14 10 348 https://haylibrary.cvlcollections.org/files/original/c2df85776c15b883c467dd6c42303d30.pdf 618c5f18bef16256a84be80582ed8f05 PDF Text Text 1. •t: a-ie«1 .. 5 ~11 , ~ .. sc -•. iii:~ i" :_::1 yot" ):, 1 o c.:-:ut.! of t~c:r__ •,>:~ .... j~*1 ~ ·1 0 mKl nti'~· u!1i! A~ l o · ~ ~ ~ o t .. . . ~---' ~ !"Ol.~ 1.ir • 11:v •~h 'O o . not· r, ;,~!l i ~O ... o/'~ fl CJ. Q~ :V~C I' ;; ·;;:ic•uuc: t ~ !J ,:~. dd1.. i' o;;: ny f ,0 0 ;_G i o :lsc ) ttlu by t he i.7.:cion /c.o:1fic l~d l .... C, I t.h1c.:h do :,t coi..!:J :.m:Io'i:· the co:-,t.c:ic: ·ii~.c.m S:n;. • • n::•·' :kc Y:n u f.x·o .,,, ·th;io ·ttu. . ·i; ·tho lJ ! µ:l; U-liUi o t l r i•~·: n~ 1 /";igned: GEORuE B, PRYDE �.. ,•· Filo ~o Col Gaorgo a Peydo: Roforrinff to eac0 of Snm c1.~a.t1shau GD @,Jlpl.oyoo of -?,ho Union fucii'ic Cool Con_ a.iw uoi?ting fol" ':i;hc nattl0s~.M0 C?ook no.to::> _Company .on Idle dayo of tho UJ!ion Po.ei:iic Coal Compoeyo ibilo l:.'.Ilro CTo.oohai.1 ua.s in tho oorvice the Rn-'utloonclto CI?oot Uu'GCX" Cottpaey he })aid into tho Union Pacific Railroud Cor:.peJ;J.Y .Hospital Depurl-csnt fu.'1d 0 au.d io cw wueh ns Df'o Strode!' is ·tho Union P.'.l.Cifie Railroo.d Go□pooy Oeuliot tho aervico rend0rod ll~. CTa!lalulo ohould ~omo undo~ tis funtlo Attc.ehcd fin co r,y of ~qu ..., •Q B_n :rold l7inen•o reporl i-efotting the eo.aa to. Dr. Stro.dei""e Youra truly, �THE RATTLESNAKE CREEK \/ATER COi.ff'ANY File C-1 Rock Spring s, Wyo., Ear. 18, 1926. George B. Pryde: Referri ng to case of _Sam Cre.u shav, an employee of Th e Union Pa cific Coal Company \"iorki ng for The Ratt lesnake Cre ek \'later Company on idle days of t he Uni on Pa cific Coal Company. t lhile Hr. Cray1shcm vm.s in t he s ervice the Rattlesnak e Creek llater Company h e pa i d into t he Union Pa cific Railroa d Company Hos pita l Depa rtme nt fund, 8.nd i na smuch e. s Dr. Strader i s t he Union Pa cific Rc.ilro a d Coopany Oculiqt the s ervice r endered Hr. Cransha\"1 shoulci co me under t his fu nd. Att a ched fi nd co py of surgeon Ha rold Finch's report referri ng the case to Dr. Strader. Yours truly, D. V. Bell (Signed) m Supt. Vlat e r Cos. copy �Hanna - & rch 17th, 1926 . .-·ir. Geor ge B. Pry de: Re: telephone co nver sa ti on r el a t ive to t he Conp ensat ion case of Sam Cray1shan : Crayrs hcw1 was injured wh ile in th e employ of th e Rattl esnake Cr e ek \'la t er Compa ny. Crm7sh2.w wt, s ca ll ed out by 1:ir . Cla r k on I.larch 20th, 1925, to hel p rep air a pi pe line. \'J hile cutti ng a pi pe a piece of steel f le\7 into Cra \·rs ha w' s ri ght eye. Crm7shaw \'la s disabled for a period of 33 days, he a d vis e s tha t he m:, s pai d co mpe n sa ti on for th:hs period. Dr. Straede r of Cheyenne has handl e d this cas e and am a dvised by Cra\·1shau that t he doct or has for \"/a r tl ed his bill to t he Clerk of Court at Ranlins, \"lyom:i.ng . All pap ers cov ering this cas e ha ve b een filed with the Cl er}; of Court of Ca rbon County, a nd co pies of sar:1e a re in the Office of the Rattlesnake Creek :Jater Company at . . ock Springs. T. H. Butler {Signed) ~ �March 9th, 1926. Mr. N. R. Greenfield, Ravrlins, r!yoming. De ar Sir: Here\·1ith letter from Dr . Strad er in rela tion to compensa tion case of Sam Cra,1s haw. Ap_parently th ere is a co nfusion a s to \"lheth er this man is an emplo)ree of the Rattlesna ke Creek i1a t e r Compa ny or a n employee of the Union Pacific Coal Company. Dr. Stra der is under t h e irnpression the.this previous f e e of $10.00 was paid by the Hospit a l Commission at Hanna, when perhaps tha t Commission ha d not hi ng to do with the ca s e. Dr. Stra der's ma.i n questio n is, ho\·1ev er, a s to ,1hether he shall give t h e co mpensatio n depa rtment the full report of his examina tion. "\'iill you kindly check t h e ca se a n ci a dvise Ele 1.7ha t I may say -co Dr. Strader. Yours very truly, Original Signed Herbert V. La cey HVL-T cc - Mr. Eugene l.:cAuliffe .£Qll �Dr. Geo. L. Strader Dr. F. L. Beck Cheyenne, r:yoming. March 8, 1926. Hr . Herbert Lacey, Cheyenne, Yfyorning. Dear Sir: On April· 6th, 1925, Sam Crau shau v,r.. s sent to me by Dr. H. Finch, Coal Company Physician at Hanna, for treatment of an eye injury. Our records shO\'! that he wa slt re a t ed a t t he ti me a s a Coal Company case a nd we rue.de 110 repo1·t to the Stat e Co1upensa tion Department nor to the County Clerk. t. e \'!ere 1Ja id ten dollars ( yl0.00) presur.!ably by t h e Hospital Commission, a lthough our records do not s ho;7 definitel y tha t the check came from the Hospital Commission. On lfarch 6th, 1926, he vre.s referred by Dr . Finch \7ith a letter stating they r:ished to have a final examination nade to dete r mine nhat vision he has in the injured eye . The letter also stated tha t he uas a compensation case anc.1. th at at the time he ,m_ s injured he r;a s ,·;orking for the Rattlesnake Creek 1Jater 001;1.pany and is still an employee of th at company. I might add. thi:,t his vision in the injured eye - right - is 20/70 and with correction· is 20/30 plus. He has a very ·slir;ht linear scar across the center of t~e cornea. I am giving you this history of the case so that you may advise me \7hether this should be reported as a State Cowpensation case at this time, nearly a year z.fter the injury \'las received, l.iarch 21, 1925. Very sincerely, G. L. Strader. GLS.D. , �1.; \ :J GENERAL MAN i\GE , Omaha - March 15, 1926. Mro Go B. Pryde: Note attached letter from Dro G. Lo Strader, Cheyenne, to Mr. Lacey, March 8th, and Mr. Lacey's letter of March 9th to Mr. Greenfield. With return of papers, me early advice regarding this case. ? JI,,......- " ~~--6--= I I � 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 Letters regarding the injury of Sam Crawshaw Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1926 Subject The topic of the resource Injury, Accident, Worker's Compensation, Sam Crawshaw Description An account of the resource Small stack of thin paper bound with a metal binding. Letters regarding the injury and compensation of an injured worker. 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, D.V. Bell, T.H. Butler, Herbert V. Lacy Identifier An unambiguous reference to the resource within a given context 1-0205 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/701f1607dac525bb2e6cc8e388c88853.pdf dc70efba6d6b6311dbbbb74480458dca PDF Text Text ' cYGhcr ·tho.1,1 ooath0i.'"'t1 r;yot::.ir.t.1..3 socl. mnoc io. i - rato &;1b.ouldt on 'wl"ittcn ;i:.o:~ico f~on t.uq Stata 'i:i'®Otll'ar', be ootmiut.1cully re.ta-eel 34t .n!>QVe tho st®durd -nto.tutoey rate, m~h iner~o- in ~ l D tQ ·c:a11-< tinue ur,1tU tho loan or lOOllO, u1th intor~ tllOi'OOJ¾ ru·o l'O!Xlid. 'C.ho too coot.ion A ;;-oosr.vo oxcc00:0 .~:20.!1,oao.o~, ihe ~ato ~rooo.urw ��.C:ot,:!12ato of R.xpm1ditur0E: 'for Goal Dnlyo 1:r.ith Hov_~nue romenis ;:::y-oming \'Jorkinan•s Compon~ation. (Da.rrnd oo. !'osulto for yoe1~s 1921 - 1922 "' l923P Kei.11Tiar-~\ company disuotor Aug. 14• 1923, e.tcluded) l ll,21 Dea.th Glai..w Porrm.r1e1"1-C l 1oi21 DiGa .:H;i:;y i) 59,959062 6 0 000000 l?Gi"illD.'10 Fi; f.l~-2; .ia1 T"-·1" ,,b -11·i -'· y 1 -ii -s;::~ Tenroox-.,,~rr ~- 10❖-~· 1~'.:-.y ... t..c.4 ..y v ~ .... ~u -:t ._._ .., - "' t.:edical cl Hoopitcl 1.-:.q.1~ 1ir.;oo (37.1,0 titi Admi!r1iSt E'tri1:lon ·:;2:y;0rr. o " 50a06 8o25 12 9 408065 70001!-S 43033 4,92906 8 39,94 C 49.406.95 32,, 46 40;39(,.0o 60,82,~10 8,338.77 58, O'l ( LJ3fa ) 14~41 "l •'1 , . 11 •,63 " ,27,(,71.0l 11,431.63 II - ··-·, -45 ti 37.96 6.326.48 - ~1~ 0177,698071 f!oto: Average 3 yeara. 1 \oo 43,588073 -1 Invcsti1;1.1tioac WitmsG .Fceu 1923 ...1 7r: ...,, ., '16 •"• \. (·204.433. 96 ~ .i-'\r.mm1i of ICcm1morcr d00..t· c.1..u mielv..docl from 1923 Gompu.·iation .. 0162.257 .26. Fi1W.1Itf.1_ Pi\ID 1921 1922 ~~· Average 3 years ?.276, 496 5,905,474 ...1J1iGJ.. 67i!, C 2 oCO 2 o00 _ 2o00 _-, 2. 00 ' 1 1._1;.;:r, ?92. oo r- 11,0, 94,8. 00 126,232.74 .867 ti .0173 117,036.23 .f}77 1.000 .0200 _lir.in,3,52. 00 - 152. 1,8. 3,. -13/1, 764.00 ( 131,809.u ,i .• .019; .0169 Note: Tho pay roll cost of , 2.00 per ton roprosonts the average of 4qt ot total tonnnge in 3 year poriod less 10 cants, a reduction of 10 centa per ton - assumed • f,nnual Fey Roll novanue ~oquirod !?or Cont of ;{ovonuo to Pny noll Stctutory cto no~ired (1.47~ -t-63.1%) ,._ Puy ~oll 0 1J,899,7u4e0 •1..-o.rn ., i ngs , "nsed on Annun l u in i-esorvos. poroditne;Go ·,i:lth ntmuul incroase ACTUAL . ·F·t (}r.ITIT TI AT;-: p-;:r. T':U J)J!rJUJ\L PR ~r '1! tr -s 0 at nrious statutory �~~~ ;:. ...: - ~'- r;.... .._,~ .-,. ,~ ' - .0 ' L '.l . .;_, .. :... ~Jl1 -= ~ ~ ... - : , -- .: ~ ·- •;.,,..- .t),-'-... , V .....·, t'..(••T- .,., ... '-- ---· 1...,_.,._._. r I•:'.,.___ ·~--..!--! . O. -_. ..,._. ~ ��U>.i'~h 'Q ~)~ v9,?t •l)~~ ,.';J.J;i, .2 ·J?~t',..,_L 7..iil:J _}, .t. ..'. ~, rui-.--,~=-~-~·H;~~·~ k't.1'!.~"~_i.{..'__-_ L, : wt.:L\i_·.. ~,•.• :/ . ::o l/01~<.111'-'"y ,.._\.i,~t:i.l Dl~L.:1U:~i 1~1 •'"•cr.'t ~; ·,1 orJt \.) ~ w otliO~ll Ci !.?;.1.; ;./t.:!J:.tl ~.;-.: .J'~r;r, .,,. : ..:vooWt;:.t v. ,,fiO \ i~ ..{.i uo / uoe :~et ·:i.ol.oti•,;·~1.l•b L.a __ , (;:,; OH •.1 <10.4~1.:i.Jv &1 ?Gu~i .,u,. ' • : · D ] t- t, o , oEil.().JO J;) . ~!!j l.~\ 1t>:i. lQJ; ~lj i. .. , ,,. 'I Jv . 4;i' 43 °33 ,, 4. ii 9; :ti O (~ : " ~J.q:JJ:a ..~ - - ~ -- - - ~ 45 •.::..:6. ~() 't} ~ 4}Yi .·-; l 5511 '):ill . I)(; G.t. ,4(')::'? . uCl j2.')2 ___,, V..0~&J..•;Jl J 11')1 tu$ . 9j . u.3. •?'I 40. _jl)o. Oi'J bU,U.:J •.;.O 2'/ J>'/l -tll ll,431, .6.3 3,.16 -~·Je.6.~(} .....,·11.1 IJ'.f. V f • 4·::3 ( ;!,-, .;J • ,'V ;:, JJ ~!ay l'Oll C ;J:Jt. of r:...} l .L i 1921 1922 l~J3 \ · ,::o ~~~o<.rU ,il:, ,1:J,! 2 ;J\): 0 LJ .d. ,97\101)•t l • OU . ~~~Yi! ..2§.1..11JJ.:1!l.1L s:_:. cj ;) .0173 .0195 .02qo_ 1.: .,.uo .-vi" ·,\in :a.•o.j~uo;,ibu ·ct.o ., ,,ol"..10, ,, i 40,~ u fl <;;Cliiul. ~llU• ~o iu 3 ~•pur ,o ri otl liJ co i.e.,. tl rod~tl • on o t lW. ;,'!) ~ bn ou. Li.OO,~·.. ~.i.1n~ ~-n;; ~v.lJ. / e;yc., ,~ :.iOi;Cjl!!' O(i . ·r iutr..x, o i novcuuo ·..,u •·u.1• :101..l. tit ~t. :'1..0f:iJ ~ln ito ~lOti;1.:b·vll \J.• (Yi~ • (,J . lt:) ) l ", , :.//). '4'ut:, •'-o ,:.o,~1A~.:A •GO i .4'1:~ 2o:J3/•~ l;.1ri~&.1go , fi lJ ( ,.~~ ,_~,~(.U."'J l •~ 1.09 -2.~ �... 1923 :Compr:nv Tho .. u·. P. Gocl. Oo o ~~ J'!!\~.,iQ_;~ .t. ---10 i. _..-,:~ 3~.· '.\11}3:.3 ~!o .. 2 - ,Qpol?in;{ l?o.n l l Z£:"'!lll "tO 27JS 1 .1.r; rn. ;l ::·o!im?ko ffr',.!JOQID rn, .... . ,. 0 10 ,, ·'l 1 i i - I '. I lt'Ul~ but -00!3, ....~•a;~{). 1JiJrl00 .. l F:ol:19.:.~cc. 4 1 1 l. l 1 l 1 10 l 4' l 263~5'n. Bo b 1G; 1 ?Sf •. 65 2.;3, 161,. eo 93,24-0.2$ 4•"/l·. 85 2 !. "i -~ 1 l l 1 l 1 1 l l 1 1 1 l 1 l 1 1 1 1 2 "'o. 1 .l. Roef Gtn.~111;:.;cr 0 1 1?!eh0..:·t1r l 0 :1.11icn • .7 3 ·1 lSv.r,m"':lc~ .fl B G Centrc.l CO{?.l G f;oke (kt . 1 1 Hn1-m:i D E 2 Cwbor-l f$Jf.l -0 1 VGtl.! Eo .. .Ludo.:?.ct ~:o. .. 2 l l l 1 ,... 1 'l 1~3,136.65 237,83,~-75 162.i:'.J66. ,5 2011c29$1.CO. 163,1G7 . 30 20:J.,.~2l ·. G5 - ,.... lGOol•~ -55 1 3".::., 9-•1 ,;"'O ) 219 ,5.:11 .• so 32-1.,· B0.45 2.0M .,'1)1/.,85 • , ,., :5 !~() Dv22:. 9 114,933.05 H ,: H ,i t: .1!', <? u !J ·U ,. ,, I Yei!:l 'I I l1 I Q ! (f ,., .i.C .. . 256,20~.oo 4 " 1 1 l t~·o. l l l 134 ..966.00 ..nID. ! t~ fl .. GG.:?J.l oit10·~ UO.t= I ,, urol VCJntilntion~ i·\ ?o-~1m.:;o froo f~w ninoo comhiraGld • Lionl:ol :..,:-ycoing Coe]. Co. Blairtovn 4 1 1 92.,631.09 2! lt. 't1.QCL: .Gl!.?is130 3 l l l0,665.03 ~ l 1) 'I l) - :L but_net clo.crnod 00 auseo10. n l) 1) C~~h (foal Co, Gurm-(;uooly Cool fJo . GUlm 9'.;oot~uto? PrGIDier coal Co. Gu;,::;-onor ~J l Ct.-peri<r Va0b2.4 X :t 67.5'17"15 2S',249.S m,. -i1 l J. 147.,001.2 <> 88,633.9 r:o. 21694 .. 2 25.~26.1 n n 62,256.9 1-;v. l 1 3 l l l l l 1 l l 18 Reck Sprin..,.J l?uol Co. l -I- ... E5i,uoa· c~n- ia:tn li·$tlo gw, ~0.6$6._04 I I Lien Oodl. co. ·___! I I -I J �&ww S~nn_10 Cont. ... '\. Q. : ,c ........,~/~;S,on ,~ ~ Coal Cc -. Bsur ru.v-os..~ eon!. r:o . e?e?- Coal a, 0 i 0 s :~ -~~'; ~ ~ : i ~ ~~. ~noc~nm :! l l 1:33 . 000 . on -· l,D . ".-\:a. 1 l 53l)398.;J 'ios . I..1i . :: t,~CI?: 3 .1 1 39~30.1 .00 Yoo .• .. ' l 5 6 f_ Slllc l l .,.'l d)1 11 2$0. y13 l 163,549. (} 1. l '/8, 863. Oa l 66.;~9. oo Yoa . 1. l r::o o 1 l l 1 l l 1 1 .J •')6 • 236 . • ·o o Yoo. l l 1 l l l 1. 1 1 l c;-r~io:-- ~:~~ ilO"<l. . 2.c::itwi.dm.l!o 0&!-oy Ole eoo W..r:o;J 2 4 6 s ·9 lO Home Fuel Co . ~ :;,..: '.::l.".o l ColODy Cocl. Oe . (fponi•1g Fr-!.n ~ii:1om1~.r··o r; ..l..!::J. 1 ,J:1imnoud c~a). & ;c,t0 ~C o - fJino Rock Springs 1 19~ho6o. oo. u. n ~1 1'34. J:;4. 00 l!· 211,,.sa.oo 1:u . n •1 p 7,2 48. 00 No. il.?..~.llil Ii I �7771/ff lo 6 •• <) '" lJ.;t . . :\. ~,- ,, I ,) • . • . /..). /l-,t- J, (.0 r(J- ~ • 1''ir·!L l'? f}( . 4-.... f' ;_ r.:1 l r 9CJt.; ''l , ~ ,I :, V,; • ( i 1 , ;, ' 1- f ~ ( :,_,,:_ , ( ., • • J, ' . l. ;_ 14;,ty•' l j:· ,·, ', !/: J~---'g {//2 t .) ~~t'\..<-... [.~ t.f ,. L{~?. r ij- · ._'>) 1 /!/ .v. ...,: . , 77~ !bJ /.1il 7 t,p.J-0 y -;:i tt-1. -~!' J p C ~! ~ t!; (~. I l~ !""' ,. .J J"U r O · } "'iJ o O , lj ' I t,) ·t.31 • I-., .•. -:· _j (10} I' l ,f l-L &-ft} ~. • · 1..-J I I 3 i_,;,l) t"'() /' • ' J'iJ j.R1.,. · fj I If, j ' l ►O . �i . 11 fl]e~ ~v S-D ·J cJ =. / C:,, f ~ /..r, 1 C'l J,u ~ ,. tf""u t ,~fJ77f D ---="? S-4- 3f , a~ :i.- n / e J :; r (r'~ r t:;;I) I I I ~ · I I \ �I I I I ' 1 J �.\ I Rock Spr i ngs , \'/yo mi ng , Augu s t 19 , 1925. To All Emolo_yee _s Sub.i cct to the Wo rkmens Compensa t i on Law: The Union Pacific Coal Company will at all times attempt to safeguard the interests of its employees in securing for . . . . ~ ' them all compensation rightfully due them under the Workmens Compensation Law. how~ver 1 the law is equally binding alike upon both the compa_n y _and its employees and the court_s which administer same. To the end that no employee will be deprived of his rights by reason of the failure a~ any person whatsoever to comply with the terms of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: ,.no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed periocl for filing an employee's report of accident, in •which case the period of limitation shall be nine ~onths. 'J 11 • • • All employees are requested t6. see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General M:anager. H. J'. Harrington, Supervisor of Compensation. �Ro ck Sp r i ng s, Ylyo rping , Aug us t 19, 1925. 'I'o All Emp1o_yee _s Su"b.i ect to th e Wo r kmens ComJ)e nsa t i on Law : The Union Pacific Coal Company will at a ll times att _empt _ to safeguard the interests of its employees in securing for · . . . - them all compensation rightfully due them under the Workmens Comp _e nsa~ion Law, however 1 ~he law is equally binding alike upon both t~e company and its employees and the courts which a dminister same. To the end that no employee will be deprived of his rights by reason of the failure o~ any person whats oever to c omply with the terms of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: "··•• ,no application shall be valid or claim for compensation enforceable and no order of award shall be maae ·unless an ipplication or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the -orescribed. -oeriocl for filing an employee's report of accident, in which case the period of limitation shall be nine months.~ • All employees are· requested t0. see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J". Harrington, Supervisor of Compensation. �Rock Sp r i ng s, rryo1riing, Augu s t 19, 1925. To All Erri"plo_vees Suh.i cct to the i_li/'orkmens Compe nsa t i on Law: The Union Pacific Coal Company will at a ll times attempt to safeguard the interests of its employees in securing for them all compensation rightfully due them uncler the Workmens Comp _e n~ation Law, _ however, the law is equally binding alike upo n both the company and its employees and the courts which administer same. To the end that no employee will be ae·pri ved of his rights by reason of the failure of any uersnn whatsoever to c omply- with the terms _ of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: no application shall be valid or claim for compensation enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of t"he District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed perioo for filing a~ employee's report of accident, in •which case the .period of limitation shall be nine months. 'J 11 • • • • • All employees are requested to_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General l\~anager. H. J. Harfingt·on, Supervisor of Compensation. �Rock S:pr_i ngs , \"lyo mi ng , Aug us t 1 9 , 1925. To All Em-plove es Sub.i ect to th e Wo rkmens Compensat i on Law: The Union Pacific Coal Company will at a ll ti mes attempt to safeguard the interests .of its .employees in securing for them all compensation rightfully due them uncl.e r the Wo rkmen s Comp _e nsa~ion Law, however. the law is equally binding alike upo n both the compa_n y and its employees and the courts which administer same. To the end that no employee will be deprived of his ri ghts by reason of the failure of any -oers0n whatsoever to c omply- with the I• terms of the Act. we qu~te from paragraph (6), Section 4326, Chapter 124. Session Laws of Wyoming, 1925, r _e lative t o claim for compensation: ,.,,.no application shall be valid or claim f or compensat'ion enforceable and. no order of award shall be m'ade ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed :periocl for filing ·an employee's report of ~ccident, in which case the period of limitation shall be -nine months.~ . 11 All employees are requested t6 see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager~ H. J", Harrington, Superv~sor of Compensation. \ II �Rock Spri ngs , Wyomi ng , Aug u s t 1 9 , 1925. ·'I To All Employees Sub.i c.ct to the Workmen s Compensation Law: The Union Pacific Coal Company will at all ti mes at~ ~_e_m pt _ to sa~eguard the int~ _rests _o f its _employees in sec:1ring ~or them all compensati~n rightfully due them under the Workmens Compen~a~ion Law. _ how~ver 1 the law is equally binding alike upon both t1?-e compa_n y and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any pers0n whatsoever to comply with the terms of the Act. we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: 11 ••••• no application shall be valid or claim for compensation enforceable and no order of award shall be rriade ·unless an application or claim is filed by the . injured workrr.an or someone on his behalf with the ClerR of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employeets report of accident is filed within . the ::prescribed :periocl for filing an employee's report of accident, in which case the period of limitation shall be nine months. 1J. All employees are requested to_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J. Hariington, Supervisor of Compensation, J �Rock Spr i ngs, 1,"lyomi ug , Augus t 19, 1925. To All Emplo_vee _s Sub.i cct to the Workmens Compen~a t i on Law: The Union Pacific Coal Company will at all times attempt to safeguard the interests of its employees in securing for them all compensation rightfully due them uncler the Workmens Compensation Law, however. the law is equally binding alike upon both • . • . . . . t~e company and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any -person whatsoever to comply- with the terms _of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of \Vyoming, 1925, relative to claim for compensation: .,a.,no application shall be valid or claim for compensat'ion enforceable and no order of award shall be m:ade ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed periocl for filing an employee's report of accident, in •which case the period of limitation shall be nine months.'! 11 All employees are. requested to_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J. Harr"ingt·on, Supervisor of Compensation. I \ •. ) �Rock Springs, \7yomi ng 1 Augus t 19, 1925. To All Empl _o_yee _s Sub.i ect to the Workmens Compensation Law; The Union Pacific Coal Company will at all times attempt to safeguard the interests .of its .employees in securing for .. . . . them all compensation rightfully due them under the Workmens Compensation Law, . however, the law is equally binding alike upon both . . . . . .. the cornpa?y _and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure a~ any person whatsoever to comply with the terms. of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of \Vyoming, 1925, relative to claim for compensation: 11 ••••• no application shall be valid or claim for compensat·ton enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the ClerR of the District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed period for filing an employee's report of accident, in •which case the period of limitation shall be nine months. 1~ All employees are requested t6 see- that their applica. tions are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H.J. Harrington, Supervisor of Compensation, I' �- - - - .-- Rock S:pr_ings, \7yomi ng , Augu r~t 19, 1925. I I To Al 7 Emp l oyees Sub.i cct to the irvo rkmens Compensa t i on Law: The Union Pacific Coal Company will at a ll times attempt to safeguard the interests of its employees in securing for them all compensation rightfully due them under the Wo rkmens Compen~ation Law, _however, the law is equally binding alike upon both the compa_n y and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any person whatsoever to c omply- with the terms . of the Act, we qu~te from paragraph (6), Section 4326, Chayter 124, session Laws of Wyoming, 1925, relative to claim for compensation: no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the -orescribed ueriocl for filing an employee's report of accident, in which case the ·period of limitation shall be nine months. 'J • 11 • • • • • All employees are requested to see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J. Harrington, Supervisor of Compensation. { J �Rock Springs, i7y oming , Aug us t 19·1 1925. 11I To All Employe e s Su'b.i ect to the Workmens Compensation Law: The Union Pacific Coal Company will at a ll ti mes attempt to safeguard the interests of its employees in securing for them all compensati'?n rightfully due them under t h e Workmen s Com~ensation Law~ howeve!• the law is equally binding alike upo n both the compa_n y apd its emp~oyees and the court_s which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any ~erson whatsoever to c omply with the terms . of the Act, we quzyte from paragraph (6) 1 Section 4326, Chapter 124. Session Laws of Wyoming, 1925. relative to claim for compensation: no application shall be valid or claim for com~ensat'ion enforceable and no order of award shall be maae ·unless an application or claim is filed by the.injured workman or someone on his behalf with the Clerl< of the District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed :periocl for filing an employee's report of accident, in which case the .period of limitation shall be nine months.'! 11 • • • • • All employees are requested to. see that their applica- tions are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General 1~anager. H.J. Harrington, Supervisor of Compensation, I r �Rock Sprin·g s , rlyomi ng , Aug u nt 19, 1925. To All Emplo.y:ees Suh.i cct to the V\Torkmens Compe nsa t i on Law: The Union Pacific Coal Company will at a ll ti me s attempt to safeguard the interests .of its .employees in securing for . . . them all compensation rightfully due them uncl.er t he Workmens Comp .e n~a~ion Law, hov,ever I the law is equally binding alike upo n both the compa.n y and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any pers0n whats oeYer to c omply. with the terms . of the Act, we quryte from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: '·' ..... no application shall be valid or claim for compensat'ion enforceable and no order of award shall be maae ·unless an· application or claim is filed by the . injured workman or someone on his behalf with the Clerk of tn·e District C.ourt in the county wherein · such accident occurred within six months after the day upon which the injury occurred, unless the employee's report of accident is filed within the prescribed. perioc:1 for filing an employee's report of accident, in which case the period of limitation shall be nine months.'! All employees are requested to. see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H.J. Harrington, Supervisor of Compensation. �Roc k Sp ri ngs , \7yo mi ng , Aug u s t 19 , 1925. To All Empl ov.e e s Sub.i cct to the Workmens Comp e nsat i on Law : The Union Pacific Coal Company will at a ll times attempt to safeguard the interests of its .employees in securing for . .. . . . • ~ them all compensation rightfully due them under t he Workmen s Comp _e n?ation Law, however. the law is equally binding alike up on both the company ana its emp~oyees and the court_s which ad minister same. To the end that no employee will be deprived of his rights by reason of the failure o~ any -person wha t s oever to c omply- with the terms _of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: no application shall be valid or claim f or ccm~ensat'ion enforceable and no order of -award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the p rescribed 9erioo for filing an employee's report of accident, in •which case the period of limitation shall be nine months. 1J 11 • • • • • All employees are requested to_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H.J. Harrington, Supervisor of Compensation, �Rock S:pr_i ng s, \7yoming , August 19, 1925. To All Empl o_yees Sub.i ect to the Workmens Compensa t ion Law: The Union Pacific Coal Company will at all times attempt to safeguard the interests _o f its ~mpl _o yees in sec~ring ~or them all conipensati~n rightfully due them under the Workmens Compen~a~ion Law •. howeve_r • the law is equally binding alike upon both the compa_n y _and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any ~ersnn whatsoever to comply with the terms of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, session Laws of Wyoming, 1925, relative to claim for compensation: no application shall be·valid or claim for compensat·ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of t ·h e District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed ~eriod for filing an employee's report of accident, in •which case the period of limitation shall be nine months.'! 11 •• & • • All employees are requested t6. see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J. Harr"ingt·on, supervisor of Compensation. �Rock Sp r i ng s, \7yo miug , Augu s t 19, 192 5. To All Emplo_y:ees S:-J-h.icct to the Workmens Compe nsa t i on Law: The Union Pacific Coal Company will a.t all times attempt to safeguard the interests of its employees in securing for - . . - them all compensation rightfully due them under the Workmens Com_pensation Law, however, the law is equally binding alike upo n both . . . . . . . . the company and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure of any person whatsoever to comply- with the terms _of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: 11 • • • • ,no application shall be valid or claim for corrrpensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed periocl for filing an employee's report of accident, in which case the period of limitation shall be nine mon~hs. 'J All employees are requested to_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J, Harrington, Supervisor of Compensation. { ] �Rock Springs, \7yo ming, Aug us t 19, 1925. To All E1E9l ov:ees Su"b.i ect to the '!vo rkmens Compensation Law: The Union Pacific Coal Company will at a ll times attempt to safeguard the interests .of its .employees in securing for . ~ them all compensation rightfully due them under the Wo rkmens Compensation Law, . however. the law is equally binding alike upon both . . . . ' . the company and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any ~erson whatsoever to c omply with the terms . of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925. relative to claim for compensation: ,,.,,no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed perioo for filing an employee's report of accident, in which case the period of limitation shall be nine months.'! 11 All employees are requested to. see that their applications· are filed as :per terms of the provision quoted. Geo. B, Pryde, • Vice President & General Manager. H. J, Harrington, Supervisor of Compensation. �'j I Ro ck Springs, \7yoµiing, Augu s t 19, 1925. To All Empl o_yee _s Suh.i cct to the Workmens Compe nsa t i on Law: The Union Pacific Coal ~_ompany will at _all ti mes attempt to safeguard the interests .of its .employees in securing for . . . them all compensation rightfully due them under t h e Wo rkmens Compensation Law, . however. the law is equally binding alike upon both • .• . . ' t~e company and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure of, any -pers0n whatsoever to c omply- with the terms _of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124. Session Laws of \Vyoming, 1925, relative to claim for compensation: 11 ••••• no application shall be valid or claim for compensat'ion enforceable and no order of award shall be niade ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein · such accident occurred within six months after the day upon which the injury occurred, unless the •empl.o yee' s report of accident is filed within the prescribed. period for filing an employee• s report of accident, in •which case the period of limitation shall be -nine months.~ All employees ·are requested t6_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H.J. Harrington, Supervisor of Compensation. ! \ ·1 I I . r .. l ; I 'I I I I • �Rock S:p rings, rlyomi ng , Aug u ri t 19 , 1925. To All Emp l o_ye e s SUQ.i cct to the 1,vorkmens Comp ensat i on Law: The Union Pacific Coal Company will at a ll times attempt _ to safeguard the interests of its employees in securing for them all compensation rightfully due them under the Workmens Compensa~ion Law, however. the law is equally binding alike up on both t~e company and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any -person whatsoeYer to comply- with the terms _of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workm~n or someone on his behalf with the Clerk of the District Court in th~ county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed perioo for filing an employee's report of accident, in •which case the .period of limitation shall be nine months.'~ 11 , • • • • All employees are requested to see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J. Harrington, Supervisor of Compensation .. r 1 : I ) �Rock Spri ng s, \7yoming , Augu s t 19, 1925. To All Emplo_yees Sub.iect to the Workmens Co mpensati on Law: The Union Pacific Coal Company will at all times attempt to safeguard the interests of its employees in securing for them all compensation rightfully due them under the Workmens Comp _e nsation Law, ho\7ever 1 the law is equally binding alike up on both t1?-e company and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any person whatsoever to comply with the terms . of the Act, we qu~te from paragraph (6), Section 4326 1 Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: no application shall be valid or claim for com~ensation enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury o·c curred, unless the employee's report of accident is filed within the prescribed perioo for filing an employee's report of accident, in which case the period of limitation shall be nine months. 1i 11 • • • • • All employeef:i are requested to. see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J, Harrington, Supervisor of Compensation. II rI i �Rock Spri ngs , rlyoI!li ng , Augu s t 19, 1925. To All Employees Sub.i cct to th e Workmens Compe nsa t i on Law: The Union Pacific Coal Company will at a ll ti mes attempt to safeguard the interests .of its employees in securing for . . . them all compensati on rightfully due them under t he Workmen s Compensation Law, . however. the law is equally binding alike up on both . ,. . . . . . . the cornpa_n y _and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any person whats oever to c omply with the terms of the Act. we quryte from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for com- . pensation: ....... no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein · such accident occurred within six months after the day up_on ·which the injury occurred, unless the employee's report of accident is filed within the prescribed :periocl for filing an employee's report of accident, in which case the ·period of limitation shall be nine months.'! All employees are requested to_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J, Harrington, Supervisor of Compensation. �Rock Springs, rlyorrii ng , Augu s t 19, 1925. To All Emol oY-ees Sut"l.i ect to the vVorkrriens Compensation Law; The Union Pacific Coal Company will at all times attem;i;>t _ to safeguard the interests _o f its _empl _o yees in sec~r~ng ~or them all compensation rightfully due them under the Workmens Com:pen~a~ion Law, _howeve_r . ~he law is equa~ly binding alike upo n both the company and its emp~oyees and the court _s which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any person whatsoe,rer to comply- with the terms _of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124. Session Laws of Wyoming, 1925, relative to claim for compensation: no application shall be valid or claim for compensat'ion enforceable and no order of award shall be rriade ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein·such accident occurred within six months after the day upon ·which the injury o·c curred, unless the em9loyee 1 s report of accident is filed within the :9rescribed period for filing an employee• s report of accident, in which case the period of limitation shall be nine months. •i 11 • • • • • All employees are requested to_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H.J. Harrington, Supervisor of Compensation. �Roc k Sp ri ngs , Tly omi ng , Aug u r, t 19 , 1925. To All Emp1 o_y :ees Sub.i cct to the 'l:Vorkmens Compensa t i on Law : The Union Pacific Coal Company will at all ti mes attempt to safeguard the ·interests .of its .employees in securing for . them all compensation rightfully due them uncl.er t he Workmen s Compensation Law, . hov,ever, the law is equally binding alike up on both • . . . . . . the compa_n y and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any pers on whatsoever to c o_m ply- with the terms of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for com"1 \ pensation: I I no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made unless an application or claim is filed by the . injured workrnan or someone on his behalf with the Clerk of the District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the ems>loyee' s report of accident is filed within the prescribed periocl for filing an employee's report of accident, in which case the period of limitation shall be nine months.•~ 11 , • • • • All employees are requested to see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J. Harrington, Supervisor of Compensation. I I ! I .1 �Rock Springs, \'Iyo.ming , Aug u nt 19, 1925. i \ \, I I To A11 Emp1o_V:ees Su1'.i ect to the Workmens Compensa t i on Law: The Union Pacific Coal Company will at all times attempt to safeguard the interests .of its .employees in securing for . . ~ them all compensation rightfully due them uncl.er the Workmens Compensation Law, how~ver, the law is equally binding alike upon both the company and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any person whatsoever to comply with the terms _of the Act, we qu~te from paragraph (6), Section 4326 1 Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: no application shall be valid or claim for comyensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed periocl for filing an employee's report of accident, in which case the period of limitation shall be nine months. •i 11 • • • • • All employees are requested to see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde 1 Vice President & General Jlanager. H. J, Harrington, Supervisor of Compensation. .] �I l Roc k Sp ri ngs, \7yo mi ng , Aug us t 19, 1925. To All Emplo_7 tees Su0.i ect to the Workmens Comr.i ensation Law: The Union Pacific Coal Company will at all times attempt to safeguard the interests .of its .employees in securing for . . . them all compensation rightfully due them under the Workmens Compensation Law, ho\Y~ver, the law is equally binding alike upon both the company and its employees and the courts which administer same. . . . To the end that no employee will be deprived of his rights by reason of the failure of any person whatsoever to comply- with the terms _of the Act. we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, re°lative to claim for compensation: no application shall be valid or claim for compensation enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed :periocl for filing an employee 1· s report of accident, in which case the period of limitation shall be nine months. 1~ 11 • • • • • All employees are requested t6_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H._ J. Harringt·on, Supervisor of Compensation, �---- - .... ___,_._ ----- ------- ------ -- \ Rock Springs , 1"Tyomi ng , Aug u s t 19 , 1925. To Al 1 E mp 7 o\!:ees Suh.i cct to the Wo rl<:m ens Compensa t i on LaVl.r : The Union Pacific Coal Company will at a ll times attempt to safeguard the interests of its employees in securing for . - them all compe_nsation rightfully due them under t he Yvo rkmen s Comp _e n~ation .Law, _ however 1 the law is equally binding alike upo n both the cornpa_n y and its emp~oyees and the court_s which administer same. To the .end that no employee will be deprived of his rights by reason of the failure o~ any -pers0n whatsoever to c omply- with the terms of the Act. we quryte from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: ....... no application shall be valid or claim for compensation enforceable and no order of award shall be maa.e ·un- _ less an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report. of accident is filed within the prescribed periocl for filing an employee's report of accident, in •which case the ·period of limitation shall be nine months.'! All employees are requested to_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H.J. Harrington, Supervisor of Compensation. I I- �Rock Spr i ng s , \7yomi ng , Aug us t 19, 1925. To All Employees Su'b.i cct to the Workmens Compensa t i on Law: '.]?he Uni _on Pacific Coal Company will · at all times attempt to safeguard the interests of its employees in securing for . - them all conipensati'?n rightfully due them under the Workmens Com:p_e n~ation Law, _ however I the law is equally binding alike upon both the company and its employees and the courts which administer same . To the end that no employee will be deprived of his rights by reason of the failure o~ any pers on wha t s oever to comply with the terms of the Act. we qu~te from paragraph (6), Section 4326, Chapter 124 ·, Session Laws of Wyoming, 1925, relative to claim for compensation: no application shall be valid or claim fo ·r c omp ensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the p rescribed :9erioc1 for filing an employee's report of accident, in •which case the period of limitation shall be nine months.~ 11 • • • • • All employees are requested to_ see that their applications are filed as per terms of the provision quoted. Geo . B. Pryde, Vice President & General Manager. H. J". Harrington, Supervisor of Compensation. �Rock Sp r ~ng s, \7yo mi ng , Aug us t 19, 1925. To All Emplo_yees Sub.i ec~ to the Vvorkmens Compensation Law: The Union Pacific Coal Company will at all times attempt to safeguard the interests .of its .employees in securing for . . .. them all compensation rightfully due them under the Workmens Compen~ation Law, _how~ver, the law is equally binding alike upon both the compa_n y and its emp~oyees and the court_s which administer same. To the end that no employee will be deprived of his rights by reason of the failure of any person whatsoever to comply with the terms of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, se·ssion Laws of Wyoming, 1925, relative to claim for compensation: ,no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerlc of the District Court in the county wherein · such accident occurred within six months after the day upon which the injury occurred, unless the employee's report of accident is filed within the prescribed period for filing an employee's report of accident, in -which case the period of limitation shall be nine months.•~ 11, • • • All employees are requested t6 see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J. Harrington, Supervisor of Compensation. �Rock Spri ngs, \'lyoming, Au~ust 19 1 1925. To All Emplo_yees Sub.i ect to the Workmens Compensation Law; The Union Pacific Coal Company will at all times attempt to sa,~eguard the interests _o f its ~mpl _o yees in securing for them all compensati?n rightfully due them under the Workmens Com~ensa~ion Law, _how~ve!, ~he law is equa~ly binding alike upon both the compa_n y and its_ employees and the court_s which administer same. To the end that no employee will be deprived of his rights by reason of the failure of any uersnn whatsoever to comply- with the terms . of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: " ....• no application shall be valid or claim for compensat'ion enforceable and no order of award shall be maae ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed :9eriocl for filing an employee's report of accident, in •which case the. period of limitation shall be nine months. 1: ) All employees are requested to. see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J. Harrington, Supervisor of Compensation. j �Rock Spri ngs, Ylyoming , ! ! i AUBUSt I 19, 1925. I To All Empl ov.ees Sub.i cct to the Workmens Compensation Law: will at all times atThe Union Pacific Coal Company -. . tempt to safeguard the interests of its employees in securing for t~em all compensation rightfully due them under the Workmens Compensation Law, however the law is equally binding alike upon both 1 . . . . . . . the company _and its employees and the court_s which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any person whatsoever to comply. with the terms of the Act. we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: 11 ••••• no application shall be valid or claim for compensat'ion enforcea.ble and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed. perioc:I for filing an employee's report of accident, in which case the period of limitation shall be nine months.'J All employees are requested to see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J. Harr'ington, Supervisor of Compensation. .I I .r �New Mexico Workmen's Compensation Law Effective June 1 4 . 1917 \ Ve issue policies covering r ~~;rr • Automobiles Liability Property Damage Collision 1 Workmen's Compensation Steam Boiler Residence Burgbuy and Theft Accident and Illness Plate Glass Bonds Dentists' Druggists' Physicians' Elevator { Liability Defon,e General Liability Industrial Teams Workmen's CompcnsaUon Effcctln In State of New Mexico, June 14, 1917 ::...__ __ _ _ __ _ _ _ _ _ __ _ __ _ _ _ _ _ i~ �) Are You Protected Where all claims are settled promptly and fairly, .., representing only standard companies: b:v our Workmen's Compensation P olicy that relieves you of all liability••· trouble, annoyance, doctors', hospital and medical bills, as required by the Jaw, or will you take a chance -deprived of fellow-servants, assumption of risk and contributory negligence defenses. When one accident might Bankrupt you, or seriously impair your Credit, "Better Be Safe Tban Sorry" B ritish and Fede1·ul Fhe Unde1rwritt'I·~ o f the Nm··wich Union The Frnnhf ort Ge.u11erul The Georgia C:11suulty The L ondon Guarantee and A c cident Ilnrtfo1·d Steam Boile1· and Inspection Co . All now licensed doing business and maintaining an office in the State, for tJle convenience of its policyholders. "POLICIE S ISSUED WHILE YOU WAIT" Service and adjustments covering a period of seventeen years in New Mexico. Read the law and see what you are against, then phone or write for information and rates to. Resident References Furn~ahed on Reque ■ t CHARLES D. BROOKS UNDERWRITING COMPANY CHARLES D. BROOKS UNDERWRITING COM PANY Jacobson Buildiug, Denver, Colo. or Albuquerque, N. M. .Jaoob11on Building. Denver. Colo. or ·A lbuquerque. N. M. · - - - ~ ~..,--- - -~ - -__.;1/ ;I �~t\..utoinobile Policy Our Auto Liability, Collision and Property Damage covers every member of the family over 16 years, old, without additional cost, while driving the car. P UBLIC LIABILITY-Co,·ers you for damage imposed by law, Oil account of personal injuries 10 other perrnns hy r<!aso n of the use, maintenance or operation of your auto mo bile $5,000 oil any one person or $10,000 on any one accident im·olving two or more persons. PROPERTY DAMAGE-Covers amounts not to cxce~ d $1,000, which you may become liable to pay for d:1111:1 >e to other automobiles, vehicles or property. COLLISION DAMAGB-Covers damage to rour automobile or its equipment, caused by collision with anr stati onary or moving object. Covers up to the full value of the car and equipment (including tire~, if damage amount s to S200). Minimum loss requirement $25.00, which may be eli minated from the policy upon payment of an additional premium of $25.00. FIRE-Against direct loss or damage to the automobile. caused by fi1e arising from any cause whntsoever (other than war, riot , invasion or insurrection). THEFT- Against loss or damage by theft, robhl'ry, or pilferage by any pen;on or persons other than those in the employment, service or household of the insured. No minimum loss requirements. SBRVIGB. lnvtstigation and Dt{tnse- Upon ·receipt of notice of :m accident, the Companr makes a thorough investigation, and in case of probable liability endeavors to make a settlement, at its own expen.•e, without litigation. In the event a suit for damages should follow, the Company defends the action, defrays all court costs and expenses, thus relieving the assured from the annoyance and anxiety involved in such claims and suits. RA.TBS ON REQUEST Charles D. Brooks Underwriting Co . .Jacob■ on Bldll., D■ a'l'er, Colo., or Albuquerque, N. M. �( \ EMPLO, !(.~, ESTABLISHED 1887 LIAOII.ITY Puouc f/.::TIIUTY AUTOMOUILE CHARLE·s D. BROOKS UNDERW"RITING CO. ELEV ATOil lll SKS TEA>! RI SKS B UIICLARY ll'\DUSTHI Al, Pll\'SIC IANS D ENTIS TS P l.ATE GLA SS A CC ID ENT Tl EA LTll INSURANCE AND ADJUSTING Suite -11 8 ,Jacobson llldrl. Dcn,•er, Colo. .A .lb,u1ucrt1110. N . r+I . Compensation ID § 1lD. 11.° 21 IDl. CC e Effective June 14, 1917 <;:overing all extra hazards, employing four or more. Can you afford to be without protection, deprived of assumption of risk, contributory negligence and fellow-servant defenses; or can you afford to assume a liability of sixty (60) per cent of the average weekly earnings of any employee, regardless of the nature a~d extent of the injury, (wilful or self-inflicted injury, or intoxication, not covered) for a period of 520 weeks? The weekly payments may cover a period of Ten years; for permanent total disability for life, and in addition hospital, surgical and medicine). Maximum death benefit $5,400.00. I will be prepared to quote rates, covering every occupation and issue binders, covering your employees, until a representative from this Agency can call on you, thus relieving you of all iiability, both as to Compensation and Common Law, if Compensation is held 'unconstitutional. • All losses are paid immediately from this Agency. CHARLES D. BROOKS, UNDERWRITING CO. Suite 418 Jacobson Building, Denver, Colorado. Albuquerque, New M~xico. II I ,1 �SYNOPSI§ New Mexico's Wor~en's Compensation Law Effective June 14, 191 7 EMPLOYMENTS COVERED. This law applies to all extra-haza1:dous employments in the ordinary course of th e trade>, business or occupation of the employer, of four or more, as follows: (a) "Factories" means any premises wherein p.o wer is used in manufacturing, making, altering, adapting, ornamenting, finishing, repairing or renovating any article, including expressly any brick yard, meat-packing house, foundry, smelter, ore reduction works, lime-burning pla::it, stucco plant, steam heating plant, electric lighting or power plant, including all work in or directly connected with the constructions, installation , operation, alteration, removal or repair of wires, cables, switch-boards or apparatu s used for the transmission of electric curre::it, and water power plant, including tow er s and &tandpipes, power plant, blast furnace, paper mill, printing plant , flour mill, glass factory, cement plant, artificial gas plaµt, mii,chine. or machine repajr shop, salt plan t , oil refinery plant, chemical manufacturing plant, coke ovens and coal washeries. (b) ''\\'orkshop!' means any yard, plant, premises, -room or place where powerdriven machinery is employed and manual labor is exerqised incidental to the. process of making, ~itering, repairing, printing, or oruame::iting, finishing or .adapting for . sale or otherwise, any ·article or part of articie, over which · premises, room or 'p lace · the· employer of the 1:erson. working tberein has, the rig·ht to atce;,s or· control. (c) "Mi11" means any plant, premises, room· ' or place where ri1achjnery is used, any process of machi:lery, changing altering, or repairing any article or commodity· for sale or otherwise, together with · the yards and premi~es which are part of the plant, :nrluding elevators, warehou_s es and bunkei;s, sawmill,_sash {actory or other work in the lumber industry. (d) "l\Iine" means any o.11ening in the earth for the purpose of extracting iron, oil, coal or •other minerals, and all underground workings, slopes, drifts, shafts, galleries, wells and tu:mels, and other ways, cuts ·and openings connected therewith, including those ir,. the course of being-opened . sunk · or driven, and includ~s all tl1e appurtenant · Etructures or machinery at. or about the. openings of ,the mine, and . any adjoining_ or adjacent work pla~e where the mate.ri~l. [rom a mi]le is prepared for use or shipment, including tramways, tracks, haulag~ways, loading bins and tipples. • • (el "Quarry" means any place, not a mine, where stone , slate, clay, snt~d. :~tavel or other solid material is extracted from the earth. (fJ Reference to any "building work" shall be understood to include any worl{ in thP. erectio:1, construction, extension, decoratioh, alteration reuair or ,1emolition of anr i.Juilding or structural appurtenances, except residencP,., anci dructures being 1,uilt for the private use of the owner of farms, ranches or residence lots a·nd not under 0 C 0l1ll'UCt. lgJ "Engi:ieering work" means any work in the construction, alteration, extension, repair or demolitio~1 of a brldge, 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 iii · dredg'in'~. work 011 log or lumber raft bo_oms;_J?ile-~riving, 1_n o.vi11g _safes.' ·or in_la~!ng, _repair!ng: or _removlng·underg-r ~und :P;P~: a_nd _conn_e c~10ns, th e erec_t10n, _m stall~n~. repairing, or remoying unde_rground pipes a:.id. connections, the erections, mstallmg, re pairing . or removinoof boi·lers ·fu •• • d . • • • '·0 rnaces, , • cl• •: e_ngmes an_ pow e r machm ery (including belting and other connection) · ra r t' . an any work m ·g c mg or ~xcava m g wh ere shoring is necessary 1n· power , machinery or· bla r · . powder, dynamite or othe r high explosives are in use. • • s mg _ (h) '·Emplo yer " in clud es a ny pe rson, · 6r body or .·persons, corporate or incorporate and· the lega l r ep r esenta ti ves ·or a deceased emp'!o yer or the r e·ceiver ·or.. trustee of ; person, co r1~ora tion , a ssoc iat ion or partnership e:1gaged in or carrying on for lh·e p·u r> 11ose of_ busm ess, trade or gai n a ny of th e occup ati ons ·or ptirs uits to which lhis act .: is appli ca ble. (i) " \iVork ma n" m a ns any pe rson . who has e nte r ed in to the e mployment of or works _u nde r co:itract of ser vice or ap prentices hip with an e mployer, e·x cept a· pe.rson whose em ployme nt is purely casiia l and not for the purpose of the· employer's trade · or busin ess. T he t erm "workman" shall includ e "em plo~·e" • ai1c1 sl;all include the singula r ·a11d plura l of both sexes. �INJURIES COVERED. Compensation is payable for every injury caused by accident arising out of a:id in the course of employment, with fixed maximum and minimum limitations and for varying periods of time, depending upon the nature a:id the extent of the disability and is payable generally on a fifty per cent basis, for death as high as a sixty per cent basis, including $50.00 funeral expense. POLICY PROVISIONS. Every policy must provide that the insurer shall be directl y liable to the employee, that notice to the i::isured shall be notice to the insurer, that th e in olvency of th e insured shall not relieve the insurer. SYSTEMS PROVIDED. By carrying a Workmen's Compensation policy with a company autho rized by the State Insurance Department to issue such contracts or by -filing in the District Court in the judicial district in which the operatio:is are carri ed on, satis[actory evidence of the ability of the employer to pay such compensation , guaran teed by a bond iss ued by an authorized company, or a bond signed by two resid ent taxpay ers of t he State and the approval of the Judge. SUITS FOR DAMAGES. Any employer who has elected to come under the law, although not e ngaged in extra hazardous occupatio::i, shall be entitled to all the defenses . If engaged in extra hazardous occupation and has not complied with the Compensation requirements the assumption of risk, contributory negligence and fellow-servant defenses are abrogated. compensation payments being the exclusive remedy. LOSS OF TIME. Indemnity for loss of time under Compe:isation begins on the twenty-second day and in no event is payment made for the first three weeks. However. medicine, medical surgical and hospital expense furnished by employer. DEATH BENEFITS. Death benefits shall be paid In monthly installments corresponding in amou:it to as much as sixty per cent of the average weekly earnings of the employee for a period of 300 weeks, not exceeding $5,400.00. PERMANENT TOTAL DISABILITY. In cases of permanent total disability the award shall be fifty per cent of the average weeldy wages, not exceeding $10 per week, and shall continue until the death of such persons so totally disabled, not exceeding_a period of 520 weeks. The loss of both hands, or . both arms, or both feet, or both legs, or both eyes or any two thereof, shall prima facie constitute total and permanent disability, to be compensated according to the provisions of the law. TOTAL DISABILITY. When disability is temporary, but total, compensation Is fifty per cent of the average weekly earnings during the period of such disability, not to exceed a maximum of . $10.00 per week and not less than $5.00 per week, unless the employee's wages shall be less than $5.00 per week, in which event he shall receive compensation equal to his a,·erage weekly wages. �I S 11 I ' ,,/ / / COMPENSATIO·N LAW OF THE STAl'E OF WYOMING OHAPTE;R. 124. Session Lnws 1015. THE WORKMEN'S COMPENSATION LAW. AN ACT providing compensution for injuries or death resulting from •injudes, of workmen from accident occurring in extra-huznrdous 'employments; defining extra-huzanlous employments and •providing for the accumulation, maintenance und administration of funds 0 in the State Treasury for the payment. of such compensation . and ·repealing Sections 3526, 4291 and 4292 of Wyoming Compiled Statutes, 1910, and nil other ·laws or parts of lnws relating· to duwuges for injuries or death from injuries, or in anywise in conflict with this .A.ct, in so far ns they ure npplicnble to extra-hazardous employments. Be It Enacted by the Legislature of the State of Wyoming: Section 1. This Act shall be known as the "Workmen's Compensation Law." General Provisions. Sec. 2. Compensation herein provided for shall be payable to persons injured in extra-hazardous empfoyment, 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 funds -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 �COMPENSATION LAW 2 fo_r injt:ries or death from injuries or in anywise in confl1 ct with this Act :a.re hereby repealed, as to t he employmen ts employers and employees coming within the terms of this Adt. Provisions Exclusive, Compulsory and Obligatory. Sec. 3. The rights and remedies provided in this Act for an emp;oyee on account_ of an injury shall be exclusive of a ll other rights ·and_ remedies of such employee, his personal or lPgal representatives or dependent family a t common law or otherwise_ o_n account _of such injury; .and the terms, conditions and provISions of this Act for the payment of compensation ~nd the amo~t _th~reof for injuries sustained or death r esultmg from such IDJuries shall be exclusive, compulsory and oblig ato11'.' ~pon bot~ employers and employ ees coming within th e prov1S1ons hereof. • Extra-hazardous Occupations. S~. 4. The extra~ha.zardous occupations to which this Act . 1s applicable are as follows: factories, garages, mills, printing plants and works_hops ~here machinery is --u sed; foundri es. blast furnaces; mIDes, 011 wells, oil refineries; gas works; na~ tural gas plants; water wor~s; - reduction . works; breweri es ; cleva~o~ ;- dredges; excavations; transfer companies, general t£-ammg; sm~lters; powder works; laundries operated by ower i, quarries; enipneering ·_works; logging; lumber ya i'-'µ s; umberIDg and saw mill operations; street and interurban railroads not eng8:ged in interstate commerce; buildings being con~ructed, r~paired, moved or demolished; painting and paintmg operations; telephone, telegraph electric light or power pl~nts or_ lln:es; steam heating or po~er plants; railroa ds · not cn.,aged m inter~tate comn;ierce; bridge building and all employments _wherei!l a process requiring the use of any dangerous dexplosive or mflammable materials is carried on which is eo: :cted for the purpose of business, trade or gai~ each of w emp_loyments is hereby determined to be extra-h'azardous ~ w:ich from the_nature,_ conditions or means of prosecuthon t e work therem reqmres risks to t'he life .and limb of st:n::rikmen en~aged ther~in are inherent, necessary or subwher Y ~~voidable. This Act shall not apply in any case righ/ th t~ury occurred before this Act takes effect and . all to th~ ~ 1 have accrued_ by reason of any such injury prior llow ·sr mg effect of this Act shall be saved the remedies h ~XI mg therefor. This Act shall apply to the employers tfaw om workmen have been employed continuously for more set J°~hm~:ti at the time of the iaccident. [Amended by 19l!l.]' • , • L. 1917; amended by Sec. 1, Ch. 117, S. L f t· :f ° ? STATE OF v\TYOJ\IING 3 Exceptions. Sec. 5. This Act shall not be c·onstruecl to apply to business or employments, which accru·ding t o la.w are. so engaged iu inter state commer ce, as to be n ot subject to t he legislative power of the State nor to persons inj nred while they are so E:ngaged . Definitions. Sec. 6. In this Act unless th e context otherwise r equires : ( a ) " Factories" mean any premises wherein power is used in manufacturing, making, alter ing, aclapting, orn amenting, fi 11ishing, r epairing or r enovating any article for the purpose of trad e or gain or the business carri_ed on therein , including expr essly .any brick yard, meat-packi11g 11ouse, fo undry, smelter oi·e reduction ,rnrks, lime-burning plant, stucco plant, steam heating plant, electr ic lighting or power plant, including all work in or . directly connected with the construction, installation, operation, alteration, r emoval or repair of wires, cables, swi tch- boards or ap,paratus nsecl for th e transmission of electric current, and water power plaut, including towers and: stand r ipes, power plant, blast furnace, pa.per mill, pi·inting plant, flom· mill, glass factory, cement plant, art ificial. gas plant, machine or r epair shop, salt plant, oil r efinery plant and chemical manufacturing plant. (b) " '\Vork shop" means any yar d/ plant, premises, room c,r place where power driven machill"ery is employed and· manu al labor is exer cised by way of ti-ade or gain or otherwise in cidental to tli-e process of makin g, altering, r epafring, printing or ornamenting, finisiJ1ing or adapting for sale or otherwise any 2rticle or pa.rt of article, over whi ch premises, room or place the employer of the person working ther ein has the right of access or control. . ( c) " l\Iill " 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 part of the plant including elevators, warehouses and bunkers, saw mill, sash factory or other work in the lumber industry. ( cl) ' ' l\fine" means any opening in the earth for the pur- pose of extracting iron, oil, coal or other minerals and' all un- aerground workings, slopes, drifts, shafts, galleries; wells and_ tunnels, and other ways, cuts and openings connected therewitl1, including those in t_he course of being ope¥ed, sunk or driven, and includes all the appurtenant structures ·or macbinery at or about the openings of the min, and any adjoining adjacent work place where t he material from a mine is prepared for use or shipment. - �_ J __ 4 COl\IPENSATION LAW (e) "Quarry" means any plac~, not a :ni1:e, wher e ston e, slate, clay, sand, gravel or other sohd• material 1s dug or ot herwise extracted from the earth for the purpose of trade or bar gain or of the employer's trade or business. (f) "Building work" ~eans any "'.ork in tl~e er ection, construction, extension, decorat10n, alteration, r epair or d emolit ion of any building or structural appurt enances. (g) "Engineering work" means any work in the constr uc tion 1 alteration extension, repair or demolition of a r ailway tas hereinbefo;e defined), bridge, j etty, dike, dam, r eservoir, underground conduit, sewer, oil or gas well, oil t ank, gas tank , ·water tank or tower, any caisson 1Yorl!,'. or work in artificially compressed· air, any work in dredging, work on log or lumbe r rafts or booms; pile driving, moving buildings, moving safes, or in laying, repairing or removing underground pipes an d connections, the erection, installing, repairing, or removing o.f 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 ·explosives is in use lexcluding mining and quarrying). (h) "Employer" includes any person, or body of p ersons corporate or incorporate, and the legal representatives of a d·eeeased employer or the receiver or 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 apprent~ceship with an employer, except a person W'h-ose employment IS pur~ly casual and not for the purpose of the employer's ~rade or busmess or those engaged in clerical work, and not subJec~ ~o the hazards of the business or one holdinu an official po51 hon. The term "workmen" sh~ll include "employee" and !he term "employee" shall include "workmen" and each shall mclude the singular and plwal of both sexes. Any reftrence to a wor~man, who has been injm·ed shall, where the workman is ~'ead, mclude a reference to his "dependent family" as heremafter defined, or to his legal representative or where the workman 18 • • · fri a mmor or mcompetent to his guardian or next en~. ~Amended by Sec. 2, Ch. 117, S. L. 1919.] (J) 'Dependent families" as used in this Act means such :ee~bers of the 'Workman's family, as were wh:olly or in part in .P ndent upon t_he workman for support at the time of the and shall mclude widow or husband as the case may beJury children, or 1"f no widow • ' . ' and of parents th • • ' husband or child'l'en' the hi f e. InJured workman, if actually dependent upon or ~upport at the time of the injury• if it be shown that thm e SllrVIvmg sP0 use WI"Ifully deserted deceased ' without fault . I STATE OF WYOMING 5 upon the part of th e deceased, such surviving spouse will not . be r egarded, as a dependent in any d>egree. No surviving . spouse shall be entitled t o the benefits of this Act , unless she shall have been married to the deceased at filre time of the injury. . (k ) "Child or childr en" means such that are under SIXt een (16) years of age (and over said age, if physically or mentally incapacitated from earnin g) and shall also include legitimate children of th e injur ed• w01:kman bor~ after his deabh from injlll'y. In other cases quest10ns of family diependency in wh ole or in part sh,all be determined: in accordance with the fact, as the case may be at the time of the injury; the foregoing defu1ition of "dependent f~mili es ': ~hall no t includ~ a1;1y of the persons named, who are aliens r e~1dmg beyond the ~u~·1sdiction of the United iBtates of Amenca, except a sur v1vmg widow or children under sixteen (16) years of age and as to such n~n-r esident aliens the rate of compensation shall not exceed thirty-three and one-thil-d per cent (33¼ %) of the r ates of compensation herein provided. [Amended by Sec. 2, Ch. 69, S. L. 1917.] (1) The words "inju ri es sustained _in extra-hazardous ~mployment, " as used in this A.ct shall m clude death r es~ltmg from injury, and injuries to employees, as .a resul~ of then· ~ ployment and while at work in or ab out _tI1;e ~rell1.lses o?cupied, used or controlled by t he employer, and•mJuries occl1;1'rmg _elsewhere while at work in places wher e tilreir employer s busmess requires their presence and subjects them t_o extra-.h~za~·dous duties incident to the business, but shall not mclude mJm-ies _of the employees occm·ring while on his way to _assume the ~uties of ·his employment or after leaving such duties,. the proxunate cause of which injury is not the employer 's negligence. (m) The words " injury and personal inju~y" shall n~t include injury caused by the wilful act of a third person directed against an employee for reasons perso_nal to such employee, or •because of his employ:n~nt ; ~or a d1s~ase, except, as it shall directly result from an lllJury mcurred m the employment. (n) "Invalid" means one who is physically or mentally incapacitated from earning wages. Guardian May Act. Sec. 7. In case an injured workman is mentally incompetent or a minor, or _where death ~esults from the injury, _in case :any of his dependents, as herem de.fined_ be menta!lf mcompetenrt or a minor, at the time when any righ~ or _Priv1lege accrues to him und>er this Act, his guardian may, m h~s ~>eh~lf, claim and exercise such right or privilege and no hmitation �6 COMPENSATION LAW of time, in this Act provided for, shall run, so long as such incompetent or minor has no guardian. If Other Thrul Employer Is Liable. Sec. 8. 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 sh all be left to his remedy at law against such other person, and compensation shall not be payable under this Act. This Act Governs. Sec. 9. No contract, rule, regulation or device whatsoever shall _op~r_ate to relieve the_ employer, in whole or in part, from any liability created by this Act except a,s herein provided. Blank Forms Supplied by the State Treasurer. Sec. 10. It sha~ be the duty of ~he State Treasurer to prepare, cause to be prmted and supplied free for use in the .adruinistration of this law such blank forms as may be needed by employers for reporting and certifying pay-rolls of persons employed by them in extra-hazardous, employments and for reporting injuries; and forms for use of injured persons in making claims for compensation; also to provide himself with such oth<:f books, record1s or forms as may be deemed necessary to expedite the transaction of business under the provisions of this Act. Employer's Report of Accident. Sec. 11. Whenever an accident occurs causing mJury to any workman engaged in any of th:e extra-hazardous employm~n~s defined by this Act, it shall be the duty of the employer w1.thin ~O _days thereafter to make a report of such accident and the mJury resulting therefrom and to file said report in the office of ~he 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 ~nd n_ature of the accident and injury; also whether the 'injury ~s dis~bled the workman from continuinothe performance of 0 his duties. (2) ·whether the accident occurred w1iile the workman was ena0 age d m • h and grew out of th e employment.t e duties of his emplovment • ' 3 1 (th) The nature of the employment and duties and how c:ngl e workman had been eno-aged in the service of such 0 emp o~rer. STATE OF 1?{YOMING 7 ( 4) 'Wh eth er th e .accident was or was not due solely to .the culpable n egli gence of t he inj ured employee and if so a statement o.£ t he fa cts. ' (5) ·wheth er th e inj ured workman is married or single; if mal'l'i ed, whether he has a dependent family, and if so, the n ames of the persons comprising such dependent family and th eir place of r esidence. (6) ,V,Ji ether the in jured workman claims compensation under this Act, and whether his right t_o compensation or the 2mount of compensation is disputed by his employer. 1Said•r epor t may be made up on a printed for'm prepared by the Stat e 1'r easurer for such purposes, and shall be verified as pleadings in civil actions. Failure or neglect on the part of any employer wh ose business or_occupation is one enumerated and defin ed her ein, as bein g extr a-hazar dous, to r eport accident s causing inj ury to any of his cmployes, s~1:al1 be a misdemeanor and upon con viction su ch employer shall be punished by a fine of not exceeding Five Hm1 dred ($500.00) Dollars. Investigation by the District Judge-Procedure in Disputed Cases. Sec. 12. ·w h enever an injury or death r esulting from injury is r eported to the Clerk of t he District Court of the county wh er ein such injury occurred, in accordance with the preceding section, it shall be fl1 e duty of said Clerk to at once notify th e Judge of said Court, t hat suc:h injmy report h~s ·been filed in his office. It shall th ereupon be the du,ty of said Judge to ·illvestig.ate the nature of said injmy 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, rmd 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 the_reupon make an order directing payment for such compensati_on 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 i or a hearing at .tb:e earliest possible date and ~o 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 ·elate fixed! for said hearing, :vhich said notice shall be served by the Sheriff of said county without expense to eit•h er p.arty, except that his actual trav~ling expenses shall be allowed and taxed, as costs. The hearmg shall �COMPENSATION LAW 8 STATE OF WYO>ivIING be conducted upon the statement and r eport fil ed by th e employer and such fomal _cla~ms as may be presented and filed with the Clerk of the D1stnct Court by or on behalf of the injured workman. If the employer in his r eport of th e injury alleges t1rat t_he_injury was due solely to th e culpable n eglig<:~ce ?f the mJured_ empl?y~e, or that ~l:e claim for comp ensation 1s one not commg withm the provisions of this law th en a jury may be demanded•by either party and the cause sh'an be tried, as a court proceeding. If a jury is d emand·ed, it may be selected from names drawn from th e fiv e mile limit jury box. as in civil cases, at any time in term time or vacation unless i regular jury panel be in attendance . at Court on th e clnte ar1y such hearing may occur. The taking of evidencP. shall he summary giving a full ~pportunity . to all parties to develop the facts fully. The official Court R eporter of the district shall attend the hearing and make a stenographic report of the t>vidence without cost to either party. The Court or Jud()"e s·h all direct the County and Prosecuting Attorney or other co;petent 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 andi 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 ~ttendance and mileage as is fixed by law in civil actions, and Ju_ry 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 a~ainst the employer then he shall pay the costs. At the conclusion of the hearing, the ·court shall enter an or<for pursuant to the verdict 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 of tl1e case pursuant to the provisions of this Act, ana make an order allowin()' or disa1lowing compensation, as }he law and the evidence may warrant. In any proceeding be) ore a Co~ or Judge, as aforesaid, the Court or Judge ~~all iave au~honty to appoint a duly qualified impartial physician to examme t~e injured employee and give testimony. The ~ee fo~ such senriee shall be Five ($5.00) Dollars, unless otherwise 0 ~h ered _by the Court, with mileage allowed as is allowed to other witnesses, which shall be taxed as c~sts ·and paid as o er witness f ees are paid. The employer ' ' h" or employee may at 0 •~ expense also appoint a qualified physician, who may a e~ and be present at any such examination of an injured tmp oyee and give testmony at such hearing or investigation. -;r1 ,,,. <.;:J 9 Appeal to Supreme Court. Sec. 13. .Any order given and made in any investigation or hear ing by a -Court or Judge pursuant to the provisions of th is Act shall be r eviewable by the State -Supreme Court on proceedings in er ror :in the manner prescribed by the code of civil pr ocedure; provided, h owever, that th e petition in error, bill of exceptions and r ecord on appeal must be fil ed in the Su preme Court within thirty (30 ) •clays from the date of decision or order on motion for new trial by a Court or a Judge; unless the time be ex te nded by or der of Court or Judge, and thirty (30 ) days shall be allowed .all parties ther eafter for filing briefs an cl said appeal shall be advanced on the calendar and disposed of as promptly as possible. In case an appeal t o the Su preme Court is prosecut ed' on belrnlf of the injured workman, the County and P rosec\1ting Attorney, or other at'torney r epr esenting said work man, shall or der a transcript of the r ecord of the hearing and pr oceeding to be prepar edl by the offi cial Co ur t Reporter of the district wh er ein said injury occurred and duly certifi ed without cost to said injured workman and said County and• Prosecuting Attorney or other attorn~y shall or der the papers on file in th e office of tbe District Court t o be by said Clerk pr epar ed, transcripted, certified a nd forwa r ded to the Clerk of the Suprem·e Court without costto th e injured workman, and the proceedings in the Supreme Court shall be cond11cted on behalf of the injured workman by the At torney Gener al of the State as a part of his official duties, and by other attorney r epr esenting said workman. In case an app eal be prosecute d on behalf of the employer, th e i:ecorc~ of th e proceedin()'s at the ori ()'inal hearing shall be supplied without cost to s~ch employ:1-, .but such employer may employ counsel to conduct such appeal on his behalf. Court Order Recorded-Copies to Auditor and Treasurer. Sec. 14. Every order given and made by a ~istrict <;ourt or Judge awarding payment fro1~ the Industnal ~ccident Fund to an injured employee or lus dependent fannly, s:lmll be entered of record by the Clerk of the Court where give:1 and true copies thereof shall be immediately made a1;1d certified by said Clerk .and forwarded: to the State Auditor and State Treasurer, respectively1 of '\Vyoming, and shall be by each of said officers entere·d! upon a record to be known as the Compensation Docket and shall be the authority and direc~on of the State Auditor to issue warrants for compensat10u awards against the Industrial .Accident Fund and fo!· the State Treasurer to pay such compensation a.wards from said fund. �10 CO:i\IPENSATION LAW Industrial Accident Fund-Appropria,tion. Sec. 15. There is hereby created a fund to be known as tlie "Industrial Accident Fund," which shall be he1'd by the State Treasurer and by him_ deposited in such banks as are i>.uthorized to receive depoS1ts of funds of the State. The Treasurer in making said deposits &hiall divide th e said Industrial Accident Fund into two <listinct funds, one to be known ru; the ' ' General Fund'' and the other to be known as the ''•R eserve Fund." The "General Fund," as near as may be, shall be used for payment of all awards, clajms and items of expense charaeable against the Industrial Accident Fund, and the '' Re .. serv: Fund" shall not be used for any of said payments unless the "General Fund" at the time is insufficient to meet the demands upon it, in which case the Treasurer shall transfer from the '·Resene Fund" to the "General Fund" a sufficient amount . to meet the immediate demands upon said '' General Fund.'' The purpose of creating said '' Reserve Fund'' is to provide a fund within the Industrial Accident Fund sufficiently large to pay great aud 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 r.ear as may be unused in accordance with said purpose. Within thirty da.ys from the date on which this, Act shall take effect, tl1e State Treasurer shall set aside in thre '' Reserve Fund'' Three Hundred Thousand Dollars ($300,000.00), and thereafter shall set aside in this said "Reserve Fund" at the end of each month twenty-five per cent (25%) of all nioneys. received in the lndustrial Accident Pund during said month m excess of the amount expended, the balance. of moneys so receive<l to be used in the "General Fund•. " Three-fourths of the "Reserve I·'und" shall as near as may be kept invested in United States Government Bonds. All moneys received by the State Treasurer under the provisions of this Act shall become a par~ of the Industrial Accident Fund and there is hereby appropriated out of the funds of the State Treasury not otherwise appropriated the sum of 'rhidy Thousand Dollars, ($30,000.00) wh1ch shall be paid into and become a part of such fund. There is also appropriated annually, until otherwise provid_ed by law ~ut of any moneys in the State 'l'reasury not otherw_1se appropriated, a sum equal to oue~fourth of the tota,l S'Um which shall be received by the State Treasurer from employers under the proYisions of Section 16 hereof not however to exceed the sum of Fortr Thousand Dollars ($40,000.00) p~r annum, and · i:be money so .appropriated shall be credited to and become a part _o~ such fund . All fees or mileage of witnesses, jurors and physicians adjudged to be pai<l from the accident fund in any STATE OF "WYOMING 11 court proceeding under this Act, and all contingent expenses incurred in preparin g fo r and in th e administration of this ·A ct shall be I ai d fr om th e Industrial Accident Fund on proper voucher s ,an d warrant . [Amend ed by Sec. 3, Ch. 117, S. L. 1919.] Employers' Assessment. Sec. 16. Eve ry employer engaged in any of th e occupations h er ein defined, as extra-hazar dous, is her eby r equired to pay into th e State Treasury for t he benefit of the Industrial Acciden t F un d a su m of money eq ual to one and one-half per cent (1.½ % ) of th e moneys earned by each of his employees eng,aged in su ch ex•tr a-hazard ous employment during each c;alend ar mon th of such employment. Such payment shall be so made on or befor e the 15th clay of th e mont-lll following the month for whi ch such payments are compute d and paid. The State Treasurer sh all k eep a separ ate account for each employer so contribu t ing to said fu nd•, but he shall ~ot charge against any emp-loyc r th e amount of any ,~rarrant until th e same Jras been paid . Bach empl oyer shall contmue to make monthly contributions as above provided, unl ess the sum theretofore contributed by him, after deductin g all payments made on account of inji.u·ies to his employees and all allowances made on account of such injuries, shall equal full one and oue-h~lf per cent (1½%) of his annual pay-roll computed by m~ltiplymg his current month's pay-roll of workmen ~ng.a?ed m extrahazardous employment by twelve and shall likewise be not less than Five Thousand ($5,000.00 ) Dollars: Such _em~loye1: shall not be compelled to contribute when lus c_ontr1butions m the fund, after making deductions as aforesaid, shall equal one and one-half per cent (1½% ) of his ·annual pay-roll, and shall likewise be not less than Five Thousand ($5,000.00) Dollar:[Amendecl by Sec. 3, Ch. 69, S. L. 1917; amended by Sec. , Ch. 117, S. L. 1919.] d Copy of Pay-Roll to State Treasurer. Sec. 17. It shall be tb:e duty of each employer to ~orw~~e to the State Treasurer on a blank form provided _by ~aid S\ Treasurer, a true copy of his pay-roll of perso1;1s m Ins e:i,~e~ engaged in extra-hazardous employment clurmg the c C;alendar month sworn to either by himself or the ptson ing knowledge ~f said pay-roll. Each employer, un ess O • wise supplied with the last above blank form, shall seasona Y 1 1 same. A11Y failure off any apply to said Treasurer for tie . sue ,_1 1 O cmpioyer to file wi>th said State Treasurer a copy us pa? . provided, • w1 1roll as herem sh a11 b e a ~·sdemeanor • ' .and · any rovided fully false statement in any _affidaVJt made as ;er:fsciemeanor shall likewise constitute a nusdlemeanor, and a Y ;t~~r �-~ ------ 12 CO)IPENS.ATION LAW committed as in this Act provided shall be punishable by a fine of not more than Fi,e Hundred ($500.00) Dollars. [Amended by Sec. 4, Ch. 69, ·S. L. 1917; amended by Sec. 5, Oh. 117, S. L. 1919.] Duty of County Assessor, State Treasurer and Attorney General. . Sec. 18. It s~1all be the duty of the County Assessor in each of the counties of the State to make a _list of all employers within his county who are engaged in extra-hazard·ous industries as defined by this Act, and to forward such list of extrahazardous employments and: industries to the State Treasurer within thirty (30) da.ys after the passage and approval of this Act. It shall further be the duty of the County Assessor in each county of the State to make monthly reports to the State Treasurer showing what, if any, extra-hazardous industries have suspended business permanently, and what, if any, new extra-hazardous industries .have been establis•h ed and commenced in his county during the preceding month, and also showing each extra-hazard~us industry of his county not theretofore reported by him, and it shall be the duty of the State Treasurer to immediately proceed in the collection of -assesments from sueh extra-hazardous industries in the manner 1,rovided in Sec~ion 16 of this Act, and in case any County .Assessor shall fail to make the report required by this Act or shall neg_ligently fail to include in such report any empldy et· engaged m extra-hazardous business or industry and not there tofore ~eported, he shall be guilty of a mis·clemeanor and shall be pumshed by _a fine of not more than Five Hundred ($500.00) Dollars. And m case any employer engaged in an extra.-hazardous business or industry, as defined by this Act, s•l mll fail or refus~ to pa;v the assessment upon his current monthly payroll, as 1s required by this Act, 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 a!dtlition to the said fine it: shal~ be the ~uty of the Attorney General of this State to immediately brmg suit in the name of the State for the benefit of the !ndustrial Accident Fund against such employer for the collection of such assessment and if a judgment for the recovery of said assessment be' given in favor of the State for the use and benefit of the Industrial Accident Fund said judgmen~ shall be for double the amount of the pay-roll assessment rosvid~ by Section 16 hereof, together with costs. [Amended Y ec . .>, Ch. 69, S. L. 1917.] Compensation Schedule. th Sec. 19• Each employee, ,vho shall be injured in any of e extra-hazardous employments, as herein defined, or the de- ST.ATE OF WYOMING 13 p<:ndent family of. any . . such injured workman , who may d"1e as a r esu lt of• sue11 lllJ ~r1es, except in case of injuries due solely . to _the culpable n egli gen c~ of su~h injured employee, shall receive out of ~h e Industnal _Acciden t F und•, compensation in accordan_ce :v1th tJhe followmg schedule, and such payment sha_ll be m _h en of and t alce the place of any and all rights of action aga mst any_emplorer cont rib~ting, as r equired by this Act to the Industr1,al .Acciden t F' und m favor of any person or persons by r eason of any such injuries or death: (a) "Permanent, par tial disability " means the loss of either one fo ot, one leg, one h and, on e arm, one eye or the sight o_f one eye, ?ne or mor e fing ers, one or more toes, any dislocation wher e ligamen t s ar e sever ed, or any other injury known in surgery to be permanent, partial d~sability. For any permanent, partial di sabili ty r esultin g from any injury, th-e workman shall r eceive a lump sum as her einafter specified. For the loss of a thumb .... . . . .. . . . ................ $ 225.00 For the loss of a first fi n ger . .... .. . . . .... . ... . .... . 200.00 For the loss of a second fin ger ... . . . . ... .. ......... . 150.00 For the loss of a third finger ............... . .... . . . 150.00 For the loss of a fourth fing er .- .. . .... .. .. . .... . .. . . 150.00 F'or the loss of a palm (metacarpal bone) .. .. ..... .. . 600.00 For the loss of a hand . ........ . ... . . .... .. .. ... .. . 1.000.00 For the loss of an arm at or below elbow . . .. .. .. . .. . 1;200.00 For the loss of ,a n arm abon elb ow ....... . ...... . . . 1,500.00 For Anky-losis ( total stiffness of) or contractures ( due to sea.rs or injuries) which makes the fingers more than useless, the same amounts apply to such finger or fingers (not thumb) as given above. 'I'he loss of the 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 more than one-half of such thumb shall be considered to be equal to the loss of the whole thumb. The loss of the third or distal phalange of any finger &hall be considered! to be equal to the loss of two-thirds of such finger. The loss of more than the middle and distal phalanges of any finger shall be considered to be equal to the loss of the whole finger; provided, however, that in no cose shall the amount received for moo:e than one finger exceed the amount provided in this schedule for the loss of a hand. For the loss of a great toe ................... ••····.$ 29o.oo For the lpss of one of the toes other than great toe• • • • 1;,r..oo The loss of more than two-thirds of any toe shall be considere·dJ to be equal to the loss of the whole toe. �cmrPENSATION LAw STATE- OF WYOMING The loss of less than two-thirds of any toe shall be considered equal to the loss of one-half of the toe. For the 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 other injury known to surgery to be permanent partial disability, the workman shall receive a lump sum in an .amount proportioned to the extent of such permanent partial disability based as near as may be upon the forgoing schedule. (b) "Perma.n ent total disability" means the loss of both legs, or both arms, or one leg and one a.r m ; total loss of eyesight, paralysis or otlier condition permanently inca,pacitating the workman from performing any work at any gainful occu . pation. Where there has been a previous disability, as the loss of one eye or the sight thereof, one hand, one foot, or any other previous permanent disability, the percentage of disability £or a subsequent injury shall be dletermined by deducting the,r efrom 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: (1) I£ unmarried at the time of injury, a lump sum of $2,500.00. (2) I£ the workman had a wife or invalid husband, but no child under the age of sixteen (16) years, a lump sum of $2,500.00. (3) I£ the workman bave a child or children under the age of sixteen (16) years, £or any such child or children the lump sum providted in the preceding paragraph shall be increased by adding thereto One Hundred ($100.00) Dollars per ~·ear for each year until such child sh all be of the age of sixteen (16) years, but the total amount of such increased sum ~llo,Yed for children under sixteen · (16) years shall not exceed m the aggregate a lump sum of Five Thousand Five Hundred Dollars ($5,500.00) in any such case. (c) '_'Te?Iporar! total disability" means an injury which temporarily mcapac1tates the injured person from performing an~ W?rl~ at any gainful occup-ation £or the time, but from wlucll' lllJury such person may recover by meclical or surgical treatment andi be able to resume work. In such cases if th<> w? 1:kman lJe unma1:ried :at the time of the injury, he sirnll recen e the sum ?f T_h~rty-fise ($35.00) Dollars per month, so long as the total d1sab1hty shall continue. I£ he have a wife with w-hom he is liYing at the time of the injury he shall receive ;ort~: Yli40.00) Dollars per, month, and if he Jiave children uner sixteen (16) years of age, he shall receive Six ($6.00) Dol- lars per month £or each child under sixteen (16) f but the total month ly payment shall not exceed sf~ar($60aloe) J??llars per mo~t~. 1:'J ? compensatio~ shall ·be all~~d foi: the fast te~ days of _disability ~mless t•he mcapacity extends beyond the period of t_lnr ty days? 1~ which case the compensation shall run from the tnne o! the lllJUry. As soon as r ecovery is ·so complete ~hat the e.armn g power of the workman a t any kind of work 1s restored, th e pay1:1ents shall cease, but in no case shall the total payments ma>dle m such cases exceed in the ao-"'regate the. lump s~ ~m~unt he1:ein specified to be paid anbinjured workman £or mam·1es causmg p_erm:a?ent totaCdisability. . (_d) In all cases of total disabihty and permanent partial d~sab11Ity, tl!e _expense of medical attention and of care in hospital of the mJured workman shall be paid, not to exceed, however, One H undr ed Dollars ($100.00) in any case unless under general arrangement workman is entitled, to medical at tention and ca.re in hospital. "\\ her e ~e-ath r esults from an injury, the expense .of burial s,hall be paid not to exceed Fifty ($50.00) Doilars m any case, unless other arrangements exist between employer and employee under agreement. (1 ) B'ut if fae workman leaves a v,ridow or invalid widower, such surviving spo use shall r eceive a lump sum payment of Two 'l'housand ($2,000.00) Dollars ; provided, that if it be shown that the surviving spouse wilfully deserted deceased without fa.ult upon the part of the dleceased, such surviving spouse shall not be r egarded ·as a dependent in any degree, but in such cases the right of children under sixteen (16) years of age to compensation shall not be defeated. I£ said workman leaves a surviving child or children under sixteen (16) years of age, the guardian of said children, appointe•dJ as hereinafter provided, shall receive £or the use and benefit of said children, • R lump sum of One Hundred Doll,ars ($100.00) per year £or each surviving child under sixteen (16) years of age until the time when each of said surviving children.shall become sixteen (16) years of age; provided that the aggreg,a te lump sum paid to said guardian shall in no case exceed Three Thousand Dollars ($3,000.00). In all death cases where an order of compensation is made on account of children under sixteen (16) years of age, or to persons incompetent, said funds shall be disbursed under a rproper guai·dfanship to be created by the Court or Judge making such an order. (2) I£ the injured workman die during a period _of temporary total disability an·d after receiving compensation therefor, as herein provided, and his death be shown to ha-ye re su~ted from such injuries, the total amo~t of P:1yments 1:ece1ved by him during such disability a.nd_pr10r t? his death 'Wl;ll be deducted from the lump amount herem provided to be paid 14 1 15 �-- --- J __ 16 co:MPENSATION LAW ST.A.TB OF wYOil\UNG 17 Extra-hazardous PUiblic Work Cont t W Sec. 23. Whenever the State rac ork. corporation shall en"'a"'e in any exti'· c ounty or any municipal " ° 0 a-1iazardous wo ] • h' r { m ~v . 1ch wor1onen are emp loyed fo r wages, this Act sh thereto. Th e employer's payments i t tl I dall b~ applicable Fund shall be made from the Trea n. o i,e n ustr1al Accident municipality. If sa id work is bein; uJy <>\the State, cou~ty or roll of the contra ctor and the sub-con~~-tct Y_1 cfni~·act, the pa?of computation and in th e case of cont11act : ~ ~a be tl~e basis than one year in performance the r e uire 0 ik consun~mg less accident fund shall be subj ect to the p~ovisfoJsayt:in:t :to the the State for its general fund the county . o.. 11s ct and tion shall be entitl ed to coliect from t l or mumc1pal corporaamount ~1ayabl e to the Industrial Accide:t i:~acto~ :i1e full tractor, m turn, shall be entitled to collect from~~ contracto_r his proportionate amount of payment. ti e su . -?on-of tl11' t' I ll • , 1e prov1s1ons • s ~ec 10n. s 1a app 1_Y to _all extra-hazardous work clone 1 by contrn.c_t, exceI?t th:at m pnvate work the contractor shall be responsibl e, primarily and ·cl'ircctly, to the Industrial 'Accident Fund for t he proper percentage of the total pay-roll o.f the work and for the amounts due it, and the owner of the property affected by the contract shall be surety for such paym_ents. . ~\TJJ.eneve;1· and so lo~g. as _the state law, city charter 01 mum?1~al or~mance, provision 1s made for municipal employees lllJured _rn the course of employment, suciJ:J- employee shap not be .entitled to the benefits of this Act and shall not be rnclude~ m the pay-roll of the municipality nnd'er this· 'Act. Safety DeVJ.ces. . to the sUl'viving widow ,and children under sixteen (16) years of age in case of death resulting from injuries. (3) If the workman leaves no widow, widower or child und'.er the age of sixteen (16) years, but leaves a parent or parents surviving who were actually dependent upon him for support, such surviving parent or parents shall receive a lump sum which shall be computed at the rate of fifty per cent (50%) of the average monthly support actua.lly received by such parent or parents from the workman during the twelve months next preceding the occurrence of the injury calculated ar. near as may be over the probable period sue:h support would have continued, but in no case exceeding the sum of One Thou.sand ($1,000.00) Dollars. [Amended 'by Sec. 6, Ch. 69, S. L. 1917; amended by Sec. 6, Ch. 117, S. L. 1919.] i Forfeiture by Injured Employe~Payments Withheld. Sec. 20. If -any in,jlll'ed 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 reasonably essential to promote his recovery, he shall forfeit all right to compensation under this Act; and where an injured employee is under care and treatment of a physician, he shall not be permitted to personally receive or use any compensation payments allowed him under this Act, except upon the order of such physician, but such payments shall be wibhheld and deliver&di to such injured workman upon his recovery or discharge by such physician. Exemption from Execution or Attachment. Sec. 21. No money paid or payable under this Act out of the Industrial Accident Fund shall, prior-to issuanee and delivery of the warrant therefor be capable of being assigned, charged or ever be taken in execution or attached or garnished, or shall th'e same pass to .any other person 'by operation of law any such assignment or charges shall be void. Minor Workmen. Sec. 22. A minor working at an age legally permitted und1er the laws of this State shall be deemed sui juris for the ~urpose 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 due under this Act to such minor workman, the management of same shall be ,vithin the probate jurisdiction of the Courts, the · same as any other properties of minors. . . Sec. 24. Nothing in this Act contained shall repeal any existu~g law providing for the installation or maintenance of any device, means or method for the prevention of accidents in e~tra-h.azardous work or for a penalty or punishment for failure to mstall or maintain 1any such protective -device, means or method. - ..,.i Fees for Services in Procuring Compensation Limited. Sec. 25. It shall be unlawful for any person or any number ?f persons acting together or separately or in ap.y way, includin~ attorneys, agents, interpreters, and all other persons, to receive or agree to receive either directly or indirectly from any beneficiary or beneficiaries under this Act, for services rendered or to be rendered either jointly or separately, iri rel.a.ting to procuring any be~efit or benefits under this Act, any sum or sums aggregating more than fifty dollars or more ~han five per centum of the whole amount received1 or to be received by such beneficiary or beneficiaries on account of ~juries _to any employee. Every person violating or concerned m the VIO- �20 COi\IPENSATION LAW Justrial Accident Fund and in consideration of the payments made by the State to such fund, and no part of any moneys so paid in by any employer shall ever be r efund ed to him eit her during the time when he continues in business as such employer, or ,after he ceases such business. Provided, howe, er, if this Act shall be hereafter repealed or held invalid', all moneys which are in the Industrial Fund at the time of the r epeal or final holding of invalidity shall be subj ect to such disposition as may be provided by the Legislature, and in default of such legisl1ative provision, distribution thereof shall be in accordan ce ·:vith the justice of the matter, due regard being had to obli gations of compensation incurred and• existing. 'Existing Contracts and Pending Actions Not Affected. Sec. 33. This Act shall not affect any contract entered uito and e•x isting before its passage 01· · any action pending or ·:ause of action existing prior to .A:pril 1st, 1915. Sec. 34. 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 Approved February 23, 1919. \ Ii �- - - - -- -- - - / T'~1jPORARY DISABILITY I I!.inimum, Colol"'ad o Idaho 50~ of ,·1ages, llaximum, C4ooo.oo . Minimum, so% of nages Eaxifilum, 035.00 per month Minimum, $27.00 per month II 55.00 " Maximum. Minimum, Maximum, ~27.00 per month Utah Minimum, Maxi.'llULl, 551, of wages C55.00 per month Hashington t.iinimum, Maximum, {? 20.00 per month Liini.roum, 035.00 per month 60.00 II " Wyoming 1.!a,cimum, 45.00 35.00 II II 11 rt PERr.: ANEHT DISABILITY Arizona r.'. inimum, Uaximum, 501" of \7age s $4000,. 00 Colorado f!inim~, I.!aximum, 022.00 per month l:'iinimum, C27.00 per month, $2400.00 11 ~:54.00 n 4800.00 Idaho i:aximum, Montana Utah l'/ashington Oregon i:7yoming llinimum, 35.00 per month 027,00 per month, 02000.00 4000. 00 gaximum, so,s of t'lUges, Minimum, I:!aximum, ¢ 31.00 por month 11 54.00 " !Einimum, t 20.oo per month 1iaximum, 35.0Q Uinimum, G3o.oo per month ~aximum, 50.0Q !linimum, ◊ 2500.00 I:'.:aximum, 6250.00 II II fl II C4500.00 ~4000.00 �Di~ATH Arizona r.1inimum, llaximum, Colorado 1,.inimum, ~ \' . . maximum, Idaho 2400 x ½daily v aga C4ooo.oo 01000.00 2500.00 l-tinimuro, lla.ximum, C24oo.oo Minimum, 02400.00 4000~00 tio.ximum, 4800.00 82000.00 4500.00' Utah Hinimuru, Washington !_lj inimu.rn, 'MaximUI!l, ,; Oregon Einimum, f 30.00 per month [; 50. 00 11 n till death or re-marr iage \1yoming t!inimum , Maximum, Maximum, llaximum·, r, 8,4000.00 or C35.00 per month till death or re-marriage. $1000.00 5000. 00 j �I r ·' ,. \ ,- ----- / r. I_/ - / I y ,. V I / 1 :;_""1..., I , ' ./: \ f-,C,t'} ·? ~/ .•./"c·""J . I • • ,· ��/ ;---;_-.'. -· -??,·:,:. -,..: ,/ ' , - . • • ✓. • ~ t.? !-41 w .r v-: ...,; '- µ. -~ -~ - ;'. • ' · .- .:/. I .?-"t" , _ , .... ,·... / 0 ,I_/ ::J . �SHIPPERS O F O R IG INA L ROC K SP RI N GS CQA L PRODUCERS SI N C E 186 1;1 BRANCHES: PORTLAND, ORE. SPOKANE, WASH. BOISE, IDAHO. POCATEL.LO, IDAHO. SAL.T L.AKECITY, UTAH. DENVER . COLO. OF ROCK SPRINGS AND HANNA CoAL If r·) °" r·o, 1}1\I t( llmt:lfirNrl(QN(PftGIJifi> -n • - - . --~ '1, - - • n - '.· JOHN STERLIN~ GENERAL SALES AGENT ~-~ ~ ~~~ l!) nlil,,. ' J l\, m·"'. !"'A M ' ~ "''~ "' r - .I '1J,1. • '.l(..c-u~ ;• :_ \;:' '.... . ~-.~~ - -- - - = ·1 SALES DEPARTMENT . ------- -- ------OMAHA, NEBR., ..i ~ 1- .... , ....... lZ ·, 0 u a:: ::> 0 oil. Zo ~"! t J" 0i= Ul 1"1 <! u1- ~8 1:)1.. l? ll. -l!l ~~ Ow · Uu<ll -lo: 0: z W11.w - ~~-~ �( :) l ; t (' ; c/. J' • On 8ly )u<~.9 !?03 0 tho 11 /..!om:,:idoi' r 1:!.l1° rm~ pcl3oCtl• Ti'r'o nci ootoDUotiocl t,10 Unbi!lty oi •~•ho Utliicd Gt ·~oo G::>VOh"iS':lO t. for;• ik1juti.oo~ urnl <lonth rx-oz:i lnjurv 0 of cor·c.r;'.in e!noo= ' U'ioo io!'ls oi.' ;:,,_·-1c1'tr.:rof;.x. ,1or...t:::_u oracncc:u in haco.rdouo oeciaaputiono. And i"urthoa> i>'ii"'O<'> �!' \'./o.o no5li~oil't o:r l!'!Oto nucl nlso pirovidcd co:nporisutf:.{m fo4' 'oho do·1ondon', o pf ou0h Acc i dent !~1j W"ecl \'iO E'm'JOth trota'l.cr.l .a x'\md to bo l.morm os "'I ilo XndtAOtlt"ial/ D'unti 0 o f &>ovi<.\oi:l !io.? about fiK'Cy oocupotiono I71:1.irui arc to bo con;;iid()~cd GO mt.tt·o. !:lunoirclouo in ·tho m00U2.n~ 0 of tho lm-1 0 nml ioclu oo (!iuV and 'i'oai'i I:a~~bullo nucl City onll 'l'om:1 Fii'ecwo Din o .• ,roow.i, cmcl;.;doo miy z,oir-::;cm hol<2.i11g mi crn ointnont of nhotr1U or Daputy ShcriU 0 Constooloo o~ .!loptAty eonoto~lo□, und poi-raono etJ6cc~ocl in 111toFD?~0 ~o CO!'Ztl':loroo11 ·FC.lneh or fem ttoril, otool. t~otol1.11c oild dor.Gcctio oorvioo.· on(Jlcea in cmy 'buoinouo or oocupotiQn uotinod Clo c.rtt.oo,,,hozuraoua. �... . L" \ I �( omm rmu-viVL -C \.'i Y ,'l~ (%' ::..u•,..1uHcl t;itlooo~~~ tmc :ro~;1.<1a1,:"lv li1ar1 i(}ct ti·~ ttm 1;:trno off ino 4 neef~drn:1·0 C' b? - t::o.w u~i'.'.\CO du.~y coitrt.':1~UOU by n lo:s_:cli. C.':l~C:Ji).l1¥ 11 c.me!l -d 1n•vSi.Vi~e f), OUOQ (l -l:V.t ~·Jt oo c(_~u., ,..{ o - - ca u do;;:,o ~dm·rt; iJ.U nrty dogs-0 0-0 -~:1 t i ·J •,1~'"1Ji.Vi h a ~p ot-1C)o tn u t;tJ ~roolG!~1•~·t &.tm o' ·I :10 Ltu,:·;od. t.>'Gntoo~ p~J!k1m,t o m'o l,u:rtte,j ·i;.~ 0 a-ooi\uin3 boyoncJ iho -ono ,~ '.t lt 0l? C, o t-s-..:Q~~l\j S ' tLflo docos .. od c:wl.lru~l !ecwo o e'ailu oil... ©ni2d:.·w o g:..m"" aa~ o,iQJ.l. bo 0-,;>l)O!ll'~Od~ Cl i.\ Lrn.c: otL (iUat"'ct1UIJl ohnll l?O~CiVOo t,n ~ ·c.tw ~O!)O!Z."0 ;A o ;l ehilth:'C~g u l~.:,, oft ~-1 20 oGO tyO}.~ ~•or;irr \!!'i~~u 01:it:;h &1 Ud!i'C!.t O ) C}:!,:,\. ii'CUCh 't ao aso 'lfi''~'lriOQO o " 0 u ::;c;woti).io w-:o ul::li to bo !)~d 01.~ekl r; ~:11>"~ rnn ~i c~1:.\ i(1rm1 oz ;.ioccoood r1oirlttc!~1,.'1 olmV,, 1-mt bo iu oneooo off ~3 0600.COo l:)oyonu tho julf'!odict!ot~ Qg ~Uc \Ji J/.:;o©l (~ic\'~on 0-so ! w1~•wu '1.)0 01:10 ·tl:d,rd oi "';10 c..:oi; m oi (l0~liJC,H1C U'UOirl [)i!"OVidod 0 !f? tho r:o-rcrr.:c,.~ l06;VQ fiG OV.~'Vivic~, D_ Ql~ O 01:' Gil ~,.f..(h'E:~1,;, tl ~ 1oi\VOG 0. i,cwoni O:i" p0.i,'0~1i{l il OllOU rmir-viv.iu • oo.1.~c1;~i Ol? [)C,'"c:·rCp o ol'ln:U. r.oco!vo C !..W':Ji) ouo 0) !] Q!. 0 0.:JO.OO. 111..rc 9..t ouch St.i.l!.'IJ!VS\.l" rJ ilt:i.ftOttjt 01!' 99tonio Clr'O nc;inc,,r.•coiuoui ou-o~-~j ~ho !;- ~:Jo rmni io ,~loo !klii.,G(l '()() 01.'lO 't;ll :f.li'cl oz 'ti!lO CAIOtm·~ i_?<i'vV.ldQ(l • .T: 1i:'11f!'lKf n 11.';Y"/'J., f.)iSJ~D:n.,z~:£; 1 lo m1 :1taj uey ·,,?lien ior.:11. oi•o.i.-1.lV .l1'~ecr,c~0 o1tc.tco the co!."ti□ OJ.l flr0o poirfomi!.}g c.u w !d.1i1d. o t? 'uOJ?tZ nt c.; c::.,iufl'w. ooe~~iic-::1 0 b~·~ Kroo \'.]r-U,C tl1oabilSty tllo \.'.iOi'1,. C.!l C;/,J Z'O~OVOA' atl!,! ~o ·UbJ.o to X'Otluc:l hio dl!lti£)0 e ituyo i=onto oJ? CO.JiiOOOutioa for tcr~par·-aty ·~otal d:'..oa.b:Ulty- ohall bo tl1oc:on·~tnucd no Qoot1 t1Q tn.o oorntnG p(Kl01' og il'lo >;:1orl.r.muo ui OO/J I;!t--1\l of? © gru.t~i~ occ:a;l!.!.tiom. 0 t::, !i'oot9~Wde r.uo o.c!Jc6ulo or po:racn-to p1."0vi.doil ·foll' ".;omoo,:-ot?y 'total m.unbil.li~~ to oo !lollouo: :u tho t1orlu.1r.u io tlflwc.r1,1cd n'b t.½o tlco of ·u10 inju1ty !ao Ghol! wcco~vo o,c.oo per pe n.th oo J.oncr ao the clioo.Di.U.~y ohul.1 ~o.niinuo: :u- ta.o ,,ntmmi io ut.rricd nt 10 ti!';lo of 1njuey oonthly p~ymonto ot 060. co ;,or □outh nro t)i'oviclcfl m1tl on au~... tionol 07 •SO :~r ti1ont! for- C!2ch c!.lUtl ur.!lor 16 yoora or er;;o . l.r.-;o\mt of pc~11..lm.ito ovo �\ ot' mt tho 2i.1j ary boo 41o~lod .;ho -·:n~1uqc~ t:ro~ coll~inuinn o-~ hio rci.;w.cf:' c:::.ic,loym~ute if tho ocoidoi:t. occiwrocl i;;,1Uc iho uoa-kc:.an tJuo cuu1.i..~d .5.n tho d· M.w of Id.ti ¥.'O[.;"iiJ.ur ploywo t, il ouch iujuey er~~ out a~· auCI". ou~loyecnt~ ti,e nntiu•o uml uu'ii cp o~ iho ti:>1' on• o c::1~oyuo1rt., 'J~U tho ucei..llot:~ tluo ·io ttl<.i ct.al }Oblc ucaU~cv..oo a, tho ar~J,.WiJd -c;or · a a, \'./hetller or 60i. tlilo itlj urcd \1orl~t:m1-1 i ·o c,brr.iou. or uin;~lo, if n •~r;tcu end u • 5- - - - - - 4 - �, _j OOD";_qno cx~!(!)U p£iell be, m'r~<?ft ni:'tS.:!2-.P·~-Q~l1'.),, 2Jd~L,~d--L~l~~;A_pfkEi:£f..-f>.,. q_:? t!'~h,Q> .f i'O;,J "'1;ho <lato_oSi' _t ho r;,qg$.tlou~ • . :Kftp... ~~r,-9v o,~o_J;t1_c c::,,2l~,V£;,)_!Q ~!.9,,f'~ ~~.,l.~l.~.}/~S·~ 90 cloyo. in no ~0,y o.Ucoto tho oor"t,ttm. oo " o ~oot of irouc:ml aua t!Oiutomnoo ost 'Ula 1:.11.1v. id !o -() �el r.1.r:.c ... ~ tile cln~c oz ~cci do~; eh;it'noto? nr.id .(i ~:,n'~O Qf ~1w b iJ ti1;•~,; 'tho:C ino oYv!.6,yo&cr~d thu ;,·.~ r lss~m c.voo :i. ·, t ho -;;01.-•o .; oZ tho ,!r.L\7Q o.ocox-·~ntnod tllG ·ti.. .,i~) ar:.1oui1'ti to bo tho iuj uretl \lOi'tD c.l; 1.rhi:rt t h¢lrc :.-,w i40 colluoion bct1:;:J .:,,n w.iplt:1yas- nn<.~ ~';1,s·twm!a ill i.mir.1 or l"ivtuc; n~ CZ:iOUi'l.t ()li.' co¥ (1ci~ ct!on due; t.hc:'i!, t t0 i ,1j ~r.,,ct ·t:o:rrui,w.n ril~.1.!:E1s oJ.uio i"otr C!:::)ttut j v.!:itly tluc h~n mitl ii1ot 1.lw cr- ) l '-']Of G~Vc J nvDGnt to oach ~c-i y !:l:Or.it v K ~'-l:Jr_,\ mma\:,!o~. �~n <ili apt\'~eH.1 onoorJQ ..:mtc!.a t u;•0 vor:y liilW." 0 0 U ·taw liiif:b'G Ql? tho i.1or koon i o COEl t,>O ~!3a.'ii!•:n1i> or ·i hc c::,tn~. or corJr>ornmtioq, slci,nodi , i, ('; d:1.srmtodo i i io' tno duty Gt tho ,J uct~o ·~< , oct tho !H'J t~r'l.\;,)2, ott \~·1~~ <;t:10 0 tYt tl.'.iO oc,!'.Ll.c0t poooiblo tlctQ o noi¼4 t ho VJOt lu:tm l?l }V.U pOlr~Oi,""fl Ota(;~ 00 'Vi OO 'C1n ,t,O ''\;, GOC 'to ·to v~l O i.,o t tma~i o i t!O -OD )!oyol? ~::x,J \'._,1,.,,,-. , ,_' evi dence 0 9pG~0 i n f)Q:i' 0 0 ~1 Qi' b, r.O!'lSI ~J ~ UH' l i H'C i.'(lClUCP / CWl ~i o >. n l".i tAO m :'HlCDO(,;:'J o t 1iO •,rn rt;_t;Qti z.o ~::,t U oblo [\' OR' GO Uf'(i ot• O"lrllC!l'' c:o o-'i;o 2.~-1 c'1iopui:od CuOOQ O t,1, ,t QZ t~ ~:00~ om! (;(::L\r-'6 Acci dent cra oto . lfo to,,::-no by 'ti io lm1ua'(;_.•; 01./ r. ··.:)d o;,copt 1:JrlO :i aa:ioat :1c Of5" i nD\, the. mJp! oyct?o "\:llll011 i njurico of n V<'l-t"Jf :u.ttlo occouiji . U t ho c.cployo~ ia U;')t noi1Ucd l)V the r1o r kiJJim o of nU ucd,cloliltol iajurrico. ho cnnn~t cO:}vlY \7.itb -u ,o lco ~o ctai'ii:.1.ag u :u.ne of -~1u; c:aplo¥otoo r o;:>H) lr'C 0 g acc.idCiil°t , oo • i"C f~M·dlooo of ~he cr.1,11l.1)foi?0ij u'·o cl i nco i t'l ?,ho c,,_1tt.oi"11 h o to ,,lo.oc,1 ~ tt-ao pDoit1on of hnv ua to oithoir di.opu.to tho ti·o r-Ht;:~n° o -olclm ~r co ~lfooo hioooJ.A' au!tty of not bC1vir15 QOr.l£).liOc1 \"13.tu tho pi•,:rvt,;101:10 of tr1c· .tnr'l nml tmbjo~t bitil:Jol f t o ·mo _r,Q:t:il tv l I ·' ,( J �r I .,.• t n~o . c ~-·,.:. t•"?t m (~t,1t.0r1b · , ~ Y, ·~ -~ l"lf1 °t( 0 C:Y.l ·: 0 , J:'t \ ' CL .,,---.., J '.I 11 t C ' (. I.,. 11 '• 1l \.. ~ ·, : 11 r _I �f I -- - - - - - - r--.., \ foll • i . ) - 1 I �• • 0 Lo �( T' r . ··"i t1 o :r t ... n <?J"Dloc:i.on ,.,..__ I ,. !' to the· , ·"l ( 1 .. . .. J,.. '. " > I \ I _,J 1 �I ( '• u , .... i' • : [\ 0 . \ \ _ _ ___ ' �r l t-- TITLE 49. INDUSTRIAL COMMISSIO T. (' 17, p. 306.) 3061. Commission Created. Membership. Tenns. T here is hcrehy created the industrial commi ss ion of U t ah, to be composed o f three members, who shall be appointed by th e govern or w ithin th irty days after thi s title goes into effect. Two of the members of such commi ss ion shall be appointed for the term of two y ears and on e fo r four years, and thereafter each member shall be appointed, with the advice and consent of the senate, for the term of four years. Not more than two of the memb ers of said commission shall belong to the same political party. 3062. Removals for cause. The governor at any time may remove any member of the commission for inefficiency, neglect of duty, malfeasan ce, misfeasance, or nonfeasance in office. 3063. Limitations, business and political. No commissioner shall hold any office of trust or profit, or engage in any occupation or bnsiness interfering or inconsistent with his duties as such commissioner, and no commissioner shall serve on any committee of any political party. • 3064. Salary. Qualifications. Bonds of commissioners and employes. Each of said commissioners shall receive an annual salary of $4000, payable in the same manner as the salaries of other officers of the state are paid. Before entering upon the duties of his office, each commissioner shall take and subscribe to the constitutional oath of office, which oath shall be filed in the office of the secretary of state. Each member of the commission shall give a corporate surety bond in the sum of $10,000, which bond shall be approved by the governor and filed with the state treasurer. All employes or deputies of the commission receiving or disbursing funds of the ·state shall give corporate surety bonds to the state in amounts and with surety to be approved by the commission. The premiums of all bonds provided for in this section shall be paid out of the state treasury. I I • l i i ) lI \ I I I l �INDUSTRIAL CO~MISSION . 3065. Organization. Quorum. . V~cancies. Within thirty days after this title goes into effect, tl:e comm1s~1on shall meet at ~he seat of go_ve~nment and organi'ze by choosmg: one of its members as chairma~. A maJonty of the commission shall constitute a quoru!Il. to transa~t _business. No vacancy shall impair the rights of the remammg comm1ss10!1ers to exercise all the powers of the commission; and in case a vacancy exists, the remaining members of t~e ~ommis_sion shall exerci~e all of the powers and a uthorities of the commission until such vacancy 1s filled. 3066. Offices. Places of sessions. The commission shall keep and maintain its offices at the state capitol, in suitable r?o':11 oi:- rooms. N ecessary office furniture shall be furnished to the commiss10n m the state capitol. The commission may hold sessions in any place within the state of Utah. 3067 Official seal. Judicial notice. Certification of records. The commission ~hall have an official seal for the authentication of itc; or dex:s and proceedings, upon which seal shall be en~raved the words,_ "!he indust rial commission of Utah " and such other design as the comm1ss1on m ay prescribe· and the co.u rts in this state shall take judicial notice of t he seal of the co'mmission, and in all cases copies of orders, proceedings. or r ecord~ in the office of the industrial commission of Utah, certified by the secretary of the said commission under its seal, shall be equal 'to the original as evidence. • • 3068. Business hours. Sessions. Records. Voting. The com mission shall be open for the transaction of business · during all business hours of each and every day except Sunday and legal holidays. The sessions of th 1:: commission shall be open to the public. All proceedings of the commission shall be shown on its records, which shall be a public record, and all voti ng shall be had by calling each member's name by the secretary, and each member's vote shall be recorded on the proc·e edings as . cast. 3069. Adoption and change of rules of procedure. Subject to the provis,ons of this title, the commission may adopt its own rules of procedure, and may change the same from time to time in its discretion. 3070. Commission employes. Compensation, expenses. The commission may employ a secretary, deputies, actuaries, accountants, inspecto.rs , examiners, experts, clerks, physicians, stenographers, and other assistants, and fix their compensation. Such employment and compensation shall be 'first approved by the governor, and shall be paid out of the state treasury. :rhe members of the commission, deputies, secretary, actuaries, accountants, lllSfectors, examiners, experts, clerks, physicians, stenographers, and other assistants that may be employed shall be entitled to receive from the state treasury their salaries or compensation, and also their actual and necessary expenses while traveling on the business of the commission and the members of the commission may confer and meet with officers 'of other states and. officers of the United States on any matters pertaining to their official ~uties. Such expenses shall be itemized and sworn to by the person who mcurred the expense and allowed by the commission. 3071. Places o~ employment. Safety devices. Obeying orders. Every employer shall furnish employ~ent and a place of employment which s~all be dsaff for the employes therein, and shall furnish and use safety devices and sa egufards, adopt and use methods and processes and follow and obey or ders o the • 10 • n, reasonably adequate to render ' f commiss such employment an P1ace O employment safe, and shall do every other thing reasonably necessary to p~otect the life, health, safety, and welfare of such employes. . 3072. Dutiea of empl N0 · 1 permit an em lo ~yera. employer shall require or knowmg Y is not saf! an~ Joe :o ~e m ai°y employment or place of emplovment which vices and ;afeguards u~r lJ?toyeb shall fail to provide and use safety deor to adopt and use' methods ~n~ ey and follow orders of the commission, such employment and place of e rocesses reasonably adequate to rende_r mp oyment safe, and no employer shall fail · 1 r y I INDUSTRIAL co:rvI MISSION . or neglec t t o do every other thing reasonably necessary to protect the life, health, safety, and welfa re of his employes; and no employer or other person shall hereafter construct or occupy or maintain any place of employment that. is not safe. 3073. Duties of employes. No employe shall remove, displace, damage, destroy, or carry off any safety device or safeguard provided for use in any employment or place of employment, nor interfere in any way with the use ther eof by any other person, nor shall any such employe interfere with the use of any method or process adopt ed for the protection of any employe in such employment or place of employment , nor fail or neglect to follow and obey orders and to do every other thing reasonably necessary to protect the life, health, safety, and welfa re of employes. 3074. Right of exnmina'l:ion. Any commissioner or deputy of the commission may enter any place of employment for the purpose of collecting facts a nd statistics, examining the provisions made for the health, safety, and welfar e of the employes ther ein, and bring to the attention of every employer any law, or any order of the commission, and any failure on the part of such employer to comply therewi th. No employer shall refuse to admit any commissioner or dep uty of the commission to his place of employment 3075. Supe;rvi.sion ove1:· places of employment. The commission is vested with the powe r a nd jurisdiction to have such supervision of every employment and place of employment and of every building and establishment in this sta t e as may be necessary adequately to enforce and administer all laws and all law ful orders requiring every employment and place of employm ent t o be safe, and requiring the protection of the life, health, safety, and welfa re of every employe in such employment or place of employment. 3076. General powers of commission. It shall also be the duty of the commission, and it shall have full power, jurisdiction, and authority: 1. To administer and enforce all laws for the protection of life, health, safety, and welfare of employes; 2. To ascertain and fix such reasonable standards and prescribe, modify and enforce such reasonable orders for the adoption of safety devices, safeguards, and other means or methods of protection, to be as nearly uniform as possible, as may be necessary to carry out all laws and lawful orders relative to the protection of the life, health, safety, and welfare of employes in employment and places of employment; 3. To ascertain, fix, and order such reasonable standards for the construction, repair, and maintenance of places of employment as shall render them safe; 4. To investigate, ascertain, and determine such reasonable classifications of persons, employments, and places of employment as shall be necessary to carry out the purposes of this title; 5. To do all in its power to promote the voluntary arbitration, mediation, and conciliation of disputes between employers and employes; 6. To establish and conduct free employment agencies, and license and supervise the work of private employment offices, and to do all in its power to bring together employers seeking employes :i,1;d working people seeking employment, and to make known the opportumties for employment in this state; Employment offices, §§ 2440-2458. 7. To collect, collate, and publish all statistical and other information relating to employes, employers, employments, and places of employment and such other statistics as it may deem proper; 8. Upon petition by any person that any employment or place of empl?y':11ent is not safe or i~ inj~riou~ to the w_e lfare of any employe, the comm1ss10n shall proceed, with o_r ~1thout notice, to make such investigation as may be necessary to determme the matter complained of. After such investigation, the commission shall enter such order relative thereto as may �-----. INDUSTRIAL COMMISSION. be necessary to render such employment or place ?f employment safe and not injurious to the welfare of the employes therem. Whenever the_ commission shall believe that any employment or pla~e of emp~oyment 1s ~ot safe or is injurious to the welfare of any empl_oye, it ma:y of its 0 :"'n mot10n summarily investigate the same, with or without notice, and issue such orcler as it may deem necessary to render such employment or place of employment safe; . . . 9 All duties liabilities authority, powers, and privileges conferred and i~posed· by I;w upon th~ commissioner of immigrati~m, labor, and sta tistics, state mine inspector of coal and_ hydro-carbon mmes, an_? )1oard of conciliation and arbitration are hereby imposed upon . the comm1ss10n. All laws relating to the commissioner of immigra~ion, labor, and statis t ics, state mine inspector of coal and hydro-carbon mmes, and board of' concil iation and arbitration shall apply to, relate, and refer to the industrial commisson of Utah. The industrial commission of Utah shall be deemed th e commissioner of immigration, labor, and statistics, state mine inspector of rna l and hydro-carbon mines, and board of labor, conciliation and arbitra tion within the meaning of existing laws; Commissioner Immigration, labor and staUstics, §§ 302~-3034. State mine inspector coal, etc., §§ 3910-3934. Board of labor, conclliatlon and a rblt ratJon §§ 3634-3644. • ~0. All orders o_f the c~mmission in conformity with law shall be valid and m. for~e and p_nma fac1e reasonable and lawful until they are found othe~w1~e m an a~t10n brought for that purpose pursuant to the provisions of this title or until altered or revoked by the commission; 11. All ge!'leral o:der_s of the commission shall take effect within thirty d~ys after their pub)1c~t10n. Special orders shall take effect as therein duect~d. The comm1ss1on shall, upon application of any emplover, grant iuch time as may be_ :easonably necessary for compliance with iny order. ny pers~n _may petition the commission for an extension of time which t h e comm1ss1on shall grant if it finds such extension of t·1me necessary. ' 3o77• H~gs as to reasonableness of orders. I. Any employer or ot1ier persoffn interested either because of ownership in or occuoation of an)' property • may petition . . - for a he·1r• tha ected bv • any such order, or ot herw1se mg on e reasonableness and lawful f ' d • • ~ O provided in this title . ness any or er of the comm1ss10n 2. Such petitio~ for hearing shall b b :fi . . . commissioner, setting out spccificall de. Y ven e~ petition filed with ~he a hearing is desired and eve Y an m full detail the order upon which ~nlawful, and ever/issue to ;i~s?J1 - why such order _is _unreasona hle or mg. The petitioner shall be d s~ ered by the comm1ss1on on the hearto any irregularities and illega{;,me. t \ have finally waived all objection sought other than· those set for:l;ei~ 1~ t e ~r_der upon which a hearing is 3. Upon receipt of such ef1f _e petit!on. h~ve theretofore been adequai 1 wn, ~f the issues raised in such petition mme the same by confirmi·ng e fthconSidered, the commission shall deter.f , WI out h • • or 1 such hearing is necessary to d t . earmg, . its previous determination, shall or~er a hearing thereon ande :~m~ne the issue raised, the commission matters m question at such time h nl~ider and ~etermine the matter or and place of such hearing shall bas .s a be prescribed. Notice of the time p~rsons as the com~ission may fi:f J~n to t~e petition~r and to such other plain~d 3~on srch investigation, if it bnte[ested m such decision. f is un awful or unreasonabl h e ound that the order comor s;chwiher order as shall be lawf~/ edcommission shall substitute the;e. h• enever, at the time Of fi an reasonable. it s all be found th· t f h nal determi r with the order of tha urt ~r _time is reasonabl na ion upon such hearing. may be reasonably n e comm1ss1on, the commiss/ nehessary for compliance 3078 r :_•t .· ecessary for such complia on s all grant such time as • , • • &.oUIU abons as to acti nee. mg, or SUit to set aside . ons. Presumption8 N • , vacate, or am d o action, proceed• en any 0rd er of the commission. b~ :h!\1 INDUSTRIA L COMM ISSION. '( j l ur to enJ oin t he en fo rcement thereof, shall be b·r ought unless the plaintiff shall have appli ed to the commi ssion for a hearing thereon at the time and as prov ided in § 3077, and in the petition therefor shall have raised every issue raised in such acti on. Every order of the commission shall, in every prosec uti on for violati on t her eof, be conclusively presumed to be just, reasonable, and lawful , unl ess pri or t o th e institution of the prosecution for such violati on an action shall have bee n bro ught to vacate and set aside such order, as prov ided in § 3087. 3079. Administ er oaths, certify acts, issue process. Duties of district courts. Each of the commissione rs and t he secretary of the commission, for the purposes menti oned in thi s tit le shall have power to administer oaths, certify to official acts, iss ue subpcenas, compel a ttendance of witnesses and th e prod ucti on of paper s, books, accounts, documents, and testimony. In case of the fa ilure of any perso n t o comp ly with any order of the commission or any subpcena lawfully issued, or upon th e re fusal of any ·w itness to testify t o any matter reg arding w hich he may be law fully interrogated, it shall be the duty of the di trict co urt of a ny coun ty in this state, on the application of a comm_i ssioner, to compel obedi ence by a ttachment proceedings for contempt, as 111 the ca e of disobedience o f th e requirements of a subpcena issued from such court or a refusa l t o tes ti fy therein. 3080 . . P~yment . of witnesses. E ach witness who •shall appear before t he comm1 ss1on by its order shall recei ve for his attendance the fees and mi leage now proYidecl fo r witnesses in ci vil cases in the district court 1· which sha ll be a udited and pai d by the state out of the state treasury in th e same mann er as oth er expenses are audited and paid, upon the presentation of properly ve rified vouchers approved by the chairman of the commission. But 110 witness subpcenaed· at the instance of · the parties other than the commission shall be entitl ed to compensation from the state for attendance or travel, unless th e commission shall certify that his testimony was mate,ial to the matter investigated. • Witness fees, § 2545. . 3081. Depositi?~s. The commission or any party may in any investigation cause depos1t1011s of witnesses residing within or without the state to be taken as in civil actions. Depositions, §§ 7163-7198. 3082. R~ord of proceedings. A ful_l a_nd complete_ reco~d shall be kept of c:11 proceedings had before the comm1ss1on on any investigation, and all te?tt!Ilony shall be takGn down by a stenographer appointed by the comm1ss10n. . ~083. Publication of rules. Publication of rules and orders of the comm1ss1on shall be made by the commission in pamphlet form to be furnished on de~and at the <;1ffice of the commission. The expenses oi' publication shall be audited and paid as are other expenses of the commission . 308~. Desig~atio~ of _agent~. Duties and powers. 1. For the ·purpose of making any investig_at~on with regard to any employment or place of emp!oyment, the comm1ss10n shall ~1a:7e power to appoint, by an order in writing, any memb~r of tl!e comm1ss1on, any deputy, or any other competent_pe:son _who 1s a resident of the state as an agent, whose duty sh 11 be prescribed 111 such order. o a 2. In the discharge of his duties such agent shall have everv 0 whatsoever of an inquisitorial nature granted in this title to the • P :ver and th f . comm1ss1on _e same_powers as a re eree appointed by a district court w"th d' 1 to takmg testimony. regar 3. The commission may _conduct any number .of such investi a • contemporane<;1usly througl! different agents, and may dele ate t~ tions agents t!1~ taking of all testimony bearing upon any investigati~n or h s!tch The dec1s1on of the commission shall be based upon its e • f earfmg. testimony and records. The recommendations made by sxaml ma ton o hall ' uc 1 agents s all �INDGSTRIAL COi\IMISSION. INDU STRIAL COMMISSION . be advisory only and shall not preclu?e th: ta~ing of further testimony if the commission so orders, nor further 111vestigat1on. 3085. Special and general attorneys. . The commissjon shall ~ave autliority to direct any deput): to act a? spec1a~ prosecutor m a~y ~ct! on,_PX:Oceeding, investigation, hearing, or tnal rel_at1_ng to matters w1th111 its JUrtsdiction. Upon the request of the comm1ss1011, the <;1ttorn~y -gene r~l, di~trict attorney, or the county attorney of the. c_ounty m _wh1_ch a_n y m v<:shgation, hearing, or trial had under the prov1s1on. o_f this titl e 1s pe~dmg. shall aid therein and prosecute, under the superv1S1on of th~ C?mm1ssion, all necessary actions or proc~edings for the en!orcem<:nt of this ti tle and all other laws of this state relatmg to the protection of life, health , safety, and welfare, and for the punishment of all violations thereof. . 3086. Orders not void for technical omission. A substantial com pliance with the requirements of this title shall be sufficient to give effect to the orders of the commission, and they shall not be declared in operative, illegal, or void for any omission of a technical nature in respect t heret o. 3087. Action to vacate orders. Procedure~ Any employer or other person in interest, being dissatisfied with any order of the commission , may commence an action in the district court of the county where the property, plant, or place of employment affected by such order may lie, aga inst the commission as defendant, to set aside, vacate, or amend any such order, on the ground that the order is unreasonable or unlawful, and the district court is hereby authorized and vested with exclusive jurisdiction to hear and determine such action. The commission shall be served with summons as in other civil cases. The answer of the commission shall be filed within ten da_ys after service of summons upon it, and with its answer it shall file a certified _trans:ript of _its reco~d in said matter. Upon the filing of said answe_r, said act10n shall be at issue, and shall be advanced and assigned for !nal by the court, upon the application of either party, at the earliest possible date. . 3088. Stay of court proceedings when commission has not determined s~u~. _1. If, up?n the trial of such action, it shall appear that all issnes ~nsmg m ~~ch action have n?t th~retofore been presented to the commission m the petition filed as provided m § 3077, or that the commission has not th~ret~fore. had ~mple opportunity to hear and determine any of the issues raise_d m said _action, or for any reason has not in fact heard and determined th issu~s ra1s:d, the court shall, before proceeding to render judgment, un ess_ t . e partfies to such action stipulate to the contrary transmit to the commission a u11 statement of such 1• · ' 1 sidered, and shall sta f h _ssue _or issues 1:ot adequate y confrom the date f y urt e~ r:iroceedmgs m such action for fifteen days stay as may be one~~~~;;~nsm1ss1on, and may thereafter grant such fu ~ther 1 1 • 2. Upon the receipt of such t t . . • . the issues not thereto£ • .ds a ement, the commission shall consider • • order complained ore cons1 rescmd its of . ered ! and . ma Y a It er, mo d"f 1 y, amen d , or thereon to said court with"1 t md said action, and shall report its order from the court, for f~rther ~ea~in ays from. the i:eceipt of the statement 3. The court shall th g and consideration. to raise the issues resultin er?pon rd er the J.?leading to be so amended as or rescision of the comm~si~o~ such alteration, modification, amendment, such action in the manner prov~1 Jrier, and shall thereafter proceed with • 3089 J,...:_.J! • e Y law for other civil actions. • ""-U)Ulchon of courts N0 . . court and the supreme court • court of this state, except the district vacate, set aside reverse re • on appeal, shall have jurisdiction to review, • • ' • vise, d or annul any order o f t h e C om~1s_s1on, or to suspend or delacorrect , am en., ~o enJo~n, res!rain, or interfere wifh th e execut_io~ or. operation thereof, or its official duties; provided that th t)1e comm1ss1011 in the performance of supreme court to the com~issio .e wlrl1t of mandamus shall lie from the said n m a proper cases. ° J 3090. Power of. court to suspend orders. Bond. The p--ndency of an action to set as ide vacate or amend an order of the commission shall not of itself stay or Sl;spend th e operati on of an order of the commission; hut, duri ng t he pendency of said action, t he said di stric~ court in its dis:r~tio? may stay or suspend, in whole or in part, th e operat10n of the comm1s~10.n s order. But no orde r so staying or suspe nding an order of the com':Il-1ss1on shall be made by the said court otherwise than upon three days' notic_e and after hearing . In case the order is stayed or suspended, the order of the court shall not hr.come effective until a suspending bond first shall have been executed and filed in the action and approved by the court or the cl~rk thereof, payable to the state of Utab, and sufficie11t in amount and security to insure the prompt payment by the pa rty petitioning to set aside, vacate, or amend such order of all damages caused _by the delay in the enforcement of the order of th e commission. 3091. Proceedings have preference. Exceptions. All actions and proceedino-s under thi s title, and all actions or proceedings to which the commission o~ this state may be parties, and in which any question arises under this title or under or concerning any order of the commission, shall be preferr ed over all other civil cases, excep t election causes and causes involving or affectinO" the public utilities commission, irrespective of position on the 0 calenda r. The same preference shall be granted upon application of the attorney of the commission in any action or proceeding in which he may be allowed to intervene.. • 3092. Penalties. If any employer, employe, or other person shall violate any provisions of thi s title, or shall do any act prohi~i!ed by ~hi~ title, or shall fa il or refuse to perform any duty lawfully enJoined, within _th~ tim e pre scribed by the commission, for which no penalty has been S_Pec1fically provided, or fail, neglect, or refuse to obey any lawful order given ?r made by the commission, or any judgment or decree made by any court in connection with provisions of this title, for each such violation, failure, or refusal such employer or other person shall be finP.d not less than $50 nor more than $1000 for the offense, and not less than $100 nor more than $5000 for each subsequent offense. 3093. Designation of violations. Every day during which any persoi;, persons, or corporations, or any officer, agent, or e~p_loye the~eof, shall fat! to observe and comply with any order of the comm1ss10n, or to perform any dt1-ty enjoined by this title, shall constitute a separate and distinct violation of such ord_er, or said section, as the same may be. 3094~ Statements by employers. Penalty for failure. Every employer shall furnish the commission, upon request, all information required by it to carry out the purpose of this title. In th~ month of January of each year, every empioyer shall prepare and mail to _t~e commission. at ~he state capitol, Salt Lake City, Utah, a statement contai_mng the follo:"'mg information, viz : the number of employes employed durmg the preceding year from January 1 to December 31, inclusive; the number of su:h employes employed . at each kind of employment; and the scale of wages paid to each class of em plnvment showing the minimum and maximum wage paid, and the aggre• gat·e amo~nt of wages paid to all employes; which inforn~atjon shall ~e furnished on ·a blank or blanks to be prepared by the commission; and 1t shall be the duty of the commission to furnish such blanks to employers free of charge upon request therefor. • Every employer shall cause said blanks to be properly filled out so as to ans~ver full:y: and cor~ectly all quest~ons therein propounded, and to give all the_ m_for~at10~ ~herem sought, or ~£ unable to do so, he shall give to the co~m!ss10n, m wnt~ng, goo<;I and suf?.c1ent r~asons for such failure. The comm1ss1on may reqmre the mformation herem required to be furnished to be certifie~ under oath and returne~ t_? the commission within the period fixed by 1t or by law. T~e _comm1ss1on, or any member thereof, or any person employed by the comm1ss1on for that purpose-, �I TDUSTRIAL COlVLM I SSION. INDUSTRIAL COMMISSION. shc>.11 have the riaht to examine, under oath,f any employer or . the offic t'r, b • • agent, or employe the:eof, f~r the purpos~ o ascert~mmg any m fo rmation which such employer 1s reqmred by this title to furnish to th e com missio Any employer who shall refuse to furnish to the :ommission the annu~i s~atement herein req~ired, or who shal~ r~fuse to furmsh s?ch oth er information as may be reqmred by the comm1ss10n under authority of this section or who shall wilfully furnish a false -or untrue statement, shall be liable t~ a penalty of not to exceed $500 for each offense, to be collected in a civil action brought again st said employer in the name of the s tate · a ll such pena~ties, when collected, shall be paid to the state insurance fun d h ereina fter provided for. 3095. State ins~rance fund. There is hereby created a fund , to be kno:wn a~ t~1~ state msurance tund, for the_pu:pose of insuring employers agamst ha~1hty for compensation tmd_er this title, and of a ssu ring t o the perso~s e1;t1tled thereto the compensat10n provided by this title. Such fund sh;i.11 consist of all premiums and penalties received and paid into the fu d of P:operty and securities acquired by and through the use of moneys ~e~ longmg to the _fund, a~d of interest earned upon money belonging t o the fu!1~ and deposited or i!1v~sted. as her~in. provided. Such fund shall be admmistered by the commission without liability on the part of the sta t e beyond ihe amount_ of such fund. Su~h fund shall be applicable to the payment of osJesfsustamed ~n account of msurance and to the payment of compensa tion an o expenses m the manner provided in this title. 3096. Administration of fund It h 11 b h to conduct the b 1• • . s a e t e duty of the commission th e -~t~te J11 st1 dance fund, and it is hereby vested with full authori~; are necessary or convenie;t s_ai un • a~ . may_ do any and all things which I with the insurance business t le adn:imd1stration_ thereof, or in connection 0 this title. e carne on by it under the provisi ons of 1 ~!:~ ~t 1 3097• Classification of em I •• state i_nsurance fund shall be <livid ~y:;en~s. Emp~o~ments insured in the the said fund into classes S e Y t e commiss10n, for the purpose of collected anci' expended in· res epa;ate .accounts shall be kept of the amounts termining equitable rates. burl to each such class for convenience in clestate insurance fund shalt' be d or t~e purpose of paying compensation the shall have power to rearrang eeme f one and indivisible. The commission ployment embraced in it and~ any£ 0 . th e. classes by withdrawing- any emclass. The commission shall d r~ns e_rrmg it wholly or in part to any other and fix the rates of premium tie ertme th e hazards of the diff rent classes, ber of employes in each of su he~e or, based upon the total pay1:oll and nu111rate consistent with the mai~t c asses of employment, at the lowest possible the creation of a surplus a d enance of a solvent state insurance fund and sys t em o f scl1edule rating in ns reserve •' a n d f or such purpose may adopt a h hazard of such individual ristc a manner as to take account of the peculiar 0 The rate establish d • established rate tor 11 11>so facto becomes the under this title. Insurers doing business ! , olfltanhton Leasing Co. v. Industrial com. a ' 60 U. - ; 170 P. 976. 3098 • • ffi . l • Comn11ss1on may sue and b cia i:iame, sue and be sued in all e sued. .The commission may in its proce~dmgs arising out of anythin ~he courts of the state, in all actions or !tate msu~ance fund or business r~I f.ne oh suffered in connection with the ny . mem er of the commission a mg t ereto. Service of summons on service on the commission. or the secretary thereof shall be deemed 3099. Contracts as tO • ficial nam k msurance fund Th e, ma e contracts of ins • e commission may in its of~~~~ra~tse r;lati!1~ to the state insu~~~~~ef as lerein provided and ;uch other rovi s1?ns of this title. un as are authorized or permitted 31 00. Deputies p oroper de ut. • owers delegated. Th . . . ·P ies and may delegate to such d e C?mmiss1on may act through . eputtes sui;h powers as it deems 0 necessary or convenient . Among the powe rs which may be so delegated shall ~e t_h~ power t o enter in to contracts of insurance, insuring employers against li ah1 li ty fo_r compensatioi:i a~ herei n provided and insuring to employes t~e compensa t1 on fixed by t hi s title; also t he power t o make agreements for the settlement ?f claims aga inst sa id fund fo r compensat ion for injuries in accordance with the prov isions of this title; also th e power to determine to whom and t hrough wh om payments of such co mpensation shall be made; and _also t he power to contract with physicians, surgeons, and hospitals for 1:1ed1cal and surgic~l treatment and care an d n ur sing of injured persons entitl ed to compensat1011 fro m said fund . 31~1. ~ oli<:y of insu~ance.' Payment of premiums. 1. Every employer msunn g m the state msurance fund shall receive fr om the commission a ~01:tract or policy of insurance in a fo rm t o be approved by the state comm1 ss1on. 2. Except as othe r wise prov ided in thi s title, all premi um s shall be paid by every employe r who elects to insure with the st at e insurance fund to the commission ?n or before July 1, 1917, and semi-annually thereafter, or ·at such . other ti mes as may be prescribed by the co mmiss ion . Receipts shall . be g1Ye11 for such payments and the money shall be paid over to the state tr ea sure r to t he credit of the state in surance fu nd. . 3102. Withdrawal from fund. Any employer may, upon complying with subs . 2 or 3 of ~ 3114, withdraw from th e fun d by turning in his insurance contract or policy fo r cancellati on ; provided, he is not in arrears for premiums due to th e fund and has given to the commission written notice of hi s intent ion to withdraw before the expiration of the period for which he has elected to insure in said fund . 3103. Reinsurance. T he commis sion may reinsure any risk, or any part thereof, and may ent er into agreements of reinsurance in the same way and to the same extent as other insurance carriers. 3104. Requirements in fixing rates. The commission shall observe the follow ing requirements i'n classifying and fixing the rates of premiums for th e ri sks of the same : 1. It shall keep an accurate account of the money paid in premiums by each of the several classes of occupations or industries, and the expense!: of administering the state insurance fund, and the disbursements on account of injuries and death of employes in each of said classes, including the setting up of reserves adequate to meet anticipated and unexpected losses, and to carry the claims to maturity; and it shall also keep an account of the money received from each individual employer, and the amount disbursed from the state insurance fund for expenses and on account of injuries and death of the ·employes of such employer, including the reserves so set up. 2. Ten per cent of the money paid into the state insurance fund shall be set aside for the creation of a surplus until such fund shall amount to the sum of $100,000, and thereafter 5 per cent of all the money paid into the state iµsurance fund shall be credited to such surplus fund until, in the judament of the commission, such surplus shall be sufficiently large to cov~r the catastrophe hazard and all other unanticipated losses. The commission shall also set up and maintain a reserve adequate to meet the anticipated losses and carry all claims and policies to maturity. The amount of such surplus and reserve shall be subject to the approval of the state commission. 3. At the end of every year, and at such other times as the commission in its discretion may determine, a readjustment of the rate shall be made for each of the several classes of employments or industries. If at any time there is an aggregate balance remaining to the credit of any class of employment or industry, which the commission deems may safely and prope rly be divided, it may, in its discretion, credit to each individual member of such class who shall have been a subscriber to the state insurance fund for a period of six months or more prio_r to the time of such readjustment, such �INDUSTRIAL COMMISSION. proportion of su.ch bal~nce as he is prop~rly entitled to, havi ng regard to his prior paid premtums_smce the la~t read3ustment of rates.. . . 4. Should any such accountmg show a balance rem a m mg t o the credit of any class of_ occupation or industry, after the above- m entior,ed amounts have been credited to the surplus and reserve fund, .and a fter the paym of expense of administering said fund and th~ payment of a ll a wards ?t all injuries or deaths lawfully charg:eable agai_nst_ !he same, t he premiu: rate for such clas_s shall be reduce_d; and each mdiv1dual ~f such class who has been a subscnber to the state msurance fund for a pe riod of six month or longer prior to the time of such readjustment, and whose premium Os premiums so paid to the fund exceeds the amount of the di sbursements fro~ the fund on account of injuries or deaths of his employes during such period shall be entitled to a credit on the instalment or instalm ents o f premiu~ ne_?Ct due from him, the amount_ of '.vhich _credit s_hall be such p roportion of said balance a_s the a~ount o~ 111s prior paid premm~s sustains to the whole amount ~f said premmms paid by the class to which he belongs since the last readjustment of rates. • 3105. _R~es and regulations as to insurance fund. W age expenditures. The_ comm1_ss10n shall adopt rules and regulations with r espect to the collec~10n, mamtenance, and disbursement of the state insurance fund one of which rules shall provide that, in the event the amount of premi~ms collected !rom any employer at the beginning of any period of six months is ascertamed_ and c~lculated by using the estimated expenditure of wages for the penod of time covered by such premium payments as a basis an adJUS!rr:ient of the amount of such premium shall be made at the end 'of such pert0 ' ~id 1he actual amount of such premium shall be d etermin ed in accordandce :vitth t e amount of the actual expenditure of wages for said peric•d; an , m e event such wag d't f • · · h h . e expen 1. ure or said period 1s less than t e amount on which shall be entitled tsuc es_timated premmm was collected, then such employer O difference betw t~eceive a refund from the state insurance fund of the to be actuall deen e amount so paid by him and the amount so found ceeding preniiu ue, or have th e amount of such difference credited on suewhen ascertain~ pay~ents ~t his. option, and should such actual premium. such employer at ~~ a bor~sai?, exceed in amount the premium so paid by being advised of th et egmnmg of such period, such employer shall, up0n the state treasurer !n rue amount of such premium due, forthwith pay to actually found to b imount equal to the difference between the a~o~nt of said six months' ;eri~d a nd the amount paid by him at the beginning 3106. State tr • shall be the custod~ury to be custodian of fund. The state treasurer 1 therefrom shall be ~~d ob th ~ state insurance fund, and all disburseme-,~ts commission of Uta~ d Y. him upon vouchers · authorized by the industrial secretary thereof. an signed by a member of the commission and th e 3167 • Manner of de • · · any portion of the fu d posit. Interest. The state treasurer shall deposit nd a subject to all th n n~t. needed for immediate use in the same manner funds by such treasuer!r,r.ov1S1o~s of law with respect to the deposit of state collected upon such d ' f:rovzded, that the best int~rest obtainable shall be state insurance fund :posits, and all interest earnei by such portion of the :hce of. _the authority hem~y b~ deposited by the state treasurer in pursue credit of such fund rem given shall be collected by him and placed to 3108. SurpJu • . invest an O f s rnay be invested Th r to in b Y the surplus O e commission shall have powe d • of onds of the United St tr reserve belonging to the state insurance fun any county, city to a es or federal land banks of the state of Utah, o~ :~:~~\1c,rices for ;uch~~n~: _scho?l district of the ~tate of Utah, a;. cur~e~o inv per cent of the c , or in first mortgages on real estate at no r estment be authorized bsh value thereof; provided that such purchase od Y a resolution adopted by the commission an INDUSTRIAL COMM ISSION. approved by th e state board of examiners; and it shall be the duty of the boards or offic ers of the several taxing districts of the state, in the issuance and sale of bonds of th eir r espective taxin g districts, to offer in writing to th e co mmission, prior to adverti sing th e same for sale, all such issues <;>f the taxing districts so issuing such bonds; and said commission shall, withm ten days after th e receipt of such written offer, eith er accept the same and purchase such bonds or any porti on th ereof at par and accrued interest, or reject such offer in writing ; and all such bonds so purchas ed forthwith shall be plac ed in t he hands of t he sta t e t reasure r, who is hereby designated as custodian thereof, a nd it shall be his duty to collect t he in terest th ereon as the same becomes du e and payable, and also t he principal thereof, and to pay the same, wh en so collected, into th e state insurance fund. The state treasurer shall honor and pay all voucher s draw n on the state insurance fund for the purchase of such bonds when signed by any two members of the commission upon delivery of said bonds to him when there is attached to such voucher a certi fie d copy of such r esolution of the commission authorizing the purchase of such bonds; a nd th e comm ission may sell any of said bonds upon like resol ution, and the proceeds th ereof shall be paid by the purchaser to the state treasurer up on delivery to him of said bonds by the treasurer. 3109. Separate bond by treasurer. T he state treasurer shall give a separate and additi onal corpo rate sure ty bond in such amount as may be fixed by the governo r, conditioned upon the faithful performance of his duti es as custodia n of the state insura nce fu nd. The premium of said bond ·shall be paid ou t of the state insurance fund. 3110. Employers subject to this title. The following shall constitute em ployers subject to the provisions of this title: 1. The state, and each county, city, town, and school district therein. 2. Every person, firm , and pri vate corporation, including every public utility, that has in service four or more workmen or operatives regularly in the same business, or in or about the same establishment under any contract of hire, express or implied, oral or written, except agricultural laborers and domestic servants; provided, that employers who have in service less than four employes shall have the right to come under the terms of this title by complying with the provisions thereof, and all the rules and regulations of the commission. The term "regularly" as herein used shall include all employments, whether continuous throughout the year or for only a portion of the year. It means all employments in the usual course of the trade, business, profession, or occupation of ari employer. 3111. Employe, workman, and operative. The term "employe," "workman," and "operative," as used in this title, shall be construed to mean: 1. Every person in the service of the state, or of any ·county, city, town, or school district therein, including regular members of lawfully constituted police and fire deparments of cities and towns under any appointment or contract of hire, express or implied, oral or written, except any elective official of the state, or of any county, city, town, or school district therein, or other official· receiving more than $2400 per year salary. . 2. Every person except agricultural laborers and domestic servants in the service of any person, firm, or corporation, employing four or more workmen or operatives regularly in the same business, _o r in or about the same establishment .under any contract of hire, express_or implied, oral or written, including aliens, and also including minors .who are legally . permitted to work for' hire· under the ·laws of the state, l;>i.it not including any ·p·erson whose employment is but casual, or not in the usual course of trade, business, profession, or occupation of his employer. 3112. Construction of terms. The following term, as used in this title shall be construed as follows : 1. The term "order" shall mean and include any decision, rule, regulation, direction, requirement, or standard of the commission, or any other determination arrived at or decision made by such commission. . �INDUSTRIAL COMMISSION. I IDUSTRIAL COMM ISSION. 2. The term "general order" shall m ean and include such order as applies generally throughout the state to all persons, employments, o r pla ces of employment of a class under th e jurisdiction of tl~e commiss ion . All other orders of the commission shall be considered special orders. 3. The term "welfare" shall mean and include comfort, decency, a nd moral well-being. 4. The terms "safe" and "safety," as applied to any employment or a. place of employment, shall mean such freedom from danger to life, health, safety, or welfare of employes as the nature of the employment will r easonably permit. • 5. The words "personal injury by accident arising out of and in the course of employment" shall include an injury caused by the wilful a ct of a third person directed against an employe because of his employment. T hey shall not include a disease except as it shall result from the injury. 6. The term "compensation" shall mean the compensation and benefi t s provided for in this title. • 3113. Payments of compensation. If a workman receives persona l in jury by accident arising out of and in the course of his employment, hi s employer or the insurance carrier shall pay compensation in the amounts and to the person or persons hereinafter specified. 3114. Securement of compensation: Insurance associations subject fo rules. Employers, but not including municipal bodies, shall secure compensation to their employes in one of the following ways : l. By insuring and keeping insured the payment of such compensation with the state insurance fund; or 2. By insuring and keeping insured the payment of such compensation with any stock corporation or mutual association authorized to transact the business of workmen's compensation insurance in the state; or • 3. By furnishing to the commission satisfactory proof of financial ability to pay direct the compensation in the amount and manner and when due as provided for in this t itle. In the latter case the commission may in its discretion require the cieposit of acceptable security, indemnit~, or bond to secure the pay1:1ent of compensation liabilities as t!1ey are mc~1rred. All stock ,corporations . or mutual associations ·transactmg the busmess of wo:kmen_s compensat;on insurance in this state under the terms of sub. 2_ o ~ this ?ect10n shall be subject to the rules and regulations of the comm1ss1on with respect to rates to be charged, and methods of compensation to be used._ Th I f the section Is mandatory e anguage O , . and not merely permissive, and a 11 erp1f l ;i~: shall ln advance secure the paymen 1° compensatlon to which any one of the r employes may become entitled under this chapter; and the Industrial Commission may Invoice the aid of the courts to compel companies to comply with the terms or the act. The Industrial Com. v. Daly M. Co. ; 51 U. - ; 172 P. 301. This title ls const,tutlonal so far as It authorizes the indus trial commission to fix a minimum rate for all Insurers unde r this act, d the commission ls justified Jn not recelv~n vldln for a lower rate m~ a p~I IcyL~~~lng v the lndus t r!O:J Com .. P ~ • • cran ?n 50 U . - , 170 • 9 1 6• &, . 3115. Notice to be filed. If the in's urance so effected is not ".Vit}1 t~e state insurance fund, the employer shall forthwith file w ith t_he commisswn 111 form prescribed by it a notice of his insurance, together with a copy of the contract or policy of insurance. 3116. Policy to cover entire liability. Every policy of insurance covering the liability of the employer for compensation, wheth~r. issued by. the commission or by a stock company, or by a mutual associat10n ~uthonzed to transact workmen's compensation insurance in this state, .shall cover the entire liability of the employer to his employes covered by the policy or contract, and also shall contain a provision setting forth the right of tht> employes to enforce in their own names, either by, at any time, filing a separate claim or by, at any time, making the insurance· carrier a party to the original claim, the liability of the insurance carrier in whole or in part for the payment of such compensation; provided, however, that payment i_n wh ole or in pa r t of s uch compe nsation, by either th e employer or the insurance carrie r, shall, to the extent thereof, be a ba r t o the recovery against the other of the a mount so paid. Secs. 3116 -3118 are di scussed In Scranton Lea s ing- Co. v. Indus t rial Com ., 50 U. -; 170 P . 97G. 3117. Notice as to injury. Jurisdiction and effect of award. Every such poli cy an d contract shall contai n a provision that, as between the employe and th e in surance ca rr ier, the notice to or kn.ow ledge of the occurrence o-f t he injury 0 11 the part o f t he emp loye r shall be deem ed notice or knowledge, as th e case may be, 0 11 the part of th e ins urance carrier ; that jurisdicti on of th e employer shall, fo r the purpose of thi s title, be jurisdiction o f th e insurance carrier, and that the insurance carrier shall i.n all things b e bou nd by and subject tp th e orders, findi ngs, decisions, and awards rendered again st t he employe r fo r t he payment of compensation under the provi ions of t hi s title. • 3118. Insolvency of employer not to relieve insurance carrier. Every such policy a nd contract shall contain a provision to the effect that the insolvency or ba nkruptcy ·of the employe r, and hi s discharge therein, shall not r eliev e the insurance carrier from the payment of compensation for injuries or death sus tained by an employe during the li fe o f such policy or contract. 3119. Insurance by county, city, town, or school district. Each county, city, t own, or school district which is li able t o its employ_es fo~ compensation may in sure in the s tate in surance fund or pay compensation direct. 3120. PYoportion of contribution by state to fund. The state shall _cont ri bute t o the state insu rance fund in proportion to the annual expenditure_ of m oney by it for t he se r vice of persons in the employ of the state described in sub. 1 of § 3111, th e am ount of s_u ch paymen_ts and the method of makinO' the same t o be determined a s heremafter provided. 3121. Rate a~d manner of payments by state. Estimates sub~itted to governor. In the m onth of January in th~ year 1918, th~ state auditor shall draw his wa rrant on th e state treasurer, 111 favor of said tr~asurer _as custodian of t he st ate insurauce fund, and for deposit to the credit of sa!d fund , for a sum equa l t o 1 per cent of the amount of mo'.1ey expended by the state duriiw t he last preceding fiscal year, for the ser.vice <?f persons m the e~ploy i f the state, which said sums are _hereby appropriated and made available fo r such payments; and thereafter m the mo1:th _of January of ~ach year, such sums of money shall in like manner be _paid_ mto the state msurance fund as may be due according to the rate for and ms_ur~nce as fixed b:z the • • d ·t shall be the duty of the comm1ss10n to commumcate commiss10n ; an i h . f l 1 r session to the governor, three months before t e convenmg o eac 1 regu a of the legislature, an estimate of the aggregate ~mou1:t of_ money _necessary to be contributed by the state during the ensnmg b1enmum as its proper portion of the state insurance fund. to be comp~nsated. Every em3122• E mp l oyes coVered by state fund . d 1 • • • d b •ploye covered by insurance in the state mcura~ce fun , w 10 1s mJure , y ·d • • t f and in the course of his employment, and the deacc1d ent arfismgl ou o Hlled provided the same was not purposely self:peA1· en~s o • suc lt as Ja7 19i7 shall be paid such compensation out of the mt t1ct~ ' on or af erd fuory l~ss su~tained on account of such injury or death s a e msurance un .1d • h d·caJ · nurse • . ·c1 d . tl • t·t1e and shall be entlt e to receive s~1c me t , , , .as is p1 ov1 e m 11s t , . . d ch amount ot funeral expenses and hospital services and m_ed1c111es, ~n . su . d tes Except in case of death as are provided by this t1tlle.ed b l 3 . p . t O t te fund regu at y c ass an ra • ( . pt the state) who shall have s a 123. • ayments m 1 ~s herei1;1after provid~d, every 1mp/Yrall efi~\he month of July, 1917, and msu;ed 111 the state msurance ·nt~~ th: st;te insurance fund the amount ~f ·sem1-annually thereafter, pay 1 b ·ssion for the emJ>lovment or • .d • d • d d fixed y t 11e comm1 Premmm etermme an t of which premium to be so pat occupation of such employer, t 11e amoun 1 �I ·--- INDUSTRIAL COMMISSION. INDUSTRIAL COMMISSION. by each such employer to be detenni~1e1 by the classifications, rules, an_d rates made and published by the comm1ss101~ ; and su~h employer sl:a ll se m1annually thereafter pay such furth er sum 01 _money mto _the state msurance fund as mav be ascertained to be due from 1rnn by applymg the rule s of th e commissio1{, and a receipt or certificat e certifying that such pay me1:t _h as been made shall immediately be mailed to such employer by the comm1ss1 on, which receipt or certificate, attested by th e seal ~f the commission, shall be prima facie evidence of the payment of such prcmmm. 3124. Substitute systems of insurance. Requirements, termination, and benefits. Subject to the approval of the commission, any employer may enter into or continue any agreement " ·ith his employes to provide a · system of compensation, benefit, or insurance in lieu of the compensation and insurance provided by this title. No such substitute system shall be app roved unless it confers benefits upon injured employes and their dependents, at least equivalent to the benefits provided by this title, nor if it requires contributions from the employes unless it confers benefits in addition t o t hose provided under this title at least commensurate wi_th such contributions. Such substitute system may be terminated by the commission on rea sonable notice and hearing to the interested parties if it shall appear that the same is not fairly administered or if its operation shall disclose defects threatening its solvency, or if for any substantial reason- it fails to acco mplish the purposes of this title; and in this case the commission shall determi ne upon the proper distribution of all remaining assets, if any, subject t o th e right of any party in interest to take an appeal as in other cases of appeal from the orders of the commission. Any employer who ·makes a deduction for such purposes from the wages or salary of any employe entitled to the benefits of this title shall be guilty of a misdemeanor; pro vided, that, subject to the supervision of the commission, nothing in this title shall be construed as preventing the employer and his employes entering, and it shall be lawful for them to enter, into mutual contracts and agreements . respecting hospital benefits and accommodations and medical and surgical services, nursing, and medicines to be furnished the employes as in this title provided; but no profit, directly or indirectly, shall be made by any employer as a result of such contract or agreement, the purpose and intent of this title in such respect being that, where hospitals are maintained and medical and surgical services and medicines furnished by the employer from payments by or assessments of his employes, such payments or assessments shall be no mo:e or ~reate_r than n~cessary to m_ake such hospital benefits and accommod~ttons, mcluding surgical and med1_cal services and medicines, . self-support!ng for the care and treatment of h1s· employes, and all sums received or retamed _by the employer fro1;1 the employes for such purpose shall be paid ~nd applied ~hereto; and provided, further, that such hospitals so maintained m who)e or m_part by payments or ass_e~sments of employes shall be subject to the mspect10n an~ under the superv1s1on of the commission as to services and treatment rendered such employes. 31~. Tax . on ~ployers no~ insuring in state. fund. Employers who d_o not msur_e e1ther ..m _the state msurance fund or. with any stock corporation or mutual ~ssoc1~t10n shall pay a t~x of the same per cent as required by law to be p~1d by msurance_ compames upon their premiums, based uoon '.111. amoun~ eqmvalent _to premmms which would be paid ·by such employer 1f msured m the st~te_msurance !u~d; said tax to be computed and collected by the state comm1ss1on and patd mto the state treasury. 3126. • Compensation to w~rk111:en hired or injured in or out of state. If a'd workman • • by • • who hasf been. hired m this state receives person a J tnJury ace~ ent ansmg qut ~ and m t_he course of such emplyoment, he shall be entitled accordmg • · h. t·to1 compensation • , to the law of this state as p rov1'd ed for h m t 1s 1t e, even t oug11 such. m1ury was received outside of tl11s • s t a t e. If d . a wor k_ma~ w ho h as b, een h_ire outside of this state is .injured while engaged m his employers busmess, and is entitled to compensation for such injury£ under- t~ e la ,': of the stat~ wh~re he was hired, he shall be entitled t o en orce agamst 111s employer his. rights in this st a t e 1'f h'1s ng • h ts are sue h • · t I1a t t I1ey can r easona b ly be determined and dealt with b th · ' . e comm1ss1on and th e court in thi s state. ! 1' l . 3127. Conditional. liability of employers. Rights of dependents. • Election of remedy. Duties ~f commission and insurer. Deficiency payment. Empl oye: s who comp ly ,y1~h ~he provisions of § 3114 shall not be liable to : espond m da1:1~ge? fo r 111Jtmes sustained by their employes not resulting 111 death . For 111Junes_, however'. r esulti_ng_in death, the dependents of the deceased employe ~re g iven th e n g ht, w1th111 such time as the commission by ru_le sha ll pre cnbe, to elect (a ). betw een bringing suit at law against such employer to recove r damages fo r such death and in the event of suit said dependents mus_t prove neglig ence on the employer's p~rt before they can recover, or (b) t o accept the benefi ts allow ed to dependents of deceased employes by this title in t he event o f death. If they elect (b) they shall not be entitled to sue such employer at law to recover damages. If they elect (a ) th ey thereby fo rfei t any ri ghts to compensation under this title, and in a suit at law shall not be entitled t o recover damages from such employer if th e deceased employe wa s hims elf g uilty of contributory negligence, or • if he assumed the risk, or if hi s death was due in whole or part to the negligence of a fellow se rvant. If th e dependents of the deceased elect to sue as herein provi ded, and in such suit recover judgment against '"he employer, then the comm iss ion shall determine the amount to which the plaintiffs in such suit would be entitled by accepting the provisions of this title, and pay the sa me t owa rd the satisfaction of the judgment so rec:overed, if th e employer against whom the judgment is recovered was, at .the time the injuries ca usi ng the death were received, insured in the state iustirance fund ; otherw ise such judgment shall be paid by the employer or_ his insurance ca rri er. A ny deficiency shall be paid by the employer agamst whom the judg m ent is recovered. • 3128. Notice of authorization to be posted by employers electing fo pay direct compensation. Each employer providing insurance or _elec~ing directly to pay compensation to his injured or the dependen~s of ~ts killed employes as herein provided, other than the empl~yer; ment10ne~ m snb. 1 of § 3110, shall post in conspic_u ous places about his jJlace of b1;11,mes~ typewritten or printed notices stating the fact that_he ~as comphl!d w1t~ ~he provisions of this title and all of the rules and :egulat1ons of the c?mm1_ss10n made in pursuance thereof, and has been authorized by the comm ,ss10n direct• ly to compensate such employe_s or dep~ndents, and the same, when so posted, shall constitute sufficient notice to hts employes d the fact that he has complied with the law as to securing compensation to his e·nployes and their dependents. . . • -, 3129. Employers not entitled to benefits durmg penod o~ noncompliance. Certain defenses unavailable. Employers who shall fat! to compl_y with the provisions of § 3114 shall ~ot b~. entitled to t~e,_~enefits ?f this title during the period ·of non-comp!tance, ~ut shall be ha~ " to their employes or the dependents of their emr}?~es m case of d_eath or damage suffered l,y reason of personal injuries ansq1g out of and 111 the course of employment caused by the wrongful act, neglect, or default ·of the employer or any of the employer's officers, agents, or employe~, .an_d also to. t~e personal representatives of such employes where death rcsm~s from ~uch m1un~s. And in such action the defendant shall not avail himself or itself of either of the following defenses: The defense of the fello~v-servant r~tle, the defen~e of the assumption of risk, or the defense of co~tnbuto~y negh~ence: And m all such cases proof of the injury shall constitute pnma fac1e evidence of negligence on the part of the employer and the ~urd~n shall ~~ upon the employer to show freedom from negligence re~u~tt_ng 111 such m1ury. :t\.nd tuch employers shall also be subject to the prov,s1ons of the two sections next succeeding. �INDUSTRIAL COi\UvIISSION. 3130. Rights of employe when employer fails to comply with title. Procedure. Prosecution or compromise of suit. Any employe whose employer has failed to comply with the provisions of § 3114, who has been injured by accident arising qut of and in the course of his employment, wheresoeYer such injury has occurred. and which \\"as not purposely self-inflicted, or his dependents in case death has ensu ed, may, in lieu of proceeding again st his employer by civil action in the courts, as provided in the last preceding section, file his application \Yith the commission for compensation in accordance with the terms of this titl e, and the commission shall hear and determine such application for compensation in like manner as in oth er claims before the commission: and the amount of the compensation which said commission may ascertain and determiue to be due to such injured em ploye, or to his dependents in case death has ensued, shall be paid by such employer to the person entitled thereto \Yithin ten days after receivin g notice of the amount thereof as fixed and determined by the commission ; and in the event of the failure, neglect, or refusal of the employer t o pay such compensation to the person entitled thereto , within said period of t en days, the same shall constitute a liquidated claim for damages again st s uch employer in the amount so ascertained and fixed by the commission, whi ch, ,yith an added penalty of SO per cent, may be r"ecovered in an action in th e name of the state for the benefit of the person or persons entitled t o th e same. The commission shall adopt and publish rules and regulation s g overning the procedure before the commission provided in this section, and shall prescribe forms of notices and the mode and manner of serving t he same in all claims for compensation arising under this section. Any suit, actio~, or proceeding brought against any employer under the provisi ons -of tlus sec!1on may be compromised by the commission, or such suit, acti on, or proceedmg may be prosecuted to final judgment as in the discretion of th e <:ommission may best subserve the interests of the persons entitled to r eceiYe such compensation. . 3131. Procedure in case of default by employers. Action by attorneygene~al. If any em~loyer shall default in any payment required to be made by 111111 to the state msurance fund, the amount due from him with interest the~eon a~ th_e rate of 12 per cent per annum shall be collected by civil acti on agamst hi~n !n the name of the state as plaintiff: and it shall be the duty o f the comm1ss1011 on the first 1fonday in August, 1917, and on the first M onday of each month _thereafter, to certify to the attorney-general of the state !he names and residences of all employers known to the commission to be m default for such payments for a longe_r period than five days, and the amount due from each_such employer,"and 1t shall then be the duty of the• attorney-gener~l. fort~w1t~ to brmg or cause to be brought against each such employer a c1v1l action m the proper court for the collection of such amount so due, and the same w~1en coll~cted shall be paid into the state insurance fund! ~nd each employers compliance with the provisions of this title reqm.nng payments to be made to the state insurance fund shall date from the time of the payment of said money so collected as aforesaid to the state treasurer for credit to the state insurance fund. 3~32. Right to recovery un~ei:: this title exclusive remedy. Exceptions . • ihe. r(gh_t to rec<?ver compensation pursuant to the provisions of this title or 1111unes sustamccl bv an employe shall be the l • d · the• employer , except tl1 a't .w l1ere ti1e m1ury . . . exc us1ve reme y , agamst is db . ~aus~ Y t 11c employers wilful misconduct and such act causing such in· employer himself, or if the emplover b Jury is t 1e _Personal act of the of the partners, or if a corporati~n e a partnership, on the part of one O officers thereof, and such act indicate n th ~ part_ of an elective officer or or bodily safety of employ;s such in' s ~ wilful disregard of the life, limb, claim compensation under tiiis title 1i;e e_mpl.oye may,. at his option, either ages. The term "wilful misconduct" mamtalm an ~ctioi: at law for dam' as emp oyed m this section shall be INDUSTRIAL COMMISSION. constru ed t o m ea n an act doi1e l· . • t o f lllJUrmg • . . ~nowmgly and )) urpose 1y with . a nother . ' the direct o bJee 3133. Election as to r.e medy A . • . • an emp loye en t it led t o compens~tions:~~nment_ of _cause. _C?mpromise. If by th e n eglio-ence or w rono- of anotl . de_r th1 s title be 111JUred or killed empl oye, or in case o f death his de 1e1 ~ot m the same employ, such injured shall! before any ~uit_ or claim und er thi titl e. elect wh~th~r to tfl~~ pursue hi rem edy against such other. Suclt1~at1?n under this ~1tle or :o such m a nn e r as t h e commi ssion b e ectwn shall be evidenced m may y ru Ie or reo-uiation p "b If h el ect to take compensa tion under this title ti "' f . rescn _e. e otlt er shall be a igned t o the state for t'h 1be catfiiste of alct10n ag<l:mst such · e en e o t 1e state msurance f d 'f un , '. COmI;>e1:sat1o n be paya?le t~1erefrom, a nd otherwise to the erson 01 as sociation o r corpora t1on li able for tl1e pav 111 e11 t of h p • d 1•f I1 I '; sue compensati on, an c e _e c~ t o proce ed against such other, the state insurance fund perso n, or as s?cia t10~, or corporation, as the case may be, shall contribut~ onl y th e deficie ncy, if any, between the amount of the recovery against such oth er J?er~o n act ually collected, and the compensation provide.cl or estimated by t hi s titl e fo r such case .. Such a cause of action assigned to the state may be pro ec uted o: compromi sed by the commission. A compromise of any such ca use of ac_tion by t~1e employe or his dependents at an amo_unt Iese; than tl-~ e comp ensati on prov1_ded for by this title shall be made only with th e wri tten app roval of the commission, if the deficiency of compensation w o~ild be payable fro m the state insurance fund, and otherwise with the written app rova l of th e person, association, or corporation liable to pay -the sam e. ~~1;:• 3134. Waiver of right_ to exercise option. Every employe, or his legal repre senta ti ve in case death results, who makes application for · an __award, or accepts compens a tion from an employer, waives his right to exercise his option to in stitute proceedings in any court. Every employe, or his legal representati ve in ca se death results, who exercises his option _to institute proceedings in court, as provided in this title, waives his right to any award or direct payment of compensation from his employer. 3135. Judgments have same preference as taxes. All judgments obtained in any action prosecuted by the commission or by the state under the authority of this title shall have the same preference against the . assets of the employer as claims for taxes now have. 3136. Compensation. Exceptions. No · compensation shall be allowed for the first ten days after the inquiry is received, e~cept th~ disburseme1:t hereinafter authorized for medical, nurse, and ·hospital services and medicines, and for funeral expenses. 3137. Rate and limit for temporary disability. In case of temporary disability, the· employe shall receive 55 per cent of his _average weekly wages so long as such disability is total, not to exceed a 11;-ax1mum of $12 p~r week, and not less than a minimum of $7 per week; but m no case to contmue for more than six years from the date of the in_jury, or to exceed $4500. 3138. Rate, time, and schedule for partial disability. '0'here tl;e injury causes partial disability for work, the employe. shall rece1v~, ~urmg such disability and for a period of not to exceed six years begmnmg on the eleventh day of disability, a weekly compensation equal to 55 per cent of the difference between his average weekly wages before the accident and the weekly wages he is able to earn thereafter, but not more th~n $~~ a week. In no case shall the weekly payments continue aft~r the d1sabiht_y e!1~s, and in case the partial disability begins after a period of total d1s~bihty the period of total disability shall be d~dttc~e? ~rom such total p_cnod of compensation. In the case of the followmg !11Jttnes the compensation sh<1:ll • be 55 per cent of the average •weekly ·wages! ~ut _not more ~han $12 to. b.e p:1d weekly for the periods stated against such mJttnes respectively, to wit. For loss of: �r I I - --INbUSTRIAL COMMISSION. INDUSTRIAL COMMISSION. by an employe to waive his rights t 0 • . be valid. No agreement by an emplo e ~~m~ensatwn u1'.der this title shall paid by his employer shall be valid yd P Y ~ny portwn of the premiµm tioi1 of such pre1nium from the ..;.:;es ai; :~r oy~r who deducts any porto the ben efits of this title shall be guilty of a ;f d f any ~mpl~ye . entitled viction th ere of shall be fined not more than $1001sf emeanhor, ahn ffupon con. . • . . or eac . sue o ense. 315~. Right of ~ed1cal exam~at~ons. Any. empl~ye c;laiming the ri ht. • g: to recei ve co mpensat10n under this title may he requi·r d b th • • d" 1 • e y e comm1sswn, ?r its m e ica e?'ammer,_to submit himself for medical examination at any tim e a nd fro m time to t1:ne at a place reas·o nably convenient for such employe, and as may be provided by the rules of the commission. If such e~pl?ye r efu ses . to ~ubm1! to any such exat?ination_or obstructs the same, his r:1gh t to have his cl~1':1 for compensat10n considered, if his claim be pendmg before t he comm1ss10n, or to receive· any payments for compensation theretofor e . g ra nted shall be suspended during the period of such refusal or obst rn ct1on. . 3153. Books, records, and payrolls subject to examination. Penalty. All bo oks, reco rds, and payrolls of the employers of the state, showing or reflectin g in any way upon the amount of wage expenditure of such em·ployers, hall alway s be open for inspection by the commission or any of its traveling audito rs, inspectors, or assistants, for the purpose of ascertaining th e cor rectness of the wage expenditure, the number of men employed, and such oth er infor mati on as may be necessary for the uses and purposes of the commi s ion in its administration of the law. Refusal on the part of any em ploye r t o s ub mit his books, records, and payrolls for the inspection of any m ember of th e commission, or traveling auditor, inspector, or assistant presenting w ritten authority from the commission, shall subject such employe r t o a penalty of $100 for each su_ch. offense, to be. collected by civil acti on in t he name of the state, and paid mto the state msurance fund to becom e a pa rt thereof. 3154. Lial:!ility of employers fo,;- mis,;-epre$~nta~ion. Any emploY:er who misrepresents t o the commission the amou'.1t of payroll upo_~ which_ the premium under this title is based, shall be liable to the state m ten times the amount of the difference in premium paid _and the_ amou:it the employer should have paid. The liability to the state under this section shall. be enforced in a civil action in the name of the state, and all sums collected under . this section shall be paid into the state insurance fund. 3155. Application of provisions as to those engaged in interstat~ commerce. The provisions· of this title shall apply to employers. and their employes engaged in intrastate and also in interstate _and foreign commerce, for whom a rule of liability or method of compe_nsat10n has been or may be established by the congress of the United States, only to the extent th at their mutual connection with intrasta~e work may _and . shall be clear1J' :~~~ arable and distinguishable· from interstate or foreign com~erce, an_ • th" only when such employer and any of his workmen working on1~ m bis state, with the approval of the commission, and _s? far as n_ot ~orbidde:iin Y any act of congress voluntarily accept the prov1s1ons of this title by • . g written acceptances,' which, when fil e d WI"th an d a pproved . . by the comm1shi title th sion, shall subject the acceptors irrevocably to e _p~ov;f 10~s fd \ ~n its to all intents and purposes as if they had been ongma '! me hu e . • d f • hich the premmms erem prot :rms, during the ·p eriod or peno s or. w de on the basis of v1ded have been paid. Payment of premium shall ?e ~a . the payroll of the workmen who accept as aforesaid. . . ·es Reports to commission. Every .em_Ployer 3156• R ecord o f mJUl'l • • • ived by his emshall keep a record of all injuries, fatal or ?ther~1se, re~e Within a week , ployes arising out of and in the _c ourse of t~eir ~mp ~~:~~l • injury. a report after the occurrence of an acc1den,t resultmg. i~ P bl nks to be proth ereof shall be made in writing to the commission upon a 3146. Exemptions of compensation. Compensation befo re pay ment shall be exempt from all claims o f creditors and from <;1ny attachm ent or execution, and shall be paid only t o such employes or their dependents .. _ . 3147. Additional compensation. In addition_ to th e compensa ti on ~ro vided for herein, the employer, or insu;·ance earner, ?r st ate !nsurance fu n_d shall pay such amounts for medical, nurse! and l1:osp1tal services and medicines as it may deem prope r, not , however, 111 a_n~ mstance t o exceed tl~ e su1:1 of $200; and, in case dea th ensues from the 111Jury, reasonable fu ne1al expenses shall be disbursed and paid in an amount not to exceed th e sun~ o f $150, and the commission shall have full power t o adopt_rul es ar~d regulat1o~s with respect to the furnishing medical, nurse and hospital ser vice and m edi cine to injured employes entitled thereto, and for the pay ment th erefo r . 3148. Claimant may appeal if denied compensation. _Th e comm is~ion shall have full power and authority to hear a-nd determm e all q~1est1 o~s within its jurisdiction, pertaining_ to the pay ment ?f com pensa t1?n and ·benefits and its decision thereon shall be final; prov ided, how eve r, m case the finai action of such commission denies the right of th e claiman t t o pa rticipate at all in such fund o~ the g:ound th~t the injury ,:7as self-in~ ictecl or on the ground that the accident did not anse out of a!1d 111 th e co~11 se ~f employment, or upon any other ground going to the basis o_f th e claimants right, then the claimant, within thirty days after t~1e not1~e <?£ t he fi n~! action of such commission, may, by filing his appeal 111 the d1 stnc! cour t 111 any county ·of the district where the injury was inflicted, be e~titl ecl t o a trial in the ordinary way, and be entitled to a jury 1f he demands 1t._ In such a proceeding, the district attorney, without additional comp ensa t10n, sh_all represent the commission, and he shall be notified by th e clerk for t hwith of the filing of such appeal. Within thirty days after filing_hi s app ea_I, !he appellant shall file a complaint in the ordinary form _agai11:st such com mi s ~on as defendant, and further pleadings shall be had 111 said cause, ac_cordmg to the rules of civil procedure, and the court, or the jury, under th e m structions of the court, if a jury is demanded, shall determine the rig ht of t he claimant; and if they determine the right in his favor, shall fix his compe nsation within the limits and under the rules prescribed in this t itl e; a nd any final judgment so obtained shall be paid by the commission out of the state insurance fund in the same manner as such awards are paid by such commission. The cost of such proceeding, including a reasonable attorn ey's fee to be fixed by the trial judge, shall be taxed against the unsuccess ful party. Either party shall have the right to prosecute appeals to th e supreme court as in civil cases. An employer should be notified of the hearing to allow compensation, and it has sufficient interest In the fund to permit it to bring certiorari or prohibition proceedings where th e commission acts without juris diction. The Ind . Com of Utah v. Evans, Judge, 51 U. - ; 173 P . - . Where the Industrial Commission proceeds without any evidence in allowing compensation, it Is without jurisdiction, and appe a l Iles to the courts. Id. Even though the Industri al Commission a ct did not a uthorize the question of ultimate li a bility of the employer to be r eviewed on appea l or by dir ect a c tion, such right would exist bl' virtue of sec. 2, art. 1, of the Cons titution . Id. 3149. Latitude of commission in procedure. The commission shall not be bound by the usual common law or statutory rules of evidence or by any technical or formal rules of procedure, other than as herein provided; but may make the investigation in such manner as in its judgment is best calculated to ascertain the substantial rights of the parties and to carry out justly the spirit of this title. 3150. Minor deemed sui juris. A minor working at an age legally permitted under the laws of this state shall be deemed sui juris for the purpose of this title, and no other person shall have any cause of action or right to compensation for an injury to such minor workman, but in the event of the award of a lump sum of compensation to such minor employe, such sum shall be paid only to the legally appointed guardian of such minor. 3151. Agreements of waiver to compensation invalid. No agreement f I ,-- - - - - - - - - - -- - -- - - -' �1- - - ~- - --~....____ ~- Form 4. REPORT OF COUNTY ASSESSOR Employer E s ~ -·:- •-- - · -- ~ · ngaged in E x tra-R azardous Industries • m • the •Count yo-----------------f • ____________________ · A. D., 19 ___ _ - -------- Sta t e of Wyommg, Reported by __ .__________ . : _..:_..; _________•_________________________________ County Assessor. ~-::-=::-::-:- -::-=------- • ---- - - · ~- EMPLOYER'S NAME ~~==:--~-,~----- -•,.,,,..-·-~ ~ - :,:,::--=--··- INDUSTRY = == === - -" '·"" -·""-·= '-- -·• •-• · ----···- - · - --.· •..~---=- ADDRESS --• • •• - -· - -- :;. - ~ - ~ - REMARKS . =·•--------~-=--•==--=--~••••-~--1-~~ ..... C ~ ~ • •• = - · • · ·~ = - • - ~ - - • = - ••-••==- - - �l Form3-B EMPLOYE'S REPORT OF ACCIDENT 'ro _______ ________ __ _____ ___ __ ___ __ ____ _____ ____ , Clerk of the Distr ict Court, of the _____ ___ ___ __ ______ _ J udicial District, within and for the County of_ ____ ____ __ ______ _____________ __ __ __ ______ , State of Wyoming. ----------------- - --- ----- --- - --------- - - - ------, employed by ________ _________ ___ ____ ________ _____ _ (Ioj orcd person,) __----- - - -------- -------- - --- - - ------- -------- - ---- __ -, Wyoming. --------------------------------------------------------------- --------------------------------------- (1) The name of the injured workman and the time, cause and nature of the accident and injury; also whether the injury has disabled t he workman from continuing the perfor mance 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 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 employe, and if so, a statement of the facts. (5) Whether the injured workman is married or singled; if mar2 .; 0 a, whether he has a dependent family, and i:f so, the names of th e persons comprising such dependent family and their place of residence. (6) Whether the injured workman claims compensation under this Act, and whether his right to compensation _or ~he amount ?f compensation 1s disputed by h1s employer. �Form No. l . Employee's Statement of Dependent Persons Husband or Wife [Name] [Age] [Residence] Number of Children under sixteen years of age [Name] [Residence] [Age] Parents ---------------------------------------------[Name] -- [Residence] • ' ------------------------------------------ ' ---- .- ·----[Age] ------------ Signed this ___________________________________ day oL-------------------------------------A. D. i9 ____ , Signature: Witness: ---------------------- ------- ----------------- ------- --------- _________.,., --------------------------------------------------------------------------------- ------ _________ ,,- ------------------------------------------------- ------------------------------------------------------------------------- ----- _______________________ , ------ -------------------- ---,• -------------------------------------------------------------------------------------------------------1 ------------------------------------------ --------------------------- �I I MONTHLY PAY ROLL of------------_________________________ __ ___________ __ _____________ ______ -for Month ending ----- ------ --- -- --- -- ----- -- ·--- , A. D. I 9 ------ --, ----------------------------------- , Wpoming. OEREKE. l-1~ 5000 -No.··1 NAME AMOUNT OCCUPATION ~ 1 ---- 2 - - +- -- - - ----- 3 - - - - - --·· -- - - - - - - -1 ·--· ----- - - -- - - - --- - - - - -- - - - -- ------- - -·-- - - - - - - - - , -------------- - - - - -- - - - ---- - -- - 4 -·- ----- ----- - - - - - - - - - - - - - - - -- - --~- - - - - - i I I- - - - - -- - - - - - - - - - - - - - - l 5 -- --- -- ____ __ _ _ ____,_____ 6 7 - -- - - - - - - - - 8 ··- - . -. - - - - - - · · -- - - - - -- ---- - . --- - - -- - - - - - -- - - -- - - - - - -:- - - - - - '. 9 lQ I 11 I - - -- _ _ I ___ - - -- - - - - - - ·- 12 -~ - - - - - - - - - - - - - - - - - -- ·- - - ~ - - - < - -- - - - - - - - - 1- - . ----- 13 I_!!_: I -- - - - ---- - - ~ - - - - - -j-- - - - - - - - - - - - - -- - -!, -15-l!i- -- 16 - - - - - - - - - - - , - -- - - -- - - - -- -__:_ __ _ _ 17 ; ,:- - - - - - - - -- 1 18 - - - ,- - - - - - - - - - - - - --.- - - - I - -!- - - - - - - - - - - - - - - - - -1- - -- - - - - - -- ----------I ~ i _i- - - - - - - - - - - - - - - - - - 1 - -- - - -- - - - - - - - 20 : - - - - - - - - - - - - - - - - - --1-- 21 ' - -- - -- - - - - - ---j-- - - -- -- - - - - - 22 - -,,- - - - - - - - -- - - - - - - -- -l-- ---- - - - - - - - - -- - ------- -- - - - ------- . _E_:_________________ ---1 - - - - - -- - - - -- - 24 I I I ·----. -- - -- - - - --- - - 25 1:-- - - - - --- - - - 1 _ ___J ____ _ - -r I __,;_--:--:-:-:-::--:--::--:--=~:------'----------T.:_o:_:t::al:_A:.:_m:o:u~nt~~--=---··.:.$~ Draft attached for 2% of Total , �Form 3-.A. EMPLOYER'S REPORT OF ACCIDENT To __ __ ___ ____ ___ ____ __ __ ___ _____ _______ ____ ____ , Clerk of the District Court, of the ___________________ _ Judicial District, within and for the County of_ _______ ____ __ ___ _____ ____ ___________ _____ , State of Wyoming. _______ __ ____ ____ ___ ____ ____ __ ___ ___ _____ ___ ----, employed by __ __ _________________________________ _ ( Injured pers on .) ________ ____ ___ ___ ______ ____________ ____ _______ ___ __ _-, "'\,Vyomiug. ------------------------------------------------------------------------------------------------------ (1) The name of th e injured workman and the time, cause and nature of the accident and injm-y ; also whether the injury has di sabled the workman from continuing the performance of his duti es. - - - - - - - - - - - - - - - - , - - - - - - - - - - - --1 I (2) Whether the accident oc- curred while the workman was en. gaged in the duties of his employment, and grew out of the employment. (3) The nature of the employment and duties, and how long the workman had been engaged in the service of such employer. ------------------it---------------------------------(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 singled; if married, whether he has a dependent family, and if so, the names of the persons comprising such dependent family and their place o.f resi- dence. I 1 I -- ---· ----·------ -- ----!---------- ----·-- --- ·---- - - - - - (6) Wliether tl1e inj~red work~ man claims compensation unde1 this Act, and whether his right to compensation _or ~he amount '?f compensation is disputed by Jus employer. II I - ,c_J_ -- - -· - J �, ---:- · · - - Compensation Law of the State of W yarning CHAPTER 124. House Bill No. 14 7. THE WORKMEN'S COMPENSATION LAW. AN ACT providing compensation for injuries or death resulting from injuries, of workmen from accident occurring in extra-hazardous employments; defining extra-hazardous employments and providing for the accumulation, maintenance and administration of funds in the State Treasury for the payment of such compensation ·and repealing Sections 3 526, 4291 and 4292 of Wyoming Compiled Statutes, 191 o, 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 Legislafore of the State of Wyoming: 'section 1. tion Law." I . This Act shall be known as the "Workmen's Compensa- General Provisions. Sec. 2. Compensation herein provided for shall be payable to persons injured in extra-hazardous employments, 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 funds shall be in lieu of and shall take the place of any and all rights of action against any employer contributing, as req~ired by law to such fund in �STATE Ol!' WYOMING COM:PE NSA'l'ION LAW favor of any such person or persons by reason of any such injury or 3'"?.6 • o_, , 4?.91 _, and 4292 ,and all other . . laws . or .parts .of. laws . d ea th . S ec t.ions relating to damages for injuries or death from mJnries or m anywise rn conflict with this Act are liereby repealed, as to the ~roployments, employers and employees coming within the terms of tlus Act. (a) " F actories" mean any prem ises wherein pow er is used in manufacturing, making, al terin g, adap ting, omamenting, finishing, r epairing or r enovatin g any ar ticle fo r the pmpose of tr ade or gain or the business carried on therein, including expr essly any bri ck yard, meat-packing house, fo un dry, smelter , or e r educti on works, lime-burning plant, stucco pl an t, steam heatin g pl ant, electri c li ghting or power plant including all work in or direc tly connected with t he constr ucti on, installation, operation, alter ation, r emoval or repair of wires, cables, switch-boards or apparatus used for the transmission of electric current, and water power plant, in cluding tov,ers and stand pipes, pow lei· plant, blas t furnace, pap er mill , printing pla n t, flour mill, gla s factory, cement plant, artificial gas plan t, machine or repair shop, salt plant oil r efiner y plant and chemical manufacturing plant. 2 Provisions Exclusive, Compulsory and Obligatory. Sec. 3. The rights and remedies provide_d in this Act fo_r an employee on account of an injury shall be exclusive of all other _rights and remedies of such employee, his personal or legal representatives_ o~· dependent family at common law or otherwise 0~1 accou_nt of such mJury ; and the terms conditions and provisions of tlus Act for the payment of compensation ~nd the amount thereof for injuries sustained or d~ath resulting from such injuries shall be exclusive, compulsory and obligatory upon both employers and employees coming within the provisions hereof. Extra-hazardous Occupations. Sec. 4. The extra-hazardous occupations to which this Act is applicable are as follows: factories, mills and workshops where machinery is used; foundries, blast furnaces; mines, oil wells; gas works; natural gas plants; water works; reduction works; breweries; elevators; dredges; smelters; powder works; laundries operated by power; quarries; engineering works; logging; lumbering and saw mill operations; street and interurban railroads not engaged in interstate commerce; buildings being c?ns~ructed. repaired, moved or demolished; telephone, telegraph, electric light or power plants or lines; steam heating or power plants ; railroads not engaged in interstate commerce; bridge building and all emplo:rments. wherein a proce~s r~quiriD:g the use of any dangerous exploslVe or mflammable materials 1s carried on which is conducted for the purpose o~ business, trade or gain, each of which employments is hereby determmed to be extra-hazardous and in which from the nature con~tions or ~eans of prosecution of the work therein required risks t~ the life and hmb of the workman engaged therein are inherent necessary or sub~t~ntially unavoidable. This Act shall not apply in a~y case wh~re the mJury occurred before this -i\..ct takes effect and all rights, which hav~ accrued by reason of any such injury prior to the taking effect of tl11s Act shall be saved the remedies now existing therefor. This Act shall only apply to t?ie employers by whom five or more workmen have been. employed ~ontmuously _for more than one month at the time of the_accident; provided? that this Act shall apply to the em lo ments wherem dangerous explosives are used or where the empl oymenpt reqmres y · . t h e perf ormance of serVIces upon derricks , scaffold"mg, po1es or other s t rue t ures t en f eet or more above the surface of th d · gard to the number of workmen employed. e groun without reExceptions. Sec. 5. This Act shall not be construed t 1 • • ployments, which according to law are so e~ app y ~o ?usmess or emgaged m mterstate commerce as to be not subject to the 1 • 1 t· ' . . . eg1s a ive power of th St t t e a e nor o persons IDJured while they are so engaged. Definitions. . . Sec. 6. In this Act unless the context oth erw1se reqmres : • 3 (b ) " W ork shop" means any yard, plant, premises, ro om or place where power driven machin ery is emp loyed and manual labor is exercised by wa) of trade or gain or otherwi e inc idental to the process of making, alterin g, r epairing, printing, or omamentin g, fini shing or adapting fo r sale or other wise any article or part of ar ticle, over whi ch premises, room or place the employer of the per son working ther ein has the right of access or control. (c) " Mill " mean s any plan t, premises, room or place where machinery is used, an y pro cess of ma chinery, changing, altering or repairing any article or commodi ty fo r sale or otherwise together with the yards and premises, which are 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 structures or machinery at or about the openings of the 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, 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, any caiss~n work or work in artificially compresse~ air, _a'I!y work in dredging, work on log or lu~ber ~-afts or ~~oms; pile dr:vmg, moving · buildings, moving safe~, or m laymg? rep_airmg_ or remoy1_ng, underground pipes and connect10ns, t~e erection, mstallmg? repau:mg, or removing Qf boilers, furnaces, engmes and power machmery (mcluding belting · and other con- �y [) 4 S'fATE OF WYOMING COMPENSATION LAW nections) and any work in grading or excavating wbcr~ shoring is n e~essary or power machinery 01: blast_in_g powder, dyn~m1te or other lugh explosives is in use (excludmg mmmg and quarrymg). (h) "Employer" includes any person, . or body of persons cor porate or incorporate, and the legal representntn:es of a d~c~ased employer or the receiver or trustee of a person, corporation, association or partn ership. (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 or standing in a representative capacity of t h e employer. The term "workman" shall include " employee" and shall include the singular and plural of both sexes. Any refer~nce to a work man, who has ~een injured shall, where the workman is, dead include a reference to his _" dependent family", as hereinafter defined: or to his l~gal repr;sentative or where the workman is a minor or incompetent to lus guardian or next friend. • (j) "Depe~dent families" as used in this Act·means such members of the workman s family, as 1:ere wholly or in part dependent upon the woikman for support at the time of the injury and shall include widow o~ i:~~nd, tahs the case may be,_ a_nd children, or if no widow husband o1 c 1 en, e parents of the mJured workman "f t 11 upon him for support at the time of the in. . . :{ ac ua y ependent surviving spouse wilfully desei·ted d j_m!, 1 it be shown that the of the deceased, such survivin s 0:ase. wi th0 ut fault upon the part pendent in any degree No sur~ivk e will not be regarded, as a deefits _of this Act, unle~s she shall ha~espbouse shall_be entitled to the henthe time of the injury. een married to the deceased at d (k) "Child or children" means s· h ' years of age (·and over said age if h u~ that are under sixteen (16) 1~~lly or m_entally incapacitated from earning) and shall also in~l workman born after his death f u ~ ;gitimate clnldren of the injured 1 family dependency in whole or ~om :J:·y: In other cases questions of with the fact, as the case may be a~~\ s :an be determined in accordance definition of "dependent families,, sh:lrime 0 the injury; the foregoing named, who are aliens residing b not include any of the persons States of America, except a surv~;:nd t~e jurisdicti?n o! the United teen (~6) years of age and as to such n~ w1d?w, or children under si:x:pensation shall not exceed t,ve t fi n-res1dent aliens the rate of comcompensation herein provided. n Y- ve per cent (25%) of the rates of lr ! (I) The words "injuries su t . . !n:nt ~ ', as used in this Act shall inc~u~1:ed Ill extra-hazardous employ~nJuries to employees, as a result of th . death resulting from injury and m or_ a?o~t the premises occupied u e~ employment and while at ~ork and IDJm;ies o~curri.ng elsewhere or contro!led by the employer, ~mployer s bu~me:-s requires their pr e at work ID places where their azardous dut~es mcidei:rt to the bustsence and subjects them to extraof the employees occurring whil hn_ess, hut shall not incl d . • • e on IS way t 0 u e lllJur1es assume the duties of his 'wh1! 5 employment or after leaving such duties, the proximat e cause of which injnry is not the employer 's negligence. (m) 'l'he words "injury and p ersonal injury" shall not ·include in jury caused by t he wilfu l act of a third per son directed against an employee for reasons personal to such employee, or because of his employment; nor a disease, except, as it shall directly r esult from an injury incurr ed· in the employment. (n) "Invalid" means one ,1"110 is physically or mentally incapacitated from earning wages. Guardian May Act. Sec. 7. In case an injured ,rorkman is mentally incompetent or a minor, or where death res ults from the inj ury, in case any of his dependents, as herein defined be mentally incompetent or a minor , at the time wh en · any right or privilege accr ues to him under t his Act, his guardian may, in his behalf, claim and exer cise such right or privilege nnd no limitation of time, in this Act provided for, shall run, so long, as snch incompetent or minor has no guardian. If Other Than Employer Is Liable. Sec. 8. Where an employee coming under the provisions of this Act r eceived an injury under circumstances creating a legal liability in some person otl1er than the employer to pay damages in respect thereof, and no legal liabili ty attachin g to the employer , then and in such case such employee shall be left to his r emedy at law against such other person, and compensation shall not be payable under this Act. This Act Governs. Sec. 9. No contra ct, rule, r egulation or device whatsoever shall operate to r elieve th e employer , in whole or in part, from any liability created by this Act except as her ein provided. Blank Forms Supplied by the State Treasurer. Sec. 10. Tt 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 by employers for reporting and certifying pay-rolls of persons employed by them in extra-hazardous employments and for reporting injuries; and forms for use of injured persons in making claims for compensation; also 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 Act. Employer's Report of Accident. Sec. 11. Whenever an accident occurs causing injury to any workman engaged in any of the extra-hazardous employments defined by this • Act, it shall be the duty of the employer within 20 days thereafter to make a report of such accident and the 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 na~e of the -~jured workman and the time, cause and nature of the accident a?d _mJury; also whether the injury has disabled the workman from contmumg the performance of his duties. (2~ Wheth~r the .~ccident occurred while the workman was engaged m the duties of his employment, and grew out of the employment. �STA.TE OF WYOMING COMPENSATION LA-W (3) The nature of the emploJ m~nt and duties and .how long the workman had been engaged in the ser vice of such employeI • r egular jury panel be in att endance at Cour t on the date any such hearing may occur . 'l'he takin g of evidence shall be summar y giving a full opp ortunjty to all pa r t ies to develop the facts fully. The official court repor ter of the distr ict shall attend the hea ring and mak e a stenographic repor t of the evidence without cost to either par ty. The Court or Judge shall direct the County and Prosecuting At t orney, or other competent attomey appointed by the Cour t to conduct the examination of witness es on behalf of the injured workman, and it shall be the duty of said attorney to app ea r and perform such ser vice without expense to either party. 'rhe 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 fo r 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 th e verdict and judgment be in favor of t he employer, but if against the employer then he sha ll pay the costs. At the conclusion of the hearing, the 8olll't sliall enter an or der pursuant to the ver dict of the jury, if ~a jury be called, and if no j ury be ca lled, the Court or Judge shall render a decision upon the facts and law of t he case pursuant to the provisions of t hjs Act, and make an order allo,, ing or djsallowing compensation, as the la" · and the evidence may warrant. In any proceeding before a Court or Judge, as afor esaid the Court or Judge shall _have au~h?rity to appoint a duly qualifi ed impa r tial physician t o examme the mJured employee and give t estimony. The fee for such service shall be Five ($5.00) Dollars, Hnless other wise ordered by the Court, with mileage allowance, as· is all owed to other witnesses, which shall be t axed, as costs, and paid as oth er witness fees are paid. The employer or employee may at his own expense also appoint a qualified physician, who may attend and be present at any such exa mination of an injured employee and give testimony at such hearing or investigation. 6 (4) Whether the accident was or wa_s not due solely to the culpable negligence of the injured employee and 1£ so, a statement of the facts. (5) Whether the injured workman is married or single ; if married 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 claims compensation under this Act, and whether his right to compensa tion or the amount of compensation is disputed by his employer. Said report may be made upon a printed form prepared by the State 'I'reasurer for such purposes, and shall be verified as pleadings in civil actions. Failure or neglect on the part of any employer whose business or occupation is one enumerated and defined herein, as being extrahazardous, to report accidents causing injury 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 ($500.00) Dollars. Investigation by the District Judge-Procedure in Disputed Cases. Sec. 12. Whenever an injury or death resulting from injury is repo_rted to the CI~rk of the District Court of the County wherein such mJury occ1!rred, m accordance with the preceding Section, it shall be the ~1~ty of said Clerk to at onc_e n~tify the Judge of said Court, that such mJur;>' report has_ been _filed m lus office. It shall thereupon be the duty of sai~ Judge to mv~st1gate ~he nature of said injury and claim for compensation at the ear~1est possible date, in such a manner, as he may deem necessarl t~ ascertam whether the claim for compensation or the amount t~1ereof is d1sp_ut_ed by the employer, and if there be no dispute, as to the right of the mJured 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 direct1'ng paym· t f h • f • en or sue com• accor d ance w1·th pensation rom. the State. Industrial Accident Fund m t h. e f acts bY him ascertamed and the terms of this la r If th b dispute_, as to th e ng_ • ht 0 f sai'd mJured • • e a employee or his "· dependenterefamily to receive ~ompensat10n, or as to the amount thereof, then it shall be the dut~ of said Judge to set the case down for a hearing at th r t p,ossible da!e and to direct notice · of such hearing to b • ~ e:r ~~ Clerk of said Court for service upon the em lo e. e issue Y e least seven (7) days before•the date fixed f;r :a: and t_he emp~oyee ~t d he~rmg, which said notice shall be served by the sheriff of said C either party, except. that his actual travelin ounty without expense to and taxed, as costs. The hearing shall b g expenses shall be allowed and report filed by the employer and suet c;1~.ducted ?Pon the statement sented and filed with the Clerk of the Di t ·~ m~l claims as may be prethe injured workman. If the employ .. sh~ICt Court by or on behalf of m alis report. of th e lllJury • • • • t Imt t h e mJury was due solely to theercul a11 eges employ ee, or that the claim for com en Pt')1e ~eghgence of the injured the provisions of this Jaw then a jm·f sa 1~n Js one not coming within ~nd the ~ause shall he t~·ied, as ·a Co:~~Y .e em?-nded by e~ther party mantled, 1t may be selected from names d ~roeeedmg. If a Jury 1s dejury box, as in civil eases at p.ny time in /~wn _from the fiv~ mile limit erm time or vacation unless a 1 Appeal to Supreme Court.. . . . . . Sec. 13. Any order g1ve_n and made m any mvestigation or hearmg by a Court or Judge pursuant to the provisions of _this ~ct sball _be reviewable by the State Supreme Cou_rt_ on proceedmgs i~ error m the manner prescribed by the code of c1v1l_ procedure; provided, however, that the petition in error, bill of exceptions and record on appeal must be filed in the Supreme Court within thirty (30) days from the date of decision or order on motion for new trial by a Court or a Judge; unless the time be extended by order of Court or J~dge, 3:nd thirty \30) days shall be allowed all parties thereafter for filmg bnefs and said appeal ~hall be advanced on the calendar and disposed of as promptly as possible. In case an appeal to the Supreme Court is ~rosecuted on behalf of the injured workman, the County and Prosecutmg Attorn~y, or other Attorney representing said wo~·kman shall order a transcript ~f the record of the hearing and proceedmg to be prepared by the offimal 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 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 represent- �l] STATE OF WYOMING COMPENSATION LAW ing said workman. In case an appeal be prosecut_e~ on beba~f of the employer, the record of the proceedings at the origmal hearmg shall be supplied without cost to such employer, but. such employer may employ counsel to conduct such appeal on his behalf. month 's pay-roll of workmen engaged in extra-hazardous employment by twelve, and shall likewise be not less than Five Thousand ($5,000.00) Dolla~·s. .Such_ employer shall not be compelled to contribute when his contributions m the fun d, after making · deductions as aforesaid, shall eqnal two }?er cent (2 % ) of his annual pay-ro11 , and s_hall likewise be not less than F ive Thousand ($5,000.00 ) Dollars. 8 l. Court Order Recorded-Copies to Auditor and Treasurer. Sec. 14. Every order given and made by a District Cou~·t _or Judge awarding payment from the Industrial Accident Fund to an mJured employee 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 forwarded to the State Auditor and State Treasmer, respectively, of Wyoming, and shall be by each of said officers entered upon a record to be known as the Compensation Docket and shall be the authority and direction of t.he State Auditor to issue warrants for compensation awards against the Industrial Accident Fund and for the State Treasurer to pay such compensation awai;ds from sai d fund. • Industrial Accident Fund-Appropriation. Sec. 15. There is hereby created a fund to . be known as the '' Industrial Accident Fund," which shall be held by the State Treasurer and hy him deposited in such banks as are authorized to receive deposits of funds of the State. All moneys received by the State Treasurer under the provisions of this Act shall become a part of the Industrial Accident Fund and there is hereby appropriated out of funds in the State .Treasury not otherwi_se appropriated the sum of Thirty 'I'housand Dollars ($30,00_0.00) , wlnch sh~ll be paid into and become ~ part of such fund. There 1s also appropriated annually, until otherwise provided by law, out of any moneys m the State Treasury not otherwise appropriated a sum equal to one-fourth of the total sum, which shall be received b the State Treasurer from employers under the provisions of Section 16 h~reof no~, however, to exceed the sum of For~y Thousand Dollars ($40.000.00) pe1 annun!, and the moneys so appropriatei1 shall be credited to · and be~ come a part of such fund . All fees or mileage of w·t • d physicians adjudged to be paid from the accident ~ ne~se~, Jurors an proceeding under this Act, and all contingent expe un_ m andy_ court • d • ti l • · . nses mcurre m preParing .fo 1• an. m • ie at m1111strat1011 of this Act shall b 'd f. h Tndustrial Accident Fund on proper Youcl1e1·s an(l warrants. . e pa1 l om t e Employers' Assessment. Sec. 16. Every employer engaged in an. f h . . defined, as. extra-hazardous, is hereb re ui;. 0 t e occ~pat10ns herern Treasury for the benefit of the Industi;al A~ .;d t; pay mto the State equal to two per cent (2%) of the moneys eai~ ent und a sn:m of money engaged in such extra-hazardous employ t Jd ?Y each of his employees of such employment from and after Api~e~t ~·mg each calendar month be so made on or before the 15th da , of ' 15- Such payment shall for which such payments are compJed a~ie m~nth following the month shall keep a separate account for eacl d paid. The State Treasurer fund . . Each employer shall continu ~ employer so contributing to said above provided, unless the sum th:re~ ?ake mon_thly contributions as deducting all payments made on acco i ~r~ ~o~tributed by him, after all allowances made on account of su u~. 0 . ll~Juries to his employees and cent (2 % ) of his annual pay-roll co~ :i!~riis, shall_eq'!al fu~l two per p Y multiplymg his current t. J 9 Copy of Pay-Roll to State Treasurer. Sec. -17. It shall be the duty of each employer to forward to the State 1're~surer on a blank form provided by said State Treasurer, a true copy of lu s pay-roll of p er sons in his employ engaged in extr a-hazardous employment during th e cunent calendar month on the tenth day of the nex~ succeeding calendar month, swom to either' by himself or the person havmg knowledg e of said pay-roll, and any statement contained in such ve;·ified copy, which can be shown to have been made falsely and with a wilfu l intention to evade the pr ovisions of this Act shall constitute a misdemeanor plillisha ble by a fine of not more than F ive Hundred ($500.00 ) Dollars. Duty of County Assessor, State Treasurer and Attorney General. Sec. 18. It shall be the duty of the County Assessors in each of the co1mties of th e State to ma ke a list of all employers within th eir respective coun ties, who ar e engaged in ext ra-hazardous industri es, as defined by this Act, and to fo rwa r d such list of extra-hazardous employments and industries to th e State Treasurer within thirty (30) days after the passage and approval of this Act. It shall be the duty of County Assessors of each of th e counties of t he State to make monthly reports to the State Treasurer , showing what, if any extra-hazardous industries have suspended business p ermanently, and what if any new extra-hazardous industries have been established and commenced in their respective counties during the preceding month, and it shall be the duty of the State Treasurer to immediately proceed in the collection of assessments from said extra-hazardous industries, as is provided in Section 16 of this Act, and in case any employer engaged in an _extra-hazardous business or industry, as defined by this Act, shall _fail or .refuse to pay the asse~sment upon his current monthly pay-roll, as 1s reqmrecl by this Act, then 1t shall he the duty of the Attorney General of the State to immediately bring snit in the name of the State for the benefit of the Industrial Accident Fund against such employer for the collection _of such assessment, and if a judo-ment for the recovery of said assessment be given in favor of the Stat: for the use and benefit of the Industrial Accident Fund, said judgment shall be for double the am~unt of the pay-roll assessment provided by Section 16 hereof, together with costs. Compensation Schedule. • Sec. 19. Each employee, who shall be injured in any of the extrahazardous employments, as herein defin~d, or the dependent f~m?y. of any such injured workman, :who may die as a result _of such mJuries, except in case of injuries d_ue solely to the culpab_le negl~gence of such injured employee, shall rece1_ve out .of the _Industrial Acmdent Fund, compensation in accordance with the followmg schedule, and_ such payment shall be in lieu of and take the place of any and all rights of action against any employer. contributing, as required by this Act to the Industrials Accident Fund m favor of any person or persons by reason of any such· injuries or death: �tJ D 11 STAIJ.'E OF -WYOMtNG COMPENSATION LAW (a) "Permanent, partial disability" means the loss of either one foot, one leg, one hand, one arm, one eye, one or more fingers, one _or more toes, any dislocation where ligaments are severed, or any other illjury known in surgery to be permanent, partial disability. For any permanent, partial disability resulting from any injury, the workman shall receive a lump sum as hereinafter specified. For the loss of a thumb _____________ -------------,--$ 150.00 " " " " " :first finger ------------------------ 125.00 " " " " " second finger --------------------- 100.00 " " " " " third finger _______________________ 100.00 " " " " " fom-th finger ---------------------75.00 " " " " palm (metacarpal bone)_______________ 400.00 " " " " hand -------------------- ___________ 800.00 " " " · " an arm at or below elbow_____________ 900.00 " " " " " " above elbow ----------------- 1000.00 previous permanent disabTt,, • •• 1_1 ~, th e percent~ge of d1sab1lity quent inJ·ur shall b for a subse_ e deteimrned by deductmg therefrom the percentage prev10us d1sabilitv •• d at the time • • o. f_ .t 11e Wl J, as i·t ex1ste of the subsequent illJllly. ien p~rmanent total disability results from the inJ·ury the workman shall r eceive: ' 10 For Anky-losis ( total stiffness of) or contractures ( due to scars or injuries) which makes the fingers more than useless, the same amounts apply to such finger or fingers (not thumb) as given above. . The loss of the second or distal phalange of the thumb shall be considered to be equal to the loss of one-half of such thumb; the loss of more than one-half of such thumb shall be considered to be equal to the loss of the whole thumb. • . The loss of the third or distal phalange of any finger shall be considered to be equal to the loss of two-thirds of such finger. The loss. of more than the middle and distal phalanges of any finger shall be cons1d':red to be equal to the loss of the whole finger; provided, however, that m no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand. ~~r t~e l?~s ~f a great toe ___________________________ $100.00 one of the toes other than gr~at toe_____ 50.00 The loss of more than two-thirds of any toe shall be considered to be equal to the loss of the whole toe. to thTehleoslsososfof lelss ltfhanf tlwo-thirds of any toe shall be considered equal • one- 1a o t 1e toe. For the loss of a foot ___________________ $ 800 00 For the loss of a leg below the knee ----------- 900.00 For the loss of a leg above the knee_____ 1000 00 For the loss of an eye ------------------=========== 700:00 For any other injury known t b • • ability, the workman shall . . o surgery to_ e permanent partia~ dist th Ieceive a lump sum man amount proport10ned uopo.netehxtefnt of ~uch permanent partial disability based as near as may be e oregomg schedule. both (!~"Permanlent total disability" means the loss of both legs or ' or one eg and one arm • total loss f • h ' ?ther condition permanently incapa~itating th o ey::1g ft, paralysis or mg any work at any gainful . e wor an rom performvious disability as the loss of occupation. Where there has been a pre' one eye, one hand, one foot, or any other r (1 ) . lf unmarried at the time of injru·y a lump sum of $1000.00. (2) If the w?rkman had a wife or invalid husband but no child 1illder th e age of sixteen (16) years, a lump sum of $1,200'.oo. (3 ) If the workman had a wife or husband and a child or children under the age of_ sixteen q6) years ,of age, or being a widow or widower, for any such cluld o~· cl11ldren the lump sum provided in the preceding para gr aph shall be mcr eased by adding thereto a sum equal to Sixty ($60.00 ) Doll ar s, per _ye~r for each child for each year \IDtil each child ~h all be of the age of sixteen (16 ) yea.rs, but the total amount of such mcreased su~:n allowed for children under sixteen (16) years of age shall not ex ceed ill the aggregate a sum equal to one and one-half the sum allow ed to the widow or widower in any such case. ( c) "Temporary total disability" means an injury which 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 medical or surgical treatment and be able to resume work. In such cases, if the workman be unmarried at the time of the injury, he shall r eceive the sum of Fifteen ($15.00) Dollars per month, so long as the total disability shall continue. If he have a wife with whom he is living at the time of the injury, he shall receive Twenty ($20.00) Dollars p er month, and if he have children under sixteen (16) years of age, he shall receive Five ($5.00) Dollars per month for each child under sixteen (16) years of age, but the total monthly payment shall not exceed Thirtyfive ($35.00) Dollars per month. No compensation shall be allowed for the first ten days of disability, but if the incapacity extends beyond the period of ten days, compensation shall begin on- the eleventh day after such injury. As soon as recovery is so complete that the earning power of the 'workman at any kind of work is restored, the payments shall cease• but in no case shall the total payments made in such cases exceed in th~ aggregate the lump sum amount herein specified to be paid an injured workman for injuries causing permanent total ,disability. ( d) Where death r~sults from an injury, ~he expense of burial shall be paid not to exceed Fifty ($50.00) Dollars ill any case; u~less other arrangements exist between employer and employee, under agreement. (1) But if the work~an leaves a widow or inval_id widower, s~ch survii.dng spouse shall receive a lump sum payment of $1,000.00 to which shall be added a lump sum aggregating the present worth of Sixty ($60.00) Dollars per year for each survivin~ child -~der s~xteen (16) years of age until the time when each of said survivmg children shall become sixteen (16) years of age, provided that the aggregate sum so added on account of children under sixteen (16) yea~s of age shall in 110 case exceed an amount equal to the lump sum provided to be paid the surviving spouse, and provided further that ~f it be shown that the sm·viving spouse wilfully deserted deceased without fault upon the part of the deceased, such surviving spou~e shall not be regarded as a de- �12 COMPENSA'l'ION LAW STATE OF W YOl\'IING pendent in any degree, but in such cases the right of children under sixteen (16) years of age to compensation shall not be defeated, but the aggregate sum allowed them shall not exceed in any case the amount, which would have been payable to the surviving spouse if there had been no desertion of the deceased. In all eases wher e an order of compensation is made on account of children under sixt een (16 ) years of age or to persons incompetent, said fund shall be disbursed under a proper guardianship to be created by ~he Court or Judge making such an order. (2) If the injured workman die during a period of temporary total disability and after receiving compensation ther efor, as herein prov.idecl, and his death be shown to have resulted from such injuries, the total amount of payments received by him during such disability and prior to his death will be deducted from the lump sum amount herein provided to be paid to the surviving widow and children under sixteen (16) years of age in case of death resulting from injuries. (3) If the workman leaves no widow, widower or child under the age of sixteen (16) years, but leaves a parent or parents. surviving, who were actually dependent upon him for support, such surviving parent or parents shall receive a lump sum which shall be computed at the rate ·of·fifty per cent (50%) of the average monthly support actually received by such parent or parents from the workman during the twelve months next preceding the occurrence of the injmy calculated as near as may be over the probable period such support would have continued, but in no case exceeding the sum of Five Hundred ($500.00) Dollars. Forfeiture by Injured Employee.-Payments Withheld. Sec. 20. 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 reasonably essential to promote his recovery, he shall forfeit all right to compensation under this act; and where an injured employee is under care and treatment of a physician, he shall not be permitted to personally receivP, 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 discharae 0 by such physician. Exemption from Executfon or Attachment. Sec. 21. No rno~ey 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 garnished, or shall the same pass to any other person by operation of law, any such assignment or charge shall be void. · Minor Workman. Sec. 22. A minor working at au 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 h1 this act, but in the event of a lump sum payment becoming due 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. 13 Extra-hazardous Public W ork.-Contract Work. Sec. 23. :Whenever the State·, County or any municipal corporation shall engage m an? extr a-ha zardous work in which workmen are empl oye d for wages, this act shall be applicable ther eto. The employer's paym ents . iu to the Industrial Accident F und shall be made from the '.rreasm-,v o:E the State, County or l\fou icipality. If said work is being ,don by co ntra ct the pay-r oll of the contr actor ·and t he sub-contractor sha 11 he the basi of computation and in the case of contract work consuming less t han one year in per form ance the r equired payment into the acc ident fun d shall be subj ect to the pr ovisions of this act and the State fol' its O'eneral fund, the county or municipal cor poration shall be entitled to collect from the con tractor the full amount payable to the Industrial · cciclent Fund and the contractor , in turn, shall be entitled to coll ct from the snb-contr actor his proportionate amount of payment; th e provision of thi s section shall apply to all extra-hazardous work clone lJ~, co nlract, except t hat in private work the contra.c~or shall be responsibl e. primarily and dire ctly, to the Ind ustrial Acmclent F und for the proper percentage of the total pay-r oll of the wor k and for the amounts due it, a nd the owner of the proper ty affected by the contr act shall _be surety fo r such payments. Wh enever ~r.i d s~ long as th e Stat ~ ~aw, city char ter or muni cipal ordinance, prov1s10n 1s made for mun1c1pal emp loyees iujmed in the course_of employmen t, such e1;nployee s~all not be entitled to the benefi ts of tlns act and shall not be mcluded m the payr oll of the municipality und er this act. Safety Devices. . . Sec. 24. Nothing in this act contained ~hall repeal an)'. ex1stmg law )l'oviding fo r the installation 01: main~enance of any device,_means .or !nethod for the preYention of ~cc1dents. m extra-haz~rdo.us wo1k or for a penalty or punishment for failure to mstall or mamtam any such prot ective device, means 01: method. . Fees for Services in Procuring Compensation Limited. S 25 It shall be unlawful for any person or _any n_umber of perec.. • to ether or separately or in any way, mcludmg attorne;vs, d 11 other persons to receive. or agree to rece1v?. sons act:mg g a~ents, 1:nterpreter~, ~ly from any be~eficiary or beneficiaries under -either directly 01'. m need• . d . to be rendered either jointly or sepath· t for services ren e1e or ' , IS ac .' . rocuring any benefit or benefits under this act, any rately, m r elatmg to ~ - . more than fifty dollars or more than five pel' sum or sum~ ag1refa ::~unt. received or to be received by such benefic~ntum of t e ;-' ~? e n account of injuries to any employee. Every perciary _or b~nefic:a1~:c~rned in the violation of the provisions of this sec01 il~ of a misdemeanor, and upon conviction thereof shall S?11 violatmg fifty dollars nor more than five hundred dollars, to. t1on shall be gu be ~ued notblessdtdiadn imprisonment in the county jail for a term not exwlnch may e a e ceeding ninety days. ' • Ph . . s Required to Testify. . .AJ.1 physiciaµ having attended an employee m a profesysici.an . Sec. 26 '. ·t \ • be required to testify before any Court or Judge s10nal ca)'.1~1 { cases corning within the provisions of this act, and when so cfire~. e_Jeged coU:.munication between physician and patient., as • h the law o puvi fixed by statute sh_a ll not apply m sue cases. J·~ f "%\1 1 I I .l ·\ �/ n 15 STA'l'E OF WYOMING COMPENSA'l 'ION LAW False Statement by Employee. Sec. 27. • Any employee or workman who shall make or cause to be made on his behalf any misrepresentation or false s~ateme1;1t for the purpose of receiving compensation nuder this act to winch he 1s no~ l~wfully entitled shall be guilty of a misdemeanor, and shall on .com:1ction, be fined not more than Three Hundred ($300.00) Dollars or nnprisoned for not more than ninety (90) days. 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 or refusal. • 14 Employee's Statement of Dependent Persons. Sec. 31. All employees or workm en coming within the provisions of Lhis act shall ·be r equired upon entering service in any of the extrahazardo ns employm ents her ein defin ed to make and sign a written statement settin g forth the names of th e persons dependent upon them for uppor t or constituting memb ers of t hei r dependent famil ies, in each case givin g t he names and ages of th eir children under the age of sixteen (16) year . Statistics Compiled by State Treasurer. Sec. 28. It shall be the duty of the State Treasurer to _secu~·e and compile statfatical information concerning accidents occurrmg m 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 provision~ of this ~c~; t_he amount paid out on account of injuries, or death resultmg from mJm:ies 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 may deem proper for changes or amendments herein, and to publish a full report thereof, to the legislature on or before each succeeding session following the passage and approval of this act. P ayments of Employers Not to Be Refunded. Sec. 32. All payments made into the Accident Fund by any and cv r y empl oyer under the provision of this act shall be taken as paid an d 1· ceived in consideration of t he indemnity to such employer by rea011 of hi contributing to the Indu trial Accident Fund and in consideration of th e payments mad e by th e ta te to such fund, and no part _of any money so paid in by any employer shall ever be refunded to him eith r du rin g the time wh en he continues in business as such employer, or after he ceases such business. Provided, however , if this act shall be her eafte r r epealed or held invalid, all moneys which are in the Industrial Fund at the time of tl1e r epeal or final holding of invalidity shall be subj ec t to such disposition as may be provided by the Legislature and ~n defau lt of such legislative provision, distribution thereof shall be m accordanc e with the justice of the matter, due regard being had to obligations of compensation incurred and existing'. State Examiner May Examine Employer's Books. Sec. 29. The State Treasurer may direct the State Examiner to examine the books, accounts or pay-rolls of any employer at any time for the purpose of securing any information desired in the administration of this act, and it shall be the duty of the State Examiner to perform such service when called upon by the State Treasurer. Existing Contracts and Pending Actions Not Affected. Sec. 33. 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. Disabled Workman Examined by Employer's Physician.-Recovery Reported .to Court. Sec. 30. Any workman awarded compensation for temporary total disability under this act, as defined by clause ( c) of Section 19 hereof shall, if thereafter requested by bis employer, submit himself for medical examination by a physician licensed to practice medicine in this State, at a place designated by the 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 such 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 recovered so that bis earning power at any kind of work is restored, the fact shall be reported by the employer and said physician to . the judge of ~he District Court 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 certified to the State Auditor and State Treasurer and shall be authority and direction ~o said officers to discontinue compensation payments. If the workman m such case refuse to submit to such examination or obstructs the Sec. 34. This Act shall take effect and be in force from and after the 1st day of April, 1915. Approved February 27, 1915. I -----J � 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 Varied information regarding compensation Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1925 Subject The topic of the resource Worker's Compensation Description An account of the resource Large stack of paper wrapped in pink ribbon. Contains memos and letters within the company, as well as legislation, statistics, and policies from multiple states. 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, H.J. Harrington, R.S. Brooks Identifier An unambiguous reference to the resource within a given context 1-0204 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/21f21d7e1f553406ac10dcb5cf21e746.pdf d55d7e0cf41937ed2b25a68b9b5181e9 PDF Text Text - -- 0~~ :1.t:1:uc ·tik ir 1 : ~ ~1h Ol'0 - ~ " _ ,,r- - -•- - io no ov.:1. C:0.1 co l.!' t u">c2· cu l c,oio; Un..; ·~i Ac.·~ t4 i u c o n- '. :L.i.l Ori •tin:i \ Si~ned: GEO RGE B, PRYDE _) ,.;;· f (' I I [ i �__ - ---:-·-;-~--, -:-\ i . '·' ..., ~ \ \ t _ 2 193'\ .. r i"' ]!ir'o Go ' • . . GLOm l1..a., November 23, 1931 o \1· l \ _.. Bo Pryde: I am enclosing orie;inal and duplicate of report made by Dro Nilsson. on Ang e>lo Grelli examined in Dro Nilsson's office, Omaha.9 on November 11-tho In conversation v1ith Dr o Nilsson.? h e advi ses me that in his opinion ii f,Ir o Grelli is not a mal:i.ng erer and without o.oubt, the acc:i,dent he expez•ienc ed aggravated h is trouble o It is my suggestion t hat Mr o Harrington con.fer with Mro Taliaferro, and arrange for set tlement of this case on some equitable basis o I .J �Omaha - November 17, 1931 ,. .. --- Mr. Eugene McAuliffe, ,< -i-::~~·~-- y• Mr. Angelo Grel~i. age 33, Coal Miner. Rock Springs. Wyoming, in service 1 year. was examined at my office November 11, 1931. He gave me the following history: He had an operation for appendicitis two years ago in Italy. His present complaint is continuous pain in back except when quiet. He alleges tha-t this pain is due to an accident . that he received on May 4 9 1931, while working as timberman in Rock Springs Coal Mine Noo8o He was struck ·on the shoulder by a rock from the roof. He was taken to The Wyoming General Hospital where he was treated by Dr. Arbograst for one month. Examination of chest and spine by x-ray showed the following: "Chest: Some enlargement of peri bronchial glands~ Some infiltration toward the bases more marked right side with some extending toward the apices. Apices clear. No. T.B. "Entire Spine: Cervical spinG negative. Dorsal spine lies diagonally from above downward to the left with slight curvature ·to , the right in the upper dorsal, and to the left in the middle dorsal and to the right again in the lower dorsal. Lumbar spine shows a marked curvature to the left with deformity of all the bodies. No x-ray evidence of tuberculous destruction of the vertebral bodies. Slight lipping of the lower dorsal and all the lumbar vertebra." His urinalysis was as follows: "Clear, amber, Sp. Gv. 1·) 19, aoid, no albumen, no sugar. Microscopical negative." , Examination of his blood was as follows: - ___ _, --.....;._ �"Reds 4,560 00() Whites 6,90() Hemoglobin 90% Polymorphonuclear neutrophilic 62% " eosinophilic 1% " basophilic 0% Mononuclears Large 4% Lymphocytes 33% 9 Conclusions: Mr. Angelo Grelli is suffering from a Rotatory Lateral Curvature of the spine together with an Arthritis of the Lower Dorsal and all the Lumbar Vertebraeo There was no evidence of Tuberculosis of lungs or spine. In my opinion, it is possible that an injury to his back has probably aggravated an old arthritis of his spine which predated his injury. ~JohnR. Nilsson. · @~ ~ �--- ~ I Form2191 I ·1 ==========;====r===U=N =;::=l=O=N==P=A=C=IF=Ic==S=Y=S=T=E=M=========~a=-3~;=:;=00=0=M= ,I TE IL:;-~f;, _LGRAM r ·_s_YM_PB_XO"-L-'-t---'x'-'------l----C_L_A_S_S_O_F_S_E_RV_IC_E_R_E_Q.:_U_I_R_E_D_ _ _-i Preferred Immediate delivery Time Filed _ _ _ _ _ _ M l gr ai j Dx Day Delivery dur ·ng day Nx Night Delivery by next morning Indicate by X in proper I ine the class of service required . Do not speeify preferred service if other service will answer the purpose . Oma.ha NF Nov l;d.,1 93 GB P Rock Spgs Gxeell i leaving on 29 today for Rock Springs R-186 RW'P ••.• 91 5 AM II �Form 2191 c.s . UNION PACIFIC SYSTEM TEL<rsGRAM Time Filed SYMBOL M X CLASS OF SERVICE REQUIRED Px Preferred Immediate delivery Dx Day Delivery during day Nx Night Delivery by next morning 8·30·5000M Indicate by X in proper line the class of service required. Do not specify preferred service if other service will answer the purpose .. Rock Springs - November 9, 1931 Eugene hlc Aul if f e Omaha Angelo Grelli leo.viri.g here tonight 011 Tt'renty reporting your office ----- - (;ednesday morning i~ine o'clock. 'i'his is the man you suggested we send to Omaha for examinntion by Dr. Hilsson. George B. Pryde. B-54. �l t l l Ori~lnt!.l SIP,ned.: GEORGE B. PRYO': V I I / / �I I @CP ~ 7' .,..;,: _- - -~ °Z? �~ -- ~- .. : - ~• 3 ;:., ::_, ~'--..:'. ·.: :~~/~: --::~. ~ ~-1~ \.; r .l ~~--~~u t ,r-·2 :;~~~(l:~ 7' t ••!:~.t S(; ;=- ,:·:.~ r~!) Bflt.tint,l s ignod ! GEORGE B. PRYDE - - - --------- �SUBJECT: FORM 2924 • /77 "'r ,. - ~ 1 UNION PACIFIC RAILROAD COMPANY HOSPITAL DEPARTMENT 0 ,-,.,,., ,. - JOHN R. NILSSON, I ' ~ ;:.:_a:.., ' l t.0 ,e r 1 ,, 19 11 1 UNION PACIFIC SYSTEM u·.. • ,·1~,\l t ~,~'tit,,,.~, - -----.~1,1,._._ ,I ----- 1416 DODGE STREET OMAHA, NEBRASKA CHIEF SURGEON 3eptember 29, 1931 Mr. G. B. Pryde, Vice President and Gene r al l.'l a na ger , The Union Paci f ic Coal Company , Rock Springs, Wyomingo Dear Sir: Mr. E. McAuli ff e handed me a series of x-ray plates ta.ken of Mr. Angelo Grelli desiring an opinion as --~ to whether or not subject was tuoercular. Before giving an opinion I would like to see stereoscopic lateral of spine as well as stereoscopic of chest. Yours tr.u ly, ~ @ ~. t7JoiinR. lUlsson. l I STAHDAJW fM.O-S,000 �Rock Springs, Wyoraingo October 9th,193lo Her~mi th X-ray plRtes requested by Dro Nilsson i n his lett8r of Sept13;11ber 29th, we had consid~rable difficulty in getting good plates but think that he can SGlect some from this lot that will a.newer h is purp oseo Dro Nilsson's lettP.r returned �'. \ V �,--- ;:{If! :: r1:- ~u,. t'_,_. LJ li"il \ , Omaha - Sept. 22~ 1·31 • . SEP?, .: 1931 GENER/\L Ml\ JAG ER Mr o G. B. Pr-yde : Referring to your letter of September 14th regarding the x-ra:y plates taken for ~elo ~rTel~_;; -·=- . I have passed these plates to Dro Nilsson with the request that he make a study of sameo �, ,·) r :~ool, Spr-:1.l'JGC ... Go,t ubo>.' M -, 1?31 \ �Rock Springs, Wyoming. September 14th, 1931. 11r, George B. Pryde: Her0,·1ith tho sorie0 of x ... Rey plates of which I spo~e to ~r . i'lcJ\uliffo r;L c.1:1 ho ,Kw here, m1d ,1ould 15.ke very r:mch to ha.ve JJr, Niloson 's opinion aa to ·che possibility of the subject being tubercular. The follotlii1g is Per3onnl Record of th e norkman uho io the subject of those plates: ~:sne, }\n::;elo Grclli; !,ix~ionoJ.ity, It nlian; Date of Birth, August 22nd,. 1698; t!arried - 1 child; Entered the employ of this company n.t Cumberland Pines on November 1s t, 1922; tranaferred to Tiock Spriri.3s 1.iines July 28-~h, 1930; Occupatiol'l, Timbennan. History of previouo injury tih:lle in the employ of this company, .None; History of serious illneso ;1hilo in the employ of this company, Hone~ 0 Thi!J 1.::orkmn.n ,1ns inju red in nook $pri11Jgs No. fJ Hine on the 14th day of ?!:uy 1931, in the follouinc; mun;.1er; t:as 00.rTIJinG timbor up n shovel plo.ce Y1hcn a piece of rock fell from between cross bei.rs and struck him on the ohoulders Ul'l d back. The \7orkman claims that he \70.6 in a olightly otooped position ,;;hen the rock struck him, After bein.:; injured tiOrkman \·,-as romoved to the i°iyomil'lg General Hospitol for treatment and the u·~tending surgeon, Dr. !!?'1Joeo.st. ordered "extension e.nd rest". rlorkrnan complained of e. steady pain in the back, nnd inability to stand erect ,iithout inoroaso of pain and much i'o.ti3ue. A body cast '>ms upplied and ,mile ,•10rkma11 y,:o.a tJearing this cast he e;,poriencecl soco relief from pain hut tired very en.eily. mien this cast \'/Us removed trorkman claimed thnt there Wile no improvoraent in his condition. A new cnet ,·mo then apPliod but the wrkman nou claims that his condition is ,1orse than at r.lDY �time 0ince th0 injury nnd tha.t -Hie pnin seems to be constant and corit inut;i lly inc rea.ei11[:; in t h e :region of th o fourth ru1d fift h · lumbar vort0bro.e. ICclm o.nd Hinto n -~ coto by Hook Springs Bio-Chemical Luborn:tory, I.Jegative, Von Pirquet toot by H. J . .!u'bo gnst, ·r . D., Positive. - ---·- - . - CD ck Gpr i11gsp � 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 Communications discussing accident involving Angelo Grelli Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1931 Subject The topic of the resource Accident, Worker's Compensation Description An account of the resource Stack of thin paper attached with a metal binding. Letters regarding a worker accident and compensation claim. 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, Eugene McAuliffe, Dr. Nillsson, H.J. Harrington Identifier An unambiguous reference to the resource within a given context 1-0203 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/52981a0cc578a23277ada3debfff2421.pdf 8a96c9d73ac0c587f4bddb35c89fceaa PDF Text Text r ( l/!~1//. 1- / :/~ .-7;_,-.,1 ,;r~c u-4.,.,£(_,, 1 ......,. .......=-~i==~~ ~ = = -.,• · I I i oo muc!J urn:oco::rneli:'y t :ccwoL i nJ by comrc.:,,- offico:t'c.i, ; I ,/ I I / r G i:· e;fu.:Jctl to nppro- �FOit..'\I 2103 , THE UNRON IPACllFRC COAL ,,, OFFICE OF Attorney Rock Spring s, Wyoming. December 26th, 1931. IN REPLY PLEASE REFER TO NO. Mr. George B. Pryde city Dear Sir, I inclose you a letter t h at I have written lvlr. w. A. Muir. This may seem a small t hing , but the reason taxe s are so high is because we have not watch ed s mall t hi ng s, whi ch through the years have developed into large t h ing s. The conting ent exp enses of County orf icers and St a te Ori icers have soared since 1912. We are paying monthly salar i es to Consta ble s, who have never done one lick of work in consia er a tion of th eir s al ari es. The Coroner's office is a needless expense, and t h e work couj_d be a s TTell and better performed by J~stices of t he Peac e . If the custom should be t hat County and Prosecuting Attorneys can be pai d. out of public i"unds, i'or making inve stigations, in compensation cases, they woulQ be taking t heir s easonable vacations f rom t he Atlanti c to t h e Pa ci f ic, inspir ed e§=:::::;:::s,e, in the hope to establish meritorious claims tor- compensation, Hth e curtailment of public expens e s sh ould. not be consia eredt1 • But little consideration is now exercised because the expens es oi· investigations are saddled onto the employer, and what public oi'i'icer cares as long as a coal company or an oil company is chargeable with the expenses? In a recent case, the County and Prosecuting Attorney of this county brought an osteopath to Green Riv er, and he was allowed expert witness fees oi· $10.00 a day, ana. his mileage. This was done while I was away in Denver, but it seems to make no dii"f erence to . public oi'i"icials what the expenses are as long as they are chargeable to private enterprise. The dii'ficulty is not 1·undamentally that public officers do _not care. I am not charging that. But, the public o1Ticer is generally nothing more than a man· in the street, and he cioes not recognize or know t.he awful struggle that the business man has to make in order to meet his payroll, and to keep the wheels of industry turning. 'l'ne man in the street, who is out 01· a job, sympathizes with himself,. but put him to v,ork tomorrow, he would not speed up his own motions, or his own activity a hair's breadth because in so doing, he could help his employer. 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PRYDE �Uovemb0r 14:th, 1931 .. I.Jr.. William Redshav,, Superintendent Megeath Coal Company Rock Springs, Vlyomi~ig Dear Sir, The above is a case that needs solilu e.xplw.1.atio11,o anu I think it might be well that· our Omaha oi'ficials should be made f amiliar with the facts. '!he ,'. Ol'kman v,2.s unu.oubi:;-e Uy_ ::,uf':fering from lumbago and arthritis, which caused pa1.n in his back. Ile Vient to Doctor Arbogast on -the 4th of F~bruary, 19~.;1 i'o1• treatruent., but said nothing to Doctor Arbogast about being injured in the llline. On the 15th or 16th of Feb:euary, Arbogast discharged him a s convalesce:nt. This was done at the 1"'equ0st of the workman, thG ·;,orl~,a.u claiming tho.t he desired to go to t'Joi-1-i: in an automobile repair shop . The portion of the mine shere Jche workman was employed was sllut dow.ci oz., the Gth of Ft';bl'Uary, 1931., and the tmrkman informed that there was no further viork 1n the mine for him at present. • Still suffering from arthritis, the y-;or1crnan went to an ostdopath (E. :a. Sturges), who cla:.i.m~ci an injury· to his hip below the point that Doctor Al•bogast found affected vrlth lumbago. The osteopath appears to hu.ve burnE:Jd hilil severely v,i th an electric appliance, and to have gotten from him,. •as fees, .ull of his money. It seems that he then went to the Veterans' Hospital at Denver (fitzsimons), huving been s0nt there by the American Legion, he bei11g a11 ex-soldier , Upon his 'd ischar·ge from Fi tzoimons, he became a patient of Doctors Lauze1~ and Sanders oi' Rock Springs. I do not no\'l recall i',heth\C,1· Doctor LauzBr hatl seen him before h~ ,wnt to F'i tzsimons Hospital, or not, but it is iilll!laterial. Doctor Lauzer :reported that he had his back .fractured at or about th8 twe_lfth dorstl verteb:r:3, and took i:;everaJ. X-ray pictures of the wol"kman. The osteopath, Sturges, claimed he uad some injury to his thigh, or his spine, below the place of fracture, as reported by Doctor Lauzar. The result VIas that Doctor Arbogast had X-ray nict.u:res tru~en at the Uyoming General Hospital at Rock Sprir-4gs, and coulu discover no injury or fracture whatsoever. �During this time., t~1e 1;orkman had talked to one Dan Pallie., uho undertakes to make investigations for the mine workers, and to advise them in their compensation claims, mid Pallie told the workman that he had a crac~ed bone in his back,9 which it appears caused the ir10rkman to consult Doctor Lauzero The dispute b0tv1e1;m Doctor .Arbogast,9 who could find no injury, and the os-teop~th., \,ho found a hip brokan., and Docto:r Lauzer., who found n spine fr~otu r e, and some chips of spine bones ·flonting e..round in the workman's nnatoray, created a contro~rersy, tjhich caused Mr<? W. A. Muir, the -County ~.nd Prosecuting .Att orney, without notice, or consult~tion YJi th tha company, or Vii th tho writ o:r, to bri~ a sul t f m.~ the workman in -the District Court, a:..u. to have a partial hearing when the writer v1~s out of the State. At that hearing held on October 15th., 1931," Doctor Lauzer stateo. that th e :i.ujury to the workman t'Ya s equivalent to one half of permanont totcl disability, r.:hich r;ould involve some (~2500. 00 in an ffVJF.:1?d. In or•dt:1· i.,o :S."~co:ncilE: this dispute between the doctors, I paid the expen$eS _of the uorkmnn going to Salt Leke City, where he was excmined b y five doctors, ~d ne~ X-ray pictures teken, all of which shor1ed :no f!'a,cture, no injury, c'.nci. the c:octor s who mrnmined him all J/1:I report that there ~as, and is no injury, as claimed by Doctor Lauzer, . 1 I i and the osteopath, Stu:rges. i i1.nother he,; tr.i.h g ·;:;J,':").S had before Judge Tidba ll on the 9tp. of November, ana it ~~pGa~s from the attitude of the County Attorney, and his ad.visers, v:ihich .include Doctor L2.uzer, th2.t ~- dep~rtur-e is to be made froti their former position, and that now they are going to claim that the r-.rthritis r:cs nfired u;:n and broueht ou in its sflvei--ity, by the v.-orlcrna.n straining his back on the 3rd of February, 1931, i:1hile rolling D rock out of' the \"!u.Y in the :."'oom in \1hich he was working in the mine. There aro many reason why this case must bJcontested to its very limit; among the chief' res.sons is thct s. p1·ecedent lt.1ill be set if the employer lays down., introduci11g into our com;::-~nsation system z-esponsibili ty on our pert for "diseczes", ,,;hich may be ag[;l'avated or ."fired up", as the doctors call it, beccuse of some pretended mu$cula:r- strain. You v1ill appreciate how far this riou1d go if the 1.·,orlcmrm, in dull times, such a~ rre are now having, should be alloF.ed to claim that every ill that the body has is the result of some :ln~ury. This also \1ould make a !air field for osteopaths, and chiropractors,. and other GUack peddlers, to oper~te in. I received this morning ~n ordar from the Judge of the District Court, requiring tbe surgeons of tho Fitzsimons Hos,itnl to stcte in a deposi t1on whe.t they found to be the matter with the ·workman, atter which I will talce the depositions of the five doctors 1n· Salt Lake c:tty, goin~ both to Denver and to Salt Lal-:::e City for this purpose. �It is true the ~itness fees for these doctors, and the expenses of tc;Jdng these dcpositi.on s , together vdth expenses already paid by me, ~111 ~mount to several hundred dollars, but it · is one of these cases that must ·be cl0r-..n0d up, or un.les8 it is cleaned up, will grow into a real caucer, for vihich the:-ce will probably be no healing. That this case should be defended to its full conclusion, is to themt€rest of every employ0r of labor in the State of Tiyoming. The 'ti1·iter f0cls t11~t t he si tuation should be mD:cle kr.ow11 to our Oma...'1.a o_f ficitil. s as tho fa.ctn :.ctnally cxi s·t. Your~ t.ruly, � 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 Letters regarding matters of law and compensation Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1932 Subject The topic of the resource Taxes, Law, Injury, Compensation Description An account of the resource Small stack of thin paper attached with a metal binding. Letters discussing recent legislation, taxes, injury, compensation, legal matters, etc. Most of the 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, George B. Pryde, Eugene McAuliffe, Identifier An unambiguous reference to the resource within a given context 1-0202 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/4d1332025239e531580669a7769858a0.pdf c9a53282ffc2446bd98426db5dd07ccd PDF Text Text �THE UNION PA CIF I C C OAL CO. TE N T H ANNUA_L REU N ION-A_~ p.'<'- sociatfon 'ffiit ADMIT MR . o-<- THJ~ARO TO 8 £ B ANQUET , AL S O S HOWN AT THE DOOR FOR ADMISSION TO FOR THE EVENING ENTERTAINMENT AT THE OLD TIMERS ' BUILDING JUNE tG , 1934 �• S. F. No. 37 Introduced by Committee No. 17 A IEilILIL FOR AN AC'l' to amend ancl r e-enact Section 124-10:!, \Yyoming Revised Stat utes, 1931, and Section 124-106-7, Section 1~4-113, Section 12-1--117, Section 124-120 and Section 12412-1, \Vyomin g Ti eY:ised , tatutcs, 1931, a · amended and r e-enacted by Chapter 129, 'e.: ·iou Laws 0£ "\Yyomi11~·, Jfl33, all relating 1.o the c1el-iuition of ext ra-hazardous occupmion , mid to ompeusation fo r injm'ies or dcaih resul ting from injuries to workm,'n in accillcuJ-s oc ·urrin~ in e.·t ra-hazardous employments, and providing fo r jud i ' ial investigations of such i njur ies, and t he making of compensation awards to ·ue 1 workmen , and their dependent fa milies, providing fo r payments by employers into the industrial accident fun d, and requiting non-resident employers in extrahazardous occupat ions to give security for f aithful compliance with the compensatiop law, and making the failure so to do a misdemeanor, and prescribing its penalty. J an. 21, 1935. I ntroduced, Read first time, Referred to Committee No. 17, Delivered to Printing Committee No. 19. Be It Enacted by the Legislature of tke State of Wyoming: ( 1 2 Section 1. That Section 124-104, Wyoming Revised Statutes, 1931, be amended and re-enacted t o read as follows : S. F. No. 37-Page 1 �1 Section 124-104. The extra-hazardous occupations to which this chapter is applicable 2 are as follows: 3 is used; foundries, blast furnaces, mines, oil wells, oil refineries, gasoline filling stations 4 and bulk oil stations, gas works, natural gas plants, water works, reduction works, 5 breweries, distilleries, elevators, dredges, excavations, transfer companies, general team- 6 ing, gcncrul trucking, ditch rider of irrigation districts, smelters, powder works, laun- 7 dries opera.ted by power, kitchen employees ancl waiter ·, whose employment requires them 8 to go to a11d f i-oin kitchens, of lwtels, restaw·anfa, and bakeries ,:~ 9 gineering works, logging, lumber yards, lumLerin'' and saw mill operations, 10 street and in tcrnrb rm railroads not eng·agctl i:1 inter late commerce, buildings being con- 11 structed, repaired, moYed or <lemoli. heel, p· inting: operations, telephone, telegraph, elec- 12 tric light. or power plaut ~ or line-, steam heatin<>· or power plants, railroads not engaged 13 in interstate commer ce, bridge building the occup[~tions of city or town firemen and city 14 or town policemen, and all employments wherein a process r equiring the use of any clan- 15 gerous explosives or inflammable materials is carried on, which is conducted for the pm:- 16 pose of business t rade or gain, each of w·hich employment is hereby determined to be 17 extra-hazardous and in which, from the nat ure, conditions or means of prosecution of 18 19 20 21 22 Factories, garages, mills, printing plants and workshops where machinery ,;~ \ l quarries, en- t1ie work therein required risks to the life and limb of the workmen engaged therein are inherent, neeessary 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. 23 Section 2. That Section 124-106-7, Wyoming Revised Statutes, 1931, as amended 24 and re-enacted by Chapter 129 of Session Laws of Wyoming, 1933, be amended and re- 25 enacted to read as follows: • S. F. No. 37-Page 2 �I 1 Section 124-106-7. In this chapter unless the context otherwise requires: 2 (a) 3 iug, altering, adapting, ornamenting, finishing, repairing or renovating, any article for 4 the purpose of t rade ot· gain, or the business carried on therein, including expressly any 5 brick ya rd , meat packing house, foundry, smelter, ore r eduction works, lime-burning 6 plant, Ht ucco p lant, steam heat ing >lnnt, el -~d ri , li?"hii ng or power plant, including all 7 works :in or directly co1rn ected with the con. tnu:tio11, installation, operation, alteratiol)., 8 removal or l'l' p uir ol' wires, cables, s,ritchboards oi· appai·atus used for the transmission 9 of c_lccti'ic curr ent, and wat er po"· r plant, iu clm1ing t ower and standpipes, power plant, 10 lJlast forn ates, pap 'l' mill, printing plant, flonr mill, glass factory, cement plant, artificial 11 gu. plant, ma chine oe r <.' pair shop, oil plant, oil refi11cry plant and chemical mauufactur- 12 in"' plant; 13 (b ) 14 1::; " "\'\Tork shop" m •a ns any yard, pla11t, premises, room or place where power driYen machinery is erupl ,rcu and manual labor is exercised by way of trade or gain, or v otlter\\'ise incidental to tlte process of making, altering, repairing, printing or orna- 16 mcnting, finishing or a<lupting for sale or otherwise any article or part of article, over 17 \\'hiclt premises, room or place the employer of the person working therein has the right 18 of access or control; 19 • "Factories " meau any premises wh er ein power is used in manufacturing, mak- ( c) "l\Iill" means any plant, premises, room or place where machinery is used, 20 an) process of machinery, changing, altering or r epairing any article or commodity for 21 sale or otherwise together with the yards an<l premises which are a part of the plant in- 22 eluding elevators, warehouses an<l bunkers, saw mill, sash factory or other work in the 23 lumber industry; 24 25 (d) "l\Iine" means any opening in the earth for the purpose of extracting iron, oil, coal, or other minerals and all underground workings, slopes, drifts, shafts, gal- S. F. No. 37-Page 3 �, 1 leries, wells and tunnels, and other ways, cu ts and openings connected therewith, includ- 2 ing those in the com·se of being opened, sunk or driven, and includes all the appurte- 3 nant structures or machinery at or about th e openings of the mine, and any adjoining 4 adja cent work pla ce wh ere the material from a miu e is prepared for ·use or shipment; 5 (e) "Quarry" means any place, not a mi ne, wher e stone, slat e, clay, sand, gravel 6 or othet· solid materi al is dug or other wise r emoved from the earth for the purpose 7 of t rade or bargain or of the employer 's t r aue or business; 8 9 10 (f ) "Building ,rnr k " mcau::l any work in t he erectioll, construction, ext ension, deeo ratiou, alteration, r>pair or demolitiou of :my building or structural appurtenances; (g ) ' E ngineeri11g work " menus any ,rork in the construction, alteration, exten- 11 sion, r epair or demo litioH of a raihn1 • (as hcreiub cfor c Ll::fined) bridge, j etty, dike, dam, 12 r escrvoil', undcr grouud conduit, sewer, oil or ga well, oi l tan k, gas tank, wat er tank or 13 tower, or auy caisson work in ar t ificia lly c mprcssecl air, any work in dredging, work 14 on log or lumb er r afts or boom 15 la ying, r epa irin g or rcmcYiug u.ndc.: rground pip es and connections; the erection, instal- 16 ling, r epairing, or r emoving of boilers, f urnaces, engines and power machinery (includ- 17 ing belting and otlter conn ections) ; and any work in grading or excavating where shor- 18 iug is necessary or power machinery or blasti11g power, dynamite or other high ex- 19 plosive is in use (excluding mining und quarrying); 0 20 21 (h) 0 0 0 pile dri,;-iug, moving buildings, moving safes, or in 0 e O e O O O O e O e 0 "Employer" includes any municipality, county, person or body of persons, 22 corporate or incorporate, and the legal representatives of a deceased employer or the re- 23 ceiver or a trustee of a person, corporation, association or partnership. 24 25 (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 S. F. No. 37-Page 4 �1 whose employment is purely casual and not for the purpose of the employer's trade or 2 business, or those engaged in clerical work, and not subject to the hazards of the busi- 3 ness, or one holding au of-ficial position. The term "workman" shall include "employe" 4 and the term "employe" shall include "workman" and each shall include the singular 5 and plural of both sexes. Any refe rence to a worlonan who has been injured shall, 6 where the wo r kman is dead, in d ud' a r efen•n • to his "dependent family" as herein- 7 after define d, or to his legal r epresentative, or wher e t he workman is a minor or incom- 8 petent to hi s guar l.i a n or n ext friend. 9 (j ) "Dependent families" as used in this chapter means such members of the work- 10 man 's fm:n.i ly as were wholly or in par t actual ly dependent upon the workman for sup- 11 port at the time of the injury; if it be showu that t he surufoing spouse wilfully deserted 12 dec eased ,,, 13 spow; will not be r egarded as a dependent in any degree. 14 entitied to t he benefits of this chapter 15 to the deceased 16 ( k) ,:, 1' ·-· w·ithout fault upon the pal·t of the deceased 0 i:, ~ •• ,:~ No surviving spouse shall be unl ess he or she shall have been married at the time of the injury. "Child or children" means the immediate offspring or legally adopted child or 17 children of the injured workman, boys under sixteen {16) years of age and girls under 18 eighteen ( 18) years of age (and over said age, if physically or mentally incapacitated 19 from earning) and shall also include legitimate children of the injured workman. born 20 ufter his death or injury. 21 part shall be determined in accordance with the fact, as the case may be, at the time of 22 the injury; the foregoing definition of "dependent families" shall not include any of the 23 persons named, who are aliens residing beyond the jurisdiction of the United States of 24 .America, except a s~viving widow or boys under sixteen (16) years of age or girls 25 under eighteen (18) years of age, or parent or parents, and as to such non-resident aliens In other cases, questions of family dependency in whole or in S. F. No. 87-Page 5 �1 the rate of compensation shall not exceed thirty-three and one-third per cent (33½ % ) of the 2 rates of compensation herein provided. 3 (1) The word-S "injm•ies" sustained in extra-hazardous ernployrnent," as used in 4 tMs chapter, shall include death resnlting f1·01n injury, wnd inj1tries to employes, as a 5 rernlt of thefr employment ancl while at work 1:n or about the premises oec1tpied, 1ised 01· 6 confrollcd by the eniploycr, a:nd injnrfos occ nrring elsewhere while at worlc in places where 7 their e1nployer's busin ess requires th eir prose,nce and s1tbjects theni to extra-hazardous 8 duties incident to the bi1siness, but shall not include inju ries of the employe occurring 9 while on his way to as 1111 w the duties of his elllploymcn/ or after leaving such d-nties, 10 the pro."Cimate caitse of wh ich -injury 1·s not the cmploya's negligence; 11 (m) T he icords "injury c.nd perso nal i nj1!r!J" 'hall not incl11de inj1try caused by the 12 w·ilful act of a third person directed againstan ;np!oyo for reason s p ersonal to such em- l3 ployc, or beca use of his employment; nor a disease, except as it shall directly 'result from 14 an fojury i1ic11rrcd in the employment; 15 16 17 18 19 (n) "Invalid" means on e who is physically or mentally incapacitated from ea,r ning wages. Section 3. That Section 124-113, Wyoming Revised Statutes, 1931, as amended and re-enacted by Cliapter 129 of Session Laws of Wyoming, 1933, be amended and re-enacted to read as follows : 20 Section 124-113. Whenever an injury or death resulting from injury is reported to 21 the clerk of the district court of the county wherein such injury occurred, in accord- 22 ance with the· preceding section, it shall be the duty of said clerk to at once notify the 23 judge of said court, that such injury report has been filed in his office. It shall there- 24 upon be the duty of said judge to investigate the nature of sa!d injury and claim for com- 25 pensation at the earliest possible date, in such a manner as he may deem necessary to S. F. No. 37-Page 6 �1 . ascertain whether the claim for compensation 01· the amount thereof, is disputed by the 2 employer, and if there. be no dispute, as to the right of the injured workman to receive 3 compensation, or as to the amount thereof , and the claim appear to be free from col- 4 lusion, saicl j udge shall thereupon make a n or der directing payment for such compen- 5 satiou fr om t he state industrial accident fund in accordance with the facts by him as- 6 ccrtaiu cd a nd t he terms of t lt is clia.plc1·. 7 right of aid injured employe or his dependent fami ly to receive compensation, or as 8 to the amo un t thereof, t hen it shall be t he duty of said judge to set the case down for 9 a hearing at th e earliest po 'Sible elat e and t o direct notice of such hearing to be issued 10 uy th e cler k of said court for s rvicc upon 1 l1e employer and the employe at least seven 11 (7) <lays befor e the elate fix:ed fo r sa icl hearing, ·which saicl notice shall be served by t he 12 sheriff of aid eouu ty Yrithout expense to eithet· p:uty, except t hat his actual traveling 13 cxpen es :;ha ll uc all owed aud taxed, as co ·ts . The hearing shall be conducted upon the 14 statement an d rep ort fi le d by t l.t e employer , and such fo rmal claims as may be presented · 15 and fil ed with th e clerk of the district cour t by or on behalf of the injured workman. 16 If the employer, in his report of the injury, alleges that the injury was due solely to 17 the culpable uegligence of the injured employc, or that the claim for compensation is one 18 not coming within the provisions of this chapter, then a jury may be demanded by eith- 19 er par ty and the cause shall be tried, as a court proceeding. If a jury is demanded, it 20 may be selected from names drawn from the five mile limit jury box, as in civil eases, 21 at any time in term time or vacation unless a regular jury panel be in attendance at 22 the court on the date any such hearing may occur. The taking of evidence shall be 23 o o 24 'l'he official court reporter of the district court shall attend the hearing and make a 25 stenographic report of the evidence without cost to either party. The court or judge "' c •., If there be a dispute, as to the summary, giving a full opportunity to all parties to develop the facts fully. S. F. No. 37-Page 7 �1 shall direct the county and prosecuting attorney, or other competent attorney appoint- 2 ed by the coUl't to conduct the examination of witnesses on behalf of the injured work- 3 man, and it shall be the duty of said attorney to appear and perform such service with- 4 out expense to either party. 'l'he employe r may appea r in person or by counsel and 5 introduce evidence at the sa me hea rin g. No costs shall be taxed by t he clerk except 6 fees for witucsse:;, who ma.r be subpoenaed aucl "ho shall be allowed the same fees, 7 for attendance aud mileage, as is fixed by law in cidl actions, and jury costs shall also 8 be taxed. All su,ch costs shall be paid from the accident fund, if the verdict and judg- 9 ment be iu favor of the employer; but il agaim;t the 10 costs. 11 sua nt to the Yerdict of the jury, if a jm7 uc called, antl if 110 jury be called, the court 12 or judge shall r ender a decision upon illc foet ·· , nd l:n ' o the case pursuant to the pro- 13 vi:;ious of this chapter, aud make an order allow·ing ot· clisallowing compensation, as the 14 law and the eYidence may warrant. In any proceed ing before a court or judge, as afore- 15 said, th e court or judge hall have authority to appoint a dnly qualified impartial physi- 16 cian to ex·amine the injured crnploye and gin testimony. The fee for such service shall 17 I.,e five do11al's ($5.00), unless otllerwise ordered by the co urt, with mileage allowance, as . 18 is allowed to other witnesses, which shall he taxct1 as costs, and paid a.s other witne:,;s 19 feeli are paid. The employer or employc may, at hili own expense, also appoint a quali- 20 fled physician, who may attend and be present at auy such examination of an injured 21 employe and give testimony at such hearing or investigation. t' 0 At th rnployer then he shall pay the conclusion of tiie ll ea riug, the cour t shall enter an order pur- 22 Section 4. . That Section 124-1:1:7, Wyoming Revised Statutes, 1931, as amended and 23 re-enacted by Chapter 129 of Session Laws of Wyoming, 1933, be amended and re-enacted . 24 to read as follows: 25 Section 124-117. Every employer who shall engage in amy of the extra,.hazardous oc- S. F. No. 37-Page 8 �l c1ipati011.s defined in th'i;s act shall, at the time of commencing such employment pay to 2 the State Treasu1·e1·, fo1· c1·edit npon the acconnt of s1wh employer. in the inditstrial ac- 3 cidcnt fmid, wn initial snm of fifty dollars ($50.00). Every employer engaged in any of 4 the occupations herein defined as extra-hazardous, is hereby _required to pay into the state 5 treasury for the benefit of t.he industrial accident fund a sum of money 'equal to one and 6 one-half per cent. (11/:! % ) of the money eametl by each of his employes engaged in such 7 extra-hazardous employment during each enlendar month of such employment. Such paY,- 8 ment shall be so made on or before the 15th day of the month following the month for 9 which such payments are compu ted and paid. 10 monthly contributions as above provided unless his account, after making the herein- 11 after specifi~L1 deductions therefrom, shall equal full t wo per cent. (2%) of his annual 12 payroll computed by multiplying hi eurren t month's payroll of workmen engaged in ex- 13 tra-hnuu·dous employment by twelve and shall likewise be not less than three thousand dol- 14 lars ($3,000.00 ) ; provided, however, that any employer whose account is overdrawn shall 15 be required to pay monthly a sum of money (including the payments as above specified) 16 equal to four per cent. ( 4%) of the money earned by each of his employes engaged in such 17 extra-hazardous employment during each calendar month of such employment until such 18 overdraft shall be paid. Such employer shall not be compelled to contribute when his 19 20 21 22 Each employer shall continue to make 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 indus- 23 trial accident fund, every employer engaged in any of the occupations herein defined as 24 extra-hazardous shall make a payment to be known as a '' service and policing charge.'' 25 Such service and policing charge shall be paid by the employer into the state treasury for S. F. No. 87-Page 9 �1 the benefit of the industrial accident fund and shall not be credited to the balance of the 2 employer contributing. The amount of balance in the industrial accident fund to the 3 employer 's credit shall not relieve him of his duty and liability to pay the service and 4 policing charge; provided, however, that no employer who pays for any calendar month 5 four per cent. ( 4%) of the moneys earned by each of his employes engaged in such ex- 6 tra-hazardous employment during such cal endar month shall be compelled to pay a 7 service und policing charge for such month. 8 The ser vice and policing chm:ge shall be computed on the mont hly premium paid by 9 the individual employer into the state treasury for the benefit of t he industrial acci- 10 dent fund during each calendar month, or ou the pr emium which the employer w o u 1 cl 11 have been required to pay had 1 ot the amount of the employer's balance r elieved him 12 from the payment of a premium. 13 14 'l'he amount of t he service and policing charge shall be determined according to the followin g schedule : 15 Service and 16 Policing Charge 17 Where the monthly payment is- 18 Less than $ for month 10.00 ........................... •.......... ............................................$ 2.00 10.01 to 20.00 ·········................................................. 3.00 20.01 to 30.00 ··············............................................ 5.00 30.01 to 40.00 - - -........................................... . 7.50 40.01 to 50.00 .................................... :..................... 10.00 23 50.01 to 60.00 .......................................................... 15.00 24 60.01 to 70.00 .......................................................... 20.00 25 70.01 to 80.00 ..............................................................25.00 19 20 21 22 S. F. No. 37-Page 10 �.. ·:t .• 1 80.01 to 90.00 .......................................................... 30.00 2 90.01 . to 100.00 ······--······ ............................................ 35.00 3 100.01 to 150.00 ················--········································ 40.00 4 150.01 to 200.00 .......................................................... 45.00 5 200.01 t o 300.00 ·····················--······----················· .. ······ 50.00 6 300.01 to 400.00 ................................ .......................... 7 400.01 to 500.00 .............. ............................................ 75.00 . 8 500.01 to 750.00 .......................................................... 100.00 9 750.01 to 60.06 1,000.00 ................................................. ......... 125.00 10 1,000.01 to 1,500.00 .......................................................... 150.00 11 1,500.01 to 2,000.00 .......................................................... 175.00 12 2,000.01 to 3,000.00 .......................................................... 200.00 13 3,000.01 to 4,000.00 ........................................................... 225.00 14 4,000.01 to 5,000.00 .......................................................... 250.00 15 Over 5,000.01 .................................................................................... 300.00 16 Provided, however, in that the expense of the administration of this chapter and of 17 making the collections herein fixed, is greater as to non-resident employers engaged in 18 19 20 21 22 23 .extra-hazardous occupations, than such expense obtains to such employers bona fide domiciled within the state of Wyoming, the service and policing charge, upon the monthly premium paid by non-resident employers engaged in extra-hazardous occupations, shall be double the foregoing schedule, as the same applies to resident employers engaged in extra-hazardous occupations. "Non-resident" employers of extra-har.ardous occupations shall give bond or other 24 security in the sum of five hundred dollars ($500.00), to be approved by the state treas- 25 urer or his deputies, before starting the work. The contract of said bond or other se- S. F. No. 37-Page 11 �1 curity shall be conditioned that the said employer will faithfully perform all the du- 2 ties imposed by this act upon employers engaged in extra-hazardous occupations and 3 promptly pay into the state t reasury, at the time and in the manner set forth in Section 4 124-117 of the Revised Statutes of Wyoming, 1931, and all acts ,a mendatory or in aid 5 thereof, the sums of money required to be paid by employers in extra-hazardous occupa- 6 tio11s. And to this end, " 11on-rcsident" employers engaged in extra-hazardous occupa- 7 tions are hereby req11ired , before starting w ork, and from tim e t o time after such work 8 has been started, to r eport to t he state trcnsurcr th e naiut·c and pr og l'css of such work, 9 t.he location of t he ame and t he number of cmploy cs engaged m mid upon the work 10 and likely to be so engaged for the n ext thirty (3 0) days gi -ing such fn r lh cr and detai led 11 information as th e state treasurer may r caso11a bJ_, demand. The willf ul failure or neg- 12 ligence 011 the part of any " n on-re ideut" employer of extra-hazardous occupations to 13 give said security, t o make the r eports, ancl/ or to furnish t he information required by 14 this section, shall be a misdemeanor, and upon conviction, such employer shall be pun- 15 ished by a fine of not less than five hundred dollars ($500.00) or more than five thou~ 16 sand dollars ($5,000.00), recoverable with costs in any court of competent jurisdiction. 17 Provided, however, that "non-resident" employers of :e.xitra -ihazardous 'occupations 18 shall not be 1·equircd to give bond or other security for any payment or paymeilts re- 19 quired of them for the "service and policing charge" required by this section. And the 20 requirement of this section that "non-resident" employers of extra-hazardous occupa- 21 tions shall give bond or other security, shall not apply to '' service and policing charges'' 22 herein provided. 23 The term "non-resident" employers of extra-hazardous occupations, in this counec- 24 tion, shall be construed as an employer of labor engaged in extra-hazardous occupations, 25 who for the previous twelve months has not been a continuous contributor to the com- S. F. No. 37-Page 12 �I ~ ~ 1 pensation fund as in this chapter provided, and who has not been * bona fide 2 domiciled in, or a resident of the State of Wyoming continuously for the preceding 3 twelve ·months next prior to engaging in the business of an '' employer of labor in ,extra- 4 hazardous occ upat ion " . Wh en any such employer, shall contribute to said fund as re- 5 quired by thi s chapte r, fo r t welve consecutiv e months immediately prior to the com- 6 menccrncn t wjthin this state of the occnpati on, t he r eqni i·ement to pay double the serv- 7 ice and police charge shall cease. 8 For th e pUl"p ose of encouragin g ca re 011 the par t of th e employers and thus decre~s- 9 ing accidents t o employes, and to the eud t hat ea ch employer shall compensate all in- 10 juries to the workme n of such employer and no t those of oth er employers, the state 11 t reasurer shall keep a sepa rate account fo r each employer so contributing to said fund 12 and shall cli arge against t he accoun t of each employer all warrants paid ·from the in- 13 dustrial accident fund : 14 (a ) As awards for in juries to employes of such employer; 15 (b ) In payment of medical and surgical supplies and medical or hospital attend- 16 17 18 19 20 ance of an employe of such employer; (c) In payment for investigations of accidents of such employer, or in payment pf investigations of injuries to his employes; (d) In payment of witness fees and other costs in cases wherein an order of award is granted to the employe of such employer. 21 Section 5. That Section 124-120, Wyoming Revised Statutes, 1931, as amended and 22 re-enacted by Chapter 129 of Session Laws of Wyoming, 1933, be amended and re-en- 23 acted to read as follows: 24 Section 124-120. Each employe, who shall be injured in any of the extra-hazardous 25 employments as herein defined, or the dependent family of any such injured work- S. F. No. 37-Page 13 �, 1 man, who may die as the r esult of such injuries, except in case of injuries due solely 2 t o the culpable negligenc e of such injured employe, shall r eceive out of the industrial 3 accident fun d, compensat ion iu accordance with the following schedule, and such 4 r ight ancl payment shall be in lieu of and take the place of any and all r ights of action 5 against any employer contributing, as r equ il'ccl by tbis chapter, to the industrial ac- 6 cidcnt fun d in favo r of any person or persons b) reasou o.f auy such injuries or death. 7 (a) "Permanent partial disabili ty" mean the loss of either one foot, one leg, one 8 hand, one ar m, one ey e, or the ight of one ey e, 01te or more fing rs, one or more toes, and 9 dislocation wh er e the ligaments arc severed, or an.1· other in.j ury kno,rn t o surgery to be 10 permauent partia l disability. F or any perma nent partial disabi li ty hereinafter specifically 11 described, resulting; from an in jury, i he wodrnrn1t shall r eceive a lump sum as follows: 12 For the loss of a thumb ...................................................................... $337.50 13 F or the t he loss of a fi rst fing er.......................................................... 300.00 14 For the loss of a second finger ............................................................ 225.00 15 For the loss of a third finger.............................................................. 225.00 16 For the loss of a fourth finger .....................................· - - -········ 225.00 17 For t he loss of a palm (metacarpal bone )...................................... 900.00 18 Por the loss of a hand.......................................................................... 1500.00 19 For the loss of an arm at or below elbow.......................................... 1800.00 20 For the loss of an arm above elbow.................................................. 2000.00 21 For anky-losis ( total sticness of) or contracturcs ( due to scars or injuries) which 22 make the fingers more than useless, the same amounts apply to such finger or fingers 23 (not thumb) as given above. 24 25 'rhe loss of a third or distal phalange of the thumb shall be considered to be equal to the losi; of one-half of such thumb; the loss of the more than one-half such thumb S. F. No. 37-Page 14 �1 2 3 r-hall be considered to be equal to the loss or the whole thumb. The loss of a third or distal phalange or any finger shall be considered to be equal to the loss of two-thirds of such finger. 4 The loss of more than the middle and distal phalanges of any finger shall be consid- 5 ered to be equal to the lo s of t he whole fi nger; pr ovided, however, that in no case 6 shall the amount r eceived fo r more than on e fi ng er <'Xceed the amount 'i n this schedule 7 for tile loss of a hand. 8 For the l oss of a gr eat toe .................................................................. $200.00 9 F or the los • of one of t he to es other th an gr eat toe...... .............. 150.00 10 11 12 13 'I'h e loss of more t han t wo-thirds of any t oe shall be consider ed equal to the loss of th e ·whole t oe. 'l'he loss of les · than t wo.t hirds of any t oe shall be considered equal to the loss of onc•half of the toe. 14 For the loss of a foot .......................................................~.............. $1,200.00 15 For the loss of a leg below the knee ............................................ 1,500.00 16 For the loss of a leg above the knee ............................................ 1,800.00 17 For the loss of an eye or the sight thereof... ---··················· 1,800.00 18 For any other injury known to surgery to be permanent part i a 1 disability, the 19 ,rnrkman shall receive a sum in the amount proportional to the extent of such perma- 20 neut p artial disability based a.s near as may pe upon the foregoing schedule, but inev- 21 cry case of permanent partial disability the amount allowed for the injury shall be paid 22 in monthly installments at the rate of fifty dollars ($50.00) per month if the workman 23 be unmarried at the time of the injury, and at the rate of sixty dollars ($60.00) per 24 mouth if the workman has a wife with whom he is living • 25 injury; provided, however, that the court making such award shall retain jurisdiction * • at the time of the S. F. No. 37-Page 15 �1 of the same until said award shall have _be en fully paid, with power to modify or 2 change the condition -of the injured worlun an, and shall have power at any time dur- 3 ing said period, upon application and hearin g, with notice to the employer, and a show- 4 ing of the necessity therefor , to order all ot· any part of the unpaid balance of the award 5 to be paid to the injured workman in a lump sum. 6 (b ) "Perman ent total disability" means the loss of both legs or both arms, total 7 loss of eyesight, paralysis or other conditions permanently incapacitating the workman 8 from performing any , rnrk at any gainful occupation. 9 ous disability, 10 or any other pr evious perntauent disability, 11 a subsequent injury shall be <letermined by l0ductin<>· therefrom the percentage of the 12 previous disability, 13 permanent total disability re ·ults from t he injw·y t he workman shall receive the sum 14 of fou r thousan 1 dollars ($-! 000.00 ), but i..t1 every such case the amount allow ed for the 15 injury shall be paid in mon thly installments at the rate of :fifty dollars ($50.00) per 16 montll if the workman be unmarried at the time of t he injury, and at the rate of sixty 17 <lollars ($60.00 ) p er month if the workman has a wife with whom he is living 18 a t the time of the iIJjury; provided, however, t hat the court making such award shall 19 retain jurisdietion of the same until said a wards shall have been fully paid, with pow- 20 er to modify or change the amow1t of the award to conform to any change in the condi- 21 tion of the injured workman, and shall have power at any time during said period, upon 22 application and hearing, with notice to the employer, and a showing of the necessity 23 therefor, to order all or any part of the unpaid balance of the award to be paid to the 24 injured workman as a lump sum; provided, that if the workman shall die leaving an un- 25 paid balance of the award, then such unpaid balance shall be returned to the industrial ,:, ~ '~ S. F. No. 37-Page 16 l,Vh erc ther e has been _a· prcvi- a the los • of one eye, 01· the . ight thereof, one hand, one foot, () th e percentage of disability for as it existed at t he time of the subsequent injury. When () ,::, " �1 accident fund and be credited to the employer 's balance. If t he workman suffering 2 1,nch permanent total disability have a boy or boys under sixteen (16) years of age, or 3 g irl or girls m1der eighteen (18) years of a g-c, the guardian of such child or children ap-· 4 pointed as hereinafter provided, shall r ece irn fo r the use and benefit of said child or 5 children, a lump sum of one hundr ed and t we1tty doll ars ($120.00) per year for each 6 hoy und er sixteen (lG ) years nutil the tim e when ea.ch of said boys shall become sixc 7 teen ( JG) years of age, and a lump sum of one hundred and twenty dollars ($120.00 per 8 yea r for each gid under eighteen (18) years of age until the t ime when each of said 9 girls shall become eighteen (18) years of age; pr oYicled, t hat the aggregate 1 ump 10 snrn paid t.o said guardian shall m no case exceed four th ousa nd dollars ($4,000.00), · 11 and ,my and u11 ,nrnrds made on account of auy such child or children, shall be dis- 12 bursed under a pro per Nuarcli:m ·hip t o be created by t he court or judge making such 13 award. 14 (c) "'l'emp orary total disa bility" means an injury which, though it -may result · 15 or does r esult in a perma nent t otal or partia l d isa bility, temporarily incapacitates the i11- •. 16 jured person from performing any work at any gainful occupation for the time, but • 17 from which injury such person may recover by medical or surgical treatment and be ; 18 able to resume work. 19 of the injury, he shall receive the sum of fifty dollars ($50.00) per ·month, so long as 20 t he t otal disa bili ty shall cont in ue. If he have a wife with whom he is living 21 at the time of the injury, he shall receive sixty dollars ($60.00) per month, and if he 22 have a boy or boys under sixteen (16) years of age or girl or girls under eighteen (18) 23 years of age, 24 dollars ($7.50) per month, but the total monthly payments shall not exceed ninety dol- 25 lars ($90.00) per month. 0 0 111 such case, if the workman be unmarried at the time 0 0 or both he shall receive for each • 'J ;;, 0 0 * seven and one-half No compensation, except the expense of medical attention,.· S. F. No. 37-Page 17 �l shall be allowed for the first seven· (7) days of disability, unless the incapacity extends 2. beyond the period of twenty-one (21) clays, in which case the compensation shall run 3 from the tinie of the injury. As soon as r ecovery is so complete that the earning pow- 4 er of the workman at any kind of work is r estored, the payments shall cease, but in no 5 ·case shall the tota l" payments made in such cases exceed in the aggregate the lump sum 6 amount her ein specifi ed to be paid an injured workman for injuries causing permanent C \TOrl,man ha s n on-re idcnt alien c h i 1 c1 r e n ° 7 total disability. When th 8 shall receiY e only one-third ol'. the sum aboYe fixed for boys under six teen (16) years 9 of age and girls uuder eighteen (18) years of age. 10 (d ) * "' he lu all cases of km )Ol'ary total dis:ibilit_v, l)C nnanent partial disability and 11 perman ent total llisabilit.r, tlic c.:s:peusc of meli(·al Jitc,1tion and oE car e in hospital of 12 the injured workman shall be paid from dat e ot sa id injmy, t he expense of medical treat- 13 ment not to exceed one hundr ed and fifty dollars ($150.00) in any case and the expense 14 of care in hospital not to e:x:cecd on huudt·ed and fifty dollars ($150.00) in any case, 15 unl ess ullder general arrangement t he w orkman is ent itled t o medical attention and 16 care in hospital, or the employer furnishes adequate and proper medical attention and 17 hospital faciliti es to his employes; provided, however, that no bill or fee for medical 18 attent ion or ca re m hospital shall be allowed or paid without notice to t he employer 19 and a hearing if requested by said employer. 20 to establish a schedule fixing the fees for which all medical, surgical, hospital or oth- 21 er legalized forms of treatment rendered to employes under this section shall be com- 22 pensated. 23 extra-hazardous occupation shall file with the clerk of the court of the county within 24 •. which such injury oceured and with the state treasurer, under rules to be prescribed 25 by the state treasurer, a full and complete report fully describing the nature of the in- The state treasurer shall have the power Each physician or surgeon attending a workman injured while engaged in S.- F. No. 37_..;page 18 �1 juries to such workman; provided, that such report shall not be required unless the dis- 2 ability resulting· from such injury lasts through the day or the injury requires ·medie!al 3 ser vices other than th e ordinary first aid treatment. 4 to file auy report as herein provided shall be ptrnishecl by a fine of not more thai:i fifty 5 dollars ($50.00 ) . 6 paid not to exceed t wo h un clrccl fi f t y dollars ($/350.00 ) in r,ny case, unless other arrange- 7 men ts exist between employer and employe u nder agreement; 8 (1 ) Any physician or surgeon failing Wh er e dea th r esults from an injury the expense of burial shall be But if t he workman leaves a widow or invalid widower, to whom he or she 9 has been regularly married by a marriage duly solemnized by a l egal ceremo~y, 10 such surviving spouse shall re ceive the sum ·of t wo thou an d dollars ($2,000.00), but in 11 eYery case th e said award shall be paid in monthly iustallm ents at the rate of forty-five 12 dollars ($45.00) per mon th; 13 amn·d may u po 1 ar plicati on and hearing, with notice to the employer and a . showit1g 14 of t he necessity t herefo r, ortlcr all or any part of the unpaid balance of the award to be 15 pa id to th e surviving spouse as a lump sum. If the surviving spouse shall re-marry be.:. 16 fore all of said award has been paid, then .he or she shall only be ·entitled to receive the 17 sum of two hundred and seventy dollars ($270.00) out of the unpaid balance of s~id 18 award, and further payment shall cease, and any balance of the award shaH revert to 19 the dependent children, if any there be; and if there be no dependent children the u.:n- 20 paid balance of such awa.rd shall retq.rn to the general fund and the same shall be cred~ 21 ited to the employer's balance; if the surviving spouse shall die before all of said award 22 has been paid, then the unpaid balance shall revert to the dependent children, if any; 23 if no dependent children, then such balance shall revert to the general fund and. be ered- 24 ited to the employei· 's balance; provided, in any case, where the surviving spouse sh.all 25 remarry or die before all of the award has been paid, the remaining balance shall · be 0 •J c pro vided, howenr, that the court making su_c4 S. F. No. 87-Page 19 �,. 1 paid to the _surviving dependent children in the following manner: In ascertaining the 2 amount to be paid to each surviving child in the case of mal~ children, the age of such 3 male child shall be figur ed from the time of the death or remarriage of such surviving 4 spouse until such male child attains the age of sixteen (16) years and in the case of fc- 5 male children, th e time shall be figured fr om t he time of the death or re-marriage of ·such 6 snrviving spouse until such female cbild attai ns t he age of eighteen (18) years, and the 7 unpaid bahrn ee of such award shall be divided in each instance by t he number of months 8 between such periods of time. In case of t he death of any of such surviving children, !) th e port ion of such a,rnrd made pnyable to snch child by the terms hereof shall be di- 10 l'idecl among t he sUl'viv iug chiltlren pro rata; provid ed, fmther, that if all of the sur- 11 \·ivi 1g children should die before t he unpai d Laluuee of the awa r d is ent irely distrib- 12 uted, tJtcu the r emaining undistributed pol'tiou of such nward shall revert to the general 13 Lund ·rnd be cr edited to t he employer's baluuee; provided, further, that if it be shown 14 1 hat 15 ,_Jeceased, such sun-iving spouse shall not b . regarded as a dependent in any degree, but 16 iu such case the right of boys under sixteeu (16 ) years of age and girls under eighteen 17 (18) yeat·s of age t o compensation shall not be defeated. 18 surviYiug boy or boys under sixteen (16) y ears of age or girl or girls under eighteen 19 (18) years of age the guardian of such child or children appointed as hereinafter pro- 20 vidcd, shall receive for the use and benefit of said child or children, a lump sum of one 21 hundred and twenty dollars ($120.00) per year for each surviving boy under sixteen (16) 22 years of age until the time when each of said surviving boys shall become sixteen (16) 23 years of age, and a lump sum of one hundred and twenty dollars ($120.00) per year for 24 each surviving girl under eighteen (18) years of age until the time when each of said 25 surviving girls shall become eighteen (18) years of age; provided, that the aggregate the surviving spou:e wilfully deserted d eceased witho ut fault upon the part of the S. F. No. 37-Page 20 If said workman leaves a �I l 1 lump sum paid to said guardian shall in no case ex:ceed three thousand, six hundred . 2 dollars ($3,600.00). In all cases where an order of compensation is made on account of ( 3 boys und er sixteen (16) years of age, or girls under eighteen (18) years of age, or both, 4 or to persons incompetent, said fund shall be disbursed under a proper guardianship to 5 be created by t he court or j ud ge making such an order. 6 (2) If the injured worlcmrin cl-ie d uring the pcriocl of lemporary to tal disability and 7 after r eceiving compensation thc1·ef or, as h erein pro vicled, ancl his death be shown to 8 have result ed f rom such 'injm·ies, the wido1i· and. the g11ai·cl-ian of the workrnan's boys !) 1111rle1· si:r;leen (16) y ears of age an d girls -irncler eighteen (18 ) y ea·rs ·of age shall be en- 10 t itled to an azrnr<l because of the d eath of th e. worl.:man as herein provided, bnt the total 11 amount of payments in excess of two thousancl, fo 111· h und;•ed dollars ($2,400.00) re- 12 ccivecl by the ·i11,.i11red wo 1·k ma 11 cl1tri11g such disa bil-ity ancl pr for to his death shall be 13 propoi-t ionately cled11ctcd fro m th e amounts herein v rov ided to be paid to the s-nrviving 14 widow ancl the g11-arcl1:an of the w orkmmi's boys 1111de1· six tee1i (16) years of age and girls . 15 1mder eighteen (18) years of age. 16 ( 3) If any workman die within one yem· from the date of receiving an award for 17 pe1·manent partial d1·,sability and his death be shown to have 1·esulted from the injuries 18 for which the award was granted, the w·ido w and the g·uardian of the workman's boys 19 11,1uler sixteen (16) years of age, and gfrls iinde1· eighteen (18) years of age shall be en- 20 titled to am award beca1ise of the death of the wo1·kman as herein p1'ovided, but the 21 am01tnt of the payments received by the injurecl workman prior to his death shall be propor- 22 23 tionately deducted from the amount herein p1·ovided to be paid ta the surviving widow and the giiardia.n of the workman's boys under sixteen (16) years of age and girls tinder ( 24 25 eighteen (18) years of age. ( 4) If any workman die within two years from the date of receiving an award for S; F. No. 37-Page 21 �1 permanent partial disability and hi'.s death be shown to have 1·esttlted froni his injuries, 2 the w idow of said workman shall be entitled to an awm·d beca·use of the death of the 3 workman as herein provided, bitt the amown t of the payments 1·cceivecl by the injured 4 woi·kinan in e:i;ccss of two t lwu sancl dollars ( $2,000.00 ) prior to his clcath shall be deduct- 5 cd from the amonnt of her awm·d. 6 ( 5) If th c workman leaves no widow, or w idowe1·, or boy 1mder the age of sixteen 7 (1 6) y ears, or girl nncler th e age of eighte en (:LB) y ears, bitt leav es a parent or parents 8 surviv ing, such urviving parent or parents, if living ·in the Uni/ ed States, shali receive 9 a lu mv siwi of fiftee n hundred dollars {$1,500.00); p1'ovided, a varent 01· pa1·ents, who are IO clcpendc11ts and wlio arc 11011-rcsident aliens, ll fift ee n h1tndred, dollars ($1,500.00) . 12 hall ·i·cccive a lmnv sum of one-third of Se<:tion 6. 'l'hat Section 124-12-1:, Wyom ing· Revised Statutes, 1931, as amended and 13 • re-enacted by Chapter 129 of Session Laws of Wyoming, 1933, be amended and re- 14 • enacted to read as follows. 15 Section 124-124. No money paid or pa,) able under this chapter out of the indus- 16 trial accident fund shall, prior to issu ance and delivery of the warrant therefor, be capable 17 of being assigned, charged nor ever be taken in execution or by garnishment. 18 .Any such assignment, attachment, garnishment or chal'ge shall be void. 19 Section 7. ~} '" This Ac't shall talce effect and be in force from and after its passage. 20 21 22 23 24 25 S. F. No. 37-Page 22 ,,., �S. F. No. 37 • Introduced by Committee No. 17 A lEilILIL FOR ,r AN ACT to amend and re-enact S ection 124-104, Wyoming Revised Statutes, 1931, and Sect:ion 124-106-7, Section 124-113, Section 12:l:-117, Section 124-120 and Section 12412±, Wyoming Re\·u;ed Statute. , 1931, as amended an d r e-enacted by Chapte1· 129, 8es ·ion Laws of Vvyoming, l!J33, all r elating to.the defi nit ion of extra-hazardous occupatious, and to compensation for in j uries or dea th resulting fr om inj ur ies to workmen in accidents occurrin g m extr a-hazardous employments; and providing fo r judicinJ investigations of such injuries, and the making of compensation awards to s uch workmen, and t heir dependent famili es, p roviding for payments by employer.,; into the industrial accident fund, and r equiring non-resident employers · in extrahazardous occupations to give security for faithful compliance with t he compensation law, ancl making the failure so to do a misdemeanor, and prescribing its p enalty. J an. 21, 1935. Introduced, Read first time, Referred to Committee No. 17, Delivered to P rinting Committee No. 19. Be It Enacted by the Legislature o.f the State of Wyoming: 1 2 Section 1. That Section 124-104, Wyoming Revised Statutes, 1931, be amended a nd re-enacted to read as follows : S. I!,. No. 37-Page l .J �1 Section 124-104. The extra-hazardous occupations to which this chapter is applicable 2 are as follows: 3 is used ; foundries, blast furnaces, mines, oil wells, oil re-fineries, gasoline filling stations 4 and bulk oil stations, gas work_s, natural gas plants, water works, reduction works, 5 breweries, clistill,eries, elevat9rs, drec!ges, excavations, transfer companies, general team- 6 ing, general trucking, ditch rider of irrigation dist.ricts, smelters, powder works, laun- 7 dries operated by pm~er, kitchen employees and waitel's, whose employment requires them 8 to go to and froin kitchens, of hotels, restaurants, aud bakeries 9 gineering works, logging, lumber yards, lumber ing and saw mill operations, 10 street and interurban railroads not engaged iu iuten,tatc commerce, buildings being con- 11 structed, repaired, moved or demolished, painting· operations, telephone, telegraph, elec- 12 tric light or power plants or lines, steam heating or po"·er plants, railroads not engaged 13 in interstate commerce, bridge building, the oct:upations of city or town -6.i-emen and city 14 or town policemen, and all employments wher ein a process requiring the use of any· dan- 15 gerons a-..;-plosives or inflammable materials is carried on, which is conducted for the pur- 16 pose of business trade or gain, each of which employment is hereby determined to be 17 extra-hazardous and in which, from the nature, conditions or means of prosecution of 18 the work therein required risks to the life and limb of the workmen engaged therein are 19 20 21 22 23 Factories, garages, mills, printing plants and workshops where machinery inherent, necessary or substantially unavoidable. quarries, en- 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.Section 2. • That Section 124-106-7, Wyoming. Revised Statutes, 1931, as amended 24 and re-enacted by Chapter 129 of Session Laws of Wyoming, 1933, be amended and re- 25 enacted to read as follows : S. F. No. 37-Page 2 , �1 Section 124-106-7. In this chapter unless the context otherwise requires: 2 (a ) "Factories" mean any premises wher ein power is used in manufacturing, mak- 3 in g, altering, ad apting, ornamenting, finishing, r epairing or renovating, any article for 4 t he p urp ose of t r ade or gain, or t he bu ·in css carried on t herein, including ·expressly any 5 brick ya rd, meat packing house, foundry, smelter , ore reduction works, lime-burning 6 plant, stucco plant, steam heating plant, el ~,c1 ric Ji trMi ng· or power plant, including all 7 works in or din·<.:tly connected with th e construction, ins ta llation, operation, alteration, 8 removal or r epair of \\·ires, ca bles, s\\·itchboards or app aratus used for t he transmission 9 0£ electric current, and water power plant, in cluding tower and tandpipes, power plant, 10 blast fu rnaces, paper mill, printin°· plant flour mill, ·lass factory, cemen t plant, artificial 11 gas plant, machine or r epai r shop, oil plant, oil r efinery plaut and chemical manufactur- 12 ing plant; 13 (b) 0 "V{ork shop " means any yard, plu.u t, premises, r oom or place where power 14 drinn mac hinery is em pioyc<l and manual lab or is exercised by way of trade or gain, or 15 other\,·ise in cidental t o the process of making, alterin g, r epairing, printing or orna- 16 menting, finishing or adap ting for sale or otherwise any article or part of article, ove:c 17 which premises, room or place the employer of ·the person ·working therein has the right 18 of access or control; 19 ( c) "Mill" means any plaut, premises, room or place where machinery is used, 20 any process of machinery, changing, altering or r epairing any article or commodity for 21 sale or otherwise together with the yards and premises ·which arc a part of the plant in:- 22 eluding elevators, warellO'uses and bunkers, saw mill, sash factory or other work in the 23 lumber industry; 24 25 (cl) "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, gal- S. F. No. 37-Page 3 �1 lcries, wells and tunnels, and other ways, cu ts aud op enings connected therewith, includ- 2 ing those in the course of being opened, sunk or driven, aud includes all the appurte- 3 nant structures or machinery at or about the openings of the mine, and any adjoining 4 adjacent work place where the material from a mine is prepar ed for ·use or shipm ent; (c) 5 " Quarry" means any place, not a min e, where stone, slate, clay, sa1~d, gravel 6 or other solid mat er ial is dug or other wise r emov ed fr om the earth for the purpose 7 of trade or bargain or of the employer 's tr ade or business; (f ) 8 9 10 "Builcling ,vork " means an y wo rk rn the er ect ion, construction, ext ension, decoration, alteration, r epair or demolition of any buil ding or structural appurtenances; v (g) " Engineer ing wor k " means any wor k in the constr uction, alteration, exten:• 11 sio11 , r epair or demolit ion of a railway (as her ciubcfor " defi ne d ) bridge, j ett.y, dike, dam, 12 reservoir, underground conduit, sewer, oil or gas well, oil t ank, gas tank,· wat er t ank or 13 tower, or a ny ca.i:;son work iu artificially compressed all', any work in dredging, work 14 on log or .llllllber rafts or booms; _pile dr iving, moving buil dings, mo ving safes, or in 15 laying, r epairin g or r emoving m1dergroun d pipes and connections; the er ection, instal- 16 ling, re}Jairing, or removing of boilers, fur11 aces1 en gines and power machi nery (includ- 17 ing belting and ot her connections); and any work in gradin g or excavating where shor- 18 ing is necessary or po wer ma chinery or blasting pow er, dynamite or other high ex- 19 plosive is in use ( excluding mining and quarry ing)~ 20 21 ~ ✓ (h) o a o • • • • o o o Q • • • o "Employer" ineludes any municipality, county, person or body of persons, 22 corporate or incorporate, and the legal representatives of a deceased employer or the re- 23 ceiver or a trustee of a person, corporation, association or partnership. 24 25 ,,. (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 S. F. No. 37-Page 4 " �1 whose employment is purely casual and not for the purpose of the employer's trade or 2 business, or those engaged in clerical work, and not subject to the hazards of the busi- 3 ness, or one holding an official position. 'l'he term "workman" shall include "employe" 4 and t he term "employe" shall include " workman" and each shall include the singular 5 and plural of both sexes. Any refer ence to a workman who has been injured shall, 6 where th e workman is dead, in clud a r eference t o his "c:ependent family" as herein- 7 after defii1ed, or to his legal r epresentative, or where the workman is a minor or incom- 8 peteut to hi gua rdian or next friend. 9 .,-- (j) "Dependent families" a, used in this chapter means such members of the work- 10 man 's family as were wholly or in part actually dependent upon the workman · for sup- 11 port at the time of the injury,; , if it be shown that t_he ,,,rofoi,!? spouse wilful!! de~i.•te_d 12 decease<!, 13 .:; -' ·~ without fault upon the part of the deceased e - • d - - ,_ .... •.~ •--- · 0, -I such surviving -•..,...---;..,. =...A-~- ::;I - - spouse will not be regard ed as a dependent in any degr~e./, •N9 sw·viving s~e shall be -- ~- ""' --·-r .~ ~ i:I r~ = '"1 t0 r-: t, ,,z.~ \'?':: <I p:;_-;~ ~ ~ ; l (f~~'I •f(,! i-j ~ ~-:f/ 1 l ~ Cv' ;I L t , L -9 ~ .......... t> , __ ~ . • I !I entitled . to the benefits of t~ cha~~ei;A =::: ~::: unless he or she 'sball have been married -; ~ ,~,. _ ~ 1,. i\ '°'I I 14 4 15 • ,~ : • _ t I • • ~ to the. dec~ased . ? . "-' 0 at the time f the inj~ry. ( J' ) 1 ,.. /; ,,,___, 1,......,,.. .i_\ , ... .. , •1: •. .,._ 'i •- ✓ ~~ (i.r;.,, r -;~'-•?/'':/p .,, (k) • "Child or children" means the immediate offspring or legally adopted child or 17 children of the injured workman, boys under sixteen (16} years of age and girls under 18 eighteen (18} years of age (and over said age, if physically or mentally incapacitated 19 from earning) and shall also include legitima.te children of the injured workman born 20 after his death or injury. In other cases, questions of family dependency in whole or in 21 part sliall be determined in accordance with the fact, as the case may be, at the time of 22 • : ,' •• I ~ 16 ~ ,. the injury; the foregoing definition of '' dependent families'' shall not include any of the 23 persons named, who are aliens residing beyond the jlll'isdiction of the United States of 24 .America, except a surviving widow or boys under sixteen (16) years of age or girls 25 under eighteen (18) years of age, or parent or parents, and as to such non-resident aliens S. F. No. 37-Page 5 d �1 ascertain whether the claim for compensation or the amount thereof, is disputed by the 2 employer, and if there be no dispute, as to the right of the injured workman to receive 3 compensation, or as to the amount thereof, and the. claim appear to be free from col- 4 lusion, said judge shall thereupon make an order directing payment for s~ch compen- 5 sation from the state industrial accident fund in accordance with the facts by him as- 6 certainecl an d the t erms of this chapter. 7 l'ight of said injmcd cmploye or his dependent family to receive compensation, or as 8 to the amount t hcL·eof, then it shall be the duty of said judge to set the case down for 9 a hearing at the earliest possible dat e and to direct notice of such hearing to be issued 10 by the clerk of said cour t fo r senice upon t he employer and the employe at least seven 11 (7) days before tlie dat e fixed for said hearing, which said notice shall be served by the 12 sheriff of said county without exp ense to either party, except that his actual traveling 13 expenses shall be allo,Ycd and taxed, as costs. 'l'h e hearing shall be conducted upon the · 14 statement au d r eport fil ed by the employer, and such formal claims as may be presented 15 and filed witlt t he clerk of the district court by or on behalf of the injured workman. 16 If the employer, in his r eport of the injury, alleges that the injury was due solely to 17 the culpable negligence of the injured employe, or that the claim for compensation is one 18 not coming within the provisions of this chapter, then a jury may be demanded by eith- 19 er party and the cause shall be tried, as a court proceeding. If a jury is demanded, it 20 may be selected from names drawn from the five mile limit jury box, as in civil cases, 21 at any time in term time or vacation unless a regular jury panel be in attendance at 22 the court on the date any such hearing may occur., 'l'he 'taking of evidence shall 9e 23 ° 24 'l'he official court reporter of the district court shall attend the hearing and make a 25 stenographic report of the evidence without cost to either party. The court or judge 0 ~ • summary, ,::, • •• If there be a dispute, as to the giving a full opportm1ity to all parties to develop the facts fully. S. F. No. 37-Page 7 �, 1• shall direct the county and prosecuting attorn ey, or other competent at torney appoint- 2 ed by the court to conduct the examination of witnesses on behalf of the injured work- 3 man, and it shall be the duty of said attorucy to appear and perform such service with- 4 out expense to either party. The employer may appear in person or by counsel and 5 introduce evidence at the same hearing, N o costs shall be taxed by t he clerk except 6 fe es for wit nesses, who may be subpoenaeu. and who shall be allowed the same fe es, 7 for attendance and mileage, as is fixed by law in civil actions, and jury costs shall also 8 be taxed, All snch costs shall be paid from the accident fund, if the verdict and judg- 9 meut be in fav or of the employer_; but if against the employer then he shall pay t he 10 costs. 11 suant to the verdict of the j ury, if a j·ury be ca lled, ancl i !' no jury be called, the cour t 12 or judge shall r ender a d ecision upon t he facts an cl Ia-w of the case pmsuaut to the pro- 13 visions of t his chapter, and make an order all owing or disallowing co mpensation, as the 14 law and the evidence may warrant. I n any proceeding Lefore a court or judge, as afore- 15 said, the court or judge shall have authority to appoint a duly qualified impartial physi- 16 cian to ex:amine the injured employe and give testimony. The f ee for such service shall 17 be .five dollars ($5.00), unless otherwise order ed by the court, with mileage allowance, as 18 is allowed to other witnesses, which shall be taxed as costs, and paid as other witness 19 fees are paid. The employer or employe may, at his own exp ense, also appoint a quali- 20 fi.ed physician, who may attend and be present at any such examination of an injured 21 employe and give testimony at such hearing or investigation. 22 -~ -~ Section 4. () At the conclusion of the h earing·, t he comt shall enter an orclcr pur- · That Section 124-117, Wyoming Revised Statutes, _1931, as a.mended and 23 re-enacted by Chapter 129 ~f Session Laws of Wyoming, 1933, be amended and re-enacted 24 to read as follows: 25 Section 124-117. Every emp'loyer who shall engage fo any of the extr0rhazat·do11,9 oc- S. F. No. 37-Page 8 �1 cnpations deft.med in thiv; act shall, at the time of commencing such employment pay to 2 the State Treasure1·, foi· credit upon the acconnt of siwh employer in the industrial ac- 3 ciclcnt fu,nd, an initial S'!/,m of fifty dollars ($50.00)! Every employer engaged in any of 4 the occupations herein defined as extra-hazardous, is hereby required to pay into the state 5 treasury for the benefit of the industrial accident fund a sum of money equal to one and 6 one-half per cent. ( ll/z % ) of the money earned by each of his employcs engaged in such 7 extra-hazardous employment during each calendar mouth of such employment. Such paJ~- 8 meut shall be so made on or before the 15th day of the month following the month for 9 which such payments are computed and paid. 10 monthly contributions as above provided u nless his account, after making the herein- 11 after specified deduct ions therefrom, shall equal full two per cent. (2%) of his annual 12 payroll computed by multiplying his current month's payroll of workmen engaged in ex- 13 tra-1.iazardous employment by twelve and shall likewise be not less than three thousand dol- 14 lars ($3,000.00 ) ; provided, liowever, that any employer whose account is overdrawn shall 15 be required to pay monthly a sum of money (including the payments as above specified) 16 equal to four per cent. ( 4%) of the money earned by each of his employes engaged in such 17 extra-hazardous employment during each calendar month of such employment until such 18 overdraft shall be paid. 19 Each employer shall continue to make Such employer shall not be compelled to contribute when bis contributions in the fund, after making deductions as aforesaid, shall equal two per cent. 20 (2%) of his annual payroll, and shall likewise be not less than three thousand dollars 21 ($3,000.00). 22 In addition to the other payments required by this section to be paid into the indus- 23 trial accident fund, every employer engaged in any of the occupations herein defined as 24 extra-hazardous shall make a payment to be known as a '' service and policing charge.', 25 Such service and policing charge shall be paid by the employer into the state treasury for S. F. No. 37-Page 9 �1 the benefit of the indi.1strial accident fund and shall not be credited to the balance of the 2 • employer contributing. The amount of balance in the industrial accident fund to the 3 employer 's cr edit shall not relieve him of his duty and liability ·to pay the service and 4 policing charge ; provided, however, that no employer who pays for any calendar month 5 four per cent. ( 4o/o ) of the moneys earned by each of his employes engaged in such ex- 6 tra-hazardous employment during such cale11cla1· month shall be compelled to p ~ y a 7 service and policing char ge for such month. 8 T~e ser ~i~c and, p~lic~~ ch~r ge shall be computed on,- the mpnthly premium y.aid} ! ) t:--7 :~ ~/1;;;•· -~: .<'~.," ~· ·, ',j;:. f:_::_:· .L~ <'< "J: \_; :~.~ /~ f "~ 9 ' t i"e (indivJdua1 employer into the' state treasm<y for' the benefit o.f t he industrial acci: 10· dent fund during each cal endar month, or on the premium which the employer w o u 1 d 11 haYe been r equir ed to p ay had n ot the amount of the employer's balance relieved him 12 from the payment of a premium. }-A 13 •...~~"• .,_"' ~ \':, 14 .. The amount of the service and policing charge shall be determined according to the following schedule: "• -~ 15 ....,' Service and ~ Policing Charge 16 \' ~ \' ... ~ 17 18 ., - :l Where the monthly payment isLess than $ for month 10.00 ..................................................................................$ 2.00 J., 19 bI 10.01 to 20.00 ··············............................................ -i-/ 3 .00 20 if 20.01 to 30.00 .......................................................... 5.00 . 40.00 ··························---·················· 'UO 7.0~ \ ,,.._, 21 "', \ 30.01 to I /;\ I( ... ,y ~ ! .:;/ 40.01 to 50.00 ·············· ........................................... . 10.00 1P~? 23 .is' 50.01 to 60.00 •••••••••••••• ••••••••••••••••••••••••••••••·············· 15.00 /) ~:. 24 60.01 to 70.00 ••••••••••••••••••••·•••··•·············· ................. 25 70.01 to 80.00 •••··············· ............................................25.00 I 5 6 ,, 22 S. F. No. 87-Page 10 'rj . 7:,~ ,. r /~. -.fiJ/t◄~~~-;·1-\:, ;j/f/t• •;__ 1 �·1 80.01 to 90.00 :......................................................)-~ 30.o.o 17 ~> 2 90.01 to 100.00 ··············· .. •...................................... j 35.00 3 100.01 to 150.00 .......................................................... 40.00 Z. ;i .. ·- 4 150,01 to 200.00 .......................................................... 45.00 5 200.01 to 300.00 .............. ............................................ 6 300.01 to 400.00 .......................................................... 60.00 '/(! :., 7 400.01 to 500.00 .................................... ·..................... 75.00 'f o. ";:_ 8 500.01 to . J .,. /) /J ~ e, ,:> J ~' ~ I 50.00 . ;;,-.-:-.----e ~. ,. ~'I t'' 9 10 1,000:0-1- ·-w·-·'1.;·500.00 ................ .......................................... 1501Jrr 11 1,500.01 to 2,000.00 .............. ............................................ 175.00 12 2,000.01 to 3,000.00 ..........................................•................ 200.00 13 3,000.01 to 4,000.00 ...................................., ......., ............. J?,25.00 14 4,000.01 t o 5,000.00 .......................................................... 250.00 15 Over 5,000.01 .................................................................................... 300.00 ;" 16 Provided, however, in that the expense of the administration of this chapter and o.f 17 making the collections herein fixed, is greater as to non-resident employers engaged in 18 19 20 21 22 23 24 25 extra-hazardous occupations, than such expense obtains to such employers bona .fide domiciled within the state of Wyoming, the service and policing charge, up on the monthly premium paid by non-resident employers engaged in extra-hazardous occupations, shall be double the foregoing schedule, as th.e 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 approved by the state treasurer or his deputies, before starting the work. .The co,ntract of said bond or other se- S. F. No. 87-Page 11 �., 1 curity shall be conditioned that the said employer will faithfully perform all the du- 2 ties imposed by this act upon employers engaged in extra-hazardous occupations and 3 prompt ly pay iuto the state treasury, at the time and in the manner set forth in Section 4 124-117 of the Revised Statutes of Wyoming, 1931, and all acts amendatory or in aid 5 thereof, the sums of money required to be paid by employers in e::-..'tra-haza.rdous occupa- 6 tious. And to this end, " non-resident" employers engaged in extra-hazardous occupa,. 7 tions are hereby r equired, before starting work, and from time to time after such work 8 has been started, to r epor t t o the state treasurer the nature and pr ogress of such work, 9 1.he location of the same and the n umber of ClllJ)loyes engaged in and upon the work 10 and likely to be so engaged fo r the next thir ty (30) day giving such fur ther and detailed 11 information as the state treas urer may r easonably c1emanc1. The willful failure or neg- 12 ligence on the part of any " n on-r esideut" employer of extr a-hazardous occupations to 13 give said security, to make the reports, and/ or to furnish the information required by 14 this section, shall be a misdemeanor, and upon conviction, such employer shall be pun- 15 ished by a fine of not less than five hundred dollars ($500.00) or more than five thou- · 16 sand dollars ($5,000.00), recoverable with costs in any court of competent jurisdiction. 17 Provided, however, that "non-resident" employers of =.exltra -ihazardous ,occupations 18 shall not be required to give bond or other security for any payment or payments re- 19 quired of them for the "service and policing charge" required by this section. And the 20 requirement of this section that "non-resident" employers of extra-hazardous occupa- 21 tions shall give bond or other security, shall not apply to '' service and policing charges,, 22 herein provided. 23 The term "non-resident" employers of extra-hazardous occupations, in this connec- 24 l;ion, shall be construed as an employer of labor engaged in extra-haz'a rdous occupations, 25 who for the previous twelve months has not been a continuous contributor to the com- S. F. No. 37-Page 12 �~ 1 pensatiou fund as in this chapter provided, and who has not been r, 2 domiciled in, or a resident of the State of Wyoming continuously for the preceding 3 twelve months nex.t prior to engaging in the business of an "employer of labor in extra- 4 hazardom, occupation ''. 5 quired by this chapter, for twelve consecutive mon ths immediately prior to the com- 6 mencement within this state of the occupa !·ion, t he r equirement to pay double the serv- 7 ice ancl police charge shall cease. l) bona fide Wh en any such employer, shall contribute to said fund as re- 8 F or the purp ose of encouraging car e on the part of t he employers and thus decreas- 9 ing accidents to employes, and to the end that each employer shall compensate all in- 10 jmies to the work men of such employer and not those of other employers, the state 11 t reasurer shall keep a separate account for each employer so contributing to said fund 12 and shall charge against the account of each employer all warrants paid from the in- 13 dustrial accideut fund: 14 (a ) As awards for injuries t o employes o.l' such employer; 15 (b ) In payment of medical and surgical supplies aud medical or hospital attend- 16 17 18 ance of an employe of such employer; ( c) In payment for investigations of accidents of such employer, or in payment of investigations of injuries to his employes; / ~ 19 20 (d) ;:J , er L •f ~ • -• 12·J---n "-• f1 fc:., ~ { In payment of witness fees and other co~ts,1n cases wherein an order of aw~d is granted to the employe of such employer. 21 Section 5. That Section 124-120, Wyoming Revised Statutes, 1931, as amended and 22 re-enacted by Chapter 129 of Session Laws of Wyoming, 1933, be amended and re-en- 23 acted to read as follows: 24 Section 124-120. Each employe, who shall be injured in any of the extra-hazardous 25 employments as herein defined, or the dependent family of any such injured work- S. F. No. 37-Page 13 �1 man, .who may die as the result of such injuries, except in case of injuries due solely 2 to the culpable negligence of such injured employe, shall receive out of the industrial 3 accident fun d, compensation in accordance with the following schedule, and •Such 4 right and payment shall be in lieu of and take the place of any and all rights of action I 5 against any employer contributing, as required by this chapter, · to the industrial ac- 6 cident fund i11 fa vor of any person or persons by reason of any such injuries or death. 7 (a) " P ermanent par tial disability " means t he loss of eith er 6ne foot, one leg, one 8 hand, one arm, one eye, or the sight of one eye, one or more fingers, one or more toes, and 9 dislo cation where the ligaments are severed, or any other in jm y known to surgery to be 10 permanent partial disability. For any p ermanent JJartial disability hereinafter specifically 11 desc ribed, i-esulting from an :injury, the workman shall r eceive a lump sum as follows: 12 For the loss of a t humb ................................ ... ........................ ........... $337.50 13 For the the loss of a first :finger.......................................................... 300.00 14 For the loss of a second finger. ........................................................... 225.00 15 For the loss of a third finger.............................................................. 225.00 16 For the loss of a fourth finger ........................................... _ __,__ 225.00 17 For the loss of a palm (metacarpal bone)...................................... 900.00 18 19 20 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 elbow.................................................. 2000.00 -, , ~t).·M ,•:; 21 For anky-losis (total st~s& of) or contractures (d_ue to scars or injuries) which 22 ., /u.;-"";, ,.,·"' P✓ make th;Afingc~s more than useless, the same amounts apply to such finger or fingers 23 (not thumb) as given above. 24 'l'hc loss of a third or distal phalange of the thumb shall be considered to be equal 25 to the loss of one-half of such thumb; the loss of the more than one-half such thumb .S. F. No. 37-Page 14 �1 2 3 :-hall be considered to be equal to the loss of the whole thumb. Th e loss of a t hird or distal phalange of any finger shall be considered to be equal to th e loss of two-thirds of such finger. 4 The loss of more than t he middle and distal phalanges of any finger shall be consid- 5 er ecl to be equal to the loss of the wh ole fi nger ; provided, however, that in no case 6 shall the amount r ccciYed fo r more than on e fi nget" exceed the amount in this schedule 7 fo r the loss of a hand. 8 l<""'or th e l oss of a gr eat toe .................................................................. $200.00 9 For th e loss of one of the toes other than grea t toe.................... 150.00 10 11 12 13 The loss of more than two-thirds of any toe hall be consider ed equal to the loss of the whole to e. 'l'hc loss of lcs than two-thirds of any toe shall be considered equal to the loss of oue-lwlf of the toe. 14 F or the lo s of a foo t... .............................. -.................................... $°1,200.00 15 For the loss of a leg belo,s; t he lmee ............................................ 1,500.00 16 For the loss of a leg above t he kne e ............................................ 1,800.00 19 20 21 ery case of permanent partial disability the amount allowed for the injury shall be paid 22 in monthly installments at the rate of fifty dollars ($50.00) per month if the workman 't ~, ';l 23 'SI ' . • i\ li e unmarried a t t he time of the injury, and at the rate of sixty dollars ($60.00) per ( ~-~-../:. at the time of the 24 month if the workman has a wife with whom_l1e_is,1i.ving 25 injury; provided, however, that the .court making such award shall retain jurisdiction ,:~ I• S. F. No. 37-Page 15 �1 o.f the same until said· award shall have be en .fully paid, with power to m o di f y or n '7/ ,ri ;A ,/;:;.z::., ~ ..I'~ . /1 . -- A 1r'fr ~~-._..;<./ i •,; ei~~-e,r.:,:r, ....j\ t. ,. (J,1-,.,,-,,.,._ mp ,~..,, ~ '-'·-UcP/ f'""I~di J . 1 1 2 change the conditio~,of the in urecl workman, and ~shall have p&\ver at any time dur- 3 ing said period, upon application and hear iHg, with notice to the employer, and a show- 4 · ing of the necessity therefor, to order all ot· any pat-t o.f the unpaid balance of the award 5 to be paid to the injured workman in a lump sum. "Permane11t total disability" meaus tlie loss of both legs or both arms, total (b) 6 7 loss of eyesight, paralysis or other cond it.i ons p ermanently in capacitating the workman 8 from pcrformillg any work at any gainful occupation. Where there has been a previ·./ ( • / 9 ous-f1isa bility, ~i ': •l-t •;·•"'t . ~: :-· i ·l ;, 'C • •~ f t, 0 \ as th e loss of ouc e .:c, or the sight t her eof, one haud, one foot, . r {i i Qt"'1J:r;1,,.l~, J 10 , ir~ ~ .. ,l, e-ir-:. .: e:,,.i.----t?' f or any other previous permaueu9.1cusability , .\ . 11 12 13 permauent total disability results from the injury the workman shall receive the sum 14 of four thousand dollars ($4,000.00), but in every such ease the amount allowed for the 15 injury shall be paid in monthly installments at the rate of fifty dollars ($50.00) per 16 month if the workman be unmarried at the time of the injury, and at the rate of sixty 17 dollars ($60.00), per month if the workman has a wife with...w.h~~,;_,f e~isJiving, ~' 18 at the time of the injury; provided, howev er, that the court making such award shall 19 retain jurisdiction of the same µntil said a ward~!?,hall have been fully paid,_with pow- 20 or to modify or change the amount of the a ward to conform to any change in the cond!- 21 tion of the iujured workman, and shall have power at any time during said period, upon 22 npplieation and hearing, with notice to the employer, and a showing of the necessity 23 therefor, to order all or any part of the unp11id balauee of the award to be paid to the 24 injured workman as a lump sum; provided that if the workman shall di'c 1 · ' eavmg an ·uu- 25 paid balance of the award, then such unpaid balance shall be returned to the industrial.• (}~~ S. F. No. 37-Page 16 �1 accident fund and be credited to the employer's balance. If the w o r km a n suffering 2 such permanent total disability have a boy or boys under sixteen (.J.et years of age, or• 3 girl or girls under eighteen (18) years of a gr., the guardian of such child or children ap- 4 pointed as hereinafter provi ded, shall r ece i \·e fo r the use and benefit of said child or 5 ch ildren, a lump sum of one hm1 dred and t 11·e11ty d ollars ($120.00) p er year for each 6 boy under sixteen (·J:-6')' years u ntil the time when eacli of said boys shall become six 0 7 teen E·l6-} years o.f age, and a lump um of one hundred and twenty dollars ($120.00 per 8 year for each girl under eight een (1 ) years of age until the time when each of said 9 girls sha ll become eighteen (18) years of age; provided, that the aggregate ·1 ump 10 su.in paid to said guardian shall in no case exceed fom· thousand dollars ($4,000.00), 11 aJ1d any arnl all awards made on account o C any such child or ch ildren, shall be dis- • 12 hursed u11der a proper gua rd ia nship to be created by the court or judge making such · 13 award. 14 ( e) 1r: ;f( j " Temp orary total disability " mea ns an injury which, though it may result 15 or do es r esult in a permanent total or partial disability, temporaril;r incapacjtates the in- 16 jmed person from performing any work al. any gainful occupation for· the time, but ' 17 from which injury such person may recover by medical or surgical treatment and be 18 able to resume work. 19 of the injury, he shall receive ~he sum of fifty dollars ($50.00) per month, so long as 20 tlie total disability shall continue. 21 at the time of the injury, he shall receive sixty dollars ($60.00) pe:r month, and if he "' '" " In such case, if the workman be unmarried at the time If he have a wife w i ~ h v m g= •'/; ~, () 0 ; (' 22 Jiave a boy or boys ·under sixteen ~ ) years of age or girl or girls under eighteen (18) 23 years of age, 24 dollars ($7.50) per month, but the total monthly payments shall, not exceed ninety dol- 25 lars ($90.00) per month. No compensation, except the expense of medical attention, . or both he shall receive for each , :, seven and one-half. S. F. No. 37-Page 17 �1 shall be allowed f or the first seven (7) days of disability, unless the incapacity extends 2 beyond the period of twenty-one (21) clays, in which case the compensation shall run 3 froi:n the time of the injury. .As soon as r ecovery is so complete that the earning pow- 8 shall r eceive on] y one-thir d of the sum above fixed for boys 1mder sixteen (J-6) years 9 of age and girls un der eighteen (18) years of age. I] 10 • (d) In all cases of temporary tota l di ·aLility, permanent partial disability and 11 permanen t total disn bility, th e expense of med ical at.tclltion nud of ca re in hospital of 12 . th e iujurcd workman shall be paid from date of aid injury, t he expense of medical treat- 13 ment not t o exc eed one hundred and fifty dollars ($150.00) in any case and the expense 14 . of ca re in hospital uot to exceed one hundred and fifty dollars ($150.00) in any case, 15 unless. under general arrangement t he workman is ent itled to medical attention and 16 care in hospital, or the employer furnishes adequate and proper medical attention and 17 hospital facilities to his employes; provided, however, tliat no bill or fee for medical 18 attention or care in hospital shall be allowed or paid without notice to the employer 19 and a hearing if requested by said employer. The state treasurer shall have the power 20 to establish a schedule fixing tile fees for which all medical, surgical, hospital or oth- 21 er legalized forms of treatment rendered to employes under this section shall be com- 22 pensated. Each physician or surgeon attending a workman injured while engaged in 23 extra-hazardous occupation shall file with the clerk of the court of the county within 2.4 ·. which such injury occured and with the state treasurer, under rules to be prescribed 25 by the state treaS'urer, a full and complete report fully describing the nature of the in- S. F. No. 37-Page 18 I �r 1 juries to such workman; provided, that such report shall not be required unless the dis- -2 ability r esulting fro m such injury lasts through the day o~· the injury requires medical 3 services other th an t he ordinar.Y first aid treatment. Any physician or surgeon failing to file any r eport as her ein provided sh~ll be punished by a fine of not more than fifty 5 dollars ($50.00), 6 paid not to exceed l wo hundred fifty dollars ($250. 00 ) in any case, unless other arrange- 7 men ts exist between employer and employe under agreement ; 8 ft (1) Where death results from an injury t he expense of bu.r ial shall be But if the workman leaves a wi d ow or invalid widower, to whom he or sµ e I 9 h:.is been r egularly married by a marriage duly solemnized by a legal ceremony, 10 such surviving spouse shall r eceive the sum of t wo thousand dollars ($2,000.00), but in 11 (),.✓~-'""? • mont h1 y msta • 11 ments at the rate of forty-five eyery,., case the sa1'cl a war cl s1ia11 b e pai'd m 12 dollars ($4.5.00) per u10nth ; 13 am1rcl may upon applic ation and hearing, with notice to the employer and a showii_1g 14 of t he necessity therefor, order all or any part of the unpaid balance of the ·award to be 15 paid to the surviving spouse as a lump sum. If the surviving spouse shall re-marry be- 16 fore all of said a.ward has been paid, then he or she shall only be entitled · to receive the 17 sum of two hundred and seventy dollars ($270.00) out of the unpaid balance of said 18 a ward, and further payment shall cease, and any balance of the a ward shall revert to 19 the dependent children, if any there be; and if there be no dependent children the un- 20 paid -balance of such award shall r eturn to the general fund and the same shall be cred- 21 ited to th e employer 's balance; if the surviving spouse shall die before all of said award 22 has been paid, then the unpaid balance shall revert to the dependent children, if any; 23 if no dependent children, then such balance shall revert to the general fund and be cred- 24 ited to the employer's balance; provided, in any case, where the surviving spouse shall 25 remarry or die before all of the award has been paid, the remaining balance shall be ,)) pro vided, however, t hat t he court making such S. F. No. 37-Page 19 �' 1 • lump sum paid ·to said guardian shall ·in no case eX'.ceed three thousand, six hundred 2 dollars ($3,600.00). In all cases where' an order of compensation is made on account of 3 boys under sixteen (-±tr) yea rs of age, or girls under eighteen (18) years of age, or both, 4 or to persons incompetent, said fund shall be disbursed under a prop er guardianship to 5 be created by the court or judge making such an order. ,<f (2) 6 If the injured wo rkman clie d11ring the per focl of temporary total disability and 7 aftei: rece1'.ving comp ensation thei-ef or, as h erein provi'.clecl, and his death be shou:n to 8 have resull ecl fi·om such foj1iries, the widou; am.cl th e gnardian of the workman's boys ,, rr' fj- 9 'll'll.de1· si:ctcen ('1:o'J y ears of age and girls 1111cler eighteen (18) years of age shall be en- 10 t-itlecl to an. award beca11se of the clcath of the woi·lcman as herein provided, but the total 11 amount of payments in excess of two thousand,.fow· h1indred dollars ($2,400.00) re- 12 cciv ed by the infured worlc nian cluring such di ability . amd prior to his death shall be · 13 p;-oportionately clednctccl from, the amounts herein provided to be paid to · the -surviving If 14 widow and the gnard1·an of the ii·orkman's boys under sixteen (,--16') years of .age and girls 15 wncler eighteen (18) years of age. (3) 16 17 18 19 If any workman d·ie within one yeai· f1·01n the date of receiving an award for pei•nia.nent partial di,sability and his death be shown to have 1·esulted from the injuries /01· which the a.ward was granted, the widow and the gua,rdia1~ of the workman's boys _,,.. Jl under sixteen (-1:(Jj- years of age, and girls under eighteen (18) years of age shall be en- 20 titled to an awai·d because of the death of the workman as he 1· ein provided, b1it the 21 amonnt of the payments i·eceived by the injitrecl workman pi·ior to his death shali oe· propoi·- 22 tionately deducted from the amount herein provided to be paid to the surviving widow and 11' ' ~ 23 the gitardian of the workman's boy$ undei· sixteen (;1,8) yea1·s of age and girls itnder 24 eighteen (18) years of age. 25 ( 4) If any workman die within two years from, the date of receiving an award /01· S. F. No. 87-Page 21 �1rt; ,( 1 pennanent pcw:titzl disabi1ity G/11,d his death be shown to have resulted from his injuries, 2 the w·idow of said wo1'kman shall be entitled to an award beca11se of the death of the 3 wo1·lcman as herein p1·ovided, biit the amonn t of the p(JJIJments received. by the injitred 4 workman in excess of two thousand dolla;rs ($2,000.00) p1·-ior to his death shall be ded1tct- l' l 5 ed f roni the amount of he1· award. I) p---=;. ' f-7!.1. f ,__, · £ 6 ,) (5) If the workman leaves no widow, or widower, or boy itnder the age of ~xte-en 7 I (.J.6-}- yem·s, or ' girl 1mdcr the age of eighteen (18) y ears, b1it leaves a parent or parents 8 w1·viving, such surviving parent or parents, if livi·11g in th e United States, shall 1·eceive 9 a lnmp sw1n of fi,ft een lmnclred dollars ($1,500. 00) • proviclecl, a parent o1' p·arents, who are 10 depend ents (1//td who are non-resident aliens, shall r eceive a l'ltmp sum of one-third of 11 fifteen lmnclrecl dollars ($1,500.00). 12 Section 6. 'l'hat Section 124-124, Wyom ing Revised Statutes, 1931, as amended and 13 r ~-cnuctccl. by Chapter 129 of Session Laws of Wyoming, 1933, be amended and re- 14 . enacted to read as follows: 15 Section 124-124. No money paid or payable under this chapter out of the indus- 16 trial accident fund shall, prior to issuance and delivery of the warrant therefor, be capable 17 of being assigned, charged nor ever be taken in execution or by garnishment. 18 19 i; * ,;, Any such assignment, attachment, garnishment or charge shall be void. Section 7. This .A.ct shall take effect and be in force from and after its passage. 20 21 22 t 23 24 25 S. F. No: 37-Page 22 �That lin~ 9, page 11, b e stricken and that th ere be ins0rted in lieu th 0r 0 of t~0 f?llowing: Over J 750 .00 --------------------------------- ; 150.00. That line s 10 to 15 inclusive , pag e 11, b o stricken. Page 13, line 19, followin g the vrords "and othe r costs" insert the words "as her e in prov i d~d". Page 14, l in . :. 21, s u o ll th e word "stiffness" correctly. Fag s 14, li n e 22, i m...mcdiat c ly followi ng the words "ma k e the" insert tho word s ttf ing r or", and strike the word s "mor0 than". Page 1 5 , l i ne s 17 an d 1 8 , inse rt th e f ol l o wing p a ragraph: ·,;in any c a s e wh c r o a ny omp lo ycc s uffe rs a n a c c id e nt unde r the t e rms of this a ct, a nd wh o lo s e s any p,i rt of the bo dy wh ich ca n be replaced by a rt i f ic i al mea n s , su ch .::,mp lo yc c , i n addi tion to th0 be n e fits of this act, sh all he e n t i t l ed to a n a r t i fic ia l r e pla ceme nt there of in an a.mount no t to ex cee d one hun dred a n d fif ty ( ~,150.00) dollars. Pa ge 1 5 , linG. 20 , c or rect t he s p e ll i n g of' t he word "be'~. PagG 15, l i n e 24 , s tri ke ou t t h o wor ds "with whom he is living'!. Pag G 1 6 , l ine 2 , i rnmcd i ate l y ,r~ cedi n g t he word "condition"·, insert the w.ords " amount o f a ward t o c on for m to any change in the '~. Page 16, l i n 0 9 , ins e rt immc dia t c ly p rio r to th e; . word "disability", the words "p e rma ne nt pa r tial". Pag(:; 1 6 , line 1 0 , ins e rt th e word "pa rti a l" b ot\.ccm the words "permanent" and · ".disab ility"; and strike out the words "pcrccm tagc of disability" and ins -.- rt in lie u th er e of the word "award". Page 16, line 11, striko out the word "porccntago 11 and insert in lieu th e r e of t he word " c:..mount •~. Page 1 6 , line 12, strike out thE.; words, "previous disability as it existed at time of subs e q_uGnt injury", and insert in lieu thereof the words, "award pa.id for such previous permanent partial disability''. Pag0 16, line 17, strike out the words "with whom he is living". Page 16, line 19, strike out th <:., l0tter ,, s" on th;;:; word "awards". ... 11 Page 17, line 20, strike out the words lt',\Ti th uhorn.1. h . .:. is li ving • Page 18, line 4, strike out all words aft er vrnrd "but 11 to the end. of the sen t c nco in line 7, c.nd insert in lie u thereof, "in no case where c01.npons&tion is avm rd0 d for p ermanent partial disability or -permanent total disability, shall th e r e bs dcc1uctcd the refrom any amount awarded and paid, on account of tempora ry total disability. 11 Page 19, l inc. 11, insert the vrord "such II bet\ ·sen the words "ovcry" and "casc 1' . Page 22, _line.: 1, strike out the iiW Td th ~:; r e of the word "total"·· 11 :partial" and ins.:.;rt in liou �\; ' Strike the; words and figures "sixt~c:n ( 16)" wherever the same appear in the bill in reference to the ag8 of boys, and insert in lieu thereof, tho words and figures "oightecn (18)", said words and figures ap~s aring on th6 followihg page s arid lines: Page 5, lines 17 and 24. Page 17, lines 2, G, . 7, and 22. P2..gc 18, line 8. Pae;0 20, linos 4, 1 6 , 18, 21, and 22. Pago 21, lines 3, 9, 14, 19, and 23. Page 22, lin es 6 and 7. (Signe d) R.H. Sanders Chairman �\ F Gbruary 6, 1935 -A- (yuno ndmonts to Standing Commi t t ,:.:: Re;p o r t r - \ · -s cna te Fil e ·No• 37 • standing th e lins s 9 to 15, p age 11 st rick e~ bytthcd · and that . 4 ~ 6 a nd 7 b e re1nsGr c commi t tcc Report, p a g e 2, 1 in c , ::i, , • , • th -:; charg.:: s in thos e line s b e ame nd ed 0. s follows· I move th a t Ame n dme nt to the a me ndment of S t a nding Connnitt co : line s s tricken b ~ r e s tor Gd to r ead ~s follows: Thc.t th o line g strik0 ') 125.00 and inse rt ~\pl 75.00" P ago 11, line 10 s t rilm ~? 150. 00 and insert " ,.250. 00" Po. 6 0 11, , . t 17 5 0 0 d • rt 11 ,l rz 5 0 0 0 " line 11 , str ~lee ~ p • s.n insc ;tr'.~ • 11 P o.g;:,. 11, line 1 2 , strike ~ 200. 00 a n d inse rt 11 ",t' :::iOO. 00 Page 11, 1 inc 13 strika ~? 2 25 . 0 0 a nd inse rt " i 700. 00" 11 r· goo 00" • ' • } . • Page 11, line 1 4 , strike . , : 250 . 00 and ins a rt ).( • 1 Po. .s0 11, lino 1 5 , strike ,~300' . 00 a nd insert "4, : , 1000. 00" Pa ge 11, - BSenat e. File No. 37. FcbrU£try 6, 1935 Mr. Pre s id ent: I move th<'--t an £.t ddi t i onc l pc.~r a gr c ph b e a dded on ps.gc 4, line 20,: us follo ws: " ( g-1) "Dude r a nching " for the purpo se of this chap tor is def incd and me a ns a rcnch conducte d primar i ly for the accommodation and entert a inment of gue sts for monctnry consid e r ntion; '' Also - on page 2, line 9, c1ftc r tho word "opera. tion" insert the words "Dude Ranching," February 5, 1935. ~t r. Chcirmc.n: I move tho.t ScnCTte File No. 37 be amended as follows: After the period in line 21, pn.gc 8, c.dd the following: "Where c.:.n 2.wc.rd of compensC': tion h r., s b e en me.de in fe.vor of r:n injured employee, 2.n ,.pplic1:.tion ro.c y be ma de to thG court by either po. rty, t .n~ time r:.fter one yc,:r from the dr- te of the e.wc,.rd, for [, modificr.. tion of the c.mount of th o e.-vr.1·d, on tho ground of incrccse or docrE.r.sc. of inc r.p a city duG solely to the injury, or upon the ground of nistnkG or fr c.ud." Sen:. tc File No. 37. Lin::: 2, of the ti tlc of th,.:, i:>rintcd 'oill :;.ft.er the fi. g,ur.:::;s 11 11 124-106-7, 11 insert ''Section 124-112, Section 7 of the bill oc ch i·.ngc d. to rc ~.d. Section 8. Mr. Ch,.- innr: h: I !Ilovc th,-~t Senc. t o File No. 3? bo ,'.'. mended by inserting '.'~ft-.::.r Section 6 tho following: section 7. Th:.:.t Section 124-112, if,iyom"l.ng Revised str.tut;.;s, 1931, be a ..'TI.c nd .:.. d 2..nd r 0 -1...nc-. ctcd to rG c. d r\ s follo-vrn: �' ' r ,. • d t occurs c c.using injury to S<:.ction 124-112: Whene ver ' ·~ ,: cci r.~~c.~zr.rdous ' employme nts ~o~incd e.ny w<?rlcmcm cnge g~d i;1,_:::i.ny ~f t~e, c~tr • f tho employe r o. nd the inJurcd by this cheptc r, l t sn , 1~ b 0 t~"' au Y ? , c h '.., lf of th.: inj urc d employ,:, or someone on.his bch,,l~, 0 ~ J.n ~- ,'::from th\:.: injury, within c..mployc' s dcpcnden ts' l f ho b e killca _or i c ~ . hG {'' c.ren t o dr. s t hvrc. r'.ftcr to mc.lrn r e port.of su~h ••,ccid__,n~ c.,nd __t 0 ·.-P~ 2injur~ rosul ting th er e from o.nd to f il c s .: n d report ~n the !f l~v of the clerl< of the district court . o~ t hs county ~vh,~; e~g s:1c_h c.. cc~d c n~ occurred whi ch rc-oort sh,.. 1 1 st :·:t c . PROVIDED, H0, 1..... V1~,, THAT LACK OF SAif NCTI C:. BY THE INJURED El.TLOYKE SHALL NOT BAR PROCE EDINGS IF • THE EMF LOYER HAD ACTUAL NOTL·E OR KN0'1JLEDGE OF 'FE-IE IN JURY· r- .l.. ,.., • (1) The nr.mc of the injure d worlanc~n cmd the time, cr.. usc a nd ne.tur c of th e c, ccidc nt a. nd the injury; r .lso whe ther the injury hns tisr.blcd the workmo.n from continuing the p c rf orm2.nc e of his dutic s; (2) Whether tho 2-. ccidcmt occurre d while the worlana n wc.s cngF.:.gcd in the duti es of his employment, 1:, nd gr ew out of the employment; (3) The n r, tur c of the employm ent n nd the dutie s [,nd bow long tho workm.c.n h2.s b Gen c n gnge d in the service of such employer; (4) Wheth er the o.ccidc nt wo s or we s not duo solely to the culpable nc_gligencc of the injured employe ,:-.nd if so, e. st;;.tomcnt of the f c-. cts; (5) VJhcthcr the injured workmc'..n is ma rried or single; whether he hr-.s c-. dc::pcndent frrnily, c,nd if so, th e n ~,mes of the persons comprising such dependent f 2mi l y e. nd th0 ir pl a ce of residence; ( 6) ·,11.cthcr the injured worlmr.:n int ends to cl r::. im co:mpensr.tion under this ch~ptcr. Sc.id employer's report of uc cidcn t w8Y be m'.'. de upon r-, printed form pre p a red by thG st~:tc trG:.surcr for· such purposes, rand shr:11 be verified r., s plc c. d.ings in civil 2.ctions. Wilful fa.ilurc or nGglcct, on the pc:-.rt of r ny e:r.iploycr whos0 business or occupc.tion is one cnuracr'. tcd c: nd defined herein as being extrc.-h~~. zc·. rdous, to report c..cC;idents c c. using injury to ~my of his employcs, shc'.ll be c. misdc:mcc.nor r.. nd upon conviction such employer shr:ll be punished by o. fine of not exce e ding Five Hundr0d ( -l'i,500. 00) dollr..rs. The injured employc's report of u ccidont m~y be made upon a printed form pr0pnrcd by the st~te treGsurcr for th~t purpose. No order or ewe.rd for compcns,:tion shell be me.de unless, in e.ddition to the reports of 2..ccidcnt, :-:c.n c:pplicotion or clc:.im for c.wc-.rd is filed by the injured workrrfiln, or someone on his bohalf, or in Cf.1.so of de e.th of the injured worlanan, by his dGpcndents or someone in their behalf, v-iith the clerk of the district court in the count,y whore.in such accidents occurred, within ONE T.-~.AR :1ftcr the do.y of which the injury occurred.. Ncithar the reports of ~ccidonts nor cnything the rein cont~inGd. shall cons ti tut G c~ cl:;.im for compcmsn ti on. The employe' s clri.im for compcnsc. t ion mc.y be mncmded c. t r.:. ny timo b e fore r.n originP,l order of :J.wc.rd. h.r· s been .mE:.dc in order the, t tho worlano.n mny correctly set out the ne.t'"' urc of his injury. �·s. F . No. 36 Introduced by .iVIr. Edward T. Lazear I li'OR AN AC'i' to arueml and re-enact Section 124-10:l:, 1\" yum ing Revised Statu tes, 1931, and ~ection J 24-106-7, Section 124-117, Sectio n 12-:1:-120, aud Section 124-124, Wyoming RcYise 1 Statutes, 1931, as amended and re-enacted by Chapter 129; Session Laws of W~·omiu g, rna3, :\Jl relating to th e defi nition of extra-hazardous 6cc:mpations, and to eorn pensatiou fo r inj uries or death resulting from injuries to workmen in accitlc11 t:1 oceu riug m cxtra-haza1·dous employments, aud providing for judicial invest igations of such iuj uries, and making of compensation awards to such workmen, aud their dependent families, providing fo r payments by employers into the industt-ial accideut fund, and r equiring non-resident employers iu extra-hazardous occupations to give security for faithf~l compliance with the compen~!;JiQJ!....law-; ·and - · making the failure so to do a misdemeanor, and prescribing its penalty. Jan. 21, 1935. Introduced, Read first time, ~{eferred to Committee No. 1, Delivered to Printing Committee No. 19. l .. B~ -lt Enacted by' the Legislature of the State of Wyo.ming: 1 2 Section 1. 'l'hat Section 124-104, Wyoming Revisec:l Statutes, 1931, be amended and re-enacted to read as follows : S. F. No. 36--Page 1 �, 1 •Section 124-104 . . The extra-hazardous occupations to which t his chapter is upplica- 2 ble a m as follows: 3 chinery is used; fo undries, blast furnaces, mines, oil \\·ells, oil retiueries, gasoline filling 4 stations and bulk oil stations, gas works, natural gas plauts, water works, reduction 5 works, breweries, elevators, dredges, excavations, tra nsfer compa ni es, ge11eral teaming, 6 general trucking, ditch rider of irrigation tl istri ·ts. sme lters, powder works, laundries 7 operated by power, kitch en employ ees (and waiters, whose employment reqnircs them to 8 go fo and from k1'.-tchens) of hotels, restaurants . and baker ies 9 giueeriug works, loggiu g, lumber y ~rds, lumlwrin g antl sa w mill opcratio11s, 10 street and intei-urban railroads not engaged in iutcrslale commcrc •, building:; bell.lg co11- 11 strncted , repaired, mov ed or deinolish.ed, pai nri ng 01w ratio 11s , 1clcphonc, telegraph, elec- 12 tric ligh t or p o"·er plants or lines, steam hea tin g or pow er plau ts, railroads uot engaged 13 in interstate commet·ce, bridge building, t he oe cupatious of city or town firemen and 14 city or to\\·n policemen, and all employme nt-; wh erei11 a process requiring the use of 15 any dangerous explosives or inflammable materia ls is canied on, which is conducted for 16 the purpose of business trade or gain, each of which employment is hereby determined 17 to be extra-hazardous and iu which, from the uature, conditious or meaus of prosecu- 18 tion of the work thet·ein required risks to the life aud limb of the workmen engaged 19 therein are inherent, necessary or substantially unavoidable. 20 apply in auy case where the ll.ljury occurred before this chapter takes effect, and to all 21 rights which have accrued by reason of any such iu,iury, prior to the taking effect of 22 this chapter, shall be saved the remedies no,Y ex:istlllg therefor. 23 Section 2. Factories, garages, mills, printing plants aud workshops where ma- ~' ,) "' , quarries, en~ 'l'his chapter shall not That Section 124-~06-7, Wyo~niug _R~,~se_d E;tatute~, 1931, as amended 24 and re-enacted by Chapter 129 of Session Laws of Wyoming, 1933, be amended and re- 25 enacted to read as follows: S. F. No. 36-Page 2 , �.1 Section 124-106-7. In this 'c hapter unless the ·context otherwise requires: 2 (a) " Factorie.s " mean any· pr\:l'mises "wherein power is q.sed in manufacturing, mak- .3 ing. al te riu g, adap ting,- orname11 t il1g, finishing, repairing, or renovating, any. article for 4 t he purpose o[ trade or gain, or the business .ca rried on therciu, including expressly any •5 llril:k ya rd, meat packmg hous e, fo undry, s melter, or r r<>duction works, lime-burning 6' µlu11t, stucco plant, steam heaimg plant , eb·lri<· li1,:,ht iu g or power plant, including all 7 works lll or directly connected with the co ns trn ctiou, inst allation, operation, alteration, 8 • l't• morn l or r cpnir of ,,ires, ca bles, switchb oard:; or appa ratus used .for the transmission 9 .of ckctrie current, and ,,atcr power pt:rnt , including- tower and standpipes, power plant, 10 bla st furn aces, pa per mill, printing plant, flon r mill , gla ss fa ctory, cement plant, artifi- 11 eia l gw, pla ul, mac hine or repa ir shop, oil p la nt, oi l refinery plant and chemical manu- 12 faduri11g pla nt; 13 (b ) ' ·'\Vo1·k shop " wr ans any ,vn r d, p lnnt, premises, room or place where powe.1' 14 drirnu mue:hi1H•ry rn empluycrl aud manual labor-is exorcised by way of trade or gain; 15 or otlwrn·ise iJwidenta l to t he process of making, altering,. repairing, printing or orna.: 16 ment iu g-, finish il1g or ada pting for sale or otherwise any article or part of -article, over; 17 whi ch premisrs, room or place the employel' of the person working therein has the rigl~t· 18 of acct'SS or control; 19 (e) " l\Iill" means a11y ·pla-nt; premises, room . or place where· machinery is used, 20 any pro<.'ess of machinery, changing, altering or repniriug any article or commodity for 21 sale. or othc>1·wise together with the yards -and premises which are. a part of the plant 22 including elevators, "'nrchouses and bunker;;, suw 1nill, sash factory or other work in 23 th e lumb('1: .iudu(:ltry; 24 (d )· "lHiue" means any opening in the earth for the purpose of extracting iron, 25 oil, coal, or other minerals and all underground workings, slopes, drifts, shafts, galler- S. F. No. 36--Pn~e }l �.l irs, wells 1111d t 1mucls, and other ways, cuts and openings connected therewith, includ- 2 illg those in the course of being opened, suuk or driven, and includes all the appul'tc- 3 nant structures 0 1· machinery at or abont the openings of the mine, and any adjoining cl adjnceut work IJlace whet·e the material fr om a mii1 e is prepared fo r use or shipment ; 5 (c ) "Quarry " mea ns an.r place, not n miu e, wh ere stone, sla.te, . clay, saud, gravel 6 or other so lid material is dug or otherwise r c111 0\·ed from the earth fo r the purpose -of 7 trade or bargain or of the employer's trade or I.m sincss; 8 9 10 (f ) '' Building Work· , mean an:r wor k in 1. It c N 'C •tio11, construction, extension, decoratiou , nlteratio11 , repair or demolition or a1 1y Jrn ilding or strnctura l appurtewmces; (g) ' Rugine ering work " means any 1r o l' k iu ih,• con ,tr uct ioa, alteration, t'Xten- 11 sio11 . repair 01· llemolition of a railway (as hcrf'iHlJ<'forc l1cfined ) brid gP, jett,v, dike, 12 dam , rcsetToir, nnd ergrouncl conduit , ewe1·, oil or ga s well, nil tank, gas ta nk, water 13 tank or towPr, or auy caisson '\York in artifi cially compressed air, ally \\·ork iu dredg ing, 14 ,\·ork ou log or lumber rafts or booms; pile driving, moYing 1.mildings, moving safes, or 15 rn layillg, r<>pairin g or r emovin g und ergromid pip e~ aud co1111ectio11s; the erection, in- 16 stalling, l'epairing, or r emoving of boilers, f m·na ces, engiues and power machinery (in- 17 eluding belting and other connections) ; and a.11y wo1·k III gi-ar1ing ot· excavating whc1'c 18 shoring 1s necessary or power machinery or blasting powder, dynamite or other high 19 explosive is in use (excluding mining and quarrying); 20 21 22 23 24 25 (h) " Employer " includes any municipality, county, person, or body of persons, corporate or incorporate, and the legal representatives of a deceased employer or the receivt>r or a trustee of a person, corporation, a.ssociation or partnership. (i) ''Workman'' means any person who hns entered into the employment of or works umlcr contract of service or apprenticeship with an employer, except a person 8 . F'. No 36-Page 4 �1 whose employment is purely casual and not for the purpose of the employer~s trade or 2 business, or those engaged in clerical work, and not subject to the hazards . of the busi- 3 ness, or one holding an official position. The term "workman" shall include "employe" 4 •and the t erm "employe " shall include "workman" and each shall include the singular 5 and plural of both sexes. Any reference to a workman who has been injured shall whe~e 6 the workman is dead, incl_ude a r eference t o his " dependent family" _- as hereinafter de- 7 fined , or t o his legal representative, or whe re the workman is a minor or incompetent, 8 to his guardian or 11ext friend. 9 ' ' Dependent families" as used in t his chapter means such m ·em b er s of the 10 w·orkman 's family as ,,·ere wholly or 'i n par t actually dependent upon· the workman for 11 suppor t at t he tim e of t he injury ; if it be shown that the spouse wilfully deserted the 12 wor kman without fa ult on t he part of the · workman, such spouse will not be regarded 13 as a dependent in any degree. No spouse shall ·be entitled to the benefits of this chap·- 14 tcr 01· iufi'ueuce any award made hereunder unless he oi· she shall ·have been married to : 15 the workman by a marriage duly solemnized by a legal ceremony, at the time of the 16 injury. 17 (k) "Child or children" means the immediate offspring or legally adopted chil{i 18 .or children of the injured workman, boys under sixteen years of age and girls under 19 eighteen years of ·agc (and ovel' said age,· if physically or mentally incapacitated from 20 earning) and shall also include legitimate children of the injured workman born after 21 his death or injury. · ·In other cases, questions of family dependency in whole or in 22 part shall be determined in accordance with the £act, as the case may be, at th e time 23 of the injury; the foregoing definition of "d~pendent families" shall not include any 24 of the persons named, who are aliens residing beyond the jurisdiction of the United 25 States of .America, except a surviving widow, or boys under sixteen (16) years of age S. F. No. 36-Page 5 �, 1 or -girls under eighteen (18) years of age, .o r parent or parents, and as to such non-resi-. 2 dent aliens the rate of compensation shall not exceed tllirty-three and one third per cent 3 (33 1/ 3%) of the rates of compensation herein provided. 4 (1) The words "injnries s·ustained in extra-ha.zarclm1s employment", as used in this 5 chapter shall incl·nde death 1·es1iUing from inj ury, anrl 1·nJnries to e1nployes, as a remit 6 of thefr employment and while at work -in 01· about the premises occnpied, nsed 01· con- 7 tr.olled by the einpZ.Oyer, a11d inj1!1"ies occ11ri"in_q else. where wh-ile at work in places where 8 thei1- e1nployer's b1tsiness requires their p1·es e11cc and subjects them to extrn,-hazardous 9 cZ.nties incident to the b11.svness, biit shall no i' i11cl11dc 1"njuries of t he envploye occ·n rring 10 whil.e on h-is wa.y to a.ssume the cfoties of l i s crnploy nwnt 01· afte,· leaving such d1ities, 11 the p1·oximate ca use of which i°nj'l.l,ry is not the employer's negligence. 12 (rn) Th e words "1"nj-nry ancl personal injury" shall not i11cl11de tnjm·y ca1tsed by 18 the wilf'nl act of a thircl person dfrected against an cmploye for reasons personal to, such · 14 cmploye, or beca1tse of his em.ploynicnt ; nor a dis ease, c:1:cept as it shall directly resitlt f'rorri 15 an injnry incitrred in the employment; 16 (n) 17 ing wages. 18 19 20 21 22 "Invalid" means one who is physically or rnentally incapacitated from earn- Section 3. That Section 124-117, Wyoming Revised Statutes, 1931, as amended and re.enacted by Chapte1· 129 of Session Laws of Wyoming, 1933, be amended and re-enacted to read as follows: Section 124-117. Every employer who shall engage in any of the extra-hazardous occupations dcfinecl in this act sha.ZZ, at the time of c01nmencing s1wh einployment pay to 23 the State Treasurer, for credit upon the account of s1tch employer in the indic.striaZ ac- 24 cident fiind, an initiat s1i1n of fifty doUars ($50.00). Every employer engaged in any of 26 the occupations herein defined as extra-hazardous, is hereby required to pay into the state S. F. No. 36-Page 6 �1 treasury for the benefit of the industrial accident fund a sum of mon~y equal to one and 2 one-half per cent (1%%) of the money earned by each of his employes engaged in such 3 extra-hazardous employment during each calendar month of such ·employment. Such pay- 4 ment shall be so made on or before the 15th day of the month following the m o ii.th for 5 which such payments are computed and. paid. 6 monthly contributions as above provided unless his account, after making the he1'. einafter 7 specified deductions th erefrom, shall equal full two_per cent (2%) of his annual payroll 8 computed by multiplying his current month's payroll of workmen, engaged in extra-haz- 9 ardous employment by twelve and shall likew i e be not less thau three thousand dollai's 10 ($3,000.00) provided, however, that any employer whose account is overdrawn shall be 11 r equired to pa.y monthly a sum of money (i ncluding the payments -as above specified)_ 12 equal to four per cent (4%) of the money earned by each of his employes engaged in such_ • 13 extra-hazardous employment during each ca lendar mont h of such employment until suqh 14 overdraft. shall be paid. 15 contributions in the fund, after making de ductions as aforesaid, shall equal two per 16 cent. (2 % ) of his annual payroll, and shall likewise be not less than three thousand dol• 17 lars ($3,000.00). • 1S 19 Each employer shall continue to _make Such employer shall not be compelled to contribute when his; 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 20 as extra-hazardous shall make a payment to be known as a "service and policing charge"._ 21 Such service and policing charge shall be paid by the employer into the state treasu17 22 for the benefit of the industrial accident fund and shall not be credited to the balance of 23 the employer contributing. The amount of balance in the industrial accident fund to 24 the employer's credit shall not relieve him of his duty and liability to pay the service and 25 .. f any calendar month po11cmg charge; provided, however, that no employer who pays or s. F. No. 36--Page 7 �, 1 four per cent. of the moneys earned by each of his employes engaged in such extra-haz. 2 ardous employment during such calendar month shall be compelled to pay a service . and 3 policing charge for such month. 4 The service and policing charge shall be computed on the monthly premium paid by 5 the individual employer iuto the' state treasury for the benefit of the industrial accident 6 fw.1d durin g each calendar mout h, or on the premium which t he employer would have 7 been r equired to pay ha d uot t he amount of the employe1: 's balance r elieved him from 8 t he payment of a pr emium. 9 Th e amount of the service and policii1g chal'ge shall be determined according to the 10 fo llowing schedule: 11 Wher e the monthly payment Service and P olicing Charg·e 12 is less than for month 13 10.00 14 10.01 to 20.00 ....... •............................................................................ 3.00 15 20.01 to 30.00.................................................................................... 5.00 • 16 30.01 to 40.00..................- ................................................................ 7.50 17 40.01 to 50.00 ......................... ·.......................................................... . 10.00 50.01 to 60.00 ..........................................................,......................... 15.00 60.01 to 70.00.................................................................................... 20.00 . 70.01 to 80.00.................................................................................... 25.00 80.01 to 90.00 .................................................................................... 30.00 18 19 20 21 22 23 24 25 ....................................................................................$ 2.00 90.01 to 100.00................................................................................... . 35.00 100.01 to 150.00.................................................................................... 40.00 150.01 to 200.00.................................................................................... 45.00 200.01 to 300.00....- - - · · · · .. ···...................................................... 50.00 S. F .. No ..36.,-Page 8 �1 300.01 to 400.00.................................................................................... 60.00 2 400.01 to 500.00.................................................................................... 75.00 3 500.01 to 750.00.................................................................................... 100.00 4 750.01 to 1000.00 .................................................................................... 125.00 5 1000.01 to 1500.00 .................................................................................... 150.00 6 1500.01 to 2000.00 ................................. ... ...... ,......................................... 175.00 7 2000.01 to 3000.00 .................................... ................................................ 200.00 8 3000.01 to 4000.00 .................................................................................... 225.00 9 4000.01 to 5000.00 .................................................................................... 250.00 10 Over 5000.00 ..........................................................-.......................... 300.00 11 Provided, howeY"r, in that tlie expense of tb e administration of this chapter and of 12 making the collec tions herein fi xed, is greater as to non.resident employers engaged in ex- 13 tr:i-lwzardo us oc ·upations, than such expense obtains t o such employers bona fide domi- 14 cilecl ,ri tbin the .~tate of Wyomiug, t he service and policing charge, upon the monthly 15 premium paid by non-resident employers engaged in extra-hazardous occupations, shall 16 be double the foregoing schedule, as the same applies to resident employers engaged in l7 e:i,i_ ra-hazardous occupations. 18 ,19 " Non-resident " employers of extra-hazardous occupations shall give bond or other scc1:1rity in the :mm of ffve hundred dollars Uli500.00), to be approved by the state treas- 20 urer or his deputies, before starting the work. The contract of said bond or other se- 21 curity shall be conditioned that the said employer will faithfully perform all the du• 22 ties imposed by this act upon .employers engaged 23 promptly pay into the state treasury, at the time and in the manner set forth in Section 24 124-117 of the Revised Statutes of Wyoming, 1931, and all acts amendatory or in aid 25 thereof, the sums of money required to be paid by employers in extra.-hazard0 us occupa- in extra-hazardous occupations and s. F. No . .a~Page 9 �, 1 tions. 2 tions are hereby required, before starting work, and from time to time after such work 3 has been sta rted, to report to the state t r easurer the nature and progress of such work, 4 the location of the same and the number of employes engaged in and upon the work and 5 likely to be so engag·ed for the next thirty ( 30) da ys giving such further and detailed 6 information as the state t reasnrer may reasonably demaHd. 'l'be willful failure or neg- 7 ligence on the part of any " non-r esident" employer of extra-ha zardous occupations to give 8 said security, t o make th e r eports, and/ or t o furn ish the information required by t his 9 section, shall be a misdemeanor, an d upon conYic ion, such employer shall be punished by 10 a fine of not less t han five hundred dollru:s (:i;500.00 ) or more tbau fiv e thousand dollars 11 ($5,000.00 ), recoverable with costs in any court of competent jur isdiction. Provided, how- 12 ever, that " non-resident" employers of ertra-ha zan1ous occupat.ions shall not be r equir~d 13 to give bond or other security for any paym ent oi- payments required of them for . the 14 " service and policing charge" required by t hjs section. 15 section t!Jat " non-resident" employers of ex tra-haza rdous occupations shall give bond 01• 16 other security, shall not apply to "service and policing charges" herein provided. 17 18 19 20 21 .And to this· end, "non-resident" employers engaged in extra-hazardous occupa- And the requirements of this 'l'he term "non-resident" employers of extra-hazardous occupations, in this eonnec·tion, shall be construed as an employer of: labor engaged in extra - hazardous occupa tions, who for the previous twelve months has not been a continuous contributor to the compensation fund as in this chapter provided, and who has uot been ° w O Lona fide domiciled i.11, or a resident of the State of Wyoming continuously for the preceding twelve months next prior to engaging in the business of an "employer of labor in extra- 22 23 hazardous occupation". vVhen any such employer shall contribute to said fund as re- 24 quired by this chapter, for twelve consecutive months immediately prior to the com- 25 mencement within ·this state of the occupation, the requirement to pay double the serv- S. F. No. 36-Page 10 �1 ice and police charge shall cease. 2 For the purpose of encouraging care on the part of the employers and thus decreas- 3 ing accidents to employes, and to the end that each employer shall compensate all in- 4 j uries to the workmen of such employer and not those of other employers, ·. the st[l.te ' 5 treasurcl· shall keep a separate account for each employer so contributing to -saiµ fu:p.d 6 and shall charge against the account of each employer all .warrants paid from the in- 7 dustrial accident fund; 8 (a) \..s cnrnnls for iDjuries to employes of such employer; 9 ( b) In payment of meclical and surgical supplies and medical or hospital attend- 10 11 12 13 14 ance of an cmployc of such employer; (c) fu p[l.yment for inYcstigations of accidents of such employer, or in payment of investigation of mjlll"ies to bis employes; (cl ) In payment of w·tness fees in cases wherein an order of award, is grantedao the employe of such employer. 15 Section 4. That Section 124-120, Revised Statutes of Wyoming, 1931, as amended 16 and re-enacted b • Chapter 129 of Session Laws of Wyoming, 1933, be . amended and re- 17 enacted t o read as follows : 18 Section 124-120. Each employe, who shall be injured in any of the extra-hazardoqs 19 employments as herein defined, or the· dependent family of any such injured workmen, 20 who may die as the result of such injuries, except in case of injuries due solely to the 21 culpable negligence of such injured employe, shall receive out of the industrial acci, 22 dent fund, compensation in accordance with the following schedule, and such payment 23 24 25 shall be in lie-u of and take the place of . any and all rights of action against any eni· ployer contributing, as required by this chapter, to the industrial accident fund in fa• vor of any person or persons by reason of any such injuries or dea th • s. F .. No .. 36-Page 11 �, 1 (a) "Permanent partia·l disability" means the loss of either one foot, one.leg, one 2 hand, one ·arm, oue eye, or the sight of one eye, one or more fingers, one or more toes, 3 and dislocation where the ligaments are severed, or any other injury known to surgery •4 to be permanent partial disability. For any permanent partial disability hei;einafter 5 specifically describ ed, resulting from an injury,. the workman shall receive 6 an aw ard as follows: 7 For the loss of a thumb..........................................................................$337 .50 8 For the loss of a first finger .................................................................. 300.00 i~ For t he loss of a second finger .......... .................................................... 225.00· 10 F or the loss of a t hir d finger .............................. .'................................ 225.00 11 J?or t he l oss of a fo m tll finger .............................................................. 225.00 12 For t he loss of a palm (metacarpal bone ) ...................................... 900.00 13 For the loss of a hand .............................. .............. ..............................1,500.00 14 For the loss of au arm at or below elbow .................................. 1,800.00 15 For the loss of an arm. above elbow .............................................. 2,000.00 16 For anky-losis (total. stiffness of) or contractures (due to scars or injuries) which 17 make the fingers more than useless, _the same amounts apply to such finger or fingers 18 (not thumb) as given above. 19 20 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. 22 The loss of a third or distal pha~ange of any finger shall be com;idered to be et1ual to the loss of two-thirds of such finger. 24 25 The loss ~.f more than the middle and distal phalange of auy finger shall be consid- ered to be equal to the loss of the whole finger; provided, however, that in no case shall s. F. No. 36-Page 12 �1 the amount received for more than one finger exceed the .amount in this schedule for 2 the loss of a hand. 3 For the loss of a great toe ....................................................................$200.00 4 li'os the loss of one of t he toes other than great toe ...................... 150.00 5 - 6 7 8 - 'The loss of more than two-thirds of any toe shall be considered equal ·to the loss of t he whole toe. Tl1e loss of less than two-thirds of any toe shall be consider ed equal to the loss of oue-half of the to e. 9 For th e loss of a fo ot ........................................................................ $1,200.00 10 For the loss of a leg below t he knee................................................ 1,500.00 11 For the loss of a leg above the knee ................................................ 1,800.00 12 For the loss of au eye or the sight thereof ........ ........................ 1,800.00 13 For any other iujury . known to surgery to be perma~ent partial disability, the 14 \\" orkman shall re ceive a sum iu the amo'Lmt proportional to the ext~nt of such perma~ 15 u ent partial disability based as near as may be upon tlie foregoing schedule. 0 16 In every case of permanent partial disability the amount allowed for the injui·y 17 shall be paid in monthly installments at the rate of fifty dollars ($50.00) per month if 18 the workman be unmarried at the time of the injury, and at the rate of sixty dollars 19 ($60.00) per month if the workman has a wife with whom he is living and in good faith 20 contributing to her support at the time of the injury; provided, however, that the 21 court' making such award shall retain jurisdiction of the same until said award shall 22 h ave b een f ully paid, with power to modify . or change t h e amoun t of the award to con• 23 form to any change in the condition of the injured workman, and shall have power at 24 any time during said period, upon application and hearing, with notice to th e employ- 25 er, and a showing of the necessity therefor, to order all or any part of th6 unpaid bal- s. F. No. 36-Page 13 �, l! ance of the award to· .be paid to the injured workman as a lump sum. Where there has 2 been a p·revious disability 01· inj1iry, as the loss of one eye or the sight thereof, one luvnd, 3 on-e foot', or wny othei· prevfou.s permanent disability or injiiry, the pei·centage of disabi"f,. 4: ity for a subsequent foj11.r y shall be dctenninecl by clcd·ncting therefi·om the percentage 5 of the prev ious disab-ility m· in.jnry. 6 (b) "Permanent total disa bility" means the loss of both legs or both arms, total 7 loss of eyesight, paralysis or other conditions permanently incapacitating the workman 8 from performing any work at any gainful occupation. Where there has been a previous 9 disability or injur y, as tlie l oss of one eye, or the sight thereof, one hand, one foot, or 10 any otl1er previous p ct'manent disability or iujury, the percentage of disability for a 11 subser1ueut injury sh all be cletermined by dedu cting ther efrom the percentage of the 12 previous disabilitj or injLu·y, as it existed a t the time of the subsequent injury. When 13 permanent total disability results from the injury the workman shall r eceive the sum 14: of four thousand dollars ($4,000.00), but in every such case the amount allowed for 15 the injury shall be paid in monthly installments at the rate of fifty dollars ($50.00) 16 per month if the workman be unmarried at the time of the injury, and at the rate of 17 sixty dollars ($60.00) per month if the workman has a wife with whom he is living and 18 19 20 21 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 awards 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, "ith notiee to 23 the employer, and a showing of the necessity therefor, to order all or any part o.f the balance of the award to be paid to the injured workman as a lump smn., pro- 24 U npaid 25 vided, that if the workman shall die leaving an unpaid balance of the award, then S. F. No. 36-Page 14 �1 such unpaid balance shall be returned to the industrial accitlent fund and be credited 2 to the employer's balance. If the workman suffering such permanent total disability 3 have a boy or boys under sixteen (16) years of age, or girl or girls under eighteen 4 (18 ) years of age, the guan1ian of such child or children, appointed as.hereinafter pro- 5 videcl, shall r eceive for the use and benefi t of said child or .children, a lump sum of 6 one hu ndred and twenty dollars ($120.00 ) p er year for · each boy under sixteen (16) 7 years unt il the time when each of said boys shall become sixteen (16) yearn of age, 8 allCl a lump um of one hundred antl twenty dollars ($120.00) per year for each girl 9 imder eighteen (18 ) years of age until t he time when each of said girls shall become 10 eighteen (18) years of age ; provided, that t.h e aggregate lump sum paid to said guardian 11 shall in uo case cxceeu four thousan d dollars ($4,000.00 ), aud any ancl all awa;·ds made 12 on account of any such child or children, shall lJe disbursed under a proper guard- 13 ianship to be crcatetl by the court or judge maki11g such award. 14 ( c) " Temporary t otal disability" means an injury wµich, though it may result 15 01· does r esult iu 16 iujured person from performing any ·work at any gainful occupation for the time, but 17 from which injury such p el'son may recover by medical or surgical treatment and be 18 able to resume work; provided, how ever, that when such i:p.j'q.ry does result in 19 permanent 20 ability" shall be limited to the time 21 <lcfinitcly p1·ogrcssive a1id improvement in the ernploye's condition i".s clearly discoverable. 22 ln case of tcinpomry total disabil-ity, if the workman be unmarried at the time of the 23 24 25 a p ermanent total or partial disability, temporarily incapacitates the ° O ') partial disability, then and in that case, "temporary total dis"' " <:) diwing which the process of healing is injury, he shall receive the sum of fifty dollars ($50.00) per month, so long as the total disability shall continue. If he have a wife with whom he is living and in good faith contributing to her support at the time of the injury, he shall receive sixty dollars S. F. No. 36-Page 15 �1 ($60.00) per month, and if he have a boy or boys under sixteen (16) years of age, or a 2 girl or girls under eighteen (18) years of age, and in good faith supportiug, or both, 3 he shall r eceive for each so supported, seven and one-half dollars ($7.50) per month, 4 but the total monthly payment shall not exceed ninety dollars ($90.00) -per month. 5 No compcnsatio11, except the expense of medical attention, shall be allowed for the first 6 seven (7) day:, of disability, unless t he incap acity ex tends beyond the period of tweuty- 7 one (21) days, in " ·hi ch case the compensation shall run from the tim e of the injury. 8 As soon as recovery is so complet e that the earning po wer o.C the workman at any kind 9 of work i - r estored, the payments shall cca;-;c, but in no case shall t he total payments 10 maJc in s uch cas •s exceed in the aggregate th lump sum amount herein specified to bo 11 paid an injUl'cd workman fo r iujuries cau ing l crmanent total disability. 1\ heu the 12 workman has no11-resident alien children whom he is in good faith supporting, he shall l3 r ceeivc only one-third of the sum above fixed for boys under sixteen (16) years of age 14 and girls under eighteen (18) years of age. 15 ( cl) Iu all cases of temporary total disability, permanent partial disability and 16 permanent total disability, the expense of medical attention and of care Ill hospital of 17 the injured workman shall be paid from elate of said injury, the expense of medical 18 treatment uot io exceed 011c hunclred and fifty dollars ($150.00) in any case and the ex- 19 pcnsc of care in hospital not to exceed one hundred and fifty dollars ($150.00) in any 20 case, unless •under general arrangement the workman is entitled to medical attention 21 and care iu hospital, or the employer furnishes adequate aud prope1· medical attention 22 and hospl· tal facilities to his cmployes i provided, however that no b'll 1 23 ical attention or care in hospital shall be allowed or paid without notice to th 24 er and a hearing if requested by said employer. The state treasurer shall have tl ' f or ee for med1 c emp oy1c pow- 25 er to establish a schedule -fixing the fees for which all medical, surgical, -hospital or s. F. No. 36-Page 16 • �1 other legalized forms of treatment rendered to cmployes under this section shall be 2 compensated. Each physician or surgeon attending ,a workman injured while engaged 3 in extra-hazardous occupation shall :file with the clerk of the court of the county with- 4 in whi ch such injury occurred and with the state treasurer, under rules to be pre- 5 scrib ed by t he state treasurer; a full and complete r eport · fully .describing the nature 6 of the injuries to such workman ; provided, that such report shall not be required 7 unl ess th e disability r esulting fr om such injur y lasts through the day or the injury re- 8 <1uires medical services other than the ordinary first aid treatment. Any physician or 9 surgeon fa iling to file any. repor t as herein provided shall be punished by a fine of not 10 more ihau fifty doll ars ($5 0.00) . ·where d eath r esults fr om an injury the expense of 11 burial sball 'ue paid not to exceed two hundred and :fifty dollars ($250.00) in any case, 12 rml ess other arrangements exist between employer . and employe under agreement. . 13 (1) Dut if t he workman leaves a widow or invalid widower, to whom he or she 14 has beeu regul arly ma rried by a marriage duly solemnized by .a legal ceremony, provicl- • l5 ed, it shall n ot be made to appear that the surviving spouse w~s at the time of the work- 16 man 's death separated fro m such spouse by 17 such surviving spouse shall receive the sum of two tho-usancl dollars ($2,000.00), but 18 in every such case the said award shall be paid in monthly installments at the rate 19 of forty-five dollars ($45.00) per month, upon proof made to the state treasurer that 20 such surviving 21 award is in favor of an invalid widower, then and in that case, proof must be made 22 to the state treasurer·, befo"e ... any monthly installm en t 1·s paid' that the said widower 23 is still an invalid. Provided, however, that the court making such award may upon ap- 24 P ica ion and hearing, with notice to the employer and a showing o1 t e nee s 25 f r t· '~' ,;;, '~' ,:, '~' ,,, the famlt of the siirviving spouse, spouse is still living and has not re-married. In ease the h e sity there- d b aid to the survivor, or er all or any part of the unpaid balance of the award to e P s. F. No. 36-Page 17 �1 ing spouse as ~ lump sum. If the surviving spouse shall re-marry before all of said 2 award has been paid, then he or she shall only be entitled to receive the sum of two 3 huudred and seventy dollars ($270.00) out of t he unpaid balance of said award, and 4 fur ther payment shall cease, and auy 1.Jalance of the award shall r evert to the de- 5 pendent children, if auy t her e I.Jc ; and if th er e be no d ep endent childr en the _unpaid 6 balance of 1:mch award shall r eturn to t he general fuud and th e same shall be credited 7 t o the employe r 's balauce; if t he surviving spouse shall die be.fore all of said award 8 bas been paid, then the uupaicl balance shall r evert to tlle dependent children, if any; 9 if no dependent ehlldrcn, then such balanc e shall r evert to th e general fu nd and be 10 cr edited to the employer's bala11ce; provided, in any case, where the sur viving spouse 11 sllnll r e-marry or uic befor e all of the award llas been paid, the r emaining balance shall' 12 lie paid to t he surviving de.pendent chllclren in t he followin g manner ; in ascer taining 13 the amount to be paid to each surviving child in t he case of niale children, the age of such male child shall be figur ed from the time of the death or re-marriage of such sur- 15 viving spouse w1til such male child attains the age of sixteen (16) y ears and in the 16 case of female children, the time shall be figured from the time of the death or re- 17 marriage of such surviving spouse until such female child attains the age of eighteen 18 (18) years, and the unpaid balance of such award shall be clivi<le<l in each instance 19 by the number of months between such periods of time. In case of the death of any 20 of such surviving children, the portion of such award made payable to such child by 21 shall be divided among the surviving · chi'ldr·en pro rata ; provided, tlle teI·ms 1.er·eoc u 1. 22 further, that if all of the surviviug children should die before the unpaid balance o£ the award is entirely distributed, then the remaining ·undistributed portion of such 24 award shall revert to the general fund and be credited to the employer's balance; 25 provided, further, that if it be shown that the surviving spouse wilfully deserted de- s. F. No.. 36-Page 18 �1 ceased without fault upon the part of the deceased, _such surviving spouse shall not be 2 regarded as a ·dependent . in any degree, but in such case the right of boys under six- 3 t een (16) years of age and girls under eighteen (18) years of age to compensation shall 4 not be defeated. If said workman leaves a surviving ' boy or boys under sixteen (16) 5 ye~irs of age or girl or girls under ei ghteen (18) years of age, the guardian of such 6 chikl or childreu appointed as hereinafter provi ded, shall receive for the use and 7 benefit of said child or children, a lump sum of one hundred and twenty dollars ($120.00) 8 })Cl' yea r for each smviving boy u11der si:x: tecn (16) years ,of age un til the time when 9 • each oE said surviving bovs shall become sixteen (16) years of age, and a lump sum 10 of one lnm drccl ancl twenty tlollars ($120.00 ) per year fo r each surviving girl under 11 eigllteen (18 ) year · of age until the time when each of said surviving girls shall become 12 eigl1~ccn (18) years of age ; p r ovided, that t he aggregate lump snm 'paid to said guardian 13 shall i u no case exceed t hr ee tho usand, six: hundred dollars ($3,600.'00). In all cases · 14 " ·here an or der of compensation is made on accoun t of -b?YS under sixteen (16) years 15 of i1ge, or g·irls under eighteen (18) year s of age, or both, or to per'sons incompetent, 16 said fund shall be disbursed under a proper guardianship to be created by the court or 17 judge making such an order. 18 (2) If the injnrcd worlcnian die during the ver-iod of temporary total disability wnd 19 after 1·eceiving compensation theref01·, as herein provided, ·and his death be shown to have 20 resitltccl frorn siwh 1'.njiwies, the widow and the g11ardi(lln of the workrna1i's boys muler (16) 21 years of a.ge and girls mider eighteen {18) years of age shall be entitled to an a;wa,rd be- 22 . provided, . cait.se of the death of the workm,an as herein b1tt t'M t 0 tal (llmount of payments 23 in excess of two thousand, foiw hundred dollars {$2,400.00) received by the inj10'ed wor1,- 24 1na.n during snch disabil;ity a,nd prior to his.-death shall be ptop01·tio11,0,tely dediic-ted from 25 th e airnownts he1·ein provide<]; to be paiid to the s'!trviving wiilow and the g·ita1·dian of th e s. F. No. 36-Page 19 �1 workman's boys nnder sixteen (16) years of age and gfrls under eighteen (18) years of age. 2 (3) If any woi·kman die within one year from the <late of receiving an award for per- 3 manent partial disability and his death be shotv1i -to have resnlted from the injiiries f 01· 4 which the a.ward was gr<11ited, the widow and the g·uardian of the workman's boys iinde,· six- .., t een (16) y ears of age, and girls under eighteen (18) yemrs of age shall be entitled to an 6 a;wardi because of the death of t he workman as here·in p1·oufrleiL, bnt the amount of the 'i payments received by t he i11.j,u,red workman prior to his clcath shall be propo1'tionately S d ednctecl f1·01n the amonnts herein providecl to be paicl to the snruiving widow and the 9 gual'dia.n of t he workman 's boys 1mde1· sixte en (16) y cai·s of age and girls imder eighteen 10 (18) yea.rs of age. 11 ( 4) If any workmwn die withvn, two y ears from the elate of receiving an awa;rd fo1· 12 pennane·nt total disability and his decifh be shown to ha ve res11lted, fro m his injiiries, 13 th e wiclow of said worknian shall be entille cl fo cm awarcl because of the death of the 14 workman as herein provided,, bitt the ammmt of the vayments received by the injii1·ed 15 workman in excess of two thousand dollars ($2,000.00) prior to lllis death shall be de- 16 ducted from the amonnt of her award;. 17 18 19 20 (5) If the workrnan lea;ucs no widow, or widowc1·,. or boy itnder the age of sixteen ,(16) years, or g-irl mider the age of eighteen (18) yea1·s, but leaves a pm·ent or parents sii.rviving, siich surviving parent or parents, if living in the United, States and actually dependent ii.pan hint for s1ippo-rl, shall receive fifty per cent of the avemgc monthly s1ipport actiially received by snch parent or parents from the w01·lrnw,n during the twelve 21 (12) m01iths next p1·eceding the ocwrrencc of ~he injiwy, to be paid in monthly in- 22 stallments as the co1irl mat1J fix, not to exceed fifty dollars ($50.00) in any one month, 23 24 25 b·1tt in no case sltalZ the award ea;ceed the su.ni of one thotts(J//1,d, five hundred dollm·s ($1,- 500.00). s. F. No. 36-:-Page 20 �1 Section 5. That Section 124-124, Wyoming Revised Statutes, 1931, (amended in Chap- 2 ter 129 of Session Laws of Wyoming, 1933, but not expressed in the title of said Chap- 3 ter) be amended and re-enacted to read as follows : 4 Sect ion 124-124. No money paid or payable under this chapter out of the industrial 5 accid ent fund shall, prior to issuance and delivery of the warrant therefor, be capable of 6 being a ·signed, charged nor ever be _taken in execution or ·by garnishment, 01· shall the 7 same pass to any other person, by opemtion of law, e:ccept as permitted by subdivision 8 ( 1) of varagraph (d) of S ection 124-120, R evisecl S tafates of 1-f' yomin g, 1931, _Any such 9 assignment , attacl1ment, gar nishment or charge shall be void. 10 Section 6. This a.ct shall be in full force and effect from and af ter its passage. 11 12 13 14 15 16 17 18 19 20 21 • \ 22 23 24 25 S. F. No. 36-Page 21 � 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 Legislation regarding worker's compensation 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 Bill, Wyoming Law, Worker's Compensation Description An account of the resource Large stack of paper, multiple bills bound with a metal binding. Legislation regarding workmen's compensation. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource Committee No. 17 Identifier An unambiguous reference to the resource within a given context 1-0201 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/e17e7e2fe6fe54e586c55f0f1640feae.pdf b2ad683a26a48d14b17d48ea90269a29 PDF Text Text 'J -:: p y Sept . 29 , 1931 . ,JI!>., : ·r • G. ~ . Prye.lo : ns tile very sorions i ..~t•.ry to ·i· . ::.urin_ko, the to·~ul foaths this year , ------- �REc:n,ro SERI()US INJURY TO MIKE llURINKO • JR. I DRIVER ~ENTRY, m..8 UINE I "SEP 2 8 7931 - - . : : . . ~~GE11 ROCK SPRINGS, WYO., SEPT. 21, 1931 !'!J.ko llurinkQ, Jr., .Ame·rican, Age 29, married, ,1i!'e am 3 children, (·~he children ranning in nge from l io 5 years) a driver in Rock Springs Uo. 8 UL110, '\'Tae seriously injured at 9: 30 p .M., September 21, 1931> uhen 3 empty cars ran over his loft ~ ard !oreal1!l. He wns imnediat ely taken to the \'Tyoming General Hosp! tel, end the o.rm amputated between the shoUlder and. elbow on September 23, 1931. It is approximately 1400 feet trom the main slope to the first work1q; place on 2 Entry. The entry is wide Sld 03:-ean 'Oith no timbers e:x.aept on the parting at the slope, ' end the inside oroas over or by-pus -qhich is oross barred and center posted, there being scco heavy groum on the inb,a end of tho crosa over. Clea,rance is maintailled on tho high side of tho track the entire length ot the entry, anl at the cross overt clenraliCe is maintained between the two tracks. Just outbye the inside cross over, there is a stllll.l Silo.mp. At the crest or top of the swan:p, there ia a switch for t.he high side track o.nd inbye thia switch the cross over is center posted. Evidently 1 when the tlllle .came to the high side track, :instead of going on the 10\'./ side t?'aak, it turned to the high aide azrl the sld. tch \7as th:rown for the low side. !like emeavored to jump off the oar and turn the muie before knocking out any or the a enter po,ts, and in some manner he slipped anl fell. Before he could get 1n the 0lenr 1 the three cara passed onr bis arm. �- 2 ni:Ls accident has disabled lliko for tbe rest of his life. If evory drivor knew tho h&iardQ that are - oonnoated with haulage and be always w.ert, auch injuries could be prevented. DON'T 'l'JKE A (}{A?CE. PRAOTIOE VlGlLANCE AND OAUXION All/Al'S. v. e. mJiflAt SA.'li'Ii:TY li:NJI!'rimll. �'1 Ur-. ~~o . :01.uUtte: Uoi~.Jrh ~ '·'• mr rD¥ ' D .r ~oi't on the o.cci.tlont to . Anthony :~ t.;(. u, :which •nuld oeep 'tQ. 'bQ fill m1nvoi.6ebl.e ono . : .:.. . :?itaon 1~~-..ui:.;t.i in o. V'orJ/ ooriouo. . . ·~<>~ tion. 1.ha docto: , c.ro unnhlo to:..dQp:t4tcl7 c-wn:,in.~ p.~ ~;~¢ time ~: o:.: iont of hio . ~ .ta:; _!,•_:.., inJud .:.... . r.. . ':..: ... ;c,:l > ~{..·;1th ,:r• . ·J:·,;:~_. 'Q 1•eport on tho \ r,.ocidont to · :..•·,· : ;;_:·-~-~- ~-- : ::·. • ·.i~· , ; . • · :· , . cono ovor tb:J.c very · L- .. ;; the cnr to Cl_) - ~_ .. _ r ulo. ,JJ.:'.':_ } t1 • ·J :· novoro aocitl .<,.; . inJW'ieo • but it. \'!Ould .:i~ ,..J ' :toll on tho mil. -tho ··:•. :itoon an.y yet die of tda ~ ~ .'. ffioul.t , in ctud aoe ~1<) ; t ho7 could hnvo ;J., .: avoidod o:x.o ept tq nol'o OC!J'? I OU -~, _. , n O ~ the r:· : .r:J;~• ·'·,I,r_,1::; TOil• OrlJl'IDal 8iraed: GEORGE B. PRYDE �SEnIOUS IllJUllt • to ~~ JJlJRDKO • J!t. • OOIV.tm 2 lmmY, tt>- 8 !1XW T~OK $1'fil.NJ'J ~ r,m ., 5f~PT. 21; 1931 lalto Ut.wWo. Jr-,. i'11loricnn, ~ 2.9• ma.rrlod;. wife am 3 ohildten, (the ohildren ra~i~ in nu-e t-rtltli l 10 S ya€U"ra) a drl.v"· in rlC>ck n»t-1~ no. O mno, ws earl.oualy injura<l. a.t 9i30 P,,.l; . ~ S~t•be~ 21, 1931, lthen 3 tmpiy ca.ro t'l:ll1 oven~ hi.a loft ~.n am foref11t4,, / __ _ _ He mw im.ed!tltely taken to the t7tmd.no Oonoml lloq>J.t$11 mid the tll"tt mpiatatea betwot)n t:11& shoUlder .:mcl elbQW o:n ~t•bet- 23, 1931. Xt is q,proximaiolq 1/00 teBt- fWrtt the: ~ elo:t» tc ibe tin,* 'WOiti.~ pl.an on 2 Exn•J• 'l'h.o .e triiy $.tt '\ddr; ttid clean tJi~h 120 tiabel'B. uoapt on tba ParUnu a~ the tlope, Md. the· inai® o~s oiror or bJ'-pUI tdJioh is o.roas bNTG4 a.."Xl ~enter poot•4, thftNJ being O(ljO hea."f)" groua.t ~n -&he inbJO tmd of tbo croao. :owr;-.. Cl91!lft1Y10e ie anlnta1'1ecl on the h1Gh nidG tJ -thr> tl-®k the e.UR laaglh of the dty • am at- tho Qrt,;ss o•r, eleatano.~ ia mintaJ,n~ bmeGD the•• tl'd.Olte...h$'L Ol.(tb)D the 1rasiav--ero0$ Q".ie,. thcNJ 1a ~ errtll-1 swcmp. M the on,n or top ot tho a-.i:p. thoi-e 4.a a s'llit.di to1! the. h1gh . ' aide ttaok Qnd :tno,e thJ.a $Witoh the orooa '1fer ·5.e c~l'it.er })Cd~.• E'ti. .17, llben tho 01.'tl.o, ouna io tho -hlgb a14e -track• 1JS&t•i'¥1 of c;olna o~ th• 1® side tmok. it turnect u ~ !t~h aide nm tho n~tlh wu •••_t1u• thtt l!!__~_!y ~ emeavoffd to J~ ·o ft th, anr- nm turn tJlt'J r.lllo bttoNt Jnaooklng otrt MT ot the oenter po:.1 ::i, Md 1n i1Qmo l'.lit:mnOti he lllppl4 an:l l•U, .a.tore he col,ild gtt in the el•ai-1 the ~ e cnre p•tcl o~l" bl• af'l!u �- 2 Thia o.octdont has ttipabl.ed l.itko tor tho .roqf, ot hio l.f.te, lf rJVor:, drivo:r lcmv thQ ll&1eJ'dQ tbat ·t.u-o oonnootod t1ith haulege and be al.Wfl1• el.art, ouch inJurl.os could bo prewnt.cl, DOlJ'T" T/KE A CJl/Jtrn:, PZVtlTXOE VIGILAUOE Atn) OAU:~ZOH v. o. tnma s.AiL"l':t 2mx~mn~ � 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 Letters regarding serious injury to Mike Murinko Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1931 Subject The topic of the resource Injury, Accident, Worker's Compensation, Mike Murinko Description An account of the resource Small stack of thin paper attached with a metal binding. Letters regarding a worker's accident. 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 Eugene McAuliffe, V.O. Murray, George B. Pryde, Identifier An unambiguous reference to the resource within a given context 1-0200 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/94d0defa1fe36ae757f9488434a1c0b5.pdf 4953b295581c17eafff3d5ae509816ff PDF Text Text ' L:l.!1:iCRAl~ W M F GR FILE #184 .- CCMi-'"ENSATIOi\J. H. J . Har rin gton a ppoint ed Supervisor oi uanpensa:tion Eff e:t ive Ar,x·il 22, 1925. c,f f ice C'f Superv iso r of GOJUpenso.tion abol i shed ~ ff e c.; ive ri·eb m ar: y l, 1933, tlle vi ork of -r. na.-r. off ice ucso r tect oy Anna Bni ru, Clerk in off ice cf I . .N . Ba yl ess , Jtss i s•i;ru1t uen erul 1:.anuger. ~ li. J . fi.ar r in.;t on had cllarge of repcrt s of Ac ciae,rt s and (.;om penso.tion reports for ti1e years 1925 to 1932, Inc. � 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 Memo for File 184 - Compensation Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1925 Subject The topic of the resource Worker's Compensation Description An account of the resource Beige piece of cardstock detailing who will take certain positions within the company. Based on the small hole in the upper left corner, it seems it was attached to something else once. Type The nature or genre of the resource Text Identifier An unambiguous reference to the resource within a given context 1-0199 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/6a5e3fa27ad139c20bcca0559a082692.pdf c8400380c16663071c28d08e7c808636 PDF Text Text 1-1370 Ro ck Springs l:r . G. B . - July 3, 1934 I Pryde : I return herewith , copy of 1fr . Hulsizer's letter , File Uo . B-6 , which you banded me this morning. This letter deal s with the JOmpliance by lessees with all requirements of State Workmen's Oompen- sa. tion LaYrs, referred to in Irr . :.IcAuliff e's letter of June 25 . As stated in the last :paragraph of I.Ir . Hulsizer' s letter , we can attend to that pa.rt of this matter pertaining to coal mini ng leases on which r epresentatives of my office make peri odi cal examinations. -;A~ ✓ vt(~ �File: B-.s Omaha - June 27, 1934 Referring to Mr. MoAuliffc' s joint letter to you and of June 25th , euggest1ng tha.t lessees o'! our mineral pronertiee p ~tioularl y 1n the s~at~f --wv:ami•ng , be oheoked Up to s ee that they are nlting payments required by the Workmen ' s Oo ensa.tion Law. 1 Section 15 of our struidard oil and gas l ease reads ae follow : "The Les~ee , in the operation and develop ent of the rights hereby granted , shall be eubjeot to all applio ble Fed ral ena.otments and to tbose of the State 1n wh ich a id pre ieec :..re located , 1nolud1t1g those =relating to Employe~s• Li bility , Workmen ' a Coa:penaation and workmen• s In surance; and ea to hold the Ra ilroad Co any har less from and to in e nify it against the payment of any and all 'damage , claims , coats and expenses due to the existence of such enactments , :.nd from and against any and all demands, ooets and expenses in connection therewith under any asserted right of aubro tion pr·y1ded for by said ~nactmente or otherwiee o" Thie clau e would seem to protect us as against a solTent lessee . I do not mow what situation,~ would be in, bo e••r• •1th respeot to an insolvent lessee who had not met his obli gations under the 'iorkmen •s Co pens tion Law. We have iailu but· not identical proYisions in our ooal· and other 1n1ng leaaee. If you think we should follow the suggestion in the laet paragraph of Mr. ¥oAul1ffe 1 c letter, I will advise the Audit too ok this ~tter up a t the ti he oheoke the royalty pa111ent with respect to producing oil and gas propertiee a nd with respect to 1 ■ es on mineral lands other tl1an coal on which t here is production. Since Mr. Pry4e ' s men make the current oheoks of royalty paJllents under all coal mining lea e , I belieTe he can handle the ituation in ofar as they re concerned. In the case of oil md gas and a ining leases other than o oal on wh ich drilling and ■ ining operation• aay be in progreae, although there ia no production. this depart• nt 1'111 undertake to write directly to eaoh euch l e&eee and aak the■ if they are co plying · 1th the require ents of the Wor kmen ' s Ooapenaation L&w. Will you pleaae ad.vine. ' cc- 11r. Eugene MoAulif:fo, / Jlr. Oeo. B. Pryde . 0 ~J-~: I \ I I\ z . / .◄ l �I _ . -:;~~-~~.:.. • -i., ., _1 reeantly of ,,oo.J. ____ 7 ~~ , of Ltibor 81ld Industries in tho Stato ot :.. ~'!l __ under the usshingt · Yi.VI that omers ·-~ .. ..!. ~ presume tmber and. other px-opoll'tios, u1ll bo hold responsibl.e for n."-UA~-wu.~t of maneyo due under tho .. II~ - J.~ •o c,. ___ ~--- t10?1 _., of' that state, tho Li DPthem. Pacific ... ~::1:.,- :'. recently oampellod to pay m1bE1tant1a1 muas fw acccant ~ • certain of th.oil- tonants . • .'~: NSp<:nalb1llt7 • fdled to pay• , ..· ~ ---: of minora.l. lands 1.n tho event o.f -- ·, I Wnlr ·2_C.,_ r \10 shollld. teh all of ~ ts under provJ.dan. . all oontl.98.Cts roq~.!ng that the sevor 1 c1>1anet1l>U1t1es :.::...~ 11nbil1t1es of the sta.to l.a\'18 bo oazi- -=:. � 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 Communications regarding worker's compensation laws Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1934 Subject The topic of the resource Worker's Compensation, Legislation Description An account of the resource Small stack of thin papers attached with a metal binding. Letters regarding worker's compensation legislation. 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 Frank Tallmire, W.H Hulsizer, Eugene McAuliffe Identifier An unambiguous reference to the resource within a given context 1-0198 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/93a53d1b1c8e3b0ce6d65d2c62147277.pdf 017a1f251654d65ba129b91dfa5893a7 PDF Text Text /- SPECLJ.. Fn.E 184 . - ... •· - Oompensat ion See F ile #214 fo r ''MEJDICAL ADVIS<RY BCARD \ . II FII.E . �f n1; i=l . ~ l t ' = ~"-=r =i.t.,_,. • Rook Springe, ll_m-il 18, 1936 r:r. T. H. Bu·(ilo '• . I.1.F. r.r. Hiol.o ~odill lir. I.lr. Lr. i)'. ..:100. A• Drurr..i o. G. Slmr1·0i' Uill you p 10 ~ 00 notify iho Union Officiulo that aey chock-o:?f \Jill be quostiowz.d OJ~o0pt -~l:loso covering doctor nnd hospitul bon0Zits, v. ion duos aind inourunc~. If othex> Homo ::u-0 turned in for l>of c:ro :i.-'.i \Tlll be cllot10d. ,- . M. - . Ad! 2 2 ;~,/'6 r. lJ. Bo.ylecs �'i i r.'.fr. T. !;r. P-,,, ··...S • Li. li'. H. Bu·Uol't"' . ,.,, Uodill v. H1.clm &~. G00 0 A. E"Ot'J ~ ...Tt__p . o. G. t1hnrx, Cl!' m~ 0l~o u,ti~h i0 no·~ EXTRA COPY - N FILE .. -..---..--. .....·---.... .,,,~ ORIGINAL ON FILE fl.lo, . ; ----..:-:, -· �File 011-311 Vol. Omaha, April 11 9 Wi.ro Go B. Pryde: Yours of April 9th on workmen's compensation and mak- ing payments to Dan Pa llie: I am in a ccor d wi th the in s tructions given by Mr. Bayless to Dro Arbo ga sti, ioeo.9 t ha t the joint agre e me nt should be carried out, which pr ovid e s in Section 62 9 Page 14: 11 Doctors will make al l re o orts re quire d of them b y t h e Vi ork ments Compens at ion Act 9 a nd a ll r ea sonable re p ort s t h a t may be r eq uir ed b y the Hospit a l Com.mi s si on or t h e C ompa n y o11 There is no ·r ea son whatever for fur n ishing reports t o men li ke Ml·. Pal lie, or even t o the Union. c ormni ssi cn repre s ents ~he meno The Hospital · �Ro ck Springs - .A.t.Jril 9, 1936 !fa . }3,...tyl A3EJ c'.dvi s e s me this afte1.''l10on that our 1 J: i,/ Jn:..d ~ h · nr-f}: G ·.ORCiE E. PRYfH A. M. 0. APR 10 ·1935 �-qeliance, ·:iyo. A:pr il 2, 1936. / ·1.- . l'ir . I. iT . Bayless: Yo1.1r l et t er I-.:nrch 19th . As far a s I a an f ind out the re has been no check-of f m~de by the Union for Compensu.tion Legislation, neitr.er do I beli e ve u r Local h a s contracted ·.nth ;,:r. Palley t o look a fter c ompensati on, ho'.vever , this is something that is pr-e tty hard t o deter?:. ine unti 1 sucb a tine as the Local mi ght ·:risb to release the i nfor c ,., ti on , in c ase they s.'1ould be fi gur ine; on it. :my t;:ilk or rumors in r ~gr ::1d to the plan. .,...:. I • 0.., . .· l have not heard of l ·i l I I I �· · ""',::- ... , ' -t,) . p r Su ,e rior - l larch 27 ,1936, Er. I. IJ. Bayles s : I n a ns ~ er ·t;o y our let t e.r of Jia rch 19 th, 19 3 6. ·.1e 112.v e be e n una ble to f ind. wher e our Loca.l Unions are t u rni ng i n ,_ ny check off f or c omp ensation le g isla tio n n or ha ve vi e b een e.o le to find of a ny action being t ak en a long t hi s l ine f or 7Ir , I o.l ley . ?o, ll ey s pe nds q_u i te 2. lo t of tiL.1e u p her e as I understa n d. he is und.er contra ct wi th t he ? ock Sp rings Fue l Lo ca l Union a nd n hich c ives him an opp ort u.vi ity to q_uiz into our co mp ens a t i on ca s es through our 1aen. Our Do:ctors have been informe d t ba t ue have h::.ve no business v1 ith ? a ,J.le y either directly or indirectly. A. M. O. MAR 301936 �Rook Springs - March 24th, 1936. 0 Tutr. r. N. Bay lass: Your latter of the 19th, inst., relative to check off by Local Unions: ue keep a close check or items turned in on check off of Local U11ions, and to the be at oi:" our knowledge, nothing is checked off for purpose of "Compensation Legisla:tion" • From what I can learn f rom talking rith a number of the men, there is a movement on foor to pay Mr. Palley to look after compensation cases and a small percentage of the men are in favor of the move. A. M. 0 . APR 6 1936 �Winton - :March 23, 1936. Mt'o Io No Bayless, In reply to yours of Lla.rch 19 9 1936 ('onion Check Off} I understand that Mr o Dan Palley has on sev eral occasions called upon the local her e, en deavoring to have the m employe him as their compens a ti on a~nto .Again it is only that very srrall minority that is in f av or of th is a nd I a m informe d that he has been gi ven little or no consider a tion, and is r ather derisively referred to by the union oon as " the one ma n comi tteeivo \'le will endeavor to r::a.tch the check-.off closely that no irregular deducti on be m de. A. M. 0 . APR 6 1936 �J:-1:;i nna- March 20th, 1936. Ur .I i,i Ba yless: No ~ t tmnpt hr-.s b een made -~o collect anything but r egul.a.r dues on ' ":mw. ch ecko ff . No a ssessment rrill be IJIB de for Coi:1ponsa.t io n Legislation, ne ither Ei ll Er . P~. llc y r e cei ve r, ny a i d fr om h er e , a s the ma jority of our men are oppose d to Pa-lcy ' s polic i es~ -~ / ,J. ; ,~ ~ V l / ~/ - A. M. o. JWR 6 1936 �, ....,-,.. ,_::. .~~·: -~. . L.~~) q r ~•(;'"' o • ·o. I\. ,f.) \" l {.) ,.1\l,_ t) . ,.L.. ;A\-; •, :.~ - t!2. c, ✓ r1.~\•;YJ.~~., ----- .i£:-S: •. ,. . [_.;.l ·::l;"~-~ ~Lt'" " ~ ~ \~ \;:.:.") c. ~~ .. AJ;J ) 1 # _ _ a t .,_,.. ..., . :_,.; A. M. 0 . JWR 6 h.86 � 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 Special File 184: Compensation Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1936 Subject The topic of the resource Workers Compensation, Letters Description An account of the resource Small Stack of paper attached with a metal binding. Letters regarding compensation after accidents. 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 I.N Bayless, George B. Pryde, Eugene McAuliffe Identifier An unambiguous reference to the resource within a given context 1-0197 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/a14d15846b5c58fc60bf4c2c7f81a0cc.pdf 612263c636df1e58ac7a0ee49956edeb PDF Text Text - -- --------- • RC ,r1r i- o / JUN 3 ~ ·1931 Omaha - June l, 19310 Mr. -G. :a. Pryde: 1/ Yours of May 28th with copy of Mr. Harrington 1s letter regarding claim of John E. Remitz, refused by Judge Tidball. In a broad fl8.Y we should undertake to be even more than fair with men receiving injuries in connection with their work as covere~ by the Compensation Act, but where men attempt to prosecute fraudulent claims, we should leave nothing undone to defeat sameo I am thoroughly in accord m.th the letter written you by Mr. Taliaffero under date of May 26th. �,c:-1:L-' 3 oo n_,_ Cntk.t i on co.oo , ~i_n-l of coo._ . 01•i::r1no.l Slgced: GEORGE 8, PRYDE �Rock Sp rin g s - :May 27, ~ [C El \h:J) \f\!j,_Y 2, 8 1931 Mro Geoo Bo :P r yde: hl! £R \ Gc~J;:PINn;:_,_.J '.!ith r efer enc e t o the John E . Remit z comp en sa 1., on case, · ,lo:tkrnrm ;_-,ra 3 inj ured in I i n t on lfo o 3 lEine • on the 5th d a y of J une , 1 930, be i n :; stru c k oy trolley 1:ri re and fe.. 11 of r o c k o On F o vernbe:c 6 ,1 930 , h e -r.a.s a,:.rarded compens ati on in an amo unt of ~:l l00 00 , i n pay1nen t f or tem::9 ora ry tot a l disab il i t y - t ,.-, o mon th s 0 a t ) 5 0 . 00 p er month . He a l s o c l a i rne c~ p e.r:manent partial dis"" o i l i t y e qu2. 1 t o 1 4 o 5% of t~1e l os s of t1e ri c;flt ey e o Th.:.. s cl a i m \7as disputed by u s on 2vc co1..m t of that part of t:he stan ~2. ~d method app roved by the • Arneri c c.-,,n J.~ed i c a l i- s s oc i e.t i on for tn.e mee.su:.en:ent of e y e inj u ries . ·'.'.'!l. i_ch :provi des 7 11 Th e best c ent r 2. l visu..,, l 2,c ui ty obta inable J:i th c o;•;~e ctin r.: lens es shal l be u sed in det e r mi n i ng t h e de g r e e of visu::.l effi cie n c y o 11 '7oz-la.112:.n' s ri c-ht ey e v1ithou t lenses s :·10·:.,ed a visua l eff icie ncy of 8 5. 55i 1Jut Y: i th correcting lenses Th e runoun t of c ompensa tion involv-e d in t h is particular c2,se n as ve r y sr!l.8,11 but "i!e a re h a ving to dispose of so many cases of e y e injury t hat Lr . Tali2.ferro i:ra.s of t h e opinion t h at 1:1e should ~ llow t h is case to go to trial. Dr. Vi2.nner, our local eye man, testified that vrnrlana.n's v isua l efficiency of the Fi ght eye, uncorrected, ·::as 85. 55'b of norrnti. l but vrith correcting lenses his visual efficiency vras n 0n 1.al, and on this testimony .Judge Ti db2,ll decided that there was no compensation due y,:orkman for h is injury other than _t empore.ry total disability, 1:rhich had already been a1:.rarded him. �-2- We have one or t ·!: o oth er eye c a se s 1:1:bi ch -_ _;i l l come v.p s }rnrt l y for settler.1e11t and ·::ill ~,dvi s e you 1~ e ,,,e, rcl ing the disp osi t i on of these c a se s . �t'i' . ·t . S . iel i a f v ~ -~ (; , J ,, ~oc!~ ~n:ri!'~ s , ·.:yo o -------- cc.so . c. ..si _•r:hly o Or! Jthrnl oif!ued: GEORGE B, PRYDE �STAhDARO 1-21-aaoo FOD.Al 2103 SUBJEOT1 THE UNION PACIFIC COAL COMPANY Ro ck Springs , \·\·y oming . XN Rl!lPJ:.Y J.>LEA.Sl!l REFER TO OFFICE OF • lfoy [6 t h , 1931 . NO, Att orne v ... ----·--- ------------ ---··· ·-·· ··--··········.Y.- -- --- --- ----- ----···· b r. George b . Prya e Vic e - Pr es i cie11t • 1i u G211 eral 'rhe uriion Pa.ci ic Co c...l Com Cit y Dear ~ir, The cas e of Jo:rm b . hel!litz v . 'r11e Union Pacifi c Coal Company v,as trie o. bei'orG ti1 e Distr ict Cour t a t Graen F..iver yesterday , and ju 1 gnent ren e ret , i fa vor of t he Union Paci f ic Coal Company u p on t he claim of' e r c1anent partial disabi llty . : f 5el t hat I sho ul d make k norm t o you t .h-! f a ct that it 1·., ns t he clo se a t t e 1ti on gi v en to thi •• ca s -e by i-Jr. li . J. Ha rrin g t or. , 2 110. t ne c oo·~er a tion bet\·;een ;:.~ r . Harrin g ton a n d Doctor J· ay G . t ar1L.er, i n t r ying t o arrive a t Y:llat r.' a S righ t i n the ~rernis s , thb t re s u l t ed in the f a vorabl e judgment. The co B.l o .Je ra t o rs a r e nor1 going t hrou gh an unpleasant s i t u2. ti on i n 1·efere11ce to false cl a i ms upon t he comp ensation fund, ana I f eel t ll8. t c..o. S t he a tton1 ey f or tl1 e coa l coillpany I shoulci. most graciou sly a ckno~l edge t he asci st cnc e tha t i s being given this off ic e oy Er. Le rrirg to u . Y: ours trul y , ~~ '1'8'1': g2 � 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 Letters regarding John E. Remitz injury Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1931 Subject The topic of the resource Accident, Worker's Compensation, Letters, John E. Remitz Description An account of the resource Small stack of thin paper attached with a metal minding. Letters regarding a worker's accident and compensation claim. 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, Eugene McAuliffe, T.S. Taliaferro, H.J. Harrington Identifier An unambiguous reference to the resource within a given context 1-0196 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.