur-3 of '7.. ., 50 in line 21 That the figure of 10.00 at tho end of line 22 be changed to 9.00. That the -figure of' 15.00 at the end of' line 23 be changed to 11.00. :\_ That the :figure of' 20 .00 at th e. 0 nd That th .:; :ri g ur..; 0 :i' 25. 0'.) at the of' line 24 be: changed to 23.00. end of' line 25 be changed to l5.00. That lines 1 to 8, pagG 11, bo am.ended by adding the ~t sign before the first and last figures in said lino s. That the figure of 30.00 in line 1, ua c·,3 - 0 11, be changed to 17.00. That th e figure of 35.00 in line 2, pn z c 11, b r , chang0d to 19.00. ,✓ That th e figur e of 40.00 in lin,:, 3, pag,.;; 11, be; chang8d to 25.00. That th.: figure of 45.00 in line 4, page 11, b (. chanced to 35.00. That the f igur.::: of 60.00 in line 6 page 11, be changed to 70. 00 . .I' ' That the figur0 of ?5.00 in line 7' pag...:: 11, be changed to 90.00: That the figure of 100.00 in line 8, page 11, be chan[scd to 125.00. �That lin0 g, page 11, b e stricken and that there be ins e rted in lie u th0rt:of the following: Over i 750.00 --------------------------------- ~150.00. That lines 10 to 15 inclusive , page 11, b o stricken. Page 13, line 19, followin g the vmrds "and othe r costs'' insert the words 11 as h erein provided". Page 14, lin -: 21, sucll the word "stiffness" correctly. Pag e 14, line 22, imr.icdia t c ly following the: words "make the" insert tho words "f ingc r or", and strike the words "more than". Page 15, lines 17 and 18, ins e rt th e. f'ollov.ring p a ragraph: "in any case whor~ any employee suffe rs a n a ccid0nt und e r the t e rms of this a ct, end vvho los e s any pe.rt of the body wh ich cun b e repl a ced by artificial means, such .:-mp loycu , in addition to th0 be n e fits of this act, shall h e entitled to an a rtificia l r e pla c eme nt t he r e of in an amount not to cxccv d one hundred a n d fifty ( ;::150 .00 ) dolla rs. Page 15 ,. linG. 20, correct the sp o llin g of' the vrnrd "be". Pago 15, line 24 , strike out the words "with wh om he is l i ving". Pag 0 16, lin0 2, i rmn(. di at0 ly :9 r '3 c eding t he word "cond ition", insert the words " a mount o f awar d to c onforr.1 to a ny cha nge in th e ". Pago 16, lin\_; 9 , ins e rt immedi a te ly pri o r to the. word "disability", the words "p c rme..nc nt part ial". Page 1 6 , lino 10, ins e rt the vmr d "p a rt i a l" b c t\,e;cm th e words "permanent" and "disab il i ty 11 ; a n d str ike out t h e word s 11 ·p c rc c n ta gc of disability" and ins ~rt in li Gu th e re of t he word " a wa rd". Page 1 6 , line 11, strike out t he word "p :... rc c n t a gc " and insert in lieu there of tho word " amount". Page 1 6 , lin:: 12, strike out tht. words, "pr~vious disability as it 8Xist c d at time of subsequent injury", and ins0rt in lieu thcrGof tho words, "avmrd pa.id for such previous porm::mcnt partial disability". Pag.:i 16, Page 1.o, line 17, st1·ikc out the words "with whom hE:. is living". lin...:. 1. 9, Pag-.:. 1.?, 1 inc 20, strike out th\.., L.:::ttcr ,, s" on th ..: word "awards". strike out the words "·with Hhom~. h e. is 1.i ving". PagG 18, lin..:. 4,, strik e out all words aft er worn "but" to the e nd of th,.:: sen t ,mcc in line. 7, a nd inse rt in lie u the reof, "in no case where c01.1pe;nsa tion is ·£lvm rdcd for p 0rmancnt p a rti a l disa.bility or permanent total dis&bility, shall th c r n be de.ducted therefrom any amount awarded and paid, on account of t?::riporary total disability." Page 19, line 11, insert the v.'o rd "such" bet'. s en the words "every" and "case". Page 22, lin(; 1, strike out the v,: ord th.,rcof the word "total 11 • 11 partial" and ins-:.;rt in liou �Strik~ the words and figures "sixt~0n ( 16)" whe rever th0 same appear in the bill in rcf0rcncc to tho ag0 of boys, and ins ort in lieu thereof, the ·w ords and f igurcs "eighteen ( 18) '', said words and figures appearing on th,:;, following page s and linGs: Fag~ 5, lines 17 and 24. Page 17, lines 2, o, 7, and 22. Pago 18, lino 8. Pa50 20, linos 4, 16, 18, 21, and 22 . Pago 21, lines 3, 9, 14, 19, and 23. Paec 22, lines 6 and 7. (Signe d) R.H. Sande rs Chairman �-A- FGbruary 6, 1935 ~.Amcndmonts to Standing Commi tt oc Rc;p ort -- --scna te Filo ·No· 37 • . age 11 strick en by the Standing I move that th e lin 5 s ~ to .1. 15 ~ p 6 , a nd 7 bo reinsGrtcd and that committ e e Report, page _2~ lbi~c _, '/ ~~d ~s follows: th3 charge s in those lines ~fucn c V Amendment to the am0ndraont of Standing Committ ee : Thr,.t the lines stricken b ~ r e stor e d to r eed ~s foll~ws: . -~ a strike •"· 125.00 und .insert ~t~l75.00 Pa ge 11, 1 lnv ~ ' ' er t 11 250 • 00" line 10 c:trikc r( ~~ 150. 00 and ins .Png -3 11, Pc.e;c 11, line 11' ;trike t~l75.0 0 1.r n d insert 11"~ 350.00" kn.., •J:•200. 00 a n d .in s0rt ~•~r500. 00" r:.. , s~-r1· v • ~ · Page 11, l in0 1 ~' 1 inc 13 strike ~ 225 . 00 c:, nd inse rt " ~ 700 • 0 0 " Paeo 11, ' ~ 50 • 00 and ins 8rt w 900 • 00" Jr 1000 OO" P8. .SC 11, line 1 4 , strike 1\. 2 • Pag -::, 11, linc . 15, strike ~30 0 .00 and ins e rt ~ - BSe na te. File. No. 3 7. Fcb r1.m ry 6 , 1935 Mr. Pre sident: 8.S I movo th nt an Gdditiono. l pE...ra s r " ph b e. c d dc d on p s.gc 4, line 20 ,: follows: "(g-1) "Dude r rt nching" for th e purpo se of t h is cha pter is defined and means a ranch conducted primo.r i ly for th e a ccommodation and entertainment of gue sts for monct e.ry con s i dc r D. tion; n Also - on page 2, line 9, e ft c r tho word "opcro.tion" insert the words "Dude Ranching," February 5, 1~35. Tu~r. Chc.in:n.r.n: I move tha t Sen~te File No. 37 be ame nded cs follows: c:.n After the period in lin0 21, page 8, e:.dd the following: "Where of compensr-tion hr. s b Gcn mc:dG in f' e.vor o:f c:h injured cm- 2..w r rd -ploy~c, :2.n :·:p-plic r~tion ru0.y be ra2. dc to thG court by c i thcr p a rty, c·.ny time r:.ft'7-r one yor:r f'rom the dr. tc of the e.wc,. rd, :for r. modif'icc.tion of' th~ ::-.mount, of' the <:>.w". rd, on the ground of' incrccsc or dccrc. r. su o-t: inc~:p a c.:ity due solely to i'r;-.ud." scn -:.t c "Fi.l.c ?-l o. thl,; injury, or upon th~ ground of P.Iistnkc or ~?. Lin ::: 2, of' th.::. titlu o:f ·th,.:., ,:,rintcd bill :::..f'tor the :figuros "124-106-7, '' ins e rt ''.Section 124-il2," section 7 of th0 bill be ch :·.ng•:, d to rc r.-.d Section 8. r~rr . c h t i :rrnf'. n : I movo th:··.t Scmc to File No. 37 be ::-,mended by inserting r~ftGr Section o tho following: section 7. Th:.:.t Section 124-112, V~yoming Revised str tut;.)s, 1931, b~ ~.:.mc.nd . . . d 8.nd r c -'"'nc. ctcd to r(:. :_.d. P. s follows: �SGct ion 124-112. ~Nhcnc vcr ,,n a cc i dcn t occurs, cr.. usinG inju:y. to d E·.ny workmcm engc.:\gc d in 2.ny of the c xtrc -hr. zr.rdous cmpl~yrriont: ~u~~~~d by t h is ch2.pto r, it sh c·11 b G the duty of the employe r L,. :1-d. th~ in J cmploy0, or some one on his be ht•.lf, or i n bc h::::. lf of th.: ~n~ urv d . . cmployc's dependents if he be killed or die s from th(; i nJury, vnthin 20 dc.ys th0r c c,ftcr t~ mo.ke r e port o f suc h c~cc id c n~ c.nd tho '.'·ppc. r~nt injury resulting th (;r c from a.n d t o f i l e s -,id re port i n the: offi~ c 0.1. tho clerk of th e di s trict court of t he county \'lher ci n such c. ccid e nt occurred which r e port sh · ,1 1 st ::·.t c : PROVI DED, HO'i;EVER , THAT LACK OF SAi f NC 'EI C:S BY THE INJURE D EI.':PLOYEE Sl-IALL NOT BAR P ROCESDINGS IF THE E.MP LOYE R HAD ACTUAL NOTI ,: ·E OR KNO',iLEDG:2 OF THE I NJURY. . ( l) The n r-J11c of the injure d worlan,:.:.n <md t he ti me , CE. use n nd hRtur e:, of th e c. ccidc nt a nd the injury; (.l s o wh0th0 r the injury he.s tisr. blcd the workma n from cont i nuing the p orfo rm 2.nce of his duties; (2) Whether tho P. ccid e:: nt occurrod whil e the workma n wc s cng:;.:.god in the duti es of h is 0mploymen t, r:-,n d gr ew out of t he employment; (3) The n r, tur G of the emplo yment c,n d th0 dutie s Ctnd hovv long tho workmc~n h2.s b een c ngnged in the serv i c e of s uc h employe r; (4) Wheth er the cccidc nt wo s or we. s not duo solely to the culpe.blc negligenc e of the injure d cmp loy e 2.nd if so, a st;-'. tcm<:.nt of the f r.. cts; (5 ) Vvhc thcr· t he injur0 d vwrkrnc n i s mfl rr ic d or single; whether ho hr.s c. d.Gp e nd8nt f rmily, c.n d if so, th e n c'-mc s of t he. pe rsons comprising such dep e n de nt f P.mil y e nd th ~ ir p l F.-; c c of r e sidence; 1 .. (6) ·,;i-..e tl1Gr the injure d vrn r krn:: n int en d s to clc-:. im comp c nsr. tion under this ch2.p tc r. S c. id employe r's r e port of u cci dcnt rac y b e mr:. d e upon r:. printed form prGp c red by the s t c:tc trc :. surc r fo r such purpos~s·, n nd shr.:.11 be v e rified [.', s plcc d ings in civil 2. ctions.. Wilful f 8. ilurc or neglect, on th e p ,' rt of r ny er.iployc r wh os-:; busine ss or occupe-, tion is one c nUi.--ncr:-~t c d r. nd defined hcr (.. in as b 1.; ing extrc:-h~: z ::-· rdous, to report 2.ccide nts e r. using injury to 2,ny of his employcs, sh~:11 be 8. misd•.::mcc.nor r.. nd upon conviction such cmploy0r sh ::11 be punished by o. fine of not cxcGcding Five Hundred (~500.00) dollr·.rs. The injured employc's report of z, ccidcnt m~y b~ made upon a printed i'orm pr0pQrcd by the st~tc tre ~surcr for thE', t purpose. No order or c- wc.rd i'or componsc. t ion shell be mc~ dG unless, in .:.ddi tion to the ~,.-pplic ::.tion or cl c.im i'or c.v.rc-.rd is f'ilcd by the injured vJOrk:mD.n, or sor,1con.-::: on his be;hel:f.", or in cnso of' de e. th of' th e injured workma n, by his de:;p ,..:ndcn ts or someone in their bc.hnlf', with reports of' c.ccidont, :· .n the clerk of the district court in the county whor0in such accidents oc c urred, v1ithin ONE T: ~AR a ft er the di::.y of which the injury occurred. Nci ther the reports of f;ccidon ts nor c..nything the re in cont2.incd sho.11 consti tut G 2 cle. im for cornpens c. ti on. ThC:. cmployc' s clfl. im for compcns t: t ion mc.y be ruiwnded c. t E.:. ny time b e fore , .n originP. l order of c.we.rd 11 ( s been .llU:dG in order thc. t tho workman mr.y corroctly set out the nat .... ur~ of his injury. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Prepositioned Legislation Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1935 Subject The topic of the resource Legislation,1935 Description An account of the resource Letters discussing the prepositioned legislation in 1935. Documents held together by a brass bin and two paper clips and stored in a orange folder. Type The nature or genre of the resource Text Identifier An unambiguous reference to the resource within a given context 1-0244 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/9055f23abd8bcf49ccb122dac942477e.pdf 05e9f8d38a0ddc2f13588a6b135eea5e PDF Text Text COlZPEHSATI ON CLAI M WASIL LEVKULICH E1.J:>LOYE OF LI ON COAL CORP ORATION Tra n s.crip t .of Tes t imony by Jay Go Wanner, MoDo A. , �October 24 1 1935 Mr. T. S.Taliaferro, Jrop Attorney Rock Springs , V/y oming . Dear hlr. Taliaferr o: I am returning herewith transcri p t of evidence given by Dro Wanne r in t h e case of Wasil -~ , _ . . ~......... =-~ - ~~v_!{ulich, an employe of the _Lion _9 oa:J,. .Com1J:anyo I found this . testimony very interesting and have had a copy made• for our files. very mu.ch for passing it to me. Thank you This shovv-s the tredn of what s.ome people are trying- to do and 1;vhich will probably get worse before getting bettero Yours truly, . .:. !_._. j i.....f.:..;r ·~J V' ; " ,.,, b 1/t£t:;3; �J. CO ... LT. I. ll. Daylooo . ~~lieing :.'.r .- Taliui' ~-1·0' r; lct-uo:.i;ocethor uitb. •<iho tootimoLY retorrocl to1 �C OP Y THE UNION PAOIFIC COAL COMPANY Rock Springs, Wyoming October 10, 1935 Office of Attorney hlro George Bo P r yde, Vice President and General Manag er, The Union Pacific Coal Company, Rock Springs, Wyomingo Dear Sir: I hand you herewith the testimony of t wo of our local Doctors taken in a case at Green Ri ver on the 2nd day of October, 1935, wherein Pal y, the County Attorney and others claimed an employee of t h e Lion C·:)al Company was permane n tly 51 totally disabled fro m insanityo This case involved someth ing around, I think, $ 8,000oOO. This case ,llill be of interest to you, because I think The Union Pacific Coal Company has one or t wo similar caseso I ·want you t .o read the testimony given by Dra ,'ianner, which illustrates the jeopardy vre are in at all timeso I find out that I make a mista ke in a former case, which mistake I avoided in this case, and I also avoided it in the Union Pacific case of Eugene Griglione. I 'think I told you the many letters and messages that I sent to General Attorney Loomis. I had this transcription made especially for the benefit of 1~r. Be.yless, and I ask you to turn it over to him when you have read Dr. 'Jlanner' s testimony. On second thought, I think it would be well for you also to get a good picture of how easy it is to get one Doctor in ten or fifteen togive testimony, which will support almost any outrageous claim. If Dr. ·:!anner ha d examined this vrnrlciilan constantly from the time that he went to the Denver specialists, the Lion Coal Company would have lost the case. It may be expensive, and this case was ex9 ensive for the Lion Coal Com·Jany, but we must send our patients to the specialists near the ti~-e of trial and after local Doctors have committed themselves. This case was expensive for me, the time that I put in on the case being worth a good deal more than the Lion Coal Company ;.- .•ill pay : ! e f or two :1ears. 1 Kindly treat this letter e,s confidential between you and Ifr. Bayless. Yours truly, (SGD) T. TST:kb s. TALIAFERRO, JR. �The State of Wyomin g ss. I N THE DI STRICT COURT County of Sweetwater ) In t h e l.fa t ter of t h e Cl aim -o f'.7AoIL L EVKULI CH , emp l oyee of t h e Lion Co al Co ml-'any , 1:1a d e under th e \'lo rkmen' s Compensation Lav, . Ho. 8215. Ex cerpts Tr w1script of ~roceedings -o- Green River, Wyoming, October 2nd, 1935. �;r. G. WAfTI\fER . a witness called herein on behalf of the claimant, being first duly s worn according to law, on his oath testified as fallows: Direct-examination by Ur. Ga licich: State your name, p le ase . ;r. G. Wanner. Q,. A. Where do you resi d e? Ro.ck Sp ri ng s, Wyomi n g . Q• A. A. ~- What is your busine ss or prof ession? Physician a nd su rg eon. Q,. A. Ho w lon g hav e you b een a physi cian and s urg eo n? About sevente en ye ar s. Q,. A. How long i n 1I!yomi ng? Fifteen years. ~A. You are of the re gul a r s chool o f med icine? Yes, sir . Q, , A. Do you kno v1 the injur ed wo:rkmo.n , Wa sil ·Levkulich? Yes, si r . Q. Have you ever at tended or excilllined the man in your profess ional c a_p aci ty? Ye s , I ha ve examined hi m several times. A. Q. • A. When d i d you fi1~st ex ami ne him? I examine d hi m first -- I co uldn't te.11 you the exact date, but it ,w.s in the hospital shortly after his injury. Q. • Do you know where he was injured? Do you mean the place? A. Q, . A. Yes. I understood he was injured in one of the mines in which he was employed, while at his duties. Q, . Could you tell us the month and the year of that first examination? I . don't believe I coul<i wi tri0ut referring to my office records. A. Q• A. Do you have them with you? don't have the records of the f'ir·st examination, but I have some records of the reports mttde since tba t time. I THE COURT: He was injur ed, Doc t or, according to the report of the employee, on the 16th of October, 1931. �2 A. Contin uing) I s aw him a:ppr ox i ma t ely pos s ibly on t h e 18th or liJth of tha t same mon t}). . r. Yo u ma oe en exami na ti o n o f h i m a t that ti me? Yes , I examined him. I e xamined one o f h is ears, on the injured side , be c aus e he h ad been ha vi ng some bl e edin g , and Doctor San aer s c a lled me i n t o s ee him . I b elieve he wa s su ppo s e d to have b een di z zy . 'Vi e ;v ere try i ng to loc a te the source o f his injury a t tha t time. I a lso exami ned s ome x-ray pic tu r e s of h i m . A, . Q, , .A . Q, . A. Q, , r .. No w, will y ou 11l eas e state t o t h e Court \· ha t y ou found as a result o f tha t examina tion'? At th a t ex amin c1 ti on , the ear d r um had evi de ntly bee n ru pture d, an d there was s ome bloody s eru m showi n g ov er that site a t tha t ex2.mina tion . The x - r ay p ictu r es -- I wa sn't able to see i n t hem any d ef ini t e f ra ctu re t ha t woul d i n dic a te a skull fr a c tur e . Th e man wa s we ak a na appea r e d d izzy wh en he s toa d up , and n o fu rth er exami na ti on wa s m&de by me a t th a t time. He >'las sent i n la ter to me for a check-up of his he a ring an d vi s ion. When wa s that? That w& s prob ably a " ou t a mo nth after th e time h e wa s in the hospita l . What d i d.. you fin d c:. t tha t time? A t t h& t ti me the man complaine d of lo wered v1 s1on -- very }:Joor visio n -- and he had many other symptoms of dizziness 8l1d. pai n i n h i s h ead . He comph:.i n ed o f not being a·ble to hear o n t h e one si d. e . Ky exam in a tion a t that ti:ne did not disc lo se very- much t o acco un t f or all o f tho se symptoms. I ex ~ 1i ea h im re_pe a te d ly, I vrnu l d say many times, a fter that. Som e of those ex amin a tions were not ma d e as a matter of record, b 1_l t they 1;1 ere mad e a s c a sual office examin a tions, e.na t h e:1 I made an exami na ti on o r t wo af ter that, when I believ e the coal compa ny sent h im, or- thr ough Doctors Lauzer and. Sa.nae rs, a nd then I made re [$ular reports of those examinations. 3ut his sympto ms ciuring, those pe riods never seemed to dovetail with the physical findin g s. :Jhen did you l u st examine thl s ma.n? refer to iflY records here? Q, . 1 J-. . }fay I ~A, Yes. I cannot tell you the exact date, but it vrns in September of 1 J 33, according to my last records, before he wa s sent to Denver. Q, , ,.'/hat did you find at that time? I was unable to find any physical eviaence to support the man's sympt0ms at a ny time. I considered t:i:1a t ei th.er the man was mali n 5 ering o 1· that he haci some s ymptoms or some A. �3 objective sign s which I coul d not correlate with t h e things h e c omplai ne d of . I s u g g e s t ed to someone -- I don't lmow whe t he r it was the Court or who it wa s -- a t tha t ti me t ha t th e man be sent for a comJ,> l e te neu ro l o gical a nd serolo gi cal exar.1 ina tion, a n sel ecte thre e or f our men in Denver to do this who h ad not p reviously ex ainine d the man. As I rec a ll, he had been exami n e d in a lt Lake a nd h a d been pronounced a ma lingerer, but, to give the man the benefit o f the doubt, vie selec te d t wo ou ts t an d in • me n in De nv e r. But y ou asJ<:ed me 'Jhat I fou nd . Th e man a lw ay s comp lained that he could not s ee . Th at w&. s his m i n comp l a int. He also com1lained th &t he va s dizzy , u. n he hc.d :p ain s in his hea d , a nd he could not hear 1.vith one e a r . I n my tests oi his vision, I wa s never a ble a t an y time to 6 et him to co - o p erate suff iciently to find o ut v,h et· er h e coula see o r not . He would refuse to r e a d a ny k in d o f a ch art . Wh ether t h e cha r t be he l d up t wenty fe e t fro m him o r wheth er it i,-,a s h eld up in f ront of his f a ce, he sc..i he coul dn ' t s ee any thin • , a lthou gh he wa s able to g et aro un d f a irl - s a tisf a ctorily . Q, , A. A, Q, . A. Q,, A. Q,, A. Did y ou ever see him a f ter t ha t exam in a tion i n 1933? I' m sorry, but I don ' t have my office r eco rd s v, ith me, an d I don 't know 1Nhether I d id or not . At least , I don' t b elieve I made any rep orts on h i m a fter tha t t i me . Did you ev er see hi m 'vhen he v,a s not a t your o ff ice - - that is, see him c a sually? I believe I have s e en him on the s tre e t, y es. Novi , I ,:,il l as _ y o u to st a te, fro m your ex am in a tion of the vrnrkman - - did you f i nd any p ermanent p hysical di sabi li ty, or did you find any -(Inter_LJosing) I ·woul d li ke to ha.v e tha t question put a little d if ferent l y , if p osEi b le, so that I may an swer it more intell i gently . Do you mean , d i d I find any objective signs, signs th&t I could see, of physical disability? Yes, objective symptoms. We speak of objective si g ns as something we can see, a nd subjective as something tha t the patient feels. I hc1.ve never been able to find any objective signs at all to account for his alleged trouble or symptoms. Now, in your opinion, do you believe tl1at there are subjective symptoms or that there is something wrong with the man mentally? Yes, I have formed a definite opinion in that regard through this period of time in which I had observed him and in readin.-:, the re1Jorts of the specialists wbo have examined him, and I have fanned a definite opinion as to what I think his trouble is. Q, What is that opinion? A. My opinion is that he has a condition known as post-trau.-rnatic �4 neurosis, or p sy chosis. I believe the man believes in his o wn mind tha t these thin gs a re wron g with him. At first I wa s incli ned to believe, li k e the oth e r men, t ha t the man v1 a s an out-and-out ma ling er er, but I am convince d now that he is not. I believe , if y ou wan t to so c all it, tbat it is a mil d form o f insanity. Q, . In y o u r opi nio n , is this mental con d ition due to the inj ur ie s whi ch he s u st a i ned i n Octo ber , 1 93 1? A. In my personal opinio n , it could be _p ossi ble . MR . TALI AFJi' RO : I object to tne answer anci move that it be stricken ou t. He aske d h im, in his opi nio n , did he consider his ment al condition no w the r e s ult o f the accident, and no w he says, 0 1n my p ersonal o pini on, I thinl< it might be pos sible" . Tha t is si mpl y a gu ess . THE COURT : s wer it. 11aybe that is a s definite ly as he can an- THE WIT.HESS : I mi ght qualify that, if the Court wishes, on this basis -- tha t t h ese qa ses a r e com~a ratively rar e, and much of our o inion i s f ormed on t h e pa st r ecord of similar c a se s t h a t we h a ve r ead ab out or have s e en co me up before other courts o f a si mil a r nature . 1Iy findin g s a re ba sed :princi p a lly u pon t h e i n terpretation of the re ports o f the other special_i sts who h ave exa.min ed t his man . HR . TALIA.FERR(:) : I object t o hi s bas in g his opinion upon rep o r ts of other speciali s ts that have examined him. This is not a hypothetical que s tion. THE COURT: Q• A. Q, . A. Q,. A. I think I wil .1 l et the a nsvrnr stand. Does this post-traumatic neuro sis d isable this man from performing work a t a t,ainful occup a tion? As lon g as it exists, yes. I wil l ask you to state whether or not, in your o,l)inion, the post-traumatic neurosis condition that you found to be present in connection with this case, or this p a rticular workman, Vfa sil Levkulich, is permanent or merely temporary. I am unable to _answer that ciefinitely, but, to quote again from the authorities on similar cases, I would say that many times in such cases as this, when any kind of a settlement has been made, either for the patient or against him, the neurosis will sometimes clear up when the patient's mind has been satisfied that the case has been settled. Doctor, are you a member of the Sweetwater County lunacy commission? Yes, sir. �5 Q,. A. Q. • A. Vlha t would you say as to the mentality of this workman? Is it normal, above normal or , below normal? Not knowing the man before his present condition, I would not be able to say definitely, but I would probably classify him as being somewhat below normal. From your e xamina tion of this man, Doctor, do you know definitely, or even approximately, when this post-traumatic neurosis was cievel oped or wh en it became present in the man to such an ext ent that he could not :perform work at a gainful occupation? I under s t and the man llR. TALIAFERRO : I object to what h e understands, if Your Ho nor p le ase . A. You mean, since t~'le injury? A. Q• Since the injury. It is my opinion that the trau ma tic ne uro s i s took place i!Ilmediately follo wing h i s injury. Q, . And was present at the da te o f your last examin ati on in A. September, 1 g33? Yes, sir. Q.. A. Coul d you state from your casua l observat ion of this man after t hat ti me whether t ha t con diti on still existed at the time you saw him, and. , if so, appro xima tely what time or date that VJ as? The only ·way I could an s v1er that is that the last time I personally s aw him and e.xan1ined him, it existed, and tn t a lki ng to ::!l.embers o f his family and others, the condition was app a rently the ea..--ne v1hen I would inquire about him. A. In othe r v1 ords, you keyt in close touch with this case sin ce its inceptio n to the p rese n t time, is that correct? Fairly close, through asking about his v1elfare from his other doctors and his wife a nd one or t wo qf his children that I have seen. A. I will ask you to state, to ascertain anci to realize that this traumatic ·neurosis condition exists -- can that be found upon one examination of a workman or does that require a continuous study of the case? There are certain cases of traumatic neurosis which· are demonstrated by actual physical findings, such as x-ray pictures, and there are some that we are not able to demonstrate and yet we know they exist. Q, . Q,. A, In which class would this one be? I believe this is a case in which no physical evidence can be shown in the way of x-rays or tests to support his symptoms. �6 Q, A. I will ask you, then, in a case like this, referring to this particul ar case of this man, V/ asi 1 Levh.7J.li ch, could some d octor, ·by ex amining him only once, determine whether or not he was sufferin g from tra umatic neurosis or · would it require ~n ob s erva tion over a period of time? I believe it would be necess a r y to observe a ny type of neurosis or p s ychosis to d etermine whether it was present and to ,vha t degree. !lIR . GiiLICICH: You may cross-examine. Cross-Examin a tion by iJ~ r. Taliafe rro: Q, . A. Q,, A. q, . A. Q. . A. Docto r, when did y ou form an op inion that the wo rkman or claiman t here wa s s uffering f ro m trauma tic neurosis? When did I form tha t opinion? Yes, when did y ou form tha t o_p inion? I believe I form ea. th a t opinion after the man wa s examined in Denv e r. Not until a fte r he v1as e xami ned in Denver did you form that opin io n? Ye s, s ir. Did you form that o p i n ion, a s y ou h a ve stated, from the report s tha t were received fro m these specialists in Denver and Sa lt Lak e? The r eJ!orts woul d indic a te t hat the man d id not have a traumatic n eu ro sis. ~A. An d you fanned that opinion af ter you had read these reports? Yes, sir. Q. • So th a t you didn't f orm y our o pinion as to the physical and men ta 1 condition o f this c l a i!llant from what these o th.er sur6 eon s ha Ye said? I was able to se:para te the v,hea t from the chaff, so to speak, a nd from the highlights of their findings, these complete re_t->orts, I was able to sift down and correlate them, a.nd I formed my opinion from that source rather than from what the doctors' opinions were of the case. A. Q. A. You testified at one time that you arrived at that conclusion as to the condition of this workman from \'!hat the specialists had said about him, v1 ria t they reported? I did. • ~A. You arrived at it from what they said? Yes, sir. Q. Anct it was, then, that you read between the lines ana determined that some of the things that they said were chaff and other things that they said were wheat? Yes, sir. A.. �7 Q• A. Q,. A. Q,. A. Q.. A. Q,. A. ii. A. Q,. A, Q. And that is the way you have arrived at your presen t con~ clusion? Not entirely. It is also from taking into consideration my past dealings person al ly with the patient and my examinations of him on many occasions. But you h a ven't e xan1ined him since he returned from Denver a nd Salt L a ke, except to see him on the street'? According to my records, I don't believe I have examined him. I say, you h a ven't examined h im since ·you sent him to Denver-: He h a s been s ince tha t, yes. He went to Mayos' since then. Have you exam in ed him since he ,a ent to :Ma y os''? No, sir. Then '.'lhat is t he use o f b ringing i n th a t :Mayo business? askin g d irect que s tions. Yes, s ir. - Now, the fact of the ma tter is, Doc t o r, in September, 1933, you made a st a te~ ent, did you, over your own si gnature, with Doctor Lauzer a nd Doctor Sand ers, t ha t you vrere unable to tell that this man v,a s suffering fro m any physical or mental condition, an a recommend ed tha t he be sent to other specialists? I don't r emember my re po rt without seeing it. I '11 sho w it to you ( h a ndi ng paper to vli tness). See if you reco g nize t his. See if y ou recollect it. I hand you a copy of a letter, and see if you can identify that as being a letter tha t you wrote. The ori gin a l, of course, is in Denver. Yes, sir. A. You wrote that letter, did you? Yes, sir. Q,. And the date of it? A. Sep te~ber 11th, 1933. Q. You haven't examined this man since t1i.en, have you? I don 1 t believe I have. A, Q.• A. Q, A. I'm That is what you have testified to. I don't recall any. On September 11th, 1~33, you addressed a letter to Doctor Franklin G. Ebaugh, 4200 East 1finth Avenue, Denver, Colorado? Yes, sir. �8 A. .Now, before going further into th a t letter, I will ask you if you recollect joining in with Doctor Lauzer and Doctor San d ers in a letter to Mr. R. Y. Gibson on March 22nd, 1933. Yes, sir. Q• In that letter, you st a ted Q, • Iffi. GALI CI CH: If the Court p lease, if they a re g oing to quote from t h e letter, wby not of fer it in evidence? The letters a re t he b est evi d ence, and we would like to see the letters. lIR. T.ALI AFERilO : I ' 1 1 in trod uce them, if you wa nt me to, after t h ey a re i de n t i f i ed . I1ffi . GALICIC H: But y o u v:e re a sk i ng wh a t wa s in it. weren 't identify in g i t. I.ill . T.ALIAFERIW: MR. GALI CI CH: bly save ti !'n e. You Do y ou want t o se e it n o v/? '/e woul d li k e t o s ee it. 1 We c an po ss.i - MR . T.ALIAF:&-qRO: I t h in k we c a n s a ve time if you will let me cross-ex~~ine him a s to his reco llection of the records. ( .'/hereup on, a ap er was m&.rked for identification as Employer's Exhibit A) . ilR. TiU:..I AFERRO: I i.'1ould like this letter to be admitted in evidence, if Your Honor please. J.ffi . GALI CICH: Q,. No objection. In this letter o:f }.larch 22nd, 1 ~33, marked Employer's E.xhibi t A, the following appears -11 \Ve examined him very- carefully and could find no evidence of any permanent disability as a result of _the accident, unless his present mental state is the result of the injury to the head. This cannot be verified by x-ray or any other means at our command 11 • A. Q,. Ana that is si~ned by Lauzer, Sanders and Wanner. Now, what other mea~s, since this work.man was examined by these Denver surgeons, has been developed by which you could find out personally, yourself, about this? You hadn't examined him, you stated? No, sir. What I am getting at, Doctor, is what you read in the reports of these surgeons. That was the only other means you had , i sn ' t that true? �g A. No, th a t is not true, in my sense of the interpretation of it, a s to what other means I had. I rely upon my au tho:citi es in medicine, possibly like an a ttorney relies on his a uthorities in le gal matt e rs -- his books -- and my opinion has been mol d e d d uring tha t time by my past observation of this patient pl u s the reyorts which we h a ve received since. ~- Plus t h e - reports? Yes, s ir. A. Q,. A. In othe r words , y o u h a v e chang e d y our o vm opinion of the ma tter with o u t s.ny f ounda t io n wha tsoever as to examination, exce p t the repo r ts of t fl e se Denver sur g eons? Yes, sir. Q,. A. And tha t is the way tha t y o u have cha n g e d yo ur op inion? I have chan g ed my o p inion by a correlati on of my p a st examin a tion s with t he a ddi ti o n o f thes e o ther rep orts. Q.• But those past examin ations we r e to t he eff ect, a ccording to your letter, t ha t y o u h a d no me a n s a t your co mma nd. That is why we sen t h im do r-m t here . A. A. Tha t is v1ha t y ou say - - tha t y ou h ad no means? Tha t i s ri gh t . A. Tha t wa s true when y ou se n t t h i s l e tter, wasn't it? Yes, sir. Q,. q, . A. Th e fa ct of t h e mcl tter is, when you co me down to it, that you have si mp l y chan g ed y our thou ght si nee y ou examined t h is man? Yes, I have. A. An o. that cl:1ante has been mca.de without any examination of him at a ll? Yes, sir. q, . And that change is in violation of the opinion of these A. doc to rs, these Denver surgeon gr Yes, sir. Q,, Q,, A. Now, Doctor, you say that you wrote a letter to Doctor Fra!1klin G. Iirbaugh on September 11th, 1933? Yes, sir. li.B.. TALIAFERRO: I think I will put this letter in, too. MR. GALICICH: No objection. ( \Thereupon, the paper in question was marked for identification as Employer's Exhibit B). �10 Q,. A. '\:Vha t is your specialty as a phy si ci an and surgeon, Doctor'? I specialize in eye , ear, nose an d throat. Q,. A. Wh a t is a neurolo g ist'? A neurolo g ist is a ma n wbo de a ls \ ith the brain a nd nervous sy ste;21, princi pally . ~A. Are y ou a s pe ci a list in t hat? No, sir. Q. In this lette r marked Emp lo ye r's Exhibit B, you sta te -- A. I h a ve been a sked by Hr . T. S . Tal i a ferro, attorney of the co a l compan i es h e r-e , to co nta c t a neurolo g ist in Denver for t h e purpo s e o f arrang in g an examina tion f or an employee of one o f t hes e co mpan i e s 11 - a nd y ou g o on fu r t h er and name Doc t or Edv,1ard Delehan ty. You a sk ed him to con ta ct a n eu rolo g ist? Yes, sir. Q. . An d then y ou fu r t h er say - - A. " As re gar d s con sult a tio n I woul d l ike to sugg est that you call in another neu rolo g is t in ren de rin g your report, and any of the follo win g men would o e a ccep t a ble 11 - a.n u then you g ive t h e n am e of Doctor Edward Deleha nty. 1fow, you testified tha t you a re no t a neurolo gist? No, sir, I 2.m not. 11 A. Do you kno·w Villi) Do eta r Delehanty i ff? Yes, s i r. He is a neurolo g ist in Denver. ~- Is that his special line in the p rofession? Yes, si r . Q, . A. Q,, A. Q. A. Q, A. Q• Do you reco {:,nize him as ·o eing a competent, efficient and skillful neurolo g ist? Yes, sir, he is a very goou ma n. You got a re port from him, didn't you? Yes, sir. Did you come to your conclusion or your opinion -- this opinion that has been formed since the report was given by Doctor Delehanty -- from that report, did you come to your conclusion that this man, this workman, was suffering from an insane delusion? If I ·believed his re.l:Jort, I would think that the man was m~lingering in putting on all of tho s e symptoms. So you didn't come to your present conclusion as to this ma.n's mental condition from anything that Doctor Delehanty, A. who is a neurologist, has said? Ho, sir. �11 A. Their report to y ou was exactly o:ppo site, wasn't it?. It fla s that he . couldn't find any evidence of any mental trouble with him? I don't rec a ll the gist of his r epor t. Q, , A. Gener ally, wa sn't tha t his rep ort to you? Generally, his conclusions, a s I remember them, v,ere that the man was a maling·erer an d tha t he had nothing wrong with hi m an d tha t h e was pu t t ing on . Q,. A. Either mental or physical? Yes, ir . ~- Therefore , the conclusion that you made was contra ry to what Doctor Delehanty informed you? Yes, sir . A, Q. J.L Q. . A. ~A. So his report didn 't enter a t a l l into this co n cl u s ion of y ou r s , this ne w conclu sio n Ther e v.' ere many things i. his report v:hi ch el i minated and cleared up po in t s that were not clec1.r in our minds as to othe r ment al and physi c2.l asp ects of the c ase . Do you kno w Doctor Fr ed S . Ha lsted? Yes, s ir. ~'ha t is his specialty? I thin k he d oe.;; e ~r , nos e mi thro ~t . I d on't kn ov1 v1heth er he c. oes e e work or not, but I know he does ea r, nose and thro at . Q. , A. Did you g et a reJ_Jo1~t from him? I hove a co py of his report, yes , sir. I don't know v/he ther it WciS sent to me 01· not, but I think I have a CO lJY here. Yes, I have a c opy of Doctor Halsted's re~ort here. ~A. Did you form this later concl u sio n of your-s from anything that he sai cl in his re.Qo rt to you? Not any more th..n I did from Docto1· Delehanty's report. GJ. i..nci. his r e_por t wa s agcJ.i ns t the f incii ng of any mental tro1.:."bl e A. I Q,, The fa ct of the ma.tter is, Doctor, thct you dic..n't pay much attention to what these doctors in Denver that you had referred this man to said, did you? The fact of the matter is I :paid -considerable attention to v1ha t they said. ,A. Q,. A. with this workman, vmsn' t it, as he reported it to you? c&nnot &1.n swer that without re ao in 6 his reliort over· . I cannot rernembe1· a ll that he said. in the reJ:)or·t. You vrnren' t guided by them in any \1.ay, v,ere you? In ma.kine:, a diagnosis, I make it by a. pr-ocess of elimination, and by readin 5 the reports I ·was able to eliminc:.te cert~in :fi:'.actors,, vjhich I appreci~ted ano valued their reyo:cts for. -- �12 A. ; . So y ou h av e c o1 e t o t his con cl u sion, not fro m subse quent exarniuation of t his wo r kma n , but from a nalyzin g the ref'Orts tha t these doctors ma de? Not entirel y . As I st te d before, it was fro m my correlation a n d my previo u fin d in b s in this c a se, plu s the s e reports. .do w , o n t he 11th day o f September, 1 ;;13 ::, , y ou st a ted to Doc- tor Ebe.u gh -t ha.s been my opin i o n from t h e very sta rt that the patient ha s mal i n~er ed , especially a s to loss of vision, a nd I am i n so me do u· t 2-. s to hi s los s o f hea ri n . : . This has a l so bee n t he o pinio n o :i.. other men ;;·1h o have examined him". 1 ' 1 A, Thu t was y ou r Ye s , s ir. though t in Sep t ember , l'd3 3, wasn't it? A. Who i s Docto r Eba ugh? Doctor Ebau gh i s conside r ed a ver r h i 5 h - cl as s man in his p rofe esio n a s a neurolog i st . Q, . A. In wl at? In neu rology. Q, . 0 . That i s , in menta l Qiso rders or n e rvous disord e rs? sir. J. . Yes, G. He is considered Yes, s i r . f... . Q,. ... . Q, . A. Q, , A, Q,. A. &. v e r y high - cl ass man ? And that is not y our sp ecialty? No, sir . And, no tv:i ths t anui ng t h e sta tements of Doctor Ebaugh m&.u e tc you, a.nd the statements that Doctor Delehanty made to you, wbom you reco mrnend as being high-class men in that line -- you <io, do you n·o t? I do. (Continuin€a.) -- you formed, since you saw their re:po1·ts, a. different opinion? Yes, sir. And you formed that opinion from their reports and not from an exami nation of thi s wo rkma.n? I didn't say that. ~A, But you said you hadn't exrunined him since? I said my present opinion is formed from my past frequent exciminations of the man, plus these re:f)orts. ~A. So you had no such past oyinion on Se~temner 11th, 1~63? My opinion before th&.t was that the man was malingering. I am frank in so stating that I thought the man was a ma- �13 A. Theref ore, y our opinion since that time, or your present o pinion, is ai)p a rently f ormed in the face of the reyor·ts of these sp ecialists that you ~eferred this man to? Not en ti rely. From what , i f you h aven't ex amined him? i\{y op inio n has been forme d by the study of case re1,1orts and. re a.ding o f au tho ri t i es on similar cases , ana it is my o p inion t ha t there i8 n o methoci of ex ami na tion that can demonstrate any s u bj e ctive evi ci ence o f in jury in this man . VThy di d y ou sen a t ]:,. .is workman , a t your request mad e to me -,·;by did y ou send him to Denver to b e examine d by these doc- A. QV . A. Qu . A. tors. In order to c l e a r the c a se up , if :po ssibl e. You at that time h d n o o _ inion of t h e ma tter , and y ou weren't an exllert in tha t ma t ter? biy op inion wa s tha t t he man vm s a maling er e r . Vlha t b a s oc curred s i nee t hen t o change that opinion? I \'li 11 repeat wha t ha s occurre d . I ma k e my d ic.1.~no sis by a proces s of e li mi n a tion . I h a ve ak en into con s i a. era tion my past examin at ions of the man , a nd my t h o u 5 hts a nd op inions a t that ti me, and the r e11 orts tha t were furnished by the Sc::.lt Lake docto rs a nd the Denver d octor s a.n d th e Mayo Clinic, and. my re adin g o f medic a l b oo ks , books o f au thorit;y, on s i milar cases, and. tha.t h a s mol ded my pr esent op inion. .ti. . That has mo ld ed y o ur present op inion? Yes, s ir . Q,. J._. .Anci i t has cr...a.ng ed s ince Se1>.temoer , l (J33? Yes, sir. Q, . A, And you are not an exJ:)ert upon mental a nd nervo u s diseases? Jfo, sir. Q. Will you give me the doctor books that you h a ve read, that you have referred. to that you have read, upon this matter of ment2.l disorders, since the 11th day of September, l'i:133? I don't sup11ose I could quote all of them to you. V A. Q,. I asked you for the names of the books. I say, I don't sup:i;io a e I coulu quote all of them, but I hcve read \'/ebster' s Legal I.'Iedicine ano To.xi cology and Warbasse on Surgery. Q,. Did they deal especially with traumatic neurosis? That is the su-bject I wa s interested in. ...... " AQ.• A. dian't ask you that. especially. Yes, sir. I I asked you, a.id they deal with it �14 A. You re 2.d them. Don• t you know whether t h ey cieal t with this or not? They did n ' t deal \\T ith this case, but they dealt with similar cases. Q,. A. Did they de a l with thitJ question? Yes, s ir. Q, . 'Iha. t is t wo a uthorities? Yes, s ir. Q,. A. Q,. ,A. 'When did y ou re ad th em, Doctor? Oh, I re a d them, one of them, wit hin t h e l a st week , bec a use I thought -- Q. To get re a dy to testify in t h is c a se? I thought I would b e c a lled upon t o give a n op i n ion. Q. • Then your op inio n fr om t h e s e books hc:.. s b een mad e 1:ri thin the last week? ~To, sir. i. A. Q,. A. Mo w, r eu.cii nt:,; the s e t viO boo k s has inf l u en c;ed your op inion in this c&se, isn't t ha t true? .No, sir. They dici enlarg e my vie\".ipoint or- refreshed my memory, b ec a use I t h ouk,h I i:;ou l d be c a lled u yon to testify to v. ba t I thought trauma tic neu rosis was. 1 q, . A. q, . A. You s ay you a re not & n expert i n t ha t? No, sir, I Elli not. But y ou a re a specialist in eye, e a r, nose and throat? Yes, sir. c,i . That is wha.t you have studied, isn't it, :Doctor'? A. I h &.ve studied general medicine and surger>j. I serve on a lun e. cy commission, although I am not at a ll an e.x:pert on insanity, and do not pretend to be. ~- A Jucige of a court serves on a lunacy commission, doesn't he? Yes, sir. But I am not testifying here as an expert in this case as to mental conditions. A. Q,. A. Then what you have said here is not as an e.x_pert? Absolutely no. MR. TALI.AFElIBO: That i~ all, Doctor. �15 Redirect-e. amination by I\ii: r. Galicich: Q, A. Is that your o pin ion as a doctor of medicine? It is. MR. GJJ..I CI CH: Th at is all. ( Whereupo n , the ,·1i tne ss wa s excused) . -o - �16 E. S. LAUZER a witne ss called herein on b eh a lf of the claimant, bein g first duly sv1orn a ccordin g to law , on his o a th testified a s follows: Direct-examin a tion by Mr. Galicich: Q. • State your name , p l eas e. A. E . S. Lauzer. Q, . A. /here do you res i de? Ro ck Springs . Q, . A. V/hat is y ou1' 11rof ess i on? Phy sici an and surgeon. Q,, A. How lon g have you been a physi cian a nd su r g eon? Si n c e 19 0 5 . Q. At what p l &ce? A. Ro ck Springs. Q, . A. Were you in WyominiS a l l of tha t time? All of that time. Q, . A, You ar e a g r ad uate of what sc bo ol? University of Nebr a ska. Q, . .A . Do you know t h e injured ·workman, Wa si 1 LevkuliL:h? I do. Q, , Were y ou ever cc:1lled upon to tre a t him in your professional c a };Ja ci ty? Yes, s ir. .A . Q. A. Q,. A. I will ask y ou to sta te whether or not you were called upon to treat him in your professional c a:pa ci ty during the month of October, 1931. Yes, sir. On what date? October 16th. Q,. A. '!n.1ere did you firs·t see the workman? I sa;w him first at the hospital. Doctor Sand.ers went first to the mine and picked him uy and brought him to the hospital. Q,, A. You say he was injured in the mine? Yes, sir, the Lion coal mine. ~A, Did you see him the same day that he was injured? Yes, sir, I saw him after he entered the hospite.l. �17 Q., A. State to the Court what you found in your examination of the workman. At that time I found he ha d a sli ght l a c e ration on the right side of the h ead, some what ov e r the right temple, and he was bleeding a little from the ri ght e a r. He was in a slight stup or ana a state of shock at the time. A, Was he consciou., or unco n scious when you saw him? He was semi-consciou8, Q, A. Ho w lon g d io he s t ay in t h at semi-conscious condition? About t wo d ay s. ~- Was he your p atie nt? He wa s treated b y me, y e s , sir. Q., A, And by whom else? Doctor Sanders. Q, , A. Doctor Sanders is y o u r a ssociate? Yes, sir. Q,. A. ~l - How lon g did you tr e at this ma n? tree.ted him right alon g . I h ~v e tre a ted him until the present time. A, I Q, . A, ·when did you last ex amine him? The day before yesterday he \"la s at the office. Q, , Did ~.1.r. Levkulich suffer a ny d i sa.bili ty, any physical or objective disability, as a result of that accident, and for how long? He v1as -- you mean ho v: long has he been di sabled? A. Q, . A, ~A, Q,, A, Yes, hovi long ·as he di sabled, that you could show and see his di s-.bi li ty? He left the hospital on the 24.th day of October of the same year, 10~1, but at that time I didn't fi~ure he was abie to work, and it has been going on up to the present. We hever have been able to decide -- that is, at least, I haven't whether he has any physical di sabi li ty now or not. In your examination of the worlrnan the day before yesterday, did you f inci any disability whatever, either physical or mental? The only thing I could decicie anywhere near was that he had some kind of a mental depression, but what it was, I could not sey, but as far as any physical defects, I couldn't find any. When dia. you first discover this· mental disability? Oh, it was sometime after he went home, but I don't know how long afterwards. �18 Q. . A. A, Q, . A. Do y ou h a ve a ny i d ea a s to the approxima.te time? No. I . t h in k - - that is, he wasn 't entirely -- well, I just couldn't say, but some time af ter he wen t home, because he was sort of depressed while he was a t the hos p it al, a nd then vve t h ought vi e would 1 et him g o home a nd it would probabl y cle a r up a little ·better , but it appar en tly didn't and it is stil l there . Would you say this mental con d.i tion is the result of the injury t hat he susta ined in October, 1931? No, I v:oul o.n ' t, b ecc.use I can't prove it. I don t know. What i s y our opinion in the matter;' have alway s f el t th at there mus t be some conn ectio n between hi_smental con dition now a nd th e acci den t, but I n e ver could _p oint out any thin g tbat I could ab solutely st and o_n by a n y method of exa.rnin&.tion. My o ,inion i s that I Do you mean physically? 1?hysi c ally or any other w y . Q, . A. Q. . What is the extent of this man's dep ression o r mental disability? Does i t inc&pac i tate him p a rti a lly or totally'? It appa rently is t o tal . At least , he feels t hat way . Would you say that his ment&l con di tion is :permane nt or merely t em Jora ry'? I do n 't know. It has been goinG on so lon g , I don't know rhether it is permal'len t or wh ether it is something that s til l m&y be cle ar ed up . Do y o u know hov. he su s t a i ned h i s injury? A timber hi t hi m on the he 2.d . Q, . A. The excilllination s.b.ow e d t-l1C4t he was struck by a heavy object? Yes. Iffi . GALICICH: You may cross-ex amine. Cross-ex&~ination by Mr. Ta li a ferro: Q, A. '{ , A. Q,, A. q,. Doctor, all you kno w ariout any mental 0isorder th a t he h~s is V!l'.Jit he says himself? Thfat is all. Tha t is all, but we can't prove it. And you don't knov1 v1hether what he J;3ays if feigned or fraudulent or whether it is true'? No, I don 1 t . I don't know. And y our conclusion wa s entirely drawn from what he tell 8 you? Yes, sir. Are you an expert, Doctor? Is that your specialty -- in men ta.l 2,nd nervous diseases? �19 A. No, sir. Q, • You concurr e d with Doctor ~a nner that this man should be . sent to sp eciali s ts on nervou s diseases? Yes, s ir, bec ause we felt we were not ab le to mak e a neurological exam i na tion. ('\ I,' You coul <in 1 t fi n6. any evid ence o f mental dise a se except wh a t h e tol d y ou? Tha t is a l l . Q. Do y e u kn ow Doctor Eo.v1&rd De lehan t y? Yes, s i r . Q, . A. ':lb.a t i s his r epu t ati o n a s a ment al s ur eo i a nd :physician? He is one o f the hi 6 hes t cl ass men in th&t lin~ in this west ern country. Q, . Would r..i s op i nion hav e i nfluen c e v i th you a.s a physician a nd sur g eon on a me ntal matte r? Yes, sir, it would . I wo u ld s · y it , ould . " A. A. Do you kno, Doctor Ha lsted? No, I don't. I h ve hear d o f h i m, b u t I don't kno¼ him. Q. . A. Do you kno w o f h is r evuta ti o n? I have hea r d of him by reput &tion, yes . A" . ':lha t i s i t ? He i s a nose and t hroat sp eciali s t, a s I rec a ll it. Q, . '!mat ie his re_pu t&tion in th a.t fie l d? It i a good. A. You don't know him personally? lif o , I Q. . A. do n ' t. But you do know Doctor Delehanty? Ye s , sir. Do you know Doctor F. B. S te~henson? lfo , I don ' t. Q,. A. Q,. b.. Do you knO\'i anythin€, about his reputation? I can't say that I do. Do you know Doctor Ebaugh? I don't know him per son ally, but I know him by repu ta tio 11, and I hc.ve had corres}londence with him. What is his specialty? He is a neurologist and psychiatrist. That is, mental and nervous disorders? Yes, sir. �20 Q, , A. '?Jhc..t is his reputation? Very high-class. :i,. .'/oul d y ou 'oe influenced in formin g a n o pini on by v.'ha t he s a i d? Yes , I would. .A . In a men t"'"l c ase? sir. Ye~. Do y ou kno 1,• Do ctor Y:: erby of S& l t L a ke City? -Ye s , ... i r . A. Q, . A. A. \','hat is h is r y ec·a1t? x - ra;y· . ·:rh a t i E> h i s r e1rn ta ti on ? I s he s J.r...i 1 f u 1 i n tha t ? Yes, s i r , first - clQss . In the ex a.mincttion o f a n x -r a , woul d you be g ui d ed in a n y ·way b y his stu temen ts? Yes, I wou l d b e incli ned to ~ cc~ t his d i agnosis. Do you knoD Docto r ~d~in ~ . son l eh e r? Yes . 1:lh a t is h is speci a l ty? Sye , e ~r, nose and tl1r o a t . Do you know him ~e rso~ally? Yes. Q, , i-. . Q. i .• :lh2:.:t is his st /;(nd i t1 0 as a syecial ist in t hat regard? High-el a ss . 1 V/oula yo u be g ui ded a 6 ood aeal oy wha t he said? Yes, I v;o uld, in tl-.1.&.t line·. A, I mec;.n , in thc2 t special branch of medicine and surge ry? Yes, I v10uld. ~A, Do you kno ~ Doctor Foster J. Cur tis? Yes. Q, . A. Of Salt Lake City? Yes. 1, , A, What i s hi s SJ:) ec i a l ty? He is a neurologist. Q, , Q, ~ ental a nd nervous diseases? i-... Yes. Q, 1... . Do you know him personally? Yes, s ir. �21 Q, . A. Q, . r. .n.. 'i \That is h i o r epute. tion d i s eases? Ve r y h i gh- class . c..l S a sJ:)eci al i s t i n me ntal a nd nervo u s Wh at woul d y ou think of a r e .J:)o rt made by him? Woul d y ou be influe nc ed by it? Yes , I would . I v1ould g, ive it dee) consi d e ra t i on, a t le a st. You t hink t~-iey &re wo rthy of consideration? Yes , ~ir . MR . TALI 1J!'11 0: Th· t ' s a ll . by l'l r . Galicich : Q, . A. Goin g b a c k t o the wor l<wan , ".'/ asil Levkul i ch, Doctor, i n your opinion , woul y ou s2.y t h i s man is a ma lingerer o r t ha t he is ac t ually suffering from 2. men · al d isorder-? I n e ve r felt , a s I ta te d before, tha t he wa s a mal i ng erer , en tirely . There uere some thin ss th&t h e exag ge r a t ed -no question c1 bout it - - "t:, u t hoY: much, I coul<.ln' t decid e. You wo u l dn 't s y he is tot a lly mali ngering? No , I v,o uldn ' t . <t • A. Do you feel there i s a ment a l a i ab i l i ty in • ddi tion to ma.li n 5 er i ng? Yes , I do . Co u l ci. you esti mat e that , o r in any way give the Court some i o. ea &s to how much y ou th i nk is pu t o n a nd h o w mu ch is a ct ually man t a l st a t e? I wouldn 't eveu a tt er.ro t to , becaus e it can' t be clon e . \l e c- n ' t ~ne .SJ.re i t. 'l'h~ t i s t he r ea son we s ent hi m t h e last tirne to the s!lay o Clinic, and t hey cou lc.n' t do it. THE CODI T: Is tha t lJay o Clini.c report _in the file here ': rl H. TALIAFERRO: lfo, sir, I don't think so, but I wo u l d n't object to i t bein g pu t in. !iR . GALICICH: Yes, that is agreeable vii th us. ( Whereup on, t wo p ap ers v,ere uw.rked for identification as Employer's Exhibit C a nti Employer's Report D) . Ex amination by the Court:Q, . .b. . !,'/ ha t is your interpretation of tha t report, Doctor? Tha t there is some rel a tion shi11 - - they feel the same a s we have ex~ressed here -- that there is some relationship bet ween the injury and. his menta l & tti tude, but 'H!lli t it is, vi e can ' t subst&ntiate, and there is no way oi' proving it. �22 H. ecro ss-exam in a tion by 15: r. Taliaferro: Q~ . A. Cal ling y our atten tion to th e l n st y a rag raph here -- "The presump tion is tha t injury induces structural c..: h an ge s of a sufficient a e g:ree to alter our subj ective processes" that simply 11ean s that there is presump tion? -Yes. A, (Continuing reaclin3) -- 11 but we are not in a position to find. physical e i gns to co r res1-1on d with them". Exactly, and tha t v1a s our thought -- we co u l d n't find it. Q. . A. Was t ha t y o ur t h ou 6 h t ? Yes, s ir·. Q. , 1:R . ThLI AF?JRRO : Tha t is a ll, Doc t or, so f a r a s I am concerne d . Examin2- t io11 by t he Court : Q, J.. . Doctor, a re y ou a c quainted :, i th these trauma tic neurosis ca s es? Do y o u us ually find :physic al :::yrnp to ms to explain the menta l con di tio n or n o t? "hi s trauma tic neurosis i s a co mp a r a t ively recen t disease, an<.i it is r a ther in d efin i te . That is, y ou may h ave an injury to a l eg , an d you have a p ecu li a r lot of symptoms tl1ere and yo u c an 't acc ount for t h em in a ny other way, but be c ause y ou hav e an inj u r it wo u l d be p rob a bly classed as a traumatic netu·osis. I n t hi s c as e, the injury is to the head, and these pe culi ar conditions have come on. I kne w this man before, and, of course, he \'las a little below normal intelligence t h en, but since then this has been agg ravated, but ~hethe r it i s the a cciden t or something else, we don·t know. 1 J.... 0. You ·.tone time thought he wa.s a malingerer, didn t you? :Not en tirely, no. I knew some of it wa s, but I never thought he was entirely a maling erer all the time. Q,, You still think that part of it wa s malingering? Yes, sir, I think part of it. A. Q. A. You think he is putting it on? Some of it, yes. Q,, A. But you don 1 t know how much? lfo, sir. \Ve can't differentiate. THE COURT: That's all. Recross-examination by Mr. Tali~ferro: Q.. Doctor, in Doctor Delehcmty' s cross-examination in this c a se, on Interrogatory No. 4, which is as follov,s: �23 A. "Stc..te a nd ex plain v1hat is me ant by tra uma tic neurosi s 11 and, in a nswer to tha t, Doctor Delehanty says this "'Tr a ume1.tic ne u rosis' is a term a pplied to a train of mental o:r nervou s s ymp toms whi ch develop following a n accident and which a r e c ause d b y other influences than trauma". Yes, that is tru e. Q,, A. It may be cause d by oth er thin g s except the blow? Yes, it may b e c aused by o th er thin g s. Q,, Arthu r L ee s u gests t h i que st i o n, Doctor -- May not neurosis d evelo p fro m a malin g eri ng a nd apart fro m a ny a cci- A. oen t? Tb a t i s po ss i bl e , ye s. A. In other words, a :person c an thi nk o f h i mself h avin g a di ·sea s e and beli ev e h e ha s a di se as e , h e n t here is no a isease? Yes, t i.la t is pos s ibl e. Q,. A. You h eard Doctor "lanne r's te stimony? Yes , d r , I di d . Q, • A. You 1 i st en e d to i t ? Yes, I di d . Q, . And he s a id in his testi mo ny tha t a p er s on who is a ma.lingerer a nd ,•;ho h a s thought a bout his cona i tion an d who has ma de himself nervo u s in s uch a way a s to a ffect his mind may cle a r u p when it is d efinitely detenni ned that he is to get comp ensation or that it is definitely asserted that he · is not to 5 et compensation. Did you catch that? Yes. Q,. A. ~. A. C'1, . A. In other ~ ords, either one way or the other, the matter mi ght clear up? Yes. 'l'ha t would be the man's o wn thought, v10uldn 1 t it, ra.ther than from the trauma? Yes, it appea.rs that v1ay. mR. TALIAFERRO: That's all. Hectirect-examination by Mr. Galicich: A. Now, in this p&.r·ticular case, Doctor, you are well acquainted with the m&tter as it proceeded in the courts, are you not', That is, you remember when the case was originally set for hearing in 1~33? Yes . A. Yes. Q.• .And then the man was sent to the doctors in Denver? �24 Q,, A. ~- A. Q,, A. ~A. And after the reports caxue back, the matter was dropped, so far as the man's claim wa s concerned? Yes, sir. And after the cas e was d ropp ed, did you notice any change in this man 1 s condition? No, I didn't. In other words , ther e wa s no change in his con dition &fter t h e c ase was dro p ped? No, it didn' t s ee,u to ma ke a ny d iffer en ce either one way or the oth e r. Now, Doctor, going back ta the questio n ·that Arthur Lee sugg este d , y ou s a i th a t a man could suffer from traumatic n euro sis eve 1 thou h the re wa s n o injury? No, I didn't s '""y II tr auma tic neuro si s 11 • It wo u l - be just a neuro sis. A. That is a di ff er en t ty.9 e of n eur o sis? Yes, t ha t is a little d i ff eren . . t yp e . Q, . A, That i s ca l 1 ed w:b..a t '? Psycho-neurosis. Q, . l'.ff . GALI CICH: Th a t 's all. ( .'/hereu pon, t he v i tness was excused) . -o- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Compensation Claim Lion Coal Corporation 1935 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1935 Subject The topic of the resource Compensation Claim, Lion Coal Corporation, 1935 Description An account of the resource Documentation of the compensation claim form one of Lion Coal Company's employees. Documents are held together by a brass pin and stored in an orange folder. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource Jay G. Wanner, I.N. Bayless, T.S. Taliaferro Jr. Identifier An unambiguous reference to the resource within a given context 1-0243 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/8166bb9a06b227983e96c5fdeb811d47.pdf a0bdddba0e974f987ccf27da71f8f04a PDF Text Text �������� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Act to Amend Wyoming Revised Statues 1931 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1935 Subject The topic of the resource Act, Revised Statutes, 1935 Description An account of the resource Letters and documents on the proceedings of revising some of Wyoming's revised statues. Papers are held together by a brass pin and stored in an orange folder. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource T.S. Taliaferro Jr., Eugene McAuliffe Identifier An unambiguous reference to the resource within a given context 1-0242 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/572632ad9663f747bd1aad1b33f80588.pdf 8f2cdfa8c4300c5db336e7c28092c35a PDF Text Text '1'l!E U!HOi' }'ACIFIO C.QAL GCr.lPANY .......,,. :-"' • Sp0ciel Filo No. 184. t,..:J~- 231·d. Logisla:turo of the ;;:; t :::.to of ·,:fyom::.ng 193,5_ ~ • ·., • i.~ (J. 34. .AI~ l~ct tu ar.,er1d a nd re-enact Sect i on • L9-2101, \.' y .:nning ·Revised Sta:cutes, 1 931 , relating to l• 1\ , TRI.t:.LS: and S1,J ecifyi1'!g the causee or grouncis ·i; ::.e rc of, o. ,1d proving -;;r1a:t , no pet it ior,. ruGt ion or a r plication J;or e. :n0v1 -~ria l • n1;on t h0 ground of ·uev1ly discovered evid.ence shall be. filed more than one yeu.r 1;1,Ner the final judgmen-'.; \:as r0ndered . . �S. F. No. 34 ·:Jntro4uced ·by Mr.:- Ed;ward T. Lazear . •, 't FOR AN ACT to amend and r e-enact Section 89-:.nol , Wy ommg Revised Statutes, 1931, re; latmg to new trials and specifying the causes or grounds thereof, and providing that no petition, motion or application fo r a new trial ·upon the ' ground of newly di~;co,rcred evidence alu;.il be file d mon than one year after -the final judgment was 1 render ed. J an: 21, 1935. lutrocluced, Read first tii>1e, Referred to Committee No. 1, Delivered 1 t~ Printing. Committee No. 19. Be It Enacted by the Legislature of the State· o{Wyo~ing: 1 Section 1. That Section 89-2101, Wyom i11g ·Revised Statutes;·1931, •be amended an~J 1:ti-enacted to read as follows: S Section 89-2101. A new .trial is ·a: re-e:x:a.inination ill the same ~-ourt of an issue Qfr fuct, afte~· a verdict by ~ jury, a report of a 1·ef~ree· or m as t e r, or ~ decision by tb.~: 5 ~oui·t ; and the former verdict, report or decision . shall be vacated, and a new tr i a-1t.:. e granted, on the applicat1011 •of the party a·g gr'i eved, fo~· any of the following causes affecJ~. 8 9 1. Irregularity in the proceedings of the court, jury, referee, master . or prevailing • party, or any order of the court or referee, or abuse of discretion, by which the party S. F. No. 84-Page 1 �1 ,,·as preYeritcd from havihg u fair trial; 2 2. • i\fiscouduct of the jury 01· prevailing pm·ty; 3 a. Accident or surprise, which ordinu1·y prudence could not· have guarded against; 4 4. ExcessiYc damages appearing to ha vc becu gi,•cn under the infl.ueucc of passion 5 or prejudice; 6 5. Error in th e assessment of th e amount of r ec overy, whether too large or too 7 small, when the action is upon a contract or fur th e iujnry to or detentio:i;i of property; 8 . li. .That th 13 Yerdict, r cpol·t- or decision is 11o1" sustained b.r _snffi cicnt evidence 01: is 9 eo11trary to law; 10 7, Newly discovered evidence, material foi· th pa1ty applyin 6·, which he could not, 11 with rca sonnb1e diligence, haYe discovered a nd prod uced at. the tTia l ; p ro vided when the 12 grounds for a- n ew trial coulcl n ot with reasonable chMgc·11cc have been discovered bef01·e, 13 but arc di.scoi-cred afto-1· lhc term at 'W h-icli 1/ir, v erdict, rcpo1·t 01· d ecis·i on '!Vas rende1·ed 14 or made, the a.ppl1:cati'on may be made by pet ition. fi led as m other ca.ses, not later than 15 th e second tenn, after the d·iscovery; wherc upo11 a snnwwns shall iss1ie, and be return- 16 a-bl,e a11rl .~crued, or p1tbl1'.catfon rnade, a.s p1· cscr ib ed ,1'.n S ect·ion 89-820; the facts stated 1'1 i11 the p etition shall be considered a.s denied uJithont a.11swer; i f the sel'vice be co-niplete 18 19 •1 111 1·acatio11, the case shall be. heard and snnuna.rily d ecided a-t the e11s11ing term,, a,nd if in term, it shall be lieu.rd ancl decided afte·1· th o e:rpira.tion of twenty days fro-m such serv- 20 frc; and the case shall be placed on the trial dock et, and the witnesses shall be examined, 21 hi open co11rt, or their depositions taken as in other cases, b1tt no petition shall be filed 22 23 24 25 more tha.n one yewr after tke fona1, judgment was rende1·ed. 8. Error of law occurring at the trial, and excepted to by the party making the application. Section 2. This Act shall take effect and lie in force from and after its passage. S. F. No. 34-Page 2 �. \ COPY Cheyemie, Wyoming, Jan. l6t 19.35. Mr. Eugme McAulirte, ·Pres.• Union Pacific Goal Co., Qnaha, 1'1ebraaka. Dear !tr. ~Aulif fe : Yr. Prydo haD come to Chey8Jlne to-day and , we have gone over the bills· which Ur. Taliaferro has prepared r,Hh reference to the compensat ion ,. law. ~ - ... - - - - 1~ • . .. Copy o! my letter to l~. tazoar tJhicb ie enclosed herewith will in- dic ate tho action tie have taken. In addition t ~er~o vie have furnished copies of llr .. Taliaferro' s let-t,er to :oe explainil'lg th e bills and copies or the bills themoolvos to llr. 1!ull en and Mr. O'Leary . It aeoms to me that Ur. Talio.ferro has i'ully and carefully covered the instructions which ' you gave him, t.n:l I have no suggestions to make except to ·suggest the possibility that the amendc.ent to section 124-120 R. s. 1931, . as amended . by Chapter 129 Saesion Laws of Wyming, 1933, occurring in the last paragraph or sub-aeetion (a) thareort may not be entirely clear. I have not, however, at ,. empted to make 8JlY change in this s:iended provision, thinking t.hat it will be better to take this up in connection with other po.ssible amendments to be discussed with tbe Senate Committee to which the bills are referred. I rill advise you when tho matt er is .set tor hearing before the Senate Committee. Very truly yours, JUL-T cc - !Ir. T. s. Taliaferro, Jr. �GOPY Gheyonne, \'i yoming, Jan. 16, 1935.· lli". Eduard T. Lazoar, Buildin g . Dear -~. Luzeer: I hand you .iercm.t h the throe bills px-epa:.-ed by Mr. Taliaferro oith ref0ronc0 to ·c.he \7ol'"kfilen; o Cor:ip ensa.tion Lao; the catastrophe fund and tbe la\7 V!ith ir0r'erence to mo.t.iono for netJ ·trial.'- I also enclose copy of t :x-. Toliaferro 0 s lettox- t o rae in oxp-lanation of these bills. 1.?ith particular raforonce to the bill 000:::tding the. le.o -tJith reference to n00 trials, t he purpose of this amendE!e:rr~ ia .to placo a limitation upon the time t1ithin ohich s otions f oi· nen trial upon ·bhe ground of neuly diecov0red evidoncv can be filed. 11!3 the lari non mdot0 0 at le.1st as interpirotetl by Judge ':i'idllo.11, ·~ i:!6ll' 0 is :10 au.ch H mi :bat ion and ·this has an i.mp ortnnt bearing, n s qill be a pparent t o you, of c as es under ·the. c.cm-· poosation lo.1.1. Ir -~hero is no such lim-'i ;ation an injured norlmlan r:iey years aftcl' the oceu1,ronce of t ho injury file a r1otion for neu trial in a proc eeding i'or m1 cuard upon t ho grouiD.d of neDly di s covered evidence a nd open the oholo eaoe. • X have spoken ·c.o Sena.tor Pearson about these bills and he understands t he:~ y ou oill introduce ·2;hem. . I ouggest ·l;hat you speak to him, telling hir1 you l1ovo the bills in youir posoesoion) and be c·ertai.vi that he is in t he c i1aii·· -oh~n they aI"e introduced so that he oil1 refer t~em to the proper co::mt ·t 0e. He advised me t i1a:t he t:0uld refer the bills to the judi1.1100 , the .bills h~vo b0 en refe rred to that comr.litteeD· of' uhicil you. ru ·e n rn9Iib er, t ho coal opora-C oro and ot!-n,rs oould like t _o have a date foE" he::.rin,; ~.J fore ihe em nitteo set i'ax- e:aoua;h in advance so that . ~~le notice can be given to all i nt ereoted and tho matter can be carefully cia?y co r:-! illit·tco. considered by t h0 committee. ~ill you kindly advise ma of tho action you hose t a!t on in this cor,nection. V-~z-y truly yours, JUL-T JJr . T. S. Taliaferro, Ji'. Mr. Eugene McAuliffe. I • �i Origina1. Oompe ns ation 'r uo #J.84 ~ Jantar, 14th• 193S llr. J'obn U. Loomis Cheyenn , Wyomi-ng Dear Sir: · •••••••••••••••• In this conneotion, I em al.so seming a Bill for an ",.knendrnent" to Section S'l•f02, of Article 7, Wyoming Rev.Leed Statutes, : 1931-, which the anployere of extra•haza.rdoue labor havo OB.Tefully ' oon• sidered, and with to be enacted • ./m eioo senling you a Bill to amend Section 89-2101, 'Wlch ' I consider to be of very first importance 'lhe whole subject ot "N&'l" __t,IUleS-" much garbled bf the revision of 1931.. , No sonse o=--att -· .:::5 .;;-- - -- made out of it I but especially is it dangerous beoauao no limitation is placed upon tm time when applioations for "NEW TRIAL" !or "newly discovered ov.tdenoO", must be mad • In other words, under the law as it no,r: exist , there is no such thing ae "res Mjudioata"', aape~~.JJ.r__,, in compensation 0_8:9es; 1tlen al.l the facto aro_forgotten. some workman. can oocio in and si1g that be has Just recently discovered thn\ he is aut'f oring from an inJ\U7 happeni»g then years .ago • end there is no ate.tut ·barr~ •tho Inllldng of eny auoh cl . • 'l'he "'Amendment" that I have pi"Opooed is tm o~at ~ of the statv.to shown in 1920, Wyoming CoJJpiled Statutes, Section $8f4. This statut , of ooune. • ie the Ohio, Nebraalra, Kansas, ~alloma. Statutes.. It has be adj'tidic~te4 for a half oenturr or mor , and ms a fbecl, definite Md certain •aning• and ot oourse, tJ;a "mist.one~" Wl\Jitt.i.ngly el :imnated • thia weoti.on in t11µig to impro·JG the law of "HEW TRIAIB' t but the reYisiomrs nm far idield. • I would suggest 1hat sone lawyer of the Semte, 1lho has tJe • apirii to gei bthing these ~ amel'.li:aems, be requested to introduce -them. It this. is done, I wiah you ftUld. le'\ me kna11 "lho will introduoe thl Bills, and if I can help in a:, manner in making fUJ.",t.ber e~luation, I would gladly cod to Cheyenne, and appear before the Collldttea ha'Ying ·the ~ill# in oharge. I vtould. like aleo to know ti~ Co.111111:ttee to whoa the three bill• are referred. • . Tours 1.NlJ', , • �AU - Cf ta a &Ud ron- itlU\ot ·s0 ction 83.-f l Ol, $L ---- --- 1•yomin..J Re'\l'iscd Statute , 1931 , --r •l &t!ng to new trials and sptl)cl.fylng th!t ct.u,es • cir ground s , tb.~r ~of, anu pro i 1ng thnt. no prb't tit1on, motion or ppl 1 ¢e t1.-on ·tor • nelli· t t i ai u pon the .,J round at' ne1.~l.y- di soovsred ~'1Jid0noe ahall. be tU d ~o~e tho.n ons y ~r aft er th~· fin al jud1~~nt r.2 s r~nd9r ed. B~ I·.r £1!i.M:T£L fH xa,I.\, L~- t LAfUR~ Oi' '.tB-S ST AT.El OF ~lOlU:i G: Section 1 . bl.t Tb.ti t $action 89- 1:'l Ol; i;yomi ns Revise<.\ Statut\9s, 1 931 , onded and .re- ~ P.tctod t o r ead as folloill:s: J, n lnl t rial 11! ~ r0- e:,,.aldnstl o:n in t.h~ s~e blect ion eo- :;::101 . court of .en i s~u~ of f11 ct, $.ft or a verdic t by e- Jury, a r ep_or t of a r f' i;ree 01• w~f-t,,r, or ,. d ei aiou b:; tb .i:J court ; cna th~ fo.i. .roer v~r-d1 et, r e.port or d~cision • f.l.l. 1>0 v~ee tE-i<i. 1 an~ a nov: t.ri!!l gr nnt..~d, appli c,tt ion 0~ 1. $ihII'ie vtii , !er any of th~ f'ollo ·.:1.na C.B.US l)6 t.ni:: ~Arty atfe9 i lltl ·m~t •.ri Ot:i..the ly the iubu t1!.&t1Al ri~l1t ~ of such JJarty l 1"l"8g~l a i-1ty in th~ ii:roee ecU:nt ~ ot tho court , Jury,. r et er~e, m~st~r or prevaillD.1 va~ty, or sny or der or tbe eourt or :r re - 91: or ~bu s~ of d.l. :Jcr t l on., by wW.cll th&; ; ,-~ ty Wi!!.8 pr even ted f:r01:4 v.ing ~ f &ir t ri&l; • 2~ ~isconuuct of thu 3ury ~r Pf0Va111n p~r~y; .. ·, • ,. ' ~ceu_:.ive ,QC£n~li 5 .evp•u.i:,nc. to :l.Ul ,.,~ bean given 1 tmoer tbe I • 1.nnueuc ' • • , •• • j • o.f' piil a&ion 01::' ~r • ~· .• _icf.§,t b e;.. t Q! tht?· ~~ouu t ot 1·~eov or1 t tlhutb.ei- £rror in tilf! £-:ss·e ~b.14E , too l nr ~~ or too St,a 11; r;hf-il :th~ .n~~i on 1~ u&i.on ~ contre ct or for ·the . .1.n~ui-y to er 40tf>1"· tloJ?.. o.t. . pro~"J't1. J ' . 6. 1111. . ' l:Aet.t th.e ·, v• rdiat, · t;pCrt .or <l•c1s'ion i~. :0.0'- ,uet:iined by . ., . . ··'f .. ••11 ~ • QOTl)~ Eld ~ h• coul. no • crJ.al. J ' •fd.a.~c;•* ltia t r J._al !or tho pa t y appl7- �c tion !§4 stated. in th sp;p .' be heard &nd tnimti;ii\l"ilY; d.ecidGd ..t vaoo.t1on 4 in ter m• . it s.~ 11 ~o h eard M~d dee1 . ~d- al te r tb the ~i1rat1on ot t ~ op th.• t,:-ial docket, Y$ f ro.m such s~rvieei and t be ca~a sh~il ba plac d o w1tnes.su s sli.all be e;>tami nred in op~n eourt.t sin Qth~r c~ ~ ~ « but no peti t ion ib 11 ·be tu 8. Error of l&l-' oocurJ"in.i r.i.t th~ tri al , en<l >i.\Xc ep ted ,to by the ~arty making the a~,l1cat1oo . � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Act to Amend and Re-enact Section 89-2101 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1935 Subject The topic of the resource Act, Revised Statutes, 1935,1931 Description An account of the resource Letters and documents for the proceedings of trying to re-enact section 89-2021. It is held together by a brass pin and stored in an orange file. Some pages are faded may be hard to read. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource T.S. Taliaferro Jr., Eugene McAuliffe Identifier An unambiguous reference to the resource within a given context 1-0241 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/91e74996d8c5fd373b11f0b8c7574246.pdf c28d934702572842f29224ab68de6d7a PDF Text Text Ro~ Springs llay 18, 19 -35 »;✓ /. ... ....·....,,,, . .,, ' Hr . I.IurJc~cy advi ces that. all the fire extinguishers �Superior, \li/yoming. May 18, 1936. F I Er. E. R. Jefferis: . Please be advised '!;hat all fire extinguishers in Superior Store and store basement have been chan ged on their hangers not to exceed t ~o feet from the floor. The dan ger of these being knocked fr ~m t he wall having been eliminated. This is also to advise that t he neu ChevDolet truck has been . received, and that the dodge truck has been taken to t he Co:rapany garage to be repaired. ,.., _ �Rook Springsp Y/YOo To All llanagers z Plcce all Fire .ubr.tinguch Gr s so they are not ove:,.~ a foot off t h e floor a t convi ent lo ce,tions Yi.her e th ere i e no dax1g er of being knocked dovimo .Attend to thi~ a t once, advising v1h0n completedo If y ou:t e"t:ti ngushers are e:mp ·~y advise at sarae ti.me. r::. R. Jeff'erio ·CO I o .:r; o J..mylis~ / -.;¥ C: 1'1 ,\. t. \ ,~ t e c· .) /iv • ; t.. ,.'. \ '~ ' .,; \, I !\ , l ) \ . _\ "· \1 ' / \. ._,"."'j '., / \ \, 1I �L You r-Ji 11 re 02.ll rmr c omrer:-:: o. ti o:n re ~t:,Y'd i ng fire ., (,J•r ·,. �Ou.c l" i r e ,J x tin -~1.b:ihor::: h ·w th :'..t 3. b ~o.1 .:. 1,s::-e c te d ·mtl hun~ i n such a mann er s i mil ar a,nc i d ent :1hi ·m '.'.'r:-. . ~y,enr: ,, r oc civod ,;ill no t h appe n asain. I _J �superior - i,re.y 1,1936. I.Ir. I. 1q. Bayless: In reply to your 1 ett em of April 17 and 19th,1936 rel a tive to fire extinguishers. same have been examined and found O.K. ,r �•• 1 · • r :J::·. yl c s:.. : �Rock Springs - May 1st, 1936. Mr. I. N. Bayless: Your letter of April 29th, referring to letter of April 17th, relative to securing fire extinguishers to prevent them from being lifted oft the hook too easily. Have corrected tlu.a tr01.tble around the mines and mine buildings, but have not done 8)'.ly'thing in this connection a't l.ieneral Oi'f'ice or old Timars b11ilding. ~ ,- .. �'i!i nt on - April 30, 1936. Re : Fi re Ex.tongui sr~rs : All fire ext c 1_,, uishers have been i nspe cted and chang es have b een mde in t heir supports n here i t was tho'.lght a r epeti t i on of the _ eliance accide."'l.t mi ght happen . ~ �\ ' V 1 ,( \) O - ': I) • . 0 \) 1 i..' ..., 'fJ' ,..- IJ • •• ,- ; ) I 0 .I O ~ ; •~, ;;, ., l �l o ck Spl'ings - April 28, 1936 Uri!(lno.J Slvn.ed: GEO RGE B. PRYDt • ~iJ1., ~ • f.\PR Z9 ·; J~6 �Rock Springs - April 28, 1936 ,,.....___ Mr. I. N. Bayless: I am returning her evli th the file on the injury to Vii lliam Sp ence. ·•,ii th the return of the file, will you please advise me what action has been taken with the survey of the fire extinguishers, etc., so l icAuli ff e. answer Mr. �Rock Springs - April 28, 1936 �ATTENTION MR. PRY.DE A~,ri 1 27 11 19 36 Mro 'l'/illi am S pence Dines 11 \'I,yoming Dea r S ir: Herewith Audit orvs Vou che r Na o 121552 11 in the a.mount of ()7 5 000 made p~y c..ble to y ou. in s e ttle:,!e nt for ti me l o nt b e caus e of injury r ecei vecl in the Community lfa.11 a t Hc l iance 11 'i yorning 9 March Yourn truly,, I· Attach. �Rock Springs °' April 23i, 1936., �Fonn 906 VOUCHER NO.- - - - - -- -- - I~_UNION PACIFIC COAL COMPANY ' DRAFT NO,- - - - - -- , - - - - - RELEASE O·F A LL CLAIMS - SEVENTY-FIVE e,nd _,,__.,. __________ ,.. _____ "." R eceived of Th e Union P ~cific Coal Company __ --·-- - - - - - - - - '7o-;;-OtT ___ - •- • - -= ----liI0/100 _____ __,..,_,..,,._ .,. _ ___ - --~- - - - - - - - -- - - - - - - - - - -- -~ ollars ($_ ______ ) in full settlement and complete satisfaction of all claims and causes of action against it growing out of any matter whatsoever, and particularly in full settlement and complete satisfac tion of all claims or causes of action, that exist or may hereafter accrue, against it or any other company, partnership or person, for damages for any and all personal injuries or loss or damage to property, sustained or growing out of a certain accident, or for complications arising from such injuries, or treatment for such injuries. Said accident occurred on the Narch 0 1936 ~a~ - • • - t4q,-e-f.Qu,r_t.aenth day of______ _______ _ _ _ _ _ _ _ I 9 1_ ,. at f r ~ ac _d a f' ire . __ _ ,riyonri ng Claimant. dis oa.g e - -~ _ r •; , , i t"lr h a llo Re li anc ~ o ·., . :;: 0 h a---ll-- at • t ---bhe--c .o_.lffi,.n . __.,____ ____ -------h"' --·inG>.: -1: n --die - c-orrunu ni Y--~--Relianceo f--- - :-;i;--· --e x tin r>uishei· uh ich VJa s . ~ns i 'l'l ju.r ies to hi s ri ghG oOuo 0 >:)• •· . :; ~,t-.:- --~---n::,·~ -l~ce.me -i'.allin 11 c_p._1..}._~ ~.!12.- ---· - - •- • d - .,,nd --11 •:).s ·cwo--d e n e ndeu t _.- \1y om.1- ""t~• vm, -"~ .:1~-1 "',,_led one rnont;1.r.i 1 13 ni..arr1 e = - •- . "" Clairm.n n u. _ s.::... iJ - • • ··- • ~ --cht~ ~};!d~~a~ion-;ereof, relea~e T he -;::;~i~n- Pacific Coal Company from all claims or causes of acti~n -g-ro-,-~•-in_g_o-ut- of_ a_ny matter whatsoever, and 1 particularly release said company and all other companies, partnerships and persons from all claims or causes of action, that exist or may hereafter accrue, for damages for any and all personal injuries or loss or damage to property, sustained in or growing out of the said accident, or for complications arising from such injurie. , or treatment for such injuries. , T he above amount is the full consideration for this settlemen t, and no promise or contract of future employment has been made. I HAV E R EAD T HE li'OREG OI N G RECEIPT ANO R f.::LIEASE A N D i"ULLY U ND IE:RSTAN D TH E S A M E. Dated ~- Witne~::'. ____ _ --- -- - ?'-,; T r. -Tiii -; t" LC!.. i pt rnu..; t h e 11J l l d anll s ii!n c d by th e pa yee. or hy • t ~l ~ au th ority for d oilli.! ~r, 111::s l b 2 :n u.cl t~1l here to. or f.i lt.:d with t hi ~ c 111 S tam tH~ d sh:n at Ur L' o r i i.;u:itu r ~ in 1-!Cnc il will no t b~ a c ce p te d . -...:;~ 7 J'7'1 ' �Rock Sprin g s - April 20, 1936 Mr. I. N . Bayless: Here\·.1 ith letter from ',f r . TJ"cAuliffe: I hlr. Sp ence. thin k you vlill have no difficulty settling with I di s cu ss ed this with lir. Br yson Sa turda y , a nd he advises t ha t Spence wa s o f f abo u t o ne month. The Colony Coal Company :paid h im t wo \7 e e lcs v;h i le he v1a s o f f , s o tha t , as I under s tand it, there \'Jill b e only a bo u t t -,o wee ks to p ay for. You can develo p thi s by t a ll' ing y;i t h :..'::r . Spe nce, s ettling along the lin e s sugg es ted by 1."r. llc Au liffe. I wish, also, you woul d have bir. Li:urray check up on a.11 our fire ex tin guisher s aroun d. t h e Com1-1any S tores, General Office buil din g , etc., and s ee i f they might be raised a little hi gh er. Of cour s e, I r ea lize v:e c annot r a i s e them too high , so G..s to be out of reach v1h en requir·ed, but we might be able to rearra n ge them. '.':ill you please advise me when the final settlement has been made with ilil.' . investigation. • ce, and the r/ults of lli· . Murray's �no ck Spi'ings - April 20, 1g36 :lli.·. I. H. ·Bayl errn : I th.in k you r ill hav e no clifficult.y se·ctling ~·:i th 'l'he Colony Coal Com_ rn:1y :pr,.id him t'\.'iO :GGks rrl i l e ho r!e,[3 0 ff p GO tha ts inv_e otication. ,,.- Orlgln~J 8!irne4: GEORG£ e. PRYDl I I/ A. M. 0. if)(TRA COPY ON FILE--.2-,,;,::·~ : ~ t 1 I\PR 21 1936 2.::1 I �~ Omaha, Ap ril 17, 1936. '- I Mr. G. B. Pr yde: Re f e r ri n g to t h e a c c i d ent to Willi am Sp ence, at Reliance, ...._.., ...... whe r e h e bump e d a g a in s t a f i r e ext i n gui she r, whi ch d ro pp ed on his f oot: t:r. Loomi o s bo \'/e d me th e f il e s ent in by Mr . Ta li af err o vJbile in Ch ey enn e yeste rday . We a re bo th a g r ee d t h a t he wa s an out s icle:r , bu t h e mu s t h a ve b e en t h ere a s an invi t ee and i n th at c a~ acity we a re resp on si b le f o r h i s safety . We c a n not l e a n on t h e co ~rrnunity counci l , a, volun t a r y o r g a ni z ation, g a t h er e d a t ou r re quest, and I thi nk v1ha t vrn sho u l d do i s s e e thi s man , tell h im to g et ba c k to wor k as s o on a s h e c a n , mak e no comm ent reg ardin g h i s s i tua tion, a nd i,-1h e n h e ha s return e d to v10 r k , the Coal Comp any shoul o. vo u cher hi m an an oun t e qu al to wh at he would have been p ai d. f o r a s imil a r a ccid.ent under the comp en s ation law. Coup led to thi s s itua tion, I think vrn s houl d. ask Mr. Murray to go over the co rnmuni ty hou s es, in specting the e quipment Vihich mi &]'.l t be knoc k ed do 7n, not only f ire extinguishers, but clocks, pictures, etc., a ll of wt.Lich should be safely fastened. Heedless to say, the fire extinguisher must be positioned- so that it can be talcen do vm quickly, and I am \Yond ering if a small metal bracket placed underneath the base would not serve to prevent its bein g lifted accidentally f rom the hook from which it ( sgd) l:!.ugene l'foAuliff e. A. IVL 0 . APR 21 !936 COPY �Omaha, Apri 1 r". Mr • G. B. Pryde : }I -E~N/1r!ERJ ;; --_:::· f Referring t ·o the accident to William Spence, at Reliance;where he bumped against a fire extinguisher, which dropped on his foot: Mro Loomis showed me the file sent in by Mro Taliaferro while in Cheyenne yesterdayo We are both agreed that he was an - outsider, but he must have been there as an invitee and 1n that capacity we are responsible for his safetyo We can not lean on the community council, a voluntary organizationp gathered at · our request, and I think what we should do is see this man, tell him to get back to work as soon as he can, make no comment regarding his situation, and when he has returned to work 9 the Coal company should voucher him an amount equal to what he would have been paid for a similar accident under the compensation law. C ou.pled to this situation, I think we should ask Mr. Murray to go over the community houses, inspecting the equipment ·w hich might be knocked down, not only fire extinguishers, but clocks, pictures, etc., all of which should be safely fastened. Needless to s~y, the fire extinguisher must be positioned so that it can be taken down quickly, and I am wondering if a small metal bracket placed underneath the base would not serve to prevent its being 11:f'ted accidentally from the hook from which it hangs. �S1AHOAAD IMt-10.000 FORM 2.t03 SUBJECT: THE UNION PACIFIC COAL COMPANY OFFICE OF Rock Sp rin g s, Wyoming, Ap ril 1 8 , 1 93 6 Attorney IN REPLY PLEASE REFER TO NO. Mr. I. N. Bayl e ss, Assistant Gene1°al :'J.an ag er, Th e Union Paci f ic Co al company , no ck Sp ring s, \y oDi ng . De a r Sir: The en closed Rele a s e fo rm is a ll ri ght t o De u s ed in this case. I thi nk when you h av e typewritten t h e con si ci·er a t i on and filled in the blank sp a c e s d esign a tin g t he a cci d en t and 6efi ni tely stating the injury, and al l comp l i c a tio ns in t h e f utur e tha t may arise fro m said injury, tha t you sho ul d. hana it t o Sp ence and tell .:;p e n ce to go an d si 6n it b ef o r e t wo wi tne sse s who are not Unio n Pacific employees or o ffi ci als. I t h.ini~ it oui-:, h t to D e si gnea out o f you r presence, and v:i t n essed by so ~e of Spence's f riends or acquaintances living in Dines, anci not emp lo y e e s o r the Unio n Paci f ic Goal compa!.1y. In other worci s, h e ought to si gn this Rele a se so that he ca.ri s ay here a fter t ha t he did it at your re qu·e st and under your suggestion, tha t it ciid not amount to anythin g. It f requently happ ens that persons who sign Releases get from unc.er the.in by saying to a Jury that they executed them under the dictation of a ~laim Ag ent of a cor9oration, wh0i made conten poraneous state;a ents Vihich were not e;r_:bodied in the released contract. Yours truly, J,, �April ·17 9 19360 tir.., J :illiam B;)ence Dine s ll 1Jyoming Dear Dirg Uould be glad to have you come into my office ~nd talk to me r egr, rding -'G h e ::i,ccident which occu::c·r0d at t he Reliance ~l\lz"'l.usen ent Hall l'farch 14., I 1nll be in ey office rno1..➔·~ any af-'i;ernoon around 4 o'clocko (" ' .J .\ - �,,--.. April 17i> 1936 Mro To GoT~li afcrr a Jr o:, Attorney,, Rock G~ rings a \"/y m.1.i_ng o Cla:l.rns 11 Attn,ohing F o1"m 006, "Rel eo. oc o:f All f or use in t hG c ase of ·.71 lli al!1 S _ ence o If thi s f o:r-m me et s ':7ith your a]'.)!)r ov a l 9 v1ill you p l cu.se no indicate 11 if n ot. ple2.. :.., e send me c opy of t h o rel ease ,-.rhich you thi nlr u o sh ould hc:..ve :.ir., Spence sign in connection with in.jury ..:"'e cei \red i n t he Re lie.ne e c or,m1uni ty hallo • •• , ,. . . ~ • J .... �STANDAllll 1o,.a.10.ooo FORM 2103 UBJECT: THE UNION PACIFIC COAL COMPANY Rock Springs, Wyoming. IN REPLY PLEASE REFER TO OFFICE OF April 17th, 1936 NO, Attorney: Mr. I. N. Bayles s City Dear Sir: RE : ~111i am Spen ce injur y . A letter from Gener al Att orney Loomis in t he above matter is as follo ~ s: 'Cheyenne, \1,yoming , ftpril 18,, 1936. Mr. T. S. Tal i aferro , J r . , • Pock Spring s,, 1~'yoming 1 Dee. r 1\rr. Talia fer r o: Replying to your lett er of Ap ril 14th !Ti th ref e rence to the i njury to •:il liarn Spence, I agree vii th your conclusion that this case should be s ettled on the basis of compens~ti on awa rds as n ear as possible. Mr. McAuliffe he.pp en ea to be in the office v;hen I vrp, s considering this matter and he hear tily zg rees v'i th this vie,_,, . Yours truly, John U. Loomis, P.8. I return your file herewith. ' 1 The consideration for the release will be based upon compensation award rates, but a release must be exec~ted by V'illie.m Spence, releasing the company, and all of its allied corporations from any and all causes of action, or claims for damage. I return your file. Yours truly, ' ·!.;:,.> TST: gt=1 ,,.. ~-·• 'I_J... - ,0 'r. ':. .. '- 'f , , _ ; _• . . . - ""•.._ I �~~-Y'-0 l.. 1; t ~'1 \~ r.> 'f ' .' .J. ..l: Q. D- ... .... l b-· ,. ~--' '9 'l nc:: (>=> .i., , ) t......... ..... . f ,..._.,, __ CC - Mr. v. o. Murray ' 6°1 �Rock Springs - April 16, 1936 Mr . I. N. BaYless: REPORT OF INJURY TO \'/ILLIAU SPENCE OF DINES , WYOMING MARCH 14, 1936 William Spence was attending a Scout dance given by the Reliance Connnunity Council in the Reliance Community Hall. He uas standing in the crowded vestibule, and, in a spirit of friendliness , reached out to slap a friend on the buck who \'Jas passlng through the door and then stepped back and his shoulder caught the bottom of the fire extinguisher and dislodged it from the hook. The extinguisher, ~eighing about 45 pounds, fall and ca ught him on t~e foot, breaking his foot. The extinguisher \'las hanging in the southeast corner of the vestibule and the top of it ~as&} feet from the floor. It was installed on a regulation hook ~1hich wa s in good condition and, i n addition, had spikes on each side of it to keep it from suaying, so that it uas necessary to raise the extinguisher before i t could be dislodged. The accompanying sketch will shocr the approximate p os i t ion of the extinguisher and a diagrw:i of the room. I am als o including the hook which held the extinguisher, for your observat ion. The above informati on regarding the acci dent was supplied by Superintendent l!. W. Medill of Reliance. �"- / I / 1 1/ U I - ,I �13-ttorn0y Mr . Joh~ U. Loomis GenerG l Atto rn ~y Uni on P2cific Sy st <Sm Cheye:rme, Fy omi n.; v'illi P 1 Spene ~ 1::1 co.?l mi n e r 2mployea b :r the Col on y C'o :;il Cot:1:, ~ny., v,:-~ s l nj"Jr ec.. rtcenoii.1 ,~ Pi d c1n c - i n t h e F 8li :c- n c e C'o1.:irnunity B.r-11, o,;-:ned by ?h~ 1~1io_1 _ ~c:1 f:te Co !' l ~o:1;1Pny~ r-nc~ tl'H-; <:'ne stion i s es ~o the li Pbility of The Uni on Pe ci ~ic Co. l compr ny. The C01r_. unlt y Hrll ls r,. ~ 1 .. cc of t'. ".mu er-rnnr, 7 O',":t1e,.;i by Th e Union Paci f'ic Co;cil Cor.'lp ?LY, 0nrl msintd.ned 1:md op -r r t ed for t h (~ . -:.·:..1 0 r: ".\nt of -h o rmio:n ' nci fi r:n ! ::!.oye~•s, ~ t. ;:: co .::: l cc.1·1 _ J 1,·11:t ch :-- 1 is n co ~l co~)~ny ~i ll ~Ge . f co L ~0, 8•...r."!YJ.C t: p -::- 'h(:n rt":; nc:i1ing t he ·; ::i nce, ,;-,c:- s 11 !"ln inviter~'·. if not; '' [ l tc 2nsee 11 , 2 11 " . oi·' eo · r f::G fi~ ·~ e:xtin£;·,.l i shers ou~~ . . t to~hriv-3 been so o...,1:Jr8 d r: s not to tumbl e dov.·n c~nii bree.k the bon?.s in o-:1c 1 ~ f oot, r•s t.1 8 :i.ncJ.os"' •: corr c s _ ondence indlcrtes h t1;. p -:'In At'J :1. n -1:;hi s c ~ Fe . ' r1y ti10· r;ht i s thr .• tt e co2l co~::,~ny should g et rcl e~ s0 soon e s po:-:si b1~, ~t!rl. t~1 . ~t. ti'l e consi {le:r;:-~,;:i. on of th :r £il0c Ae cho,1l A "",e b · sec1 tP• Ol'.l con!)eDsc1tion t" ·:;-::d.s rs ner-:r po srd bl':\, ;;:o;i Ae:0 9 of <'~u:-.~~0~ th ~t th ,- i~jur:}r Is te!l'r:, ox· !'i'.';t, :~nr'l E',! ~i:i C' G t s d i !':~r:-ility '."4. ll be but for r sho rt ti:ne . In oth Gr Porc1 s,. the f tc ti:;, ns st~t<~~ ln th0 corr es,onrie! c·:::, r,s I vi e1.. ··t11em, :I.n Uct,t e t h.rt Spenc e h tis F c 2.u se of rcti on th;:- t h0 ·r,~•·s . c2nr,ged ~ri thout h1.s ,7 S I'.'~{ O;'n 't1"'1C! 1 i~e- CG. • Yours truly.P TST:rrr ~C-I. r .B~yl ~ss . �A_r il 13 ~ 19360 Nr o T o S o Talinferro 9 Jr o~ Attorney~ Rock S n rings , Vyomin8 o reg arding an accident \'Jh ich h a pp ened a t t h e Re liance c onTI11uni ty hall at a danc e o for The Union Pa cific llr o S cnc0 does n t i:·mrk c, al ConIJmlY o Afte:e y01.1 h a v~ t.::, Ofle th:rough thi s £'i le 9 I uould be 6 l ~d. t , hc.ve you.1° ad·,.:-ice o.8 to further hn11 dli ng o 0-ri~t:j} ClifJOtdl t N, (ltl YLESS �Rock Springs 0 April 13D 19360 1.". e ·\7 i 11 ass ume no obli ~a ti on 11i th regard to t · e i n j u ry to Mro Uilliaru. .Sp ence of Dines 0 \'!yomingo ~ ~,~ .:"1::-t.l1 1 ~:;:~·, " ,_. ' . . ~) ",,,• :_ - ~ ' �• - ------ ~~r'Yl_oJA. r Q.. J ~ ~ to ~ ."r"~ ~ r . v { , ~ i tlu ~ ~ tY~ ~ -~~ -~ ~,0...- to YVV.., ~ St) ~ JL+oJU( '--vvl ~ ~ '-a - /u J 'Pl, J --ko..A.. o \ . . ~ ~ ~~ ~~ ~ ~) ~ Gvv\.-cl '\.A,-o.JLQ~J__ c--vvt ~ :t .~ Tu ~ _,vv\J"'t.c ~ ~ (U ~~~tkoif~,~~ },-J.~ ~~~ ~ -P/V~ ➔ ~ ~~ ~ ~~- ~ - ~~ I ~ tn-v . ~~ --t~ : l'~ ~i ~ ~~ o-Ll- - ~ ) ~ ~,~~~ ~ ~ 1 - ~ o., J ~ Co.A-'Y\.JL ,IVV\... ~~ ~ - 5 ~ ~- } ~ ~ -tlu. ~ ~ ~ ·· ~ c-vu~p- I �- -- - -- - ... - - - -- -- - -- - - - .S-t ~ -k ~ ~ ~ ~JLc~ ~ ~ ~ ~ ~r ~ ~~RJ~ ~ ~ _w--o-v-JLot WJU.. to ~ ~ -~ J)~ ~ ~ ~ ~ ~~ ~A/(v~ ~ ~ ~~ 7 ~ ~- ~ · J-9vo..A.J-<.. ~ ~ ~ v - ~ ~oYU_~ ~~Al~ ~ ~ ~ o/-v-_ r ~ k t" n.-0L ~ ~ o-A ~~- t:-k:,,..,,i_Y,~ Q...A.l~ -~ . u J, ~ ~ l'"VvVr.~'-vVV ~ h ~~ ~ ~~L­ tV~ , .J ~ ~r ~ ~ ~ ?1~~ . ~~~ J: • • ~ ...z ~ 1 ~~ ~ .- ·- tt~ J"~ : j ' ~ .o :i~ ))ju~ �"(Y\A:, y'\I\ ~~ . l ~ /)Jo I �~ Bayl ess :· Your l et ter L-ar ch :21st. I ,;vent 0ve r t o Din e s Jun day rar ch 29th to see ·.7!!!. S9ence about the injury h e rc~ci 1re d in the Hall a t Re li an ce ·.-,hil e at t end ing a dance. He st a.tecl he was st~d in g in t he sn all h ·1.ll,-:ay j us t inside the door about 10 F . ::.• , t a lki n .:, :ri.t h the res t of t he man thc,t were there , an l in turning a round he bu.rn].1ed the f ir e extin ~i.sher which fell stri1cing him on the right foot cg_usin :; th e injur y . J2..s. 3 el onka and s 0~1e ot her men th at 'Ner e there helped hir'.! into the D,1 ctor' sr oL i ce , t.h e Doctor d r ess e d it md his son took him home, the Dine s ::)o~tor th en to ol{ on X-ray p ic t ure -,. ,.hi ch showed the bones in the foot just b3.c.t of t he t oes ·.vere b oken. It l o0ks 'lS i f he ·.;.rould he lai d up for six or e i -:Iht -.veelcs , h e is a. m:ir r i eri r:in.."1 \Yi t b ·,v i fe and th r ee chi l dr en, :md is 46 years of age . ' ✓ti . A. M. 0 . APR 8 1936 �Rock Springs O llarch 21_0 1936-v E ro ll o Vo lledill; I'.'.Iro Pryde· has asked that you see 11:ro William SpeL'l.Ce and secu re a detailed state:r.il.ent from him regarding the. aacident. ·d:dch happened in the· dance h a ll at 'Reliance Satur 'ay evenir1g !> :r.~.1:.":'ch 140 sent t c E i::o This statement should be �< 0 Rock Springe - March 20, 1936 Mr. I • N • Bayless : I am returning herewith Mr. Medill's letter of March 17th. I think we should have a longer hook on the fire extinguisher, so that anyone 1 eaning up against it would not displace it. It would seem to me that is the answer to that situation. Mr. Taliaferro has asked that, whenever anyone is injured on our property, we get a statement from him, and I would suggest that Mr. Medill get a signed statement from Mr. Spence about how the accident oc~trned. A. M.0. APR 8 1936 �;:·r . I. li . :3:gless: Le.st ' u.turd::i.y e ven.in~ :.:ru- ch 14th \,e wer e h avi nz a drurne i n t ; e ha ll, an d '7illia M iJ2_e_nc3 fro.1 :'.:lines was st m:1din~ in the f r ont door way of th e hall nex t to ·,vher e the fire extin.:,rui s her w-as han ;:si ng on the wall, te got hisshoulder u.~d e r the botto ~ of t he extingui she~ , and r aised up his shoulder a:.tJ.d t he extinguisher c · !':'le do·.m off t he hook an d fe ll on bi s f oot, wh i ch I no·.v understa nd caused a fracture of a bone i n hi s foot . I 0xo.:::Jined tho hook t hat t hi s extingu i sh er hangs on and it is in good sh ::ii~ en d th e kind tha t cor.: -3 w it h the extin <.;u i. s h')r s t o ha.rig on, a._nd if J;:r. :3"[)ence h1d not of raised this exting·!;i sh e_ up °'' i t h his shoulder it would n 0t have co r:.e do·:.-n. 'i:'hi.s for your infn::-1:13.ti on. A. M. 0 . APR 8 1936 �Rock Springs - Februa r y 6, 1939 Mr . I. N. Bayless I am returning herewith files on the cas es of Nick Thoma s 9 Lav,r ence Bysell 7 a nd Del Homa n. I t hink the, thin g to do is to c lose up ,;Jith ~-· ... Nick Thoma s as t here d oes not se em to be any possibility of his recovering. fJith re g· rd to H ,sell a nd Homan 9 I t hink ·we s hould go along 'l'l ith the doctors s suggested 9 · s they seem to be showing some improvement. C!F.OUC!E D' I,l!.T.DE .krr.E fl½IOM hVCIE.IC COYT COJihYitlX r.on".lt no �oc ir.uoq i'.iX'o lo no B:,1yl 0 ~illO't"/f , 8v:.1Jl1<[ 8 ;100H --- I run Nturm.n5 hol"o,1Hh fil eo 011 the canes of\ Nick Thomaspha.1,1:rence Hysoll, ond Del Hc@aa0 I think the thing to do is to clooe up uith Nick '1 ho@ao wJ -~ho:ro dooo not s ocm t o be aif!Y p o0sibi1ity of his l"0COV0Tii'lgo riith recciro ~GO Hysel l and H0!1lru'lg I think ,;G should go along \'lith tho doct or'~ ao oug;e;ostod , as t hoy 000m t o bo k1!houi nlj oow impx-ovo1110Zlto �/ tf '-/ Rock Springs - Februa ry ' 6, 1939 Mr. I. N. Bay l e s s I am returning herewit h fil es on the c s es of Nick Thomas, Lawrence Hysell, e nd Del Homan. I t ink the t hing to do i s t o close up with Nick Thoma s as t her e d oes not se em to be any pos si bilit y of his recovering. '.'li th re gard to H ,sell a nd Homa n, I t hink we :c hould go along ,,.,i th the doctors a s suggested, e s t hey s e em to be showing some improvement ~ CEOHCE B " !',H J.DE .I.HE !lMIO.lll .bVCmIC covr COWLV:!I.Ji. 1, on::;1 on �! jJ 0 I t nculd oeom o to comply st.&>2.e·'·ly c,.,,·n ·•l··· ~: •• ,.. "'- .• , t·"om .t ,...,. ~..:.. " ' ,~1Jl., . c;~ 1_...-,=_J · ~,t.,U ~ ~1.;,,.,_:: =~,.. ~1~= ,c S,l 1'"""" '-' !:,[!_• ., ~e o ,,,, ,., ,:.~l;., 0 X_ _ ,...,7.\ • <l!UU w I J w::. ti?. the l _m, , YH~ Orig-lo /\ I S l,!,'n0c: GEOA Gr B. PRYD~ ·1'·_~•i. .·1--1;~'.,.' i:!> ';:•f_._. ';,,. _• - v A "1 Va r.,_·~•i:•-- """"ii>- �Rock Springs - Sept. 30, 1935 Mr. Geo. B. Pryde: I am passing you my complete file on the case of La.Fayette Martin. Please note, espeeially 9 Mro Taliaferro's letter of September 27th. Will be glad to have your comments or advice. �Rock Springs - July 26, "1937 :th.- . ! . ll . Bo,Yl cc;s: 1': . -z->ed Co.r:i::a mad e by .,__,J:' . \n1alen an c.l Dr . Hellewell p the ,. ~ _. examin a tion sho\·1;ins up ve-..2y well . L: • Con·a 1 s sta t ement of the S'\i7elling o:f hi s 2nlde o.nd the ,di:fi'i culty n i th h i s eye-sight cvi entl;y i s not bo:rne ou~~ by the c::{:aminati on . I thinlt , RS VJe talked ove:r, I i7ould put this matter up ·co t he Com.·t nou. Hen evc:r, i f , as I:'Ir . Cax·:co. states; he i s ne rvous , his eyes blu.. "'nd. jump arou.11d i and he cannot drive a cal" alone but mur;t h~~ve :::;c.meonc 1:Jith 1: i m a t all ·times, it 1:10uld seem he ;;10uld be u danGe1:ous mt:11 to huVG in or a r ound the mines. Orl~in?.1 Signed: GEuflGE B. FRYO; AM. 0 . JUL 27 1937 �(~ - Ro ck Spri n~s - May 18, 1937 - Mr . I. :n. Bayless: I om retumin~ hex-eni th you:r file on the- Fred Co ITa c ase . There is no thing el ~e nov, to do except as suggested -by you and t:1~. 'faliaf erro, th~- t is v let it ~o to the County Attorney and, if he desires, l et it go to th(} Court. nothin g else TJe ca.i'l I I I \.._/ (J.O '.i.nere _is apparently t o satisfy ·chis man . Or!.~-i'1 ,,1 fli !!tit-~: GEDRG C G. PRYDl �- -" d Rock Spring s, May la, Mr. Georg e B. ~ ryde: I am again p a ssing you 111y complete file in t h e matter of Fre d Corra, who is n ot s a tisf i ed wit h r e p orts made by the doctors. I advised k r. Corra t o co nsult wi ~ . t h e County Attorney to g et informatio n a s t o what h e is entitled t o under the lawo You will note 11. ro Ta liaferro' s letter in t he r1atter and his recommendation. I ,I I· ; IL /. ✓.,, ·, . I �[){"f~A COPY FOR Fl LE. -------- Rock S~rings - May 8, 1937 Mr. Io No Bayless: I am returning your files in the cases of William Ahlstrom and Fred Corrao I l)resu.me there is nothing that can be done until Ahlstrom has had suitable care in the hos:pi tal 9 determining the further extent of his disability o With 1•egard to Corral> I agree with the , plan you have suggested that he should be :put before Dr. Le.uzer end D!o Chambers, they me.king a complete examination and report of this case. I understand this is a very difficult case to handle on account of the attitude of both llro ·corra end his wife. We should pay what is absolutely just and right in this case, as we do in all cases, but I do not. believe we should agree to any undue payment beyond the extent of the injuryo I am glad to know you discussed with Dr. Chambers the matter of the Advisory Bos.rd. I also discussed this matter with Mr. litcAuliffe as you suggested, and he thou@l.t your suggestion that we bring the dooto~s in with Arthur Lee Talieferro was a good one. We will go along for the present and, if a further unsatisfactory situation should develop, I feel we should call the doctors in. - -- --- - -- . - ~ -- - - - - - - -- - �p y Rock ~pri11gs, 1\10.y 6, 1937. Mr~ George Ba Pryde: I am attaching herewith my complete file in the matter of injury to Fred Corra 9 who was injured August 21., 1936, in nB n Mine, Su:pe ri or o You will note that this man has appeared before the Medical Advisory Board on two occasions, without any definite resultso ! "have discussed this case 1Jli.th ·Dro Chambers and with Dr. Lauzer. I now plan to have Dro Chambers and Dro Lauzer make a complete examination and report, together with recommendations, on this caseo I am inclined to believe that these doc.~ ors will recommend that Corra be sent to some other doctor for an opinion. I also discussed with these doctors the matter of the Medical Advisory Board's not fu.ncti~ning properly and Dro Chambers told me that he will go before the doctors at their next meeting and re quest that they make decisions on the oases which are put before the Board, trying to handle them in an orderly way. He admits that the way the Board h.e.s been handling oases has not been satisfacto:cy, but he still thinks that it can be rre.de to work out. Also attaching my file on the injury to William Ahlstrom, injured July 30, 1936, in "E" Mine Superior. I discussed this �oase with Dr. :McDermott an d h e advises that he has :put Ahlstrom back in . the hos:pital and is :planning to operate on his leg as some of the doctors seem to think there is a malignant growth caused from the injuryo to 1)'Ut It wi 11 :probably be some time before we will be a~~' '' this man before the Board againo Original Signed: - - - - -- ----- -- - - Io N. Bayless �23, 1938 aaa.lYAU .v. .I , HO ie , ..tv.:io TY.l,T 8Hnu •. I erll xeturaing he r e,:,i th f ile :regarding Clarence Kough. \"l e have never paid fol' teeth that I w.2 auare of, bec£1.use our law, as I1r. Tnli af er:&.~o s ays, does no 't provide for the furnishing of teeth. This has been more or less of a controversial !Jo int fo:r fifteen or t'r1enty years. I do not believe that 'i:he Union Pacific Coal Company should accept -eny obligation for this bill. Orl gl!:ial Sig osd: GEOHGE G. PRYDE �.: ock Springs ~- riey 4 , 1936 1: I I .,. do n o t. law·:: of any cr~s e nhe:re t; .eth h a'ii"e b een pai d for ~ 2.l - pay :fo r te Gt ~1 , r:11ct t e:...l hin t Ee.t i s t h e 01:,inion of our Leg al Or!Killrd I, ll!nell : GEORGE 8, PfWul / \ J\ �I 2:- { ----1 Rock Springs - April 30, 1937 Mr. I, N. Bayless: I run returning he r ev:i th. file con ~aining the letter from Dr. Fuhrei· regarding Leslie Korogi . ..,.~ - - · " · .. I talce except.ion to the last p a 1·agraph of Dr. Fuhrer' s letter, uhere he ~ h a t his father s i gn~ a v1aive~ of comp en sa tion . ,:,re could not agree to do t..l-iat, bec ause we mig.'ri.t be charg e~ u i th coneyiracy to evad e the Compensation Law. 11ay I suggest that you talk to Dr. Arbogast regarding this situation, g ettin g the benefit of h i s advice, ·but, frankly, I feel, if vrn employ this boy, hernia ca s e. I I are hirin __, a potential think the ·, o:r .rm.o ul d be operated upon before entei•ing our employ. / ,;1~ �Ho c.k Sprlngs - .July 16 ~ 1937 I am l' EJ'Gi,1.rn:i.n t; h e :re,;Ji t h fl le on "Ghe·. ilfa.rtin ni a:ti ck case.• .... ~ - · --..,.;, -~ :_ ...,;:_,-:- <,, · - •• ;__-.; ·~~- ..!. •;........ ~ ::-.~ - ,_ . ,-'~- Inas;;mch n., 1.t i s Lt1:. Ta li a fe.r:ro's o.p i n ion t hat we should Orig\n11,l Slirnt!d: GEORGE B. PRYDE ,.I j t / • ( I �,... . \ 't ,) 1.- 11 _' �Rook Springs ,- July 6, 1937 ITr • I . N . Bayless: o:: I1artin <:; t.:1Uck. ....:.~p ro1dmate QIDO U E t ·I rrould ~pp:i;.•eciate your giving me the it r10uld be 1:1ece3ac.:ry to pay Mr. Staliok. I feel thls io r.!ot a · compensable accident, but :tt should, as ' 1.·;: 1th th0 :-c etu:rn of th e f:i. 100 r1ill 3rov.. p lease advit:Je . �(£.CCP.\!£ LJ JU[V2 G 1937 -~ERALMMMem Rocle Springs, June 2 6, 1937 Lr. Georg e B . Pryde: Attachin ..:, my c omp l e te fil e on inJ r.21.r y to !fartin S talick. lir. S t a lick sli pped n d f e l l Dec embe r 16 , 1936 9 after de pos iting h i s lamp at t h e lamp hou s e a,t R e l ianc e o A. L . Tal i aferro s e ems to t h ink tha t we v,ill be :"'orced t o pay c ompen :c,ation in t h i s c as e an d Joe Gal i ci ch has also di s cuss e d t h e mat t e r r,.r i t h me - :;.:r . S te.lick being an 1 ncle to Ge..licich by marriag e. I spoke to Mr . llcJ u li f fe ab ou t this mat t er , '!lhi le yo u we re in Ca :, i f ornia , and it is h is op inion th ~ t we should clea r t h e c ase by company v oucher. ~ ill you ? l eas e advi s e you r opin i ono -- �SfAHDAAD FORM 2103 ID<Zt-lt,000 SUBJECT: THE UNION PACIFIC COAL COMPANY ' 5 19 .,...Jt..Jr· .- 2 ; 'l. Rock springs, Wyoming. OFFICE OF October 24th, 1935 Attorney IN REPLY PLEASE REFER TO G:.,. ;. : ,{AL f." r... · _ - ~ NO. Mro George Bo Pryde City Dear Sir: Herewith find statement of money paid out by me in the taking of the Deposition of Doctor Eo M. Neher in the case of Eugene Griglione, em- ployee of The union Pacific Coal Company, at Superior, ~yoming. I wish you would kindly have a voucher sent to me for same. Yours truly, TST:ga , ..zc>. -... ........ �Rock Springs - October 25, 1~35 :Tr. Prank T~llmire: I am a't taching here1.-~i th bi 11 of Mr. Taliaferro' s und•O!' dat e of Oc.tob~x· ~ rd , in the sum. of $8.15, which should s e:1u ·-Youche:r t (.l 1:1:r. Talia.ferro, direct. �t ----i - r -- • ! Rock Springs - September 4, 1935 il ( 0 , •• ll r. N. Bayless: I e turning h,rewith re_ort of the lledice.l Advisory Bo,~ x: d an. 3~forb ert . :·Ienghini. , • :=:-, i',.... ' • • • The p l an as o 1tlined to me of sending Ll eri.ghini to h a:1dle, ~1~ p a ying ~H50 . 00 , is see t he rep o:r t 01 Sc ti sfacto1·y. I ·wo ul d like. to th e ,:.ayo Cl inic whe n same .ha s b een comyle t ed. Ori,., in::. I S l !!O<'Jd: . GEORG f E, P.R YfH �Rock Springs - ..t\.ugust 26, 193f> .. ! Mr . I. N. Bayless: / I am r e tu rn in g herer;:ith your file on Mr. liforbert }.1 en gh ini. \"fh i ~e I have the feel in g that Menghini is more · o:r l e " a o f a ma ling exd ~, He c 2 rmot g et aY.Jay fro m the report of Fo ster :L Cu.rtiG , .'.: r.n su:re , ii' we went iato a couxt with this c as e i n the . f c.. ce of Dr . Cu rti s 's rep o:rt, we woulc. ge~ an ac.i,.· ,rerse o.eci sio n . I wi sh you rJOu l d di se1.,rns th i s with i!Er • . '.L'al i uf erro, , DL T sh o u ld. l ike to go over i t ,( I · vi· ; any a ction i s t a ke n . i;,1 i th you before ,j (, I --./ - �\ \ ~ ock L1' . .Spri nc;s - Au..:;;v.s t Ge or'ce B. P r yde: Att2.c hi 1· ~ 1·i ~ c 01;n lete ..: i le on Fo..:·bert Lc nc;h ini ,.-ill b e g l ~d to have you r c o~ ·en ts a n d edvic e . �' Rock Springs - July 10, 1935 , Mr. I. N . Bayless: I am retu:rriing herewith file on the accident to Jack Tomi sich. It would seem to me thi _s would be one of . those qases \'lhere ?omisich might b e -injured again if we .put him back to vm rk, and it might be a con ti nu.al source of embarrassment to us. • I think I v:ould· take this up ,;Ji th M.-r. Taliaferro, asking h is a dv i c e. If the ay1ard has b·een made in accordance with the Compensati on Lm.:Ji then I feel vie should pay it. I do feel, hor1eve:rp that i::e arc und er no obligation to reempioy Mr. Tomisich, inasmuch as, if ~e pay a man ninety per ·cent of total disability, he canuo t e_.xpect us to put him back to v,oxk on account of his J:)hysical condition reaul tfng fror.!l his injury, i'or which we have paid him. Orlgini.J Sllfned: GEORGE B. PRYDl �o ck Spr in gs , July 9th , 1935. I I· ! r r . r; e : Lr . Geo . b . c use o f -e..ck ..:omisi c 1 ''!li o •,:a s i n .. ur e d in iJo . 3 1.;in e, .iin t on , ,1.u gu s t 3 , 19J4 . You Ytil l I J te t hat t l e •.. c:t ic. l .·w vif)or y ..ioar d 11as g ive n the opinion th:1t .:r • .i.'o micich should be a·.12 ·dec1 90% t ot::i.l disability. I ,a:i.11 be gl a d t o ha ve , our c.dvi c e or COl!ill. ents �Rock Spn.ngs - Se,t1tember 21, 1935 ..; :~· 1, I Mr . I. N. Bayless: I am r·eturning herewith file on the case of' Mr. Subic. I presume we v; ill have to pay for the co st of the nmiJUt&tion a nd lo s;.iitalization. I ,;multi mo. lee it very clear to Su.bic . however, tha t we £L1'e !'.l ot com1) elling him to do this, but that ·is the only vrn.y he c&n obte.in cor.1pensation. We h@ve spent i:;o much :1,oney kJ=in g c ~-.:re of him in the l'ast few ye8.re and thex-e is very little i!np:rovcment in the leg ~ u.rlu t h 8 't seems to be the only ~ay out. �I••. Rock Springs - Se,pt. /19..t, , . ___1935. \ , / I am attaching my complete file on the conip'e n-' sation case. of August Subic who- was injured February 18th, 1929 at Cumberlando Mr. Taliaferro advised that we not accept the report of the Medical. Advisory Board in this case and asked that the man have the leg amputated before paying him for the loss of the leg. Mro Subic called at my office yesterday and stated that he would like to have the leg amputated. He wishes to enter the hosp,i ta1 the latter part of next week. I would like to have your advice in this matter. �Ro ck Springe - J 'uly 10, 1935 llr . I . rl . Bayless: I am returning herewith file in the case of August ...-, Sti.bi c, anci the method sugg~sted by 1.Ir : Te,liaf erro I think i a satisfactory. I do not feel we could pay him for the loss e>f a leg and he still have that leg. If they had allo·v1ed him a percentage of the loss of a leg, I .1ould be inclined to go along with them. ·J j �I i ir . li eo. B. t'r yde : i-1.tta c hi n~· he r e\7i·c,1 1.;y of injury to i,ugust co rn1.JJ_ c -i; e i i le i · t l1 e idL,:;;ter ·uoic, G't1 ·1'oor k nd Febru ary l J , J.t,,·29 . i.ir . ::.iu bic '-"la" a.r12..rci eci coE\; e, s :r cion fo r -~ o·i;al clisa.bi li ·;;y ·i; o L:1.;.r 21 , ter: porary 1933 , at y;hic h t i rne he '."Jent to ,,o rk in \'!l e.t nas then cal l ed a "Soft Drin k Po.rlor" in Rock Sprin gs. 110 £l.• p lied i'or r10 rk \', -it.1 "i;h is co1.y.1ny on Januar y 24, assi g-nc d t o \linton. hospital L'ay 1935 and uas It ~-:as nece .3s -, ry for :·um t o again enter the 1st, 1935, \1h ere he re mained m1til June 17, 1935. i-1.s tl'1is ca se has been of lon g s ·canding it 1.-;u s dech, e d to pu·i; i ·i; before -;;i:1e L edical 1.dvi sory Board nhich Bo Br d, uncier ci ,1:~e of June 29 1 l '-}35, r e col:ltLended tint se -ttle1:!en·t be made to t~e extent of loss of l e g belory t n e knee. l!u· . ·i'aliaferro has 1·0comi,,011t, ed ·Gnat v,e do no ·(; make se·;;nement uith lfu·. Subic but that he be a.llovrnd to take the case to Court. �. . Ro ck Springe Feb. 2, 1:135 Mr . I . N . Bayl es a : I. am re~~urning herev,i th the file on Adam Hordzevi ch. I think the only thing to be done is to maintain this file, and if 1Jr . Hordzevich is released later on from Evanston, where I understand he is to be confined, we will then take up the ma. tter of a."ly di sabi li ty he has suffered at tha t time. ...:. �Rock Springs - Jan. 26, 1935 Ilr. I . N. Ba yless: I nm returning herewi th file on Auton Mezek. ' There is no place we can guarant ee Mr. l1ezek employmen-t ·on flat surfaces. If we g ive him v,ork on the outside of the mine, a round the t i p ple, I feel that would be j ust as dangerous as havi n . ·, hilil i 1i the :mine. I V! ould , therefo!'e, s ugg est t he.t , o n ac count of Mr. Nezek 1 E physic a l condition, you t ake him out of the service. I do not believe v1e v?c u l d be justified in keeping l!:r. Mezek in the sei•vice t"1hen his condition is such thc:.t . he may not only cause injury. to himself, but to his fellow employee. Original s 111ned: GEORGE 6. PRYDl / �, \ f E L)· . . ~ Rock Springs - Sept . 26, 1934 I am re 'b.J.rn ing herewith your f ile on Marko Percich. I rec;.l l,y th ink the best t.hing to do would · be to c:~ose uy thi s case o n t he b &.si s o:r t1e r eco mmenda ti on s of' Dr. Arbo 6 ast. I am not ::.o sure t h at it vrnul reope r·ate, £:.s th e.re 1:- oulG be a good thing to ·eem to be c:ou~t about the operation doing him any g-o o d . I _presv.1 '.le , if he w~re s en t t.o I.Ia-yo Brothers, the Hospit al Conr ni s ;::io n i,oulo h.1ve t,J s tanG tlP e .xil ense , outside of the ~. 15 0 .0 0 v1hi ch. ,:1 e riOu l d dona te f 1'o ni the Com1;}Emsa ti on Fund. I ~m qui te Ti illing to go ~ long if t h ere is any better- ment to b e obta in eei, !:>y opo:ra ting, but in reading those re1iorts there see:··1s to be a doubt abo ut the benefits to be gained by 011e rating, and my pe rsonal f eeling in the matter is that -..1e should close this case out. �Ro ck Sp rings - July 3, i.lr . I. N 1934 Baylt.s s : I a ,,1 r etu r n ing here\·Jith st i pul9.ti ons i n the claims of \ii llia111 'i'he ros, in j u red i n iio . 3 i:i ine , ,. int on I and F'aL! st in o CJ_;;;;:;.=::_.;;._----=--..... Delaureine , inj u red i n No . 4 r.Iine , Roc k Springs , s am e having ~ my ap proval , I s e e no i:-ther cours e exc ept to sett le u p these c ase s i n a:::c or dan c e •.. ith ou1· seventl con vers a tions, and set·~ l e."!lent should be expedited i :n an ot he r similar outstand- ing c as es . u'r i ginal Signed: Geor .;e B . Pryde �Roc k Springs - July 3, 1934 1-.i r. George B. Pryue: Fiiial stipula t ions have be en p r epared in ·i;he com pens a tio n cla im s of \iil liarn Ther os , injured. in No . 3 Mine , \" inton ; and Faustino De lau r ent e , inju r ed in ; o . 4 Min e, Rock Sp rings , a nd a re nov, passed to you for you r a ;i proval before p r esenting the m to the ernp loyes for si gn ature. You '\'Ji 11 note t at t }.1e st i '4Jl,tlations bear tae signatures of Hr. 'l' . s. Tal iafe r ro, Jr., our attorney, and Ur. J oseph H. C--al i cich, Cou nty At t r n ey for Sweet i'i ater County. 'l'hese c as es ::1avo been hand l ed in this ma:mer in orde r to protect ourse lves should it be necessary in -the sett lernent c. f future claims. :Ji L1 you ki nd l y si gr1 ify y uur ap proval by a·ctaching y our si gnature to the stipulations, thereafter ret u rning t he files to me for further handling. Original Signed: I N. Bayless �Rock Spri11gs - AU[;ust 10, 1933 Ro John Seppa ,1ho ' r eceived injv.ry to l ef t eye in our 'l'hrough ooue misundei~S'i;ur.ding us t o p er r:1on0n-l:; p UL---tia.l rlisu.bili·i;y concor11ins this injurl, llr . Han:ing i;on a okecl ·i;ha:i; ·(;he case -be dismissed and the Order of' Dismissal n as g1·an:iocl Junuo.ry 31 1 1933, 'fhe m ttor n a o brought to our ,i·ttention by the injured Ci-.ip loye and aftm:· a ·i:;horour;h inves·i;igatio11 ue £.re convinced that du-e i to it1jury raceivoci Llr . .;i eppa io enti·lil~d ~iio CO.!.:s_penoation for 23-5 per cent loss of visiol'l of the left eye, or 0423.00.. Ur. llcAuliffe agrees to the payraent oi this umouuJi; from ·(;ho company funds. "l'i ill you. please indico:i;e the form. of voucher to be filled out in order to release us of any liability~ lly comple·~e file is handed you for your use. turn it to me uhon i·i; has served your purpoao. Q.-lglr:.t, l Eli~r. • ;_ n, N, @AYU ,, ~· CC - . llr. Geo. B. Pryde Please I"G• �Horedth co py of ol d fo.1:111 or vouch er a nd copieo of t!10 -neu ·type o f voucher. ::n1 yo u ~)l Cet Go r:.dv:bo tllich :oul cl bo n or.n su:i.fo.bl0 f or ,,ritinz of ~h ~ uchor i n t his of fi co . n ,-'\.' imd Si1?011d: litvHC E B. PRYD E J �SfAlll)AR FORM 2103 . , SUBJECT: ·) THE UNION PACIFIC COAL COMPANY • ·. J Rock Springs, Wyoming IG-21-10,0G I. 1 '..EG::;lf 193~!)) G/.:1'11,i!L 11,-.:; '; ;~1.·f1 OFFICE OF N - REPLV- e l.:~~!L July 31st, 1933 !, . LJ -.) ·:v Attorney NO. ,,.. ' l .L ~') J =J Mr. George B- Pr yde Ci ty De a r Sir: In regar d t o t he J ohn Seppa vouche r , I would lik e fo r you t o send me t he bl ank voucher, so that I can ge t t he printed wordin g, and follo w it up with the languag e v,:hich I woul d want to ap pea r in the voucher. Yours truly, EFER TO �Roc k Sp :d:tlZG •• J ul y 25, 1933 !~#.":.l.' v ~:.1i t ,1 f '"i l C \·:i t}1 ::.. ~zn1.\: -to t b':l C 2. GE) of I: 1-. . Johr.. : az,p::1, --:-=--:--:~. :_ ~· U ri!r \11 :d S i l!n ed : GEGB GE B, PRY DE ~·;i 10 �Rock Sprlngs - July 21, 1933 Hr. :Cuc;cnc Ecll.uli?fe : Ho:o.·er:i.tl f'ilo on -tho ca90 of John Seppa, i11jtu•cd July 11, 1932 _ _ . . , . ... ...____ ---c::!.-;~ injus tice 011 e1cco1..rnt of closi Bg hi0 co. se befo re 211 -~ho facts ncre lmo...-m. u .- _ ;mcr nc.d o c.:r, cm:.n riliw.r ;;io;1 o :r h is eyes , he found that ·0'/.:0 3:J n 2..o some pormnl.'l.on·G i fJ!leirn0n~.; of vision . concorncd l u thi::i caso . o.~!J i't secr;1s ·Gh:d; Scpp2.. ,·;eo ic2ju:rccl in ouz• miaeo vision i:i th 0 10ft eye. I t:oulc1 lilrn to ho,vo your o.uthoriiy -to pa.y him the G.tIDurr'.; of 0337 .94. ·1:0 noulcl ho.vo to ch2.X"ge ·i;his ·i;o "Iuju.:.'1.eo to PmrooU:.J". t_lri'..";.,. I Si<>ni,d• G[OH(it B. PRYDf �ATTENTION MR. BAYLESS • b0 justl:i'icd in p~y:i.f.G o. cl0in / �Rock Springs - July 3, 1934 • Mr . I. N. Bayless: I am returning here with stipulations in the claimu of William Theros, injured in No. 3 Mine, r!inton, and Faustino ~ Delaurente , injur ed in No. 4 Mine, Rock Springs, same having my a ppm val . I see no other course except to settle up these cases in accordance vdth our several conversations, and settlement should be e:xpe c. ited in any othe r similar outstanc;ing cases. J �r.'ir . Geoq;e B. e·· oe : Final sti rn l -tions helv e b en ·)r epared in the c01:1,.Jens a tio n cl ai ms o • ·.1illi&lil 'rheros , i njured i n fo . 3 ..:ine , ',di nton ; end li"austilio elo.ur -!1te , injt red in No. 4 11iin a , Ro el; prin c;G, and are n or: pas ::;ed t o you f or you r a t) r ovc1.l be 01·e presenti nt; t l1t,1:.1 t o t he er.ipl oy es for s :'.t,-e1 0. t m· e . ' ou , ;ill note t ll .....t t he stipulation s bear t· 1e si gmt ures o f :.:i~ .'1' . S . Tal iaf 0::-ro , Jr ., O LL atto rney , a n ::i Lr· . Jo seyh i-i . Go..lic ich , Count~, i..ttornt:y fo r Svrnet,mter Co unty . 'i'' ese C E S E·S hn.ve be en l and led in this or der t o p rotect our selves s houl d it be nec es sa ry in the settler,,0 nt o f ·utt r e c l aims . h:Ul 1. er i 1, ·:1ill fOU _; i, ci l·· si5nif y you·~ a9pro w .l by 2::c·i;a c ,i ng your s i cn.J.tu r e to t l10 st:i.L: uln:cions, ther eafter rc;-:; ;;,ruin~ t he files to r,10 for fu r t1 1t:r lia.r1Lllin1_; . �Ro ck Sp rings - Nov. 8, 1::133 Mr. I. N. Bayle~s: I am returning here1:1 i th your f ile on the \'/illiam Thero ~ cas e . .,., . I ·,rnulc.i G ugL est thu t , i f hlr . I.1 cAuliff e has the docto rs f orm a b oa1hd , yc,u •mi L,ht sub mi t t his c a ce to th e boal~d ns on e of their f ir st outies. �- - - ~- ·- -------==-- - ---=---- _-_- _- _-_-_-_- _- _ -_- - - - - - - - - - - - - - - - - - - - - - - - r ( I I '.i'Hill UNION ? ACU'IO COAL C<L:'!PANY b R ck Springa, ~Jycming February 21, 1933 Mr. George E. Pryde '£he Union Pacific Ccal Compa.ny Roel: Springs, Gyorning Dear Sir: It eeG•r,m -~o rr: o t .hat they hc..vo r(.:)po:rted to us the wrc.nr; vote on Bill 112. The Cheyenne Tribune;) says- ·this: "Sonate 112, relating to c ompensation for her-.i1ia. Ayes, J.!.; noes, l;i. 11 Tl1ia ·;;,as evi dently tho vote on ih0 action ·i;o lndefinitoly postpono, and to my mi.lld upon the face of the report shotIS that the bill rms. def eatod m,,re thc-01 tuo 'to cno. VJee Wyoming Tr·ibune,- February 2].. ! ucultl T. s. Taliai £>IT O , Jr. !_~r. &.yle~a_: l'iill ycu ~,I'rt.nr;e for Dr. Kruoger to see :Sr. Talia.ferro! GBP 2/22 - Called l'linton and asked Leonard t o have Dr. see Mr. To.liaf'erro end advise n;e uhen he d'--ee so. A. B. �FORM 2103 SUBJECT: THE UNION PACIFIC COAL COMPANY Rock Springs, Wyoming IN REPLY PLEASE REFER TO OFFICE OF February 1 2th, 1933 Attorney Mr. George B. Pryde City Dear Sir: Plea se f ind co py of letter that I have written to Mr. Bayless. I would be very glad for Mr. Bayless to show the letter to the surgeon, but I would also be glad to know if Doctor Krueger has in fact been talking to Doctor Lauzer. Yours truly, (; _;; ~:-~bv -· c_., 9 - - - -- TST:ga ) ( I' �ITAHDAl!II 10"2f-lO,OOO FORM 2103 ,SUBJECT: THE UNION PACIFIC COAL COMPANY OFFICE OF Attorney Rock Springs, Wyoming February 12th, 1933. IN REPLY PLEASE REFER TO NO, Mr. I. N. Bayless Assistant General Manager The Union Pacific Coal Company City Dear Sir: I have read the corres1Jondence.? including the letter of Doctor Krueger addressed to you.? and dated February "Ith. Upon the face of it;., Doctor Krueger's letter is a "negative preg:uantn., and does not in fact answer your question. I think it would be well, some time next week, to have the Doctor come to my office, so that we can dismuss the matter from the viev~-point of the la:w, and the facts,. It would certainly seem to the writer _that a rupture caused from lifting, \"lhile the i'iorkman nas actually performing work in extra~hazardous employment with The Union Pacific Coal Company, inould show ·some breaking of tissues, or there could not have been then and there a rupture. It would seem to the writer that this is a selfevident axiom. To determine whether or not there was tearing of tissues at the time and place of the employment is essentially the province of the surgeon, and if the surgeon cannot discover any such rupture, the s1 tuation is no diffe1.. ent than if the ,i'!orkman had been struck on the head by a hammer, and could not discover who struck him. Hernias resulting from trauma or violence, causing rupture, are compensable, but hernias which are congenital, of slow but steady development, and which may be "fired" by the person stepping in an automobile, bending over to pick up a pin, or lifting some heavy substance, are not compensable, because the ~ernia in fact existed long· before the time and place of the pain, and long before the time and place .of the rupture, and ·was not primarily due to the employment, but was primarily due to the person's physical condition, like the gradual loss of hearj,ng, which the v.Titer is experiencing, or the gradual dimming 'o f 'the eyes, which the writer is experiencing. . �STAld>AllO ll>-Gt-10,000 FORM 2103 SUBJECT: THE UNION PACIFIC COAL COMPANY, IN REPLY PLEASE REFER TO OFFICE OF NO. I think you migb:c talk this over with the Doctor, and then at ·a convenient 'time next week, send him to my office. It is my desire to give the workman the benefit of every situation consistent. within the law. • However, we ourselves must keep I am sending a copy of t his letter to f/1 r. Py,yde, bece.use we have recently been before the Wyoming Legi sl ature 011 this very subject. Yours truly~ . ·: .. . TSTzga CC-George B. Pryde �/ -- - - ~ - -- - - - ! I1ditoriel Departnent - ',J_::,~t-, :i.sh00:i.n, • 1 • I.ici· LD., \ faitor G0m'g0 H. Sil;JBons,. n.n. ·Eclito1• al'ld G0 neraJ. I::1a.nager Emel"Hiun 'rH.E J OURW\L OJ.i' T'.rlE 1\111-;;RIC/\.N UEDICAL ASSOCIATION' 535 North Dearborn Street OHIGAGO Au.gtu::t 5, 19,32 • Dr. J. G. Cannor, Rock Springs, l'iyo. Deor Doctor Daune~: suggest -'i;ho.,, you t:rito to the Secretnry of' the Chicago Ophtholr.iological Socioty, Dr. R. c. Gaml>lo, 30 North m.chig,an Avenue, Chicnr;o , Illinois, for the repor-~s requested. r,:o regret boi1,,g umblo to i'ind any roi'eronco ·to ·;;ua subject of the "Ohnp~an 'l'a blo." fl.lr-~!lGi' 'i!e "o:7ill bo glad to look if you can 13ive us more definite references. Uo are enclosing our co.taloga listing the publications of the American Uedical Assoc:tation. Yours very truly, JOUR,.T\IAL AUERICAN PfilDICAL ASSOOIATION .. �-J THE INDUS'.rRIAL CCY..ll.!ISS!ON OF UTAH S-hate Capitol Commiaoioners o.F. Mc Shana Salt Lake City, utah Wm. l'J. Knerr Henry N. Hayes August 4th, 1932 Carolyn I. Smith Secretary Dr. Jay George i:'nn110r, I1ezzanina li'loo~ Suite First Security Barus: Bldg., Rock Springs, t'iyomin.g. Dear DoctOi" \'!annor: Replying to your favor of July 3oth, 1932, ue are encloeirig to you herewith copy ot Chapman's Percentage Vision Table. We are vary happy to furnish you \1ith this infor• mation. Very respectfully yours, r;m. ll. Knerr (Signed) \~'UK:H ¥mi. ll. Knorr, ChairfiW.11 �., " CHAPMAN' S PERCENTAGE VISION 'l'ABLE if.A. Chapman, M. D., 1:!ilwaukce, Wis. 20/15 l0Ofo Vision a Suparexcellant Vision 20/20 l0O'fa " No loss of Vision 20/30 95~ II -... 20/40 90~ ti 20/50 BS% • 20/60 81¥ 20/70 15% 20/80 70'fo 20/90 ti ti H :: l~ II t1 ti rt c· 15" " " tt u 0 2ot II II n C 25~ II (Q n It 0 30~ 1a n n 65~ u· = 35% , t~ II If 20/100 60% II = 40~ II II It 20/uo 55% II ti " II 20/120 Saio u t1 Cl r, 20/130 45% n n n n 20/140 40t ti 6o% II n II- 20/1,0 3'% II 65'/o II It 20/160 30% .. n It 20/170 25'/o It n 1t " " " 20/180 20',t n n n n 20/190 lS~ " ct II " 20/aoo n II " " 20/210 lofo s't. n It n 2&/220 9'/o d It " I) • ft " C 5'fo - 45~ ·• SO'fo - 55% -- -- 1f, 70fo - 75'/o --- a,~80'/4 ti'" = 9<Y/o -- 95~ : 100% . �Ill THE Jl..!lERICAN ACADEMY OF OPHTHALMOLOGY M'D OTOLARYNGOLOGY . Section of Inatructi011 Dr. Harry s. Gradle Secretary: Ophthalmology 58 E. Washington st., Chica.go, Illinois. Dr. William V. Mullin Secretary: otolaryngology Clevela:rxl Olinio Cleveland, Ohio August 30, 1932. Dr. Jay George ne.nnar First Security Bank Buildi?Jg Rock Spri»gs, Wyoming Uy dear Doctor: Dr. Gamble turned over your letter of August 23rd to me for answer; '!be so-called Chicago Ophthalmology Society table and the om known as the Chapman table are entirely antiquated. as well as are many · of the oth<3l" similar tables in which c;ompensation is based solely upon cemroJ. visual acuity. I have no copies of tho ee tables available, but I sm referring your letter and my a.I1S\10r to Dr. Woodward, legal director or the A.M.A. He my hllve them in which case I am sure that he will be kind. enough to sem you aopiea. not he can inform you whore they are to be obtained. Very sin:erely yours 1 (Signed) Harry Gradla HARRY s. GRADIE HSGsAG If �AMERICAN MEDICAL ASSOCIATION Bureau or Legal Medicine a.nd Legislation Williv.m C. f!oodwurd, H.D. • L.L.H. 1 Director 53S North Dearborn street, Chicago, September 6, 19,32. Dr. Jay -George r.unner, First Security Bank Bldgop Rock Springs, 1.'/yoming. Dear Dr. V.'anner: Dr. GI-adle hua referred to r..10 your lot~G(~i' of August 23rd, rola"Give to tables nou in use for the purpose of computing loss of vision. \ I knou nothing of tha table or report of the Chicago Ophthalmological Society and nothing of the so-cllllod Chapmnn ·table. While you ask for information concerning all tables of this chc.\rncter that are 11 in present use in the computation of industrial ca.sea," I venture to submit the follouin:g information, \;"i.tllout I;;nouing r,hother the tablas and methods referred --~o are or are not in common use tcda.y. ':i..11omus Hall Shaatid, Ophthalmic Jurisprudooce: .A repr.i nt frCLl i"'ae AP0rican E.ncyclopsclia of Ophthalmology (Ylhore the Title is "Legal R0 lationo of Ophthalmology-11 ). Under the ~bove title, Dr .• Sb.astid, of Superior, D'ioconein, print~ n.For .Privato Distribution Only, 11 through the Cleveland.. Pr·e.s a at Chicago, in 1916, the vo1Uil!e named above. On pages 73 and f .o llaoing, he discusses Vis:us.l Economics. A-t the beginning of his discussiOll, he say·s : "li'ol"' an entirely different view ot ·this subject, see, in thia Encyclopedm., (of -O phthalmology), 'Visu;11 economics' a very thorou~ articlG by Dr. E. E. Holt.n • H. :r.Iagnus and H. V. Uurdemami, Visual Econanios with Rules for Estimltion of the Earning Ability Mtor Injuries to the Eyeei. This book ~as published "For the use of the modic~l am legal professions, business corpoN1.tions and insurance officials. 11 It ~s published by c. Porth, lOS Grand Avenue, llilmiukoe, Wisconsin, in 1902. It contains tho most complete exposition of Visual Economics ~ith tihioh I am acquainted, covering 132 po.gee of text and tablos, \7ith a bibliography. Shastid refers in complimentary terms to this book. Henry H. Kessler, Accidental Injuries: Tho Medico-Legal Aspects of Uorkmen• s Ccmpensation nnd Public Liability. Publishod by Lea & Febiger, Philadelphjle., 193L Kassler devotaa a.bout 10 pages to a discussion of tho evaluation of the loss ot vision ard gives a br~ef bibliography. �F~unk .'\llpox-·~. t,:'orkm.sn's Compensation ui"lih Especial Reference ·i;o Loos of Viaion. Published in tho Jourllal. ,of too lll'Jarican liedioo.J. Association, 74: 166-168 (.January 17) 1920. Allport submits a "table, recel'ltly o.dcpted by -~he Chicago Opht~aJJ!lological Society, obich it io hoped may bo univorsa.lly and um.formally adop-ted." 1'111ile the .American Medical Aasoeie.tion is not prepaE'ed to furnish to. the industrio.l corporation to uhich you rei'e'il' clippings and rep:i"ints from itz otm files, you as.-~a :i'ollo~ of the Msociation can obtain for your otm temporary use, according to ths leaflet thnt I enclose, hore 1uith a :ipuckage library" on the appraisal of the lose of vision, which you ms.y find. of valu:, o I! you desire suoh a 11 package library," it r1ill be necessary for you to make application for it, in accordance v1ith th0 enclosed ino·i;ructions. Yours truly, {Signed) Um. G. Wo_ od~'.'~d Dlirector t}(;J:DC Enelo �THill PAC:.KJ\GE LIBRARY Neri Service of Assoc:i.ation He,_a dquartors Nor., Available As an outerottGh of the_ indexing, bibliographic and lending services, ·;,;ho Library of ·tho J-.merican Medical Association has colle~-ted published mator:lul, in th0 form of i-eprints a1'ld po.geo i'l'il!U pe?iodieals, on nany phusoa of medicine and surgery. '.mis n:atcrial t1ill be loaned to mar:1bers of ·iho As uociation or to subscribers ·to i·is publications fox- a small charge, covering mel'ely the cost of collecting ·the · material and The collec·i;ia:a. does not contain nrticl&s in f'oroign languages, oi" ar't i clcs en highly speciullzed "i;opica, but theoe fJJly be supplied ,:hen oopecially requested. The foll011ine 5..s ·i;he liBt of rules governing the package library: 1. Requos·~s f.or packages should be addressed 11 Lil)rary, f..merican t!edicol .J:l...s sociation. 11 2. Only one :.;, ackage nay bo borro\Jed o.t one tir:.IQ. 3. 'l\1011:ty-riv~ cents in sti:tmps must b0 onoloaoo to cover postage and part of e::) onso of collecting the ~tor.ial. 4. _Paclrng~o muot not be kept longer the;~ .si.:c ~·k:.yo. 5. Pe.c.kages, or items contained ·tuerein, that are lost can be replaced, if' at all, only by tho purchase ot acma or all of the lost item. Tho actual ·c ost of replacing such items must be borne by tho borrouer. 6. \7hen returning the package, tear of'f the slip eont \'Ji.th package end paste on wrapper. Please notify '.Lbe Library, American Medical .Msociation, 535 N. Dearborn st. - postal card is suf'ficiont when the package is mailed back. �Grelli, Angelo Muri!lko, Mike • Gw lffiC ,' 1:-oui:s , Ma.y~ew, Frank Smith, James McTee, Joseph , Sr. ~vich, Mike Decora, Joe, Kontakis, James .Aokerl.und, -~ttuth ReJlll.·tz • John K. Zamboni,. Louis Williams, Waino Crawshaw, SQ.m �t( - - - - - --- -- - - - - - - - - -- - - - - - - - -- - - -- - - - - - - · - - ··- - - -- -- --- . - - - - � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Workman's Compensation 1932-1939 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1932-1939 Subject The topic of the resource Workman's Compensation, 1932,1933,1934,1939 Description An account of the resource Letters and documents related to the workman's compensation from 1932-1939. They are all separately bound with brass pins and stored in an orange file. Some pages are faded may be hard to read. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource George B. Pryde, I.N. Bayless, T.S. Taliaferro Jr. Identifier An unambiguous reference to the resource within a given context 1-0240 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/e395b450352425143a3e5d8f4c35b439.pdf e268d26fd24c44762a3d57667380990b PDF Text Text Q,uestions and Answers on Deposit Insurance The Federal Deposit Insurance Corporation Circular No. I August 1934 �FOREWORD Since Federal deposit insurance became effective on January x, 1934, a great many questions have been asked concerning what the FEDERAL DEPOSIT INSURANCE CORPORATION is and what it does. In the following pages these questions have been answered in the light of the law under which the insurance is afforded. It is hoped that this pamphlet will give depositors, in particular, and the general public as well, a clearer idea of what deposit insurance is doing for them. In actual results the plan has been eminently satisfactory. For example, insured deposits of four banks which have been closed since the Corporation went into operation were being paid on August I. It was estimated that 99 percent of their depositors would be paid in full. The depositors of closed insured banks are assured of immediate payment. In the four suspensions cited above the Corporation has begun paying depositors within ten days of the appointment of a receiver. Page2 �THE CORPORATION 1. Q What is the FEDERAL DEPOSIT INSURANCE CORPORATION and how was it established? A. It is a Corporation created for the purpose of insuring bank deposits. It was established by an act of Congress approved June 16, 1933. 2. Q Who controls the Corporation? A. A board of directors of three members. Two are appointed by the President by and with the advice and consent of the Senate. The other member is the Comptroller of the Currency, who serves ex officio. Not more than two directors can be from the same political party. 3. Q. Where are the offices of the Insurance Corporation? A. The main office is in Washington, D.C., and there are 15 district offices situated in various sections of the country. (A list of these district offices, with the territories they serve, is to be found on p. 10.) THE INSURANCE 4. Q. What is deposit insurance? A. The protection of depositors against loss of • their deposits in the event of bank failure. At the present time the maximum amount insured for each depositor is $5,000. 5. Q. When did the FEDERAL DEPOSIT INSURANCE CORPORATION begin insuring deposits? A. January 1, 1934. THE FUND 6. Q. What is the Temporary Federal Deposit Insurance Fund? A. A fund created by payments from insured banks. Page3 �~ 7. Q. How long will the temporary phase of deposit insurance continue? A. By act of Congress itis to continueuntilJuly 1, 193 5, when it will be replaced by the permanent plan. 8. Q . Is the FEDERAL DEPOSIT INSURANCE CORPORATION a permanent organization? A. Yes. g. Q. What is the source of the moneys of the Insurance Corporation? A. They come from three sources: A subscription from the Treasury of the United States of $150,ooo,ooo, a subscription from the Federal Reserve banks of about $140,000,000, and payments by insured banks. 10. Q. How large is the Fund and how are its moneys invested? A. At the present time it amounts to $320,000,000 and is being held in cash or invested in United States Government securities. The Corporation may also issue its bonds to the Reconstruction Finance Corporation to the amount of another $250,000,000, although this has not been done as yet. ELIGIBLE BANKS I I. Q. Do all banks have deposit insurance? A. All banks which are members of the Federal Reserve System (which includes all national banks in the United States and some State banks) were required by law to join the Temporary Federal Deposit Insurance Fund. State banks not members of the Federal Reserve System were free to apply for insurance or not as they chose. The great majority of them are now insured. Q. How are insured banks to be distinguished? A. After October 1, 1934, insured banks will 12. carry the insignia of the F.D.l.C. at their receiving windows. (A reproduction ofit is to be found on p. I 1.) Further, they ha.,ve been supplied with a certificate of membership which they will be glad to show you. Page4 �' I 3. Q. How many banks are members ef the fund? A. On August 1, 1934, there were 14,054 of the nation's banks in the fund. Of these, 963 were State member banks of the Federal Reserve System, 5,438 were national banks, and 7,653 were State nonmember banks. 14. Q. Can mutual savings banks become insured by the Corporation? A. Yes. The benefits of deposit insurance are available to mutual savings banks. 15. Q. Can savings banks become members ef the Temporary Federal Deposit Insurance Fund? A. Yes; together with all banks doing a deposit business they are free to apply for insurance. 16. Q. Among insured banks, wlzy has interest on demand deposits been prohibited and a maximum interest rate set for time and savings deposits? A. Under the Banking Act of 1933, banks which are members of the Federal Reserve System are prohibited from paying any interest on demand deposits and it is made the duty of the Federal Reserve Board to adopt regulations prescribing the maximum rates of interest to be paid on time and savings deposits. To carry out this policy and in the interest of sound banking the Federal Reserve Board set the maximum rate of interest at 3 percent on time and savings deposits. The member banks to which this regulations applied were required to insure their deposits. Other banks were permitted to insure their deposits upon voluntary application. Congress declared that all banks should enjoy equally the benefits of insurance. In order to secure such equal enjoyment it was necessary for the FEDERAL DEPOSIT INSURANCE CORPORATION, by regulation, to prevent the banks which were not members of the Federal Reserve System from paying any interest on demand deposits and from paying a higher rate of interest on time and savings deposits than could be paid under the lawful regulations of the Federal Reserve Board. An important Page5 �~ attribute of sound banking has thus been extended to all insured banks. CLOSED BANKS 17. Q. Wizen a bank is closed through inability to pay its depositors, does the Insurance Corporation make the insured portion of deposits immediate?J available? A. Yes. Just as soon as a receiver or liquidator has been put in charge the Insurance Corporation proceeds to make the insured deposits available to the depositors. 18. Q. What is the method for making available to the depositors the insured amount of their deposits? A. A new national bank is immediately set up by the F.D.I.C. to pay the insured deposits of the closed bank. 19. Q. Does the new national bank set up by the F.D.1.C. pay interest on the insured accounts of the closed institution? A. No. Interest is not paid on the insured accounts of closed institutions. 20. Q. What happens to a closed bank after tlze Corporation has taken over the insured deposit liability? A. A closed bank is placed in liquidation. If it be a national bank the Comptroller of the Currency appoints the Corporation as receiver. If it be a State bank the Corporation may or may not be appointed receiver, depending upon whether the State law authorizes such appointment and upon the discretion of the appointing power. To facilitate liquidation the Corporation may purch~e the assets of the closed bank if it be a member of the Federal Reserve System. 2 1. Q. Does the Corporation pay the insured deposits regardless of the reason for failure of a closed bank? A. Yes. The purpose of deposit insurance is to prevent loss to depositors and hence the reason for failure does not influence the Corporation's liability. Page6 ! �DEPOSITS INSURED 22. Q. What is meant by the phrase "owner of a claim arising out of a deposit liability" of a closed bank? A. Any person holding evidence of a bank's deposit obligation to him or evidence of some debt arising from the bank's deposit obligations is considered the owner of a claim against the deposit liabilities of a closed bank. 23. Q. Are any deposits preferred under the scheme of deposit insurance? A. No. All share equally in the benefits of deposit insurance. 24. Q. Do all types of deposits have the benefits of insurance? A. Yes. All types of personal and corporate deposit obligations, deposits of public funds, and deposits of other banks in insured banks are included in the plan. Trust funds awaiting investment are also included in this insurance. 25. Q. Must' a depositor have $5,000 in his account before he can enjoy insurance benefits? A. No. Five thousand dollars is the insured limit for one depositor and all amounts up to and including that are fully insured. Accounts larger than that are insured up to $5,000. This does not mean that a depositor with an account of $100 will be paid $5,000 in the event his bank closes, but it does mean that he will get all of his $100. 26. Q. What proof of his claim is it necessary for a depositor in a closed bank to present in order to bepaid his insured deposit? A. His pass book, certificates, or other evidence of the closed bank's deposit debt to him and some means of personal identification are sufficient proof of the depositor's claim. 2 7. Q. If a depositor has billsfalling due and his bank is closed, can he check against the insuredportion ofhis account? A. No. The closed bank will be in the hands of the receiver. However, the new bank of the Page 7 �<:> Insurance Corporation will make immediately available the insured amount due him so that he will not be greatly inconvenienced. 28. Q. How does the Corporation pay the iT1Sured deposits? A. As the claims of depositors are approved and allowed, orders are issued which may be paid at once or through the Federal Reserve bank of the Reserve district where the closed bank is situated. 29. Q. May the depositor get the insured portion of his account in cash? A. Yes. The depositor may be paid in cash if he so desires. 30. Q. If a bank customer has unused traveler's checks in his possession at the time the issuing bank suspends, will they be accepted as claims against the insured deposit liabiliry of the bank? A. If the traveler's checks issued by the closed bank are the outgrowth of the holder's deposits they are acceptable to the limit of the insurance. 3 r. Q. If the books of a bank show that a husband and wife each have an account in each of their names and, in addition, have a jointly owned account, does each of these accounts come under the benefits of the insurance and are they considered separately in determining the amount due under the insurance limit? A. Yes; if the accounts are in fact owned as shown on the bank records. In the case of the jointly owned account, however, the right of survivorship must have been provided. 32. Q. If an estate of $20,000 is being held in a closed bank and there are four heirs to share equally in it, is the account thus fully insured? A. If the title of the · account states the names of the four heirs and specifies that they are to share equally, the account is separately owned in four equal undivided parts and the individual owners are fully protected. If the title is not so held the account is considered as a unit and the amount payable by the Insurance Corporation is limited to the maximum of $5,000. PageB �---~ . Q. Wo~ld it be po~sible to take four equal negotiable certificates of deposit for an account of $20,000 33 and thus procure full insurance? A. No. This would cause their holder to be an owner in the same right and in the same capacity and, hence, his insurance claim would be limited to $5,000. If after taking them out the original owner subsequently transferred them to four separate persons in the usual course of business, each of those holders would, however, have an insured claim. Page9 �.sFEDERAL DEPOSIT INSURANCE CORPORATION DISTRICT OFFICES AND TERRITORIES SERVED District No. r.-Boston, Mass.: Massachusetts Maine, New Hampshire, Vermont, Rhode Island: and Connecticut. District No. 2.-New York Ciry: New York, New Jersey, and Delaware. District No. 3.-Columbus, Ohio: Ohio and Pennsylvania. District No. 4.-Richmond, Va: District of Columbia, Maryland, North Carolina, South Carolina, Virginia, and West Virginia. District No. 5.-Atlanta, Ga.: Georgia, Alabama, Florida, Mississippi, and Louisiana. District No. 6.-Louisville, Ky.: Kentucky, Tennessee, and Indiana. District No. 7.-Springfield, Mo.: Missouri and Arkansas. District No. 8.-Chicago, Ill.: Illinois and Iowa. District No. 9.-Madison, Wis.: Wisconsin and Michigan. • District No. ro.-St. Paul, Minn.: Minnesota, North Dakota, and South Dakota. District No. II.-Kansas Ciry, Mo.: Kansas, · Nebraska, and Oklahoma. District No. 12.-Dallas, Tex.: Texas and New Mexico. District No. 13.-Salt Lake Ciry, Utah: Montana, Utah, Nevada, Wyoming, Colorado, and Idaho (southern counties). District No. 14.-Seattle, Wash.: Washington, Oregon, and Idaho (northern counties). District No. 15.-San Francisco, Calif.: California and Arizona. Page ro �A A A A A A (I OEPOSIT~v INSURED The Federal Deposit Insurance Corporation WASHINGTON, D. C. MAXIMUM INSURANPE $5000 $5000 FOR EACH DEPOSITOR NoTE.-The above sign is .being displayed • at the receiving windows of all insured banks. effective October 1, 1934. Mutual savings banks operate under a separate fund and have the privilege of electing $2,500 or $5,009 as the maximum insurance V V V V V V 79527°-M U, S, GOVERNMENT PRINTING OPflCE I IIU � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Deposit Insurance 1934 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. August 1934 Subject The topic of the resource Deposit Insurance, 1934 Description An account of the resource A booklet answering questions about Deposit Insurance. It is stored in an orange file with Workman's Compensation files. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource The Federal Deposit Insurance Corporation Identifier An unambiguous reference to the resource within a given context 1-0239 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/5d1fbb606675ff56eacb3e2e83611fc3.pdf 7f0edf5ae91d5d7c510ff38672780f41 PDF Text Text STATE OF WYOMING WOJRli(MlEl\P§ COWiIJPEN§A'fKON ACT And Acts Relating Thereto With All Amendments To Date MAY 1, 1933 Compiled by H. R. WESTON, STATE TREASURER CHEYENNE, WYOMING I· I �--, WORKMEN'S COMPJENSATION ACT CHAPTER 124 R. s. 1931 Section. 124-101. Name of law. 124-102. General provisions. 124-103. Provi sions exclusive, compulsory and obligatory. 124-104. Extra-hazardous occupations defined. 124-105. Exceptions. 124-106-7. Definitions. 124-108. Guar dian may act for persons under disability. 124-109. If other than employer is liable. 12f-110. This chapter governs as to liability of employer. 124-111. Blank forms supplied by state treas urer, 124-112. Repor ts of accident. 124-113. Investigation by the district judge-Procedure in disputed cases. 124-114. Appeal to supreme court. 124-115. Court order recorded-Copies to auditor and treasurer. • 124-116. Industrial accident fund-Appropriation. 124-117. Employers' assessments. 124-118. Filing of payrolls with state treasurer. 124-119. Inspectors-Failure to pay assessment-Penalty. 124-120. Compensation schedule. 124-121. Additional compensation for disfigurement. 124-122. Compensation for hernia. 124-123. Forfeiture by injured employe-Payments withheld. 124-124. Exemption from excution or attachment. 124-125. Minor workman. 124-126. Extra-hazardous public work-Contract wor1c. 124-127. Safety devices. 124-128. Unlawful to receive more than 5 per cent of compensation for services rendered. 124-129. Physicians required to testify. 124-130. False statement by employee. 124-131. Annual report by state treasurer. 124-132. Examination by .state· treasurer. I Id I' 'I 'I ; i i I �2 WORKMEN'S COMPENSATION ACT Disabled workman examined by employer's physician-Recovery reported to court. 124-134. Employes' statements of dependent persons. 124-135. Assignment of rights and benefits. 11<124-136. Closing of accounts. 124-137. Actions again st employer independent of • cha pter. 124-138. Re-opening of cases. 124-139. Dill s to be itemized- Ti me of filing. 124-140. Notifi cation by doctor. 124-141. Awa rds. 124-142. Deferred payment acco unt. 124-143. Bribery. 124-133. 124-101. a mc of law. This chapter shall Le known a the " workmen's compensation law." (L. '15, c. 124, ~ 1 ; C. S. '20, §4315. Workmnn 's compcn~n t ion net would be vali<l ns to the rc- m.ninde t· e ven if the provh;ion fo r non-pay ment for the first ten dnys wn s in\·nli<l, beinJ?" se,·crnble. Zancanclli v. Central Coal & oke Co .. 25 Wyo. 51 l. l i3 P . 9 I. Workm n's rompentmtion :tct is valid, an d not contrary to nny 1>rovh~ion of the state or f ederal cons titutions. Id. ,vor km cn"s compensntion net docs not ,·iolntc am<?ndment to co nst. a rt. l 0 , ~ 4, provid ing compensntion "to each person inju red ," in that no compensation is a llowed for first 10 days of di sabili ty. l d. W ork men 's compensat ion ne t , § 12•1-11 3. does not deny the right of an c mploye to be represented by counsel, in view of § 12~- 12 . relatin g lo fee, o f a ttorn eys. Id. \Vorkmcn's COrt\pe nsn ti on net is not. un constitutional in that the tH·ovis ion t hat childre n ove r the a ge of 16 shnll not be cons ide red <lc11~ndents unl ess incapacitnted. Id. ,vorkmcn·s compensation net is not unconstitutionnl in that non1·esi<lcmt ah cu family of deceased cmploye shnll receive only 3:l a,cr cent of amount allowed to reaidents of state. Id. This chapter held. not based on unreasonable c1a5sification, citing const . art . 1 § 34. Ideal Bakery v. Schryver, 43 Wyo.-, 209, P. 284. Under § 124-124, providing th:,t no money pnyable under this chapte1·, shall, prior to issuance and delivery of warrant therefor. "pasd to any other ,person by operation of Jnw," the rights of nn injured employe to compensation prc:r vide<I for in §§ 124-102, 124-103, 124-113, did not pass to his administrato!" as an asset of his estate on his dcnth :ifter nwar<I hnd been made. but before the issuance or dclive.-y of the wnn·nnt ..i:,rovided for in § 124-115 . since in its or<linnry nnd usunl ~cnse within § 11 2-101, the ph1·nse .. by operntion of law," when u sed to desrribe a method by which title to property is t1·ansferred, includes a transfer by intestacy. La Chnppelle v. Union Pacific Coal Co., 29 Wyo, 440, 214 P. 58i. This chapter cit,,d in State v. Carter, 30 Wyo. 22, 43, 215 P. 477, 4M,J. Findings on evidence in compensntion contest conclusive. Standard Oil Co. of Indiana v. Sullivan. 33 Wyo. 223, 237 P. 253. Award not conjectural, tho~h different finding justi!icd. Id. Under this chapter there is a prima !ncie right to rom.. ;pensation when disability or death is result of nn injury sus--• tained in c."trn-hnzar<lous employment and tho right thereto ■ bould not be denied unless the injury wru, due solely to the negligence of the workman whose injury or denth is the basis of the clnim, and the burden of proving auch affirmntive defense is on the employer, in view of § 124-112. Hotelling v. Fargo-West.em Oil Co., 33 Wyo. 240, 238 P. 642. ---•This section omitted In R. S. 19S1. �WORKMEN'S COMPENSATION ACT 3 T otul disnbil ity . should not be d cc la rc<l perm ane n t , un less cer ta in . Ca r ter 011 Co. v. Gil,son, 34, W yo. 53. 24 1 P . 219. pe~~~~;: ~. hi J ~• lo j ustify fi nding th at t ota l di sability was Legis_latu rc mny impose duty on court reporter of mukin[: • ~~n~-~~~~t; 4~~ ~~~ ~;~s{t~~n cases f ree of cost. l n re Winbo1·nc, This chnp te r ci t ed in const ruin g §§ 124-104 nnd 124-1 07. re Knros, a4 Wyo. 357, 2•13 P. 693. Jn Rul o thnt in cnsc of con fli cting cvh.Jcncc appell ate court ,•d :I not _rcvc 1'~C judgment s upported by substunlial cvitlence, he!<l, s pphcablc to cn.scu u nde r t his chr~JJte,·. McMnhon v. Midwest Refi n in g Co. , 36 Wyo. U0 , 252 P. 1027. T hie ~h3ptcr cited in construi ng certai n sections hereo f. In re H ibler, 37 Wyo. 332, 2Gl P . 64 8. Th is ch n11te r citc<l in Rci nts ma v. Standa rd Oil Co., 37 Wyo. 471, 263 P . 61~. annotated u nder § 124-114. Cited in const ruing § 124-112. I n re Martini, 38 W yo. 172, 2G5 P. 707. 124-102. Genem l prov1s1ons. Compensation herein provided fo r sha ll be payable to persons injured in extra-hazar dous employments, as herein define d, or the dependent families of such, as die, as t he r esult of such injuri es, except in case of injuries due solely to the culpable negligence of the injured employes . Said compensation shall be payable fro m fund s :in the state treasury to be accumulated and ma intained in the ma nner herein provided. The right of each employe to compensation fr om such fu nds shall be in lieu of and shall take the place of an y and a ll rights of action against any employer contributing, as required by law, to such fund in fa vor of any s uch p erson or persons by reason of any s uch in jury or death. Sections 23-129, 89-403 a nd 89-404, and all laws or parts of laws relating t o damages fo r injuries or death from injuries or in anywise in conflict with this chapter a re hereby repealed, as to the employments, employer s and employes coming within the terms of this chapter. [L. '15, c. 124, § 2; C. S. '20, § 4316. Quotc<l in Znncanelli v. Central Coal & Coke Co., 25 Wy0. 511, 173 P. 981 ; and in Ideal Bakery v. Schryve r, etc ., 43 Wyo.- , 299 P . 284. Cited in Lv. Chappelle v. Union Pacific Con! Co., 29 Wyo. 449, 214 P. 587, nnnotatod under § 124-101. The wo rd " solely, " ns used in Cons t . nrt. 10, § 4, nnd th/a Ecction, enncted pursuant to authority t here gi ven . is a word of exclusion , nnd may be used to mean .. only" or "exclusively ... nnd as used must be given n reasonable meani ng , in v:ew of the known policy of th is cha pter. Hotelling v. Fnr goWestern Oil Co .. 33 Wyo. 240, 238 P. 542, P10of h eld, insufficient to sustain affirmative defense that wo1·kmn.n's death wns due solely to his own negligence: !ct.. low workman's negligence immntednl. Id. City cmploye, injured wh ile impounding nnimnls , wh ich occupntion wns not w ithin compensation law, could not recover compen sation, though . al so employed ns truck dri ver, which was within luw. Leslie v. City of Casper, 42 Wyo. 44, 288 P. 15. 124-103. Provisions exclusive, compulsory and obligatory. The rights and remedies provided in this chapter for an employe on account of an injury shall be exclusive of all other rights and remedies of such employe, his personal or legal representatives or dependent family at common low or otherwise on account of such injury; and the terms, conditions and provisions of this chapter for the payment of compensation and the amount thereof for �4 WORKMEN'S COMPENSATION ACT . . •es sustained or death resulting from such in~n~~~ shall be exclusive, compulsory and obliga~~ry upon both employers and employes coming within the provisions hereof. [L. '15, c. 124, § 3; .c. s. '20, § 4317. Quoted in Znncnnclli v. Central Conl & Coke Co., 25 Wyo. 511, 173 P. 981. Cited in Ln Chn,ppelle v. Union P acific Coal Co., 29 Wyo, 449, 214 P , 687, nnnotnted under § 124-101. 124-104. Extra-Hazardous .occupatiO'ns defined. The extra-hazardous occupations to which this chapter is applicable are as follows: Factories, garages, mills, printing plants and workshops where machinery is used; foun dries, blast furnaces, mines, oil wells, oil r efineries, gasoline filling stations and bulk oi l stations, gas works, natural gas plants, water works, r eduction works, breweries, elevators, .d redges, excavations, t ransfer companies, general teaming, gener al trucking, ditch rider of irrigation districts, smelter s, p owder wo rks, laundries operated by power, restauran t and bakery kitchens where power machiner y is used, quarries, engineering works, logging, lumber ya rds, lumbering and saw mill oper ations, dude ranching, street and interurba n rai lroads not engaged in interstate commerce, buildings being constructed, repaired, moved or demolished, painting operations, telephone, telegraph, electric light or power plants or lines, steam heating or power plants, railroads not engaged in interstate commerce, ·oridge building, the occupations of city or town firemen and city or town policemen, and all employments wherein a process requiring the use of ·any dangerous explosives or inflammable materials is carried on, which is conducted for the purpose of business trade or gain, each of which employment is hereby determined to be extra-hazardous and in which, from the nature, conditions or means of prosecution of the work therein required risks to the life and limb of the workmen engaged therein are inherent, necessary or substantially unavoidable. This chapter shall not apply in any case where the injury occurred before this chapter takes effect, and to all rights which have accrued by reason of any such injury, prior to the taking effect of this chapter, shall be saved the remedies now existing therefor. [L. '31, c. 94, § 1; amending L. '29, c. 46, § 1; L. '23, c. 60, § 1; L. '21, § 138, § 1; C. S. '20, § 4318. Questions of negligence for injury received in extra-hnzanlous occupations stated. Hotelling v. Fargo-Western Oil Co., 33 Wyo. 240, 238 P. 642. Plasterer, contrncting to move house nnd hiring helper, held, employer engaged In moving buildings. In re Karos, 34 Wyo. 357, 243 P. 593. .a~. an~~~Ji" u~~ie§ ~ 2 of Casper, 42 Wyo. (4. 288 P. 15, Quoted in Ideal Bakery v. Schryver, etc., 43 Wyo.- - , 299 P. 284. I. �WORKMEN'S COMPENSATION ACT 5 124-105. Exceptions. This chapter shall not be const rued to a pply to business or employments, which, according t o law are so engaged in interstate commerce as to be not subject to the legislative power of the state nor to persons injured while they are so engaged, nor to any employe engaged in domestic ::,ervice, r anch, f arm, agricultural, or horticultural labor, or stock r aising, or any person holding a n appointment as sheriff, or deputy sheriff, or constable or deputy const able. [L. '23, c. 60, § 2, a mendi ng C. S. '20, § 4319. 124-106-7, Definition s. In t hi s chapter unless the context otherwise requires: (a) "Factories" mean any premises wher ein powe r is used in manufacturing, making, alte ring, adapt ing, ornamenting, fini shing, repair ing, or r enovating, any article fo r the purpose of trade or gain, or the business carried on therein, including expr essly any brick yard, meat packing house, foundr y, smelter, ore reduction works, lime-burning plant, stucco plant, steam heating plant, electric lighting or power plant, including all works in or directl y connected with the con truction, installation, operation, alteration, removal or r epair of wire , cables, switchboar ds or appa ratus used fo r the tra nsmission of electric current, and water power plant, including tower and standpipes, power plant, blast fu rnaces, paper mill, printi ng plant, fl our mill, glass facto r y, cement plant, artificial gas plant, machine or r epair shop, oil plant, oil refinery plant and chemical manufacturing plant ; (b) "Work shop" means 1 any yard, plant, premises, room or place where power driven machinery is employed and ma nual labo,r is exercisect by wa y of trade or gain, or otherwise incidental to the process of making, altering, repairing, printing or ornamenting, finishing or adapting for sale or otherwise any article or part of article, over which premises, room or place the employer of the person working therein has the right of access or control; (c) "Mill" means any plant, premises, room or place where machinery is used, any process of machinery, changing, altering or repairing any article or commodity for· sale or otherwise together with the yards and premises which are a part of the plant including elevators, warehouses and bunkers, saw mill, sash factory or other work in the lumber industry; (d) "Mine" means any opening in the earth for the purpose of extracting iron, oil, coal, or other minerals and all underground workings, slopes, drifts, shafts, galleries, wells and tunnels, and other ways, cuts and openings connected therewith, including those in the course of being opened, sunk or driven,· and includes all the appurtenant struc• tures or machinery at or about the openings of the �6 WORKMEN'S COMPENSATION ACT mine and any adjoining adjacent work place where the :naterial fror.i a mine is prepared for use or .shipment; (e ) "Quarry" means any place, not a mine, where stone, slate, clay, sand, gravel or other solid material is du g or oth erwise r emoved from the earth for the purpose of trade or bargain or of the employer's trade or bu iness ; (f ) "Building wo rk" means any work in the erection, construc tion, exten ion, decor a tion, alteration, r epai r or demoliti on of any building or structural appurte;i ances; (g) "Engineering work" means any work in the constructio n, altera tion, extension, r epair, or demoliti on of a railwa y (as hereinbefore defined) bridge, jet ty, clike, dam, reser vior, underground conduit, sewe:r, oil or gas well, oil tank, gas tank, water t ank or tower, or any cai s on work in artifi ciall y compressed air, any work in dredging, work .on log or lumber raf ts or booms ; pile driving, moving buildings, moving safes, or in laying, repairing or removing under gro und pipes and connections; the er ection, in stalling, r epairing, or r emoving of boilers, furna ces, engines and power machi nery (including belting and other connections ) ; and any work in grading or excavating where shoring is necessary or power machinery or blasting powder, dynamite or other hi gh expl osive is in use ( excluding mining and quarrying); ( g-1) "Dude r anching" fo r t he purpose of this chapter is defined and means a ranch conducted primarily for the accommodation and entertainment of guests for monetary consideration; (h) "Employer" includes any municipality, county, person, or body of persons, corporate or incorporate, and the legal representatives of a deceased employer or the receiver or a trustee of a person, corporation, association or partnership. (i) "Workman" means any person who has entered into the employment of or works under contract of service or apprenticeship with an employer, except a person whose employment is purely casual and not for the purpose of the employer's trade or business, or those engaged in clerical work, and not subject to the hazards of the business, or one holding an official position. The term "workman" shall include "employe" and the term "employe" shall incude "workman" and each shall include the singular and plural of both sexes. Any reference to a workman who has been injured shall where the workman is dead, include a reference to his "dependent family" as hereinafter defined, or to his legal representative, or where the workman is a minor or incompetent, to his guardian or next friend. · . (j) "Dependent families" as used in this chapter means such members of the workman's family as were wholly or in part actually dependent upon �WORKMEN' S COMPENSATION ACT 7 the workman for suppo1t at the time of the injury; if it be shown that the spouse wilfully deserted the workman without fault on the part of the workman, such spouse will not be regarded as a dependent in any degree. No spouse shall be entitled to the benefits of this chapter or influence any award made hereunder unless he or she shall have been married to the workman by a marriage duly solemnized by a lega l ceremony, at the time of the injury. (k) " Child or children" means the immediate offspring or legally adopted child or children of the injured workma n, boy under ixteen years of age and girl s under eighteen years of age (and over said a ge, if physically or menta lly incapacitated from earni ng ) a nd shall also include legitimate children of the injured workman born after his death or inj ury. In other cases, questions of family dependency in whole ol' in part shall be determined in accord ance with the f act, a s the case may be, at the time of t he injury; th e fo regoing definition of "dependent fami lies" shall not include any of the persons na med, who a re aliens 1·esidi ng beyond the jurisdiction of the United States of America, except a surviving widow, or boys under sbcteen (16) years of a ge ·or girls un der eight e n (18} years of age, or pa rent or p arents, and as t o such non-resident aliens the ra te of ,compensation shall not exceed thi rty-three and one-th ird per cent (33 1/ 3 % ) of t he ra tes of compensation herein provided. (1) The words "injuries sustained ln extrahazardous employment," a s used in this chapter shall include death resulting from injury, and injuries to employes, as a result of their employment and while at work in or ahout the premises occupied, used or controlled by the employer, and injuries occurring elsewhere while at work in place$ where their employer's business requires ·their presence and subjects them to extra-hazardous duties incident to the business, but shall not in,clude injuries of the employe occurring while on his way to assume the duties of his employment or after leaving such duties, the proximate cause of jVhich injury is not the employer's negligence; (m) The words "injury and personal injury" shall not include injury caused by the wilful act of a third person directed against an employe for reasons personal to such employe, or because of his employment; nor a disease, except, as it shall directly result from an injury incurred in the employment; (n) '"Invalid" means one who is physically or mentally incapacitated from earning wages. [L. '16, c. 124, §6; C. S. '20, §4321, as amended; S. L. '33, c. 129, §1. Whether employe•s work is C11SUal or for purpose of employer's trade or business, within this section,_ defining work• I· �7 8 WORKMEN'S COMPENSATION ACT depends on fncls of individual case. In re Knros, 34 . . House mover•s cmploye, dr1v1ng tractor, held, workman within comvcnsntion lnw, though Cn\Ployment wus casunl. Id. ' Subdivision (1) held , to include injuries suffered through the performance of all duties of the emplorment. whether mnin or incidentnl thereto but culled for by 1t. Ideal Ilnkery v Schryver, etc., 43 \Vyo.- , 299 P. 2 •I. • W~~'. 357, 243 P. 693. Cited In ro Martini, 38 Wyo. 172, 265 P. 707, annotnted under § 124-112. 124-108. Guardian may act for persons under disability. In case an injured workman is mentally incompetent or a minor, or where death results from the injury, in case any of his dependents, as herein defined be mentally incompetent or a minor, at the time when any right, or privilege accrues to him under this chapter, his guardian may, in his behalf, .claim and exercise such right or privilege and no ~~ I:;• ;; s~~l~ t~~ati!~:tf::~~e<!ni~o:~ ~1:~ia~~~. has no guardian. § 4322. [L. '15, c. 124 § 7; C. S. '20, 124-109. If other than em ployer is liable. Where .an employe coming under the provisions of this chapter r eceives an injury und°er circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof, and no legal liability attaches to the employer, then and in su.ch case such employe shall be left to his remedy at law against such other person, and compensation shall not be paya ble under this chapter. [L. '15, c. 124, § 8; C. S. '20, § 4323. 124-110. This chapter governs as to liability of employer. No contract, rule, regulation or device whatsoever shall operate to relieve the employer, in whole or in part, from any liability created by this chapter except as herein provided. [ L. '15, c. 124, § 9; C. S. '20, § 4324. Whether stipulation for reopening case on certain conditions after final judgment allowing com.vensation to injured employe is void, under this section. is immaterial in determining whether court bnd jurisdiction to reopen judgment, whi~h adopted the confirmed statements in stipulation nt least m part, Midwest Refining Co. v. George, 41 Wyo. 55, 281 P. 1005. 124-111. Blank forms supplied by state treasurer. It shall be the duty of the state treasurer to prepare, .cause to be printed and supplied free for use in the administration of this chapter such blank forms· as may be needed in the administration thereof, and the forms provided by the state treasurer shall be used as near as may be in all procedure under this chapter; and it shall be the duty of the state treasurer to provide himself with such other books, records, or forms as may be deemed necessary to expedite the transaction of business under the provisions of this chapter. The state treasurer shall also pr!?pare and ·cause ~-o be printed, for the information of employes and workmen, such �WORKMEN'S COMPENSATION ACT 9 helpful instructions as will assist injured workmen in correctly making .claims fo r compensation. [L. '23, c. 60, § 5 a mending L. '21, c. 138, § 4; C. S. '20, § 4325. 124-112. Reports of accident. Whenever an acci dent occurs, causing injury to any wo rkman engaged in any of the extra-hazardous employm ents defin ed by t hi s chapter, it shall be the duty of the employer and the injured employe, or som eone on hi s behalf, or in behalf of the injured employe's dependents, if he be killed or dies from the injury, within 20 days thereafter to make a repo r t of such accident and the appa1·ent injury resulting therefrom and to file said report in the office of the clerk of the district court of the county wherein such accident occurred which report shall state : (1) The name of the injured workman and the time, cause and nature of the accident and injm-y; also whether the injury has di sabled the worlm1an from continuing the performance of hi s duties; (2) Whether the accident occurred while the workman was engaged in the duties of his employment, and grew out of the employment; (3) The nature of the employment and the <luties and how long the workman has been engag ed in the service of such employer; ( 4) Whether the accident was or was not due solely to the culpable negligence of the injured employe and if so, a statement of the facts; ( 5) Whether the injured workman is married or single; whether he has a <l'ependent family, and if so, the names of the persons .comprising such dependent family and their place of residence; (6) Whether the injured workman intends to claim compensation under this chapter. Said employer's report of accident may be made upon a printed form prepared by the state treasurer for such purposes, and shall be verified as ple.a dings in civil actions. Wilful failure or neglect, on the part of any employer whose business or occupation is one enumerated and defined herein as being extra-haza1·dous, to report ac.cid'e nts causing injury to any of his employes, shall be a misdemeanor and upon conviction such employer shall be punished by a fine of n<:,t exceeding five hundred dollars ($500.00). The injured employe's report of accident may be made upon a printed form prepared by the state treasurer for that purpose. No order or award for compensation shall be made unless, in addition to the reports of accident, an application or claim for award is filed by the injured workman, or someone on his behalf, or in case of the death of the injured workman, by his dependents or some one in their �10 WORKMEN'S COMPENSATION ACT behalf with the clerk of the district court in the count; wherein such accident accurred, within five months after the day on which the injury occurred• provided, however, if the employe's report of ac: cident, is filed within the prescribed peiiod for filing an employe's report of accident, the period of limitation for 't he filing of such claim shall be nine months. l~either the report of accidents nor anything therein contained shall constitute a claim for compensation. The employe's cla im for compensation may be amended at any time before an original order of award has be n made in order that the workm a n may correctly set out the nature of his injury. [C. S. '20, § 4326, as amended by L. '27, C. 111, § l; L. '29, C. Gl, § 1. Cited in H otelling v. Fargo-W estern Oil Co., 33 Wyo. 24~, 238 P. 542 , :rnn.:itated u nder § 124- 101. Rcl)Or t f_ile<l by e mployer, concerning acc ident and injury suffe red the reby, is ordi nari ly admissible in evidence. Ideal Bakery ,·. Scluyver, etc . •JJ Wyo. - - . 299 P. 284. ( Limitation of time f or avn li caLion for compensnt:on by in• jurcd c mploye, held, nppliculHo to iniurie,; r ·ultin,g in death, In re Marti ni. 38 W yo. 172, 266 P. 707. L imi tation fo r filing claim by injured employc, held, npplicnl>lc to c laim by surviv ing 1>~ rents. l c.l. Th nt cmployc's su n ·i vi ng pnrcnls w re in lta ly , held , no e.x.. cuse for not filin g cl aim for compcnsn tion in time. Id . Lack o f knc,w ledgc as to limitation f or filing- c laim for com-pensution, hclJ, no e:\cuse fol' C:lilure to f ile claim within pre,. scribed time. ld . 124-113. Inves ti gation by the district judge--, Procedure in disputed cases. ·whenever an injury or death resulting from injury is reported to the clerk of the district court of the county wherein such injury occurred, in accordance with the preceding section,. it shall be the duty of said clerk to at •once notify the judge of said court, that such injury report has been filed in his office. It shall thereupon be the duty of said judge to investigate the nature of said injury and claim for compensation at the earliest possible date, in such a manner as he may deem necessary to ascertain whether the claim for ~ompensation or the amount therof, is dis.puted by the employer, and if there be no dispute, as to the right of the injured workman to receive compensation, or as to the amount thereof, and .the claim appear to be free from collusion, said judge shall thereupon make an order directing payment for such compensation from the state industrial accident fund in accordance with the facts by him ascertained and the terms of this chapter. If the judge finds it necessary to refer the matter to a referee for investigation, he shall make an order in the case to that end, and upon the approval of the referee's report by the court a fee may be ·allowed to the referee not to exceed in any one case such sum as the judge may fix to be taxed .and paid as costs. Where a reference is made, and, the evidence has been taken, and _reported to the court, u?on the consent of the pa~1es, the court may consider the same and render Judgment in vacation in �WORKMEN'S COMPENSATION ACT 11 any county of the state, allowing the parties to make oral argument , or file written briefs, subject to such rules of the court a s in other civil cases. If there be a di pute, as to the righ t of said injured employe or hi s dependent family tu receive .compensation, or as to the a mount there.of, then it shall be the duty of said judge to set the case down for a hearing at the earli est po sible date and to direct notice of such hearing to be issued by the clerk of sa id court for service upon the employer and the emp loye at least seven (7) days before the date fixed for said hearing, which a id notice shall be served by the sheriff of said county without expense to either party, except that hi s actual traveling expenses shall be allowed and taxed, a s .costs. The hearing hall be conducted upo n the statement and r eport fi led by t he employer, and such forma l claims as may be presented and fil ed with the clerk of the district court by or on behalf of the injured workman. If the employer, in his report of the injury, alleges that the injury was due solely to the culpable negligence of the injured emp loye, or that the claim for compensation i s one n ot coming within t he provisions of this chapter, then a jury may be demanded by either party and the cause shall be tried , as a court proceeding. If a jury i s demanded, it may be selected from names dr,a wn from the five mile limit jury box, as in civil cases, at any time m term time or vacation unless a regular jury panel be in attendance at the cou rt on the date a ny such hearing may occur. The taking of evidence hall be a summary, giving a full opportunity to all parties to develop the facts fully. , The official ,c ourt r eporter of the district court shall attend the hearing and make a stenographic report of the evidence without cost to either party. The court or judge shall direct the county and prosecuting attorney, or other competent attorney appointed by the court to conduet the examination of witnesses on behalf of the injured workman, and it shall be the duty of said attorney to appear and perform such service without expense to either party. The employer may appear in person or by counsel and introduce evidence at the same hearing. No costs shall be taxed by the clerk except fees for witnesses, who may be subpoenaed and who shall be allowed the same fees, for attendance and mileage, as is fixed by law in civil actions, and jury costs shall be taxed to and paid from the a.ccident fund, if the verdict and judgment be in favor of the employer; but if against the employer then he shall pay the costs. The injured workman, or his dependents, may have two witnesses, as of course at the expense of the fund; said injured workman, or his dependents, shall also be entitled to two more witnesses, in addition to the above, to be allowed by the court or the judge the1·eof, on making and filing with the clerk of the court an affidavit setting forth the necessity therefor. And the injured workman, or ~s �12 WORKMEN'S COMPENSATION ACT dependents, shall be entitled to more witnesses, at the e,xpense of the fund, to be allowed by the court or the judge thereof, when there is filed with the clerk of the court, addressed to the court, an affidavit stating what other witnesses are required, together with the facts expected to be proved by them, and should, the court deem the expected evidence material, then the court shall make an order authorizing the issuing of such subpoenas for witnesses as the court may deem necessary. This provision shall apply as well in the taking of depositions as in tria l to the court. At the conclusion of the heari ng, the court shall enter an order pursuant to the erdict of the jury, if a jury be called, and ii n o ju ry be called, t he court or judge shall render a decision upon the facts a nd law of the case pursuant to the provi ions of this .c hapter, and make an order a llowing or disallowing compensation, as the law and the evi dence may warrant. In any proceeding befor a court or judge, as aforesaid, the court or judge shall have authority to appoint a duly qualified impartial physician to examine the injured employe and give testimony. The fee for such service shall be five dollars ($5.00), unless otherwise ordered oy the court, with mileage allowance, a is allowed to other witnesses, which shall be taxed as costs, and paid as other witness fees are pai d. The employer or employe may, at his own expense, also appoint a qualified physician, who may attend a nd be present at any such examination of an injured employe and give testimony at such hearing or investigation. [L. '15, c. 124, § 12; C. S. '20, § 4327, S. L. '33, c. 129, § 2. This section docs not deny the right of an cmploye to be represented by coun sel. in view of § 12'1•1 28, relating to !ees of attorneys. Znncanelli v. Central Co1LI & Coke Co., 25 Wyo. 511, 173 P. 981. Court in compensation proceeding held. authorized to secure expert testimony on effect of injury, though bcnring on ultimate !net. Sakamoto v. Kemmerei· Coul Co., 36 Wyo. 325, 255 P. 35G. Refusal to take compensation case from jury ntter em• ployer admitted there was no evidence of workman's cupable negligence, held, not error. In re Hibler, 37 Wyo. 332, 261 P. G4S. HenNUY testimony of deceased employe's wife, concerning employe's stntC!mcnts relnting to injury, admissible where no object.on wu.s mnde at tri:ll. Ideal Bakery v, Schryver, 43 Wyo. - - , 299 P . 284. Citro in La. Chuppelle v. Union Pacific Con! Co., 29 Wyo. 449, 214 P. 587. annotated under § 124-101. Citro in Midwest Refining Co. v George, 41 Wyo. 55, 281 P. 1005, nnnotnted under § 124-140. Midwest Refining Co. v. George, 44 Wyo. 25. 124-11 &. Appeal to supreme court. Any order given and made in any investigation or hearing by a court or judge, pursuant to the provisions of this chapter, shall be 'reviewable by the state supreme court on proceedings in error in the manner prescribed by the code of civil pro,c edure; provided, however, that the petition in error, bill of exceptions and record {)n appeal must be filed in the supreme court within seventy (70) days from the date of r �WORKMEN'S COMPENSATION ACT 13 decision or order on motion for new trial by a court or judge, unless the time be extended by order of court or judge ; and fifteen (15) days shall be allowed plantiff in error thereafter for filing brief, and fifteen (1 5) days thereafter shall be allowed defendant in error for filing brief, and said appeal shall be a dvanced on the calendar and disposed of a s promptly a s possible. In case an appeal to the supreme court is prosecuted on behalf of the in. jured workman, t he county and prosecuting attorney, or other atto rney rep resenting said workman, shall order a t ranscript of the record of the hearing and proceeding to be prepared by the official court reporter of t he district wherein said injury occurred and duly certified witho ut cost to said injured .workman, and said county and prosecuting attorney or ·other attorney shall orde r the papers on file in the office of t he clerk of the district court to be by said clerk prepared, t ran scripted, certified and forwarded to t he clerk of the supreme court, without C{)St t o the injured wo rkm an, and the proceedin gs in the supreme court , shall be conducted on behalf of the injured workman by the attorney general of the state a s pa rt of his official dutie~, and by any other a tt{) rney representing said workman. In .ca se an appeal be prosecuted on behalf of the employer, the r ecord of the proceedings at the original hea ring shall be supplied without cost to such employer, but such employer may employ counsel to conduct such appeal on his behalf. The court granting an appeal to an employer from an order of award shall stay, until the appeal is finally determined, the payment {)f said award or that portion thereof appealed from upon such terms as may to the court seem just and proper. [L. '31, c. 73, § 59, amending L. '25, c. 124, § 2; C. S. '20, § 4328. Law permitting retention of fees by reporter for trnnscripta held. not to repeal lnw requiring transcripts in com:vensntion cases to be furni shed without cost to parties. In re Winborne, 34 Wyo. 349, 244 P. 135. Cost of transcript, in appeal under this chapter, not contingent e.xpense vnyable out of industrial accident fund, nor from interest earned by rnid fund. Judgment on substantial evidence in compensation case i5 conclusive. McMahon v. Midwest Refining Co., 36 ·w yo, 90, 252 P. 1027. Where petition in error nnd record in compensation cnso were not filed within time limited, the supreme court wns without jurisdiction. Reitsma v. Standard Oil Co., 37 Wyo, 471, 263 P. 619. Motion for new trial, under this section, must be filed within 10 days from finnl order, and, where not so filed, error proceedings must be dismissed where motion for 11 new trial was necessnry. Standard Oil Co. v. Buchanan, 39 Wyo. 372, 271 P. 876. Procedure on 11,J)penl in ordinary civil cases applies to cases under compensation net, except as otherwise provided. Id. Assignment of error in motion for new trial not urged in brief is waived. Ideal Bakery v, Schryver, 43 Wyo. - - , 299 P. 284. Unless an appeal from an order, in proceedings under this chapter is perfected by filing record in supreme court within so day; thereafter as required by this section, or ns extended �14 WORKMEN 'S COMPENSATION ACT by order of court or jud,:!e, the su preme,. <;:ourt !ms no ju ris. diction of the cu.sc on np))e~t.l. In re h.nvokap1ch, 41 Wyo. 9, 281 P. 195 . . Failu~e of par~ics nppcalin~ ~rom award of ~Ort\J)cnsntion proceedings to fil e r eco rd wi thin statulory period required dismissal. Id . Case dismissed for failure to perfect appeal in time. Marsh v. Aljoc, 43 Wy o. - -. P roceed ings held, rcvicwab lc by direct appeal excc11t where altered, in view of this section. Mars h v. Alfo<?, 41 Wyo. 119, 282 P . 1055. District cour t lwl<l, nuthorized to m ak., second extension ordN· for perfe ctin g appea l to suprem e court. Id. Ri g h t of compensat ion clai mant to attorney gene ral's services must yi<?ld to state trcusu rer·• right t hc relo, when he .petitions t o rropen case. I d. . Supreme court hns no j urisdi ction o! np pc-nl in compensnlion p rocecdi11g-s tnkcn afte r exp iration o f s tat utory per:od, therefore wi th out order extending time. In re Cont ns, 4l Wyo. 59, 289 P. 368. Geneal terms o! co mpensation law, fi x ing time for (iling r ecord o n appeal, were n1>plicablc to fili ng record in compensation cases u nder subsequently created appellate Jnoccdure. In re Contas, 42 W yo. 04 , 291 P. 314. To entitle record on nppen l to be fi led within s tatutory p eriod, docke t i ces must be p a.id to clerk within timo al• lowed . Id . .Appell ant has duty o f seeing that his r ecord on appeal is forwa rded to supreme cou rt as required by law. Id . 124-115, Court order r ecorded-Copies to auditor and treasure r. Every order given and made by a district court or judge awarding payment from the indust rial accident fund to an injured employe or his dependent family, shall be entered of r ecord by the clerk of the- court where given and true copies thereof shall be immediately made and certified by said clerk and forwarded to the state auditor and: state treasurer, respectively, of Wyoming, and shall be by each of said officers entered upon a record to be h"llown as the .compensation docket, and shall be the authority and direc- • tion of the state .auditor to issue warrants for compensation awards against the industrial accident fund and for the state treasurer to pay such compensation awards from said fund. [L. '15, c, 124, § 14; C. S. '20, § 4329. Cited in La Cha ppelle v. Union Pacific Coal Co., 29 Wyo, 4.49, 214 P . 587, annotated under § 124-101. 124-116. Industrial accident fund - Appropriation. There is hereby created a fund to be known as the "industrial accident fund," which shall be held by the state treasurer and by him deposited in such banks as are authorized to receive deposits of the funds of the state. The treasurer in making said deposits shall divide the said industrial accident fund into two distinct funds, one to be known as the "general fund" and the other to be known as the "reserve fund." The "general fund" as near as may be, shall be used for payment of all awards, claims and items of expense chargeable against the industrial accident fund, and .the "reserve fund" shall not be used for any of said payments unless the "general fund" at the time is insufficient to �WORKMEN'S COMPENSATION ACT 15 meet the demands upon it, in which case the treasurer shall transfer from t he "reserve f und" to the " general fund" a sufficient amount to meet the • immediate demands upon said "general fund." The purpose of creating said "reserve f und" is to provide a f und within the industrial accident fund sufficiently large to pay great a nd unu sual demands upon the industrial accident fund which might be caused by a large disaster or by several such disasters occurring within a short time, a nd the "rese rve fu nd" shall be kept apart from the "general fund," and as near as may be unused in accordance with said purpose. The state treasurer shall set aside in the "re erve fund" at the end of each month twenty-five per cent (25 % ) of a ll moneys received in the industrial accident fund during said mont h in excess of the amount expended, the balance of moneys so received to be used in the "general fund." Three-fourths of the "reserve fund" shall be as near as may be kept invested in United States government bonds, state, co-un ty, school district or municipal bonds. All moneys received by the state treasurer under the provisions of this chapter shall be.come a part of the indu strial accident fund. All fees or mileage of witnesses, jurors and physicians adjudged to be paid from the accident fund in any court proceeding under this chapter, and a ll contingent expen es incurred in preparing for and in the administration of this chapter shall be paid from the industrial accident fund on proper vouchers and warrants. [L. '31, c. 73, § 60, amending L. '21, ~- 65, § 1; C. S. '20, § 4330. " Con t in gent expenses" payable out of in<lustrinl a ccident !und. refcl's only to expenses in administration of stnte departme nbi, does not include cost of transcript in appeal under this chapter. In re Winborne, 31 Wyo. 34U, 244 P. 135. 124-117. Every employer engaged in any of the occupations herein de.fined as extra-hazardous, is hereby required to pay into the state treasury for the benefit of the industrial accident fund a sum of money equal to one and one-half per cent (1½.%) of the money earned by each of his employes engaged in such extra-hazardous employment during each calendar month of such employment. Such payment shall be so made on or before the 15th day of the month follo,ving the month for which such payments are computed and paid. Each employer shall continue to. make monthly contributions as above provided unless his account, after making the hereinafter specified deductions therefrom, shall equal full two per cent (2%) of his annual payroll computed by multiplying his current month's payroll' of workmen engaged in eA'tra-hazardous employment by twelve and shall likewise be not less than three thousand dollars ($3,000.00) provided, however, that any employer whose account is overdrawn shall be required to pay monthly a sum of �16 WORKMEN'S COMPENSATION ACT money (including the payments as above specified) equal to four per .cent ( 4 % ) of the money earned by each of his employes engaged in such extrahazardous employment during each calendar month of such employment until such overdraft shall be paid. Such employer shall n ot be compelled to contribute when his cont ributions in the fund, after making deductions as afor esaid, shall equal two per cent (2% ) of his annual payr oll, and shall likewise be not less tha n three thou sand dolla rs ($3,000.00). In additi on t o the other paymen ts r eqµired by this section to be paid into the indu strial ac.cident fund, every employer engaged in any of t he occupations herein defi ned as extra-hazardous shall make a payment to be known as a "service and policing charge." Su ch service and policing charge shall be ,paid by the employer into the st ate treasury for the benefit of the indu trial accident fun d and shall not be credited to the balance of the employer contributing. The amount of balance in t he industrial accident fund to the employer's credit shall not relieve him {)f his duty an d liability to pay the s·ervice and policing charge ; provided, however, that no employer who pays for an y calendar month four per cent. of the moneys earned by each of his employes engaged in such extra-hazar dous employment during such calendar month shall be .compelled to pay a service and policing charge for such month. The service and policing charge shall be computed on the monthly premium paid by the individual employer into the state treasury for the benefit of the industrial accident fund during each calendar month, or on the premium which the employer would have been required to pay had not the amount of the employer's balance relieved him from the payment {)f a premium. The amount of the service and policing charge shall be determined- according to the following schedule: Service and Policing Charge Where the monthly payment for month. is less than 10.00 ____________________ $ 1.10 10.01 to 20.00____ 2.20 20.01 to 30.00__________ 3.30 30.01 to 40.00____ 4.40 40.01 to 50.00_____ 5.50 60.01 to 60.00__________ 6.60 60.01 to 70.00___ 7.70 70.01 to 80.00,____ 8.80 80.01 to 90.00,____ 9.00 90.01 to 100.00,____ 9.50 100.01 to 150.00,____ 13.50 160.01 to 200.00,___ 18.00 200.01 to 300.00,____ 24.00 300.01 to 400.00.___ 30.00 400.01 to 500.00______ 35.00 500.01 to 750.00-____ 48.75 �WORKME N'S COMPE NSAT IO N ACT Over 17 750.01 t o 1,000.00 ___________ G0.00 1,000.01 to 1,500.00 ______ _____ 82.50 1,500.01 to 2,000.00 ___________ 100.00 2,000.01 to 3,000.00 ___________ 120.00 3,000.01 t o 4,000.00 __________ _ 140.00 4,000.01 to 5,000.00 ___________ 150.00 5,000.00 ____ _____ ____________ 175.00 P rovided, however, in t hat t he expense of the admi nistration of this chapter a nd of making the collections herein fix ed, is greater as to non-resident employers eng aged in extra-haza rdous occupations, th an such expense obtains to such employers bona fide domiciled within t he state of Wyoming, t he ser vice and policin g charge, upon t he monthl y premium paid by non-resident e mployers, engaged in extra-hazardous occupations, sha ll be double t he for egoing chedule, as t he same applies to resident employers engaged in e>..-tra-hazard ous occupations. " Non-re ident" employers of extra-hazardous occupations shall give bond or other security in the um of f ive hundred dollars ( $500.00), to be approved by the state treasurer or his deputies, before starting the work. The contract of aid bond or o the r ecurity shall be conditioned that the sa id employer will f aithfull y per form all t he du ties imposed by this act upon employers engaged in extrahazardo us occupations and promptly pay into the state treasury, a t t he tin1e a nd in the manner set forth in section 124-117 of t he Revi eel Statutes of Wyoming, 1931, and all acts amendato ry or in aid t hereof , t he sums of money required t o be 'J)aid by employers in extra-hazardous occupations. And to this end, " non-r esident" employer r. enga ged in ext ra-hazardous occupations are hereby required, before st arting -work, and fro m time to time after such work has been started, to report to the state treasurer the nature and progress of such work, the location of the same and the number of employes engaged in and upon the work and likely to be so engaged for the next thirty (30) days giving such fu rther and detailed information as the state t reasurer may reasona bly demand. The willful failure or negligence on the 'J)art of any " non-resident" employer of extra-ha zardous occupations to give said security, to make the reports, and/ or to furni sh the information required by this section, shall be a misdemeanor, and upon conviction, such employer shall be punisherl by a fine of not less than five hundred dollars ($500.00) or more than five thousand dollars ($5,000.00), recoverable with costs in any court of competent jurisdiction. Provided, however, that "non-resident" employers of extra-hazardous occupations shall not be required to give bond or other security for any payment or payments required of them for the "service and policing charge" required by this section. And the requirements of this section that "non-resident" employers of extra-hazardous occupations shall give �18 WORKMEN'S COMPENSATION ACT bond or other security, shall not apply to "service and policing cliarges" herein provided. The t erm "non-resident" employers of extrahazardous occupations, in this connection, shall be construed as an employer of labor engaged in extrahazardous occupa_tions, who for the previous twelve mont hs has not been a continuous contributor to the compensation fund a s in this chapter provided, and who ha no t been a bona fide dom iciled in, ur a resident of the state of Wyoming continuously for the preceding t,-welve months next prior to engaging in the business of an "emplo ye r of labor in extra-hazardous occupation." When any s uch employer, shall contribute to said fund as r equiretl by this chapter, for twelve censecutive months immedi ately prior to the ,c ommencement within this state of the occupation, the r equirement to pay double the service and police charge shall cease. F or the purpose of encouraging care on the part of the employers and thus decreasing accidents to employ_es, and to the end that each employer shall compensate all injuries t o the workmen of such employer and not those of other employers, the state treasurer shall keep a separate account for each employer so contributing to said fund and shall charg against the account of each employer all warrants paid from the indu strial accident fund: (a) As awards for injuries to employes of such employer; (b) In payment of medical and surgical supplies and medical or hospital attendance of an employe of such employer; (c) In payment fo r investigatio ns of accid'e nts of such employer, o r in payment of investigations of injuries to his em pl oyes ; (d) In payment of witness fees in cases wherein an order of awa rd is g ranted to the employe of such emplo yer. [L, .'27, c. 111 § 2; L. '25, c. 124, § 3; L. '23, c. 60, § 7; C. S. '20, § 4331; S. L. 33, c. 129, § 3. Citc<l In re Winborne , 34 Wyo. 349; 2'14 P. 135, nnnotnted unde r g 12<1-114 . 124-118~ Filing of payrolls with state treasurer. It shall be the duty of each employer to forward to the state treasurer, on a blank form provided hy said state treasurer, a true copy of his payroll of persons in his employ engaged in extra-hazardous employment during the current calendar month, sworn to either by himself or the person having knowledge of said payrolls. Each employer, unless otherwise supplied with the last above blank forms, shall seasonably apply to said state treasurer for the same; and any employer who shall fail neglect or refuse to furnish such true copy of hi; payroll �WORKMEN' S COMPE NSATION ACT 19 of per sons in hi s employ, or shall refuse to make the monthly premium pay ments as provided by the terms of this chapter whc_n they be.come clue, and against whom an award is made to any injured workman in his employ, shall be persona lly liable to the state of Wyoming, fo r the use a nd benefit of _th~ industrial accident fund, to be recovered by suit brought by the state on the relation of the state treasurer, in a sum equal to such award or awards as are entered for payment fro m the workmen's compensation fund of the state of Wyoming. 'fhe entry of fina l order by the judge of a district court having jurisdiction of such cause app roving and allowing an award of compen ation shall be prima facie proof of the liability of an employer so failing to ,comply with this provision of this chapter; provided, that non-resident employers, upon engaging in any extra-hazardous occupation a s defined in this chapter, and having in their employ workmen performing such extra-hazardous wor k, shall be deemed from the date of t he commencement of such work, to have designated the secretary of state of the state of Wyoming their agent for service of any process upon them in a ny a ction prosecuted hereinunde r; and f urther, provided, that the secretary of state, upon the receipt of any process shall send the same by registered mail to the address of the addressee only, and shall request that a return receipt for same be furnished. The provisions of this section shall not modify a ny other provisions of this chapter, but shall be deemed to be in a ddition thereto. It shall further be the duty of each employer heretofore mentioned to notify the state treasurer in the event that he has ceased to employ workmen in occupations of an extra-hazardous nature as defined by this chapter. Any failure of any su.ch employer to file with said state treasurer a copy of his payroll as herein provided, shall be a misdemeanor, and any wilfully false statement in any affidavi t made as herein provided shall likewise constitute a misdemeanor, and any misdemeanor committed in violation of this section shall be punishable by a fine of not more than five hundred dollars ($500.00). [L. '29, c. 119, § 1, amending L. '27, • c. 111, § 3; L. '23, c. 60, § 8; C. S. '20, § 4332 124-119. Inspectors-Failure to pay assessment -Penalty. The state treasurer is authorized and empowered, for the purpose of enfordng the provisions of this chapter, to appoint two inspectors, the salaries and actual and necessary traveling expenses of such inspectors to be paid out of the industrial accident fund. In case any employer engaged in any extra-hazardous business or industry 1 as defined by this chapter, shall fail or refuse to pay the assessment upon his current monthly �20 WOTIK ME N'S MOMPENSATION ACT payroll , as is required by th is chapter, he shall be guilty of a misdemeanor a nd shall be punished by a fin e of not more than fi ve hundred dollars ($500.00), and in addition to the said fine it shall be the duty of the atto rney general of this state to immediately brin g suit in t he name of the state for the benefit.. of the· industrial accident fund against such employer, for the collection of such assessment, and if a judg ment fo r the r ecovery of said a ssess ment be given in favor of t he state for the use a nd be nefit of t he industria l accident fund, said judgment sha ll be fo r double t he amount of the payroll as3essment provided in § 124-117, t ogether wi t h costs. [L. '27, c. 111, § 4, amending L. '23, c. 60, § 9, C. . '20, § 4333. 124-1 20. Compensation schedule. Each employe, who sha ll be injured in any of the extra-haza rdous employments as herein defined, or the dependent family of any such injured workmen, who ma y die a s the result of such injuries, except in case of injuries due solely to t he cul pabl e neglige nce of such injured mploye, shall receive out of the industrial accident fund, compensation in acco rdance wit h the follo wi ng schedule, and such payment shall be in lieu of and take the place of a ny and all rights of action agai nst a ny employer contribut ing, a s required by t his chapter, t o t he in du st rial a.ccident fun d in favo r of any person or persons by reason of any such injuries or death. (a) " Permanent partial disabilit y" means the loss of either one foot, one leg, one hand, one arm, one eye, or t he sight of one eye, one or more fingers, one or more toes, and dislocation where the ligaments a re severed, or any other injury known to surgery to be permanent partial disability. For any permanent partial disability hereinafter specifically described, resulting from an injury, the workman shall receive a lump sum as follows: For the loss of a thumb - - - -$ 337.50 For the loss of a first finger ________ 300.00 For the loss of a second finger _______ _ 225.00 For the loss of a third finger _______ _ 225.00 For the loss of a fourth finger ______ _ 225.00 For the loss of a palm (metacarpal bone) _____________ _ _ _ _ _ 900.00 For the loss of a hand ______________ 1,500.00 For the loss of an arm at or below elbow ---------------------------- 1,800.00 For the loss of an arm above elbow___ 2,000.00 For anky-losis (total stiffness of) or contrac~ tures (due to scars or injuries) which make the fingers more than useless, the -same amounts apply to su.ch finger or fingers (not thumb) as given above. '· �WORK MEN'S COMPENSATION ACT 21 The loss of a third or distal phalange of the thumb shall be considered to be equal to the loss of one-half of such thumb; the loss of the more than one-half of such thumb shall be considered to be equal to the loss of the whole thumb. The loss of a third or distal ·phalange of any finger sha ll be considered to be equal to the loss of two-thirds of such finger. The loss of more t han the middle and distal phalanges of any fi nger shall be considered to be equal to t he loss of the whole finger; provided, however, that in no case shall the amount received for more t han one finger exceed the amount in this schedule fo r the loss of a hand. For the loss of a great toe ____________ $200.00 For the loss of one of the toes other than gre.a t toe _________ _____________ 150.00 The loss of more than two-thi rds of any toe shall be considered equal to the loss of the whole toe. The Joss of less than two-thirds of any t oe shall be considered equal to the loss of one-half of the toe, For the loss of a foot_ ______ ________ $1,200.00 For the loss of a leg below the knee __ 1,500.00 For the loss of a leg above the knee __ 1,800.00 For the loss of an eye or the sight thereof --------- ------------------ 1,800.00 For any other injury known to surgery to be permanent pa rtial disability, the workman shall receive a sum in the amount proportional to the extent of such permanent partial disa·oility based' as near as may be upon the foregoing schedule in every case of permanent partial disability the amount allowed for the injury shall be paid in monthly installments at the rate of fifty dollars ($50.00) per month if the workman be unmarried at the time of the injury, and at the rate of sixty dollars ($60.00) per month if the workman has a wife with whom he is living and in good faith contributing to her support at the time of the injury; provided, however, that the court making such award shall retain jurisdiction of the same until said award: shall have been fully paid, with power to modify or change the amount of the award to conform to any change in the condition of the injured workman, and shall have power at any time during said period, upon application and hearing, with notice to the employer, and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the injured workman as a lump sum. (b) "Permanent total disability" means the loss of both legs or both arms, total loss of eyesight, paralysis or other conditions permanently incapacitating the workman from performing any work at any gainful occupation. Where there has been a �22 WORK.MEN'S COMPENSATION ACT previous disability or injury, as the loss of one eye, or the sight thereof, one hand, one foot, or any other previous permanent di abiUty or injury, the percentage of disability fo r a subsequent injury shall be determined by deducting therefrom the percentage of the previous disability or injury, as it existed at the time of the subsequent injury. When permanent tota l di sa bility 1·esults from the injury the workman sha ll r eceive the sum of four thousand dolla rs ($4,000.00 ), but in every such case the amount allowed fo r the injury shall be paid in monthly insta llments at the rate of fifty dollars ($50.00) per month if the wo rkman be unmarried at the time -of the injur y, and at t he ra te of sixty dollars ($60.00) per m onth if t he wo rkma n has a wife with whom he is living and in good faith contributing t o her suppor t at t he time of the injury; provided, howe er, tha t the .court mak ing such award shall retain jurisdic tion of t he same until said awards shall have been fully paid, with power to modify or chan ge the amount of t he award to conform to any change in th e condition of the injured workman, and shall ha ve power at any time during said period, upon application and hearing, with notice to t he employer, and a showing of the necessity therefor, t o order a ll or any pa rt of the unpaid balance of the awa rd t o be paid to the Injured workma n as a lump sum ; pr ovided, that if the workman sha ll die leaving an unpaid balance of the award, then such unpaid bal ance shall be returned to the indush'ial accident fund and be credited to the employer's balance. If the workman suffering such permanent total disability have a boy or boys under sixteen (16) years of age, or girl or girls under eighteen (18) years of age, the guardian of such child or children, appointed as hereinafter provided, shall receive for the use and benefit of said child or children, a lump sum o! one hundred and t\venty dollars ($120.00) per year for each boy under sb..1:een (16) years until the time when each of said boys shall become sh..-teen (16) years of age, and a lump sum of one hundred 4nd twenty dollars ($120.00) per year for each girl under eighteen (18) years of age until the time when each of said girls shall become eighteen (18) years of age; provided, that the aggregate lump sum paid to said guardian shall in no case exceed four thousand dollars ($4,000.00), and any and all awards made on account of any such child or children, shall be disbursed under a pl'Oper guardianship to be created by the court or judge making such award. (c) "Temporary total disability" means an injury which, though it may result or does result in a permanent total or partial disability, temporarily incapacitates the injured person from performing any work at any gainful occupation for the time, but from which injury such person may recover by �WORKME N'S COMPENSATION ACT 23 medical or surgical treatment and be able to re. s wne work; provided, however, that when s uch injury does result in either permanent total or par• tial disability, t hen and in that case, "temporary to tal disability" shall be limited to the time when t he "healing process" has taken place. In such case, if the workman be unma rried at the time of t he injury, he shal l receive the sum of fifty dollars ($50.00) per month, so l@g as the total disability shall continue. If he have a wife with whom he is living and in good faith ~ont ributing to her support at the time of the injury, he shall receive sixty dollars ($60.00) per mo nth, and if he have a boy or boys under si..xteen (16) years of age, or a girl or girls under eighteen (18) years of age, and in good faith supporting, or both, he shall receive fo r each o supported, seven and one-half dollars ($7.50) per month, but the total monthly payment shall not exceed ninety dollar s ($90.00) per month. No com. pensation, except the expense of medical attention, s ha ll be allowed fo r the first seven (7) days of disability, unless the incapacity extends beyond the period of twenty-·one (21) day , in which case the compensation shall run from the time of the injury. As soon as r ecovery is so complete that the earn• .ing power of the workman at any Jcind of work is 1·estored, the payments shall ,cease, but in no case shall the total payments made in such cases exceed in the aggregate the lump sum amount herein s pecified to be paid an injured workman for injuries causing permanent total disability. When the work• m an has non-resident alien children whom he is in good faith supporting, he shall receive only one-third of the sum above fixed for boys under s ixteen (16) years of age and girls under eighteen (18) years of age. (d) In all cases of temporary total disability, permanent partial disability and permanent total disability, the expense of medical attention and o:f care in hospital of the injured workman shall be paid from date of said injury, the expense of med.I• cal treatment not to exceed one hundred and fifty dollars ($150.00) in any case and the expense o:f care in hospital not to exceed one hundred and fifty dollars ($150.00) in any case, unless under general arrangement the workman is entitled to medical attention and care in hospital, or the em• ployer furnishes adequate and· proper medical attention and hospital facilities to his employes; provided, however, that no bill or fee for medical attention or care in hospital shall be allowed or paid without notice to the employer and a hearing if requested by said employer. The state treasurer shall have the power to establish a schedule fixing the fees for which all medical, surgical, hospital or other legalized forms of treatment rendered to employes under this section shall be compensated. ,. i I I. �24 WORKMEN'S COMPENSATION ACT Each physician or surgeon attending a workman injured while engaged in extra-hazardous occupation shall file with the clerk of the court of the county within which such injury occurred and! with the _ state treasurer, under rules to be prescribed by the state treasurer, a full and complete report fully describing the nature of the injuries to such workman; provided, that such report shall not be required unless the disability r esulting from such injury lasts through the day or the injury requires medical -services other than the ordinary fi r st aid treatment. Any physician or surgeon failing t o file any report as herein provided shall be puni hed by a fine of not mo re than fifty dollars ($50.00). Where death r esults from an injury the expense of burial shall be paid not to exceed one hundred and fif ty dollars ($150.00) in any case, unless other arrangements exist between employer and employe under agreement. (1) But if the vorkman leaves a widow or invalid widower, to who m he or he has been regularly married by a marriage duly solemnized by a legal ceremony, provided, it shall not be made to appear that the surviving spouse was at the time of the workman's death eparated from such spouse by her own fault, such surviving spouse shall receive the sum of two tho usand dollars ($2,000.00), but in every such case the said awa rd be paid in monthly installments at the rate of forty-five dollars ($45.00) per month, upon proof made to the state treasurer that such surviving widow is still living and has not re-married. In case the award is in favor of an invalid widower, then and in that .case, proof must be made to the state treasurer, before any monthly installment is paid, that the said widower is still an invalid. Prnvided, however, that the court making such award may upon application and hearing, with notice to the employer and a showing of the necessity therefor, order all or any part of the unpaid balance of the award to be paid to th~ surviving spouse as a !um:> sum. If th~ surviving spouse shall re-marry before all of said award has been paid, then he or she shall only be entitled to receive the sum of two hundred and seventy dollar.:: ($270.00) out of the unpaid balance of said awarr'., and further payment shall cease, ,md any balance of the award shall revert to the dependent children, if any there be; and if there be no dependent children the unpaid balance of such award shall return to the general fund and the same shall be .credited to the employer's balance; if the surviving spouse shall die before all of said award has been paid then the unpaid balance shall revert to the depend~ ent children, if any; if no dependent children, then such balance shall revert to the general fund and be credited to the employer's balance; provided in any case, where the surviving spouse shall re-~arry or �WORKMEN'S COMPENSATION ACT 25 die before all of the award has been paid, t he remaining balance sha ll be paid to the surviving dependent chi ldren in the fo llowing manner; in as.certaining t he amount to be pa id to each surviving child in the case of male children, the age of such male child shall be figured from the time of the death or r e-marriage of such survi ving spouse until such male child attain s the age of sixteen (16) yea rs and in t he case of fema le children, the t ime shall be figured from the t ime of the death or r e-marriage of such surviving spou e until such female chi ld attains the age of eighteen (18) years, and the unpaid balance of such award shall be divided in each instance by the number of months between such periods of time. In case of the death of any such sur viving children, the por tion of such a vard made payable t o such child by t he terms hereof shall be divided among the surviving children pl"O rata ; provided, further, tha t if all of the surviving chi ldren should die befo re t he unpaid balance of the award is entirely di stributed, then the r emaining undistributed portion of such award shall revert to the general fund and be credited to the employer's balance; provi ded, furt her, that if it be hown that the sur viving spouse wilfully deserted deceased without fa ult upon the pa rt of the deceased, such surviving spouse shall not be regarded as a dependent in any degree, but in such case t he right of boys under sixteen (16) years of age a nd girls under eighteen (18) years of age to compensation sha ll not be defeated. If said workman leaves a surviving boy or boys under sixteen (16) years of age or girl or girls under eighteen (18) years of a ge, the guardian of such child or children appointed as hereinafter provided, shall receive for the use and benefit of said child or ,c hildren, a lump sum of one hundred and twenty dollars ($120.00) per year for each surviving boy under sixteen (16) years of age until the time when each of said surviving boys shall become sixteen (16) years of age, and a lump sum of one hundred and twenty dollars ($120.00) per year for each surviving girl under eighteen (18) years of age until the time when each of said surviving girls shall become eighteen (18) years of age; provided, that the aggregate lump sum paid to said guardian shall in no case exceed three thousand·, six hundred dollars ($3,600.00). In all cases where an order of compensation is made on account of boys under sixteen (16) years of age, or girls under eighteen (18) years of age, or both, or to persons incompetent, said fund shall be disbursed under a proper guardianship to be create~ by the court or judge making such an order. (2) If the injured workman die during the period of temporary total disability and after receiving compensation therefor, as herein provided, and his �26 WORKM EN'S COMPEN SATION ACT death be shown to have resulted fro m such injuries, the widow and the guardian of the work.ma n's boys under si:\.--teen (16) years of age a ncl girl s under eighteen (18) years of a ge shall be entitled to an award because of the death of the workman as herein provided, but the total amount of payments in excess of two thousand, fo ur hundred dollars ($2,,100.00) received by the injured workman during such disability and prior to his death sh a ll be proportionately deducted from the amo unts her ein provided to be paid to the surviving widow a nd the g ua rd ian of the workman's boys under sixteen (16) years of age and girls under eighteen (18 ) yea rs of age. (3) If any workman di e within one year from the date of r eceiving an award fo r permanent partial disability and his death be shown to hm·e resulted from the injuries for which the award was granted, the widow and the guardian of the workman's "boy under ixteen (16) years of age, and girls under eighteen (18 ) years of age sha ll b entitled to an award becau e of the death of the workman as her ein provided, but the amount of the payments received by the injured workman prior to his death s hall be proportionately deducted f rom the amounts herein provided to b paid to the surviving widow and the guardian of the worlanan's boy under sixt een (16) years of a ge and girls under eighteen (18) years of age. (4) If any workman die with.in two years from the date of receiving an award for permanent total disability a nd his death be sh own to have r esulted from his injuries, t he widow of said workman shall be entitled to a n awa rd because of the death of the workman as herein provided, but the amount of the payments received by the injured workman in excess of two thousand dollars ($2,000.00) prior to his death shall be d,e ducted from the amount of her award. (5) If the workman leaves no widow or widower, or boy under the age of sixteen (16) years, or girl under the age of eighteen (18) years, but leaves a parent or parents surviYing, such surviving parent or parents, if lhing in the United States, shall receive a lump sum of fifteen hundred dollars ($1,500.00); provided, a parent or parents, who are dependents and who are -non-resident aliens, shall receive a lump sum of one-third of fifteen hundred dollars ($1,500.00). [L. '31, c. 94, § 4, amending L. '29, c. 48, § 1; L. '29, c. 64, § 1; L. '27, c. 111, § 5; L. '25, c. 124, § 4; L. '23, c. 60, §§ 10, 11; L. '21, c. 138, §§ 5, 6, 7; C: S. '20, § 4334; S. L. '33, c. 129, § 4. Under sub-division b hereof, policy to nllow more for children of !1 disnbled thnn. for those o{ 11 deccnscd workman held, ~ :u~t,~1/or the leg1slnture. In re Brennan, 29 Wyo. 116, 1 Awn.rd ior 11 permnnent totnl disability" mnde only in clear j �WORKME N' S COMPENSATION ACT 27 c:i.se. Sta nd a rd Oil Co. of Ind ia n a v. S ulli va n, 33 , vyo 22 3, 23i P. 253. E\li<lence show ing employe's loss o f fin s:rcrs . on . ~oth hnnds, held t o justi fy awa rd for ner m nnent total d1sub1 h t y. SakamoU> ,,. Kemmerer Con! Co., 36 W yo. 325, 255 P. 356. Sum paid for te mpon~•·y _t?ln l disa bili ty should be deducted from to tal pe rm a nent d 1sab1h ty award. I d. Emp!oye held , en ti tl ed ;o p ayment of. compen~ation in manner provided by statu te in effect at t ime o{ lllJ u ry. In ro Hibler, 37 Wyo. 33~. 261 P . 6•1 • Generally f\penkin g t.he lef!"islatu rc did not _ii:te nd do ub!c compcn c.ation t.o i njured cm1>loycs, unU cr 1H·ov1 s: 1ons o( Uu s sec• tion: Marsh v. A ljoc, 41 " 'yo. 220, 2tH P. 260 ; annot.ute<l also under § 12•1-137 . Sub. A. Sta ndard Oil Oo., (Ind. ) v . En·in , 44 W yo. 8 • 12•1-121. Additional compensa tion for disfigurement. In all cases of temporary total di sability ·o r permane.nt par tial disability where the workman shall suffe r per manent disfigurement to the face or head of a natu re so great as to affect the workman's earning capacity in securing employment, the workman shall r eceive, in proportion to the extent of such disfi gurement, a lunip sum in addition, not to exceed five hundred dollars ($500.00) . The court shall take into consider ation in making the a ward any former disfigu rement to the face or head of such workman. [L. '29, c. 64, s 2. 124-122. Compensation for hernia. A workman in order to be entitled to compensation for hernia must clearly prove: 1. That the hernia is of recent origin; 2. That its appearance was accompanied by pain, and discoloration and evidence of tearing of tissues were present; ul , ; 3. That it was immediately preceded by some accidental strain suffered in the course of the employment; 4. That it did not exist prior to the date of the alleged injury. If a workman, after establishing his right to compensation for hernia as above provided, elects not to be operated upon, and the hernia becomes strangulated in the future, the results from such strangulation will not be compensated. [L. '29, c. 110, § 1. ,. i, l 124-123. Forfeiture by injured employe-Payrnents withheld. If any injured employe shall persist in unsanitary or injurious practice which tends to imperil or retard his recovery, or if he shall refuse to submit to such medical or surgical treatment, as is reasonably essential to promote his recovery, he shall forfeit all right to compensation under this chapter; and .where an injured employe is under .care and treatment of a physician, he shall not be permitted to personally receive or use any �28 WORKMEN'S COMPENSATION ACT compensation payments allowed him under this chapter, except upon the order of such physician, but s uch pay ments shall be withheld and delivered to such inj ured workman upon his recovery or discharge by such physician. [L. '1 5, c. 124, § 20; C. S. '20, § 4335 . . M()di ficnti?n o f instruction ns to e f foct of inju rious prac... t1ces retarding recovery of inju red cmnloyc, held, not im... proper. In re H ibler, 37 Wyo. 3a2. 2G1 P . G48 . . :f!mploycr had burde n of p roof thut cm ployc persis ted in inJur1ou~ 1>1·a.cticcs retarding recovery. Id. To "persist'' in inhu·ious practice~ retardi ng inj ured em. . ployc'g recovery m an s to continue aguin:;t OJ>J:OS,tion or rem. . on stran cc. Id . 124- 124 . Exe mption from execution or attachment. o money paid or payable under this chapt er out of the industrial accident fund shall, prior to issuance and delivery of the warran t therefo r, be capable of being assigned, charged nor ever be taken in execution or by garni shment, or shall the same pass to any other person, by operation •o f law, except as permitted by subdivi sion {1) of paragraph ( cl) of section 124-120, Revised Statutes of Wyoming, 1931. Any such a ssignment, attachment, garnishment or charge shall be void. [L. '31 , c. 73, § 61, amending L. '15, c. 124, § 21 ; C. S. '20, § 4336; s. L. '33, C. s 5. Cited in La Chappelle v. Union Pacific Coa l Co., 29 Wyo. 44 9, 214 P. 5 7. 124-125. l\linor workman. A minor working at an age legally permitted under the laws of this s tate sha ll be deemed sui juris for the purpose of this chapter and no other person shall have any cause of action or right to compensation for injury to such minor workman, except as expressly provided in this chapter; but in the event of a Jump sum payment becoming due under this chapter to such minor workman, the management of same shall be within the probate jurisdiction of the courts, the same as any other properties of minors. [L. '15, c. 124, § 22; c. s. '20, § 4337. 124-126. Extra-hazardous public work-Contract work. Whenever the state, county or any municipal corporation shall engage in any extra-hazardous work in which workmen are employed for wage·s, this chapter shall be applicable thereto. The employer's payments into the industrial accident fund shall be made from the treasury of the state, county or municipality. If said work is being done by contract the payroll of the contractor and the subcontractor shall be the basis of computation and in the case of contract work consuming less than one year in performance the required payment into the accident fund shall be subject to the provisions of this .chapter and the state for its general fund,_ the county or municipal corporation shall be entitled ,.: �WOR K.l"1E N'S COMPE NSATIO N ACT 29 to collect from t he contractor the full amount payable to the industrial accident fu nd and t he contractor, in t urn , shall be entitl ed to collect fro m t he sub-contractor his proportionate amo unt of payment; the provisions of t his ection shall apply t o all extra-haza rdous work done by contract , except that in privat e wo rk t he cont ract or shall be responsible, primarily and directly, to t he industrial accident f und fo r the proper percentage of the tota l payroll of t he work and fo r the amounts due it, and the owner of t he property affected by the cont r act shall be surety for such paymen ts. Wheneve r, a nd so long as under the state law, city charter or municipal ordi nance, provision is made fo r municipa l employes injm ed in the course of employmen t , suc h employe sha ll not be entitled to t he benefits of this chapter and sha ll not be included in t he payroll of t he municipality under thi s chapter. [L. '15;- c. 124 , § 23; C. S. '20, § 4338. Cited in- Leslie v. City o f Cns1)cr, 42 W yo. 44, 28' P . 15, annotated u nder § 12,1- 102 . 124-127. Safet y devices. Nothi ng in t his .chapter cont ained shall repea l an y existing la w pr oviding for the installation or m aintenance of any device, means or method for t h e prevention of accidents in extra-haza rdou work or fo r a penalt y ·or punishment for failure to install or maintain a ny such protective device, means or method. [L. '15, c. 124, § 24; C. S. '20, § 4339. 124-128. Unlawful to receive more than 5% of compensation for services rendered. It shall be unlawful for any person or a ny number of persons acting together or separately or in any way, in.eluding attorneys, agents, interpreters, and all other persons, to receive or agree to receive either directly or indirectly from any beneficiary or beneficiaries under this chapter, for services rendered or to be rendered, either jointly or separately, in relation to procuring any benefit or benefits under this .:hapter, any sum or sums aggregating more than five per centum of the whole amount received or to be received by such beneficiary or beneficiaries, on account of injuries to any employe, and in no event to exceed fifty dollars ($50.00). Every' person violating or concerned in the violation of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), to which may be added imprisonment in the county jail for a term not exceeding ninety days. It shall be the duty of the county and prosecuting attorney of the .county in which any injury occurs to give all necessary legal advice to any injured workman, or his dependents, who may seek advice in making and filing :i I i ·I f �30 WORKMEN'S COMPENSA_T ION ACT claims for co_mpensation, and to prepare all state~ ents of clan~ or other papers necessary or adVlSable to be fi led by such workman or dependents free o~ a ll cha r ges and .costs. [L. '21, c. 138 § s' amendm_g C. S. '20, § 4340. ' ' Cited in Znnea nc ll i v. Cent r a l Coal & O:>kc C ,, - w 611 , 173 P . ~ 1, annotat ed under § 124-11 3. o., _, yo. Cited ns to attorney's fees i n In re lliblcr 37 Wyo. 332, 2Gl P. G4 8. ' 124-129. Physicians r r quired to testify. Any phy ician having attended an employe in a professional capacity may be r equired to t estify before any court or judge when so directed in cases coming with in the provi sions of this chapte r, and the law of pri vi leged communication between physician and patient, as fixed by s tatute shall not apply in such .ca e . [L. '1 5, c. 124, § 26; C. S. '20, § 4341. Stnnd ru·d Oi l C;,. (Ind.) v. En·iu , 44 Wyo. , Osteopaths. 124-130. False sta tement by employe. Any employe or workman who shall make or cause to be made on hi s behalf any misrepresentation or false statement for the purpose of r eceiving compensation und er this cha pter to which he is not lawfully entitled shall be guilty of a misdemeanor, and shall on convicti on, be fined not more than three hundred dollars ( $300.00) , or impri oned for not more than runety (90) days. [L. '15, c. 124, § 27; C. S. '20, § 4342. 124-131. Annual report by state treasurer. It shall be the duty of the state treasurer to secure and compile statistical information concerning accidents occurring in the extra-hazardous empll,yments defined by this chapter, showing the number of accidents or fatalities occurring in each of said employments, the amount paid in by each employer .coming within the provisions of this chapter; the amount paid out on account of injuries, or death resulting from injuries in such employments; and any other information relating to the operation or administration of this chapter that may be of interest; and to make a full report thereof, together with such recommendations as he may deem proper for changes or amendments herein, and to publish a full report thereof, to the govemor, on or before the 31st day of December in each year. [L. '15, c. 124, § 28; L. '17, c. 69, § 7; C. S. '20, § 4343. 124-132. Examination by state treasurer. The state treasurer may, at any time on twenty-four hours' notice (unless such notice is waived by the employer), either in person or throug? any authorized inspector, agent or deputy, examme the bo~ks, accounts or payrolls of any employer at any time for the purpose of securing any information desired in the administration of this chapter. [L. '27, c. 111, § 6, amending C. S. '20, § 4344. �WORKMEN'S COMPENSATION ACT 31 124-133. Disabled w,o rlnnan examined by employer's physician-Recovery re~orte_d to court. Any workman awarded comp ensation for t emporary total disability under thi s chapter , a defined by clau,;e (c) of § 12'1-120 shall! if t hereafter r equested_ by his employer submit . h nnself fo r mechcal exammation by a ph ysician licensed to practice medicine in this state, at a place desi..,.na te d- by the employe r and which sha ll be rea onably convenient for the workman, and said work ma n may have a licen ed physician present of his own selection. The purpose of such examination ha ll be to determine whether the workman ha s recover ed so t hat hi s ear ni ng power at any ki11d of work is re tored. If it be agreed t hat the workman bas r ecovered so that h is earning power at any kind of work is restored, t he fact shall be reported by the employer and said physician to the judge of the district cou rt who made the award in the first instance, or if ther e be a di spute as to the recovery of the workman and his restoration to earning power, it shall be likewise repor ted to said judge, b y fili ng a statement in either case in the office of the clerk of the district court of the county where the award was made, and the matter shall be disposed of in such manner a s said judge may deem proper under the facts. If said judge find that said workman has recovered and has been restored to his earni ng power and t hat compensation hould be discontinued, his decision and judg ment in t he p remises shall be certified to the state auditor and state treasurer and shall be authority and direction to said officer s to discontinue compen sation payments. If the workman, in such case, refuse to suomit to such examination or obstructs the same, his right to monthly payments shall be suspended until such examination has taken place, and no compensation shall be payable during or for account of such period of refusal. [L. '15, c. 124, § 30; C. S. '20, § 4345. Standnrd Oil Co.. (Ind.) v. Ervin, 44 Wyo. 88 Osteopaths. 124-134. Employes' statements of dependent persons. All employes or workmen coming within the provisions of this- chapter shall be rtquired, upon entering service in any of the extra-hazardous employments herein defined, to make and sign a written statement setting forth the names of the persons dependent upon them for support or constituting members of their dependent families, in each case giving the names and ages of their boys under the age of sixteen (16) ye&rs and girls under the age of eighteen (18) years. [L. '23, c. 60, § 12, amending C.-S. '20, § 4346. 124-135. Assignment of rights and benefits. All payments made into the industrial accident fund by an_y and every employer under the provisions of tins chapter shall be taken as paid and received in • I �32 WORKMEN'S COMPENSATION ACT consideration of the indemnity to such employer by r eason of his contributing to the industrial accident fund and in consideration of the payments made by ·ti1e state to such fund; provided, t hat when any employer engaged in an extra-hazard ous occupation a s defined in th is chapter , has heretofore sold and conveyed, or shall her eaft er sell and convey hi s or its property to a purchaser who cont inues to conduct and carry on said business a t the ame place, the sell er shall be entitled to tran fe r a nd a ssign to the purchaser all ri ghts, benefits, privileges and immunities accrufog to su.ch employer by virtue of any sum t hen o n deposit to his or its credit in t he industri al accident fund in the state treasury under t he provisions of th is chapter; and upon fi ling such a ssignment with the state treasurer , the purchaser sha ll succeed to all said rights, benefits, privileges and immunites of said employer. Said purchaser shall be s ubject to obligations of compensation against the seller incurred and existing at the date of such assignment; provided, that no part of any moneys so paid in by any employer shall ever be refunded to him, either during the time when he continues in business as such employer, or after he ceases such business ; provided, that ever y employer, operating under the provision s of t his chapter shall pay into said industrial accident fun d the sum of at least five thousand dollars ($5,000.00) ; and provided, further, if t his chapter shall be hereafter r epealed or held invalid, the moneys which a re in th e industrial fund at the time shall be di tributed as m.3y be provided by the legislature, and in default of such legislative provision, di stribution t he reof shall be in accordance with the justice of the matter, due 1·egard being had to obligati ons of compemation incurred and existing. [L. '21, c. 76, § 1, amending C. S. '20, § 4347. *124-136. Closing of accounts. Any balance standing to the credit ·of any employe r in the industrial accident fund for three years after said employer shall have ceased to engage in Wyoming in the occupation on account of which his said contributions have been made shall be debited from his account to the profit and loss account of said fund, and said employer's account shall be thereupon finally closed, and thereafter the said balance shall permanently remain a part of the industrial acci• dent fund. : ;; i 124-137. Actions against employer independent of chapter. Nothing in this chapter sl1all be construed to limit or affect any right or action by an employe against an employer for injuries received while in the employ of such employer when such (•This section ommittcd from Revised Statutes 1931) y lj �WORKME N'S COMPENSATION ACT 33 employer at the time of such injuries is not con• tributing to the industrial accident fund as provided in this chapter. [L. '23, .c. 60, § 13. ,\ f' - ( I I 124-138. Re-opening of cases. The state treas• urer shall have the 1ight to cause a ny case to be re-opened in which an order of award has been made, provided he shall cause a petition for the re-opening of t he case to be fi led with the court which granted the awa rd, within thirty days after the date on which the order of awa rd was received in the tate treasurer's office. Such pc:tition mu st show probable cause that error was made in the amount of the award, or the .character of t he awa rd, or t he grounds on which the award was made, and m ay specify as a reason fo r re-opening the case existing evidence not given in the or iginal hearing, showing the general nature and effect of such evidence. On the filing of such a petition and on the court fin ding that probable cause is shown thereby, the court hall stay the award, and upon reaso nable notice to all parties reopen the ca e and set the same for heating de novo. The tate treasu r• er may take such part in the new hearing as he may deem advisable and shall have ever y right and privilege of a party to the cause. He shall have the right of appeal to the supreme cour t from any order in such n ew hearing, either granting an award or refusing to grant an awa rd. He shall a lso have a right of appeal from an order refusing to re-open a case. In a ddition, and without the necessity of pre• senting any peti tion for the re-opening of a case to the trial court, the state treasurer shall have the right to appeal to the supreme court from any order or judgment in any district court of the state ,awarding compensation or declining to award compensation, although he was not a party to the proceedings in such district court. Upon the perfe.cting of any appeal instituted by the state treasurer the court allowing the appeal shall issue an order staying the execution of the order or judgment appealed from without requiring any bond. The attorney general, or his deputy or as• sistant, shall act as the attorney of the state treas• urer in all cases. All costs of new hearings granted upon the petition of the state treasurer, and all costs of appeals conducted by the state treasurer, shall be paid by the industrial accident fund, except such costs as the court in its discretion shall assess against any of the other parties to the cause. [L. '27, c. 111, § 7, amending L. '25, c. 124, § 5. Where the du ty of the nttorney general to represent compensation claimant in supreme court, ns i>nrt of his official duties, conflicts with his duties to net ns attorney for stnte treasurer in nil cases, the duty first mentioned must yeild to right of stnte treasurer to such services. Marsh v. Aljoe, 41 Wyo. 119, 282 P. 1056. In nction under workmen's compcnsntion ln.w, in which compensation wns awarded, application of state treasurer to �34 WORKMEN'S COMPEN SATIO N ACT reopen case on ground, nmong others, of Jwior disability, tihould not be determ ined on ex 1mrtc afriduvits, when l>nscd o n new C\•i<lcncc, since Jcg-is lnlure contcmp lutc<l that lrcnsurer Hhould be g iven nJvnnt.age o( rcgulur trial. DI:u-sh v. Aljoc, 41 Wyo. 220, 231 P . .!60. This section authorizing stntc treasurer to have cnsc reopcnc<l must be const1·ucd in light, of situation which w~ •oug ht to be remedied here by. Id. On stntc trcn surc r's applicution, bnscd o n new evidence, to reopen cusc, c0Ul't mu st reopen cuse, if the new e vidence wi lt have a material bcnl'in g . l <l. i, I I i I 1· 124-1 39. Bills to be ite mi zed-Time of filing. All bills for medical attendance, expenses or disbursements, and fo r hospital services, sha ll be properly dated, itemized and verified by t he claimant, or the same shall be disallowed by the court, and every doctor who shall attend an injured workma n shall within ten (10) days after the first of the m onth succeeding that in which he r endered services to t he injured wor kman file with the clerk of the di trict court of the proper county, his itemized a nd verified bi ll for all ervices render ed by hi m a nd expense incurred in behalf of the inju red workm an during the previous month, and shall send a. copy t hereof to the tate trea urer; a nd all claims fo r medical attendance or medical services not so filed wi t hin the time specified shall 'oe disallowed by the court. [L. '25, c. 124 , § 7. 124-140. Notifica tion by doctor. Every doctor who ,accepts the case of an injured workman, and every hospital which accepts the case of an injured workman, shall wi thin t en (10) days after accepting such case file a written notice thereof with the clerk of the di strict cour t, and shall send a copy of such r.otice within said ten (10) da ys to the state treasurer a nd another co py within said period to t he employer of the injured workman. Any doctor or ho,;pital fa iling or refusing to file t he notice within the time designated with the clerk of the court, or to send copies t hereof within said period to the state treasurer and the employer of the injured workman, shall forfeit any remuneration or award from the industrial accident fund for any services, care or attention rendered to such injured workman or any facilities furnished to him. [L. '26, c. ·124, § 8. 124-141. Awards. Every award within the meaning of this chapter is a judicial determination of the rights of the employer, the employe and the industrial accident fund as to all matters involved. Except as otherwise specifically provided in this chapter, the code of civil procedure shall govern in matters before the courts of this state in reference to the workmen's compensation laws. No a-ward of compensation or allow.ance of any expense or claim chargeable against the account of any employer contributing to the industrial accident -J �WORKMEN'S COMPENSATION ACT 35 fund shall be made wi t hout notice to such employer and hearin g, unless such employer shall in writing fil ed in t he court having jurisdiction consent thereto. Where th e employer cannot be personally ser ved, substit uted ser vice, a s provided for in t he code of civil proced ure,. may be had. [L. '25, c. 124, § 9; s. L. '33, C, 129 §5. An awnrd o f compensation to an inj ured crn oloyc is a · f inal judgment, un less t:: ~ prcssly reservin g juri sdictio n to reopen case . M idwest Refining Co. v. George, •11 Wyo. 55, 281 P . 1005, 124-1 42. Deferred payment account. Whenever an or der of award shall specify t hat the award is to be paid in monthly payment , t he state tr easurer shall charge the amount thereof against the account of the employer of the injured workman and shall transfer the amount of said award from the general f und into a deferred payment account, which account shall thereafter be a lone liable fo r the payment of the award . Intere t earned by the deferred payment account sha ll be paid in to the general fund, as well as all amounts repaid or r eturned to said general fund under the provisions of this chapter, or by reason of modification of orders of award. Whenever .a modification of an order of award increases the amount of the award, the additional amount shall be cha rged aga inst the employer 's acco unt .and t ransf erred from the g eneral fund into the deferred payment account, and whenever a modific ation of a n order of award decrea ses the amount of the a ward, the amoun t of such decrease sh.all be tra nsf erred from the defe r red payment account to the general fund and credited to the account of the employer. L. '27, c. 111, § 8. 124-143. Bribery. ·whoever corruptly gives, or promises to give pay, or imburse, or whoever offers to give, pay or imburse any court officer or employe, or any person employed or concerned under the laws of this state in the administration of this chapter, either before or after his election, appointment or employment, any money or valuable thing, or corruptly offers or promises to do any act beneficial to any person to influence his action or to secure his assistance in the administration of this chapter, and whoever, being a court officer or employe or a person employed under the laws of this state in the administration of this chapter, either before or after his election, qualification, appointment or employment, solicits or receives any such money or valuable thing to influence him or to secure his assistance with respect to his official duty in any matter relating to the administr.ation of this chapter, shall be deemed guilty of felony and upon conviction thereof be imprisoned in the penitentiary not more than • fourteen (14) years. [L. '25, c. 97, § 1. �TABLES 'I; ' for compu ting amo unts du e unde r the prov1s 1ons o f the Workmen's C o mpens atio n A c t and Peace Offic ers' Inde mity Fund. Following nre tables of monthly compensation fo r sevcrnl amounts allowed by lnw. computntions fo 1· which arc mado !or twenty-eig ht , thi rty a nd th irty-one d ny mon ths : Sing le 6.6 7 8.33 10.00 11. 67 13.33 15.00 16.67 18.33 20.00 21.67 23. 33 $50.00 31 J.6 1 3.23 •I. 4 6.45 8.06 9.68 11. 29 12.90 14. 52 16.13 17. 74 19.35 20.97 22. 58 :.!5.00 24 .l H so 26.67 28.33 30.00 3 1.67 33 .33 35.00 36 .67 38.33 40.00 41.67 43. 33 45.00 46 .66 48.33 50.00 25.8 1 27.42 29.0 3 30.6 5 32 .26 33.87 35.48 37. 10 38.7 1 . 40.32 41. 94 43 .55 45. 16 46.77 48.39 60. 00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Man nnd Wife $60.00 28 30 31 2. 14 2.00 1.94. 4.29 4.00 3.87 6.43 6.00 5.81 8.57 8.00 7.74 10.71 10.00 9.68 12.86 12.00 11.62 15.00 14.00 13.55 17.14 16.00 15.48 19.29 18.00 17.42 21.43 20.00 19.35 23.57 22.00 21.29 25.71 24 .00 23.22 27.86 26.00 25 :16 30.00 28.00 27. 10 32.14 30.00 29.03 34.28 32 .00 30.97 36.43 34 .00 32.90 38.57 36.00 34.84 40.71 38.00 36.77 42.86 40.00 38.71 45.00 42.00 40.64 47. 14 44.00 42.58 49.28 46.00 44.51 51.43 48.00 46.45 63.57 60.00 48.38 65.71 52.00 50.32 57.86 64.00 52.26 60.00 56.00 54.19 fi 8.00 56 .13 60. 00 58.0S 60.00 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 31 '! 28 1.79 3. 57 5.36 7.14 8.93 10.71 12. 50 14.29 16.07 17.86 19.64 21.43 23.21 25.00 26 .79 28.57 30.36 32.14 33.93 35.71 37. 50 39.29 41.07 42.86 44.64 46.43 48.2 1 50.00 30 1.66 3.33 5.0U Widower and one child S57 .50 28 30 31 1.85 1.92 2.05 l 3.83 3.7 1 2 4.11 5.56 6.16 5.75 3 7.42 8.2 1 7.67 4 9.27 10.27 9.5 5 12.32 1 1. 50 11. 13 6 14.37 13.42 12.98 7 15.33 14.84 8 16.43 17.25 16.69 9 18.4 8 20. 5-1 19. 17 18.5 5 10 20 .4 0 22.5 9 11 21.08 ll 24.6-1 23.00 22 .26 24.92 24 .11 13 26.70 14 25.97 28.75 26.83 30. 0 16 28 .75 27. 82 29.68 16 32 . 6 30.67 l.7 34 .9 1 32.58 31. 53 18 36.96 34. 50 33.39 39.02 19 36.42 35 .24 20 41.07 3 .33 37. 10 21 43 .12 40.25 38.95 22 45.1 8 42. 17 40.8 1 23 47 .23 44 .08 42.66 24 49.28 46.00 44.52 25 51.34 47.92 46.37 26 53.39 49.83 48. 22 27 55.44 5 1.75 50.08 28 67.50 53.6 6 51.93 29 55.58 53.79 30 57. 50 55. 64 31 57.50 Widower and Two chi ldren 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.32 4.64 6.96 9.29 11.61 13.93 16.25 18.57 20.89 23.21 25.54 27 .86 30. 18 32.50 34.82 37.14 39.46 41.79 44.ll 46.43 48.75 51.07 53.39 65.71 58.04 60.36 62.68 65.00 30 2.17 4. 33 6.50 8.67 10.83 13.00 15. 17 17.33 19.50 21.67 23.83 26.00 28. 17 30 .33 32.50 34.67 36.83 39 .00 41.17 43.33 45 .50 47.67 49.83 52.0 0 54.17 56.33 58. 50 60.66 62.83 65. 00 $65.00 31 2. 10 4. 19 6.29 8.39 10.48 12.58 14.68 16.77 18.87 20.97 23.06 25.16 27.26 29.35 31.45 33.55 35.64 37.74 39.84 41.93 44 .03 46.13 48.22 60.32 52.42 54.51 56.61 58.71 60.80 62.90 65.00 �38 WORKMEN'S COMPENSATION ACT Man, wife nnd ono child 1 2 8 4 5 6 7 8 0 10 11 12 13 B 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 81 28 2.'11 4.82 7. 23 9. 64 12.06 14 .46 16.87 19.29 21.70 24.11 26.52 28.93 31.34 33.75 36.16 38.57 40.98 43.39 45.80 48.21 50 .62 63.04 65.4 5 67 .86 60. 27 62.68 66.09 67,50 $67.60 31 2. 18 4.35 6.53 8.71 10.89 13.06 15.24 17.42 19.60 21. 77 23.95 26.13 28.31 30.48 32.66 34 .84 37 .02 39 . 19 41. 37 43.55 45.73 47.90 50 .08 62 .26 6•1. 44 56.61 G0 .75 68.79 63,00 60.97 65.25 63.14 67.50 65.32 67.50 30 2.25 4 .50 G.75 9.00 11 .25 13.60 15. 75 18.00 20 .25 22.60 24.75 27 .00 29.25 31.50 33.75 36 .0 0 38.2 5 40.50 42.75 45.00 47.25 49.50 51.75 54 .00 56.25 58.5 0 Man, wife nnd two children 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 81 28 2.68 5.86 8.04 10.71 13.39 16.07 18.75 21.43 24.11 26.79 29.46 32.14 34.82 37.50 40 .18 42.86 46.53 48.2 1 50.89 63.57 66.25 68.93 61.61 64.28 66.96 69.64 72.82 76.00 30 2.50 5.00 7.50 10.00 12.50 15.00 17.50 20.00 22.50 26.00 27.60 30.0U 32.50 85.00 37.5 0 40.00 42.50 45.00 47.50 60.00 52.50 65.00 57 .50 60.00 62.50 66.00 67.50 70.00 72.50 75.00 $75.00 31 2.42 4.84 7.26 9.68 12.10 14.52 16.94 19.35 21.77 24.19 26 .61 29.03 31.45 33.87 36.29 38.71 41.13 43.55 45.97 48.39 60.81 53.22 55.64 68.06 60.48 62,90 65.32 67.74 70.16 72.58 76.00 Widower nnd three child ren 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.59 6. 18 7.77 10.36 12. 95 15.5 4 18. 12 20 .71 23.30 25.89 2 .48 31.07 33. 66 36.~5 38.84 41. -13 44. 02 46.6 1 49. 19 51.78 64. 37 66.96 69.65 62.14 64.73 67.32 69.9 1 72.50 30 2.42 4.83 7.26 9.67 12.08 l i1. 50 16.92 19. 33 21. 76 24. 17 2G .58 29.00 31.4 2 33.83 36.25 38.67 41. 08 43.50 45.92 48. 33 50 .75 53.1 7 65.58 68.0 0 60.<12 62.83 65.25 67.66 70. 08 72 .50 $72 .50 31 2. 34 4.68 7.02 9. 35 11.69 14 .03 16.37 18.71 21.05 23.39 25 .73 28.06 30. 40 32.74 35 .08 37 .4 2 39.76 42. 10 44.44 46.77 49.11 61.45 53. 79 66.13 58 .47 60.8 1 63. 15 65.48 67.82 70. 16 72 .50 Widower nnd four children 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 lfl 19 20 21 22 23 24 25 26 27 28 29 30 Sl 28 2.86 6.71 8.57 11.43 14. 29 17. 14. 20.00 22.86 25.71 28.57 31.43 34.29 37.14 40.00 42.86 45.72 48.57 61.43 54.29 57 .14. 60 .00 62.86 65.72 68.57 71.43 74.29 77.14 80.00 30 2.67 5.33 8.00 10.67 13.33 16.00 18.67 21.33 24.00 26.67 29.33 32.00 34 .67 37.33 40.00 42 .67 45 .33 "48.00 50.67 63.33 56.00 58.67 61.33 64.00 66.67 69.33 72.00 74.66 77.33 80.00 $80.00 31 2.53 6.16 7.74 10.32 12.90 15.48 18.06 20.64 23.~l 25.81 28.39 30.97 33.55 36 .13 38.71 41.29 43.87 46.45 49.03 61.Gl 64. 19 56 .77 59.35 61.93 64.52 67.10 69.68 72.26 74.84 77.42 80.00 -' ··--(! 1 �WORKMEN'S COMPENSATION ACT Mnn, wife nnd three children 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.95 6.89 8.8•1 11 ,79 14.73 17. 68 20.62 23.57 26. 52 29.-15 32 .4 1 3 5. 36 38.30 41. 25 44 .20 47 . 14 60. 09 53.04 65.98 68.93 61. 87 64.82 67. 77 70.71 73.6 6 76.61 79.55 82.50 30 2 .75 5.50 8.25 11. 00 13.75 16 .50 19.25 22.00 24.7 5 27. 50 30.25 33.00 35 .75 3 .50 41. 25 44. 00 46.7 5 49.50 52.25 65.00 67 .75 60.50 63.25 66. 00 68.75 71.60 74.25 77.00 79.7 5 82.50 S82.50 31 2.6 6 6.32 7.98 10.64 13 .31 15.97 18.63 21.29 23.95 2 6.61 29 .27 31. 93 34.GO 37. 26 39 .92 -12. 58 45.2'1 47.90 50 . 56 53.22 55.89 58.6 5 61. 21 63 .87 66.53 69.19 71.85 74. 51 77 .17 79.S4 82.50 MIL"Ximum 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 3.21 6.43 9.64 12.86 16.07 19.29 22.50 25.71 28.93 32.14 35.36 38 .57 41.78 45.00 48.21 51.43 64.64 67.86 61.07 64 .28 67.50 70.71 73.93 77.14 80.36 83.67 86.78 90. 00 30 3.0 0 6.00 9.00 12.00 15.00 18.00 21.00 24.00 27.00 30.00 33.00 36.00 39.00 42.00 45.00 48.00 51.00 54.00 57.00 60.00 63.00 66.00 69.00 72.00 75.00 78.00 Rl.00 84.00 87.00 90.00 $90.00 31 2.90 5.81 8.'il 11.61 14.52 17.42 20.32 23.23 26.13 29.03 31.94 34.84 37.74 40.64 43.55 46.46 49.35 52.26 55.16 58.06 60.97 63.87 66.77 69. 68 72.58 75.48 78.39 81.29 84.19 87.10 90.00 39 Widower nnd fiv e children 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2•1 25 26 27 28 29 30 31 28 3.13 6 .2 5 9. 38 12.50 15.63 18.75 21. 8 25.00 2S.13 31.25 34 .38 37.50 40.63 43.7 5 46.88 50.00 53.13 56.25 59.38 62.50 65.63 68.75 7l.88 7 5.00 78.13 81. 25 84.38 87.50 30 2.92 5.83 8. 75 l l.67 14. 58 17.50 20.42 23.33 26 .25 29 .17 32.08 35.00 37 .92 40.83 4 3.75 46.67 49.58 52.50 55 .42 58.33 61.25 64 . 17 67.08 70 . 00 n.n 75.83 78.75 8 1.6 6 84.58 87.50 $87 . 50 31 2.82 5.Ji5 8.-17 1U9 1'1.11 15.94 19.76 22. 58 25. 40 28 .23 31.0 5 33.87 36.69 39. 62 •12.34 4 5.)6 47.98 60.8 1 53.63 56.45 59 .27 62 . 10 6•1.92 67 .74 70. 56 73, 39 76.21 79.03 81.85 84.68 87.50 �. 40 WORKMEN'S COMPENSATION ACT Tnblc showing nmount by months nnd dnys, figured on basis o·f one child at rate of $120.00 ])Cr year. Month or day or 28 dny 30 day 31 day Months dnys month month monlh 1 $10.00 1 .36 .33 2 20.00 .32 2 .71 .67 3 30.00 .65 ll 1.07 1.00 4 40. 00 -98 4 1.43 1.33 6 1.29 50.00 6 1. 79 1.67 6 1.61 60.00 G 2.14 2.00 1.94 7 70.00 7 2.50 2.33 2.26 8 80.00 8 2.86 2.67 2.58 9 90.00 9 3.21 3.00 2.90 10 100.00 10 3.57 3.33 a. 2a 11 110.00 11 S.93 3.67 3.55 12 120 .00 12 4.29 4.00 S.87 13 4.64 4.33 4.19 14 5.00 4.67 4.52 15 5.36 5.00 4.84 16 5.71 5.33 5.16 17 6.07 5.67 5.48 18 6.43 6.00 5.81 19 6.78 6.33 6.13 20 7.14 6.67 6.45 21 7.50 7.00 6.77 22 7.86 7.33 7.10 23 8.21 7.67 7.42 24 8.57 8.00 7.74 25 8.93 8.33 8.06 26 9.28 8.67 8.39 27 9.64 9.00 8.71 28 10.00 9.33 9.03 29 9.67 9.35 30 10.00 9.68 31 10.00 �Peace Officers Inde1nnity Fund CHAPTER 83-ARTICLE 2 R. s. 1931 Section 83-201. 83-202. 83-203. 83-204. 83-205. 83-206. 83-207. 83-208. 83-209. Wyoming peace officers' indemnity fund. Officer s included. Limit of idem nity paid. P ayments to fund by counties. Payments to fund by state. Report of accident. Order of Court. P ower of State Tr easurer . Appeal by State Treasurer . 83-201. Wyoming P eace Officers' Indemni ty Fund. The fund accumul ated under this Article shall be known as t he Wyoming Peace Officers' Indemnity Fund. [L. '23, c. 97, § 1. 83-202. Officers Included. Such Peace Officers' Indemnity Fund shall be accumulated and maintai ned as herein provided for the purpose of providing indemnity to all penitentia ry wardens, deputy penitentiary wardens, penitentiary guards; guards of the Wyoming Industrial Institute, including the Superintendent and his deputies; agents of the State Department of Law Enforcement, and the Commissioner of such Department and his deputies, State Coal Mine Inspectors, and deputies, State Game and Fish Commissioner, and his assistants and deputies, and States Game Wardens; and all salaried sheriffs, under sheriffs, deputy sheriffs and constables employed by any county of the state of Wyoming or paid by the Board of County Commissioners of any county, who shall be injured in performance of their duties, the purpose of this article being to provide for indemnity to such peace officers injured in the performance of their duties, which duties are hereby recognized as involving risks to life and limb. This section shall not apply in any case where the injury occurred before the date on which this section is to take effect. [L. '31, c. 71, § 1, amending L. '23, c. 97, § 2. 83-203. Limit of Indemnity Paid. The indemnity which any such peace officer or his dependent family shall be entitled; to receive under the provisions of this article shall be computed acco'°ding to the -compensation schedule of the Wyoming Workmen's Compensation Law in effect at the time such in- �42 WORKMEN'S COMPENSATION ACT juries w: re received, and the procedure and for under thi s Article shall be as near as b ms may e theprocedure and fo rms provided by tl1 W 1 . e orunen's Compensation Law, it being intended that th W • p . e yorrung eace Officers' Indemnity Fund shall b d • • e a rrurus ter ed by the State Treasurer as near . .as may b e 1n the same . manner _as the Wyoming Work1 m_en ~ Compen at1on Law 1s administered, and that orde1s of award a nd .a ll other court procedure shall b e enter ed and conducted as near as may b · .h em accor d;i-nce Wlt t h~ procedu re provided by the Workm en Co1:1pen _at_1on L~w, and that any of the above peac_e office r s mJured m the line of his duties shall r ece~ve the same co-~1pensation which he would have 7·ece1ved had he received the sa me injury while working _for a n employer con trib uting to the Industrial Accident Fund, and sha ll receive the indemnity in the same man ner. [L. '23, c. 97, § 3. 83 -204. Pay ments to F und by Counties. Every county of the State of Wyoming is hereby required to p ay into the State Treasur y for the benefit of t he Wyoming P eace Off icers' Indemnity Fund a s um of money equal to one and one-half per cent ( 1 2 % ) of the money earn ed by each of its salaried sheriffs, deputy sheriffs, under sheriffs and constables during each calendar month in which they s hall be employed. Such payment shall be so made on or 'oefor e t he fifteenth day of t he month following t he month fo r which such payments are computed and paid. The State Treasurer shall keep a separ ate acco unt fo r each county so contributing to said fun d, and shall charge against the account of each county all wa r rants paid from the Wyoming Peace Offi cers' Indemnity Fund: (a) As awards for injuries to the above named peace officer s of s uch county: (b) In payment of medical or hospital attendance of such peace officers of such county; (c) In pavment for the investigations of injuries of such pea~e officers or in payment of investigations into the manner in which such injuries were received; (d) In payment of witness fees in cases where• in an order of award is granted to such peace officer of such county. Each county shall continue to make said monthly contributions as above provided unless its account after making the above deductions therefrom shall . be overdrawn, in which event said county. shall_ be required· to pay monthly a sum· of money (mcluding the said one and one-half per cent) equal to three per cent (3%) of the moneys earned by each of its peace officers during each calendar month _of such employment until such overdraft shall be paid. [L. '23, C, 97, § 4. �WORKME N'S COMPE NSATION ACT 43 83-205. Payments to F und by State. T he State of Wyomi ng hereby pledges itself to contri bute by biennial appropriations a sum of money equal to one and one-half per cent (!1,~% ) of t he mon eys earned by each of s uch peace officers in its employ, and agrees t ha t it s a ccoun t h all 'oe kept as near as may be in the manner in which t he .accoun ts of the coun t ies a re required t o be ke pt under t he provisions of thi s a rticle, and that simi la r charges fo r amoun ts paid out on account of or on behalf of injuries to its peace office rs shall be cha rged against its account . The tate of Wyoming fu r ther pledges itself that in th event its accou nt is overdrawn that it sha ll contribute a sum of money ( including the said one and one-half per cent) equal to three per cent (3% ) of the moneys earned by each of its peace officers. [L. '23, c. 97, § 5. 83-206. Report of Accident. Reports of accidents covering in juries to its peace officers shall be filed by the counties in the ame manne r and a t the sa me time as such r epor ts are requi red to be filed by employer contributing to the Industri al Accident Fund, and each State officer shall make similar reports to the cour ts of nil injuries to peace office rs employed in his depa r tment. [L. '23, c. 97, § 6. 83-207. Order of Court. Ever y ord er given and made by the Di str ict Cour t or J udge awa rd ing pa yment from the Wyoming P eace Office rs' Indemnity Fund to an injured peace offi cer or his dependent family shall be entered of record by t he Clerk of the Court -w here given and t rue copies thereof shall be immediately made and certified by said clerk and forwarded t o the State Auditor a nd State Treasurer respectively of Wyoming, and shall be by each of said officers entered upon a record to be known as the Indemnity Docket, and shall be the authority and direction of the State Auditor to issue warrants of indemnity awards against the Wyoming Peace Officers' Indemnity Fund, and for the State Treasurer to pay such indemnity a wards from suc'h fund. [L. '23, c. 97, § 8. 83-208. Power of Sfl'.lte Treasurer. The State Treasurer shall have the power by appropriate action to require each county of the State to contribute to said fund as required by this article. [L. '23, c. 97, § 9. • 83-209. Appeal by State Treasurer. The State Treasurer shall have the right to appeal to the Supreme Court from any final order or judgment in any District Court of the State awarding indemnity or declining to award indemnity, although he was not a party to such procedure in the District Court. The Attorney General shall act as the �44 WORKMEN'S COMPENSATION ACT attorney for the State in every such appeal, and each appeal shall be conducted without expense to the Wyoming Peace Officers' Indemnity Fund. {L. '23, c. 97, § 10. • �Coal Mine Catastrophe Insurance Fund CHAPTER 57-ARTICLE 7 R. S. 1931 / Section 67-701. Definition. 67-702. Payment by coal m1rung companies. 57-703. Losses in excess of $26,000 to be paid from fund. 57-704. Separate accounts to be kept. 57-706. U se of fu nd limited. 57-706. Penalty for failure to pay premium. 67-707. Authority to contract with insurance companies. 57-701. Definition. The word, " catastrophe," as used in this Art icle means a disaster in a coal mine or mines causing the payment thl'ough the operation of the Workmen's Compensation Law of t hi s State out of the Industri al Accident Fund of an aggr egate more than Twenty-five Thou and Dollars in compensations to workmen killed and injured and their dependents, growing out of any one accident or occurance, or series of accidents or occurrences arising out of one event. [L. '25, c. 159, §1. 57-702. Pa,yment by Coal Mining Companies. For the purpose of giving to the portion of the Industrial Accident Fund paid in by employers operating coal mines support which is deemed necessary, each emloyer operating a coal mine or mines in Wyoming shall pay into the State Treasury monthly a sum equal to one-fourth of one per cent of his Wyoming payroll for the preceding months, such payment to be made on or before the fifteenth day of the month following the month for which such payments are computed and paid, the moneys so received to be placed by the State Treasurer in a fund to be denominated Cata~trophe Insurance Premium Fund. All moneys received by the State Treasurer under the terms of this Article, shall be paid by him out of the Catastrophe Insurance Premium Fund into the Industrial Accident Fund, monthly as received, and such payments shall continue to be made until the credit balance of the Catastrophe Insurance Fund in the Industrial Accident Fund is equal to One Hundred Thousand Dollars ($100,000.00), whereupon .such payments shall cease, to be automatically resumed, whenever and continue so long as the credit balance of the Catastrophe Insurance Premium Fund within the Industrial Accident Fund, is �46 WORKMEN'S COMPENSATION ACT below One Hundred Thousand Dollars ($100,000 00 . all such pay ments shall be credited general} t • I)' I n d us t na • I A cc1<lent • Fund instead of " · Y o .t 1e • . . oemg credited to any mcliVJdual employer contributing to either the Cata st rophe Insurance Premium Fund th • or e I n d ustnal Accident Fund. [L. '25, c. 159, § 2. 57-703. Losses in Excess of $25,000 to Be Paid from Fund. In consideration for such payments m ade or to be made from the Catastrophe Insurance Premium F und, the Industrial Accident Fund in the hands of the State Treas urer is hereby made a catast r ophe insurer as to catastrophes to the extent t?at such cat ast r ophes cause loss·es above Twentyfive Thousand Dollars to the Industrial Accident Fund. The f irst Twenty-five Thousand Dollal's of such loss hall in every case be charged against the employer in who · e mine or mines the accident may h ave occurred. The amount over Twenty-five Thousand Dollars shall be paid' from the Industrial Accident Fund and not charged against the employer in who se coal mine or mines the catastrophe occurred, but against the balance of the Catastrophe Insurance Premi um Fund. [L. '25, c. 159, § 3. 57-704. Separate Account to Be Kept. The State Trea urer shall keep a separate account between the Industrial Accident Fund and the Catastrophe Insurance Premium Fund, crediting the Catas~rop~e In surance Premium Fund with all moneys by_1t paid into the Industrial Accident Fund and charg!ng the Catastrophe Insurance Premium Fund w~th all amounts paid out for catastrophes as herem provided. [L. '25, c. 159, § 4. 57-705. Use of Fund Limited. No money paid into the Catastrophe Insurance Pr~miu_m Fund' as herein provided shall ever be applied ~n 1y .~va~ other than by payments to the Industnal c~1 en Fund as herein provided. [L. '25, c. 159, § • 57 706 Penal~y for Failure to Pay Prerniudm. • • t ed b Y the . Treasurer un the er The •inspectors appom t for Section 124-119 shall also ~ft :-s msf~~:r;remiums purpose of enforcing the co ec ion o . coal mines. due the State from employers opefatmgshall fail or And if in any .case any such emp ~?'trmonthly payrefuse to pay the prem~u~tl~n h~ shall be guilty roll as is required by this c e nished by a fine of a misdemeanor a~d shall d~:/($ 500.00) Dollars of not more than Five ~un. . shall be the duty and in addition to the said ~mt~1t Staie to immedof the Attorne;,r ~eneral o o~ the State in the iately bring smt m the name t for the beneDistrict Court for the proper coun ~remium Fund, fit of the Catastrophe Insugnc:ollection of suc.li against such employer for e �WORKMEN'S COMPENSATION ACT 47 premium, and if a judgment for the recovery of such premium due be given in favor of the State for the use and benefit of the Catastrophe Insurance Premium Fund said judgment hall be for double t he amount of the Premium provided by this Article, together wit h cost . [L. '25, c. 159, § 6. 57·707. Authority t,o Contn:ict With Insurance Companies. The State Treasm·er, should he deem it advisable, is hereby authorized and empowered to make contracts on behalf of the State of Wyoming and the In dustrial Accident Fund with a n insurance company or companies, to provide fo r payment into the Indu. t ria l Accident F und' by t he insuring company or companies of a sum equal to the ultimate net loss which the Indu trial Accident Fund has or shall sustain by reason of any catastrophe, all for the purpose of authorizing the tate Treasurer to rei nsure the said atastrophe r isk with an insurance company or companie . The premium for any contract of reinsurance shall ·oe paid by the State Treasurer out of the Ind ustrial Accident Fund and charged against the account of the catastrophe Insurance Premium Fund. Every cont ract of r einsurance shall specify that the insuring company or companie reinsure the Industrial Accident Fund from los by reason of catastrophes during the term of such insurance, within the limit as to amount expre sec! in the contract, a nd that the in uring company waives all right to que tion any award fo r claims growing out of a catastrophe or claimed to grow ou t of catastrophe, and that the insuring company will accept as final the awards made by the courts under the Wyoming Workmen's Compensation Law, and will abide by such awards, and will promptly repay to the Industrial Accident Fund all the payments made by it during the term of such insurance under catastrophe awards. Each contract shall also provide that the insuring company disclaims all right to appear in or contest any proceeding under the Workmen's Compensation Law. No payment made out of the Industrial Accident Fund which is repaid to the Industrial Accident Fund by an insurance company shall be charged against the account of the Catastrophe Insurance Premium Fund or against the account of the employer in whose mine the catastrophe accurred. [L. '25, c. 159, §7. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Workman's Compensation Act 1933 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. May 1st 1933 Subject The topic of the resource Workman's Compensation Act, 1933 Description An account of the resource A booklet documenting one of the Workman's Compensation from May 1st 1933. It is stored in a orange folder with other Workman's Compensation files. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource H.R. Weston Identifier An unambiguous reference to the resource within a given context 1-0238 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/66916fd40a5fa61fa3c96e2816910936.pdf 9c1a3cba3df0dd9bc52b4b8f8c905de0 PDF Text Text '*********-lHC·***********************-lHHH+****-lHE--lt •******"***************"************************ STATE OF WYOMING W({))Rll(MJE1\l9 § COMIPEN§Aill(Q)N ACl PEACE OFFICERS' INDEMNITY FUND COAL MINE CATASTROPHE INSURANCE FUND FIREMEN'S PENSION FUND And Acts Relating Tlzereto With All Amendments to Date MARCH 1, 1935 Compiled By J. KIRK BALDWIN, STATE TREASURER CHEYENNE, WYOMING �WORKMEN'S COMPENSATION ACT CHAPTER 124 R . S. 1931 Section. 124-101. Name of law. 124- 102. Gene ral prov isions. 124-103. P rov isions exclu sive, compulsory and obligato ry. 124-1 0-L Extra-hazard ous occ upati ons defin ed. 124-1 05. Excep ti ons. 124-106-7. Defin itions. 124-108. Guardia n may ac t fo r perso ns under disab ili ty. 124-109. If ot her th an employe r is liabl e. 124-110. T hi s chap ter gove rn s as to liab ility of employe r. 124-111. Blank fo rm s supp lied by state treas urer. 124-11 2. R eports of acc icl en t. 124-113. I 1wes tiga tion by th e district judg e-Procedure in di sp ut~d cases. 124-114. Appeal to supreme court. 124- 115. Court ord er recorded - Copies to auditor and treas urer. 124-11 6. Industrial accident fund-Appropriation, 124-117. Employers' assessmcn ts. 124-118. Filing of payrolls with state treasurer .. 124-119. Inspectors - Failure to pay assessment Penalty. 124-120. Compensation schedule . 124-121. Additional compensation for disfigurement. 124-122. Compensation for hernia. 124-123. Forfeiture by injured employe - Payments withheld. 124-124. Exemption from execution or attachment. 124-125. i\linor workman. 124~126. Extra-hazardous pub Ii c work - Cont,act work. 124-127. Safety devices. 124-128. Unlawful to receive more than S per cent of compensation for services rendered. 124-129. Physician~ required to testify. 124-130. False statement by employee. 124-131. Annual report by state treasurer. 124-132. Examination by state treasurer. 124-133. Disabled workman examined by employer's physician-Recovery reported to court. 124-134. Employes' statements of dependent persons. 124-135. Assignment of rights and benefits. �4 WO R KMEN ' S COMPENSAT IO N ACT *124-136-A. Closing of account s. _124-136. Ac ti ons against employe r independent of chapter. 124- 137. Reope ning o f cases. 124-138. B ills to be itemi zed-Tim e of filin g. 124-139. Notificatio n by doc tor . 124-140. Award s. 124-141. De ferred paym ent acco unt. 124-142. Bribery. 124-101. Name of law. T his chap ter sha ll be known as the "wo rkm en's compensati on law." [L. '15, c. 124, § I ; C. S. '20, § 4315. \ \TorJ..•·m an' s com pensa tion ac t would be va lid as to the remai n. dcr even if the provision for non-paym ent for the firs t ten days was inva lid, being severa ble. Zanca ncl li v. Central Coal & Coke Co., 25 W yo. 5 11 , 173 P . 98 1. \ Vorkm cn's com pens;-it ion act is valid, and not con trar y t o any provision of th e stat e or federa l cons tit u tions. Id . \ Vorkmcn 's compensat ion act docs not violate ame ndme nt to cons t. a rt. l 0, § 4, provid ing com pensation "to each person in .. jurc<l ," in th:i t no compen .l tion is allowed fo r firs t 10 <lays of disa bil ity. I d. \\Tork.men 's compensation ac t, § 124-113, docs not deny the r ight of an em ployc to be re presented by counsel, in view of § 124•12 , r ela tjng to fees oi a ttorneys. Id. \.Vo rkmen' s com pensation ilCt is not unconst ituti onal in that the provision that children over the age of 16 sha ll not be considered depende nts u nless incapacita ted . I d . \Vorkm en's com pensa tion net is not u ncons titutional in that nonresid ent alien fa mily of deceased employc s hall receive only 33 per cent of amoun t allowed to resident of s tate. Id. T his chapter held, not based on un rea sonab le classifica tion, citi ng- consl. art. I § 34 . Ideal Da kc ry v. ch ry ver, 43 W yo. 108, 299 P . 284. Under § 124· 124, providi ng th a t no m oney payable under this chaip tcr. sha ll , prior to issuance and delive ry of warra nt therefor, ' 'pass to a ny other person by operation of law," the ri ghts of a n inju red cm ploye to compensa tion provided fo r in §§ 124•102, 124 •1 03. 124·11 3, did no t pass to his ad min istra tor as a n asset of his esta te on his dea th aitcr award had been made, but before the issuance or deli very of the warra nt provided fo r in § 124• 115, s ince in its ordinary and us ual sense with in § 11 2· 101 , the phrase '' by operation of law/' when u sed to clescribc a method by which titl e to prope rt y is transicrred. incl uclcs a transfe r by intestacy. L a Chappelle v. Union Pacific Coal Co. , 29 \ Vyo. 44 9, 2 14 P . 587. This chap ter cited in St.ate v. Carter, 30 \Vyo. 22, 43, 215 P . 477 , 484. Findings on evide nce in compensation contest conclusive. Standard O il Co. of Indiana v. S ulliivan , 33 W yo. 223, 237 P . 253. A ward not conjecturnl, though different finding justified. Id. Under this chapter there is a. prima. facie right to compensation when disability or death is result of an injury sustained in extra .. hazardous employment and the r ight thereto s hould not be denied unless the injury was du e solely to the negligence of the workman whose injury or death is the basis of the claim, a.nd the burden of proving s uch affirmaitive clefensc is on the employer, in view of § 124-112. Hotelling v. Fargo-Western Oil Co., 33 Wyo. 240, 238 P. 542. Tot.al disability s hould not be declared permanent, unless certain. Carter Oil Co. v. Gibson, 34 Wyo. 53, 241 P. 219. Evidence held, to justify finding that total disability was permanent. Id. Legislature may impose duty on court reporter of making transcripts of compensation cases free of cost. In re Winborne, 34 Wyo. 349, 244 P . 135. *This section omitted in R. S. 1931. �WORKMEN'S COMPENSATION ACT 5 Thi s chapter cited in construing §§ 124-104 and 124-107. In re Karas. 34 Wyo. 357, 243 P . 593. Rul e th at ~n case of conflicting evidence appellate court will no t . reverse Judgment s uppor_tcd by subs tantial evidence, held, apphcablc to cases under t1ns chapter. ?\lc~1ahon v. ~fidwcst Refining Co., 36 W yo. 90, 252 P . 1027. This chapter c it ed in cons tn1ing certain sections hereof. In re Hi bler, 37 Wyo. 332 , 261 P . 648. This chap ter cited in R eintsma v. Standard Oil Co., 37 \Vyo. 47 I, 263 P. 6 19, annotated under § 124 114. Cited in construing § 124-J 12. In re ~-'f artini , 38 Wy o. 172, 265 P. 707. ln re [cCon ncll v. M u rp hy B ros., 45 W yo. 289. 124-102. General provisions. Compen sation herein provided for shall be payable to person s injured in extra-haza rd ous employ m ents, as herein defined , or th e depend en t famili es of such, as die, as the re sult of such in ju ries, excep t in case of injuries due solely to th e cul pable neg lige nce of th e inj ured em ployes. Said com pensa ti on sha ll be payable fr om fun ds in th e stat e treasury to be accumul ated and maintained in th e m aner her ein provided. The r ig h t of each em ploye to compensati on fr om such fu nds shall be in lieu of and shall take th e place of an y and a ll rig hts of action again st any emp loyer con tribu ting, as requi red by law, to such fu nd in fa vo r o f an y such per on or persons by rea son of an y s uch injury or dea th . ections 23129, 89-403 anti 89-404, a nd a ll laws or part of law s r elatin g to damages fo r inj ur ies or d ea th from injuries :,r in an ywise in confli ct wi th this chap ter a rc hereby r epealed, as to the employ m ents, em ploye rs a nd employes comin g- within th e term s o f thi s chapter. [L. ' 15, c. 124, § 2; C. S . '20, § 431 6. Qu oted in Zancanelli "· Central Coa l & Coke Co .. 25 \V yo. 51 I. 173 P . 98 1 ; and in Ideal Ba kery v. Schry\'cr, etc .. 43 Wyo. 108 , 299 P . 284. Cited in L a Chappelle v. t: nion P acific Coal Co., 29 \V yo. 449, 214 P. 58 7. annota ted under § 124-101. Th e word 0 solely,'' as used in Const . a.rt. 10, § 4, and this section. enacted pursuant to authority there given, is a word of exclusion. and may be used to mean ''only" or "exclusively," and as used mu st he given a reasonable meaning. in view of the kn own policy of thiis chapter. Hotelling v. F a rgo-\Vestern Oil Co .. 33 W yo. 240, 238 P . 542. Proof held, insufficient to sustain affirmative defense that workman's <lea th was due solely to his own negligence; fellow workman's negligence immaterial. Id. City employc, injured while impounding animals, which occupation was not vdthin compensation law, could not recover compensation. though nho employed as truck driver, which was within law. Leslie v. City of Casper, 42 \Vyo. 44, 288 P . 15. 124-103. Provisions exclusive, compulsory and obligatory. The rights and remedies provided in this chapter for an cmploye on account of an injury shall be exclusive of all other rights and remedies of such employe, his pers·onal or legal representatives or dependent family at common law or otherwise on account of such injury; and the terms, conditions and provisions of this chapter for the payment of compensation and the amount thereof for injuries sustained or death resulting from such injuries shall be exclusive, -compulsory and obligatory upon both employers and employc_i; cpming witbi.n the provisions hereof. [L. '15, c. 124, § 3; C. S. '20, § 4317. Q-~oted in Zancanelli v. Central Coal & Coke Co., 25 V,'yo. 51 I, 173 P. 981. Cited in La Chappelle v. Union Pa9ific Coal Co., 29 Wyo. 449, 214 P. 587, annotated under § 124-101. �6 'WORKMEN'S COMPENSATION ACT 124-104. Extra-Hazardous occupations defined. The extra-hazardous occupations to which thi s chapter . is applicable are as follows: Factories, garages, n1ills, printing plants and work-shops wh ere machinery is used; foundries , blast furnac es, min es, oil wells, oil refin erie s, gasoline filling s tation s a nd bulk oil station s, gas works, natural gas plants, water works, reduction work s, b r cw er i es, dis till eries, elevators, dredges, excav a ti ons, tra nsfer co mpani es, general teamin g, g-eneral tru cking, ditch rid er o f irrigation di stricts, smelters, powd er works, lau ndrie s ope rated by power, k itch n ~mployce and waiters, wi10se employme nt requi re s them to go to and from kitchens, of hotels, res taurants, and bakeries, quarri es, enginee rin g- works, logging. lumber .yard , lumber in g and saw mill ope rations, dud e ranchin g, st re et and interurban ra ilroads not engaged in interstate com merce, bu ilding being const ruct ed . rep~ ired, moved or demo li shed. painting operations, telepl,:i_onc, telegrap h. electric light or power plants or li nes, steam hea tin g or power p lan ts, ra ilroads no t engaged in inters tat e commerce. bridge building, the occupations of city or tow n firemen and c ity gr town policem an. and all emp loy men ts wh erein a p_r_o cess reg niring the use of an y dangerous explosiv es or inflammab le mate rials is car ried on, which is cond ucted for the purpose of business trade or gain , each of which employment is hereby determined to be extra-ha za rdou s and in whi ch, from the natnre, condi tio ns or m ea ns o f prosec ution of the work th erein require d ri sks to the life ai,d limb of the workm en engaged the rein arc inherent. necessary or sub stan tiall y unavo idab le. T hi s chapte r shall not appl y in any ca e wh ere the injury occurred before this chapter ta kes effect, and to a ll rig hts which have accru<;!_d by rea so n of any such injury prior to th e taking effect of th is chapter, shall be saved the rem edies now existing th erefor. [L. '3 1, c. 94, § 1; amending L. '29, C. 46, § 1; L . '23, C. 60, § l ; L. '21, § 138, § 1; C. s. '20, § 4318; S. L. '35, C, 100. Questions of neg-lige.ncc for injury received in cxtra•hazardous occupations stated. Hotelling ,·. Fargo-\Vestern Oil Co., 33 \Vyo. 240, 238 P. 542. Plas terer, contracting to move ho4se an<l hiring helper, held, employer cn(:!agcd in moving buiildings. In re Karas, 34 Wyo. 357, 243 P. 593. Cited in Lesli,· "· City of Casper, 42 Wyo. 4-l, 288 P . H, annotated under § 124•102. Quoted in Ideal Bakery v. Schryver, etc., 43 \Vyo. 108, 299 P. 284. 124-105. Exceptions. This chapter shall not be construed to apply to business or employments, which, according to law are so engaged in interstate commerce as to be not subject to the legislative power of the state nor to persons injured while they are so engaged, nor to any employe engaged u1 domestic ser_vice, ranch, farm, agricultural, or horticultural labor, or stock raising, or any person holding an appointment as sheriff, or deputy sheriff, or constable or deputy constable. [L. '23, c. 60, § 2, amending C. s. '20, § 4319. �WORKMEN 'S COMPENSATION ACT 7 124-106-7. Definitions. In this chaP.ter unless the context otherwise requires: (a) "Factori es" mean any premises where power is used in ma nufacturing, making, altering, adapting, ornam en ting, finishing, repairing or ren ovating, any article for. th e purpo§._e of trade or gain, or the business carired on th erein, includin g expressly any brick yard, meat packing hou se, foundry, smelt er, ore reduction work s, lime-burning plant, stu cco plant, steam heating plant, elect ric lig hting or power plant, in cluding all works in or di rec tly connected with the construction, in sta lla tion, ope rat ion, alt era tion, removal or r epair of wires, cables, switchboards or appa ratu s used for the tran smi s ion of electric cur rent, and water power pla nt, in cludin g tower and standpipes, power plant, blast furn aces, paper mi ll , printing plant, flour mill, g lass fac tory, ce m ent plant, arti ficial g as plant, machin e or r epai r shop, oil plant, oil refinery plant and chemical manufact ur ing plan t; (b ) "\ 1/ork shop" mea ns an y yard, pla nt, premises, room o r place where po wer driv en J!lac hin ery is employed and manual labor is exerci sed by way of trade or gain, or otherwise incidental to the process of makin g, altering, repai ri ng, pri nting or ornamenting, finishin g or adapt ing fo r sale or otherw i e an y a rti cle or part o f a rtic le, over w hi ch pr emise , room or place th e employe r of th e pe rson ,yorkin g th erein has t he r igh t of access or con trol; (c) "Mill" m ea ns an y plant, premis es, room or place wh ere machinery is used, any process of machinery, chang ing, alterin g or repairin g any article or commodity fo r sale or o th erwise toge th er with th e yards and premises which a re a part of the plant including elevators, warehouses and bunkers, saw mill , sas h factory or oth er work in the lumber indu stry; (d) "?vl in e" means any opening in the e<!!:_th for the purpose of extracting iron, oil;- coal, or other minerals and a ll und erground workings, slopes, drifts, shafts, galleries, w ells and tunnels, and other ways, cuts and op enings connected therewith, including !.)1ose in the course of being opened, sunk or driven. and includes all the appurtenant structures or machinery at or about the openings of the mine, and any adjoining adjacent work place where the material from a rrtirie is prepared for use or shipment; • (e) " Quarry" means any place, not a mine, where stone, slate, clay, sand, gravel or other solid material is dug or otherwise removed from the earth · for the purpose of trade or bargain or of the employer's trade or -business; (f) ''.Building work" means any work in the erection, construction, extension, decoration, alteration, _repair or demolition of any building or structural ap- : purtenances; (g) "Engineering work" means any work in the construction, alteration, extension, repair or demolition of a railway (as hereinbefore defined) bridge, jetty, dike, dam, reservoir, underground conduit, sewer, oil or gas well, oil tank, gas tank, water tank or tower, or any caisson work in artificially compressed air, any �8 WORKMEN'S COMPENSATION ACT - work in dredging, work . on lo~ <;>r lumber_ rafts or boo ms; pile drivi_n?", moving b~1ldmgs, movmg safes, or in layi ng, repamp g or r~mo".mg m_1derground pipes and co1!!1ections; th e erect ion , mstalh_n g, repairing, or removing of boilers, furnaces, engm.£._s and power mach inery (including. belting and ~ther conections); and any work in g ra_g111g or _excavatmg wl~ere shoring is necessa ry or power mac hm ery or blas tmg powder dynamite or other hi g h explosive is in use (excludin~ mining and quarrying); (g-1) "D ud e ra nchin g" fo r the purpos~ of this cha pter is def in ed and !:Deans a ranch conducted primaril y fo r th ~ accomodation and ent ertainment of g uests for monetary consideratio n ; ( h) "E mpl oyer" includes any mun icipal_ity, county, person or body of person_s, co rporate or mcorporate, and th e legal repre entat1ve of a deceased employer or th e rec eiver or a trustee of a pe rson, corp oration, association or partne rship ; (i) " \Vo rkman" mean s any per on who has entered into th e employment of or works under co ntract of se rvice or apprenticesh ip with an em ployer, except a perso n whose employment is pu rely cas ual and not fo r th e purpose of the employe r' trade or business, or those engaged in clericaJ work, a1.1d_ not subject to th e ha za rd s of the bu in ess, or one holding a n official pos ition. The term "workman" ha ll include "employe" an d th e term "emp loye" shall include "workman'' and each hall in clude th e s ingu lar and plural of 1;oth sexes. Any refe rence to a workman who has been injured shall, w here the workman is dead, include a reference to his "dependent fa mily" as hereinaftei:. defined, or to his legal rep resentative, or where the workman is a minor o r in coD"lpetent to hi s guardian or next fri end ; (j) " Dependent famili es" as used in this chapter means such members of- th e workman's family as were wholly or in part actually dependent upon the workman for support at the time of th e injury. No spouse shall be entitled to the bene fits of this chapter nor shall such fact influence any awards made hereunder unless he or she shall have bee n married to the workman by a marriage duly solemnized by legal ceremony at the time of the injury; (k) "Child or children" means the immediate offspring or legally adopted child or children of the injured workman, boys under eighteen (18) years of age and girls unde, ~ighteen (18) years of age (and over said age, if physically or mentally incapacitated from earning) and shall also include legitimate children of the injured workman born after his death or injury. In other cases, questions of family dependency in whole or in part shall be determined in accordance with the fact, as the case may be at the time of the injury; the foregoing definition of ,:dependent families" sh_all not _in_cluge any of the persons named, who _are aliens res1d1ng beyond the jurisdiction of the United States o~ America, except a surviving widow or boys u!lder eighteen (18) years of age or girls under eighteen 08) years of age, or parent or pai:ents, and as to such non-resident aliens the rate of compensa- �WORKMEN'S COMPENSATION ACT 9 tion shall not exceed thirty-three and one-third per cent (33½%) of the rates of compensation herein provided; (1) The words "injuries sustained in extra-hazardous employment," as used in this chapter, shall include death resulting fr?m injury, and injuries to employes, as a result of their employment and while at work in or about the premises occupied, used or controlled by the employer, and injuries occurring elsewhere while at work in places where th eir employer's business requires th eir presence and subjects them to extrahaza rdous duties in cident to th e business, but shall not include injuries of the employe occ urring while on his way to assum e the duties of his employment or after leaving uc h duties, the proximate cause of which injury is not th e employer's negligence; (m) TJ1e words "inj ury and personal injury" shall not include injury ca used by the wilful act of a third person dire cted again st an employe fo r reaso ns personal to uch employe, or because of his employment: nor a disease, except as it shall directl y res ult from an injury incurred in th e emp loymen t ; ( n) " Invali d" m eans one who is phys icall y or mentall y incapacitated from ea rni ng wages. \Vhct hcr cmploye's work is casual or fo r purpose of empl oyer's trade or busin ess , within thisi section, defining workman, depends on fact s of individual case. In re Ka rns, 34 Wyo. 357, 243 P. 593. House mover's employc, llri,·ing tractor, held , workman, within compensation law, though employment WjS casual. I<l. Subdivi sion ( 1) held, to include injuries suffered through the perfom1ancc of all duties of the employment, whether main or inciden tal th ereto but call ed fo r by it. Ideal Ilakery v. Schryver, etc., 43 Wyo, 108, 299 P. 28 -1. Cited In re Martini, 38 \Vyo. 172, 265 P . 707, annotated under 124- 11 2. 124-108. Guardian may act for persons under disability. In case an injured workman is mentally incompetent or a minor, or where death results from the injury, in case any of his dependents, as herein defined be mentally incompetent or a minor, at the time when any right, or privilege accrues to him under this chapter, his guardian may, in his behalf, claim and exercise such right or privilege and no limitation of time, in this chapter provided for, shall run, so long as such incompetent or minor has no guardian. [L. '15, c. 124 § 7; C. s : '20, § 4322. 124-109. If other than employer is liable. Where an employe coming under the provisions of this chapter receives an injury under circumstances creating a legal liability ip some person other than the employer to pay damages in respect thereof, and no legal liability attaches to t!Je employer, then and in such case such employe shall be left to his remedy at law against such other person, and cQ_mpensation shall not be payable under this chapter. [L. '15, c. 124, § 8; C. S. '20, § 4323. ' 124-110. This chapter governs as to liability of employer. No contract, rule, regulation or device whatsoever shall operate to relieve the employer, in whole �7 10 WORKME N'S C01v!PENSAT ION ACT or in part, frq_m any liability created by this chapter except as herein provid ed. [L. '15, c. 124, § 9 ; C. s. '20, § 4324. \ Vhcthcr sti pulation ior reopen mg case on . c~rtain conditions after final jud gment a!low mg ~ompens_a u o!1 to mJur!!~ cmploye is void under this section, ts 1mm a!enal 111 dctcrmtnmg whether cour't had jurisd iction to reopen Judg-mcnt . which adopted the confirmed sta tements in st ipu lation at least in part. l\1idwcst Re. fin ing Co. v. George, 41 \Nyo. 55, 281 P . 1005. 124-111 . Blank forms supplied by state treasurer. I t shall be th e duty of the tate treasur er to prepare ca use to be printed and suplicd free fo r use in the ad mini stra ti on of this chapte r such blank forms as may be needed in th e admini tration thereof, and the forms provid ed by th e state treas urer hall be used as near as may be in all proceedure under this chapter ; and it sha ll be the duty of th e state tr eas urer t9 provide him self with such othe r books, records, or for ms as may be deemed necessary to expedite the transaction of business under the provi sions of th is chap ter. T he sta te treasu rer hall also prepa re and cause to be printed, for th e informa tion of employes a nd workmen, such helpful instru ctions as will assist injured wo rkmen in correctly making cl aim s fo r co mp ensation . [L. '23, c. 60, § 5 ame nding L . '21, c. 138, § 4; C. s. '20, § 4325. 124-112. Report s of accident. , \ ' henever a n accident occ urs, causing injury to an y workman engaged in any of th e extra-ha zardous employments defi ned by this Chapte r, it hall be the duty of the employer and the injured emp loye, or omcone on his behalf, or in behalf of th e inju red cmploye' s dependen ts, if he be kill ed or dies fr om the injury, within 20 clays th ereafter to make a repor t of s uc h accident and the apparent injury res ultin g th erefr om a nd to fil e said report in th e offi ce of the clerk of th e district court of the county wher ei n such acc ident occurred which report shall state: Provided, however, that lack of said notice by th e inju red employe shall not bar proceedings if the empl oyer hail actual notic e of knowledge of the injury. ( 1) The name of the injured workman and the time, cause and nature of the accident and the injury; also whether the injury has disabled the worklJlan from continuing the performance of his duties; (2) Vvhether the accident occurred while the work- · man was •engaged in the duties of his employment, and grew out of the employment; (3) The nature of the employment and the duties and how long the workman has been engaged in the service oT such employer ; (4) Whether the accident was or was not due solely to the culpable negligence of the injured employe and if so, a stateme!!_t of the facts; . (5) Whether _the injured workman is married or smgle; whether he has a dependent family, and if so, the· _names of t.he persons comprising such dependent family and their place of residence; • (6) Whether the injured workman intends to claim co_mpensation under tl1is Chapter. ~ �WORKMEN 'S COMPENSATION ACT 11 Said e~ployer's report q_f accident may be made upon a prmte_<l form prepared by the State Treasurer for such purposes, and s_hall be verified as pleadings in civil a<:_tio'l_s. Wilful failure or neglect, on the part of any employer whose business or occupation is one enum erated and defined herein as being extra-hazardous, to r eport accidents cau sing injury to any of "his employes, shall be a mi sdem eanor and upon conviction sucJ1 employe r shall be punished by a fin e of not exceeding fiv e hundr ed ($500.00) dollars. I . The injured em ployle's re po rt of a cident may be made up.9n a print ed fo rm prepa red by the State Treasu rer for that purp ose. No order or award for co mpensation shall be made unless, in additi on to th e repor ts of a£._c ident, a n a pplication o r claim for awa rd is fil ed by the in jured workman, or someone on his behalf, or in case of death of the injured workman, by his dependen ts or some one in th eir behalf, with the clerk of the dist ri ct co urt in th e co unty w herein such acc iden ts occurred , within one yea r after th e day on which the inju ry occurred. Teither the repo rts of accident nor anythi ng th erein conta ined shall co nstitu te a claim for compensat ion. The cmployc's claim for co mpensation may be am ended at any tim e before an or igina l order of award has bee n made in order that the -workman may correctly set out the nature of hi s injury. [ C. . '20, § 4326, as amended by L. '27, c. Ill ,§ 1; L. '29. c. 61, § l ; s. L. '35, C . 100. Cited in H otelling v. Far!!'O·"'es tcrn Oil Co., 33 W yo. 240, 238 P. 54 2, annotated under § 124 -1 01. R eport fi led by employer, concern in g accid ent and iu jjury suffcn~cl therl!by, is ordi narily adm iss ib le in evidence.. Ideal Bakery v. Schryver, etc., 43 W yo. 108. 299 P . 284. Limit.1 ti on of t.imc for application fo r compensation by injured cmployc, held, .appl icable to injuries resulting in death . In re Martini, 38 Wyo. 172, 265 P. 707. Limitation fo r filing cJaim by injured empl oyc, held, applicable to claim by:._ surviving parents. Id. That cmp1oye's surviving parents were in Italy, held, no ex• cuse for not filing cJaim for compensation in time. Id. Lack of knowledge as to limitation for filing claim for com• pcn'-ation , he.Id. no excuse for failure to file claim within pre• scribed time. Id. 124-113. Investigation by the district judge-Procedure in disputed cases. '\¥henever an injury or death resulting from injury is reported to the clerk of the district court of the county wherein such injury occurred, in accordance with the preceding section, it shall be the duty of said clerk to at once notify the judge of said court, that such injury report has been filed in his office. It shall thereupon be the duty of said judge to investigate the nature of said injury and • claim f~ compensation at the earliest possigle date, 'in such a manner as he may deem necessary to ascertain whether the claim for compensation or the amount thereof, is disputed by the employer, and if there be no dispute, as to the right of the injured workman to receive compensation, or as to the amount thereof, and the claim appear to be free from collu- 0 sion, said judge shall thereupon make an order di- ' recting payme~t for such compensation from the state industrial accident fund in acordance with the facts �12 WO RK MEN'S COMPENSAT IO N ACT by him asc ertained and tht; t~rms of t~is _c ~apter. If th ere be a disp ute, as to the n g ht o fsa1d tnJured employe or his dependent fa mil y t9 receive compensation, or as to the amount thereof, then it shall be the duty of said judge to set th e case dow n for a hearing at th e ea rlies t possible da te and to direct notic~ of such hearin g to be issued by th e cl£rk of said court for service upo n the employer a nd th e employe at least se ven ·(7) days befo re th e date fi xed for said hearing, whic h said notice shall be served by the sheriff of said co un ty witho ut expense to eit her pa rty, except that his ac tual traveling expenses sha ll be a llowed and taxed, as co t . T he hea rin g sha ll be conduc ted upon th e statement an d r eport fi led by the emp loyer, a rid such fo rmal claims as may be prese nted and fi led with the cl crl of th e distr ict cour t by or on behalf of the injured wo rkma n. If the employe r, in hi s report of the injury, alleges tha t th e i1tiury was du e solely to the culpa_hle neglige nce of the in jured cmploye, or th at the claim fo r compensation i one not co ming wi thin the provi ions of this chapter, then a ju ry may be dema nd ed by either party and the cau se s ha ll be tried, as a court m:oceed ing. If a jury is deman ded, it may be elec ted fr om names drawn from the five m ile limit ju ry box, as in civi( cases, at any time in term time or vacati on unle s a r egu lar jury panel be in atte nd a nce at the court on the da te any such hea ring may occur. T he taki ng of evidence hall be s ummary, giving a full oppo rtunity to all pa rties to deve lop the fac ts fully. The off icial co urt repo rter of th e district court shall a ttend the hea-;:ing a ns! make a tenograp hic report of the evidence wit hout co t to eith er party. The cour t or jud ge hall direct th e co unty and prosec ut ing attorn ey, or o ther competent atto rney a ppoint ed by the co urt to conduct th e exa mination of wi tn esses on be half of the injured workman , a nd it sl1al) be th e duty of sai d a tt orney to appea r and perfo rm such service without expense to either party. T he employer may appea r in pe rson or by co unsel a nd introduce evidence a t th e same hea ri ng. To costs shall be taxed by th e cl erk except fees fo r witn esses, w ho may be subj oe naed and who shall be allowed the sam e fees. for a tendanc e and mileage, as is fi xed bY. law in civil actions, and jury costs shall also be taxed. All such costs shall be paid from- tlie accident fund , if the verdict and judgment be in fa vor of the employer ; but if against the employer then he shall pay the costs. At the conclusion of the hearing, the court shall enter an order pursuant to th~ verdig of the jury, if a jury be called, and if no jury be called, the court or judge shall render a decision upon the facts and law q_f the case pursuant to the provisions of this chapter, and make an order allowing or disallowing com_Qensation, as t~e law and the evidence may warrant. In- any pro- · cee?mg before a court or judge, as aforesaid, the court ?r JU~~e sh~ll have authq_rity to appoint a duly qualified 1rr:ipartial physician to examine the injured employe agd give testimony. The fee for such service shall be five dollars ($5.00), unless otherwise ordered by the court, with mileage allowance as is allowed ~ to _other witn_esses, which shat be taxe'd as costs, and paid as other witness fees are paid. The employer or cmploye may, at his own expense, also appoint a �WORKMEN'S COMPENSATION ACT 13 qualified physician, who may ~ttend and be present at any such examination of an injured employe and give testimony at such hearing or investigation. Where an award of compensation has been made in favor of an injured employe, an application may be made to the court by either party, any ~ime after one year from the date of the award for a modification of th e amo unt of the award, on th~ g round of increase or decrease of incapac!ty due solely to the injury, or upon th e gro und of mistake or fraud . [L. '15, c. 124, § 12; C. S. '20, § 4327, S. L. '33, c. 129, § 2; S. L . '35, c. 100. Thi s section <loes not deny the right of an cmployc to be rcprcst:ntccl by counsel. in vie w of § 124•128 relating to fee s of a ll orn cys. Zanca nelli v. Cen tral Coal & Coke o., 25 Wyo. 511, Ji3 P . 98 1. Court in compensation proceedi ng held, auth orized to secure c..x pcrt tes ti mony 01~ effect of injury . though hearing o n ultimate fact. akamoto v. K emmerer Coal Co., 36 \Vyo. 325, 255 P. 356. R efu sal to take compensation case from jury after employer admitt ed there wa. s no evidence of ,a.•orkm cn's cupablc ng ligcncc, held. not error. I n re Hi bler, 37 Wyo. 332, 26 1 P. 64 8. Hearsay testimony of deceased empl oyc's wife, concern ing em• ployc's statements rb.tinf:' to inj ury, admissible where no objcc• tion was made at trial. Ideal Dakcry v. chry vcr, 43 \\Tyo. 108, 299 P . 284 . Cited in L a Chappelle v. Union P acific Coa l Co. , 29 Wyo. 449 . 21 4 P . 587, annota ted under § 124-101. Cited in l\Iidwcs t Refi ning Co. v. George, 41 \Vyo. 55, 281 P. 1005 . annota ted u nder ~ 124-H 0. !l l idwcs t Refi ning Co. v. George, 44 \ Vyo. 25. 124-114. Appeal to ~upreme court. Any order given and made in any investigation or hearing by a court or judge, pursuant to the provisions of this chapter, shall be rev iewable by the state supreme court on proceedings in error in the manner prescribed by the code of civil procedure ; provided, however, that the petition in error, bill of exceptions and record on appeal must be filed in the supreme court within seventy (70) days from the date of decision or order on motion fo r new trial by a court or judge, unless the time be extended by order of court or judge; and fifteen (15) days shall be allowed plaintiff in error thereafter for filin g brief, and fifteen (15) days thereafter shall be allowed defendant in error for filing brief, and said appeal shall be advanced on the calendar and disposed of as promptly as possible. In case an appeal t.9 . the supreJ!le court is p_rosecuted on behalf of t)1e injured workman, the county and prosecuting ~ttorne;v, or other attorney representing said workman, shall order a transcript of the record of the hearing and proceeding to be prepared by the official court reporter of the district wherein said injury occurred and duly certified without cost to said injured workman, and said county and prosecuting attorney or other attorney shall order the papers on file in the office of the clerk of the district court to be by said clerk prepared, transcripted, certified and forwarded to the clerk of the supreme court, without co§t to the iajured workman, and the proceedings in the supreme court, shall be conducted on behalf of the injured workman by the attorney general of the state as part of his official duties, and by any other attorney representing �3 a 14 WORKMEN 'S COMPENSATION ACT said workman. In case ;gi appeal be prosecuted on behalf of the employ~r, the record of _the p_roceedings at the original hearmg shall ,be s upplied without cost to such employer, but suc h employer may employ cqunsel to conquct such appeal o n his behalf. The court granting an appeal to an emp loyer from an order of award shall stay, un ti! the appea l is finally determined, the payment of said award or that portion thereof app ealed fr om up on such term s as may to the court eem ju st and prop_er. [L. '31 , c. 73, § 59, amending L . '25, c. 124, § 2 ; C. . '20, § 4328. Law permitt ing rctcn tim~ _o r fees b)_' rcl?ortcr for transcripts hcl<l, not to rcpe.:, I l:iw requ iring tr~nscn pts 111 c~mpcnsation cases to be fu rn ished without cost to par ties. In re \Vm bome, 34 Wyo, 3-19, 24-l P . 135. Cost of transcript, in appeal under tbisi chapter, no t contingent expense paya ble out of industrial accident fund, nor from interest earned by said fu nd . Judgment on substantial evidence in co mpen sat ion C.."'l SC is con~ elusive. )[cl\fahon v. ) [idwcst R efini ng Co. , 36 W yo. 90, 252 P . 102 7. \\' here petiti on in erro r :lnd record in compensation case were not fil ed within time limited. th e strpremc court was without jur_isdiction. Ritsma v. Standard O il Co .. 37 W yo. 47 1, 263 P . 619. 'M otion for new trial, under thi s section, must be fi led within 10 days from fina l order, anrl, wh ere no t ~o fil ed. error proceedings must be dismissed where motion for a new trb l was necessary. Standard Oil Co. v. Duchana n, 39 \ Vyo. 372 , 271 P . 876. Procedure on app'eal in ordina ry c ivi l cases applies to cases under compensation ac t. except as othen\;Se provided . Id. Assignment of error in motion for new trial not urged in brief is wai,·cd. Ideal Dakery v. Schryver, 43 \ Vyo. 10 , 299 P. 284. U nless an appeal frcim an orde r, in proceedings under this chapter, is perfected by fili ng record in supreme court within 30 clays thereafter as required by this section. or as extended by order of court or jjud ~e. the supreme court has no jurisdiction of the case on appeal. I n re Krivokapich. 4 1 W yo. 9, 28 1 P . 195. Failure of parties appealing fr om a ward o f compensation proceedings to file record with in statutory period required dismissal. Id. ~asc dismissed for fa ilure to perfect appeal in time. ]\farsh v. Alioc, 43 Wyo. 345. , Proccerling-s held, rcviewable by direct appeal except where altered, in ,·icw of this sction. ;\farsh \', Aljoc, 41 \ Vyo. 119, 282 P. 1055. District court held, authorized to make second extension order for perfecting appeal to supreme court. Id. Righ~ of compensation claimant to attorney general's services must yield to state treasurer's right thereto, when he petitions to reopen case. Id. Supr<:mc court has no jjurisdiction of appeal in compensation P~_ocecdmgs taken af\cr expiration of sta tutory period, therefore 1~ order extending time. In re Contas, 42 V,,'yo. 59, 289 1? 6~'. General terms of compensation law, fixing time for filing record ondap peal. were applicable to filing record in compensation cases u~ ,"v':. subsequently created appellate procedure. In re Contas, 4• yo. 94, 291 P . 314. d Tk cnftitlc record on _appeal to be filed within statutory period, oc ct ccs must be paid to clerk within time allowed. Id . . Arp:il:mt has duty of seeing that ·his record on appeal is for• "art c to supreme court as required by law. Id. 124-115. Court order recorded-Copies to auditor ~d treasurer. _Every order given and made by a d_isrict ; 0 urt «;>r Judge awarding payment from the Jl~u st rial accident fund to an injured employe or hts dependent family, shall be entered of record by the clerk of the court where given and true copies thereof �WORKMEN'S COMPENSATION ACT 15 shall ·be immediately made and certified by said clerk and forwarded to the state auditor and state treasurer respec tivel y, of \ ,\/yomin g, and shall be by each of said officers entered upon a record to be known as th e compe nsation docket, and shall be the authority and dire_ction of the state auditor to iss ue warrants for compensa tion award s against the industrial accident fund a nd fo r th e state tr eas urer to pay such compensation a wa rd s from said fund. [L. ' 15, c. 124, § 14; C. s. '20, § 4329. Ci te,! in La Chappelle v. Un ion Pacific Coal Co. , 29 W yo. H 9, 2 14 P . 587, a nnota ted under § 124-101. 124-116. Industrial accident fund-Appropriation. T here is hereby created a fund to be kn own as the "in dustrial accident fund ," which shall be held by th e state trcasu(er and by him depo sited in suc h banks as arc auth ori zed to r eceive depos its of the funds of th e state. The treasure r in making said deposits shall divid e th e said industrial accident fund into two distin ct fund s, one to be kn ow n as the "gc11eral fund" a nd t he other to be known as the ''reserv e fund." The "general fund" as near as may be, shall be used for p_eymcnt of all awards, claims and items of expe nse chargea ble against the industrial acciden t fund, and th e " reserve fund" shall not be used for any of said payments unlc s the "general fund" a t the time is insufficient to meet the demands upon it, in which case the treasur er shall transfer from the "reserve fund" to th e "general fund" a sufficient amount to meet the immediate demands upon said "general fund ." The purpose of creatin g said "reserve fund" is to provide a fund within the industrial accident fund sufficiently large to pay great and unusual demands upon the industrial accident fund which might be caused by a large disaster or by several such disasters occurring within a short time, and .the "reserve fund" shall be kept apart from the "general fund," anp as near as may be unused in accordance with said purpose. The state treasurer shall set aside in the "reserve fund" at the end of each month twenty-five per cent (25%) of all moneys received in the industrial accident fund during said month in excess of the amount expended, the balance of moneys so received to be used in the "general fund." Three-fourths of the "reserve fund" shall be as near as may be kept invested in United States government bonds, state, county, school district or municipal bonds. All moneys received by the state treasurer under the provisions of this chapter shall become a part of the industrial accident fund. All fees or mileage of witnesses, jurors and physicians adjudged to be pai<! from the accident fu!!,d in any court proceeding under this chapter, and all contingent expenses incurred in preparing for and in the ad.m inistration of this chapter ~hall be paid from the industrial accident fund on proper vouchers and warrants. [L. '31, c. 73, § 60, •amending L. '21, c. 65, § 1; C. S. '20, § 4330. •·contingent expenses"' payable out a£ industrial accident fund, refers only to expenses in ad~inis.tration of state d~~artmcnts. does not include cost of transcript m appeal under th1s1 chapter. In re Winborne, 34 \Vyo. 349, 244 P . 135. �16 \iVORKl\fEN 'S CO MPE 1SATION ACT !24-117. Employers' assessments. Every employer who shall engage in any of the ext ra-hazardous occupation s defined in this Act shall at th e time of commencing such employment pay to . the State Treas urer for credit upo n the account of such employe r in 'the industrial accident fund, a n initial sum of fift y dollars ($50.00) . E~e ry 7mp loyer engaged in any of th e occup a ti <;> nS here111 d~fmcd as ex tra-hazardous, is hereby required_to pa)'. 111to !he state treasury for th e benefit of th e mdu stn al accid ent fund a sum of money eq ual to one a nd one- half per cent. (1½%) of the money ea rn ed by each of his cm ployes engaged in uch ex tra-ha zardous emp loy ment during each calenda r month of uch emp loy ment. Such payment hall be so made on or befo re the l ·Sth day of the month follo wi ng the m onth for whic h such payments arc computed and paid . Each employer shall continue to make monthl y cont ribu tion as above provdied unlcs his account, af ter ma ki ng the hereinafter specified deductions therefrom, hall equal full two per cent. (2 %) of his anual payroll computed by multi plyi ng his current month's payroll of workm en engaged in extra- hazard ous employme nt by twelve and shall likewise be not less th an three thousand doll ar s ($3,000.00); provided; how eve r, that any employer whose acco unt i ove r drawn shall be req uired to pay month ly a sum of money ( includ in g th e payments as above specified) eq ual to fo ur pe r cent. (4%) of the mon ey came<;! by each of his employes engaged in such ext ra-ha za rd Q_u employme nt during each calendar month of such employ ment until such overd raft hall be paid. uch employer hall not be compell ed to contr ibute wh en his con tribution s in the fund , af ter making deduct ions as afo resaid, shall equal two pe r cent. (2%) of hi annua l pay roll, and shall likewise be not less than three thousand dollars ($3,000.00) . In add ition to th e oth er payments req uired by this section to be pa id into th e indu strial accide nt fund, every employe r engaged in any of the occ upations herein defined as extra- haza rdo us shall make a payment to be known as a "service and policing charge.'! Such service and policing charge shall be paid by the em ploye r into the state treasury fo r the benefit of th e industrial accident fund and shall not be credited to the balance of the employer contributing. The amount of balance in the industrial accident fund to the employer's credit shall not relieve him of his duty and liability to pay the service and policing charge; provided, howev_£r, that no employer who pays for any calendar month four per cent. (4%) of ~he moneys earned by each of his employes engaged m such c.."<tra-hazardous employment during such calend_a: month shall be compelled to pay a service and pohcmg charge for such m_gnth. Eve_ry employer, who, for any reason, including ces~a.tton of operations, fails to pay a service and poh_c111g charge of not less than two ($2.00) dollars dun_n~ _each calendar month, shall be required to ~ay an m!tJal sum_ of fiv_e ($5.00) dollars upon rcsummg or ~~mg requrred to resume payment of service and pohcmg charge. �I WORKMEN'S COMPENSATION ACT 17 The service and pol_icing c!1arge shall be computed on th e monthly premmm paid by the individual employer in to the state trea sury for the benefit of the industrial acc ident fund during each calendar month or on the premi um which th e employer ·would hav~ been req uir ed to pay had not the amount of the employer's balance relieved him from the payment of a premium . T he am?unt of the _service a nd policing charge shall be deterrmned accordm g to the following schedule. Service and Policing Charge \,\/here th e month ly payment is formonth less than $ 16.01 .................................... .. .... ::: $ 2.00 10.01 to 20.00 . .... ...... ........ ... 3.00 20.01 to 30.00... ........................... 5.00 30.01 to 40.00 ............ ................... 7.00 40.01 to 50.00 .. ............................. 9.00 SO.OJ to 60.00................................ 11.00 60.01 to 70.00.. ......... .. .... .... ........... 13.00 70.01 to 80.00 ................ ,...... ........ 15.00 80.01 to 90.00 ................ 17.00 90.01 to 100.00 ............................. 19.00 I 00.01 to I 50.00 ............................... 25.00 150.01 to 200.00 .............................. 45.00 200.QI to 300.00 ........................ ...... 50.00 300.01 to 400.00 .................. ............ 60.00 400.01 to 500.00 .... .. .... ..................... 75.00 500.01 to 750.00 ...... ... .. .. .... ....... .... .... 1I 5.00 750.01 to 1,000.00 .... .. ......... ..... .. ........ .. 125.00 1,000.01 to I ,500.00 .............................. 150.00 1,500.01 to 2,000.00 ...... ............. .. ... .... 175.00 2.000.01 to 3.000.00 ................. .. .. .. .... .. ... 200.00 3,000.01 to fooo.oo ............. .. .... .... ..... .. 22s.oo 4,000.01 to .5,000.00 ...... ............... .. ......... 250.00 Over 5,000.01 ...... .. ..... ............ .. .... ....... ...... .......... 275.00 r Provided, however, in that the expense of the administration of this chapter and of making the collectio ns herein fixed. is greater as to non-resident employers engaged in extra-hazardous occupations, than such expense obtains to such employers bona fide dom iciled within the State of vVyoming, the service and policing charge, upon the monthly· premium paid by non-resident employers engaged in extrahazardous occupations, sh<!_ll be double the foregoing schedule, as the same applies to resident employers engaged in extra hazardous occupations. "Non-resident" employers of extra-hazardous occupations shall give bond or other security in the sum of five hundred dollars ($500.00), to be fil)provecl by the State Treasurer or his deputies, before starting the work. The contract of said bond or other security shall be conditioned that the said employer will faithfully perform all the duties imposed by this Act uoon employers engaged in extra-hazarclq_us occupations and promptly pay into the state treasury, at the time and in the manner set forth in Section 124-117 of the Revised Statutes of Wyoming, 1931 , and all Acts amcndatory or in aid th~eof, the sums of money required to be paid by employers in extra-hazardous occupations. And to this encl, "non-resident" em- �18 WORK MEN'S CO M P E NS ATIO N ACT ployers en gaged in extra h~zar_do us occupations arc hereby requi ~ cl, befo re startm g work , and from time to t im e after such work has Q_ee n started, to report to th e S tate Trea surer th e nature a nd progress of such work, the locati on of th e same a nd th e number of employes engaged in a nd upo n ~h e work and likely to be so engaged fo r th e nex t t hirty (30) cla ys giving such furth er and detail ed info r ma tion as the State Treasurer may reasonab l , deman d. T he willful failure or neg ligence on th e par_!: of an y "_n on-reside_nt" cm-' ployer of extra- haza rd ous occ up a ti ons to give said sec urity; to make th e repo rt , and / or to furnish the informa tio n r equ ired by this ect ion, hall be a misdemea1"i"or, and up on co nviction . uch emp loye r shall be pun ished by a fine of not le s than fi ve hundred dolla rs ('500.00) or mo re than five tho u a nd dollars ($5 ,000.00) , recove ra ble wi h cos t in a ny court of competent jurisdi cti on. Provided, however, that "nonresident" employe rs of e..xtra-hazardous occ upations shall not be req ui red to give bond o r o th er ,security for any pay men t or payment requ ire d of them for th e "service and policing charge" req uired by this Sec tio n. And the r eq uiremen ts of th is ecti on that "non-residen t" employe r of extra- hazard ous occupations shall g ive bond or other ecurity, shall not appl y to "service a nd policing cha rges" herein prov ided. The term "non-resid ent" emp loyers of cxtra-h~zardous occ upations, in this conne ctio n, hall be construed as an employe r of labor engaged in extra-ha zardous occupations, who for th e previous twel ve months has 11ot bee n a continu ous co n.t ributor to th e compensation fund as in this Cha pter nrov id ed. an d wh o has not bee n bona fide domiciled in, or a resident of the State of W yomin g continu ously fo r the preceding twelve months next prior to enp-_aging in th e business of an "employer of labor in extra-ha zardous occupation ." \Vh en an y such employe r , shall co ntribute to said fund as required b:v t):iis Chapter, for tw elve consecutive months immediately prior to the commencement within this State of the occupation, the requirement to •pay double the service and police charge shall cease. For the purpose of encouraging- ·care on the part of the employers and thus decreasing accidents to emplo:ves, 11nd to the end that each employer shall com· Pensate all injuries to the workmen of such employer and not those of other employers, the State Treasurer shall keen a separate account for each emplover so contributing- to said fund anrl shall charge ag-ainst the :tccount o_f each employer all warrants paid from the mdustrial accident fund : (a) As awards for injuries to employes of such employer; (b) In payment of medical and surgical supplies and medical or hospital attendance of an employe 0.f such employer; (c) In payment for investigations of accidents _of ~uc_h empl'?yer, or in payment in investigations of m· Junes to his eip.ployes; (d) In payment of witness fees and other costs as herein provided in cases wherein an order of award is �WO RK MEN'S COMPEN SAT ION ACT 19 gran ted to th e em ploye of such employer. ( L . '27, c. Ill § 2; L. '25, c. 124, § 3; L . '23, C. 60, §7; C. S. '20, § 4331; s. L. 33, c. 129, § 3; s. L. '35, c. 100. Cited In re \.V inborn e, 34 Wyo. 349, 24 4 P. 135, annotated unde r § 12 4-114 . 124-118. Filing of ·payrolls with state treasurer. It shall be the d ut y of eac h employe r to forwar d to th e sta te trea ure r, on a blan k form provided by said state tr esa ur r, a tru e copy o f his pay ro ll of pe rsons in his employ engaged in ~" tra -ha zard ous emp loyment during tb s curr£_nt ca lend a r m onth, sworn to either by hi mself or the pe r on havi ng kn owledg e of said payroll s. Each em ployer, unles othe rwise supplied wi th the last above bla r:i k fo rm s, shall seasonab ly apply to sa id s ta te tre as urer fo r th e sa me ; an d a ny emp loyer wh o sha ll fail, neglec t or r efu se to furn ish such t r ue cop y of his payroll o f per sons in hi employ, or shall refu se to make the m onthly premium paym e!f tS as provided by th e te rms of this chapter when they becom e due, and against wh om a n award is made to any injured workman in h is employ, shall be personally liabl e to th e ta te of \ Vyom ing, for the use a nd b'e nefit of the in du s tri a l acciden t ft nd, to be recov red by suit broug h t by the sta te on th e relation of the state treas urer, in a um eq ual to uch a wa rd or aw ard s as are enter ed for payme n t fr om th e workm en's compe nsati on fund of the sta te of \ i\Tyom ing. T he entry of fina l ord er by the judge of a district co urt havin g juri sdiction of such cause approv in g and a llow ing an award of com pensa tion shall be pri ma fa cie proof of the !iability of an employer so fai li ng to comp ly with th is provision of this g 1apter ; provided, that nonresiden t emp loyers, up on en gagin g in a ny ex trahazard ous occupati on as defin £.d in this chapte r, and havin g in their employ ,Yo rkmen perfo rm in g such ex tra-haza rd ous wo rk, shall be deem ed fr om the date of th e com m enceme nt of such wo rk, to have desig nated the secreta ry of state of th e state of vVyomin g their age nt for service of a ny process upon th em in an v ac tion prosec ute d herei nunder ; and furth er, provid ed . that th e secretary of state, upon th e r eceipt of any process sha ll send th e same b y registered mail to the address of the addressee only, and shall r equest that a r eturn receipt for sam e be furni shed. The provisions o f this section shall not m odify a ny other p rovision s of this chapter, but shall be deemed to be in addition thereto. It shall further be th e dut y of each employer heretofore mentioned to notify the state treasurer in the event that he has ceased to employ workmen in occupation s of an extra-hazardous nature as defined hy this chapter. Any failure of any such employer to file with said state treasurer a copy of his payroll as herein provided, shall be a misdemeanor, and a.n y wilfully false statement in any affidavit m~de as herein provided shall Jikeivise constitute a misdemeanor, and any misdemeanor committed in violation of this section shall be punishable by a fine of not more than five hundred dollars $500.00. [L. '29, c. 119, § 1, amending L. '27, c. 111, § 3; L. '23, c. 60, § 8; C. S. '20, § 4332. �20 WO RK MEN ' S COMPENSATION ACT l24-119, Inspectors--Failure to pay assessmentPenalty. T he state tr easur er is a ~thorized and empowered, fo r th e pur po~e o f en.for c111 g th e prov isions of this chap ter, to app omt tw o ll! spec tors, th e salaries and act ual a nd nece.ssa ry trave lmg . expen~es of such inspecto rs to be paid out o f t he 111dustn al accident fun d. In case an y emp loyer engaged in any extrahazardous busin ess or ind ustry, as d efin ed by this chapte r, sha ll fa il or rcfu e to pa y ~h e asse~s ment upon his curre nt mont hly pa yroll , as 1s required b.v this chap ter, he shall be g ui lty o f a m isdem ~-i nor an d shall be pun ished b)~ a fine <;> f not .n :o re tha n five hundred dollars ($500.00), a nd 111 add 1t1on to the said fin e it shall be the dut y of th e a tt orn ey ge neral of this state to immediately bri ng suit in t_l:ie nam e of the state for th e benefit of the industr i~l accid ent fu nd aga in st such empl oye r, for th e collection o f such assessme nt a nd if a judgmen t for the recove ry of said as essment be g iven in favor of th e tate for the use a nd benefi t of the in dust rial acc id en t fund, aid judg men t shall be fo r doubl e th e amo unt of the payroll as ess me nt provid ed in § 124- 117, toge th er with co t . [L. '27. c. 111. § 4, a mend ing L. '23, c. 60, § 9. C. S. '20, § 4333. 124-120. Compensation sched ule. E ach employe, who shall be injured in any of the ex tra- hazardous employ ments as herein defined, or the depe nd ent fami ly of any s11ch in jure dworkm en, who may die as the res ult of such injuries, except in case of injuries clue solely to the cul pab le negl igence of s uc h inju red cmploye, hall r eceive out of the indust r ia l acc i9ent fu nd, compe nsation in accord a nce w ith the fo llowin g sched11 lc, a nd such ri g h t an d payme nt shall be in lieu of and ta ke the pl ace of any and a ll rig hts of ac tion agai nst any employer co ntrib u ting, as required by this chap ter, to th e indu str ial a cicdent fu nd in fav or of anv perso n or perso ns by reaso n o f a ny s uch injuries ~r d eath. (a) "Perm a nent par tial disabi li ty" mea ns th e loss o f either one foo t, one leg, o ne hand, one arm, one eye. or th e sight of one eye, o ne or mor e fin gers, one or more toes, and di sloca tion \\" here th e ligaments are seve red, or an y oth er injury kn ~~vn to surge-ry to be perm anent partial disa bil ity. F o r an y perm anent partial di sability h ereinafter s pecificall y desc rib ed. resulting from an injury, the wo rkman shall receive a lump sum as foll ows: For the loss of a thumb ..... .......... ........ ..... .... $ 337.50 For the loss of a fir st fin ge r .... 300.00 For the loss of a second fin ger .. 225.00 For the loss of a third finger .. .. 225.00 For the loss of a fourth fin ger ...... ...... ........ .. 225.00 For the loss of a palm (metacarpal bone) .. 900.00 For the loss of a, hand .. ... ... ... ..... .. .. ........ .... ...... 1500.00 For the loss of an arm at or below elbow .. 1800.00 For the loss of an arm above elbo~ .. ...... ... ... 200.00 For anky-losis (total stiffness of) or contractures (due to scars or injuries) which make the finger or fing~rs useless, the same amounts apply to such finger or fmgers (not thumb) as given above. �WORKME 1'S COMPENSAT ION ACT 21 T he loss of a third or distal phalange of the thumb sha l be considered to be equa l to the loss of one-half of such thumb ; the loss o f the more than o ne- half of such thumb shall be co nsid ered to be equal to the loss of th e whole thumb. T he loss of a third or di stal phal ange of any fin ger shall be co nsid ered to be equal to the loss of twothird s of such fin ge r. Th e loss of more than the middle and di stal phalanges o f a ny finger sha ll be co nsider ed to be equal to the loss o f the w hole fin ge r ; prov ided, however, th at in n o case sha ll th e amo unt rece ived for more than one fin ge r xcccd th e amou nt ni this schedu le for the loss o f a hand . F or th e lo s of a g rea t toe .. ........... ... ............... $200.00 Fo r the lo s of one of th e to e o ther th an g reat toe ......................................... .... ... ... 150.00 T he loss o f mo re tha n t\\"o -third o f an y toe sha ll be cons idered equa l to the lo s of th e who le toe. T he loss of less than tw o- thi rd of anv toe shall be co nsid ered equa l to th e lo f one-ha!( of th e toe. Fo r th e loss of a foot ............................. ......... $1200.00 Fo r the los o f a leg below t!.e knee .......... 1500.00 For the loss of a leg- ab ove th e kn ee .... ...... 1800.00 For th e los of an eye or the sight th ereof 1800.00 In any case wh ere any employe suffers an accide nt und er the terms of thi Act, and \\"h o lose any pa rt of the body which can be replaced by artifi cial mean s, such emp loye, in addit ion to th e benefits of thi s Act, shall be entitl ed_ to a n ~t ificial r eplacement thereof in an amount not to exceed one hundred and fifty ($ 150.00) dollars. For an y other injury known to surge ry to be per• manent partial ~li sability, the workman shall receive a sum in the amount proportional to th e extent of such permanent partial di sability based as near as may be u_pon the foregoing schedule, but in every case of per man en t partial disability the amount allowed for the injury shal) be paid in monthly in stallments at the rate of fifty dollars ($50.00) per month if the workman be unmarried at the time of the injury, and at the rate of sixty dollars ($60.00) per month if the workman has a wife at the time of the injury ; provided, however, that the court making such award shall retain jurisdiction of the same until said award s hall have been fully paid, with power to modify or change the amount of the award to conform to any change .in the condition of the injured worlanan and shall have power at any time during said period, upon application and hearing, with notice to the employer. and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the injured workman as a lump sum. (b) "Perma11ent total disability" means the loss of both legs or both arms, total loss of eyesight, paralysis or other conditions permanently incapacitating the workman from performing any work at any gainful �22 WORKMEN'S COMPENSATION ACT occupation. \iVh ~re !~ere has been a previous permanent pa rti al d1sab1hty, as th e loss of one eye, or th e sig ht thereof, one ~<;1-11d, _one_ !oot, or any other previous permanent partial d1sab1h~y, the award for a subsequent injury shall be determined b?' deducting therefrom the am ount ?f tl!e ~,~•a rd paid for such previous permanent partial d1sab1hty._ ~Vhen permanent total disability r es ul ts from the lllJury the workman shall· receive the sum of four tl1ousand dollars ($4,000.00), but in eve ry su~h ~a c the am~unt allowed 'for th e injury hall be paid m monthly 111 stall111ents at th e rate of fift y dollar ($50.00) pe r month if the workman be unmarried at the time o f the injury, and at th e rate of ixty dollar ( 60.00) per month if the workman ha a wi fe at th e ti me of the injury; provided however, that th e court mak ing such award shall 'retain juri diction of the ame until said award shall have been full y pai d, with powe r to modify or change the am ount of the award to conform to any change in the cond ition of th e injured workman, and shall have power at any time during said period , upon application and hea ri ng, with not ice to the employer and a showing of the necessity therefo r, to order all o; any pa rt of the un paid balance of th e a ward to be paid to the injured workman as a !um[) um ; provided that if th e workman shall die leaving a n unpaid balance of th e a wa rd, th en uch unpa id bala nce shall be returned to th e indu stria l accident fund and be credited to the employer' balance. If the workma n suffering such permanent to ta l disability ha ve a boy or boys under eighteen ( 18) year s of age, or g irl or gi rls under eighten (18) years of age, th e gua rdian of uch child or children app ointed as hereinafter provided, shall receive for the use and benefit of ~aid ch ild or children, a lum p sum of one hundr ed and tw enty dollars ($ 120.00) per year for each boy under eighteen (18) yea rs until the lime when each of said bovs shall become eighteen (18) yea rs of age , and a lump sum of one hundred and tw~Hy do llars ($120.00) per year for each girl under eighteen (18) yea rs of age until the tim e when each of said g irls shall become eighteen (18) yea rs of age; provided, that th e aggr egate lump sum paid to S!!,id guardian shall in no case exceed four thousand dollars ($4.000.00) , and a1iy and all awards made on acount of any such child or children, shall be disbursed und er a proper guarfidian ship to be created by the court or judg e making such award. (~) "Temporary total disability" means an injury wluch, though it may result of does result in a permanent total or partial disability temporarily incapacitatcs the. injured person from performing any w~rk ?-I .any gamful occupation for the time, but from which •~Jury such person_ may recover by medical or surgical treatment and be able to resume work. In such ~a~e, if the workman be unmarried at the time of the mJury, he shall receive the sum of fifty dollars ($50.00) P_er month, so long as the- total disabil ity shall contmue. If he have a wife at the time of the injury, he shall receive sixty dollars ($60.00) per month, and if he have _a boy '?r boys under eighteen (18) years of age or girl or girls under eighteen (18) years of age, or both. he shall receive for each, seven and one-half dollars ($7.50) per month, but the total monthly pay- . ')1 �WORKMEN 'S COM~ENSATION ACT 23 ments shall not exceed ninety dqllars ($90.00) per month. No compensation, except the expense of medical attention, shall be allowed for the first seven (7) clays of disability, unless the incapacity extends beyoncl th e period of tw en ty-one (2 1) days, in which case the compensation shall run from the time of the injury. As soo n as recovery is so complete that the ea rnin g power of th e workman at a ny kind of work is re tor.£_cl, th e pay men ts shall cease, but in no case where compensation is awa rdecl for perm anent partia l di sa bility or perman ent total di sability, shall there be dedu cted therefrom afl_v amo unt awa rded and paid, on ac ount of temp orary total disabi lity. \~' hen th e workman has non-r esident a lien children, he shall receive only one-t hir d of the sum above fix ed for boy s und er eig ht een (18) yea rs of ag e and g irl s und er eig htee n (18) yea rs of age. 17 (d) In all C,! es of temp orary tota l disa bility, perman ent partia l disa bility a!! d permanen t to ta l disab ility, t he expense of m edical atten tion a nd of ca re in hos pital of t he injured wor kman shall be paid fro m date of said inj ury. th e ex pe nse of med ical t rea tment not to exceed gn e hund red and fifty do llars C l S0.00) in any ca se a nd the expense of care in hospital no t to exceed on e hu ndred and fifty dollars (,' 150.00) in any case, un less· unde r gene ral arrangement the workman is entitl ed to medica l a ttention and care in hosp ita l, or th e empl oyer furn ish es a dequ a te and prope r med ica l atte ntio n and hospi tal fa cilities to his employe ; provid ed, however, that no bill or fee for m edical atte ntion or care in hospita l shall be allowed or paid with ou t n otice to th e employer and a hea rin g if r equested by said emp loyer. The sta te trea urer shall have t he powe r to estab lish a schedule fixing the fees fo r which a ll m edical, su rg ical, hospital or other legalized forms of treatm ent rend ered to employes under this section shall be compe nsated. Each physician or surgeon attending a workman injured whil e engaged in e~tra-hazardous occupations shgll file with the clerk of the court of th e county within which s uch injury occurred and with th e s tat e treasur er, und er rul es to be prescribed by th e state treasurer, a ful and complete report fully de scribing the nature of the injuries to such workman ; provided , that such r eport shall not be required unless · the di sab ility resulting from such injury lasts through the clay or the injury requires medical services other than the ordinary first aid treatment. Any physician or surgeon failing to file any report as herein provided shall be punished by a fine of not more !ban fifty dollars ($50.00) . \Vhere death results from an injury, the expense of burial shall be paid not to exceed two hundred fifty dollars ($250.00) in any case, unless other arrangements exist between employer and em-I ploye under agreement; (I) But if the workman leaves a widow or invalid widower, to whom he or she has been regularly married by a marriage duly solemnized by a legal ceremony, such surviving spouse shall receive the sum of two thousand dollars ($2,000.00), but in every such case the said award shall be paid in monthly installments at the rate of forty-five dollars ($45.00) per �a 24 WORKMEN 'S COMPENSATION ACT • month ; provided, however,_ th_a t the cq urt_ makin g such a~v¥cl 111 ay upon app ltcat1on_ and heanng, with not ice to the employer and a s how mg of the necessity th erefor 1 order all or any pa rt of th e unpaid balance of the a wa rcl to be paid !0 the surviving spo use as a lump sum. If the urvivin g spouse ~ha ll r e-marry befo re all of said aw ard ha been paid, then he or she shall onl y be entit led to receive the sum of two hundred and eventy do ll ars ($270.00) out of th e unpa id balance of said awa rd , a nd furth er payment shall cca e and any ba la nce o f the aw ard s hall rev ert to the depe~d ent childr en, if a ny ther e be ; and if there be 11 0 depende nt children the u npa id ba lan ce o f such award hall r<.:turn to the g en era l fun d a nd the sa me shall be cred ited to the empl oye r' ba la nce; if th e survivin g spou e hall die befor e a ll o f a id a ward has been pai d, then the un paid ba lance ha ll revert to th e depen dent chil dren, if any; if no depe nd ent child ren , th en uch balance ha ll rever t to the g en eral fund and be credited to the e111 ployer's balance · provid ed, in any case, w here the urviving spouse sh all re-mar ry or die befo re all of the awa rd has bee n paid, the remainin g bala nce sha ll be paid- to the urv ivin g depend ent children in the fo llowing manner: In as cer ta inin g the amount to be paid to each surviYing child in th e case o f male ch ild ren, th e age of such ma le chi ld sha ll be fi gured from th e time of the deat h or r e-marr iage of su_c h surviving pou e until such ma le child attain s th e age of eig hteen (18) y ars, a nd in th e case of fe111al; children, the time sha ll be fi g ur ed from th e tim e of the de.a t h or re-ma rri age _o f such urvivtng spouse unti l such fe mal e chil d a tt a in s the age of eig htee n ( 18) year s, and th e un paid balanc e of such awa rd shall be divided in each in tance by the number of months betw ee n uch periods o f tim e. 'rn case of th e death of an y o f such ur vivin g chil dre n, th e portion of such aw~d ma de payab le to such child by the terms hereof shall be di,·id ed among the survi vi ng children pro rata ; prov ided, furt her, that if all of the surviv ing children should di e befo re the unpaid balance of the award is entirely di stri bu ted, then th e remai ning undi stributed porti on o f such award shall revert to the general fund a nd be cred ited to the em ployer's balance. If said work111an leaves a surviving boy or boys under eighteen (18) yea rs of age o: girl or g irls under eighten year s of age th e 'guardian of such child or children aopoin ted as hereinafter , provided, shall receive fo-r the use and benefit of said child or children, a lump sum of one hundred and tw enty dollars ($120.00) per year for each surviving boy under eighteen (18) ::tears of age until the time when each of said surviving bo vs shall become eighteen (18) years of age, ai:i_d a iump sum of one hundred and twenty dollars ($120.00) per year for ,., cac~ survi:'ing girl under eighteen (18) years of age until the _time when each of said surviving girls shall become eighteen (18) years of age; provide<!, that the aggregate lump sum paid to said guardian shall in no case exceed three thousand, six h n d re cl dollars ($3,600.00) . In all cases where an order of compensation is made on account of boys under eighteen (18) years of age, or girls under eighteen (18) years of age. or both, gr to persons incompetent, said fund shall u $11 �\~ ORKMEN'S COMPENSATION ACT 25 be di sbursed under a proper guardianship to be created by the court or judge making such an order. (2) If the injured workman die during the period o f temp o~ary total disability and after receiving compensati on therefor, as h erein provided, and his death be shown to have resulted from such injuries, the ·widow and the guardian of the workman's l;>oys under eig hteen ( 18) y ears of age and girls under eighteen ( 18) yea rs of age shall be entitled to an award ·because of th e death of th e w orkm a n, a s ·herein provided, but the total a mount of pay ments in excess of two thousand , fo ur hundred dollars ($2,400.00) received by the injured w ork ma n durin g such di sabj_lity and prior to his dea th sha ll be proport iona tely dedu cted fr om th e amo unts herein provi ded to be paid to th e sur viving wi dow and the g uard ian of th e workm a n's boys un de r eig ht een (] 8) yea rs of age an d g irl und er eig hteen (] 8) years of age. (3) If any workman die wi thin one yea r fr om th e da te of recei~ ing an awa rd fo r pe r mane nt pa r tial di sability and his deat h be shown to have res ulted fr om th e injuries for- ,~hich t he award was gr ;:\n ted, t he wid ow a nd th e guardian of th e work ma n's boys und er eig htee n ( 18) yea rs of ag:c, a nd g irls u_nde r eighte en (18 ) yea rs of age shall be enti tled to an award beca use of th e g_cat h of the wo rk man, as herein p rovid ed, but th e am ount s of the payments received by th e injured workman prior to hi dea th shall be proportionatel y dedu cted fr om th e amo unts h erein provid ed to he paid to th e survivin g wid ow and th e guardian o f th e workman's boys und er eig ht een (18) yea rs of ag e and girl s und er eig hteen ( 18) years of ag e. (4) If an y workman die within tw o years from the date of receiving- an award for permanent total disability and his death be shown to have- r esulted from his injuries, the widow of said workman shall he entitled to an award because of the death of the workman . a s herein provided, but th e amount of the payments received by the injured workman in excess of two thousand dollars ($2,000.00) prior to his death shall be deducted from the amount of her award. (5) If the workman leaves no widow, or ·widower, or boy under the age of eighteen (18) years, or girl under the age of eighteen (18) years, but leaves a parent or parents surviving, such surviving parent or parents, if living in the United States, shatl receive a lump sum of fifteen hundred dollars ($1,S00,00); provided, a parent or parents, who arc dependents and who are non-resident aliens, shall receive a lump sum of one-thi•r d of fifteen hundred dollars ($1,500.00). • [L. '31. c. 94, § 4, amending L. '29, c. 48, § 1; L. '29, e. 64, § 1; L. '27, c. 111, § S; L. '2S, c. 124, § 4; L. '23, c. 60, §§ 10, 11; L. '21, c. 138, §§ S, 6, 7; C. S. '20, § 4334; S. L. '33, c. 129, § 4; L. '3S, C. 100. s. l.'nder sub-division b hereof, policy to allow more for children of a disabled than for those of a deceased workman held, a question for the legislature. In re Brennan, 29 Wyo. 116, 210 P . 939. Award for "permanent total djsability" made only in clear case, Standard Oil Co. of Indiana v. Sullivan, 33 Wyo. 223, 237 P. 253. �26 WORKME 11 S COMPENS AT ION ACT Evidence showing cmployc's loss of ~ng~~s on both hands, held, to justify award for permanent total d1sab1hty. Sakamoto v. Kem .. mcrer ' Coal Co., 36 W yo. 325, 25 5 P. 356. Sum paid for tc!11p~r;1ry total disability should be clcductcd from tota l permanent cl1sab1 lit y award. Id. E mployc held, cnt~tlcd to payn~cnt o i. c?mpensation in manner provided by sta tu te 111 effect at tune of mJ ury. I n re l:Iiblcr, 37 \\'yo. 332, 26 1 P. 648. Generally speak ing the Jcgislature <lid n<?t. inte nd do_u blc com.. pcn sation 10 injured cmploycs, under prov 1s1ons of this section. ~l arsh v. Aljoc, 41 W yo. 220, 284 P. 260; nano tatccl also unde r ~ 124-137. Sub. A. Standard Oil Co. (Ind.) v . Ervin, 44 W yo. 88. ){cConncll v. Murphy Ilros., ct al. , 45 W yo. 289 (a-c) . Shau l ,.. . F. • I. Co., 46 Wyo. 54 9. 124-121. Additional comp ensation for disfigurement. In all cases of tempo rary total disability or pe rmanent pa rtial disability where the workman shall suffe r permanent disfig ur ement to th e face or head of a nature so g rea t as to affect the workm an's earn ing ca pacity in securing employment, t he worh"lllan s hajl receive, in proporti on to the extent of s uch disfig urement, a lu mp sum in additio n, not to exceed five hu ndred dollars ($500.00). The court shall take into co nsideration in mak ing tl:!_C award any fo rm er di figur eme nt to the face or head of suc h wo rkman . [L . '29, c. 64, § 2. \\ r 124-122. Compensation for h ernia. A workman in order to be entitled to compen satio n fo r hernia must clearly -prove: 1. That the hernia is of rece nt orig in; 2. T hat its appea rance was accompanied by pain; 3. That it was im media tely preceded by some accidental strain suffer ed in th e co urse of the employment; 4. That it did not exist prior to the date of the alleged injury. If a workman, after es ta blishing his right to compensation for hernia, as above provided, elects not to be operated up on, and the hernia becomes strangulated in the futur e, the results from such strangulation will not be compensated." [L. '29, c. 110, § 1; S. L, '35, C. 4, § l. _124-123. Forfeiture by injured employe--Payments withheld. If any injured employe shall persist in unsanitary or injurious practice which tends to imperil or retard his recovery or if he shall refuse to submit to such medical or sur~ical treatment as is reasonably e~scntial to promote his recovery, h~ shall forfeit all . ng~t _to compensation under this •chapter; and where an mJured employe is under care and treatment of a ph_ysician, he ~hall not be permitted to personally ~eceive or use any compensation payments allowed !um uncle: . this chapter, except upon the order of such Ph3;s 1c1an, but such payments shall be withheld and deJ.!v_ered to such injured workman upon his recovery or discharge by such physician [L ' 15 c. 124 § 20; C. S. '20, § 4335. • • ' ' i\fo<!ification of instruction as to effect of injujrious practices H!bldmg recovery of injured employe, held, not improper. In re 1 er, 37 Wyo, 322, 261 P. 648. ~ R l ' �WORK MEN 'S CO?vIP EN SATION ACT 27 E mplo)'.cr had bu~dcn of proof that employc persisted in i • •. ous practtccs rctardmg recovery. Id. nJun To "persist" in injuriou s practices retarding injured crnpl o , rccO\·cry means to continue aga inst opposit ion o r rcmonst ye .5 Id. ranee. 124-124. E":emption from execution or attachment. No 1;1oney _pa id o~ payabl e und er this chapter out of th e mdus tr!?l acc ide nt fun d shall , prior to issuance and deliv~ry of t he wa rrant th erefo r, be -capable of being ass igned,. cha rged nor even be taken· in executio n or by $'ar 111shme_!) t. Any such assig nm ent, a ttachmen t, garn1 hmen t or charge sha ll be voi d. [L . '31 , c. 73, § 61, am end ing- L. '15, c. 124, § 21; C. S. '20, § 4336; s. L. '33, e. § 5; . L . '35, c. 100. Cit ed in La Chappelle v. Union Pacific Coal Co., 29 W yo. 449, 2 14 P . 5Si. 124-125. Mino: workman. A mi nor working a t a n age legally permitted under the laws of this state shall be deem ed sui juris fo r th e purp ose of th is chap ter a nd no oth er person shall have an): ~ause of ac tion or right to co m pen sation fo r inju ry to such J11inor workman, excep t as express ly provided in thi s chap ter ; but in the event of a lump sum payment becoming due under this chapter lo uch minor workman, the man agement of sa me ~hall be within the probate jurisdiction of the courts th e same as any other properti es of minors. [L. '15, C. 124, § 22 ; C. s. '20, § 4337. 124-126. Extra-hazardous public work-Contract work. W heneve r th e s tate, county or any municipal corpora tion shall engage in any extra-hazardous work in which work men ar e employed for wages, this chapter shall be a pplicable thereto. The employer's payments into the industrial accident fund shall be made from the treasury of th e state, county or municipality. If said work is being done by contr!!.ct 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 performance the required payment into the a£_cident fund shall be subject to the provisions of this chapter and the state for its general fund , the county or municipal corporation shall be entitled to collect from the contractor the full amount payable to the industrial accident fund and the contractor, in turn, shall be entitled to collect from the sub-contractor his proportionate amount of payment; the provisions of this section shall apply to all extra-hazardous work done by contr_act, except that in private· work the contractor shall be responsible, primarily and directly, to the industrial accident fund for the proper percentage of the total payroll of the work and for the amounts due it, and the owner of the property affected by the contract shall be surety for such payments. vVhenever, and so !ong as under the state law, city charter or municipal or?inanc_e, provision is made for municipal employes inJured m the course of employment, such employe shall not be entitled to the benefits of this chapter and shall not be included in the payroll of the municipality under this chapter. (L. '15, c. 124, § 23; C. S. '20, § 4338. �28 WORKMEN 'S COMPENSATION ACT 124-127. ·Safety devices. Not hing in this chapter • con tain ed sha ll repeal a ny existi ng law providing for th e in stallat ion o r maintenance of any device, means or method for the preve ntion of accidents in extraha zardou s work or for a penalty or punishment for fai lure to in stall or maintai n any such protective device, m eans or method. [L. '15, c. 124, § 24; C. S. '20, § 4339. 124-128.. Unlawful to receive more than 5% of compensation for services rendered. It shall b.e unla wful for any perso n or any number of persons acting toget her or separately or in any way, in cludi ng attorneys, agents, interpreters, a nd all other per sons, to receive or agree to rece ive eithe r directly or indirectly any beneficiary o r beneficiaries unde r this chapter, fo r se rvices rend ered or to be render ed, either jointl y or separately, in r elation to proc uring any benefit or benefits under thi s cha pte r, any sum or sums aggregatin g more th an fiv e per centmn of the who le amount received or to be rece ived by suc h beneficiary or ben eficiari e , on acco unt of injuries to any employe, and in no even t to exceed fiif ty dollars ($50.00). Every person violating or co ncerned in th e violation of the provision of this sec ti on shall be g ui lty of a misdemeanor, and up on conviction thereof shall be fined not less than fift y dollars ($50.00) nor more than five hundred doll ars ($500.00), to whic h may be added im pri onm ent in the county jail fo r a term not exceeding nin ety cla ys. It hall be the duty of the county ;i'nd prosecutin g attorn ey of the county in which any injury occu rs to give all necessary legal adv ice to any Lniu red wo rkman, or his dependents, who may seek advice in making and filing claims for compensation, and to prepa re all statemen ts of claim or othe r pape rs necessa ry or advisab le to be fil ed by suc h workman or dependents, fr ee of all charges a nd cost s. [L. '21, c. 138. § 8, amendi ng C. S. '20, § 4340. from Ci terl in Zancanelli v. Central Coal & Coke Co. , 25 '\Nye. 51 1, 173 P. 981. annotated under~ 124- 11 3. CitNI as to attorney's fees in In re Hibler, 37 \ Vyo. 332, 261 P. 648. 124-129. Physicians required to testify. Any physician having attended a n employe in a professional capacity may be required to t es tify before any court or judge when so directed, in cases com ing within the provisions of this chapter, and the law of privileged communication between physician and patient. as fixed by statute shall not apply in such cases. [L. '15, c. 124, § 26; C. S. '20, § 4341. Standard Oil Co. (Ind.) v. Ervin, 44 Wyo. 88, Osteopaths. 124-130. False statement by employe. Any employe or workman who shall make or cause to be made on his behalf any misrepresentation or false statement for the purpose of receiving compensation under this chapter to which he is not lawfully entitled shall be guilty of a misdemeanor, and shall on conviction, be fined not more than three hundred dollars ($300.00), or imprisoned · for not more than ninety (90) days. [L. '15, C. 124, § 27; C. s. '20, § 4342. /, �WORKMEN'S COMPENSATION ACT 29 124-131. Annual report by state treasurer. It shall L> e the dut)'. of ~he state_tr eas urer to secure and cimpile . stat:st1cal 111 fo rm a t1on concerning accidents occurrmg m the ex tra- haza rd ous employments defined L>y t~ii.s chapter,_ ho.wing the numb er of accidents or fatalitie s o~cu_rnng 111 each of said employme nts, the amount paid 111 each employe r coming within the prov1s1011 of _th'.s chapter ; the amo unt paid out on ~cco un t of 1nJuncs, or d eath re sultin g f!:_om injuries 111 such emp loyme nts; an.9 any other information r elating t o the opc rat!o n or adm inistration of this chapter that may be of 11_1 terest; and t o make a full report thereof, togeth er with such recommendations as he may deem proper fo r changes or amendments herein and to publi h a fu ll repo rt thereof, to the governor: 011 or bcfo r th e 31st clay of December in eac h yea r. [ L. '15, C. 124, § 28; L. ' 17, C. 69, § 7; C. S. '20, § 4343. ?Y 124-132. E xamination by state treasurer. The state trca urer may, at a ny time on twenty-fou r hour ' notice (unle such notice is wa vi ed by the employer) either in per on or through an y author ized inspector agent o r deputy, e,·amine the book , accounts or pay~ roll s of an y employer at an y time for the pu r pose of securing an y information des ir cl in the aclmini trati on o f this chap ter. [L. '27, c. 111 , S 6. amend ing C. S. '20, § 4344. 124-133. Disabled workman examined by employer's physician-Recovery reported to court. Any workman awarded compen ation for tempo rary total disability under thi chapter, as defined by clause (c) of § 124120 hall . if thereafte r req uested l>y his emp loyer submit him elf for medical exam ination by a physicia n licensed to practice med icine in this state, at a place designated by the employer a nd which sha ll be reaso n• ably co nve nient for the workman , an d said workman may have a licensed p hys ician prescn ~ of his own selection. The pu rpose of such examination sha ll be to determine whethe r the workman has recovered so that his earnin g power at any kind of work is restored. If it be agreed th at th e workman has recovered so that his earnin-;;: power at a ny kind of work is restored, th e fact shall be repor ted by the employer and said r,hysician to the jud ge of the di strict court, who made the award in the fi r st instance, or if there be a di spute as to the rccoverv of the workman and his restoration to earn ing p~wer, it shall be likewise reported to ·said judge, by filing a statement in either case in the office of the clerk of the district court of the county where the award was made, and the matter shall be disposed of in such manner as said judge may deem proper under the facts . If said judge finds that said workman has recovered and has been restored to his earning power and that compensation should be discontinued his decision and judgment in the premises shall be certified to the state auditor and stak! treasurer and shall be authority and direction to said officers to discontinue compensation payments. If the workman. in such case, refuse to suh_mit to such examination or obstructs the same, his right to m_ont!1ly payments shall be suspended until such ex:ammat1on �30 WORKME N' S COMPENSATION ACT has taken place, and no compensation shall be payable during or for account of such period of refusal. [L. '15, C. 124, § 30; C. s. '20, § 4345. Standard Oil Co. (Ind.) v. Ervin, 44 'Wyo. 88, Osteopaths. Shaul v. C. F. & I. Co., 46 Wyo. 549. 124-134. Employes' statements of dependent persons. All employes or workm en coming within the provi sions of this chapte r shall be r equired, upon entering se rvice in any of th e extra-ha zardous employm<;!ltS herein defined, to make a nd sign a written statement setting forth the names of th e persons dependent upo n th em for suppo rt or constituting members of their depend ent fam ilies, in each case giving th e names a nd ages of th eir boys under th e age of sixteen (16) yea rs and girl s und er the age of eighteen ( 18) yea rs. [L. '23, c. 60, § 12, amen din g C. S. '20, § 4346. 124-135. Assignment of rights and benefits. •All payments made into th e industrial ac cident fund by an y and every emp loyer under th e provisions of thi s chapter shall be taken as paid and r eceived in con sideration of th e indemnity to such employer by r easo n of his contri buting to the industrial acc ident fund, and in consideration of the pa ·ment made by the state to such fund; p rovided, ~hat when any emp loyer engaged in an extra-ha za rd ous occupation as defin ed in this cha pter, has heretofore sold and conveyed, or shall herea fter sell and convey hi s or it property to a purchaser who continues to conduct and ca rry on said bu in ess at the same place, th e seller shall be entitled to tran sfer and assig n to the pureha er all rights, benefits, privil eges and im mun ities, accrui ng to such employer by virtue of any, sum then on deposit to his or its credit in the ind us trial acc id ent fund in th e state treasurv und er the provision of this cha rac ter ; and upon filin g such ass ignment with th e s tate treasurer, the purchaser shall suc ceed to all said ri g hts_. benefits, privil eges and immunities of said employer. Said purchaser shall be subject to obliga tions of compensation against the seller ii:icurred and existing at the date of such assignment: provid ed, that no part of anv moneys so paid in by any employer shall e,·er be refunded to him, either during the time when .he continues in business as such employer, or after he ceases such business: provided, that every employer, operating under the provisions of this chapter shall pay into said industrial accident fund the sum of at least five thousand dollars •($5,000.00); and provided, further, if this chapter shall be hereafter repealed or held invalid, the moneys which are in the industrial fund at the time shall be distributed as mav. be provided by the legislature, and in default of such legislative provision. distribution thereof shall be in accordance with t~e i_ustice of the matter, due regard being had to ob• hg-atlons of compensation incurred and existing. [L. '31, e. 76, § I, amending C. S. '20, § 4347. 0 *12~-136-A. Closing of accounts. Any b a I an c e standmg to the credit of any employer in the industrial •This section omitted from Revised Statutes 1931. '21. c. 68. See S. L. �-- WORKME N' S COMPENSATIO N ACT 31 accidenj: fund for three _Years afte_r sa_id employer shall have ceased to _e ngage m \ i'i/yom mg m the occupation on account of whi~h hi s said ~ontributions hav e been made shall be debited from his account to the profit and loss accoun t of said fund , and said employer' s account shall be th er eupo n fin ally closed, and th ereafter th e said bal_an ce ~hall permanently remain a part of th e in dus tri al acc ident fund . 124-136. Actions against employer independent of chapter. Nothing in th is chapte r shall be constru ed to limit or affect an y r ight or act io n by an employe again st a n employe r for injuries received w hile in th e employ of such employer when uc h employe r a t th e time of such injuries is no t contributing to the industrial accid ent fund as provided in this chap ter. [L. '23, c. 60, 13. 124-137. R e-opening of cases. The state treasurer shall have the rig ht to cause any case to be re-opened in which a n ord er of awa rd has been mad e, provided he shall cause a petition for th e r e-opening of the case to be filed \v ith th e court which gra nted the award, wi th in thirty days afte r the date o n whic h th e ord er of award \Yas received in th e state treasurer's office. Such ·petiti on mus t show probabl e cause that error was made in the amount of the award , or th e character of the awa rd, or the grounds on whi ch the award was made, and may sp_£cify as a reaso n fo r re-opening th e ca e e.xist ing e,'.]clence not given in the original hea ri ng, show ing the general nat ure and effect of such evidence. OD_ the fi lin g of such a petition and on th e cour t find ing that probable cause is shown thereby, th e co ur t hall stay the award. an d up on reasonable noti ce t o all parti es reopen th e case and set th e same for hearin g de novo. T he sta te treasurer may take such part in th e n ew hea.rin g as he may deem advisable and s hall have every rig ht and privilege of a party to th e cause. He s hall have the right of appeal to th ~ supreme co urt from an y order in such new hearing, eith er g ranting an award or refu sing to grant an award. He shall also have a rig ht of appeal from an order refu sing to r e-open a case. In addition, and without the necessity of presenting any petition for the re-opening of a case to the trial court, the state treasurer shall have the rig ht to appeal to the supreme court from any order or judgment in any district court of the state awarding compensation or declining to award compensation. although he was not a party to the proceedings in such district court. Upon the perfecting of anv appeal instituter! by the state treasurer the court allowing the appeal shall issue an order staying the execution of the order or udgment appealed from without requiring an y bond . The attorney general, or his deputy or assistant, shall act as the attorney of the state treasurer in all cases. All costs of new ·hearings granted upon the _petition of the state treasurer and all costs of appeals con?Ucted by the state treasurer, shall be paid by the tndustrial accident fund, except such c_osts as the court in its discretion shall assess against any of the �32 WORKMEN 'S COMPENSATION ACT o ther parties to the cause. [L. '27, c. 111 , § 7, amending L. '25, c. 124, § 5. \Vhcrc the duty of the att orney general l <? rcp~·c~cnt c~mpcnsa• tion cla imant in s upreme court, as part of lns ofT1c1al duties,_ con. flic ts with his duties to act ..1s att orney fo r s tat e treasurer m all cases, the duty firs t mentioned mu ~t yield to right o f s tate treas• urer to such ser vices. 1\forsh v. AlJoc, 41 W yo. 119, 282 P . 1055. In act ion und er workmen'~ c<?m pcnsation l~w , in which com• pcnsation was awarded, apphca t1 on ~f s ta_tc !r.casurcr to reopen case on ground , among o th,crs,. of pnor d1salnht y, sho uld !to t be cletcrrnincd on ex partc afTHlav1 ts, when based on new cv1<lc11cc, s ince leg is lature contc1~1plat ctl that trc:isu_rc r should be gi ven ad• vantn g-c of regular tnal. f arsh v. AlJoc, 41 \\Tyo. 220, 284 P . 260. This cction aut horizing s tate treasurer to have case reopened nrns t Uc construed in lig ht of s ituati on which was sought to be remed ied hereby . Id . On s tate treasurer's ap plica tion, based on new ev idence. to reopen case, court must reopen case. if the new evidence will have a nrnt crial be.Jri ng. Id. 124-138. Bills to be itemized-Time of filing. All bill s for med ical at tend ance, expenses or disbursements, and for ho pita ! ser ice , sha ll be properl y dated, it emized a nd ver ifie d by the claimant, or the same shall be di allowed by the cour t, a nd every doctor who ball attend an injured wor~ma n shall within ten (10) days after the first of the month s ucceedin g that in which he r ende r ed services to the injured work man fife with th e clerk of the di trict co urt of the prope r county, his itemized a11d verified bill for all ervices rendered by him a nd expense incur red in behalf of th e injured wo rkm a n durin g the prev ious month, and shall send a copy ther eof to the state· treasurer; an d all claim s for medical attendance or medi cal se rvices not so filed w ithi n th e tim e specified sha ll be disall owed by th e co urt. [L. '25, c. 124, § 7. 124-139. Notification by doctor. Every doctor who accepts th e case of a n injured workm an, and every hospital which accep ts th~ case of an injured workma n, shall within ten (10) days after acceptin g such case fil e a written no ti ce thereof with the clerk of the district court, and shall se nd a copy of s11ch notice within said ten (10) days to the state tr eas urer and another copy within sai_fi period to the employer of the injured workman. Any doctor or hospital failing or refusing to file the notice within the time designated with the clerk of the court, or to send copies thereof within said period to the state treasurer and the employer of the injured workman, shall forfeit any remuneration or award from the industrial accident fund for any services, care or attention rendered to such injured workman or any facilities furnished to him. [L. '25, c. 124, § 8. 124-140. Awards. Every award within the meaning of this chapter is a judicial determination of the rights of the employer, the employe and the industrial accident fund as to all matters involved. Except as otherwise specifically provided in this chapter, the code of civil procedure shall govern in matters before the courts of this state in reference to the workmen's compensation · 1aws. No award of compensation or allowance of any expense or claim chargeable against �WORKMEN 'S COMPENSATION ACT 33 th e a~count_ of any em ploye r contributing to the industrial acciden t fund shall be made without notice to su~h emp)oye r and_ hearing, unless such employe r shall 111 wntmg- fil ed 111 the court hav ing jurisdiction conse nt thereto. Wh~re the emp_loyer cannot be personally served, _s~1bst1tuted servi ce. as provided for in th e code of c1v 1l procedure, ma y be had. [L. '25, c. 124, § 9; s. L. '33, c. 129 § 5. Att award of cmnpcnsation to an injured cmployc is a final judgment. unlc_ss expressly reserving jurisdict ion to reopen case. Jl[icl west R efining Co. v. George , 41 W yo. 55 , 28 1 P. 1005 . 124-141. Deferred payment account. \Vhenever a n ord er of award sha ll specify that the award is to be paid itt month ly paymen ts, the state treasurer shall charge the amo unt the reo f aga in st the account of th e employer of the inj ured workman and shall tran sfer th e am ount of aid award from the ge neral fund into a deferred pa •ment acco unt, w hich acco unt shall th ere after be alone liab le fo r the payment of th e a ward. Interes t earn ed by the defe rred paymen t account shall be paid in to th general fund , as well as all amounts repaid or r eturned to aid general fund under th e provisio n of this chapter, or by reaso n of mod ification of ord ers of award. v\ henever a modificat ion of an ord er of a\\"ard increases th e amo unt of th e award, the additi onal amoun t s ha ll be charged against th e employer's accoun t and transferred from the genera l fund into the defe rred payment acco-unt, ..i"nd whenever a modificat ion of an ord er of awa rd decreases the amount of the award, t he am ount of such decrease shall be tr a nsfe rred fr om the defer red payment accoun t to th e gene ral fund and credited to th e acco unt of the employe r. [ L. '27, c. 111, § 8. 124-142. Bribery. \ Vhoever co rruptl y gives, or promises to g ive pay, or irnburse, or whoever offers to give, pay or imburse any court offic er or employe, or any persoi1 employed or concerned und er the laws of this state in th e administration of this chapter, either before or afte r his election , appointment or employme nt, any money or valuable thing, or corruptly offers or promises to do .iny act beneficial to an y person to influence his action or to secure his assistance in the administration of this chapter, and whoever, being a court officer .o r employe or a person employed under the laws of this state in the !!dministration of this chapter, either before or after his e~e.ction, qualification, appoil)tment or employ11;ent, s<;>ltc1ts or receives any such money or valuable tlung to mfl1;1ence him or to secure his assistance with respect to his official duty in any matter relating to the administration of this chapter, shall be deemed guilty. of felony. and upon conviction thereof be imprisoned t11 the penttentiary not more than fourteen (14) years. [L. '25, c. 97, § 1. I. IiI I l 1• I �TABLES for computing amounts due under the prov1s1ons of the 'Workm en's Compensation Act and Peace Officers' Indem nity F und. Followi ng arc tables of mouth ly compensation for several amounts allo wed by la w, computations for which arc made for twcnty•ci ~ ht, thi rty aud thirty -one day months; Single 5 6 7 8 9 10 II 12 IJ H 15 16 I7 18 19 20 21 22 23 24 25 26 27 28 29 30 JI 28 I.79 3.57 5. 36 7.14 8.93 10.7 l 12.50 14.29 16.07 17.~ 6 19.64 2 l.4 J 23 .21 25.00 26.79 28.57 30.36 32.14 J3.9J 35.71 37 .5 0 39.29 41. 07 42.86 44.64 46.43 48.2 1 50.00 30 1.66 3.JJ 5.UO 6.67 S. .3J 10.00 11.67 I J.JJ 15.00 16.67 18.JJ 20.00 21. 67 23.33 25 .00 26.67 28.33 30.0U 3 1. 67 33.33 35 .00 36.67 3S.33 40.00 -ll. 67 -13 .3 3 45.00 -16.66 48.33 50.00 -l.8-l 6. 45 8.06 9.<>ll 11. 29 12.90 14.52 16. IJ 17.74 19.35 20.97 2:?. 58 24. 19 25 .8 1 27.42 29.03 30.65 3~.26 33.87 J5.48 37 . 10 38.71 40.32 -ll.9-l 43.55 45.16 46.77 48.39 50.00 W ido wer and one child $57.50 2S JO Jl 2.05 1. 92 1.85 4.11 J.SJ 3.7 1 6. 16 5.7 5 5. 56 4 8.21 7. 67 7.42 5 10.27 9.58 9.2 7 6 12.32 11.50 11.13 7 14.37 13.42 12.98 8 16.43 15.33 14.84 18.48 9 17. 25 16.69 10 20.5 4 19. 17 18. 55 11 22.59 21.08 20.40 12 24.64 23.00 22.26 13 26.;o 24.92 24 .11 14 28. i S 26.83 25.97 15 JO.SO 28.7 5 2i.82 16 32 .86 J U.67 29.68 17 34. 9 1 32.58 3 I.SJ 18 36.96 34.50 JJ .39 19 39.02 36.4 2 35.24 20 41.07 38.3 3 37. 10 21 43. 12 40.25 38.95 22 45 . 18 42. 17 40.81 23 47.2J 44.08 42.66 24 49.28 46.00 44.52 25 51.34 47.92 46.3 7 26 53.39 -19.83 48.22 27 55 .44 Sl.75 SO.OS 28 57.50 53.66 51.93 29 55.58 53.79 JO 55.64 57.50 31 57.50 $60.00 Ji 1.94 3.Si 5.8l 7.74 9.68 11.62 13.55 15.48 17.42 19.35 21.29 23.22 25.16 27. 10 29.03 30.97 32.90 34.84 36.77 38.71 40.64 42.58 44.51 46.45 48.38 50.32 52.26 54.19 56.13 58.06 60.00 \Vidowcr and two childre n $65.00 28 30 31 1 2.32 2.17 2.10 2 4.64 4.33 4. 19 J 6.96 6.50 6.29 4 9.29 8. 67 8.39 5 11.61 10.83 10.48 6 13.93 13.00 12.58 7 16.25 15.17 14.68 18.57 8 17.33 16.77 9 20.89 19.50 18.87 10 23.2 1 21.67 20.97 11 25.54 23.83 23.06 12 27.86 26.00 25.16 13 30.18 28. 17 27.26 14 32.50 30.33 29.35 15 34.82 32.50 31.4S 16 37. 14 34.67 33.55 17 39.46 36.83 35.64 18 41.79 39.00 37.74 19 44. 11 41.17 39.84 20 46.43 43.33 41.93 21 48.75 45.50 44.03 22 51.07 47.67 46.13 23 53.39 49.83 48.22 24 55.71 52.00 50.32 25 58.04 54. 17 52.42 26 60.36 56.33 54.51 27 62.68 58.50 56.61 28 65.00 60.66 58.71 29 62.83 60.80 JO 6S.00 62.90 31 65.00 $50.00 3I l.o l J.2J i\ [an antl wife l 2 J 4 s 6 7 8 9 JO ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ' 31 28 2. 1-l 4.29 6.43 8.57 10.7 1 12.86 15.00 17.14 19.29 21.43 23.57 25.71 27.86 30.00 32.14 34.28 36.43 38.5i 40.71 42.86 45.00 47.1-l 49.28 51.43 53.57 5S.71 Si.86 60.00 30 2.00 4.00 6.00 8.00 10.00 12.00 14.00 16.00 18.00 20.00 22.00 24.00 26.00 28.00 30.00 32.00 34.00 36.00 38.00 40.00 42.00 44.00 46.00 48.00 50.00 52.00 54.00 S6.00 58.00 60.00 �36 V/OR KME N'S COMPENSATION ACT ]\ f n11 , wire and one chilcl I 2 J 4 5 6 7 8 9 10 JI 12 13 14 J5 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 3I 30 28 2.25 2.-11 4.50 4.82 6.75 i.23 9.00 9.64 I 1. 25 12.05 13.50 14.46 15.7 5 16.87 1 .00 19.29 20.25 21.70 22.50 2-1. I I 24.i5 26.52 27.00 28.93 29 .25 31. 34 31.50 33.75 33.75 36. 16 36.00 38.57 38.2 5 40.98 43.39 • 40.50 42.75 45.80 45.00 48.21 47. 25 50.62 53.04 49.50 51.75 55.45 54.00 57 .86 56.25 60.27 58.50 62.68 60.75 65.09 6i.50 63.00 65.25 67.50 $6i .50 31 2. 18 4.35 6.53 8. 71 10.89 13.06 15.24 17.-12 19.60 21.77 23.95 26. 13 2S.31 30.-1 8 32.66 34.84 37.02 39. 19 41.37 43.55 45 . 73 47 .90 50.08 52.26 54.44 56.6 1 58.79 60.97 63.14 65.32 67.50 )Ian , wife aud two chil dren 1 2 J 4 5 6 i 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 . 25 26 27 28 29 30 31 28 2.6~ 5.36 8.04 10.7 1 13.39 16.07 18. 75 21.43 24.11 26.79 29.46 32.14 34.82 Ji.SO 40.18 42.86 45.53 48.21 50.89 53.57 56.25 58.93 61 .61 64.28 66.96 69.64 72.32 75 .00 30 2.50 5.00 7.50 10.00 12.50 15.00 17.50 20.00 21.50 25.00 2i.50 30.00 32.50 35.00 37.50 40.00 42.50 45 .00 4i.50 50.00 52.50 55.00 Si.SO 60.00 62.50 65.00 67.50 70. 00 72.50 75 .00 $75 .00 31 2.~2 4.84 7.26 9.68 12.10 14.52 16.94 19.35 21.77 24.19 26.61 29.03 31.45 . 33. 87 36.29 38.71 41.13 43.55 45.97 48.39 50.81 53.22 55.64 58.06 60.48 62.90 65,32 67.74 70.16 i2.SR iS .00 Widower and three children 2 3 4 5 6 7 8 9 JO ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.59 5.18 7.77 10.36 12.95 15.54 18. 12 20.7 1 23.30 25 .89 28.48 31.07 33.66 36.2 5 38.84 41.43 44 .02 46.61 49. 19 51.78 54.37 56.96 59. 55 62. 14 64.73 67.32 69.9 1 72.50 30 2.42 4.83 7.25 9.67 12.08 14.50 16.92 I 9.33 21.75 24. 17 26.58 29.00 31.42 33.83 36.25 38.67 41.08 43.50 45.92 48.33 50.75 53.17 55.58 58.00 60.42 62.83 65.25 67.66 70.08 72.50 $72.50 31 2.34 4.68 7.02 9.35 11.69 14.03 16.37 18.71 21.05 23.39 25.73 28.06 30.40 32.74 35.08 37.42 39.7 6 42.10 44.44 46.77 49.11 51.45 53. 79 56.13 58.47 60.81 63.15 65.4 8 67.82 70.16 72.50 \ Vidowcr and fo ur children 2 3 4 5 6 7 8 9 10 11 12 13 14 15 IG 17 JR 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.86 5.71 8.5 7 11.43 14.29 17. 14 20 .00 22.86 25.71 28.57 31.43 34.29 37.14 40.00 42.86 45.72 48.5 7 51.43 54.29 57.14 60.00 62.86 65 .72 68.57 71.43 74.29 77.14 80.00 30 2.67 5.3 3 8. 00 10.67 13.33 16.00 18.67 21.33 24.00 26. 67 29.33 32.00 34.67 37.33 40.00 42.67 45.33 48.00 50.67 53.33 56.00 58.67 61.33 . 64.00 66.67 69.33 72.00 74.66 77.33 80.00 $80.00 31 2.58 5.16 7.74 10.32 12.90 15.48 18.06 20.64 23.23 25.81 28.39 30.97 33.55 36.13 38.71 41.29 43.87 46.45 49.03 51.61 54.19 56.77 59.35 6).93 64.52 67.1 0 69.68 72,26 74.84 77.42 80.00 �WORKMEN 'S COMPENSATION ACT )Ian , wiic and th ree children I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 28 2.95 5.89 8.84 I 1.79 14. 73 17.68 20.62 23.57 26.52 29. 45 32.4 1 35.36 38.30 41. 25 44.20 47. 14 50. 09 53.04 55.98 58.93 61. 87 64 .82 67.77 70.7 1 73.66 76.61 79 .5 5 82 .50 30 2.75 5.50 8.25 I 1.00 13.75 16.50 19.25 22.00 24. 75 27.50 30.25 33.00 35 .75 38.50 41. 25 44. 00 46.75 49.50 52.25 55.00 57.75 60.50 63.25 66.00 68.75 71.50 74.25 77 .00 79.75 82.50 Jl $82.50 31 2.66 5.32 7.98 10.64 I 3.31 J 5.97 18.63 21. 29 23.9 5 26. 61 29.27 31. 93 3•!.60 37.26 ,,9.92 42.58 -1 5.24 47.90 50. 56 53. 22 55 .89 58.55 61.2 1 63.87 66.53 69.1 9 71.85 74. 51 77. 17 79.84 82.50 Maximum 1 ' 3 4 5 6 7 8 9 10 lJ 12 13 14 15 16 j7 18 19 20 21 22 23 24 25 26 27 28 29 JO 31 28 3.21 6.43 9.64 12.86 16.07 19.29 22.5 0 25.7 1 28. 93 32.14 35. 36 38.5 7 41.78 45.00 48.21 51.43 54.64 57.86 61.07 64.28 67.50 70.71 73.93 77.14 80.36 83.57 86.78 90.00 $90.00 JO 3.00 6.00 9.00 12.00 15.00 18.00 2 1.00 24.00 27.00 30.00 33. 00 36.00 39.00 42.00 45.00 -18.00 51.00 54.00 57.00 60,00 63.00 66.00 69.00 72.00 75.00 78.00 81.00 84.00 87.00 90.00 31 2.90 5.8 1 8.7 1 11.61 14 .52 17.42 20.32 23.23 26. 13 29.03 31.94 34.84 37.74 40.64 43.5 5 46.45 49.35 52.26 55.16 58.06 60.97 63.87 66.77 69.68 72.58 75.48 78.39 81.29 84.19 87.JO 90.00 37 \Vid owcr and five children 1 2 3 4 5 6 7 8 9 10 Jl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 3. 13 6.25 9.38 12.50 15 .63 18.75 21.88 25 .00 28.1 3 31. 25 3-1. 38 37.50 40.63 43.75 46. 8 50.00 53.1 3 56.25 59.38 62. 50 65 .63 68.75 71.88 75.00 78. 13 8 1.25 84.38 87.50 30 2.92 5.83 8.75 11. 67 14.58 17.50 20.42 23.33 26. 25 29. 17 32.08 35.00 37.92 40.83 43. 75 46.67 49.58 52.5 0 55 .42 58.33 61. 25 6-1. 17 67.08 70.00 72.92 75. 83 78.75 8 1.66 84.5 8 87.50 $87.50 31 2.82 5.65 8.47 11. 29 14.11 16.94 19.76 22.58 25 .40 28.23 31. 05 33.87 36.69 39.52 42.34 45. 16 47. 98 50.81 53.63 56.45 59.27 62 . 10 64 .92 67.74 70.56 73.39 76. 2 1 79.03 81.85 84.68 87.50 �38 WORKM E N' S COMPENSATION ACT Tab1c showing amount by months :incl days, fi g ured on basis of one child at rat e of $120.00 p er year. Day or days Month or month s 3 4 s 6 7 8 9 10 JI 12 $ 10.00 20.00 30.00 40.00 50.00 60.00 70.00 80.00 90.00 100.00 l 10. 00 120.00 2 J 4 5 6 7 s 9 10 11 12 13 H 15 16 17 JS 19 20 21 22 23 24 25 26 27 28 29 30 31 28 d a y month 30 day month 31 day month .3 6 .7 1 1. 07 1. 43 1.79 2. 14 2.50 2.86 3.2 1 J. 57 J.93 4.29 4.64 5.00 5.36 5. 7 I 6.07 6.43 6.78 7. 14 7.50 7.86 S.21 8.5 7 8.93 9.28 9.64 10.00 . 33 .67 1.00 1. 33 1.67 2.00 2. J J 2.67 3.00 J.33 J.67 4.00 4.33 4.67 5.00 5.33 5.67 6. 00 6.33 6.67 7.00 7.33 7.67 8.00 8.3 3 8.67 9.00 9.33 9.6 7 10.00 .32 .65 .98 1.29 1.61 1.94 2.26 2.58 2.90 3.23 3.55 J.87 4. 19 4.52 4.84 5. 16 5.48 5.81 6.13 6.45 6.77 7.10 7.42 7.74 8.06 8.39 8,71 9.03 9.35 9.68 10.00 �Peace Officers' Indemnity l'.und CHAPTE.R 83-ARTICLE 2 R. s. 1931 Section 83-201. . W yo min g peace officers' indem ni ty fu nd . 83-202 . Officers included. 83-203. Limit of indemn ity paid . 83-204. Paym ents to fu nd by counties. 83-205. P ay ments to fund by state. 83-206. R eport of accident. 83-207. Order of Court. 83-208. Power of stat e treasurer. 83-209. App eal by sta te treasurer. 83-201. Wyoming Peace Officers' Indemnity Fund. The fund acc umul ated under this Article shall be known as the \ Vyoming Peace Officers' Indem nity Fund. [L. '23, c. 97, § 1. 83-202. Officers Included. Such Peace Officers' Indemnity Fund shall be accumulated and main tained as herein provided for the purpose of providing indemnity to all penitentiary wardens, deputy penitentiary wardens, penitentiary guards; guards of th~ Wyoming Industrial Institute, including the superintendent and his deputies; agents of the State Department of Law Enforcement, and the commisisoner of such department and his deputies, state coal mine inspectors, and deputies, state game and fish commissioner, and his ass istants and deputies, and state game wardens; and all salaried sheriffs, under sheriffs, deputy sheriffs and constables employed by any county of the State of Wyoming or paid by the board of county commissioners of any county, who shall be injured in performance of their duties, the purpose of this - article being to provide for indemnity to such peace offfficers injured in the performance of their duties, which duties are hereby recognized as involving risks to life and limb. This section shall not apply in any case where the injury occurred before the c;late on which this section is to ·take effect. [L. '31, 71, § 1. amending L. '23, c. 97, § 2. c. 83-203. Limit of Indemnity Paid. The indemnity ·which any such peace officer or his dependent family shall be entitled to receive under the provisions of this article shall be computed according to the compensation schedule of the Wyoming \Vorkmen's Compensation Law in effect at the time such injuries were received, and the procedure and forms under this article shall be as near as may be the procedure and forms provided by the Workmen's Compensation Law, �.40 WORKMEN'S COMPENSATION ACT it being intended that the V/y?n:iing Peace Officers' Indemnity Fund shall be ad ll} m1stered by the state treasurer as near as may be in th e same manner as the Wyoming Workmen'.s Compensation Law is administered, a!ld · that or9ers of award and all other court procedure shall be enter~d and conducted as nea r as may be in accordance \"'.1th th e procedure provided by th e Workmen's Compen sation Law, and that any of th e above peace office rs injured in the line of hi s duties shall receive th e same compensation which he wou ld have received had he r eceived the same injury whil e working fo r an employer contributing to th e Indu strial Acciden t Fund, a nd shall receive the ind em nit y in th e same manner. [L. '23, c. 97, § 3. 83-204. Payments to Fund by Counties. Every county of the State of W yoming is hereby required to pay into the state treas ury for the benefit of the Wyoming Peace Officers' Indemnity F und a sum of money equal to one and one-half per cent (I½o/o) of the moneys earned by each of it salaried sheriffs, dep uty sheriffs, und er sheriAs and constables during each calendar month in which they shall be employed. Such pay_rnen t shall be so made o n or before the fifteenth day of the m onth follow ing the month for which such payments arc computed and paid. The state treasurer shall keep a separate accoun_t for each county so contributin g tg sa id fund , a nd shall charge agai nst the accoun t of each coun ty all wa rrants paid from th e \1/yom ing Peace Officers' Indemnity Fund: (a) As awards for injuries to th e above named peace officers of such county: (b) In payment of medical or hospital attendance of such peace officers of such county ; (c) In payment for the inves ti ga tions of injuries of such peac~ officers or in paym ent of investigations into the manner in which such injuries wi; re received; (cl) In payment of witness fees in cases wherein an order of award is granted to such peace officer of such county. Each county shall continue to make said monthly contributions as above provided unless its account after making the above deductions therefrom shall be overdrawn, in which event said county shall be required to pay monthly a sum of money (including the said one and one-half per cent) equal to three per cent (3%) of the moneys earned by each of its peace officers during each calendar month of such employment until such overdraft shall be paid. [L. '23, c. 97, § 4. 83-205. Payments to Fund by State. The State of "Wyoming hereby pledges itself to contribute by bi- · ennial appropriatio~s a sum of money equal to one and one-half per cent (l¼o/o) of the moneys earned by each of such peace officers in its employ, and ~grees that its account shall be kept as near as may be m the manner in which the accounts of the counties are required to be kept under the provisions of this article', and that similar charges for amounts paid out �WORK MEN'S CO MP E N S AT ION ACT 41 unt of or on behalf of injuries to its peace ofolin aco all be charged against its account. The Sta te 1i cers s • If t I1a~ tn • th e ev en t f Wyoming further pledges 1tse ? count is ove rdraw n th at it shall contribute a sum its . . of ac money ( mcludmg the sa1'd one a n d one- I1a If per t) equal to thr ee per cent (3o/o) of th e mo neys ~:~ned by each of its peace officer s. [L. '23, c. 97, § 5. 83-206. Report of Accident. R epo rts of acc idents coverin g injuries to its peace officer11 shall be fil ed_by th e co unties ir th e sa m(, ma nner and a t th e sam e t11ne as such repo rts are req uired to be fi led by employers con tribu ting to the Industrial Accide nt F und, a nd each state officer ha ll make similar reQ.o rts to t he courts of all in juries to peace officers employe d in hi department. [L. '23, c. 97, s 6. 83-207. Order of Court. Every o rde r given and made by th e district court or judge awa rding pay men t from the vVyom ing Peace Officer ' Indemnity F un d to an injured peace officer or his dependent family shall be en ter ed of r eco rd by the clerk of the co urt where given and tru e copies th ereof shall be immediately made and ce r tified by said clerk and forwarded to the state audito r and state trea urer r espectively of ·wyom ing, and shall be by each of said officers entered upon a r ecord to be kn own as th e Indemn ity D ocket, and shall be t he authority and direction of th e state auditor to iss ue wa rrants of indemnity a, vard s agai nst the vVyoming Peace Officers' Indemnit y F und, and fo r th e s ta te tr eas urer to pay such indemnity awards from such fu nd. [ L. '23, c. 97, § 8. 83-208. Power of State Treasurer. T he s tate treasurer shall have th e power by ap propriate ac tio n t o require each county of the state to co ntr ibute to said fund as req uired by this article. [L. '23, c. 97, § 9. 83-209. Appeal by State Treasurer. The stat e treasurer shall have the right to app eal to the s upr eme court from any final order or judgment in any district court of the state awarding indemnity or declining to award indemnity, although he was not a party to such procedure in the district court. The attorney gener-!_l shall act as the attorney for the state in every such appeal, and each appeal shall be conducted witho~t expense to the Wyoming Peace Officers' Indemmty Fund. [L. '23, c. 97, § 10. �Coal Mine Catastrophe · Insurance Fund CHAPTER 57-ARTICLE 7 R. s. 193 1 Section 57-701. Definition. 57-702. Payment by coal mining companies. 57-703. Los cs in excess of $25,000 to be paid from fund. 57-704. Separate accounts to be kept. 57-705. Use of fund limited. 57-706. Penalty for failure to pay pr emiuri1. 57-707. Authority to contract with insu rance companies. 57-701. Definition . The word, "catastrophe," as used in thi s Article means a disaster in a. coal mine or min es cau sing the pay men t throu gh the operation of the ¥ lo rkm en's Compen sation Law of this state out of the Indus trial Accident Fund of an agg regate more than tw enty-five thousa nd dollars in compensations to w_o rkm cn kill ed and injured an d their dependents, g rowin g out of any on e accident or occurcncc, or se ries of afcidents or occurren ces ar ising out of. one event. [L. '25, c. 159, § 1. 57-702. Payment by Coal Mining Companies. For the purpose of giving to the portion of the Industrial Accident Fund paid in by employers operating coal mines support which is deemed necessary, each employer operating a coal mine or mines in Wyoming shall pay into the state treasury monthly a sum equal to one-fourth of one per cent of his Wyoming payroll for the preceding month, such payment to be made on or before the fifteenth day of the m9nth following the month for which such payments arc computed and paid, the moneys so receivecl to be placed by the state . treasurer in a fund to be denominated Catastrophe Insurance Premium Fund. All moneys received by the state treasurer under the terms of this article, shall be paid by him out of the Catastrophe Insurance Premium Fund into the Industrial Accident Fund, monthly as received, and such payments shall continue to be made until the· credit balance of the Catastrophe Insurance Fund in the Industrial Accident Fund is equal to two hundred thousand dollars ($200,000.00), whereupon such payments shall cease, to be automatically resumed, whenever and continue so long as the credit balance of the Catastrophe Insurance Premium Fund with the Industrial Accident Fund is below two hundred thousand dollars ($200,000.00); all such payments- shall be credited generaly to the Industrial Accident Fund instead of being credited to any individual employer �44 WORKMEN'S COMPENSATION ACT contributing to either the Catastrophe Insurance Premium Fund or the Industrial Accident Fund. [L. '25, C. 159, § 2; s. L. '35, C. 73. 57-703. Losses in Excess of $25,000 to be Paid from Fund. In cons ideration fo r such payments made or to be made from the Catas troph e Insurance Premium F und th e Industrial Acciden t F und in th e hands of the state treasurer is hereby made a catastrophe in surer as to catastrop hes to the exte nt th at such catastrophes cause losses above twenty-five thousand dollars to the Industrial Accident Fund. The first twenty-fiv e thousand do llars of such loss shall in every case be cha rged agai ns t the employer in w hose mine or min es the acc id ent may have occurred. The amount over twenty- fiv e thousa nd dollars shall be paid from the lnd.ustrial Accident Fund a nd no t charged against the em ployer in w hose coa l mine or mines the catastroph e oc.s; urr ed, but agains t the balance of the Catastrophe In sura nce P remium Fund. [L. '25, c. 159, § 3. 57-704. Separate Account to be Kept. The state tr easu rer shall keep a separate account bet ween the Industrral Accident Fund and th e Catastrophe Insurance P remium Fund, creditin g the Catastrophe Insuran ce P remium F und with all moneys by it paid into the Indu strial Accident Fund and charging the Catastrophe In s ur an c e P remium F und with all amounts paid ou t fo r catastrophes as herein provided . [L. '25, c. 159, § 4. 57-705. Use of Fund Limited. No money paid into th e Catastrophe Insurance P remium Fund as herein provided shall ever be applied in any way other than by payments to the Indu strial Accident Fund as herein provided. [L. '25, c. 159, § 5. 57-706. Penalty for Failure to Pay Premium. The in spectors appointed by the treasurer under section 124-119 shall also act as inspectors for the purpose of enforcing the collection of the premiums clue the state from employers operating coal mines. And if in any case any such employer shall fail or refuse to pay the premiu!TI upon his monthly payroll as is required by this article he shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred ($500.00) dollars and in addition to the said fine it shall be the duty of the attorney general of this state to immediately bring suit in the name of the state in the district court for the proper county, for the benefit of the Catastrophe Insurance Premium- Fund, against such employer for the collection of such pr!_mium,- and if a judgment for the recovery of such premium due be given in favor of the state for the use and benefit of the Catastrophe Insurance Premium Fund said judgment shall be f~r do~ble the amount of the premium provided by this article, together with costs. [L. '25, c. 159, § 6. �- WORKMEN'S COJ\{PENSATION ACT 45 .701. Authority to Contract With Insuranc_e 51 Companies. The state treasurer, should he;_ deem 1t d isable is her eby a uthorized and empowered to a vke co~tracts o n behalf of the S tate of vVyoming mad tlte Industrial ~cc ident F und with an insurance an mpany or compa111es, . • Ie for payment mto • tq_ prov1c ~~e Indu strial Acc ident F und by th e in s t!rin g company r companies of a s um equal to the ult1111ate net loss ~vhich the Indu strial Accident Fund has or shall sustain by rea ~on of any catastrophe, all f?r th e purpo~c of authori zmg th e state treasurer to rc111 surc the said satastrophe risk with an in urance company or complnies. T he premium fo r any cQntract of reins urance shall be paid by th e tate trea urcr o ut of the Industrial Accident Fund and cha rged again t th e acco unt of the catastrophe Insuran ce Premium Fund. Every contract of r ein urance hall specify that the insurin g company or companies rein urc the Indust rial Accident Fund from lo s by r eason of cata trophes during the term of uch insurance, within the lim its as to amount exp ressed in the contract, and that the insuring company waiv e all r ight to question a ny award for cl1!_ims growing out 9f a catastrophe or claimed to grow out of catastrophe, and that t he insuring company will accep t as final the awards made by the courts under the vVyomin g W o rkme n's Compensation Law, and will abide by uch awa rd , and will promptly repay to the Industrial Accident Fund all the payments made by it during the term of uch insurance under catastrophe awards. Each co ntract shall also provide that the insuring company discla im s all right to appear in or contest any proceeding und er the Workmen 's Compensation Law. - No payment made out of the Industrial Accident Fund which is repaid to the Industrial Accident Fund by a n ins ura1~e company shall be charged against the account of the Catastrophe Insurance Premium Fund or against the account of th e employer in whose mine the catastrophe occurred. [L. '25, c. 159, § 7. �Firemen's Pension Fund CHAPTER 23-S . L. 1935 Section Dona1. State T reas urer- Adminis trati on, F und , tions. z. F und-Furth er Maintenance. 3. Definitions. 4_ P cnsion- \!Vho E lig ible, Amount. S. Death in L inc of D uty-Beneficiary. 6. \Vhen Father and 1'.1Iother Beneficia ries. 7. Volunteer Firemen-Benefits. 8. Application- Inv estigation. 9. Other Compen ation . 10. Payments-Exempt from Legal Actio n. State T_reasurer-Administration, Fund, Donations. Sectionl. There is her eby cr eated a fund to be known as the "Firemen's Pension Fund" fo r the purpose of paying the aw_ards, benefi_ts and p~n io ns und er the provisions of this act. T iu sfund 1s to be administered by the state treasurer through the \Vorkmen's Compensation Department of • the State of 'W yoming and said state treasurer shall have full custody and control. of such fund with full power as to the administration thereof; but such fund shall be administered by said state treasurer witl19ut liability 011 the part of the state beyond the amount of such fund . For the purpose of establishing and maintaining said fund ten per cent (10%) of the gross annual tax for the ye ar of 1935, and for each ensuing year thereafter, collected upon the fire insurance premiums paid to fire insurance companies within the State of Wyoming as provided by section 115-117, Wyoming Revised Statutes, 1931, is hereby set aside and appropriated for the use and benefit of said fund. The amount of tax collected, as above set out, shall be credited to said fund by the state treasurer upon payment of the tax to him by the insurance commissioner. There may be added to the fund so established and maintained such cash, gifts, donations and contributions as may be made from time to time by individuals and organization~. Said state treasurer is hereby empowered '.o r~ce1vc any and all such gifts, donations an~ contributions for the benefit of said fund . [L. '35, c. -3, § 1. Fund-Further Maintenance. Section 2. For the further maintenance of this fund every p~id _fireman of e~ch fire department organized and mamtamcd by any incorporated city or town, or �48 \ VORKMEN'S COMPENSATION ACT any county in this state, affected by this act, shall be assessed two per cent (2%) of his salary monthly for the use and benefit of said fund . Such assessment shall be withheld from his salary by the treasurer or other disbursing officer of such city, town or county and said assessment shall be tra nsmitted to the state treas urer on th e first day of eac h month. [L. '35, c. 23, § 2. Definitions. Section 3. Th e following word s and phrases shall be con stru ed for the purpose of this ac t as hereinafter set out : " P a id Firemen." An y individual who is r egul arly employed and paid by a n incorporated city or town for devo ting his entire tim e of emp loymen t to the care, ope ra tion an d r equirements of a regularly consti tu ted fir e depar tm en t. "Volunteer Firem an." An individual w ho fo llows other lin es of regular employment or labor but who is carr ied on ·the rolls of a reg ul arly con stituted fir e departmen t, the members of which are und er th e juri sdicti on of a mayor, city or town coun cil or other governing body and who may be partly paid an d par tly volunteer. Payme nt of compensation for ser vices actually rendered by such enrolled volunteers shall not take th em out of th e above classification. An y individual who volunteers assistance but wh o is not reg ularl y en ro lled as a fireman, is not a volunteer fir eman within th e meaning and contemplation of this act. "Injured, disabled or killed in the lin e of duty." A paid or voluntee r fireman ,is injured or disabled in th e lin e of duty when he meets with bod il y or mental injury while going to, returning - from or in attend ance upon a fir e, conflagrati on, calami ty or disas ter, or who meets with bod ily or mental injury while actually engaged in the repair, upkeep or care of fire apparatus, or in the performance of duties prescribed in the maintenance and operation of a fir e depa rtm ent. "Compensation Act." The Act of the Legislature of th e State of \\Tyoming found in Chapter 124, \ Vyoming R evised Statutes, 1931, ai:id any and all amendments which may be made thereto. "Thirty years active service." An individual whose principal mean s of livelihood for thirty years has been employment by an incorporated city or cities, town or towns, in the State of Wyoming as a member of a regularly constituted fire department and who has been carried on the pay rolls for that period of time. [L. '35, c. 23, § 3. Pension-Who Eligible, Amount. Section 4. Any person coming within the following cla?sification and filling the requirements thereof may retire or be retired from active service and receive a monthly pension equal to one-half of his actual monthly wage at the time of retirement, but in no instance shall such pension exceed one hundred dollars ($100.00) per month, and further provided that any ol~ age pension of which he may become the benefi_c1ary hereaft!:!. shall be a deduction against such retirement pension. (a) Any paid fireman who has performed and completed thirty years active service · �r I WORKMEN'S COMPENSATION ACT 49 rly constituted fire departments of any inin reg Ula city or cities tow n or towns m • t h"1s state corpora ted ' d and who is of the age of fif_t y fivffe ~earsf and upwart • (b) Any paid fireman wh o 1s su e:mg rom a men_a 1 hysical disability r end erin g him unfit for active or • • t h e res u 1t o f an acd t P provided such d1•sab1·1·1ty 1s c~{nt, injury or exposure suffered in the lin e of duty. [L. '35, c. 23, § 4. Death in° Line of Duty-Beneficiary. Section 5. Upon th e death of an y paid fireman , where death is the res ult of an accident, injury or exposure suffered in the lin e of dut y, or up on th e death of any paid fir eman r eti red according to th e provisions of sg_cti on 4 of thi s act, the s tate tr ea urer shall pay out of th e Firemen' Pension Fund to hi s surviving wife, prov ided she was his -ivife at th e t ime of his death or retirement, a monthly pe nsion equal to one-half of the pension such r etired fireman w a receiving at th e time of hi s death , or a monthly pen sion equal to one-qua rter the amoun t of his compensation at the tim e of his death. an d uch payments shall continue durin g th e lifetime of such surviving wife or until she r ema rries. In additi on to such pa ymenl, the state trea ~urer shall pay to the surviving wife ou t of the said Firemen's Pens ion Fund, th e sum of ten dollar s ($ 10.00) per month fo r th e support and mai ntena nce of each ch il d of s uch deceased fireman under th e age of eigh teen years and who was supported by such fireman prior to his death, providing, in no case shall the tota l s um exceed the r etirement pay as prov ided in sec tion 4 of this act. In th e event such survi vi ng wife should die or remarry before the child or children of such deceased fir eman sha' l have reach ed th e age of eight een yea rs, th en th e state treasurer shall pay to the lawfull y appointed guardian or guardians of such children from said fund , the amount necessar v for the care and maintenance of such children until such tim e as the same shall reach the age of eighteen yea rs or marry. l'v[onthly payments to such surviving child or children in no event to exceed the total amount paid monthly to the sur- • viving wife prior to her death or remarriage. In the event there be surviving children but no surviving wife of said deceased fireman , then the state treasurer shall pay to the lawfully appointed guardian or guardians of such surviving children, the sum of ten dollars ($10.00) per month for the support and maintenance of such child or children under the age of eighteen years and who was supported by said fireman prior to his death; also, the state treasurer shall pay to such lawfully appointed guardians such additional amount as will be necessary for the proper care and maintenance of each child until such time as the same have reached the age of eighteen years or marry, provided that such additional amount shall not exceed one-half of the pension such retired fireman was receiving, or one-qu-!rter the amount of compensation the deceased ~reman was receiving at the time of l).is death. [L. 35, c. 23, § 5. • �SO WORKMEN'S COMPENSATION ACT When Father and Mbther Beneficiaries. Section 6. Upon the death of any paid fireman acco rding to th e provisions of Section 5, of this act, and who leaves surviving him no wife or children but leaves sur viving him a dependent father or mother or both, then the state treas urer shall pay,. to the moth er if there be no father, or to th e fath~ 1f there be no mother, out of th e F ireme n's Pension, Fund such amount eq ual to one- half of the pension such retired fi rema n was receiving a t th e time of his death , or one-qua rt er the a moun t of compensation such fire man was receiving at the time of his death, but if there b·e both father and mother surviving who were depende"nt upon said deceased fireman fo r supp ort, then th e state treas ur er ha ll pay out of said fund to eac h a n amotmt eq ual to one-qua rte r of th e pension such retired fi rema n wa s receiving at the time of his death, or one-eigh th th e ~mount of compensation such deceased fir eman was receiving at the time of his death, providedthat, in the eve nt either the sur viving mot her or fath er sho uld die after the payme nts have started, the tate treasurer sha ll pay to th e other surviv in g pa rent the fu ll amount as set fort h fo r either fat her or mo ther. [L. '3 5, c. 23, § 6. Volunteer Fireman-Benefits. Section 7. Any vol unteer fi reman wh o is s uffering fr om a mental or phys ical disabilit y ren dering him unfit fo r active service in a regu larl y constituted fire department, and prov iding s uch disabi li ty comes within th e definition of pern1£lnent pa rt ia l disability, permanent full disa bility or temporary total disability, of the Workmen 's Compensa ti on Act, provided, furth er such disabil ity is th e r es ult of an injury, accident or exposure suffer ed in the lin e of duty, the state treasurer shall pay out of th e Firemen's Pension Fund, such sum and in such periodic payments as would be payabl e for such disability of a workman engaged in extra-ha zardous occupation under the ,i\Torkmen's Compensation Act. Upon the death of any volunteer · fi,reman caused by accident or exposure in the line of duty, the state treasurer shall pay to the surviving wife out of the Firemen' s Pension Fund, such sum and in such periodic payments as would be payable for the death of a workn1art engaged in extra-hazardous occupations under the Workmen' s Compensation Act, provided that, in the event such wife shall die or remarry or in the event there be no surviving wife but there are surviving children, then such payments shall be made to the guardian of any dependent child or children of such deceased fireman. Provided further that, upon the death of any volunteer fireman according to the above section, who leaves surviving him no wife or childret1 but does leave surviving him dependent father or mother, or both, then the state tre..!!-surer shall pay to the m·o ther if there be no father, or to the father if there be no mother out of the Firemen's Pension Fund, such sum andJin such periodic payments as would be payable for the death of a workman engaged in extra-hazardous occupations under the ,voikmen's Compensation Act, but if there �WORKMEN'S COMPENSATION A. CT 51 f ti r and mother surviving who were debe both a 1e "d deceased fireman for support, the . •fun d to eac I1 sue I1 pen dent upon sat1all pay out of said state tre~:t~~r0 ~1~-half, and in such r.eriodic payments sum, ei~ b payable for the death 9f a workman enas w~u . eextra-hazardous occupations under the ~V~~km:~'s Compensation Act. [L. '35, c. 23, § 7. Application Investigation. Section 8. \,V henever any fireman , his sur vivin g ·f dependent children or dependent par ents shall • or b enc.fi ts un(Ier ti11•s a~ t , be entitled to any pens10n such fireman, or in the even~ of his death, the chief of the fire departm ent, of w hich he was a 1;1en:ber or some other proper person, shall make appltcat1011 for such benefit s or pension by fili ng a comp lete ?nd concise statement of the fact~ nec_essary to entitl e uch fireman or his surviving wife or childr en or par ents to the benefit s or pen sion under this act. uch a pplication shall be filed with the state tr ea ur er upon forms provided by him . The state treasurer is her eby ~iven the power to in vest igate such application a nd determine whether or. not such app lication shou ld be granted, with the further power to hear eviden ce as to the justice of the application or r equire and r eceive affidavits as to the truth of the statements made in such· applicatio n. In the event such application is refused, such matter may be taken before the district court for the county wherein such applicant r esides by petition, and notice shall be given said state treasurer by the court of the elate set for hearing. T he decision of the district court shall be binding upon said state treasurer and applicant unless appealed from according to the procedure provided under the Workmen's Compen sation Laws of Wyoming. [L. '35, c. 23, § 8. • WI e, Other Compensation. ~ection 9. Application for pension may be made pno: to actual retirement upon statement of the intention to. retire, but payment shall not begin until su~h applicant has actually retired and his name is ~tncken from the pay rolls of the city or town. No rem~n or any of his survivors shall be entitled to ~?h~ the b_enefits of this act so long as said fireman C ts sury1vors are receiving payments under the m~mpensation Act, but upon the expiration of payto ~s ~nder the Co~pensation Act his or their rights who :hattnefits o_f this act shall attach.• Any fireman for f ~e entitled to the benefits of insurance paid videJo!11 t e ?'eneral fund of any city or town as pro1931 ~~al~ectt~\ 22 - 15 Wyoming Revised Statutes, this 'act unt~i° s ~ ~'?-titled to an~ of the benefits of shall h uc ime as such msurance payments ave ceased. [L. '35, c. 23, § 9 _ ?, PaYlllents-Exempt from Legal Action. Section 10 p rnade to the· b/Yre.nt~ made under this act shall be Qf each month ned c1tnes on or before the fifth day an s all be made by voucher drawn �52 WORKMEN'S COMPENSATION ACT against the Firemen's Pension J:'und and shall be paid by the state treasurer out of said fund. No payments made under this a~t shall b~ subject to judgg1ent, attachment, execution, garmshment or other legal process and shall not b~ assignable, nor shalf the state treasurer have the auth9rity to recognize any assignment nor pay over any sum assigned. [L. '35, c. 23 §IQ ' � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Workman's Compensation Act Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. March 1st 1935 Subject The topic of the resource Workman's Compensation Act, 1935 Description An account of the resource A booklet documenting one of the Workman's Compensation from March 1st 1935. It is stored in a orange folder with other Workman's Compensation files. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource J. Kirk Baldwin Identifier An unambiguous reference to the resource within a given context 1-0237 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/0a61ff56a424e15348deb0b18d2955f9.pdf ca39e047a80ea8d6f6c17f79b9c8e7a4 PDF Text Text .) / \ ,,_ - ---- ( \ I ;, r- /\ t ~ : ~-I . • I I \ I," ' -------\ ' J -(:I f (.• ,._. ;zJ ' 1/ ((\ WORKMEN'S COMPENSATION ACT OF THE . ! STATE OF WYOMING CHAPTER 258 WYOMING COMPILED STATUTES 1920 AND ACTS RELATING THERETO Furnished by W. H. EDELMAN, State Treasurer CHEYENNE,WYOMING �BRIBERY IN CONNECTION WITH WORKMEN'S COMPENSATION ACT CHAPTER 97 -S. L. 1925AN ACT making- bribery of or by a ny person employed or concerned in the administrat ion of the ,vorkmen's Compensation Act a crime, and providing- a punishment therefor. Be it Enacted by the Legislature of the State of W'.)1oming: SECTION 1. Whoever corruptly gives, or promises to give, pay, or imburse, or whoever offers to give, pay, or imburse any Court officer or employee, or any person employed or concerned under the laws of this State in the administration of the Workmen's Compensation Act, either before or after his election, appointment or employment, any money or valuable thing, or corruptly offers or promises to do any act beneficial to any such person to influence his action or to secure his assistance in the administration of the Workmen's Compensation Act, and whoever being a Court officer or employee or a person employed under the laws of this State in the administration of the Workmen's Compensation Act, either before or after his election, qualification, appointment or employment, solicits or receives any such money or valuable thing to influence him or to secure his assistance with respect to his official duty in any matter relating to the administration of the Workmen's Compensation Act, shall be deemed guilty of felony and upon conviction thereof, be imprisoned in the- penitentiary not more than fourteen (14) years. SECTION 2. This Act shall not be taken to repeal or affect any existing statute relating to bribery. SECTION 3. This Act shall take effect and be in force from and after its passage. (Approved April 25, 1925.) �4 COMPENSATION LAW The Workmen's Con1.pensation Law AN ACT providing compensation for . injuries or 1eat~ resulting from injuries, of workmen ~r?m accident occurnng m extra-hazardous employments, defmmg i:xtra-ha·~ardous employmen_ts_ and providing for the accumulation, mamtenance and admm1stration of funds in the State Treasury for the payment of such compensation and repealing Sections, 3526, 4291 and 4292 of Wyoming Compiled Statutes, 1910, and all other laws or parts of laws relating to damages for injuries or death from injuries, or in anywise in conflict with this Act, in so far as they are applicable to extra-hazardous employments. Be it Enacted by the Legislature of the State of Wyoming: §4315. This Act shall be known as the "Workmen's Compensation Law." 4316. General Provisions. Compensation herein provided for shall be payable to persons injured in extra-hazardous employment, as herein defined, or 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. Said compensation shall be payable from funds in the State Treasury to be accumulated and maintained in the manner herein provided. 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 such person or persons by reason of any such injury or death. Sections 3526, 4291 and 4292 and all other laws or parts of laws relating to damages for injuries or death from injuries or in anywise in conflict with this Act are hereby repealed, as to the employments, employers and employees coming within the terms of this Act. Provisions Exclusive, Compulsory and Obligatory. §4317. The rights and remedies provided in this Act for an employee on account of an injury shall be exclusive of all other rights and remedies of such employee, his personal or legal representatives or dependent family at com- �STATE OF WYOMING 5 mon law or otherwise on account of such mJury; and the terms, conditions and provisions of this Act for the payment of compensation and the amount thereof for injuries sustained or death resulting from such injuries shall be exclusive, compulsory and obligatory upon both employers and employees coming within the provisions hereof. (L. 1915, Ch. 124, §2.) Extra-Hazardous Occupations. \ t I §4318. The extra-hazardous occupations to which this chapter is applicable are as follows: Factories, garages, mills, printing plants and workshops where machinery is used; foundries , blast furnaces, mines, oil wells, oil refiner· ies, gas works, natural gas plants, water works, reduction works, breweries, elevators, dredges, excavations, transfer companies, general teaming, general trucking, smelters, powder works, laundries operated by power, quarries, engineering works, logging, lumber yards, lumbering and saw mill operations, street and interurban rdlroads not engaged in interstate commerce, buildings being constructed, repaired, moved or demolished; painting and painting operations, telephone, telegraph, electric light or power plants or lines, steam heating or power plants, railroads not engaged in interstate commerce, bridge building, the occupations of city or town firemen and city or to,vn policemen and all employments wherein a process requiring the use of any dangerous explosives or inflammable materials is carried on, which is conducted 'for the purpose of business, trade or gain, each of which employments is hereby determined to be extra-hazardous and in which, from the nature, conditions or means of prosecution of the work therein requires risks to the life and limb of the workmen engaged therein are inherent, necessary or substantially unavoidable. This chapter shall not apply in any case where the injury occurred before this chapter takes effect, and all rights which have accrued by reason of any such injury prior to the taking effect of this chapter, shall be saved the remedies now existing therefor. (L. 1915, Ch. 124, §4 ; L. 1917, Ch. 69, §1; S. L. 1919, Ch. ~17, §1; S. L. 1923, Ch. 60, §1.) 4319. Exceptions. This Act shall not be construed to apply to business or employments, which, according to law are so engaged in interstate commerce, as to be not subject to the legislative power of the State nor to persons injured while they are so engaged, nor to any employee engaged in domestic service, ranch, farm, agricultural, or horticultural · labor, or stock �'4l 6 COMPENSATION L~W raising, or any person holding an appointment as shen"'ff or deputy sheriff or constable or deputy constable. (L. 1915, Ch. 124, §5; S. L. 1923, Ch. 10, §2.) Definitions. §4320. In this Act unless the context otherwise requires: (a) "Factories" ~ean an.f" prem.is~s wherein_ power is used in manufacturing, making, alt ering, adapting, ornamenting finishing, repairing or r enovating, any article fol' the p~rpose of trade or gain or the business carried on therein including expressly any brick yard, meat-packing house,'foundry, smelter, ore r€:duction works, !im~bu_rning plant, stucco plant, steam heat ing plant, electric hghting or power plant, including all work in or directly connected with the construction, installation, operation, alteration, removal or repair of wires, cables, switch-boards or apparatus used for the transmission of electric current, and water power plant, including to\vers and standpipes, power plant,. blast furnaces, paper mill, printing plant, flour mill, glass factory, cement plant, artificial gas plant, machine or repair shop, oil plant, oil refinery plant and chemical manufacturing plant. (b) "Work shop" means any yard, plant, premises, room or place where power driven machinery is employed and manual labor is exercised by way of trade or gain or otherwise incidental to the process of making, altering, repairing, pl'inting or ornamenting, finishing or adapting for sale or otherwise any article or part of article, over which premises, room or place the employer of the person working therein has the right of access or control. (c) "Mill" means any plant, premises, room or place ~here l'n~chinery is used, any process of machinery, changing, alter1:3g or repairing any article or commodity for sale or otherwise together with the yards and premises, which are a part of th_e plant including elevators, warehouses and ~unkers, saw mill, sash factory or other work in the lumber industry. • (d) "Mine" means any opening in the earth for the purpose of extracting iron, oil coal or other minerals and all underground workings, slopes, drifts, shafts, galleries, wells and tum~els, ~nd o~her way's, cuts and openings c~mnected therewith, including those in the course of being opened, sunk or dr!ven, and includes all the appurtenant structures or machinery at or about the openings of the �STATE OF WYOMING 7 mine, and any adjoining adjacent work place where the material from a mine is prepared for use or shipment. (e) "Quarry" means any place, not a mine, where stone, slate, clay, sand, gravel or other solid material is dug or otherwise extracted from the earth for the purpose of trade or bargain or of the employer's trade or business. (f) "Building work" means any work in the erection, construction, extension, decoration, alteration, repair or demolition of any building or structural appurtenances. (g) "Engineering work" means any work in the construction, alteration, extensio n, repair, or demolition of a railway (as hereinbefore defined), bridge, jetty, dike, dam, reservoir, underground conduit, sewer, oil or gas well, oil tank, gas tank, water tank or tower, any caisson work or work in artificially compressed air, any work in dredging, work on log or lumber rafts or booms; pile driving, moving buildings, moving safes, or in laying, repairing or removing underground pipes and connections, t he erection, installing, repairing, or removing of boilers, furnaces, engines and power machinery (including belting and other connections) and any work in grading or excavating where shoring is necessary or power machinery or blasting powder, dynamite or other high e>..1)losives is in use (excluding mining and quarrying). (h) "Employer" includes any municipality, county, person, or body of persons, corporate or incorporate, and the legal representatives of a deceased employer or the receiver or a trustee of a person, corporation, association or partnership. (L. 1915, Ch. 124, §6; L. 1919, Ch. 117, §2; S. L. 1923, Ch. 60, §4.) Workman-Definition. §4321. (i) "Workman" means any person, who has entered into the employment of or works under contract of service or apprenticeship with an employer, except a person whose employment is purely casual and not for the purpose of the employer's trade or business or those engaged in clerical work, and not subject to the hazards of the business, or one holding an official position. The term "workman" shall include "employee" and the term "employee"' shall include "workman," and each shall include the singular and plural of both sexes. Any reference to a workman, who has been injured shall, where the workman .is dead, include a reference to his "dependent family" as hereinafter defined, or to his legal" representative �8 COMPENSATION LAW or where the workman is a minor or incompetent, to his guardian or next friend. (Amended by §2, Ch. 117, S. L. _ 1919.) (j) "Dependent families" as used in this chapter means such members of the workman's family, as were wholly or in part actually dep endent upon the workman for support at the time of the injury ; if it be sho~n that the surviving spouse wilfully deserted deceased W1thout fault upon the part of the deceased, such surviving spouse will not be re(Tarded as dependent in any degr ee. No surviving spous: shall be entit led to t he benefi ts of t his chapter unless he or she shall have been married to t he deceased at the time of the injury. (Amended by §3, Ch. 138, S. L. 1921.) (k) "Child or children" means boys under sixteen years of age and girls under eighteen years of age (and over said age, if physically or mentally incapacitated from earning) and shall also include legitimate children of the injured workman born after his death from injury. In other cases questions of family dependency in whole or in part shall be determined in accordance with the fact, as the case -may be at the time of the injury; the foregoing definition of "dependent families" shall not include any of the persons named, who are aliens residing beyond the jurisdiction of the United States of America, except a surviving widow, or boys under sixteen (16) years of age or girls under eighteen (18) years of age, or parent or parents, and as to such nonresident aliens the rate of compensation shall not exceed thirty-three and one-third per cent (33 1-3 %) of the rates of compensation herein provided. (L. 1915, Ch. 124, §6; L. 1917, Ch. 69, §2; S. L. 1923, Ch. 60, §3.) (1) The words "injuries sustained in extra-hazardous employment," as used in this Act shall include death resulting from injury, and injuries to employees, as a result of their employment and while at work in or about the pr~m~ses occup_ied, used or controlled by the employer, and mJunes occurr1ng elsewhere while at work in places where ~heir employers' business requires their presence and subJects them to extra-hazardous duties incident to the business! but s_hall no~ include injuries of the employees occurrmg while on his way to assume the duties of his employm~nt ?r. afte1: leaving such duties the proximate cause of which mJury is not the employer's negligence. . (m~ . The words "injury and personal injury" shall not mclude rnJury caused by the wilful act of a third person directed against an employee for reasons personal to such em- �STATE OF WYOMING 9 ployee, or because of his employment; nor a disease, except, as it shall directly result from an injury incurred in the employment. . (n) "Invalid" means one who is physically · or mentally incapacitated from earning wages. (L. 1915, Ch. 124, §7.) • Guardian May Act. §4322. In case an ·injured workman is mentally incompetent or a minor, or where death results from the injury, in case any of his dependents, as herein defined be mentally incompetent or a minor, at the t ime when any right or privilege accrues to him under this Act, his guardian may, in his behalf claim and exer cise such right or privilege and no limitation of time, in this Act provided for, shall run, so long as such incompetent or minor has no guardian. (L. 1915, Ch. 124, §7.) If Other Than Employer is Liable. §4323. Where an employee coming under the provisions of this Act received an injury under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof, and no legal liability attaching to the employer, then and in such case such employee shall be left to his remedy at law against such other person, and compensation shall not be payable under this Act. (L. 1925, Ch. 124, §8.) ?-'his Act Governs. §4324. No contract, rule, regulation or device whatsoever shall operate to relieve the employer, in whole or in part from any liability created by this Act except as herein provided. (L. 1915, Ch. 124, §9.) Blan!{ Forms Provided by the State Treasurer. §4325. It shall be the duty of the State Treasurer to prepare, cause to be printed and supplied free for use in the administration of this law such blank forms as may be needed in the administration of the act, and the forms provided by the State Treasurer shall be used as near as may be in all procedure under the act; and it shall be the duty of the State Treasurer to provide himself with such other books, records, or forms as may be deemed necessary to expedite the transaction of business under the provisions of this chapter. The State Treasurer shall also prepare and �◄ 10 COMPENSATION LAW cause to be printed for the information ~f emp_loy~es_ and workmen such helpful instructions as will assis~ mJured workmen in correctly making claims for compensat10n. (L. 1915, Ch. 124, §10; L. 1923, Ch. 60, §5.) Employer's Re por t of Accident. §4326. Whenever an accident occur s causing injury to any workman engaged in 2.ny of the extra-hazardous employments defined by this Act , it shall be the duty ~f the employer and the inj ured employee or someone on his behalf or in behalf of the inj ured employee's dependents, if he be killed or dies from the injmy, within 20 days thereafter to make a report of such accident and t he apparent injury resulting therefrom and t o file said report in the office of the Clerk of the District Court of the county wherein such accident occurred which report shall state: (1) The name of the injured workman and the time, cause and nature of the accident and injury; also whether the injury · has disabled the workman from continuing the performance of his duties. (2) Whether the accident occurred while the workman was engaged in the duties of his employment, and grew out of the employment. (3) The nature of the employment and the duties and how long the workman had been engaged in the service of such employer. (4) Whether the accident was or was not due solely to the culpable negligence of the injured employee and .if so, a statement of the facts. (5) Whether the injured workman is married or single; whether he has a dependent family, and if so, the names of the persons comprising such dependent family and their place of residence. (6) Whether the injured workman intends to claim compensation under this Act. • · Said employer's report of accident may be made upon a printed form prepared by the State Treasurer for such pu!-poses,. and shall be verified as pleadings in civil actions. Wll!ul failure or ne~lec~ on the part of any employer whose ~usmess <_>r occupation is one enumerated and defined here~n,. as bemg extra-~azardous, to report accidents causing mJlll'Y to any _of. his employees, shall be a misdemeanor and upon conviction . such employer shall be punished by a .fine of not exceeding Five Hundred Dollars ($500.00). �STATE OF WYOMING 11 The injured employee's report of accident may be made upon a printed · form prepared by the State Treasurer for that purpose. No order or award for compensation shall be made unless in addition to the reports of accident an application or claim for award is filed by the injured workman, or someone on his behalf, or in case of the death of the injured workman, by his dependents or some one in their behalf, with the clerk of the district court in the county wherein such accident occurred, within three months after the day on which the injury occurred, provided however, if the employee's report of accident is filed within the prescribed period for filing an employee's report of accident , the period of limitatio 1 for the filing of such claim shall be nine months. Neither the reports of accidents nor anything therein contained shall constitute a claim for compensation. The employee's claim for compensation may be amended at any time before an original order of award has been made in order that the workman may correctly set out the nature of his injury. (L. 1915, Ch. 124, §11; S. L. 1923, Ch . 60, §6; S. L. 1925, Ch. 124, §1; S. L. 1927, Ch. 111, §1.) lnYes tigation by the District Judge-Procedure in Disputed Cases. §4327. Whenever an injury or death resulting from injury is reported to the Clerk of the District Court of the county wherein such injury occurred, in accordance with the preceding section, it shall be the duty of said Clerk to at once notify the Judge of said Court, that such injury report has been filed in his office. It shall thereupon be the duty of said Judge to investigate the nature of said injury and claim for compensation at the earliest possible date, in such a manner as he may deem necessary to ascertain whether the claim for compensation or the amount thereof is disputed by the employer, and if there be no dispute as to the right of the injured workman to receive compensation, or as to the amount thereof, and the claim appear to be free from collusion, said Judge sl.1al1 thereupon make an order directing payment for such compensation from the State Industrial Accident Fund in accordance with the facts by him ascertained and the terms of this law. If there be a dispute as to the right of said injured employee or his dependent family to receive compensation, or as to the amount thereof, then it shall be the duty of said Judge to set the case down for a hearing at the earliest possible date and to direct notice of such hearing to be issued by the Clerk of said Court for service upon the employer and the employee at least seven (7) days before the date fixed �12 COMPENSATION LAW for said hearing which said · notice shall be se~·ved by ~he Sheriff of said county without expense to either pa1ty, except that his actual travelin~ expenses shall be allowed and taxed as costs. The heanng shall be conducted upon t he state~ent and report filed by t he ~mplo~er and su~h formal claims as may be presented and filed ~ t_h t he Cle1k of the District Court by or on behalf of the _i~Jured workman. If the employer in his report of t he mJU!J'.', alleges that the inj ury was due solely to t he_ culpable neghgei:ce ~f the injured employee, or that the_ c_la1m for C?mpensahon is one not coming within the provisions of th1s law, then a jury may be demanded by e!ther party_ and _t he cause sha.JI be tried, as a court proceedrng. If a Jur y 1s _dema!lde?, ~t may be selected from names drawn !ro~ t he five mile h1:1it jury box, as in civil cases, at any time m term or vacat10n unless a regular jm·y panel be in attendance ~t Court ?11 t he date any such hearing may occur . The takmg of evi~ence shall be summary, giving full opportunity t o all parties to develop the facts fully. The official Court Reporter of t~e district shall attend t he hearing and make a stenographic report of the evidence without cost to either party. The Court or Judge shall direct the County and Prosecuting Attorney or other competent attorney appointed by the Court to conduct the examination of witnesses on behalf of the injured workman, ·and it shall be the duty of said attorney to appear and perform such services without expense to either party. The employer may appear in person or by counsel and introduce evidence at the same hearing. No costs shall be taxed by the Clerk except fees for witnesses, who may be subpoenaed and who shall be allowed the same fees for attendance and mileage as is fixed by law in civil actions, and jury costs shall also be taxed to and paid from the accident fund, if the verdict and judgment be in favor of the employer, but if against the employer then he shall pay the costs. At the conclusion of the hearing, the Court shall enter an order pursuant to the verdict of the jury, if a jurv be called and if no jury be called, the Court or Judge shall render a decisio~ _upon the _facts and law of t he case pursuant to the provi~10ns of this J\ct, and make an order allowing or disallowmg compensat10n, as the law and the evidence may warran~. In any proceeding before a Court or Judge as af?resaid, the Co~ or _Judge. shall have authority to ap:po~nt a duly quahfled J.l!1Parhal physican to examine the mJu:ed employee a~d give testimony. ·The fee for such service shall be Five ($5.00) Dollars unless otherwise ordered by. the Court .with mileage all~wed, as is allowed to other W1;tnesses, which sh~ll be taxed, as costs, -and paid as other witness fees are paid. The employer or employee �STATE OF WYOMING 13 may at his own expense also appoint a qualified physician, who may attend and be present at any such examination of an injured employee and give testimony at such hearing or investigation. (L. 1915, Ch. 124, §12.) Appeal to Supreme Court. §4328. Any order given and made in any in vestigation or hearing by a Court or Judge pursuant to the provisions of this chapter shall be reviewable by the State Supreme Court on proceedings in enor in the manner prescribed by t he code of civil procedure; provided, however, that the petition in error, bill of exceptions and record on appeal must be filed in the Sup1·eme Court within t hirty (30) days from the date of decision or order on motion for new trial by a Court or a Judge, unless t he time be extended by order of court or Judge, and thirty (30) days shall be allowed all parties thereafter for filing briefs and said appeal shall be advanced on t he calendar and disposed of as promptly as possible. In case an appeal to the Supreme Court is prosecuted on behalf of the injured workman, the County and Prosecuting Attorney, or other attorney representing said workman, shall order a transcript of the record of the hearing and proceeding to be prepared by the official Court Reporter of the District wherein said injury occmTed and duly certified ,vithout cost to said :injured workman, and said County and Prosecuting Attorney or other attorney shall order the papers on file in the office of the District Court to be by said Clerk prepared, transcripted, certified and forwarded to the Clerk of the Supreme Court without cost to the injured workman, and the proceedings in the Supreme Court shall be conducted on behalf of the injured workman by the Attorney General of the State as a part of his official duties, and by other attorney representing said workman. In case an appeal be prosecuted on behalf of the employer, the record of the proceedings at the original hearing shall be supplied without cost to such employer, but such employer may employ counsel to conduct such appeal on his behalf.. The Court granting an appeal to an employer from an order of award shall stay, until the appeal is finally determined, the payment of said award or that portion thereof appealed from upon such terms as may to the Court seem just and proper. (L. 1915, Ch. 124, §13; S. L. 1925, Ch. 124, §2.) Court Order Recorded-Copies to Auditor and Treasurer. §4329. Every order given and made by a District Court or Judge awarding payment from the Industrial Ac- �14 COMPENSATION LAW . . d 1 yee or his dependent family, cident Fund to an mJure d e;ip ti Clerk of t he Court where shall be entered of ~-ecorh _Y f eh 11 be immediately made given and tr ue copies t er eo s a St t A f . d bY s ai·d Clerk and for warded the an d cer.... d ie . fto w , ·a e u-d 0 ditor and State Treasurer,. r espectively, J ?mmJ't shall be by each of said officers entered upon a I i cor t~ e known as the Compensation Docket and shall e au ority and direction of t he State Auditor to i_ssue w~rrants for compensation awards against the Industrial Accident F ~nd and for the State Treasurer to pay such compensation awards from said fund. ab Industrial Accident F und-A ppropr iation. §4330. There is hereby created a fund to be kno wn as the "Industrial Accident F und," which shall be held by t he State Treasurer and by him deposited in such banks as are authorized t o receive deposits of the fund s ?f. t he Stat~. The Treasurer in making said deposits shall divide t he said Industri al Accident F und into two distinct funds, one to be kno,vn as the "General Fund" and t he other to be known as the "Reserve Fund." The "General .F'und" as near as may be, shall be used for payment of all awards 1 claim~ a nd items of expense chargeable against the In fo stnal Accident Fund, and t he "Reserve Fund" shall not be used for ~ny ·<?f said payments unless the "General Fund" at the time 1s insufficient to meet the demands upon it , in \vhich case the Treasurer shall transfer from t he "Reserve Fund" to the "General Fund" a sufficient amount to meet ·the . immediate demands upon said "General Fund." The purpose of creating said "Re.~erve Fund" is to provide a fund within the Industrial Accident Fund sufficiently large to pay great and unusual demands upon the Industrial Accident Fund which might be caused by a large disaster or · by several such disasters occurring within a short time, and the "Reserve Fund" shall be kept apart from the "General Fund" and as near as may be unused in accordance with said purpose. Within thirty days from February 20, 1919, the State Treasurer shall set aside in the "Reserve Fund" Three Hundred Thousand Dollars ($300,000.00), and thereafter shall set aside in this said "Reserve Fund" at the end of ea~h ~onth twenty-~ive per cent (25%) of all moneys received m the Industnal Accident Fund during said month in excess of the amount expended, the balance of moneys so received to be used in the "General Fund." Three-fourths of the "Reserve Fund" shall be as near as may be kept invested in_U~ited State~ _Government Bonds, State, County, School District or Mumcipal Bonds. All moneys received by the State Treasurer under the provisions of this Act shall become a part of the Industrial Accident Furid. All fees or �STATE OF WYOMING 15 mileage of witnesses, jurors and physicians adjudged to bepaid from the· accident fund in any court proceeding under this Act, and all contingent expenses incurred in preparing for and in the administration of this Act shall be paid from the Industrial Accident Fund on proper vouchers and warrants. (L. 1915, Ch. 124, §15; L. 1919, Ch. 117, §15.) "Employer's Assessment" §4331. Every employer engaged in any of the occupations herein defined, as e}d;ra-hazardous, is hereby required to pay into the State Treasury for the benefit of the Industrial Accident Fund a sum of money equal to one and one-half per cent (1½ %) of the money earned by each of his employees engaged in such extra-hazardous employment during each calendar month of uch employment. Such payment shall be so made on or before the 15th day of the month follov.ring the month for whi ch such payments are computed and paid . Each employer shall continue to make mont hly conh·ibutions as above provided unless his account after making the hereinafte1· specified deductions therefrom shall equal full two per cent (2 % ) of his annual payroll computed by multiplying his current months payroll of workmen engaged in extra-hazardous employment by twelve and shall likewise be not less than Three Thousand Dollars ($3,000.00) ; provided, however, that any employer whose account is overdrawn shall be required to pay monthly a sum of money (including the payments as above specified) equal to four per cent (4 %) of the moneys earned by each of his employees engaged in such extra-hazardous employment during each calendar month of such employment until such overdraft shall be paid. Such employer shall- not be compelled to contribute when his contributions in the fund, after making deductions as aforesaid, shall equal two per cent (2 %) of his annual payroll, and shall likewise be not less than Three Thousand Dollars ($3,000.00). In addition to the other payments required by this section to be paid into the Industrial Accident Fund, every employer engaged in any of the occupations herein defined as extra-hazardous shall make a payment to be known as a "service and policing charge." Such service and policing charge shall be paid by the employer into the State Treasury for the benefit of the Industrial Accident Fund and shall not be credited to the balance of the employer ·contributing. The amount of balance in the Industrial Accident Fund to the employer's credit shall not relieve him . of his duty and liability to pay the •service and policing charge; provided, however, that no employer who pays for �COMPENSATION LAW 16 any calendar month four per cent of the moneys earned by each of his employees engaged in such extra-hazardous employment during such calendar mont h shall be compelled to pay a service and policing charge for such month. The ser vice and policing charge shall be computed on the monthly premium paid by t he individual employer into t he State Tr easury for t he benefit of the Industrial Accident Fund during each calendar month or on the premium which t he employer would have been required to pay had not the amount of t he employer's balance relieved him from t he payment of a premium. The amount of the service and policing char ge shall be determined according to the following schedule: Where the Monthly P ayment is- ,Service and Policing Charge for the Month Less than $10.00 ___ _______ __ __ ____ ____ $ 2.00 00 i~ ~g:gg i~f l. ============= f·o• o 40.00 " $ ~g:gi $ 30.01 to 40.01 to 50.01 to 60.01 to ============= 50.00 60.00 70.00 " " " ___ ___ _____ __ _______ __ ____ 16:gg 15.00 20.00 ~g:gg 90.01 to 100.00 100.01 to 250.00 250.01 to 500.00 500.01 to 750.00 750.01 to 1000.00 1000.01 to 2500.00 2500.01 to 5000.00 Over $5000.00 :: " " ,, " " ,, ,, ---- - - - --- - -------------------------------------------------------- - ----------------------------------------- 25.00 30.00 35.00 50.00 75 .oo 100.00 125.00 150.00 175.00 209.00 ~8:8i i~ -----------------------For the purpose of encouragin . the employers and· thus decreasing !cc1~~~t~~ the plart of and to the end that each em . o emp oyees, injuries to the workmen of s P1hyer shall compensate all of other employers, the State uTr em~loyer and not those arate account for each employ _easmer s~all !ceep a sepfund and shall charge a ainst er so contnbutmg to said all warrants paid from fhe Indt~et ~c coAunt_of each employer. na1 cc1dent Fund. (a) As awards for inJ·u .• t O ployer. nes employees of such em0- �STATE OF WYOMING 17 (b) In payment of medical and surgical supplies and medical or hospital attendance of an employee of such employer. (c) ·In payment for investiga)tions of accidents of such employer, or in payment of investigations of injuries to his employees. (d) In payment of witness fees in cases wherein an order of award is granted to the employee of such employer. (L. 1915, Ch. 124, §16; S. L. 1917, Ch. 69, §3; S. L. 1919, Ch. 117, §4; S. L. 1923, Ch. 60, §7; S. L. 1925, Ch. 124, §3; S. L. 1927, Ch. 111, §2.) Copy of Payroll to State Treasurer. §4332. It shall be the duty of each employer to forward to the Stat e Treasurer on a blank form provided by said State Treasurer a true copy of his pay-roll of persons in his employ engaged in extra-hazardous employment during the cun-ent calendar month, sworn to either by himself or the person having knowledge of said pay-rolls. Each employer, unless otherwise supplied with the last above blank forms, shall seasonably apply to said State Treasurer for the same. It shall further be the duty of each employer heretofore mentioned to notify the State Treasurer in the event that he has ceased to employ workmen in occupations of an extra-hazardous nature as defined by this Act. Any failure of any such employer to file with said State Treasurer a copy of his pay-roll as herein provided, shall be a misdemeanor, and any wilfully false statement in any affidavit made . as herein provided shall likewise constitute a misdemeanor, and any misdemeanor committed as in this Act provided shall be punishable by a fine of not more than Five Hundred · ($500.00) •Dollars. (L. 1915, Ch. 124, §17; L. 1917, Ch. 6~, §4; L. 1919, Ch. 117, §5; S. L. 1923, Ch. 60, §8.) Powers of State Treasurer and Attorney General. §4333. The State Treasurer is authorized and empowered for the purpose of enforcing the provisions of this act to appoint two inspectors, the salaries and actual and necessary traveling expenses of such inspectors to be paid out of the Industrial Accident Fund. In case any employer engaged in any extra-hazardous business or industry, as defined by this Act, shall fail or refuse to pay the assessment upon his current monthly pay-roll, as is required by this Act, he shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred �18 COMPENSATION LAW Dollars ($500.00) , and in addi tion to the sa}d fin e it s~all be t he duty of the Attorney General of t his State to rn~mediately bring suit in the name of t he ~tate for t he benefit of t he Industrial Accident F und agams~. su_ch emplo~er for t he collection of such assessment, 3:nd 1f_a Judgm ent ror t he r ecover y of said assessment be . given m ~avor o~ t he State for t he use and benefit of t he Industnal Accident Fund said judgment shall be fo r doubie t he amo unt of t he pay-r~ll assessment pr ovided in Sect10n 4331 hereof, together with costs. (L. 1915, Ch . 124, §18; L. 1917, Ch . G9, §5; S. L. 1923, Ch. 60, §9; S. L. 1927, Ch. 111, §3.) Compensation Schedule. §4334. Each employee, who shall be injured in any of the extra-hazardous employments, as herein defined, or t he dependent fam ily of any such injured ·workman, who may die as t he r esult of such inj uries, except in case of injuries due solely to t he culpable negligence of such injured employee, shall receive out of t he Industrial Accident F und, co:mpensation in accordance wit h t he following schedule, and such payment shall be in lieu of and take t he place of any and all rights of action against any employer contributing, as required by t his Act to the Industrial Accident Fund in favor of any per son or persons by r eason of any such injuries or death. (a) "Permanent partial disability" means the loss of either one foot, one leg, one hand, one arm, one eye or the sight of one eye, one or more fingers, one or more toes and di~l~cation where the ligaments are severed, or any o!her. ~nJury known to surgery to be permanent partial d1sab1hty .. f"or any p~rmanent p_artial disability hereinafter specifically descnbed, resultmg from an injury the workman shall receive a lump sum as follows: ' For the loss of a thumb_____ ________ $ 225.00 For the loss of a first finger _______ -------= • 200.00 For the loss of a second finO'er 150 00 For the loss of a third finge; __ =-------- - 150:00 For the loss of a fourth finger _________ ----150.00 For the loss of a palm (metacarpal bone)--- -600.00 For the loss of a hand_____________ -- - -- 1 00 00 FFor tthhe Ioss off an arm atbor below elb~.;:,====== 1:ioo:00 or e 1oss o an arm a ove elbow__________ 1,500.00 For Anky-los_is. (~otal stiffness of) or cont.ractures (due to scars or mJur1es) which makes the fingers more t~an useless the same ar_nounts apply to such fin er or fmgers (not thumb) as given above. _ g �STATE OR WYOMING 19 The loss of a t hird or distal phalange of the t humb shall be considered to be equal t o the loss of one-half of s uch t hum b; t he loss of t he more t han one-half of such t humb shall be considered to be eq ual to t he loss of the ·whole t humb. The loss of a t hird or distal phala nge of a ny finger shall be consider ed t o be equal t o the loss of two-t hirds of such finger . The loss of more t h an th e middle and distal phalanges of any finger shall be consider ed to be equ al t o t he loss of t h e ·whole finger; provided, h owever , t hat in no case s hall the amount received for more t han one fi nger exceed t he amount provided in t his schedule for the loss of a hand. For t he loss of a gr eat toe _____ __ ____________ _ $200.00 For t h e loss of one of t he toes other t han great toe 150.00 The loss of more than two-thirds of any t oe shall be consider ed eq ual t o the loss of t he whole toe. The loss of less than t wo-t hirds of any toe shall. be considered equal to t he loss of one-half of t he toe. F or t he loss of a foot_ _____ ___ ___ ___________ $1,000.00 For the loss of a leg below the knee_____ ___ __ 1,200.00 For the loss of a leg above the knee_______ __ _ 1,500.00 For the loss of an eye or the sight thereof_ ___ 1,500.00 For any oj,;her inj ury known to surger y to be permanent partial disability , the workman shall r eceive a sum in the amount proport ional to the extent of such permanent partial disability based as near as may be upon the foregoing schedule, but in every such case t he amount allowed for the injury shall be paid in monthly installments at the rate of Fifty Dollars per month if the workman be unmarried at the time of the injury, and at the rate of Sixty Dollars per month if the workman has a wife with whom he is living at the time of the injury, provided, however, that the court making such award shall retain jurisdiction of the same until said award shall have been fully paid, with power to modify or change the amount of the award to conform to any change in the condition of the injured workman, and shall have power at any time during said period, upon application and hearing, with notice to the employer, and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the injurea workman as a lunip sum. (b) "Permanent total disability" means the loss of both les-s or both arms, total loss of eyesight, paralysis or �,, '' 20 COMPENSATION LAW other conditions permanently incapacitati?g the work~an from performing any work at any gamful occupat10n. Where there has been a previous disability, as the loss of one eye, or the sight thereof, one hand, one foot, or a1:y o~~er previous permanent disability, the percei:tage of disabil_ity for a subsequent injury shall be determined_ by. ~eductm_g therefrom the percentage of the previous disability, as it existed at the time of the subsequent injury. When permanent total disability results from the injury the workman shall receive the sum of Four Thousand ($4,000.00) Dollars, but in every such case the amount allowed for the injury shall be paid in monthly installment s at t he r1:1-te of Fifty Dollars per month if the workman be unmarried at the time of the injury, and at t he rate of Sixty Dollars per month if t he workman has a wife with whom he is living at the time of the injury; provided, however, that the court making such award shall retain jurisdiction of the same until said award shall have been fully paid, with power to modify or change the amount of the award to conform to any change in the condition of the injured workman, and shall have power at any time during said period, upon application and hearing, with notice to the employer, and a showing of the necessity therefor, to order all or any part of t he unpaid balance of the award to be paid to the injured workman as a lumJj sum; provided that if the workman shall die leaving an unpaid balance of the award, then such unpaid balance shall be returned to the Industrial Accident Fund and be credited to the employer's balance. If the workman suffering such permanent total disability fiave a boy or boys under sixteen (16) years of age, or girls under eighteen (18) years of age, the guardian of such child or children, appointed as hereinafter provided, shall receive for the use and benefit of said child or children, a lump sum of One Hundred and Twenty ($120.00) Dollars per year for each boy under sixteen (16) years until the time when each of said boys shall become sixteen (16) years of age, and a lump sum of One Hundred and Twenty ($120.00) Dollars _Per ye~r for each girl und~r eighteen (18) years of age until the time when each ~f said girls shall become eighteen (18) years of age; provided that the aggregate lump sum paid to said guardian shall in no case exceed Four Thousand ($4,000.00) Dollars, and any and all awards made on account of any such child or children shall be disbursed under a pro:per guardianship to be c;eated by the Court or Judge makmg such award . . (c) "Te~porary total disabilit.(y" means an injury which thoug!'i it .maY: Fesult or does result in a permanent total or partial disability, temporarily incapacitates the in- �STATE OF WYOMING 21 jur~d person fr?m performing any work at any gainful occupat10n for the time, but from which injury such person may recover by medical or surgical t reatment and be able to resume work. In such case, if t he workman be unmarried at t he t ime of t he injury he shall recei ve t lie sum of Fifty ($50.00) p ollars per month, so long as t he total disability shall cont inue. If he have a wif e with whom he is living at t he time of t h e inj ury, he shall receive Sixty ($60.00) Dollars per month, and if he have boys under sixteen (16) year s of age or girls under eighteen (18) yea.rs of age or both he shall r eceive for each Seven and One-half ($7.50) Dollars'per month, but the total monthly payments shall not exceed Ninety ($90.00) Dollars per month. No compensation except t he expense of medical attention shall be allowed for th e first seven (7) days of disabi lity, unless the incapacity extends beyond t he period of twenty-one (21) days, in which case t he compensation shall run from the t ime of t he inj ury. As soon as r ecovery is so complete t hat t he ea.m ing power of t he workman at any kind of work is r estored, t he payments shall cease, but in no case shall the total payments made in s uch cases exceed in t he aggregate t he lump sum amount herein specified to be paid an injured workman for injuries causing perma nent total disability. When the workman has non-resident alien children he shall receive only one third of the sum above fixed for boys under sixteen years of age and girls under eighteen years of age. (d) In all cases of temporary total disability, permanent partial disability and permanent total disability, the expense of medical attention and of care in hospital of the injured workman shall be paid from date of said injury, the expense of medical treatment not to exceed One Hundred and Fifty ($150.00) Dollars in any case and the expense of care in hospital not to exceed One Hundred and Fifty ($150.00) Dollars in any case, unless under general arrangement the workman is entitled to medical attention and care in hospital, . or the employer furnishes adequate and proper medical attention and hospital facilities to his employees, provided, however, that no bill or fee for medical attention or care in hospital shall be allowed or paid without notice to the employer and a hearing if requested by said employer. The State Treasurer shall have the power to establish a schedule fixing the fees for which all medical, surgical, hospital or other legalized forms of treatment rendered to employees under this .section shall be compensated. Each physician or surgeon attending a workman injured while engaged in extra-hazardous occupation shall file with the Clerk of the Court of the county within which such injury occurred and with the State Treas- �22 COMPENSATION LAW urer under rules to be pr.esci··1bed b )'. the . Stat e Treasurer . f ha full and complete report fully d~scn bmg th e ~ a~m 0e1 injuries to such workman ; pr?v1d_e? t hat SU? / eP, s \1 not be r equired unl ess t he d1sab1hty _r~sul t m"' f ~~m su~ inj ury last· through t he day or. the m~ ury 1:eq u1~e me ical services other t han the ordmary fll'st aid treatment. Any physician or surgeon faili ng to fi~e any report 8:s herein provided hall be punished by a fme of not more t h_an Fifty ($50.00) Dollars. Where death _results from an mjUl'y t he expense of burial shall be pa1~ not to exceed One Hundred and Fifty ($150.00) Dollars m any case, unless ot her arrangements exist between employer and ernp~oyees under agreement . (S. L. 1923, Ch. 60, §11; S. L. 1920, Ch. 124; S. L. 1927, Ch. 111, §4.) .f J i (1) But if the wor kman leaves a widow or i!walid widower to whom she or he has been regularly marned by a marri~ge duly solemnized by a legal ceremony, such s urviving spouse shall receive t he sum of Two Thousand ($2,000.00) Dollars, but in ever y such case t he said award shall be paid in mont hly installments at t he ra te of Fortyfi ve ($45.00) Dollars per mont h; provided, however, that t he co urt making such award may upon application and hearing, wit h notice to the employer and a showing of the necessity therefor, order all or any part of the unpaid balance of the award to be paid to the surviving spouse as a lump sum. If the surviving spouse shall re-marry before all of said award has been paid, then he or she shall only be entitled to recei ve the sum of Two Hundred and Seventy ($270.00) Dollars out of the unpaid balance of said award, and further payment shall cease, and any balance of 'the award shall return to the General Fund and the same shall be credited to the employer's balance; if the surviving spouse shall die before all of said award has been paid then further payment shall cease and any balance of the award shall return to the General Fund and the same shall be credited to the employer's balance. Provided, further, that if it be shown that the surviving spouse wilfully deserted deceased without fault upon the part of the deceased, such surviving spouse shall not be regarded as a dependent in_ any degree, but in such case the right of boys under sixteen (16) years of age and girls under eighteen years of age to compensation shall not be defeated. If said workman leaves a surviving boy or boys under sixteen (16) years of age_or girl or girl~ under ~ighteen (18) years of age, the guardian of such child or children appointed as hereinafter provided, shall receive for the u;e and benefit of said child or children, a lump sum of One Hundred and Twenty· ($120.00) Dollars per pear for each surviving boy �STATE OF WYOMING 23 un_der six~e~n (16) years of age until the time when each of said surv1vmg boys shall become sixteen (16) years of age, and a lump sum ~f One Hundred and Twenty ($120.00) Dollars per year for ~ach surviving girl under eighteen (18) years of age until the time when each of said survivi1~g girls shall become eighteen (18) years of age; provrded ~hat the aggregate lump sum paid to said guardian shall 111 no case exceed Three Thousand Six Hundred ($3,600 .00) Dollars. In all cases where an order of compensation is made on account of boys under sLxteen (16) years of age, or gir)s under eighteen (18) years of age, or both, or to per sons incompetent, said fund s hall be disbursed under a proper guardianship to be created by the Co urt or Jud ge making s uch an order. (2) If t he inj ured workman di e during the period of temporary total di sability and after receiving compensation therefor, as herein provided, and his death be shown to have resulted from such injuries, the widow and the guardian of the workma n's boys und er sixteen (16) years of age and girls under eighteen (18) years of age shall be entitled to an a,vard because of the death of the workman as herein provided, but the total amount of payments in excess of Two Thousand Four Hundred ($2,400.00) Dollars received by the injured workman during such disability and prior to his death shall be proportionately deducted from the amounts herein provided to be paid to the surviving widow and the guardian of the workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age. (3) If any workman die within one year from the date of receiving an award for permanent partial disability and his death be shown to have resulted from the injuries for which the award was granted, the widow and the guardian of the workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age shall be entitled to an a·ward because of the death of the workman as herein provided, but the amount of the payments received by the injured workman prior to his. death. shall ~e proportionately deducted from the amounts herem ~rovided to be paid to the surviving widow and the guardian of the workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age. ( 4) If any workman die within two years f~cim. ~he date of receiving an award for permanent total d1sab1hty and his death be shown to have resulted from his injuries, the widow of said workman shall be entitled to an award because of the death of the workman as herein provided, but the amount of the payments received by the injured �24 COMPENSATION LAW workman in excess of $2,000.00 prior to his death shall be deducted from the amount of her award. (5) If the workman leaves no widow, o~· widower or boy under the age of sixteen (16) years, or g1rl under the age of eighteen (18) years, but leaves a parent or pare1;1ts surviving such survivino- parent or parents shall receive a lump s~m of One Thou:and ($1,000.00) Dollars; provided a parent or parents who are non-resident aliens shall receive a lump sum of one-third of One Thousand ($1,000.00) Dollars. (L. 1915, Ch. 124, §19; S. L. 1917, Ch. 69, §6; S. L. 1919, Ch . 117, §6 ; S. L. 1921, Ch. 13_8, §7; S. L. 1923, Ch. 60, §11; S. L. 1925, Ch. 124, §4; S. L. 1927, Ch. 111, §5.) Forfeiture by Injured Emp loyee-Payme nt Withheld . §4335. If any injured employee shall persist in unsanitary or injurious practice, which tends to imperil or retard his recovery, or if he shall refuse to submit to such medical or surgical treatment, as is r easonably essential to promote hi s recove1-y, he shall forfeit all right to compensation under this Act; and ,vhere a n injured employee is under care and t reatment of a physician, he shall no t be permitted to perso nally receive or use any compensation payments allowed him under this Act, except upon the order of such physician, but such payments shall be withheld and delivered to such injured workman upon his recovery or discharge . by such physician. Exemption from Execution or Attachment. §4336. No money paid or payable under this Act out of the Industrial Accident Fund shall, prior to issuance and delivery of the warrant therefor be capable of being assigned, charged or ever be taken in execution or attached or garnisheed, or shall the same pass to any other person by operation of law any such assignment or charges shall be void. Minor Workmen. §4337. A minor working at an age legally permitted under the laws 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 injury to such minor workman, except as expressly provided in this Act but in the event of a lump sum payment becoming du~ under this Act to such minor workman, the management of same shall be within the probate jurisdiction of the Courts the same as any other properties of minors. ' �STP,..TE OF WYOMING 25 Extra-Hazardous Public Work-Contract Work. §~3~8. Whenever th~ State, county or any municipal corpoiat10n shall engage m any extra-hazardous work in wh1~h workmen are employed for wages, this Act shall be apph~able th_ereto. The employer's payments into the Industrial Accident Fund shall be made from the Treasury ~>r the State, county or municipality. If said work is bemg done by contract, the payroll of the contractor and ~he sub-contractor shall be the basis of computation and ~n the case of contract v. oTk consuming less than one year m performance the reqmred pay'm ent into the accident fund shall be subject to the provisions of this Act and the State for its general fund, the co unty or municipal corporation shall be entitled to collect from the contractor the full amount payable to the Industrial Accident" Fund and the contractor in turn, shall be entitled to collect from the sub-contractor his proportionate amount of payment, the provisions of this section shall apply to all extra-hazardous work done by contract, except that in private work the contractor shall be responsible, primarily and directly, to the Industrial Accident Fund for the proper percentage of the total payroll of the work and for the amounts due it, and the owner of the property affected by the contract shall be surety for such payments. Whenever and so long as the state law, city charter or municipal ordinance, provision is made for municipal employees injured in the course of employment, such employee shall not be entitled to the benefits of this Act and shall not be included in the pay-roll of the municipality under this Act. Safety Devices. §4339. Nothing in this Act contained shall repeal any existing law , providing for the installation or 11!-aintenanc_e of any device, means or method for the prevention of a_cc1dents in extra-hazardous work or for a penalty or pumshment for failure to install or maintain any such protective device, means or method. Fees for Services in Procuring Compensation Limited. §4340. It shall be unlawful for any person ?r any number of persons acting togeth~r or separately or m any way, including attorneys, agents, mte~pret~rs, an~ all other _pe~sons, to receive or agree to receive _e1_th~r directly OF md1rectly from any beneficiary or beneficiaries _under. t~1s Act, for services rendered or to be rendered, e1th_er Jomtly _or separately, in relation to procuring any ben~fit or benefits under this Act, any sum or sums aggregab,ng more than �26 COMPENSATION LAW fi ve percent um of t he whole amount r eceived or to be received by such benefi ciar y or beneficiaries on accoun~ of injuries to a ny employee, and in no event to exceed F 1f~y ($50.00) Dollars. Every person violating or concerned_ m t he violat ion of the provisions of t his section shall be g ~1lty of a misdemeanor and upon conviction t hereof shall be f med not less t han fi ft; dollars nor mor e than fi ve hundr ed dollars, to which may be added imprisonment in t he ~o unty j ail fo r a t erm not exceeding ninety days. It shall ne t he du t y of the county and prosecuting attorn ey of the cour:ty in ·which any injury occ urs to give all necessary legal a dvice to any injured workman or his dependent, who may seek advice in making and fil ing claims for compensation, an d to prepare all statements of claim or other papers necessary or advi sable to be £iled by such ·w orkman or depend ents, free of all char ges and co. ts. (Amended by s 8, Ch. 138, S. L. 1921.) Ph ys icians Re quired to Tes tify. §4341. Any physician having attended an employee in a professional capacity may be r equi red to test if y before any Court or Judge wh en so directed in cases comi ng within t he provisions of t his Act, and t he law of privileged communicati on between physician and patient, as fi xed by statutes, shall not apply in such cases. False S tat ement by Employee. §4342. Any employee or workman who shall m.a ke or cause to be made on his behalf any misrepresentation or fal se statement for the purpose of receiving compensation under this Act to which he is not lawfully entitled shall be guilty of a misdemeanor, and shall, upon conviction, be fined not more than Three Hundred ($300.00) Dollarn or imprisoned for not more than ninety (90) days. Statistics Compiled by State Treasurer. §4343. It shall be the dut~ of the State Treasurer to secure and compile statistical information concerning accidents, occurring in the extra-hazardous employment defined by this Act, showing the number of accidents or fatalities occurring in each of said employments, the amount paid in by each employer coming within the provisions of this Act; the amount paid out on account of injuries or death resulting from injuries in such employments and 'any other information relating to the operation or administration of this law that may be of interest and to make a full report thereof, together with such recommendations as he �STATE OF WYOMING 27 may .deem proper for changes or amendments herein and to pu blish a full repor t thereof, t o the Governor on 0 ; before t he 31st day of December in each year. (Amended by §7, Ch. 69, S. L. 1917.) State T reas urer l\Iay E xa mine Empl oye r's n oo ks. §4344. The State_ Treasurer may at any ti me on t wenty-four ho ur s notice, (unless such notice is waived ~Y t ~e employer) either in person or thro ugh any authorized rn spector, agent or deputy, exami ne t he books, accounts or pa:yrolls of a:ny emp!~yer at ~my t ime for t he p urpose of securmg an y mformatwn desU"ed in t he administra tion of t his Act. (S. L. 1927, Ch. 111, §6.) Disabled , v nrkm en E xa mined 1Jy E mploye r's P11ysician-Rccover y RepQr ted to Cour t. §4345. Any workman awarded compensation for temporary total disability under this Act as defi ned by clause (c) of Section 19 hereof shall, if t hereaf ter r equested by his employer, submit himself for medical examination by a physician licensed to practice medicine in t his State, at a place designated by t he employer and which shall be reasonably convenient for the workman, and said workman may have a licensed physician present of his own selection. The purpose of s uch examination shall be to determine whether the workman has recovered so that his earning power at any · kind of work is restored. If it be agreed that the workman has r ecovered so that his earning powe1· at any kind of . work is restored, the fact shall be reported by the employer and said physician to the Judge of the District Cour t who made the award in the first instance, or if there be a dispute as to the recovery of the workman and his restoration to earning power, it shall be likewise reported to said Judge by filing a statement in either case in the office of the Clerk of the District Court of the county where the award was made and the matter shall be disposed of in such manner as said Judge may deem proper under the facts. If said Judge find that said workman has recovered and_has been restored to his earning power and that compensation should be discontinued · his decision and judgment in the premises shall be certifi;d to the State Auditor and State Treasurer and shall be authority and direction to said officers to discontinue compensation payments. ~f t~e workman in such case refuse to submit to such exammahon or obsh·ucts the same, his right to monthly payments shall be suspended until such examination has taken place, and no compen~ation shall be payable during or for account of such period or refusal. �I I' 28 COMPENSATION LAW Employee's Statement of Dependent Persons. §4346. All employees or workmen coming wit_hin the provisions of t his Act shall be required upon enterm~ service in any of the extra-hazardous employments ~erem defined to make and sign a written statement sett mg forth the names of the per sons dependent upon them for support or constitu ting member s of t heir dependent families, in each case giving t he names and ages of t heir boys under ~he age of sixteen (16) years and gir ls under the age of eighteen (18) years. Accounts I nactive Thr ee Yea rs to Be Closed. §4347. Any balance standing to the cr edit of any employer in t he Industrial Accident Fund for three years after said employer shall have ceased to engage in Wyoming in the occupation on account of wh ich his said contributions ha ve been made shall be debited from his accou nt to the profit and loss account of said fund, and said employer's account shall be t hereupon fin ally closed, and thereafter the said balance shall permanently r emain a part of t he Industrial Accident Fund. Payments of Employers N ot to Be Refunded-Transfer and Assignment. §4348. All payments made into the Accident Fund by any and every employer under the provisions of this Act shall be taken as paid and received in consideration of the indemnity to such employer by reason of his contributing to the Industrial Accident Fund, and in consideration of the payments made by the State to such fund. Provided, that when any employer engaged in an extra-hazardous occupation as defined in this chapter, has heretofore sold and conveyed, or shall hereafter sell and convey his or its property to a purchaser whq continues to conduct and carry on said business at the same place the seller shall be entitled to transfer and assign to the purchaser all rights, benefits, privileges and immunities accruing to such employer by virtue of any sum then on deposit to his or its credit in the Industrial Accident Fund in the State Treasury under the provisions of said Act; and upon filing such assignment with the State Treasurer, the purchaser shall succeed to all said rights, benefits, privileges, immunities of said employer. Said purchaser shall be subject to obligations of compensation against the seller incurred and existing at the date of such assignment; provided, that no part of any moneys so paid in by any em_ployer shall ever be refunded to him either during the time when he continues in business as such �~ STATE OF WYOMING 29 employer, or a:ter he c~ases such business. Provided that ;~~ei;~wti,n gkund;r tche provisi?ns of said Act or men s ompensabon Fund " the sum of at least ~5,000.00, and Provided further if this' cha _ ter •shall or held 1·nval"d P h • be• he1 th eafter • d repealed . 1 , th e moneys whic am 11: . e m ustrial f~nd at the time of disposition as ~ay _be Pl ov1_d~d by the legislature, and in default of such leg1slat_1ve pro:71s1~n, distribution thereof shall be in accordan~e w~th the Justice of the matter, due regard being had to obhgat10ns of compensation incurred and existing. (Amended by §1, Ch. 76, S. L. 1921.) :~:rr ;;?i~~~l Rights of Action. §4349. Nothing i_n !he Workmen's Compensation Law shall be constru~d to hm1t or affect any right or action by ~n employee agamst an employer for injuries received while 1~ the employ _o~ s~ch ~mployer when such employer at the tim_e of such mJur1es 1s not contributing to the industrial accident fund as provided in this Act. Right of State Treasurer to Appeal. §4350. The State Treasurer shall have the right to appeal to the Supreme Court from any final order or judgment in any District Court of the State awarding compensation or declining to award compensation although he was not a party to the proceedings in such District Court, apd upon the perfecting of any such appeal the Court allowing the appeal shall issue an order staying the execution of the final order or judgment appealed from without requiring any bond. The Attorney General shall act as the attorney of the State Treasurer in every such appeal, and each appeal shall be conducted without expense to the Industrial Accident Fund. (S. L. 1925, Ch. 124, §5.) Date for Filing Prior Claims. §4351. All bills or claims for medical, surgical or hospital services rendered to any injured vi.:orkman under the provisions of the Workmen's Compensat10n Act more than thirty (30) days prior to the date. this law becomes effective shall be filed with the District Court of the. propE:r County within fifteen (15) days afte:r: the dat~ on which ~his Act becomes effective, and no such bill or claim for services or expenses whatsoever shall be allowed by the Court or paid from the Compensation Fund unl~ss the employer sh3:ll have prior notice thereof and a hearmg be had thereon 1f a hearing is requested by the employer. '· �30 COMPENSATION LAW Bills to Be Itemi zed-Time for F iling. §4352. All bills fo r medical attendance, expense or disbu rsements, and for hospital services, shall be properly dated, itemi zed and verified by the claimant or the same shall be disallowed by the Court, and every doct or who shall attend an inj ured workman shall within ten (10) days after t he fi rst of t he mont h succeeding t hat in which h e Tendered ser vice to the inj ured workman fil e with t he Clerk of th e Dish·ict Court of the proper County, his itemized and verified bill for all services rendered by h im and expense incurred in behalf of t he injuxed workman during the previous month, and shall send a copy thereof to the Stat e Treasurer , and all claims for medical attendance or medi cal services not so filed within the t ime specified sh all be disallowed by th e Court. N otification by Doctor. §4353. E very doctor who accepts the case of an injured workman, and every hospital which accepts the case of an injured workman shall wit hin ten days after accepting such case file a written notice t hereof with the Clerk of the District Court, and shall send a copy of such notice within said ten (10) days t o t he State Treasurer and anot her copy within said period to t he employer of the injured workman. Any doctor or hospital failing or refusing to file the notice within the time designated with the Clerk of the Court or to send copies thereof within said period to the State Treasurer and the employer of the injured workman shall forfeit any remuneration or award from the Compensation Fund for any services, care or attention rendered to such injured workman or any facilities furnished to him. Awards. §4354. Every award within the meaning of this Act is a judicial determination of the rights of the employer, the employee and the Industrial Accident Fund as to all matters involved. No award of compensation or allowance of any expense or claim chargeable against the account of any. employer contributing to the Industrial Accident Fund shall be made without notice to such employer and hearing unless such employer shall consent thereto. Re-opening of Cases. §4355. The State Treasurer shall have the right to cause any case to be reopened in which an order of award has been made, provided he shall cause a petition for the reopening of the case to be filed with the court which granted �STATE OF WYOMING 31 'the award, within thirt~ days after the date on which the order of ~\\_'ard was received in the State Treasurer's office. Such petit10n must show probable cause that error was made m t he amo un t of the award or the character of the award or _the grounds on which the award was made, and m~y specify a . a r e~son for re-opening the case existing evidence not given m t he original hearing, showing the general natur~ ~nd effect of such evidence. On the filing of sue~ a petition and on t he court finding that probable cause 1s shown t hereby, the court shall stay the award and upon rea onable notice to all parties re-open t he cas; and set the same for hearing de novo. The State Treasurer may take uch part in t he new hearing as he may deem advisable and shall have every right and privilege of a party to the cause. He shall have the right of appeal to the Supreme Court from any order in such new hearing, either grant ing an award or refusing to grant an award. He shall also have a right of appeal from an order refusing to reopen a case. In addition and without the necessity of presenting any petition for the re-opening of a case to the trial court, the State Treasurer shall have the right to appeal to the Supreme Court from any order or jud~ent in any_ d_istrict court of t he State awarding compensat10n or dechmng to award compensation although he was not a party ~o the proceedings in such District Court. Upon the perfectrng of any appeal instit uted by. the State Treasure~· the court allowing the appeal sh~ll issue an order sta!rng t_he exec.ution of the order or Judgment appealed frnm . without Iequiring any bond. The Attorney General or his deputy- or assistant shall act as the attorney <?f the State Treasurer in all cases. All costs of new hearrngs granted upon the petition of the State Treasurer and all cost~ of appeals conducted by the State Treasurer shall be paid by the I!1d~:trial Accident Fund except such costs as the Cour~!n \ s discretion shall ass~ss against any of the other pa ies 0 the cause. Deferred Payment Account. \~~! §4356. Whenever an ?rder 0 {tii;a;;~~!~t:P~ti!y8 the award is to be paid m mon t thereof against the acTreasurer shall charge t~e tf:11~u~ured workman and shall count of the employer O . e mJd from the General Fund transfer the amount of ~id awfrwhich account shall thereinto a Deferred Payment c~oun ' ent of the award. Interafter be alone liable for t\e jayment Account shall be paid est earned by the Deferre a)ras all amounts repaid or into the General Fund, as we �32 COMPENSATION LAW returned to said General Fund under the Provisions of this Act or by reason of modification of orders of award. Whenever a modification of an order of award increases the amount of the award the additional amount shall be charged against the employer's account ·and transferred from the General Fund into t he Deferred Payment Account, and whenever a modification of an order of award decreases the amount of the award the amount of such decrease shall be transferred from t he Defen-ed P ayment Account to the General Fund and credited to t he account of the employer. Existing Contracts a nd Pending Actions Not Affected. §4357. This Act shall not affect any contract entered into and existing before its passage or any action pending or cause of action existing prior to April 1st, 1915. §4358. This Act shall take effect and be in force from and after the 1st day of April, 1915. Bill approved February 27, 1915. Amendments Approved February 19, 1917. Amendments Effective April 1, 1917. Amendments Approved February 25, 1919. Amendments Effective April 1, 1919. Amendments to Section 15 ( 4330 Wyoming Comp. Statutes, 1920). Effective February 17, 1921, by Ch. 65, S. L. 1921. Amendments Approved February 24, 1923. Amendments Effective April 1st, 1923. §4347 new, by Ch. 68, S. L. 1921. Effective February 17, 1921. Amendments Approved February 25, 1925. Amendments Effective April 1, 1925. Sections 4351, 4352, 4353 and 4354 new, by Ch. 124, S.. L. 1925. Effective April 1, 192~. Arnend~ents Approved March 5, 1927. Amendments Effective April 1, 1927. Sections 4355 and 4356 new, by Ch. 111, S. L. 1927. �....... STATE OF WYOMING • 33 CHAPTER 159 -S. L. 1925COAL MINE CATASTROPHE INS{JRANCE AN ACT to provide coal mine cat ·t. h • a nce and the accum ulation ai1 a s rop e insurance and the insurinsui·a nce pr emiu m f und , and fdo 1~sethto end of a catastr ophe o er that purposes. Be it Enacted by the Lernslatu.re of the State of W)•oming: Definition. SECT~ON 1. . The word, catastrophe, as used in this Act means a disaster m a coal mine or mines causing the payn_ient through . t he operation of the workman's compensation law of th is State out of the Industrial Accident Fund of an aggr~gate more than Twenty-five Thousand Dollars in compensat10ns to_ workmen killed and injured and their dependents, growmg out of any one accident or occurrence or series of accidents or occurrences arising out of on~ event. Payment hy· Coal i\'lining Companies. SECTION 2. For the purpose of giving to the portion of the Industrial Accident Fund paid in by employers operating coal mines support which is deemed necessary,- each employer operating a coal mine or mines in Wyoming shall pay into the State Treasury monthly a sum equal to onefourth of one per cent. of his Wyoming payroll for the preceding month, such payment to be made on or before the fifteenth day of the month following the month for which such payments are computed and paid, the moneys so received to be placed by the State Treasurer in a fund to be denominated Catastrophe Insurance Premium Fund • . All moneys received by the State Treasurer under the terms of this Act shall be paid by him out of the Catastrophe Insurance Pr~mium Fund into the Industrial Accident Fund, monthly as received, and such payments shall continue to be made until the credit balance of the Catastrophe Insurance Fund in the Industrial Accident Fund is equal to One Hundred Thousand Dollars ($100,000.00), whereupon such paymerits shall cease, to be automa;tically resumed, whenever and continue so long as the credit balance of the Catastrophe Insurance Premium Fund within the Industrial Accident Fund is below One Hundred Thous'.1-nd Dollars ($100,000.00) ; all such payments shall be credited gen- �34 COMPENSATION LAW ·erally to the Industrial Accident Fund inst~ad of bE:ing credited to any individual employer contributmg to either t?e Catastrophe Insurance Premium Fund or the Industrial Accident Fund. Losses in Excess of $25,000 to Be Paid fro m Fund . SECTION 3. In consideration for such payments made or to be made from the Catastrophe Insurance Premium Fund t he Industrial Accident Fund in the hands of t he . State' Treasurer is her eby made a catastrophe insurer as to catastrophes to the ext ent that such catastrophes cau_se losses above Twenty-five Thousand Dollars to the Industrial Accident Fund. The first Twenty-five Thousand Dollars of such loss shall in every case be charged against the employer in whose mine or mines the accident may have occurred. The amount over Twenty-five Thou and Dollars shall be paid from the Industrial Accident Fund and not charged against t he employer in whose coal mine or mines the catastrophe occurred, but against the balance of the Catastrophe Insuran ce Premium Fund. Separate Account to be Kept. SECTION 4. The State Treasurer shall keep a separate account between the Industrial Accident Fund and the Ca- . tastrophe Insurance Premium Fund, crediting the Catastrophe Insurance Premium Fund with all moneys by it paid into the Industrial Accident Fund and charging the Catastrophe Insurance Premium Fund ,vith all amounts paid out for catastrophes as herein provided. Us e of Fund Limited. SECTION 5. No money paid into the Catastrophe Insurance Premium Fund as herein provided shall ever be applied in any way other than by payments to the Industrial Accident Fund as herein provided. Penalty for Failure to Pay Premium. SECTION 6. The inspectors appointed by the Treasure; under Section 4333 of the Wyoming Compiled Statutes of 1920 and acts amendatory thereof and supplemental thereto shall also act as inspectors for the purpose of enforcing the collection of the premiums due the State from employers operating coal mines. And in any case any such employer shall fail or refuse to pay the premium upon his monthl:y payroll as is required by thi~ Act he shall be guilty of a misdemeanor and sh::i,11 be pumshed by a fine of not �,, I I STATE OF WYOMING 35 more than Five Hundred ($ 500 OO) to the said fin e it shall be the d. t ~ollars and in addition of this State to immediately br}~1 Y O ·ih~ Attorney General State in t he Distri ct Court for g sm m the name of the benefit of the Catastrophe I~he _Proper cou~ty, for the against such employer for the c ft1t!1ce Premmm Fund, and if a judgment for the reco:erec ion of such p~·emium, be given in favor of the State for tli of such prem~um due Catastrophe In urance Premium Fu~3se ~n~ bdenef1t of the be for double t he amount of th . . sai Ju _gment shall Act, together vvith cost s. e pi emmm proV1ded by this Authority t o ontract With Insurance Companies . . SECT!ON 7. The State Treasurer, should he deem it a?v1sable, 1s hereby authorized and empowered to make contiac_ts on behalf of t he State of Wyoming and the I d t • I Acc1?en_t F~rn~ wi t h an _insurance company or co1:ri~~n~~!, to p1 o, 1_de f~1 payment mto the Industrial Accident Fund by the _ms urrn g company_ or companies of a sum equal to the ultimate net loss which the Industrial Accident Fund has or shall su tain by reason of any catastrophe, a!l fer the pu_rpose of authorizing the State Treasurer to reinsure the· said_ catastrophe ri~k with an insurance company or compame~. The premmm for any contract reinsurance shall be paid by the State Treasm·er out of the Industrial Accident Fund and charged against the account of the Catastrophe Insurance Premium Fund. . Every contract of reinsurance shall specify that the insurance company or companies reinsures the Industrial Accident Fund from loss by reason of catastrophes during the term of such insurance, within the limits as to amount expressed in the contract, and that the insuring companywaives all right to question any award for claims growing out of a catastrophe or claimed to grow out of a catastrophe, and that the insuring company will accept as final the awards made by the courts under the Wyoming Workmen_'s Compensation Law and will abide by such awards, and Wlll promptly repay t~ the Industrial Accident Fun1 all the payments made by it during the term of sµch msurance U!1,der catastrophe , awards. Eacp. co_ntract s_hall also provide that the insuring company d1scla1ms all nght to appear in or contest any proceeding under the Workmen's Co~pensation Law. No payment made out of th~ Indu~tnal Accident Fund which is repaid to the Industnal Acc1~ent Fund by an insurance company shall be charg~d agamst the account of the Catastrophe Insuran_ce Prem1u~ Fund or against the account of the employer m whose mme the catastrophe occurred. �COMPENSATION LAW 36 SECTION 8. This Act shall take effect and be in force on and after April 1, 1925. Approved F ebruary 28, 1925. CHAPTER 97 -S. L. 1923- INDEl\lNITY F OR PEACE OFFICE RS A N ACT t o provide indemnity fo r peace officers k illed or injured in the discharge of the ir du ties ; t he accum ulation of a fu nd t herefor, ma king an approp ri a ti on of $25,000.00, and for other p•.1rposes. Be it Enacted by the Legislature of the State of W yomin g: Wyoming Peace Officers' Indemnity Fund. SECTION 1. The fund accumulated under this Act shall be known as t he Wyoming Peace Officers' Indemnity Fund. Officers Included. SECTION 2. Such Peace Officers' Indemnity Fund shall be accumulated and maintained as herein provided for the purpose of providing indemnity to all penitentiary wardens, deputy penitentiary wardens, penitentiary guards, guards of the '~' yoming Industrial Institute, including the Superintendent and his deputies, agents of the State Department of Law Enforcement and the Commissioner of such Department and his deputies; State Game and Fish Commissioner and his assistants and deputies, and State Game Wardens; and all salaried sheriffs, under sheriffs, deputy sheriffs and constables employed by any county of the State of Wyoming or paid by the Board of County Commissioners of any county, who shall be injured in the performance of their duties, the purpose of this Act being to provide for indemnity to such peace officers injured in the performance of their duties, which duties are hereby recognized as involving risks to life and limb. This Act shall not apply in any case where the injury oc·c urred before the date on which this act is to take effect. Limit of Indemnity Paid. SECTION 3. The indemnity which any such peace officer or his dependent family shall be entitled to receive un- �STATE OF WYOMING 37 der the provisions of thi s act shall be . the compensat ion schedule of the W co_mp~ed accordmg to pensation La w in effect at th t · yommg. ?r~men's Com. d d th . e ime such mJunes were receive ' an_ e pr ocedure and forms under this Act be as near as ,may be the procedure and forms rovi shall the Workn:ien s Compen~atio1;1 Law, it being iniende~~h~ th_e _Wy?rmng Peace Officers Indemnity Fund shall be adn11mste1 ed by the State Treasurer as near as m b • th sam.e · manner e mt·1011e d · · as t tdhe Wyoming Woi·kmen's cay ompensa Law 1s a m1ms ere , and that orders of award and all other court pr?cedure shall be. entered and conducted as near as may be 11; accordance _with the procedure provided by the Workme~ s Co~J?ensat!on Law, and that any of the above peace officers rnJm ed rn the line of his duties shall receive the san:ie compensat io_n _which he would have received had he re~e1v~d t he same rnJury while working for an employer contr1butmg t o t he Indush-ial Accident Fund and shall receive the indemnity in the same manner. ! Payments to Fund by Counties. SECTION 4. Every county of the State of Wyoming is hereby required to pay into the State Treasury for the benefit of the Wyoming Peace Officers' Indemnity Fund a sum of money equal to one and one-half per cent (l½ %) of the moneys earned by each of its salaried sheriffs, deputy sheriffs, under sheriffs and constables during each calendar month in which they shall be employed. Such payment shall be so made on or before the fifteenth day of the month following the month for which such payments are computed and paid. The State Treasurer shall keep a separate account for each county so contributing to said fund, and shall charge against the account of each county all_ wan-ants paid from the Wyoming Peace Officers' Indemmty Fund: (a) As awards for injuries to the above named peace officers of such county; (b) In payment of medical or hospital attendance of such peace officers of such county ; (c) In payment for the investigat~ons o! injurie~ of such peace officers or in .P~Yl?ent of mve~bga_twns mto the manner in which such mJU1"1es were received, (d) In payment of witness fees in cases_ whereinu!~ ·order of award is granted to such peace officer of s county. Each county shall continue to n:ake sai~n1f tributions as above provided unless its acco ~t~1;~t �-----, 38 COMPENSATION LAW ing the above deductions therefrom shall be overdrawn, in which event said county shall be required to pay monthly a sum of money (including the said one and one-half per cent) equal to three per cent (3 %) of the moneys earned by each of its peace officers during each calendar month of such employment until such overdraft shall be paid. Payments to Fund by State. SECTION 5. The State of Wyoming hereby pledges itself to contribute by biennial appropriations a sum of money equal to one and one-half per cent (1½ %) of t he moneys earned by each of such peace officers in its employ, and agrees that its account shall be kept as near as may be in the manner in which t he accounts of the counties are requfred to be kept under t he provisions of t hi s act, and that similar charges for amounts paid out on account of or on behalf of injuries to its peace officers shall be charged against its account. The State of Wyoming further pledges itself that in the event its account is overdrawn that it shall contribute a sum of money (including the said one and onehalf per cent) equal to three per cent (3 %) of the moneys earned by each of its peace officers. Appropriation. SECTION 6. There is hereby appropriated out of any funds in the State Treasury not otherwise appropriated the sum of Twenty-five Thousand Dollars ($25,000.00) to be paid to said Wyoming Peace Officers' Indemnity Fund as the first contribution of the State to said fund. • Report of Accident. SECTION 7. Reports of accidents covering injuries to its peace officers shall be filed by the counties in the same manner and at the same time as such reports are required to be filed by employers contributing to the Industrial Accident Fund, and each State officer shall make similar reports to the courts of all injuries to peace officers employed in his department. Order of Court. SECTION 8. Every order given and made by the District Court or Judge awarding payment from the Wyoming Peace Officers' Indemnity Fund to an injured peace officer or his dependent family shall be entered of record by the Clerk of the Court where given and true copies thereof shall be immediately made and certified by said clerk and �STATE OF WYOMING 39 forw~rded to t he ~tate Auditor and State Treasurer respectively of Wyommg, and shall be by each of said officer entered upon a r ecord to be J<nown as the Iridemnity Dock~ et, ~nd shall_ be t he authority and direction of the State Auditor t~ issue warra_nts of indemnity awards against the Wyomrng- Peace Officers' Indemnity Fund, and for the State Treas urer to pay such indemnity awards from such fund. Power of State Treas urer. SECTION 9. The State Treasurer shall have the power by appropriate action to require each county of the State to contribute to said fund as required by this act. Appeal by State T reasurer. SECTION 10. The State Treasurer shall have the right to appeal to the Supreme Court from any final order or judgment in any District Court of the State awarding indemnity or deolining t o award indemnity, although he was not a party to such procedure in the District Court. The Attorney General shall act as the attorney for the State in every such appeal, and each appeal shall be conducted without expense to the Wyoming Peace Officers' Indemnity Fund. SECTION 11. This Act shall take effect and be in force from and after the first day of Ap1:il, A. D. 1923. �INDEX BRIBERY IN CONNECTIO N WI TH WORKMEN'S COMPENSATION ACTWORK MEN"S COMPENSATION ACT ACCIDENT REPORT~ - t::~l~;,~ ~~~ll :n~ Section Pago mi 10 ~=================-------------= ACCOUNTS INACT IVE THREE YEARSAccounts Shall be Closed ---------- - - --- - ---- - - --- 4347 AGRICULTURAL LABORExcepted - - -- -- ---- -- -- ----- - -- ------ ____ __ ____ ___ __ 43m ALIEN DEPENDENTSAmount Allowed ---------- - --------- -- -- - ----- - --- 4321 Non-Res ident P a r en t o,· P are n ts _____________ ___ ____ 433 .1 Not Included in Def in ition of "C hild" or "Children" Except -- - --- ---------- - - ------ - - ---- ------ - - ---- 4321 APPEAL TO SUPREME COU RTHow Taken - ------------ -- - - - ----- ----- - - -- ------ 4328 State Treasurer S hall H nve R igh t ________ __ _____ ___ 4350 ATTORNEYSFees for Services Limi ted • ----------- ---- ----- - - ---- 4340 ATTORNEY GENERALPowers of -------------------------- ----- - - - - - ------ 4333 AWARDSCharged to Accoun t of -------------- - --- - ------- 4331 Court Shall S tny Paymen t P ending AppeaL _____ _ 4328 Exemption from At tachmen t ---- - - ---------- -- - - - - 4336 B'LANK FORMSFurnished by Sta te Trea surer ___________ __ _____ ___ 4326 BURIAL-Fees Shall Not E xce<,d --- - ---------- -- - ----------- 433·1 CASUAL LABORExcepted -- - - - - - - - - - - -- --- - ---- - --- -- ------ ---- --- -- 4321 CHILD OR CHILDREN!\liens -- - - --- ----- - - - --- ---- -- - --- ------------- - - -- 4321 1>heilr:~ion°f - ~: ~~~~~~--~ ~~~~~- ~-h-~l~--~==~~e-========== No Limitation of Time Shall Run Until Guardian is 13 (k t (5 1 (ld 13 20 26 17 16 13 24 (d 1 (I, 1 !~5~ (b, (cJ ! 21 (i I :m lL Sh!fiP~~c':te in P ermanent -Total -Disability -Case;==== Shall Receive in Temporary Totnl Disability Case•---- 4334 CLERK OF COURTEmployee's Report of Accident __ __ ___________ _______ 4326 Employer's Report of Accident __ __ __ ______ _________ 4326 Procedure When Death or Accident is Reported ______ 4327 Shall Record Court Orders ______ ____ _ ______________ 4329 COMPENSATION SCHEDULEEach Employee Who Shall be Injured Shall Receive __ 4334 CONSTABLE OR DEPUTY CONSTABLEExcepted __________ - - __- - -- - --- -- -- -- --- - -- ---- -- - -- 4319 COSTSNo Costs Shall be Taxed Except __________________ 4327 CONTRACTORS AND SUB-CONTRACTORSIn Private Work Contractor Responsible -------- 3:: Payroll of Contractor Shall be Basis ----------- • 3 Stnte and Municipal Employees Not Entitled to Benefits if Other Provisions Arc Made --------------- 4338 COUNTY AND PROSECUTING ATTORNEY• 9 Shall Act on Behalf of Injured Workman----------- 43_, Shall Give all Necessary and Legal Advice to Work4340 man -------------------------------------·- ------COURT ORDERS RECORDEDCopies to Auditor and Stnte Treasurer -------------- 48 29 COURT PROC~DU~E4327 Procedure m Disputed Cases --------------------COURT REPORTER....... 1827 Shall Attend Hearings ------------------------------ ' s 2-1 8 22 s ~ 19 20 10 10 11 13 18 11 25 25 26 11 25 11 11 �r\ L INDEX-Continued Section DA?•§!~!~;- Repealed --------- ----------------- ---- - --- 4316 DEATH OF EMPLOYEEWh<!re Workman Dies Reference Th er eto Shnll Include Dependents _____ ________ _-- - - -- ---- --------------- - 4321 Deferred Pnymen t Account - - - --- --- - ----- - -- ---- - - 4356 DEFINITIONS- ;1~!;~;?=~~\~~~jj ~~~ll l~l l )l:i l!I! Injury and P ersonal Injury -------------------------- -1 32 1 Injury Sustained in Extra-Hazardous Employment_ ___ 432 1 Invalid ________ ___ ___ __ ---- -- - - - - - - --- ----------- -- -- 4321 Mills __ ___ __ _______ ____ ___ ____ ___ ___ ___ ___ ______ _ -- - 4320 Mine ---------- -- - -------- - --- ------ --------- --- - -- •l 320 Quarries ------------------- - - ------- ------ ------ •l320 Workmen ---------- ------- - - -- ---- - - - - - - - --- - - __ - - 43 21 Workshop ____ __ ---------------- ---------- - --- ---- - - 4320 DEPENDENTS AND DEPENDENCYChild or Children --------------- ---- --------- - -- 432 1 Definition of ------ ------- - ---------- ----- - ------ ---- 432 1 Definition Shall Not Include Aliens Excep t_ _______ 432 1 Dependency to be Determined in Whole or in Part in Accordance With Fact - -- - -- - ----------------- ---- •1 321 Dependent Parent or Parents ________________ _____ _ 4334 Spouse Not Dependent if Wilful Desertion , be Sh own __ •132 1 Shall be Referred to Where Death Occurs to Workman •132 1 Widow Shall Recei ve ----- --- -------- - --- ---------- 433•1 DlSPUTED CASESProcedure in ---- - -------------- ----------------- - - -- •1327 DOMESTIC SERVICEExcepted - ----------------- - - - - ---- ______ ____ _______ 43 19 EMPLOYERAccident Reports - - ------------- --- - - ----- --- - ----- 4326 Aw'!-r~~ Charged to Account of Indiddual Employer __ 4331 De[m1t1on -------- - --- ------ - --- __ __ ______ __ ____ ___ _ 4320 Employer's Assessment ---------------- -- ----------- 4331 Exemption from Payment of Premium _____ ____ _____ 4331 Not Relieved of Liability __________ ______ ___ __ __ ___ 4324 Penalty for Not Reporting Accidents ________________ 4326 Shall Furnish Copy of Payroll __ ______ ____ ________ 4332 Shall Report Reco,·er)' of Worlnnen _____________ __ _ 4345 EMPLOYMENTExcluded Classes ------------------------------------ 4319 See Occupations Covered by Act. EVIDENCETaking of Shall be Summary ______________________ 4327 EXCEPTIONSAct Not to be Construed to Apply _____ _____________ 4319 When Employment is Purely Casual ________________ 4321 EXEMPTION' FROM PAYMENT OF PREMIUMEmployer Shall Continue to Make Contributions Unless ------------------------------------ ______ ____ 4331 FARM EMPLOYEESExcepted -------------------------------------------- 4319 FEESCollection of Fees Limited ____________________ 4340 GUARDIANGeneral Provisions --------------------------- 4322 Where Workman is Minor Reference Shnll be Mnde to 4321 HEARINGSHow Governed -------------------------------- ------ 4327 No Award or Allowance Shnll be Mnde Without NoN,;tfj~a~~on__ ;-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-:._-----------------Shall be Conducted upon Statement ________________ 4827 HORTICULTURAL LABORExcepted -------------------------------------- 4310 !i~~ Pag~ ( i) 7 31 ( f) (k) (j ) 8 8 ( hl (g a) m) (I) n) 8 7 7 6 8 l i 8 9 6 (e) (i} 7 c) (d) 6 7 (b) 6 ( kl 8 ( j) 8 (k) 8 ( le ) 8 18 (3) (j ) ( i) (I) s 7 22 11 ( a, b, c, <l! (h) 10 15 7 15 15 9 10 17 27 11 (i) 15 25 (il 9 7 11 30 11 11 �p INDEX-Continued HOSPITALS- ~!~: l~r Sect ion Page :m h"s;,~ ;';:e~--================-- ------ - - - - - === (d) Notificntio_n by H ospita l :-:------------ ------- - - - - --- 4858 Prior Cln1ms, D~te of F1hng -- ----- ----- ---- - ----- 4851 Reports Where F il ed ------------ -------- ------- - ---- 4334 (d) INDUSTRIAL ACCIDENT FUNDAppropria tion - --- - -------- -- ---- ---- - - - - - - - - --- -- 4880 INJURIES SUSTAINED IN EXTRA-HAZARDOUS EMPLOYMEN'l'Shnll Include ---- - --- - - --------- - - - - - - -- - - - -- - - - - - -- 4321 (1) INJUR~ _.i\ND PERSONAL INJU RY_ De(m1t1on - ---- - -------- ------ ---- -- ---------- - --- 4321 (1) Definition Shnll Not Include ------ - - --- --- - -- ------ 43 21 (1) Wilful Act of Third P erson ---- - - ------ -- ---- ---- - --INSPECTORSTrensurer is Aut hori~ed to A ppoin t _____ ____ ______ 4333 INTERSTATE COMMERC • Those Enga ged In _____ _______ __ ____ ______ ___ ___ __ __ 4319 INVAL~D.--:. Def m1t1on ---- -- - ---- - ------ -- ___ _______ _____ ______ _ 432 1 INVESTIGATIONSJudge Shnll In vest iga te Nnture of In j ury nnd Claim __ -13 27 LIABILITYEmployer Not Relieved -------- ---------------- - - -- -1324 LIMITATION OF TIME TO MAKE CLA IMInjured Employee Must F ile - --- ---- - - - - - - - --- - ---- - 4326 MINORS AND INCOMPETE NTSWhere Workman is Min or or Incompetent Ref er ence Shnll be Made to Gua rd ian or Lega l Represen ta tive __ 4321 Not Barred by Limitatio n ---- - --------- - - - - ------- 4322 Minor Deemed Su i Jur is ----------- - - - - -- - --- - ---- - 4337 MISCONDUCTForfeiture by Injured E mployee _____________ _____ __ __ 4335 OCCUPATIONS COVERE D BY ACTList _____ ___ __ __ ________ _ __ ___ __ ___ _____ ____ ____ ____ 4318 PARENT OR PARENTS-When Dependent Shall Receive ___ __ _____ __ ___ ______ 4334 80 21 30 29 21 14 17 11 (i) 7 9 24 24 (3) PAYROJ.LSEmployer Shall For wa rd Sa me to State Treasurer---- 4332 17 PER~1:;~~!st!r~~~_:- ~_I_~~~2_~~-:_-_ ______ ____ _____ 433 4 (n) 18 PERMANENT TOTAL DISABILITY(b) Menns Loss of -- - --- - --------- - ---- --- -- -- - --- ----- 4834 PHYS!CIANB'ills to be Itemized -- - - - - -- ------ - ----- -- - - -------- 4352 Employer's Physicinn Mny Exnmine Injured Employee 4346 Fees for Services -- - --- ---- - - - --------------- -------- 4884 (d) Imp_~ t ia! Physician May be Appointed - - --- --- - ----- ~~:~ Notification by Doctor -- -- ---------- - - - - - -- -------- 861 Prior Clnims, Date_ of Filing ------- ----- ---------- ~334 (d) Repo~ts Shall b': Filed -- -- -------- - ---------- ------- 341 Required to Teshfy -- -- - - --- ---------- ------------ 4 PREMIUMEmployer Shnll be Required to Pay Premium ______ 4331 Service and Policing Charge ---------- -- - -- ------- - - 4331 PUBLIC WORKSMust Insure in State Fund ________ ___ __ _____ ______ 4338 30 27 21 11 80 2~ 21 26 15 16 26 RANCH EMPLOYEESExcepted __________ ___ __________ ____ ___ ______ _______ 4319 ::1~ RIGHTS AND REMEDIESNothing in Law Shall Limit Right of Action ------- Right of Employee to Compensation ---------------- 4817 Shall be Exclusive ------------- ------- - -----SCHEDULE, MEDICAL AND HOSPITALShall be Fixed by State Trensur~r __ ___ _____ ___ _____ -133 4 (d) SHERIFF OR DEPUTY SHERIFF_ 4319 Excepted ---- - ------- ----------- ----- - ------- ------ 4327 Shall Serv~ Notice of H earing ---- -- - --- - - - ---- 29 ,J .J 21 5 11 �INDEX-Continued Section STATE TREASURERMay Examine Books of E mployers ___ __ ___ __________ 4344 Powe r of - ----- - - - - ------ ---- - - - - -- - - -- ----- --- - --- 4383 Shall Have Rig h t to A ppea l ---- - - ---- - - ---- --- -- -- 4350 STOCK RAISING-Excepted ____ __ __ ___ ______ ______ _____ ___________ __- - 4319 SUBROGATIONEmployee Not E n t itled to Compensation Wher e Legal Liability is Created in Som e Other P e rson _____ __ 4323 TEMPORARY TOTA L DISABILIT YIf Workman Die Dur ing P er iod of ____ __ ___________ 483 4 (2) Menns an Injury - - -- -------- ------ - ----- - --- ---- - - - 4384 (c) TESTIMONYPhysician Require d to T es t ify -- ---- - - - - - - - --- -- - --- 43 41 TRANSFER A ND ASSIGNME NT OF ACCOUNTSPayments Not to be Refu nded ___ _____ __ __ _______ ___ 4348 WIDOWAlien - - -- -- -- ----- -------- ----- - - - - - - - - - - - - -- -- - -- - - 4321 ( k) Having Dese r ted Husba nd not Ent itled to Com pensation - - - --- ---------- --- ----------- - - - - - - -- _____ 4321 (j ) Must be Married a t T ime of Death ____ ________ ____ 4~21 (j ) WORKMENAccident Report ------ - - -- - - -- - ----- ---- -- -- - - - -·· - 4326 Definition -- -- - - - - - - - - - - - ---- --- - ------ - - ---- _____ _ 432 1 ( i) Forfeiture by Injured Employee ___ _____ __ __ ____ -- ··- ··- 4336 If Workman Refuse to Submit to Examination __ ____ 4e45 Payments Withheld -- -- - - - - --- - - --- - ---- - - - - - ------ 433 5 Statement of Dependent P ersons __ __ ___ ___ __ _____ _ 43•16 COAL MINE CATASTROPHE INSURANCE .-\CT_ _ _ __ WYOMING PEACE OFFICER INDEMNITY FUND ______ Pag e 20 20 26 28 26 7 24 27 24 28 33 36 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Workman's Compensation Act of the State of Wyoming Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1920 Subject The topic of the resource Workman's Compensation Act, 1920 Description An account of the resource Workman's Compensation Act of the State of Wyoming Chapter 258. It is a booklet and is within an orange file with other Workman's Compensation files. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource W.H. Edelman Identifier An unambiguous reference to the resource within a given context 1-0236 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.