17 10 348 https://haylibrary.cvlcollections.org/files/original/e357671fffcc47c17a74b420393ab47b.pdf a4f2684890d3f42413823906e2df729f PDF Text Text '. J ' {, I. / ' 'I'Hr, LEGISLATURE OF THE STi~'r:S OF 'vfYOMING Senate Chamber Cheyenne, Feb. 5, 1935 Mr. President: Your Cor.nni ttee No. l? on !viecha nic a l Manufacturing & Labor Pursuits tD whom was referred s. F. No. 37 respectfully reports same b ack to the Senate with the recommencmtion t hat the same b e amended as foll ows, and that as so amended it do pe.ss, namely: On page 5, line 11, insert a period after the word "injury" and strike out balance of Line 11, all of Line 12, and Line 13 throu gh the word '•de g ree''. Page 5, l ine 13, strik,i the viord "surviv j_n g ". P a g e 5, line ll.l: , followin g t he word "cha:_) t er '', ins e rt the words "nor shal l su ch fact influenc e a n y award ma de her e un der 11 • P a ge 5, line 15 , strilrn the vmrd "dece a s ed ", a nd inser t i n l ie u the r e o f the v;ords, "work:;:an by a 1:1.a r r ia ge dul y so lemniz e d b y l e ga l c e r e mo n y". Pa re 6 , line 3, strike out t he quo t a t i on ma r k s ap p e ar in g a f t er t he word " i njur i e s". Poge 10, between l i n e 7 a n d· B, i n sert th e fo llowi n g pa r a gr a p h : " s vGry cr;ip l oyer, wh o, for any r e a son, i n clu d i n g ces sation of op Gr at ions, f a ils to pa y a .s e rv i ce end p olicin g cha. r e c of no t l e s s th a n two ( ::·2 .00) dolla rs during each ca. lencle.r n on th , shal l be r e qui r e d t o pay 0 · 'C)1' r ···11 • -::- -...··0., an i11i t-1' e;.:, l cn1111 ,; f f;,- ,,- '.-!!.c:: "')) r',., 7 1 r • T "' p - , r - ;-~ c- : · r , ·· ··1 J. - · -. q_ c.t i r ·.;:;ci. t u :c-:: .s tL.:10 p c..y.c.1cn10 ,;:{ ::;0 1 vi ce &l1Ci. p oli c1. n g cha r 6 G . 11 .1 •• ...L.. .J .,,. _ __ ·~ ... . . . - • - ,. _, '· '-,, ~ .... • ••• • ( ... - ... :•.-· .J · "" ' L, ... . ··'.., Lin o 18 , Pag e 10, b G amended by ch ang ine; the f igure, s "10. 00 " to "10.10 " . That th e ;. sign b e add e d bcfor ~ t h e first and l &st fi gu re s in each of linos 19 to 2 5 inclus i v e , p ace 10. That the figuro of 7..50 in linG 21 b 8 cha n go d to 7.00. I That the figure of 10.00 at th e end of line 22 b e cha nge d to 9.00. Thut the figur e of 15.00 at the end of line 23 be changed to 11. 00. ' Th at the:: f igurc: of 20.00 at th .:. end of lino 24 b e; changed to 13.00. That the f igurc: of 25 • Q I. ) at the end of line 25 be changGd to 15.00. That lin,..; s l to 8, pa ge 11, b e ·amende d by adding the first and last figur e s in se.id linos. ,' •• 'it' sign before the That th o figure of 30.00 in line 1, :p ago 11, be ch a n ge d to 17.00. That th e figure of 35.00 in line 2, pa ge .11, b e chang0 d to 19.00 . That th e figure of 40.00 in lino 3, pagG 11, b e; chango d to 25.00. That th,: figure of 45.00 in lin e 4, page 11, be chanced to 35.00. That the figure of 60.00 in lino o, page 11, b e cho.n g_( d to 70. 00 .'.' 'l1ha t the figur0 of 75.00 in line 7' pago 11, be chan e:cd to Tha t go .co: the figure of 100.00 in line 8, page 11, be. chanescc1 to 1G5 .00. �That linG 9, page · 11, bG striclrnn and that th ere be inserted in li e u th;:;rcof t~t:; following: .. Ove r ) 750.00 --------------------------------- ~1 50.00, Th at •lines 10 to 15 inclus ive , page 11, b G stricken. Page 13, line 1 9 , followin g .t he ·words " and oth e r costs'' insert th e words " as her e in p rovided". Page 14, lin -.: 21, su .:: 11 the word "st i ffn e ss" co r r e c t l y . Pag ::: 14, line 22, immediat e ly follo wi n g the: words "ma k e t h e " ins e rt the words "f ingc r or", and strike t h e 1; o rd s "mo r e t ha n". 1 Pa ge 15, lines 17 and 1 8 , ins e rt th e. fo l lo wing p &r a g r aph : ''in a n y ca s e wh e r e any employee suffe rs a n a c c i d e nt un de r the t e rms of thi s a ct, a nd who lo se s a ny pa rt of the bo dy whi ch ca n be r ep l a ce d by a r ti f i cial means, such cmp·loyc 0 , in addition t o th0 bc. n 0 fi ts of th i s a ct , sha ll b e cntitl(.; d to an a rtificial r e p l ac eme nt thc, r c of in a n amount not to exce e d one hundre d and f ifty ( '.'., 1 50 . 00 ) do lla rs. Pa go 15, linG. 20, co r rect the s p 0 llin g of the wor d " b e ". Page 15, line 24 , strike out tho word s "wi t h wh om he is li vin g ''. Pag .::: 1 6 , -line 2, i L'.lI:1,.:.d i a t o l y :p r e ce d ing t he word "con di tion", i n se rt the words "amount o f awa r d to con for m t o a n y c han ge in t h e ". Page 16, 1 in c: 9 , inse rt immsdi a tc ly p rio r to t h e ·word "d i sa b i li t y ", the words "p e rmane nt part i c, l". Pag0 1 6 , line 10, ins e rt th e vmr d "p&rt i o. l" b Gt\ .Gc n th e words "p e rma ne nt" a nd "disability"; and strike out t h e word s "p0 rc c nta gc of disability" and ins ~rt in li0 u t her e of the word "awa r d ". Pago 16, line 11, str ik:: out t he word. "p -J rc c ntagc" and insert . in lieu there of the vmrd 11 ar.10unt". Page 1 6 , lin.:; 12, s t rike out th e words, "previous disability as it exist e d at time of subs0q_uGnt injury", and insert in liou there of the words, "award p a. id for such previous pcrma ncnt partial disability''. Pag .:: 1 6 , lin0 17, strike out the words "with whom he is living". Pa ge 1 6 , line 1 9 , strike out th e l0ttcr ,, s" on th"' word ''awards". .. Pag ,.::, 17, l in c 20, s trike out the wor·ds 1~\.Vi th VJhOI!l. 1. h t. is living". 1Pa gc 18 , lin,::. 4 , st r ike out all wo:-ds aftc.r word "but" to the end of th .; scnt ,. : ncc in lirn.. 7, und insert in li e u thereof, "in no case where co1.1pC;nsc:,tion is avm rdod for p-1rmancnt p a rtial disability or psrmancnt tot a l disability, shall thcrG bs deducted therefrom any amount aws..rdsd a nd paid, on account of t emporary total disability." Page 19, line. 11, insert the v.1ord "such ff bet' c.cn th e words "every" anc. "case" .• Pag e 22, line 1, strike out the word "partial" and ins ~rt in lieu th -:.,r c of the word "total". i ! �' ' I, , I Strilrn th e words and figur e s "sixt ~cn ( 1 6 ) whe r e ve r th0 same appe a r i n th e bill in rcf Grc ncc to the ae;0 of boys, and ins e rt in liou . th cr,3 of, the ·words a nd figur e s "oight Gcn ( 18 ) 11 , said words and figur e s ap pea ring on th 0. following page s and lin-:.s: 11 Page 5, lines 17 and 24. Pa ge 17, linus 2, 6, 7, and 22. Pc,go 1 8 , lino 8. Pace 20, lino s 4, 1 6 , 18 , 21, and 22 . Pugc 21, line s 3, 9, 14, 19, and 23. Pase 22, lin e s 6 and 7. (Sign d) R. H. Sande rs Chairman 11 ! �••.. i '' '. . ·.' tanding Committee Rr,port -- ..Sonata Filo ·No. 37. I move that th e lines 9 to 15, page 11 stricke~ by the standing Cormnit tcc Report, page 2 , line 4 , 5, 6, a nd 7 bo. reins0rtcd and that th.J chnrg,: s in those line s b e ame nded e. s follows· Amcn cJnc nt to the amendment of Sta nding Committ ee : ThGt the lines stricken b ~ restor e d to r ead as follows: Pa g;,,, 11, line g strike ')125.00 and insert 't~l75.00" Po.2;0 11, line 16, strilm ~~ 150. 00 and ins e rt " . 250. 00" P c.g r: 11, line 11, strilrn q~ l75.0 0 a nd in sert "~?350.00" Page 11, linG 12, strike ~:, 200. 00 and inse rt " ~~50 0. 00" Pa cc;c: 11, line 13, strike $2 26.00 2,nd in s e rt " :~ 700 . 00 " Pa se 11, line 14, strike :i 250.00 a nd insa rt ".~900 . 00 11 Page 11, lino 15, stril{c ,;; 30 0 . 00 a n d insert 11 :1,, 1 000. 00 '' -B- Senate File No. 37. F eb rUEtry 6 , 1 935 Mr. Pr-:. sidcnt: I move th a t an r.:. ddi tionn l p c.:rn c r l:..ph be [:;.ddcd on p c.gc 4, line 20.~ &s follows: (g-l) "Dude r a nching" for th·3 purpose of this cha pte r is define d und means a runch conducted prirn.o.rily for tho accommodation and entertainment of guests for monct nry consider o. tion; 11 11 Also - on page 2, line 9 > after the word "opera. tion" insert the words "Dude Ranching," February 5, 1~35. IV.:r. Chc.irmc.n: I move the t SenP-te File No. 37 be amended c.s follows: Af'tGr tho period in line 21, page 8, a.dd the following: "Where ;..n . . . we.rd of compsnsr'.t.ion hr:,s b e.en m::.dG in fevor of e n injured e:;m-ployc.c, c.n ~.pplic r.tion m::-,. y b e m2. dc to thG court by either pu rty, c-:.ny time 8.ftc.:r onG yc r: r from the de -::.e of the P,\'.'Erd, for L modificr.tion of th,:; c-,mount of th G e:vv··rd, on the ground of incrcc se or dccrcrso of inc:- p :·1 c:ity duG solely to the injury, or upon th·: ground of ~istGkG or fr ,.ud." Scn-::.tc File No. 37. Linc 2, of the title of th~ nrintcd bill ~ftor the figures "124-106-7," ins e rt "3 Gction 124-il2, 11 Section 7 of the bill be ch c.n gc. d to rc ::-.d Section 8. Mr. Ch£-: irmr: n: I ~ovc th:: t Senr.to File l\To. 37 be ::,me nded by inserting r.ft1.:.r Section 6 tho following: Section 7. Th~t Section 124-112, Wjoming Rcvis ~d 3tr tut 2 s, 1931, be uI:-icnd c d c1nd 1'0 -1..,nc.ctcd to rG ,.-.d ns follows: �. • • ju-Y'Y to _ S eo ction 124-112; Whenever :-. n ~-.:. ccidcnt occurs, cc using i n : . . c d i: .ny w<;>rkm,~n cnge gcd in 2.ny of the o x trr.-hc~zr-.rdous employme nts ~u~in by tlns ch2pt o r, it sh e ll b G th 8 duty of the employe r c. nd_the inJurc d 8Tilploy-.3, or someone on his bchC'. lf, or i n b c hc. lf of th.:; inJurc d . . cmployo's dependents, if ho b e killed or dh.: s from the injury, vnthin 20 dr:.ys t hurcc:ftcr to ma ke · r e port of such .~.ccid c nt c.nd the ~-.pp c. rcnt injury resulting there from n nd to fil e s <i d report i n the offic e of the clerk of the district court of the county whe r e i n such c. ccid c nt occurred which report sh L.11 st :·:tc: PROVI DED, HO~iEVE rt , THAT LAC K OF SA I r NC TI C~ BY THE IN JlJRED E~·.'rPLOYEE SHALL NO'r BAR P ROCE.SDI NGS IF THE FIi/IP.LOYER HAD ACTUAL NOTI -:·E OR KNO~JLEDGE OF THE IN JURY. • ( 1) The n 2JJ1c of the inj ur c d worlan:_·~n rm d t he ti me , cr..usc o. nd h2.tur s of the c. ccidc nt a nd the injury; ( .l so whGt h,i) r thv injury h c1s &isc.blcd the workmnn from continuing the p e r f o rm 2.n ce of h is dutio s; (2) Whether tho 2. ccidcnt occurrod whil e t he vrnrkm.2. n vvc s e n e;,-:.-:.g c d in the duties of his employment, E,nd grew out of the employme nt; (3) Tho n r~turs of the employment r-,nd the duties L,nd how long th.:) workm.e:.n h~s bGen cngnged in the service of such employer; ( 4) Whether the r.cc idcnt we s or wc. s not duG solely to the culp2.blc negligence of the injured employe r:,nd if so, e. st,--,tcmcnt of the f c:-.cts; (5) Whether the injured workm.c.n is married or single; whether ho hns c-. dependent fcmily, c.nd if so, th e n ::mGs of the persons comprising such dcp end en t fr.mily e. nd th ..:; ir pl P. cc of re.: siden cc; ·( 6) :,J1-;.cthGr the injured vrnrkru:.n int ends to cl ~:im compcns c..tion under this ch~ptcr. s ~. id employer's report of n ccidcn t me.y be m~de upon ~ printed form prep a red by the s t~:tc trE:. : .surcr fo:· such purposes, r.nd shr, 11 be verified ~s plc Ldings in civil ~ctions. Wilful fQiluro or nGglcct, on th e p, .rt of r. ny cr.1ploycr whos0 business or occupr-:-.tion is one cnumcr-'.!.tcd :·.nd defined hcr Gin as being extrc:-hi~.z,-·. rdous, to report <.,ccidcnts e r. using injury to any of his employcs, shc:.11 be c. misd1:-mcc.nor ~-...nd upon conviction such oraployor shf;ll be punished by u fine of not exceeding Five Hundred ()500.00) dollc.rs. The injured emDloyc's report of ~ccidcnt mcy be made upon a printed form pr..:i;,c..r~d by the st8.te tree.surer for thP.. t purpose. No order or c- wc..rd for cornpcnsl·.t ion shr: 11 be m--~de unl0ss, in ,:.ddi tion to tho reports of 2.ccidcnt, :.·.n crpplicc,tion or clc..im :ror c.vr:::-.rd is filed by the injur<:!d vJOrlanD.n, or someone on his be;hali', or in cc;.so of' dee..th of the :'i. njurcd v!orkma n, by his dGp1.mdcnts or someone in their bc.h.--tlf, with the, clerk of th,:; district court in the county whore.in such accidents occ,urrod, i,;ri thin ONE Y ZAR o.ftcr the d0;y of which thG injury occurred. l'-Tci th0r the reports of ,:ccidon ts nor c.nything the re in cont,::incd shall 1 cons ti tutG r: cl2iin for compensn ti on. ThG 0mploye' s cl~ im for comp c ns c":. t ion mc.y be mncndcd c:. t r:ny time bvforc r.n origin~ 1 order of a.we.rd lv .s been m::dG in order tha t tho workman mcty corrGctly set out the ne.t:.,. urc of his injury. �I I THE LEGISLATURE OF THE 3 T,\'i'E OF WYOMING Senate Chamber Cheyenne, Feb . 5, 1935 Mr. President: Your Cor:1mi ttee No. 17 on Iviechanical Manufacturing & Labor Pursuits t o whom was referred s. F . No. 37 respectfully reports same back to the Senate with the recommenda ti on that the same be amended as foll ows , and that as so amended it do p e ss, namely: On pag e 5, line 11, insert a period after the word "injury" a nd strike ou t balance of Line 11, al l of Line 1 2 , and Line 13 throu gh the word ., degree". Page 5, l i ne 1 3, strik~ the word "surv iv i ng ". P ar;o 5 , J. ine 14, followin g t h e word "cha -p ter ·1 , in s e rt t he words "nor sha ll such f a.ct influence any aVia rd made her e under 11 • P age 5 , line 15 , strike the word "deceas e d", and insert i n lie u the reof the vw r ds , "work:•:a n by a n arria ge duly solemnized by l e ga l c e remony". • Pa ge 6 , line 3, stri k e out th e quo t at ion ma r k s app e ar in g a f te r t he word "injur ies". Pag e 10 , bct½e e n l i n e 7 and B, i n se rt th e f ol l owin6 pa r agr a p h : " e very emp l oyer, wh o, for any rea son, i nclu ding ce ssat ion of op era tions, fEtils to pa y a se rvi ce and po lici n g che.r l''G of no t l e ss t ha n two ( ::· 2. 00) doll2.rs during· ea ch calcncle.r n.on th , sh&l l . be r e qu i r ed t o pay an initiea l sum of f i v e ( ;15 . 00) doll a rs up on r c surd n g or b ei n g r e q_ :..t ired to resUIJ.G p a yi:1e nt o f s c=n·vi ce a n d p oli cing c ha r ge . " Lino 18 , Page 10, b e fu11endc d by changing the fi g ures "10. 00 " to "10 . 10". That th e ;;, sign be add e d b e for :; th e first and l &st fi gure s in each o f lines 1 £ to 25 inclusive , pa t:e 10. That the figur0 of 7.50 in lins 21 b e change d to 7.00 . I That thG figure: of 10 . 00 at th e end of line 22 be c h a nged to 9.00. Th3t the figurG o f 15.00 at the e n d of line 23 be changed to 11. 00. 1 'i'hat the:: f igu rc of 20. 00 at th ,~ ,:md of l ine 24 b (.; changed to 13. 00 . Th a t th-:: figuri.... o f 25.00 at the end o f line 25 bo changGd to 15.0 0 . Tha t line s 1 t o 8, p2.ge: 11, b e amended by adding the first and last figur e s in S8. id lin0 s. ;1, ~? sign before the That the fi g ure of 30.00 in line 1 , pago 11, b e chang1S d to 17.00. That th e f'igurc of 35 . 00 in line 2, p a:::ro 11, b r • ch&n gc.: d to 19.00 . '• J That th e, -figure of 40.00 in lin--_; 3, pag,.:; 11, be, ch a n g ed to 25.00. Tha t th e figure of 45.00 in line, 4 , page 11, That the figuro of 60 . 00 in line b ;_; ch a n ce d to 35.00. o, pago 11, b e; chLJ.n g•.:.d to 70. 00 .! 'I'ha t the figure of 75 . 00 in line 7, page 11, be chan ged t o 90. GO. That t : figure of lG 0 .00 in line s, p age 11, be ch a n ~c cl t o 1 25 .00 • ...._====--# �That lin0 9, page 11, bG stricken and that there ·be inserted in li e u th-::rcof ths following: • .. Over ; 750.00 --------------------------------- ~150.00. That lines 10 to 15 inclusive, page 11, b e stricken. PagG 13, line 19, followin g the v-rords ''and othe r costs ' 1 insert the words "as herein provided". Page 14, 1 in-.: 21, su o ll the word "st iffnc ss II correctly. Pag .: :. 14, line 22, imr.1cdia t oly follovving the words 11 ma k c the" ins <:. rt tho words "finge r or", and strike the ·words "moro than". Page 15, lines 17 and 18, ins c rt th e follo v.rin g pci r a g raph : "in any case where any omployc-:: suffe rs a n a c c.i d ;:mt unde r the t e rms of this El ct, e. nd v-1h o los e s any p a rt of the body whi ch ca n be r ep l a ced by 2rtificial means, such ~mployc c , in additi on to th0 be n e fits of this act, shall be e n titted to an arti ficial r 2placcmc. nt th--, r c of in a n amount not to cxce,cd one hundred and fifty ( ;,:. 1 50 . 00 ) dolla rs. Page 15, line 20, correct the spe lling of the word "be". Page 15, line 24, strik0 out tho words 11 with whom he is li ving". Pag 0 1 6, line 2, irom.;.:.diately pr-3ccdi ng the word 11 condi tion", insert the words "amount of award to c onfor1~1 to any cha nge in th e ". Page 16, lin0 9, insert immedi ate ly pri or to th e.. word the v,ords 11 pcrman0 nt partial". 11 disability", Page 16, line 10, insert tht:: vmrd "pa rti a l" b e t\ ,Gcn the words 11 p e rmanent" and "disability"; and strike out the words "pcrccn tagc. of disabili tyn and ins~rt in lieu thereof the word "award". Page 16, line 11, strike out the word "porccntagc. 11 and insert in lieu there of the word 11 2.mount". Page l G, line: 12, strike out the words, 11 pr<:::vious disability as it existed at time of subseg_ue:.nt injury", and insert in lieu thGrcof the wor ds , "award :paid for such previous permanent partial disability''. Pa s.:: lo, lino 17, strike out the words "with whom he. is 1 iving". Pago 1 6 , lin-: 19, strike out the l0tter "s" on th·.:. v,ord "awards". Pag -::. l?, ~ . l inc 20, strike out the v._rords ttvn th whom.•. h . . . is living". Pae;c 13 , line 4, strike out all words aftc.r word "but" to the 8nd of th,:; sen t '3 ncc in line 7, and insert in li e u thereof, "in no cass where. co:,;p0nsl•,tion is avuJ.rdcd for p ermanent partial d.isa.bility or permanent total disability, s118.ll there be dcduct.Jd therefrom any amount awarded and paid, on account of temporary total disabil ity .-" Page 19, line 11, insert the v·. 'ord and "ca.scir. 11 such 11 bet , s en the words "ovcry" Page 22, line 1, strike out the vvord th .:.: rcof' the word "total 11 • 11 partial" and ins rt in lieu I.., �' • J • • . . ,, . . thG ·n same appear Strilrn the: words and figur es "sixte en (16)" vvherc:7"or lieu in th e bill in rcfGrcnc o to the ag 0 of boys, and i~~ ort ~sand figures th c r 1..'> 0f, the v;ords and figur e s " e ight een (18 ) ", s a i wor ap"9c aring on th~ following pag...,s and lin0- s: Page 5, lines 17 and 24. Pa ge 17, lines 2, 6 , 7, and 22. Pago 18 , lino 8. Pa 5c 20, linGs 4, 16 , 18 , 21, and 22. Page 21, lines 3, 9, 14, 19, and 23. Paec 22, lin es 6 and 7. (S igne d) R. H. Sande rs Chc..:.i.rma.n �,' ,. • ii ·• · ' ·. : .· ·,, - - - - - -~ FGbruary 6, 1935 ~ ----------- anding Cammi tt. ~c Rep ort -- • Se na ta Fil e ·No. 37 • I move th a t th o lin Gs g to 15, page 11 strick e~ by tho St a nd ing C01mni t tcc Re port, p a g e 2 , line 4 , 5, 6 , and 7 b o reinsGrt c d a nd tha t t :p_.:; charg~s in thos e lino s b e e.mc nd cd e. s follo ws: Arnc n c1mc nt to tho a me ndment of Sta nding Connn itt co : Thn t P ag;:;; P c.zG P o.g c Pag -:: th e 11, 11, 11, 11, Pa €;e; 11, P n rc 11, Pa ge 11, line s stricken b ~ r e stor e d to r ead a s follo ws: line 9 , strike ·)125.0 0 and inse rt ~~Sl75.00" line 10, strike ~? 150. 0 0 and ins Grt '\ 2 50.00" lino 11, ·strike j~ l7 5 . 00 c..nd inse rt " ~~ 350.00" linG 12, striko f5 200. 00 . a nd in s0rt "~~ 500. 00" 1 inc 13, strikG ~~223 . 0 0 2.. nd ins8rt " 2j 70 0. 0 0" line 1 4 , s t rike ~:-250. 00 an d ins e rt 11 ;9 00. 00" lino 15, strike ~~300 . 00 an d ins e rt '\,i l 0 00.00" - BSenat e File No. 37. Fe bruary o, 1 9 35 Mro Pre sid e nt: I ·m ove thn t an r1ddi tiono. l p c..ra,sr c.ph b e c::. ddc d on p age 4, line 20,: &s follows: n(g-1) "Dude nmching " for t he p urpo se of this chap't c r is de fined and means a rnnch conducte d pri:mo.r i ly for the accommoda tion and entertainment of guests for monct [try consid c r o. tion;" Also - on pago 2, lin o 9, aft e r tho word "opera. tion" insert thG words "Dude Ranching," February 5, 1~35o I move thr~t Sennte File No. 37 be amended ~s follows: After the period in line 21, page 8, e:.dd the following: "Where .:..n c:·,wc_rd of cor.rp cmsc-' tion h r:.s 'b 0 sn m:::.de in f e. vor of en injur0d <:;m-ploycc, 2.n c.p-plic r-.tion rnr:·. y b0 mE. dc to thG court by either pr_;_rty, r-.-.ny time r;_ft 1:. r one yc r. r from the d e.. tG o:f tho P.\"iCt rd, for L modific c: tion of the; r-mount of th e a ·v11~-. 1·d, on the ground of incrcc.se or dccrt:; r- sc of inc r-.:p ,:H:ity due solely to the injury, or upon th'.:: ground of mistnkG or f'r r .ud.." 1 Sen':. t.::. File. No. 37. Lin c 2, of the titlu of th:.:, Drintcd bill :.:.ftcr the figuros "124-106-7," insert ".Sect.ion 124-il2," Section 7 of the bill b e ch ,·. n gc d to rc c. d Section 8. I 1110 vc th ,: t S0nc tc File No. 37 be ::--..me nded by ins e rting r ft-:-r Se ction 6 the following: Section 7. Th ,l t Section 124-112, i.-t yoming Rcvis <:: d Str. tut c s, 1931, be r-1.,'T. I.c nd :: d und 1·c - ..... n c. ctcd to rG c. d n.s follows: �r.. • ll2 •1,111nn.,vcr ,-n ~-i. CC i dcn t occurs, e r. using injury to 0<:: ction 1 2 4• .,. 1.,; 1.,; , . •• , d ,f· d c'. ny worl:a:nc..n cnge god in a ny of tho cxtrr:: --hc z r. rdous cmpl~ymcmt,: . c . in ' d by th is chr~pt-:: r, it s_h r. 11 b s the duty ?f the employe r _'- :1-d. t~~ in J urc employ-3, or someone on his bchr.. lf, or 1n b c h:: : . lf of th...; ~n~ur...,d . . cmployc ' s dependents, if ha b e killed or dio s f~om ~h('; in _J llrY,~ w~t~in ?O d r.-.ys thc rc c,ftcr to makd report of suc h ~~cc1d c nt e n d the ,_.pp c..r _v nt :njury rcsul ting therefrom o.nd to f il c s ._. _ i d report ~n the offi~ c of vho clerk of th e district court of the county wh e r ei n such r. ccid c nt occur:r_:cd which report sh ,.. 11 st e.tc: PROVIDED, HO::,EVER , THAT LACK OF SAII I'JCTI C~ BY THE INJURED EI-.'!.PLOYE"E SHALL NOT BAR P ROCESDINGS IF THE EM~ LOYER HAD ACTUAL NOTI ;:·E OR KNO'iiLEDGE OF THE IN JURY. . ( 1) The n r-.rnc of the injure d worlan;_:;n cm d t he ti me , cr:. uso 2. nd n2.tur s of th e c.ccidc nt cmd the injury; ,. lso wh e; thcr the injury hns iis c.blcd the workrnc..n from continuing the p c rf o rm 2.nc e of his dutic s; (2) Whether tho 2 ccidc:nt occurred whil e the workma n 1Jv1: s cne;r-. :. gcd · in the duti e s of his employme nt, E, nd gre w out of the employment; (3) Tho n r~tur '3 of the employment c-,nd tho dutie s c,nd ho w long the:: worl<mLn h2.s been cngn gGd in the serv i c e of s uch employer; (4) Whether tho c..ccidcnt wc s or wc.. s not due solely to the culpe,blc negligence of thG injured employe r.nd if so, e. st, . t emcnt of the f c. cts; (5) Whether the injur-ad workmc. n is mCl rried or single; whe ther he hf'.s c-.. dGpcndent fr-mily, c.nd if so, th e n [':me s of the pe rsons comprising such dcpcnd cn t fr·.mily e. nd th<.3 ir pl P.c o of ro sid.cncc; (6) ·.,.friethcr the injured workrn:-:n int ends to cl 2- im compe::nsr. tion under this chc.ptcr. S c. id employer's report of accidcn t m.cy be m::..de upon ['. printed form prGpnred by the s t c-.tc tre :.surcr for such purpose:.s, cmd shr~11 be verified as plc~dings in civil ~ctions. Wilful fQilur~ or nGglcct, on the p, .rt of r.·ny employer whos.:; business or occup,. tion is one cnU1-ncr..-~tcd :·. nd defined her e in as being extrc.-hr.zc.rdous, to report t:. ccidcnts c c. using injury to any of his employcs, shc:11 be c1 misd-c:mcc,nor r.. nd upon conviction such cm.ployor shLll be punished by :i fine of not exceeding Five Hundr.:::d ( -1;;500. 00) dollr.-.rs. Tho injured amployc's report of ~ccidcnt m~y be made upon a printed form. pr0pc.rcd by the st~te tre~surcr for th~t purpose. No order or c we.rd for compcnsc:·.t ion sho 11 be m£~dG unl0ss, in e.ddi tion to the reports of 2.ccidcn t, ;·•.n ::-,ppl ic~ tion or cl.:. im i'or c. wr:-. rd is filed by the injured workmon, or somcon0 on his bc,hal:f, or in CL\ SO of de·:. th o-r the injured workr.lc,n, by his d0p c:.m dcnts or some:.onc in their bc,hctlf, with the clork of the district court in the county whorcin such accidents occurred, w-i thin OJ.rE Y?AR after the dc..y of which tho injury occurred. Nc i thar tho reports of ,~cci don ts nor c.nything there in cont,::inGd shall cons ti tut :;; E'. cl~im for corn.pcms['.. ti on. ThG cmploye' s clclim for comp c ns ,: t ion m.:y be l!llwnded c.. t ,Any time before c.n origine. l order of c.v12. rd 11 .c .s been mr.:de in order thn t tho work..rnnn mc,y correctly set out the. nat'-' urc of his injury. �I I THE LEGISLATURE OF 'l'h~ S T~W:S OF WYOliITNG Senate Chamber· Cheyenne, Feb. 5, 1935 Mr. President: Your Com1ni ttee No. 17 on Tviechanica l Manufacturing & Labor Pursuits t o whom was ref' e rred s. F. No. 37 re s pectfully reports same b ack to the Senate with the recommendat i on that the same b e amended as foll ov;s, and that as so ame nded i t do pas s , namely; On page 5 , line 11, insert a p er i od after the word "injury" and strike out balance of Line 11, all of Lin e 1 2 , and Li ne 1 3 throu gh the word 1 11 • de gree • Pa ge 5, l ine 13, strik,i the vJOr d "su rviv i ng ". P age 5, line 14, followi ng t h e word "chG. ~) ter '', in s er t the words "nor sha ll such f a ct influence a n y award ma de her c under 11 • P age 5, line 15, strike the word "dece a s e d", a nd i ns e r t in lieu the reof the v.rord-s, "work::,:an by a ma rria ge duly so lemnize d by -l e ga l ceremony". Pa e::c 6 , line 3, stri k e out th e quot at i on ma r k s app e ari n g a ft e r the vvo r d "injur ies". P&ge 10, between line 7 and 8 , i ns e rt t he f ollowi n g pa r agr a p h : " s very cr2.p l oy<or, wh o, for any r ea son, i ncluding c e ss a t io n of ope rations, f a ils to pa y a se rv i ce 2.n d po li c i n g cha r 5 e of no t l e ss t han two ( ::· 2. 0 0) dollars during ea ch calendar n on t h , shal l be r e quire d to pay an initi eal sum. of f ive ( ~)-5 . 00) doll a r s up on r c surd n g or b ei n g r c q_Ltired to resum.G p a yue nt o f s ervi ce a nd p oli cing c ha r E;e ." Lino 18 , Pag e 10, b G amen de d by changin g the fi g ur.::. s "10. 00 " to "10.10". .. That the ·,( sign be added bc for:; th .::: first a nd l a st fi gures in each of line s 1 9 to 25 inclusive , p at:;e 10. That th e figur<3 of ?.50 in lins 21 be cha nged to 7.00. ·! Tha t the figure of 10.00 at th e 811d of line 22 be changed to 9.00. 'rhtat th e figur e of 15.00 at the end of line 23 be changed to 11.00. .\ That th2 f igurc of 20. 0 0 at th e 0nd of line 24 be; changed to 13.00. That the figure of 25. OS• at the end oi' line 25 bG changGd to 15.00. )'., That lin,. ;s 1 to 8, p a gG 11, be e..mcndcd by adding the ~~ sign before the first and last figur e s in se.id lino s. Th a t th o figure of 30.00 in line 1, ua c·o 11, b e changed to 17.00. ,_ Cl Tlrnt th e figure of 35.00 in line 2, pn.a·o 11, b e ch a n g0 d to 19.00. That th c. figur e of 40.00 in lin,-:., 3, pag,.:; 11, b e; ch a nged to 25.00. th,.:; figure of 4ti.OO in line 4, page 11, b ,_:; chance d. to 35.00. the figure of 60.00 in line G the figure of 75.00 ' pag0 11, b e ch o.n gc d t o 7G. 00 .:' in line 7' page 11, be chan g:c d to 90. 00. That the f igur0 of 100. 00 in line 8, page 11, be chan ged to 125 . 00. �That lin ~ 9 , page 11, ba stricken and that there be insGrted in li e u th 0r 0o f the following: Ove r ) 750.00 --------------------------------- ~150.00. That lines 10 to 15 i nclusive , page 11, b ~ stricken. Pa<?;c 13, lino 1 9 , followin e; the vmr d s "a nd othe r costs" insert the words nas her e in providGd". PagG 14, lin..:. 21, s u0ll the vwrd "st iffne ss" corre ctly. Pag s 14, line 22, imr.icdiat c ly f ollowing the vmrd s "ma k e the" inse:: rt tho words "f ingc r or", and strike the ·words "more tha n". Page 15, lines 17 and 1 8 , ins e rt t he. follo v.d. ng pa r agraph : "in a ny case where any emp loyee suffe rs a n a c cid:mt und e r the t e rms of this a ct, a nd wh o los e s any part of the body whi ch ca n be r epla ced by 2rtificial means, such ~mp loyc c , in addition t o tho be ne fits of this act, shall be entitled to an artificial r e placeme nt t he r e of in an amount not to exce e d one hundred and fifty ( ~.:150 .00 ) dolla rs. Pago 15, line 20, correct th8 spe llin g of the i'Wrd "be". Pag e 15, line 24 , strike out tho words "with whom he is living". Pag.:..\ 1 6 , line 2, irar:i-..:.dia toly :9rG ce di ng the word "condition", insert the words "amount of award to c onforr.1 to any change in the ". Page 16, l in..:: 9, insert immcdia tc ly prior to the. v:ord ''di sab ili ty", the words "pcrm&nc..nt partial". Paa(:; 16 lino 10 insert th t:: vmrd "partis. l" bet\.G Gn the words "pcrmano and, "disability"; ' " " pcrccmtagc of cnt" and strike out t h ,::; woras disability" and ins ~rt in lieu thereof the word "award". Page 16, line 11, strike out the word "percentage" and insert in lieu th ere of the vvor 6. 11 2-moun t". PaP.:c 1 6 line 12 strike out the words, "previous disability as it 0 l l • • II • t in • 1•1ou thcre,of existed at time of subseq_uGnt inJury , ana" insvr the words, "award paid for such previous permanent partial disability''. Pa 3 1."' 16, line 17, strike out the words "with whom he is 1 i ving". Pa ge 16, lin..:. 19, strike out th u l0tter 11 S II on the. word ''awards". Fag-:. 17, line 20, strike out th0 words "v,i. th uhom:. h,__ is living". Page 18, line 4, strike out all words after word "but" to the end of th..:: scnt--: ncc in line 7, &nd insert in li e u thereof, "in no case where. col.i.pcnsc:;.tion is &wcrdcd for p~rmancnt partial d.isubility or p8 _rmammt total disability, shall there bE. deducted therefrom any amount aws.rdcd and paid, on account of temporary total disability." Page 19, line 11, insert the v:'ord "such 11 bet: sen the v'forcls "ovory" and "case 1' . Pa ge 22, line 1, strike out the ·word rrpartial" and ins ... rt in lieu th ,, rc-of th0 word "total". �Strilrn the words and figures "sixtc ,.·.m ( 16)" vvh e rcvcr the sam? appear in the bill in rcfGrcncc to the age of boys, and insert in lieu. ur-s thcr0 of, the words and f igurcs "oightGcm ( 18) 11 , said words and fig 1::;; apnca ring on thG following page s and lines: Fag-:; Page ~ ··-~ P ""'o'-' Pa ge Pugc Pae:c 5, linos 17 and 24. 17, lines 2, 6, 7, and 22. 18, lino 8. 20, linos 4, 16, 18, 21, and 22. 21, lines 3, 9, 14, 19, and 23. 22, lines 6 and 7. (Signe d) R . H. Sand e rs Chairman �---- ·-A.- to Standing Cornrn.i tt.,:; c R,c-;port -- senate Filo ·No. 37. r I F0bruary 6, 1935 I move that the linGs o t . k ~n by the st a nding Co1mnitt cc Report page 2 1 ~ 0 . 1 5, p&gc 11 str1c '"' . . r. rtcd a nd thc::. t ' ' :::,1. ·-, binc th e; ch a rg ..:.s in thos..., . A•• ' 5 , 6 ' un d 7 b u-. re 1n S0 ·" '-' ln1.,;s (.. umc ndc.d 8.s follows: Jrn1c ndmcn t to the am0nclrnc nt of ::~1 Standing Conwitt co : the l~n~s stric~cn ~ ~ r estor e d to r c~d as follows: 11, l1n_; g, strike 'J l25.00 and ins ---rt ~~-~ 175.00" .Pne; -:; 11, 1 inc 10, str ikc ~~150. oo and in~crt " 250. 00" Pc.g c 11' linG 11, str ilce 75. 00 c.nd insert 11;:~ 350. 00 II Page 11, lin0 12, strike J) 200. 00 and .i n sort " ~~500. 00" Pni3 2 11, 1 inc 13, strilrn ~?2 2o. oo c:~nd inse rt 11 :;) 700. 00" Pc sc 11, line 14, strike i: 250.00 and in.s 8 rt 11 / goo.OO" PP.gc. 11, lino 15, strike ,~300. oo and insert 11 ~1000. 00" ~n - BScm1t c File lJo. 37. Febrllf1ry 6 , 1935 Mr. Pre sident: I move th n t an a dditiona l ps r a gr c ph b e ~dd c d on p age 4, line 20,: s.s follows: " ( g-1) "Dude r r1nching" for ths purpose of t h is ch a ptc r is def inc d and means a rmich conducted primo.rily for the a ccommoda t i on a nd e nterto.inmcnt of guests for monct nry con s i de r a tion;" Also - on page 2, lino 9, a fter the word "open--... t i on" insert the words "Dude Ranching," F e bruary 5, 1~35o I\l~r. Chc irmr..n : I move the. t S0nn t e File Noo 37 b o ame nded 2.s follows: After the period in line 21, p age 8 , 2 dd the followi n g : "Vihere [..'. n 2..wc.rd of comp Gnsr.tio n hr., s b l3cn m::--. de i n f e.vor of c:h in jured employee, e n r·.pplic P. tion mr, y bG me.de to t hs court b y c i thc r p::.t rty, ' ·. ny time c.ft.sr one yc r~r from t he dr. tG of th o 2.,w'cr d , f or r. modific c.tion of the cmount of th e O.W:'. rd, on the g round of incr c c. se or dccrc P sG of in.c c.p :.1 city duo solely to th e injury, or upon th·: ground of mistc:lcc or fr 1'.Ud." Scn-:.tc File No. 37. Lij_18 2, of the ti tlu of th,.:, -printed bill ::;.ft,3r the fi gur~s "124-106-7, 11 insert "Section 124-112," ·J cction 7 of tho bill be ch :·.ngc d to r c c.d Section 8. I ::no vc th:'.t SGD£; to Filo No. 37 be : --,me nd e d by ins e rting r.ft ,..:r Section 6 the following: section 7. Th,.:.t Section 124-112, i;'1yom ing Re vised str.tut -.;s , 1231, be; c.Incndc.d C'..nd 1·c-~m.-. ctcd to rG ~'.d ;:-~ s follows: �s e ction 12 1 . _ Gccidcnt occurs, c r usinc injury_to ,.- ny ·orr,,,,., -,n ; - d12 ~ Nhon0vcrth ··~ cxtr,---hc.zr.rdous employme nts dGfin c d • 1,,v Iwii-- cng•.,gc in ;:\ Ily o:f '--, • . . ~ 1 "' ~ d th · • 'd by th is ch.:--.pt-:; r, it sh e 11 bs the a. ut y '?f t~e .-, cmp oy1,:; r _'-'·3:1 • ~:_ in J urc employ.:, or some one on his be ht,l~, or 111 b ·-:h~ lf of th~ ~n~ Uiv d . . cmployo I s dcpcnden ts, i :r he b e killed or di8 s f~om th~: 1n Jury, within report.of su?h ~ cc1d c n~ end tho ~pp ~ r~nt 20 d~ys th~rc ~ftcr to ma k~ injury rcsul ting t~crc~r?m and to f 1lc s :·•. 1d report ~n the off1~ c 01. th() c1 6 rk of the d1str-1c-r:; court of the county vrhe r c in such c. cc1d c nt occurred wbich report sh :.-11 st :·.tc: PROVIDED, HOV,EVER , THAT LACK OF SAir NCTI (:3 BY THE INJURED El.TLOYE'E SHALL NO'r BAR PROCESDINGS IF TH~ EMPLOYER H.AD ACTUAL NOTI ·:·E OR KNO"dLEDGE OF 'I1I-IE INJURY. (1) The n r_JJJ.c of the injur ed worlan::~n c:nd t h e ti me , er. use n nd ii.aturs of tho c~ccidc nt o. nd the injury; (.lso whe; th0r the injury has <fisc.blcd the ·workman from continuing the p a rform e.nce of his duties; (2) Whether tho e, cc.idcnt occurre d whil e the workm.e. n wc s cne;r-.:. god in the duti e s of his e mploymen t, e,n d g r e w out of the employment; (3) rrhc nr~tur '3 of the employm ent r, n d t he dutie s [illd ho w long tho workm.c;n h:!.s be;en cngn g ed in the servi c e of such e mployer; ( 4) Whether the c.cc idc nt v.rr. s or wc. s not duo solely to th 0 culpe.ble negligence of the injure d employ e 2,nd if s o, c. st~,t cmcnt of the fr.cts; (5) Whether· the injur.zd worlm1C'. n is ffi[l rr icd or si n gl e ; whe ther he h,.s r-. d0pcndcnt f cmily, c,nd if so, t h e n c,mc s of the pc rsons comprising such dependent f 2.mil y e.. nd t h e ir p l 2.c c o f r o sid.Gnc c ; (6) ·,rl:..othGr the injured vrnrk:rnr:~ n int en d s t o cl:: im comp e ns c. tion una.cr this ch~ptcr. S c. id employe r's r eport of u ccidont m2.. y b e m~de upon 2, printed form prGp n red by tho s t (~tc- tr0 :. surc r fo r s uch purposGs ·, c, nd sh[~ll be verified ~ s plc ~ d ings in ci vil ~ ctions . Wilful f a ilure or nGglcct, on th e pc. rt of r. ny er:1.ployc r wh os..3 b usin e ss or occup2,tion is ono cnUIJ1cr~:t c d r. nd d e fine d hcr c, i n as b8 in g e xt rc·.-h::'. z ;-•.ra.ous, to report uce;idcnts c c. usin g injury to a ny of his e mployc s, shc·.11 be a misd~moecnor r.nd upon conviction such employe r s h ::-:1 1 b e punished by n fine of not cxcc0din g Five Hundr e d ( ~500. 00 ) dollr. rs. Tho injured employc's report of ~ ccidcnt mc y be ma de upon a printed form pr0pa.rcd by the st:1 t E:- trcr-, surc r for thf'.. t purpose. No order or c.wc..rd for cornpcnsr: tion shell bo m[~dG unl 0 ss, in e. ddi tion to the r0:ports of 2- ccidcmt, ,-,.n c,pplicc.tion or cl 2.. im for e we. rd is filed by the injured workmo.n, or someone on his b0he.11', or in cnso of' dee. th of the inj urcd wo rkmo.n, by his dGpcndcn ts or someone in their bchn.lf, with the; clerk of the district court in the county whorcin such a ccidents oc?urred, within ONE Y?AR etftcr the day of which the injury occurred. Nci thcr the re ports of f;ccidon ts nor c.nything the r e in contc.ined shall constitut e 2 cl2im for comp ens n tion. The cmployc's cln im for compc nst:t ion mc.y be 1J111cnded c. t c.:. ny timo before r.n origin2. l order of c.we. rd h , s been Il1~dc in order th~ t the workmnn mc y corroctly set out the n~t~ re of his injury. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Legislature of The State of Wyoming Senate Chamber - Cheyenne, Feb. 5, 1935 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1935-02-05 Subject The topic of the resource Wyoming senate, 1935 Description An account of the resource A 14" x 8.5" documents with black text and red handwriting in the upper right corner. Recommendations of amends for the state of Wyoming's senate. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource R. H. Sanders Identifier An unambiguous reference to the resource within a given context 1-0173 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/f4e6ef4d9c491bf004b438dd97964ee0.pdf 0dceb5b940adba056e9f164f0a3d1d05 PDF Text Text I ' WORKMEN'S COMPENSATION ACT OF THE STATE OF WYOMING CHAPTER 258 WYOMING COMPILED STATUTES 1920 AND ACTS RELATING THERETO Furnished by W. H. EDELMAN, State Treasurer CHEYENNE,WYOMING �BRIBERY IN CONNECTION WITH WORKMEN'S COMPEN SATION A CT CHAPTER 97 - S. L. 1925AN ACT making bribery of or by any person employed or concerned in the administ ration of t he Wor kmen's Compensation Act a crime, and providin g- a p unishment t herefor. Be it Enacted by the Legislature of the State of W yoming: SECTION 1. Whoever corruptly gives, or promises to give, pay, or imburse, or whoever offers to give, pay, or imburse any Court officer or employee, or any person employed or concerned under the laws of this State in the administration of the Workmen's Compensation Act, either before or after his election, appointment or employment, any money or valuable thing, or conuptly offers or promises to do any act beneficial t o any such person to influence his action or to secure his assistance in the administration of the Workmen's Compensation Act, and whoever being a Court officer or employee or a person employed under the laws of this State in the administration of the Workmen's Compensation Act, either before or after his election, qualification, appointment or employment, solicits or receives any such money or valuable thing to influence him or to secure his assistance with respect to his official duty in any matter relating to the administration of the Workmen's Compensation Act, shall be deemed guilty of felony and upon conviction thereof, be imprisoned in th& penitentiary not more than fourteen (14) years. SECTION 2. • This Act shall not be taken to repeal or affect any existing statute relating to bribery. SECTION 3. This Act shall take effect and be in force from and after its passage. (Approved April 25, 1925.) �4 COMPENSATION LAW The Workmen's Compensation Law STATE OF WYOMING 5 mon law or ot herwise on account of such mJury; and the terms, conditions and provisions of t his Act for the payment of compensation and t he amo unt t hereof for injuries sustained or death r esulting from such injuries shall be exclusive, compulsory and obligatory upon both employers and employees coming wit hin t he provisions hereof. (L. 1915, Ch. 124, §2.) Extra-Hazardou s Occupations. AN A_C~ p_roviding compensation for injuries or death resulting from lnJUries, of workmen from accident occurring in extra-haza rdous ~~ployments, defining extra-hazardous employments and BroVJdmg for _the accumulation, maintenance and administraon of fu!1ds m the State Treasury for the payment of such compe1;satron aJJd repealing Sections, 3526, 4291 and 4292 of Wyommg Co~plled Statutes, 1910, and all other laws or parts of ~aws rel~tm~ to dan_iages_ for injuries or death from injur ies or 1~ anywise m conflict with this Act, in so far as the a r~ applicable to extra-hazardous employments. Y Be it Enacted by the Legislature of the State of Wyoming : §4315 •. This Act shall be known as the "Workmen's Compensat10n Law." 4316. General Provisions. Comp~nsatio? herein provided for shall be payable to persons mJured m extra-hazardous em l t h . defined, or the dependent f ·1. Of P oymen ' _as erem result of such • • · am_i ies such, as die, as the to the culpabl~n~~;l!ie~~ie~j ca_se. of ~njuries due sole~y compensation shall be payabl ~ mJurfe employee. Said Treasury to be accumulat e ro'? ~nds. m the State herein provided The ri ed a nd mamtamed m the manner tion from such ·fund sha1fb of_ e~~h employee to compensaplace of any .and all ri h e m !eu of ~d shaU take the contributing, as requir!a th 0{ actifn agamst anr employer any such person or ersony aw, o such fund m favor of or death. Sections 526 4s by reason of any such injury 2 or parts of laws relating t ~1 a nd 4292 a?~ al! other laws from injuries or in an wi O .amages. for i:1Junes or death hereby repealed as to fhe se m confhct with this Act are ployees coming ~vithin the :~?o~~1i\!' 1::loyers and em- i1i :f Provisions Exel • C us1ve, ompulsory and Obligatory. §4317. The rights and d' for an employee on account ieme .ie~ provided in this Act of all other rights and remedisa~fmJury shall be ex~lusive sonal or legal representatives d such employee, his peror ependent family at com- §4318. The e:i-..-tra-hazardous occupations to which this chapter is applicable are as follows : Factories, garages, mills, printing plants and workshops where machinery is used ; fo undries, blast fu rnaces, mines, oil wells, oil refineries, gas works, natural gas plants, water works, reduction works, breweries, elevators, dredges, excavations, transfer companies, gener al teaming, general trucking, smelters, powder works, laundries operated by power, quarries, engineering works, logging, lumber yards, lumbering and saw mill oper ations, street and interurban railroads not engaged in int erstate commerce, buildings being constructed, repaired, moved or demolished ; painting and painting operations, telephone, telegraph, electric light or power plants or lines, steam heating or power plants, railroads not engaged in :interstate commerce, bridge building, the occupations of city or town firemen and city or town policemen and all employments wherein a process requiring the use of any da~gerous explosives or inflammable materials is carried on, which is conducted 'for the purpose of business, trade or gain, each of which employments is hereby determined to be extra-hazardous and in which, from the nature, conditions or means of prosecution of the work therein requires risks to the life and limb of the workmen engaged therein are inherent, necessary or substantially unavoidable. This chapter shall not apply in any case where the injury occuned before this chapter takes effect, and all rights which have accrued by reason of any such injury prior to the taking effect of this chapter, shall be saved the 1·emedies now existing therefor. (L. 1915, Ch. 124, §4; L. 1917, Ch. 69, §1; S. L. 1919, Ch. ~17, §1; S. L. 1923, Ch. 60, §1.) 4319. Exceptions. This Act shall not be construed to apply to business or employments, which, according to law are so engaged in interstate commerce, as to be not subject to the legislative power of the State nor to persons injured while they are so engaged, nor to any employee engaged in domestic service, ranch, farm, agricultural, or horticultural -labor, or stock �7 COMPENSATION LAW STATE OF WYOMING raising, or any person holding an appointment as shen"'ff or deputy sheriff or constable or deputy constable. (L. 1915, Ch. 124, §5; S. L. 1923, Ch. 10, §2.) mine, and any adjoining adjacent work place where the mater ial from a mine is prepared for use or shipment. 6 Definitions. §4320. In this Act unless the context otherwise requires: . (a) . "Factories" mean any premises wherein power 1s used. m m~~uf~cturing, .:n:i,aking, altering, adapting, ornamentmg, fm1shmg, repamng or renovating, any article for the purpose of trade or gain or the business carried ?n therein, including expressly any brick yard, meat-pack~ng house, foundry, smelter, ore reduction works, lime-burnmg plant, stucco plant,.steam heating plant, electric lighting or. power plant, mcludmg all work in or directly connected with the construction, installation, operation alteration removal or repair of wires, cables, switch-bo'ards or ap~ paratus used for the transmission of electric cmTent and water power plant, including towers and standpipes power plant, blast furnaces, paper mill, printing plant, flo~r mill glass f~ctory, ce~ent plant, artificial gas plant, machin~ or repair s~op, 011 plant, oil refinery plant and chemical manufacturmg plant. (b) "Work shop" means any yard, plant, premises, roc:t or place where power driven machinery is employed an m~nua! l~bor is exercised by wav of trade or gain or othe~se m~1d~ntal to the process • of making alterin ~epamtg, prmtmg. or ornamenting, finishing 01: adapti;g oh' ~ e or _otherwise any article or part of article over !o;kin~r[~~~1~ hiomthor _plhatcefthe employer of the person s e rig o access or control. (c) "Mill" m where machinery i eans dany Plant, premises, room or place in alt • s ~~e , any process of machinery1 chango/~the~~fle %::e:~~:i~thnrharticld or commod~ty for s::1-le are a part of the 1 t . . e yar s and premises, which bunkers saw mill Ps!~h tcl:dmg elevators, warehouses and industry. ' ac ory or 0.ther work in the lumber (d) "Mine" means an • • purpose of extractin ir Y. opemng m the earth for the 0 1 all underground wor1cin~~• , coald ?fr other minerals and wells and tunnels and oth s opes, ri ts, shafts, galleries, nected therewith' includin;r thay's, _cuts and openings conopened, sunk or 'driven a . ose m the course of being structures or machinery aid Ornclbudets ahll the ~ppurtenant r a ou t e openings of the 1 (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 t ank, gas tank, water t ank or tower, any caisson work or work in artificially compressed air, any work in dredging, work on log or lumber rafts or booms; pile driving, moving buildings, moving safes, or in laying, repairing or removing underground pipes and connections, the erection, installing, repairing, or removing of boilers, furnaces, engines and po,ver 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 (excluding mining and quarrying). (h) "Employer" includes any municipality, county, person, or body of persons, corporate or incorporate, and the legal representatives of a deceased employer or the receiver or a trustee of a person, corporation, association or partnership. (L. 1915, Ch. 124, §6; L. 1919, Ch. 117, §2; S. L. 1923, Ch. 60, §4.) • Workman-Definition. §4321. (i) "Workman" means any person, who has entered into the employment of or works under contract of service or apprenticeship with an employer, except a person whose employment is purely casual and not for the purpose of the employer's trade or business or those engaged in clerical work, and not subject to the hazards of the business, or one holding an official position. The term "workman" shall include "employee" and the term "employee"' shall include "workman," and each shall include the singular and plural of both sexes. Any reference to a workman, who has been injured shall, where the workman .is dead, include a reference to his "dependent family" as hereinafter defined, or to his legal representative �9 COMPENSATION LAW STATE OF WYOMING or where the workman is a minor or incompetent, to his guardian or next friend. (Amended by §2, Ch. 117, S. L . 1919.) (j) "Dependent families" as used in this chapt er means such members of the workman's family, as were wholly or in part actually dependent upon the workman for support at the time of the injury; if it be shown that t he surviving spouse wilfully deserted deceased without fault upon the part of the deceased, such surviving spouse \vill not be regarded as dependent in any degree. No surviving spouse shall be entitled to the benefits of this chapter unless he or she shall have been married to the deceased at the time of the injury. (Amended by §3, Ch. 138, S. L . 1921.) ployee, or because of his employment; nor a disease, except, as it shall directly r esult from an injury incurred in the employment. (n) "Invalid" means one who is physically or mentally incapacitated from earning wages. (L. 1915, Ch. 124, §7.) 8 (k) "Child or children" means boys under sixteen ye~rs of a~e and ~irls under eighteen years of age (and over ~aid age, if physically or mentally incapacitated from earni_ng) and shall also include legitimate children of the inJured workl!lan born af~er his death from injury. In other cases quest10ns_ of ~amily dependency in whole or in part shall be determmed m accordance with the fact as the case -may be at the time of the injury; the foregoing definition of "dependent familie~" shall. n_ot include any of the persons named,. who are aliens residmg beyond the jurisdiction of the Um'ted S_tates of America, except a surviving widow, or boys under sixteen (16) years of age or girls under eighteen ~18) years _of age, or parent or parents, and as to such non1 e~ident aliens the rate of compensation shall not exceed thirty-three ~nd one-~hird per cent (33 1-3%) of the rates of compensation herem provided. (L. 1915 Ch. 124 §6 • L. 1917, Ch. 69, §2; S. L. 1923, Ch. 60, §3.) ' ' ' 0) The words "injuries sustained in extra-hazardous entoyment,". a_s used in this Act shall include death resf w:g. from mJury, and injuries to employees as a result 0 . _eir emplo:yment and while at work in o~ about the P1 7m!ses occup_ied, used or controlled by the employer, and iiJe~;-1!~orur~i~g el~ewhere w~ile at 'York in places where • t th P oyers busmess reqmres their presence and sub~~s~ bu\ms~~1t~~t~a a~do~s _du~ies incident to the busi. . h' . me u e mJuries of the employees oc~~;:!n? 0 ~_leaft~/is \':ay to assum_e the duties of his emof which injury isl~~v{1t such duti~~ the ~roximate cause e emp1oye1 s negligence. 1 1 inclu~1;1~njJi~e c:~~~J ~~{hry a.1 ersonal inj~ry" shall n~t rected against an employe ef wi . u act of a third person die or 1 easons personal to such em- Guardian ll'lay Act. §4322. In case an injured workman is mentally incompetent or a minor, or where death r esults from the inj ury, in case any of his dependents, as herein defined be mentally incompetent or a minor, at the time when any right or privilege accrues to him under. this Act,. his guardian may, in his behalf claim and exerc1Se such right or privilege and no limitation of time, in this Act provided for, shall run, so long as such incompetent or minor h as no guar dian. (L. 1915, Ch. 124, §7.) If Other Than Employer is Liable. §4323. Where an employee coming under the provisions of this Act received an injury under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof, a_nd no legal liability attaching to the employer, then and m such case such employee shall be left to his remedy at law against such other person, and compensation shall not be payable under this Act. (L. 1925, Ch. 124, §8.) This Act Governs. §4324. No contract, rule, regulation or. device wha_tsoever shall operate to relieve the employer, m whole or !11 part from any liability created by this Act except as herem provided. (L. 1915, Ch. 124, §9.) Blanl< Forms Provided by the State Treasurer. §4325. It shall be the duty of t~e State Treasu~·er to prepare, cause to be printed and supplied free for use m the administration of this law such blank forms as may be needed in the administration of the act, and the forms provided by the State Treasurer shall be used as near as may be in all procedure under the act; and it shall be the duty of the State Treasurer to provide himself with such other books, records, or forms as may be deemed necessa~·Y: to expedite the transaction of business under the provis10ns of this chapter. The State Treasurer shall also prepare and �COMPENSATION LAW STATE OF WYOMING cause to be printed for the information of employees and workmen such helpful instructions as will assist inj ured worlanen in correctly making claims for compensation. (L. 1915, Ch. 124, §10; L. 1923, Ch. 60, §5.) The inj ured employee's report of accident may be made upon a printed form prepar ed by the State Treasurer for that purpose. No order or award for compensation shall be made unless in addition to the repor ts of accident an application or claim for award is fi led by the injured workman, or someone on his behalf, or in case of the death of the injur ed workman, by his dependents or some one in their behalf, with t he clerk of the district court in the county wherein such accident occurred, within three mont hs after t he day on which t he inj ury occurred, provided however, if t he employee's report of accident is filed within t he prescribed period for filing an employee's report of accident, t he period of limitation for the filing of such claim shall be nine months. Neither the reports of accidents nor anything therein con_tained shall constitute a claim for compensation. The employee's claim for compensat ion may be amended at any time before an original order of award has been made in order that the workman may correctly set out the nature of his injury. .(L. 1915, Ch. 124, §11; S. L. 1923, Ch. 60, §6; S. L. 1925, Ch. 124, §1; S. L. 1927, Ch. 111, §1.) 10 Employer's Report of Accident. §4326. Whenever an accident occurs causing inj ury to any worlanan engaged in any of the extra-hazardous employments defined by this Act, it shall be the duty of the employer and the injured employee or someone on his behalf, or in behalf of the injured employee's dependents, if he be killed or dies from the injury, within 20 days thereafter to make a report of such · accident and the apparent injury resulting therefrom and to file said report in t he office of the Clerk of the District Court of the county wherein such accident occurred .which report shall state : (1) The name of the injured workman and the time, cause and nature of the accident and injury; also whether the injury · has disabled the workman from continuing the performance of his duties. (2) Whether the accident occurred while the workman was engaged in the duties of his employment and grew out of the employment. ' • (3) The nature of the employment and the duties and. how long the worlanan had been engaged in the service of such employer. (4) Whether t_he accident was or ;as not due solely to the culpable negligence of the injured employee and ,i f so, a statement of the facts. . (5) Whether the injured workman is married or smgle; whether he has a dependent family and if so the ntha~es °f th e per~ons comprising such dependent family and eir p1ace of residence. . (6) ~hether the_ injured workman intends to clairrt compensation under this Act. . . Said employer's report Of ·d a printed f acci ent may be made upon ~f:i:edthe State Treasurer for such Purposes• ' anordmshparllepbared e ven Ith as plead"mgs m • c1v1 • ·1 act·10ns. Wilful failure or neglect business or occupation ison e part of any employer whose in, as being extra-hazar ane enumerated and defined hereinj urv to any of his e~ots, to report accidents causing and upon conviction sucli oyees, shall be a misdemeanor a fine of not exceeding Fiv:rrwloyder dshall be punished by un re Dollars ($500.00). I· 11 Investigation by the Dis trict Judge-Procedure in Disputed Cases. §4327. _Whenever an injury or death resulting from injury is reported to the Clerk of the District Court of the county wherein such injury occurred, in accordance with the preceding section, it shall be the duty of said Clerk to at once notify the Judge of said Court, that such injury report has been filed in his office. It shall thereupon be the duty of said Judge to investigate the nature of said injury and claim for compensation at the earl1est possible date, in such a manner as he may deem necessary to ascertain whether the claim for compensation or the amount thereof is disputed by the employer, and if there be no dispute as to the right of the injured workman to receive compensation, or as to the amount thereof, and the claim appear to be free from collusion, said Judge shall thereupon make an order directing payment for such compensation from the State Industrial Accident Fund in accordance with the facts by -h im 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 ~s to the amount thereof, then it shall be the duty of said Judge to set the case down for a hearing at the earliest possible date and to direct notice of such hearing to be issued by the Clerk of said Court for service upon the employer and the employee at least seven (7) days before the date fixed �12 COiWPENSATION LAW STATE OF WYOMING for said hearing which said· notice shall be served by the Sheriff of said county without expense to either party except that his actual traveling expenses shall be allowed and taxed, as costs. The hearing shall be conducted upon the statement and report filed by the employer and such formal claims as may be presented and filed with -the Cler k of the District Court by or on behalf of the injured workman. If. tl:ie employer in his report of the injury, alleges that_ t~e lllJUl"Y was due solely to the culpable negligence of the mJured employee, or that the claim for corn.pensat ion is <?De not coming within the provisions of this law, then a Jlll"Y ~ay be demanded by either party and the cause shall be tried, as a coUl"t proceeding. If a jury is demanded it ~ay be select~d ~r~m names drawn from the five mile li~it Jlll"Y box, as m civil cases, at any time in term or vacation unless a regular jur7 panel be in attendance at Court on t he date any such hearn:~g- may occur. The taking of evidence shall be summai-y, g1V1ng full opportunity to all parties to d~vel_op the facts fully. The official Court Reporter of the district shall att~nd the ~earing and make a stenographic report of the evidence without cost to either party The Court or Judge shall direct the County and Pros~cuting Attorney or other compete_nt ~ttorney appointed by the t_o _conduct the exammation of witnesses on behalf o the mJured workman, and it shall be the duty of said attorney t? appear and perform such services without expense ~\ either party. T_he employer may appear in person .01 Y counsel and mtroduce evidence at the same ~ean~f" No costs shall be taxed by the Clerk except fees all~ wid n~~ses, who may be subpoenaed and who shall be <;urt it~\~ ~~~s~~11:~:~~s~t~~tj~; :!s~i~r~1:i ~~ and judgment be in favor ef acci ent fund, if the verdict the employer then he shallo th 1hemployer, but if against sion of the hearin th C pay e costs. At the conclusuant to the verdicf of he ~urt s)'tall _enter an order purno jury be called the Com4ury, ~ Jury be called and if cision upon the f~cts and 1 or ? ge shall render a deprovisions of this Act and aw kf t ile case pursuant to the allovring compensatio~ as ilia an order allowing or diswarrant. In any pro~eedin \ aw and the evidence may aforesaid, t he Court or Ju/ efore a Court or Judge as po~nt a duly qualified impa~~i jhai h~ve authority to apmJured employee and give t at· P ysican to examine the service shall be Five ($ 5 ip;0 ·The fee for such ordered by the Court with· mil O ars, unless otherwise to other witnesses which shall bagf allowed, as is allowed as other witness f~es are paid Th axed, as costs, -and paid • e employer or employee f j t oi) 1ty- 13 may at his own expense also appoint a qualified physician, who may attend and be present at any such examination of an injured employee and give testimony at such hearing or investigation. (L. 1915, Ch . 124, §12. ) Appeal to Supre me Court. §4328. Any order given and made in any investigation or hearing by a Court or J udge pprsuant to t he provisions of this chapter shall be reviewable by t he State Supreme Court on proceedings in error in t he manner prescribed by the code of civil procedure ; pr ovided, however, that the petition in error, bill of exceptions and r ecord on appeal must be filed in t he 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 Judge, and t hirty (30) days shall be allowed all parties t hereafter for fili ng briefs and said appeal shall be advanced on t he calendar and disposed of as promptly as possible. In case an appeal to the Supreme Court is prosecuted on behalf of t he injured workman, the County and Prosecuting Attorney, or other attorney representing said workman, shall order a transcript of the record of the hearing and proceeding to be prepared by the official Court Reporter of the District wherein said injury 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 othel' attorney representing said workman. In case an appeal be prosecuted on behalf of the employer, the record of the proceedings at the original hearing shall be supplied without cost to such employer, but such employer may employ counsel to conduct such appeal on his behalf. . The Court granting an appeal to an employer from an order of award shall stay, until the appeal is finally determined, the payment of said award or that portion thereof appealed from upon such terms as may to the Court seem just and proper. (L. 1915, Ch. 124, §13; S. L. 1925, Ch. 124, §2.) Court Order Recorded-Copies to Auditor and Treasurer. §4329. Every order given and made by a District Court or Judge awarding payment from the Industrial Ac- �COMPENSATION LAW STATE OF WYOMING cident Fund to an injured 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 Treasurer, 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 authority and direction of the State Auditor to issue warrants for compensation awards against the Industrial Accident Fund and for the State Treasurer to pay such compensation awards from said fund. mileage of witnesses, juror s and physicians adjudged to be· paid from the· accident fund in any court proceeding under this Act, and all contingent expenses incurred in preparing for and in t he administration of this Act shall be paid from the Industrial Accident Fund on proper vouchers and warrants. (L. 1915, Ch. 124, §15 ; L. 1919, Ch. 117, §15.) 14 Industrial Accident Fund-Appropriation. §4330. There is hereby created a fund to be know n a s the "Industrial Accident, Fund," which shall be held by t he State Treasurer and by him deposited in such banks as ar e authorized to receive deposits of the funds of the State. The Treasurer in making said deposits shall divide the said Industrial Accident Fund into two distinct funds , one to be known as the "General Fund" and the other to be known as the "Reserve Fund." The "General Fund" as near as ~ay be, shall be used for payment of all awards, claims a nd items of expense chargeable against the In -Justrial Accident Fund, and the "Reserve Fund" shall not be used for any of ~aid p_a:rments unless the "General Fund" at the time is msuff1C1ent to meet the demands upon it, in \ vhich case the Treasurer shall transfer from the "Reserve Fund" to the ."General Fund" a sufficient amount to meet •the immediate. dema!1d~, upon said "General Fund." The purpose of creatmg _said ~e~erve Fund" is to provide a fund within the Industrial Accident Fund sufficiently large to pay !!Teat an~ unu~ual demands upon the Indushial Accident Fund which _might be caus_ed by a large disaster or · by several such disasters occurrmg within a short time and the "Reserve Fund" shall be kept apart from the "General Fund" and as ne:3-r _as m~y be unused in accordance with said purpose. Withm thirty days from February 20 1919 the State Treasurer shall set aside in the "Reserve Fund'' Three Hshuanlldredt T~dous_andthpona_rs ($300,000.00), and thereafter se asi e m i~ said "Reserve Fund" at the end of each month twenty-five per cent (25w:) f II 10 0 ceived m • th e I ndus t rial • Accident • Fund dminga •moneys d • thre• excess of the amount expended th b I sa1 mon m received to be used in the "Ger{era{Fuand1;;e monfeysrtho of the "Reserve Fund" shall b • ree- ou s vested in United States Gover~!!n1eif as may be kept inSchool District or Municipal Bonds Allonds, State, 9ounty, the State Treasurer under the • . . moneys received by become a part of the Industrial pAro:71ds10tnsFof this Act shall cci en und. All fees or T1 15 "Employer's Assess ment" §4331. Every employer engaged in any of the occupations herein defined, as extra-hazardous, is hereby required to pay into t he State Treasury for the benefit of t he Industrial Accident Fund a sum of money equal to one and one-half per cent (1 ½ %) of the money earned by each of his employees engaged in such extra-hazardous employment during each calendar month of such employment-. Such payment shall be so made on or before the 15th day of t he mont h following the month for which such payments are computed and paid. Each employer shall continue to make monthly contributions as above provided unless his account af ter making the hereinafter specified deductions therefrom shall equal full two per cent (2 %) of his annual payroll computed by multiplying his cmTent months payroll of workmen engaged in extra-hazardous employment by twelve and shall likewise be not less than Three Thousand Dollars ($3,000.00); provided, however, that any employer whose account is overdrawn shall be required to pay monthly a sum of money (including the payments as above specified) equal to four per cent (4 %) of the moneys earned by each of his employees engaged in such extra-hazardous employment during each calendar month of such employment until such overdraft shall be paid. Such employer shall not be compelled to contribute when his contributions in the fund, after making deductions as aforesaid, shall equal two per cent (2 %) of his annual payroll, and shall likewise be not less than Three Thousand Dollars ($3,000.00). 'In addition to the other payments required by this section to be paid into the Industrial Accident Fund, every employer engaged in any of the occupat~ons herein defined as extra-hazardous shall make a payment to be known as a "service and policing charge." -Such service and policing charge shall be paid by the employer into the State Treasury for the benefit of the Industrial Accident Fund and shall not be credited to the balance of the employer ·contributing. The amount of-balanc.e in the Industrial Accident Fund to the employer's credit shall not relieve him . of his duty and liability to pay the service and policing charge; provided, however, that no employer who pays for �COMPENSATION LAW STATE OF WYOMING any calendar month four per cent of the moneys ear ned . by each of his employees engaged in such extra-hazardous employment during such calendar month shall be compelled to pay a service and policing charge for such month. (b) In payment of medical and surgical. supplies and medical or hospital attendance of an employee of such employer. 16 The service and policing charge shall be computed on the monthly premium paid by the individual employer into the State Treasury for the benefit of the Industrial Acci~ent F~nd during each calendar month or on the · premmm which the. employer would have been required to pay had not the amount of the employer's balance relieved him from the payment of a premium. The a_mount of t_he service and policing charge shall be determmed accordmg to the following schedule: 1Service and P olicing Charge for the Month Where the Monthly Payment is- Less than $10.00 ______________________ $ 2.00 $ 10.01 to $ 20.00 incl. _____ ________ 3 00 20.01 to 30.00 " • 30.01 to 40.00 " ------------S.OO 40.01 to 50.00 " ============= 16:8~ 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 " 3o.oo 90.01 to 100.00 " ------------35 .oo 100.01 to 250.00 " -,- ----------5o.oo 250.01 to 500.00 " ------------500.01 to 750.00 ,, ------------75.00 750.01 to 1000.00 ,, ------------- 100.00 1000.01 to 2500.00 ,, ------------- 125.00 2500.01 to 5000.00 ,, ------------- 150.00 Over $5000.00 ------ - -175.00 ------------------------ 200.00 For the purpose of encouraofog . th the employers and· thus decreasir~g acc~~Ie t ont e part of ~n~ to the end that each e . en s o employees, mJuries to the workmen of ~1hyer hall compensate all of other employers the State emp oyer and not those arate account for ~ach empl _easurer s~all ~eep a sepfuncl and shall charge a ainst oyer so contnbutmg to said all warrants paid from fhe Indthet1~c coAunt_ of each employer_ s 1.a1 cc1dent Fund. (a) As awards for inJ'u .• t O ployer. nes employees of such em- Tu 1 17 (c) In payment for investiga/tions of accidents of such employer, or in payment of investigations of injuries to his employees. (d) In payment of witness fees in cases wherein an order of award is granted to t he employee of such employer. (L. 1915, Ch. 124, §16 ; S. L. 1917, Ch. 69, §3; S. L. 1919, Ch. 117, §4; S. L. 1923, Ch. 60, §7; S. L. 1925, Ch. 124, §3; S. L. 1927, Ch. 111, §2.) Copy of Payroll to State Treasurer. §4332. It shall be the duty of each employer to forward :to the State Treasur er on a blank form provided by said State Treasurer a true copy of his pay-roll of persons in his employ engaged in extra-hazardous employment during the culTent calendar month, sworn to either by himself or the person having knowledge of said pay-rolls. Each employer, unless otherwise supplied with the last above blank forms, shall seasonably apply to said State Treasurer for the same. It shall further· be the duty of each employer heretofore mentioned to notify the State Treasurer in the event that he has ceased to employ workmen in occupations of an extra-hazardous nature as defined by this Act. Any failure of any such employer to file with said State Treasurer a copy of his pay-roll as herein provided, shall be a misdemeanor, and any wilfully false statement in any affidavit made . as herein provided shall likewise constitute a misdemeanor, and any misdemeanor committed as in this Act provided shall be punishable by a fine of not more than Five Hundred ($500.00) Dollars. (L. 1915, Ch. 124, §17; L. 1917, Ch. 6~, §4; L. 1919, Ch. 117, §5; S. L. 1923, Ch. 60, §8.) Powers of State Treasurer and Attorney General. §4333. The State Treasurer is authorized and empowered for the purpose of enforcing the provisions of this act to appoint two inspectors, the salaries and actual and necessary traveling expenses of such inspectors to be paid out of the Industrial Accident Fund. In case any employer engaged in any extra-hazardous business or industry, as defined by this Act, shall fail or refuse to pay the assessment upon his current monthly pay-roll, as is required by this Act, he shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred �18 COMPENSATION LAW STATE OR WYOMING Dollars ($500.00), and in addition to the said fine it sh all be the duty of the Attorney General of this State to immediately bring suit in the name of the State for the benefit of the Indus~rial Accident Fund against such employer for the collect10_11 o~ such assessment, and if a judgment for the recovery of said assessment be . given in favor of the State fo1: t~e use and benefit of the Industrial Accident Fund, said Judgment shall be for double the amount of t he pay-roll ~ssessment provided in Section 4331 hereof, toge~her with costs. (L. 1915, Ch. 124, §18; L. 1917, Ch. G9, §5, S. L. 1923, Ch. 60, §9; S. L. 1927, Ch. 111, §3.) Compensation Schedule. §4334. Each employee, who shall be injured in an of the extra-hazarc~ous employments, as herein defined, of the dependent family of any such injured workman who ~a:y die as the result of such injuries, except in case ~f inJm-ies due solely to _the culpable negligence of such in ·ured employee, ~ha!~ receive out of the Industrial Accident ftund co1J1pensation m accordance with the following schedule ' af such payme_nt shall be in lieu of and take the plac~ o any and all rights of action against a 1 ribttFing, ~s required by this Act to then)na~ftifa't en und m favor of anv person or pe b . any such injuries or death. rsons Y Ie~son of Ai;t eith c.a) "Pfertmanent partial disability" means the loss of e~ one oo , one leg, one hand one arm the sight of one eve one or more f", . , one eye, or and dislocation ,vh~re the ligame~igeis: one or more toes, o!her_ !njury known to surgery to \:Ie se:vered, or a'!lY d1sabihty. For any permanent . . pe~ma_n~nt partial 1 after specifically described, resu!B~ tI~l. d1sab1l~t~ hereinworkman shall receive a lump sum a! f~I1~sa:n mJury, the For the loss of a thumb___ __ . Fo1: the loss of a first finger=======--------- $ 225.00 F01 the loss of a second finO' . --------- • 200.00 F01: the loss of a third finge;~~====---------150.00 Fo1 the loss of a fourth finO' . ---------150.00 For the loss of a pal ( t e1______________ 150.00 For the loss of a ha~--~~ acarpal bone)_____ 600.00 For the loss of an arm at 0 ;-b""eT--- i;-------- 1,000.00 For the loss of an arm above elbo e1 ow______ 1,200.00 • ( w__________ 1,500.00 Fol. An!cy-Iosis total stiff (due to scars or injuries) wh • hness of) or contractures t~an useless the same amou;f makes the fingers more fmgers (not thumb) as given abo~~~ly to such finger or 0 19 The loss of a t hir d or distal phalange of the thumb shall be consider ed to be equal to the loss of one-half of such t humb ; t he loss of t he more than one-half of such t hum b shall be considered to be equal t o the loss of the whole thumb. • The loss . of a third or distal phalange of any finger shall be consider ed to be equal to the loss of two-thirds of such fin ger . The Joss of more t han the middle and distal phalanges of any fi nger shall be consider ed to be equal to the loss of t he whole fin ger; provided, however, that in no case shall the amount r eceived for more th an one finger exceed t he amount provided in t his schedule for the Joss of a hand. For t he loss of a great toe __________ _________ _ $200.00 For t he loss of one of t he toes other t han great toe 150.00 The loss of mor e t han two-t hirds of any toe shall be consider ed equal to t he loss of the whole toe. The loss of less than two-thirds of any toe shall, be consider ed equal to t he loss of one-half of the toe. For t he loss of a foot_ _______ __ __ ____ _______ $1,000.00 For t he 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 o_ther injury known to surgery to be permanent partial disability, the workman shall receive a sum in the amount proportional to the extent of such permanent partial disability based as near as may be upon the foregoing schedule, but in every s uch case the amount allowed for the injury shall be paid in monthly installments at the rate of Fifty Dollars per month if the workman be unmarried at the time of the injury, and at the rate of Sixty Dollars per month if the workman has a wife with whom he is living at the time of the injury, provided, however, that the C!ourt making such award shall retain jurisdiction of the same until said award shall have been fully paid, with power to modify or change the amount of the award to conform to any change in the condition of the injured workman, and shall have power at any time during said period, upon application and hearing, with notice to the employer, and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the injured. workman as a lurrip sum. (b) "Permanent total disability" means the loss of both legs or both arms, total loss of eyesight, paralysis or �20 COMPENSATION LAW STATE OF WYOMING other conditions permanently incapacitating the workman from performing any work at any gainful occupation. 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 for a subsequent injury shall be determined by deducting th~refrom the p~rcentage of the previous disability, as it existed at the .tim~. of the subsequent i~jury. When permanent total d1sab1hty results from the mjury the workman shall receive the sum of Four Thousand ($4,000.00) p~Uars, but in every such case the amount allowed for the mJury shall be paid in monthly installments at the rate of Fifty_ Dollars pe! ~onth if the workman be unmarried at the tim~ of the mJury, and at the rate of Sixty Dollars per month if the workman has a wife with whom he is livincr at t~e time of the injury; provided, however, that the com~ ~ak1~g such award shall retain jurisdiction of the same until said award shall have been fully paid, with power to modify or c~ange the amount of the award to conform to any change m the conditi?n of the injured workman, and shall h.ave power at any time during said period upon application and hearing, with notice to the employer: and a showing of .the necessity therefor, to order all or any part of the unpaid balance of the aw~rd to be paid to the injured workman as ~ lump sum; provided that if the workman shall die leavmg an unpaid balance of the award, then such unpaid balance sha_ll be returned to the Industrial Accident Fund ~md b~ credited to the employer's balance. If the workman suffering su~h permanent total disability nave a boy or boys under sixteen (16) years of age, or· girls under eighteen (18) ~ears of age, ~he guardian of such child or childhren, appointed a~ herem.after provided, shall receive for t e use and benefit of said child or children a lum of One Hundred and Twenty ($120 00) Doll'ar P sum for each b?Y un der. six • t een (16) years • until the stime per when year each of said boys shall become sixteen (16) ye f and a lump sum of One Hundred and Twent ars o age, Dollars _per ye~r for each girl under eighteen (:i8) ($120.001 age until the time when each of said girls shall b year~ ~ teen (1~) years. of age; provided that the aggr~cgo~e f1g sum paid to said guardian shall i e ump Thousand ($4,000.00) Dollars, an~ ~~ case exceed Four made on account of any such child or chhd:nd all awar~s bursed under a proper guardianship t b en, shall be disCourt or Judge making such award. 0 e created by the . (c) "Temporary total disabilit.(y" • . . which though it may result or do me.ans an mJury total or partial disability tempora:!tl re.sult m _a permanent ' •• Y incapacitates the in- 21 j ured person from performing any work at any gainful occu- pation for the time, but from which injury such person may recover by medical or surgical t r eatment and be able to re· sume ,vork. In such case, if the workman be unmarried at the time of the injury he shall r eceive the sum of Fifty ($50.00) Dollars per month, so long as the total disability shall continue. If he have a wife with .whom he is living at t he time of t he inj ury, he shall receive Sixty ($60.00) Dollars per month, and if he have boys under sixteen (16) years of age or girls under eighteen (18) years of age, or both,•he shall receive for each Seven and One-half ($7.50) Dollars per month, but the total monthly payments shall not exceed Ninety ($90.00) Dollars per mont h. No compensation except t he expense of medical attentio n shall be allowed for the first seven (7) days of disability, unless the incapacity extends beyond th e period of twenty-one (21) days, in which case the compensation shall run from the time of the injury. As soon as recovery is so complete that the earning power of t he 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 the aggregate the lump sum amount herein specified to be paid an injured workman for injuries causing permanent total disability. When the workman has non-resident alien children he shall receive only one third of the sum above fixed for boys under sixteen years of age and girls under eighteen .years of age. (d) In all cases of temporary total disabil~ty, .I?ermanent partial disability and. permanent total. d1sabil~ty, the expense of medical attention an~ of care m hospit~l of the injured workman shall be paid from date of said injury, the expense of medical treatment_ not to exceed One Hundred and Fifty ($150.00) Dollars in any case and the expense of care in hospital not to exceed One Hundred and Fifty ($150.00) Dollars in any case, unless under general arrangement the workman is entitled to m~ical attention and care in hospital, or the employer furmshes adequate and proper medical attention and hospit~l facilities to his employees, provided,_ howev~r, that no bill or fee for medical attention or care m hospital shall be al_lowE:d or paid without notice to the employer and a hearmg if requested by said employer. The Stat~ .Treasurer shal~ have the power to establish a s_chedule fixing th_e fees for which all medical, surgical, hospital or other ~egahz~d forms of treatment rendered to employees under this .section_ shall be compensated. Each physician. or surgeon attendmg a workman injured while engaged m extra-hazardous occupation shall file with the Clerk of the qourt of the co~nty within which such injury occurred and with the State Treas- �23 COMPENSATION LAW STATE OF WYOMING urer under rules to be prescribed by the State Treasurer a full and complete report fully describing the nature of t he injuries to such workman; provided that such report shall not be .required unless the disability resulting from such injury last s through the day or the injury requires medical services other than the ordinary first aid treatment. Any physician or surgeon failing to file any report as her ein provided shall be punished by a fine of not mor e t han Fifty ($50.00) Dollars. Where death results from an injury the expense of burial shall be paid not to exceed One Hundred and Fifty ($150.00) Dollars in any case, unless other arrangements exist between employer and employees under agreement. (S. L. 1923, Ch. 60, §11; S. L. 1925, Ch. 124; S. L. 1927, Ch. 111, §4.) und er sixteen (16) years of age unt il the time when each of said survi ving boys shall become sixteen (16) year s of age, and a lump sum of One H undred and Twenty ($120.00) Dollars per year for each surviving girl under eighteen (18 ) years of age until t h e t ime when each of said surviving girl s shal l become eighteen (18 ) years of age; provided that th e aggr egate lump sum paid to said g uardian shall in no case exceed Three Thousand Six Hundred ($3,600.00) Dollars . In all cases where an order of compensation is made on account of boys under sixteen (16) years of age, or girls under eighteen (18 ) years of a ge, or both, or to per sons incompetent, said fun d shall be disbursed under a pr oper guardianship to be cr eated by the Court or Jud ge making such an order. (2 ) If t he inj ured workman die during the period of t empor ar y total disability and after r eceiving compensation ther efor , as her ein pro,rided, and his death be shown to have r es ulted from such injuries, t he widow and the guardian of t he workman's boys under sixteen (16) years of age and gir ls under eighteen (18 ) years of age shall be entitled t o a n award because of t he death of the workman as herein provided, but the total amount of paym ents in excess of Two Thousand Fo ur Hundred ($2,400.00) Dollars received by th e inj ured workman during such disability and prior to his death shall be proportionately deducted from the am ounts herei n provided to be paid to the surviving widow and the guardian of t he workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age. 22 (1) But if the workman leaves a widow or invalid widowe_r, to whom she or he has been regularly married by a_~arriage duly solemnized by a legal ceremony, such survivrng spouse shall receive the sum of T\vo Thousand ($2,000.00) Dollars, but in every such case the said award s~all be paid in monthly installments at the rate of For tyfive ($45.00) J?ollars per month; provided, however, that the ~ourt !llakm&" such award may upon application and hearrng, with notice to the employer and a sho\'.ring of the necessity therefor, order all_ or any part of the unpaid balance of the award to be_ ~aid to the surviving spouse as a lump sum. If the survivmg spouse shall re-marry before all of ~aid award _has been paid, then he or she shall only be e_,nbtled to receive the sum of T_wo Hundred and Seventy ($210.00) Dollars out of the unpaid balance of said award and further payment shall cease, and any balance of t h~ award s~1all return to the General Fund and the same shall be credited to_ the employer's balance; if the surviving spouse shall die before all of said award has been paid then further payment shall cease and any balance of the award ~hall return to the General Fund and the same shall be c1·e_d1te_d to the employer's balance. Provided further that if 1! be shown t~at the surviving sp~use wil~ fully deserted decea_se_d without fault upon the part of the deceased, s1;1ch surv1vmg spouse shall not be regarded as a dependent m_ any degree, but in such case the right of boys under sixteen (16) years of age and girls under ei hte~n years of age to compensation shall not be defeated g If said wo.rkman leaves a· surviving boy or boys und er six • ·t een - 1s under (16) Yea• 1·s of age_ or gir 1 or gir eighteen (18) , of age, the guardian of such child or children ap • / ~ars herei~after provid~d, shall receive for the u;e a p~ib e 1 of said child or children a lump sum of One H n d ~ne d Twenty· ($120.00) Dolla{·s per pear for each su~vf~g t~Y f"~ (3) If any workman die within one ye~u- fi:om . ~he date of receivino- an award for permanent partial disability and his death b: shown to have resulted from the injuries for which the award was granted, .the ~vidow and the guardian of the workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age shall be entitled to an a,vard because of the death of the workman as herein provided, but the am~rnnt of ~he payments received by the injured workman prior to his. death. shall ~e proportionately deducted from the amounts herem ~rovided to be paid to the surviving widow and the guardian of ~he workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age. (4) If any workman die within two years f~·om. ~he date of receiving an award for permanent total_ d~s~bi~1ty and his death be shown to have resulted from his 111Jtmes, the widow of said workman shall be entitled t_o an a~ard because of the death of the workman. as herem p1:ov:ided, but the amount of the payments received by the mJured �24 COMPENSATION LAW workman in excess of $2,000.00 prior to his death shall be deducted from the amount of her award. (5) If the workman leaves no widow, or widower or boy under the age of sixteen (16) years, or girl under the age of eighteen (18) years, but leavE)s a parent or parent s surviving, such surviving parent or parents shall receive a lump sum of One Thousand ($1,000.00) Dollars; provided a parent or parents who are non-resident aliens shall receive a lump sum of one-third of One Thousand ($1,000.00) Dollars. (L. 1915, Ch. 124, §19; S. L. 1917, Ch. 69, §6 ; S. L. 1919, Ch. 117, §6; S. L. 1921, Ch. 138, §7; S. L. 1923, Ch. 60, §11; S. L. 1925, Ch. 124, §4; S. L. 1927, Ch. 111, §5.) Forfeiture by Injured Employee-Payments Withheld. §4335. If any injured employee shall persist in unsanitary or injurious practice, which tends to imperil or retard his recovery, or if he shall refuse to submit to such medical or surgical treatment, as is 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 withheld and delivered to such injured workman upon his recovery or discharge _by such physician. • Exemption from Execution or Attachment. §4336. No money paid or payable under this Act out of the. Industrial Accident Fund shall, prior to issuance and d~hvery of the warrant therefor be capable of being assign~d, charged or ever be taken in execution or attached or garnisheed, or shall the same pass to any other person by op~ration of law any such assignment or charges shall be VOld. ST4TE OF WYOMING 25 Extra -Hazardous P ublic Work-Contract Work. §43~8. Whenever t h~ State, county or any municipal corporat10n shall engage m any extra-hazardous work in which workmen ar e employed for wages this Act shall be applicable thereto. The employer's pay:Uents into the Industrial Accident Fund shall be made from the Tr easury or the State, county or municipality. If said work is being done by contract, t he payroll of t he contractor and the sub-contractor shall be t he basis of computation and in the case of contract work consuming less than one year in performance t he r equired payment into the accident fund shall be subj ect to t he provisions of this Act and the State for its general fund , t he county or municipal corporation shall be entitled to collect from the contractor t he full amount payable to t he Industrial Accidenf Fund and the cont r actor in t urn, shall be entitled to collect from t he sub-contractor his proportionate amount of payment, t he provisions of t his section shall apply to all extra-hazardo us wo rk done by cont ract, except that in private work t he contr actor shall be r esponsible, primarily and directly, to t he Industrial Accident Fund for the proper percentage of the total payroll of t he work and for the amounts due it, and t he owner of th e property affected by the· contract shall be surety for such payments. Whenever and so long as the stat e law, city charter or municipal ordinance, provision is made for municipal employees injured in the course of employment, such employee shall not be entitled to the benefits of this Act and shall not be included in the pay-roll of the municipality under this Act. Safety Devices. §4339. Nothing in this Act contai~ed shall r~peal any existing law , providing for the installat10n or 11:amtenanc_e of any device, means or method for the prevent10n of a_ccidents in extra-hazardous work or for a penalty or punishment for failure to install or maintain any such protective device, means or method. Minor Workmen. §4337. A minoi: working at an age legally permitted under the laws o~ this State shall be deemed sui juris for the purpose _of this ;Act and no other person shall have any • ca_use of action or right. to compensation for injury to such mmor workman, except as expressly provided in this Act but m t~e event of a l'!]IDP sum payment becoming du~ under this Act ~o ~uch mmor workman, the management of same shall be withm the probate jurisdiction of the Co rt the same as any other properties of minors. u s, Fees for Services in Procuring Compensation Limited. §4340. It shall be unlawful for any person ?r any number of persons acting together or separately or m any way, including attorneys, agents, interpret~rs, an~ all other _pe~·sons, to receive or agree to receive _ei_th~r dll"ectly O! mdirectly from any beneficiary or beneficiaries _under. t~is Act, for services rendered or to be rendered, e1th_er Jomtly _or separately, in relation to procuring any benE:flt or benefits under this Act anv sum or sums aggregatmg more than ' - �COMPENSATION LAW STATE OF WYOMING five percentum of the whole amount received or to be received by such beneficiary or beneficiaries on account of injuries to any employee, and in no event to exceed Fifty ($50.00) Dollars. Every person violating or concerned in the violation of the provisions of' this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars nor more than five hundred dollars, to which may be added imprisonment in the county jail for a term not exceeding ninety days. It shall be the duty of the county and prosecuting attorney of the county in which any injury occurs to give all necessary legal advice to any injured workman or his dependent, who may· seek advice in making and. filing claims for compensation, and to prepare all statements of claim or other papers necessary or advisable to be filed by such workman or dependents, free of all charges and costs. (Amended by §8, Ch. 138, S. L. 1921.) may deem pr oper for changes or amendments herein and to publish a full r epor t t hereof, to the Governor on o; before t he 31st day of December in each year. (Amended by §7, Ch. 69, S. L . 1917.) 26 Physicians Required to Testify. §4341. Any physician having attended an employee in a professional capacity may be required to testify before any Court or Judge when so directed in cases coming within the provisions of this Act, and the law of privileged communication between physician and patient, as fixed by statutes, shall not apply in such cases. False Statement by Employee. §4342. Any employee or workman who shall make or cause to be made on his behalf any misrepresentation or false sta~ement for t!1e purpose of receiving compensation under this Act to which he 1s not lawfully entitled shall be guilty of a misdemeanor, and shall, upon conviction, be fined not more than Three Hundred ($300.00) Dollars or imprisoned for not more than ninety (90) days. Statistics Compiled by State Treasurer. §4343. It shall be the duti of the State Treasurer to s~cure and col'!Ipil~ statistical information concerning acc!dents, occ~u-rmg 111 th~ extra-hazardous employment def111_e~l by this fa.ct,. show111g the number of accidents or fatal_1b~s occurnng 111 each of said employments, the amount pa!d 111 by each employer_ coming within the provisions of this Act; t~e amoun~ J?aI~l o~t on account of injuries, or death resultmg_ from 111~Ul'les 111 such employments and any o~her 111f~rmation relatmg to the operation or administrat10n of this law that may ~e of interest and to make a full report thereof, together with such recommendations as he 27 Sta te T reusurer i\I ay E xa mi ne Em pl oyer's Books. §4344. The State Treasurer may at any time on twenty-four ho urs notice, (unless such notice is waived by t h e employer) eit her in per son 01· through any authorized inspector, agent or deputy, examine the books, accounts or payrolls of any employer at any t ime for the purpose of seemi ng any information desfrecl in the administration of this Act. (S. L . 1927, Ch. 111, §6.) Disabl ed 'tVor k men E xa mined 'hy Employer's Physician-Recovery RepQrted to Court. §4345. Any workman awarded compensation for temporar y total disability under this Act as defined by clause (c) of Section 19 hereof shall, if thereafter requested by his employer , submit himself for medical examination by a physician licensed to pract ice 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 his earning power at any kind of work is restored the fact shall be reported by the employer and said physici~n to the Judge of the District Cour~ who made the award in the first instance, or if there be a dispute as to the recovery of the workman and his re~toration to earning power, it shall be likewise_repo:rt;ed ~o said Judge by filing a statement in either case 111 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 mann~r 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 comp_ensation sh~uld be discontinued his decision and judgment rn the premises shall be certifi~d to the State Auditor an~l Stat_e Treasm:er and shall be authority and direction to said officers. to discontinue compensation payments. ~f t~e workma~ m s~ch case refuse to submit to such exam111at1011 or obstI ucts the same, his right to monthly payments shall be suspended until such examination has taken place, and no compen~ation shall be payable during or for account of such period or refusal. �28 STATE OF WYOMING COMPENSATION LAW 29 §4346. All employees or workmen coming within the provisions of this Act shall be required upon entering service in any of the extra-hazardous employments herein defined to make and sign a written statement setting forth the names of the persons dependent upon them for support or constituting members of their dependent families, in each case giving the names and ages of their boys under the age of sixteen (16) years and girls under the age of eighteen (18) years. • employer, or after he ceases such business. Provided, that every employer , operating under the provisions of said Act shall pay into said "Workmen's Compensation Fund," the sum of at least $5,000.00, and Provided further if this chapt er shall be hereafter repealed or held invalid, the moneys which are in the industrial fund at the time of disposition as may be provided by the legislature, and in default of such legislative provision, distribution thereof shall be in accordance with the j ustice of the matter, due regard being had to obligations of compensation incurred and existing. (Amended by §1, Ch. 76, S. L. 1921.) Accounts Inactive Three Years to Be Closed. Rights of Action. §4347. Any balance standing to the credit of any employer in the Industrial Accident Fund for three years after said employer shall have ceased to engage in Wyoming in the occupation on account of which his said contributions have been made shall be debited from his account to the profit and loss account of said fund, and said employer's account shall be thereupon finally closed, and thereafter the said balance shall permanently remain a part of the Industrial Accident Fund. §4349. Nothing in the Workmen's Compensation Law shall be construed to limit or affect any right or action by an employee against an employer for injuries received while in the employ of such employer when such employer at the time of such injuries is not contributing to the industrial accident fund as provided in this Act. Employee's Statement of Dependent Persons. Payments of Employers Not to Be Refunded-Transfer and Assignment. §4348. All payments made into the Accident Fund by any and every employer under the provisions of this Act ~hall b~ taken as paid and received in consideration of the rndemmty to ~uch e:r_nployer by reas?n of his contributing to the Industrial Accident Fund, and m consideration of the payments made by the State to such fund. Provided, that when any employer engaged in an extra-hazardous occupation as defined in this chapter, has heretofore sold and conveyed, or shall hereafter_ sell and convey his or its property to a; purchaser who_ contmues to conduct and carry on said busmess at the ~ame place the seller shall be entitled to tr~n~fer and 3:ss1gn ~~ the pu~chaser all rights, benefits, pnvlleges and 1mmumties accrumg to such employer by virtue o~ any S?m then on deposit to his or its credit in the Ind?~tnal Acc1<:1ent F~nd in the St~~e Treasury under the prov1s10ns of said Act , and upon flhng such assignment with t~e State Tre~surer1 ~he pur~haser ~~all succeed to all said ri~hts, benefits, pnvileges,. immuruties of said employer. S_a1d pur~haser shall be_ subJect to obligations of compensat10n aga1_nst the seller ;1-ncurred and existing at the date of su~h ~ss1gnment; provided, that no part of any moneys so P!lld in hr any e:r_nployer shall ever be refunded to him either durmg the time when he continues in business as such Right of State Treasurer to Appeal. §4350. The State Treasurer shall _have the rig~t to appeal to the Supreme Court from any final or<:1er or Judgment in any District Court of the Stat~ awardmg compen. sation or declininO' to award compensat10n although he was not a party to th~ proceedings in such District Court, ~pd upon the perfecting of any such app~al the Cour~ allowmg the appeal shall issue an order staying the ~xecut10n o~ ~he final order or judgment appealed from without requmng any bond. The Attorney General shall act as the attorney of the State Treasurer in every such appeal, and each a;Ppeal shall be conducted without expense to the Industnal Accident Fund. (S. L. 1925, Ch. 124, §5.) Date for Filing Prior Claims. §4351. All bills or claims !o~ medical, surgical or hos; pital services rendered to any mJured v.:orkman under th provisions of the Workmen's Compen~ation Act more than thirty (30) days prior to the date this law becomes effective shall be filed with the District Court of the. propE:r County within fifteen (15) days aftei: the dat~ on which ~his Act becomes effective and no such bill or claim forcse~ces or expenses whatsoe;er shall be allowed by the ou or paid from the Compensation Fund unl~ss th e have prior notice thereof and a hearing be a hearing is requested by the employer. ;::::rt){e~~i~i~ �30 COMPENSATION LAW Bills to Be Ite mi zed-Time for Filing. §4352. All bills for medical attendance, expense or disbursements, and for hospital services, shall be properly dated, itemized and verified by the claimant or the same shall be disallowed by the Court, and every doctor who shall attend an injured workman shall within ten (10) days after the first of the month succeeding that in which he rendered service to the injured workman file with the Clerk of t he District Court of the proper County, his itemized and ver ified bill for all services rendered by him and expense incurred in behalf of the injured workman during the previous month, and shall send a copy thereof to the State Treasurer, and all claims for medical attendance or medical services not so filed within the time specified shall be disallowed by the Court. Notification by Doctor. §4353. Every doctor who accepts the case of an injur ed workman, and every hospital which accepts the case of an injured workman shall within ten days after accepting such case file a written notice thereof with the Cle1·k of the District Court, and shall send a copy of such notice within said ten (10) days to the State Treasurer and another copy ·within said period to the employer of the injured workman. Any doctor or hospital failing or refusing to file the notice within the time designated with the Clerk of the Court or to send copies thereof within said period to the State Treasurer and the employer of the injured workman shall forfeit any remuneration or award from the Compensation Fund for any ·services, care or attention rendered to such injured workman or any facilities furnished to him. Awards. §4354. Every award within the meaning of this Act is a judicial determination of the rights of the employer, the employee and the Industrial Accident Fund as to all matters involved. No award of compensation or allowance of any expense or claim chargeable against the ac- . count of any employer contributing to the Industrial Accident Fund shall be made without notice to such employer and hearing unless such employer shall consent thereto. Re-opening of Cases. §4355. The State Treasurer shall have the right to cause any case to be reopened in which an order of award has been made, provided he shall cause a petition for the reopening of the case to be filed with the court which granted STATE OF WYOMING 31 th e award, within t hir ty days after the date on which the order of award was received in the State Treasurer's office. Such petit ion must show probable cause that error was made in t he amount of t he award or the character of the award or the grounds on which t he award was made, and may specify as a reason for re-openi"ng t he case existing evidence not given in t he original hearing, showing the general nature and effect of such evidence. On the filing of such a petition and on the court finding that probable c::i. use is shown thereby, t he court shall stay the award, l'J,nd upon r easonable notice to all parties r e-open the case and set the same for hearing de novo. The State Treasurer may take such part in t he new hearing as he may deem advisable and shall have every ri ght and privilege of a party to the cause. He shall have the right of appeal to the Supreme Court from any order in such new hearing, either granting an award or r efu sing to grant an award . . He shall also have a right of appeal from an order refusmg to reopen a case. In addi tion and without the necessity of presenting any petition for t he re-opening of a c'.'l-se to the trial court, t he State Treasurer shall have the nght to appeal to the Supreme Court from any order or judgrt?-ent in any_ d_istrict court of the State awarding compensat10n or declmmg to award compensation although he was not a party t_o the proceedings in such District Court. Upon the perfectmg of any appeal instituted by the State Treasure~· the court allowing the appeal sh~ll issue an order staymg t)'le exec_ution of the order or Judgment appealed from _without requiring any bond. The Attorney General or his deputy or assistant shall act as the attorney ~f the State Treasurer in all cases. All costs of new hearmgs granted upon the petition of the State Treasurer and all cost~ of appeals conducted by the State Treasurer shall be paid by the I:1dt~strial Accident Fund, except such costs as the Court ~n its discretion shall assess against any of the other parties to the cause. Deferred Payment Account. §4356. Whenever an order of award shall specify that the award is to be paid in monthly payment~ the State Treasurer shall charge the am~u~t thereof kag!~n~n1h~h~~l count of the employer of .dthe m~durfe? :1hemGeneral Fu~d transfer the amount of sai awai ~o h 11th . • t Def d Payment Account, which accounts a e1e-m oa erre t f the award Interafter be alone liable for the'jayment Account shali be paid est earned by the Deferred ayllmen amounts repaid or into the General Fund, as we as a11 �32 COMPENSATION LAW returned to said General Fund under the Provisions of this Act or by reason of modification of orders of award. Whenever a modification of an order of award increases the amount of the award the additional amount shall be charged against the employer's account and transferred from the General Fund into the Deferred Payment Account, and whenever a modification of an order of award decreases the amount of the award the amount of such decrease shall be transferred from the Deferred Payment Account to the General Fund and credited to the account of the employer. STATE OF WYOMING CHAPTER 159 - S. L. 1925CO AL i\lI NE CATASTROPHE INSl)' RANCE AN ACT to provide coa l mine catastrophe insul'ance and the insur~nce and the a~cumu lation and use to t hat end of a catastrophe msurance premmm fu nd, and for other purposes. Be it Enacted by the Legislature of the State of W yoming: Existing Contracts and Pending Actions Not Affected. §4357. This Act shall not affect any contract ent ered into and existing before its passage or any action pending or cause of action existing prior to April 1st, 1915. §4358. This Act shall take effect and be in force from and after the 1st day of April, 1915. Bill approved February 27, 1915. Amendments Approved February 19, 1917. Amendments Effective April 1, 1917. Amendments Approved February 25, 1919. Amendments Effective April I, 1919. Amendments to Section 15 (4330 Wyoming Comp Statutes, 1920). Effective February 17 1921 by Ch 65. S. L. 1921. ' ' • ' Amendments Approved February 24, 1923. Amendments Effective April 1st, 1923. §4347 new, by Ch. 68, S. L. 1921. Effective February 17, 1921. Amendments Approved February 25, 1925. Amendments Effective April I, 1925. Sections 4351, 4352, 4353 and 4354 new by Ch 124 S.. L. 1925. Effective April 1, 1925. ' • ' Amendments Approved March 5, 1927. Amendments Effective April 1, 1927. Sections 4355 and 4356 new, by Ch. 111, S. L. 1927. Definition. SECTION 1. The word, catastrophe, as used in this Act means a disaster in a coal mine or mines causing the payment through t he operation of the workman's compensat ion law of this State out of the Industrial Accident Fund of an aggregate more than Twenty-five Thousand Dollars in compensations to workmen killed and injured and their dependents, growi ng out of any one accident or occurrence, or series of accidents or occurrences arising out of one event. . • Payment by· Coal Mining Com1>anies. SECTION 2. For the purpose of giving to the portion of the Industrial Accident Fund paid in by employers operating coal mines support which is d~eme~ necessayy, each employer operating a coal mine or mmes m Wyommg shall pay into the State Treasury monthly a sum equal to onefourth of one per cent. of his Wyoming payroll for the preceding mont h, such payment to be ma:de on or before ~he fifteenth day of the month following the month for which such payments are computed and paid, the_ moneys so received to be placed by the State Treasurer. m a fund to be denominated Catastrophe Insurance Premmm Fund. All moneys received by the State Treasurer under the terms of this Act, shall be paid by him out of t~e Cat3:strophe Insurance Premium· Fund into the Industrial Accident Fund, monthly as received, a1:d such payments shall. continue to be made until the credit balance of the C~tastrnphe Insurance Fund in the Industrial Accident Fund 1s equal to One Hundred Thousand Dollars ($100,000.qO), whereupon such payments shall cease, to be automa;tically r:s~fmtt~ whenever and continue so long as the cred~t ~alanc Indus Catastrophe Insurance Premium Fund withrn th e D trial Accident Fund is below One Hundred Thous:1nd O1Jars ($100,000.00); all such payments shall be credit ed gen- �35 COMPENSATION LAW STATE OF WYOMING erally to the Industrial Accident Fund instead of being credited to any individual employer contributing to either the Catastrophe Insurance Premium Fund or the Industrial Accident Fund. mor e than Five H undred ($500.00) Dollars and in addition to the said fine it shall be the duty of the Attorney General of t his State to immediately bring suit in the name of the State in the District Court for the proper county, for the benefit of the Catastrophe Insurance Premium Fund, against such employer for t he collection of such P!·emium, and if a judgment for t he recovery of such prem~um due be given in favor of t he State fo r the use and benefit of the Catastrophe Insurance Premium Fund said jud_gment sha_ll be for double t he amount of t he pr emium provided by this Act, together with _costs. 34 Losses in Excess of $25,000 to Be Paid from Fund. SECTION 3. In consideration for such payments made or to be made from the Catastrophe Insurance Premium Fund, the Industrial Accident Fund in the hands of the State Treasurer is hereby made a catastrophe insurer as to catastrophes to the extent that such catastrophes cause losses above Twenty-five Thousand Dollars to the Industrial Accident Fund. The first Twenty-five Thousand Dollars of such loss shall in every case be charged against the employer in whose mine or mines the accident may have occurred. The amount over Twenty-five Thousand Dollars shall be paid from the Industrial Accident Fund and not charged against the employer in whose coal mine or mines the catastrophe occurred, but against the balance of the Catas trophe Insurance Premium Fund. Separate Account to be Kept. SECTION 4. The State Treasurer shall keep a separate account between the Industrial Accident Fund and the Catastrophe Insurance Premium Fund, crediting the. Catastrophe Insurance Premium Fund with all moneys by it paid into the Industrial Accident Fund and charging the Catastrophe Insurance Premium Fund with all amounts paid out for cat astrophes as herein provided. Use of Fund Limited. SECTION 5. No money paid into the Catastrophe Insurance Premium Fund as herein provided shall ever be applied in any way other than by payments to the Industrial Accident Fund as herein provided. Penalty for Failure to Pa y Premium. SECTION 6. The inspectors appointed by the Treasurer under Section 4333 of the Wyoming Compiled Statutes of 1920 and acts amendatory thereof and supplemental thereto shall also act as inspectors for the purpose of enforcing the collection of the premiums due the State from employers operating coal mines. And in any case any such employer shall fail or refuse to pay the premium upon his monthly payroll as is required by this Act he shall be guilty of a misdemeanor and shall be punished by a fine of not A uthority t o Contract Wi t h Insura nce Co mpanies. SECTION 7. The State Treasur er, should he deem it advisable, is hereby authorized and empowered to make co_nt racts on behalf of t he State of Wyoming and the Indust~al Accident F und with an insurance comp~ny or _companies, to provide for payment into the Industrial Accident Fund by t he insur ing company or companies ~f a su!ll equal to t he ul timate net loss which t he Industrial Accident Fund has or shall sustain by reason of any catastrophe, ~11 fer t~e ; purpose of aut horizing t he Sta~e Treasurer to remsu:e t : said catastrophe r isk wit h an rnsurance co1:1pany or c~l panies The premium for any contract remsura1'.ce s a_ be paid by t he State Treasu~·er out of the Industrial Acc1: dent Fund and charged agamst_the account of the Catas trophe Insurance Premium Fund. . ,. Every contract of reinsur~nce ~hall specifyi thaa~ tt~el . . ames remsures the n us na msurance company 01 comp of catastrophes during 1 Accident Fund fr~m loss by r~:i~ the limits as to amount the term O! such msur.anr, w1 that the insuring company expressed m the contiac_, an ward for claims growing waives all right to ques[1<:n 1 0 ~row out of a catastrophe, out of a catastr?phe ?r c aime will accept as final the and that the msurmg compact~· the Wyoming Workmen's awards made by the court~ un .e e b · such awards, and will Compensation Law, and 1 ab{jal ~ccident Fund all the promptly repay to !heel ~ us the term of such insurance payments made by it urmg h contract shall also protinder catastr_ophe 1awards. EaJisclaims all right to appear vide that the rnsurrng com~any der the Workmen's Comin or contest any proceedrng un de out of the Industrial pensation Law. ~o p~yment_dmt~ the Industrial Accident Accident Fun~ which is repai shall be charged against Fund by an insurance company Insurance Premium Fund the account of the Catafstf~phe plover in whose mine the or against the account O e em catastrophe occurred. ~tf 11 �.' 36 COMPENSATION LAW STATE OF WYOMING SECTION 8. This Act shall take effect and be in force on and after April 1, 1925. der the provisions of t his act shall be computed according to t he compensation schedule of the Wyoming Workmen's Compen ation Law in effect at the time such injuries were received, and t he pr ocedure and forms under this Act shall be a near as may be the procedure and forms provided by the Workmen's Compensation Law, it being intended that the Wyoming Peace Officers' Indemnity Fund shall be administered by the State Treasurer as near as may be in the ame manner as t he Wyoming Workmen's Compensation Law is administered, and that orders of award and all other court procedure shall be entered and conducted as near as may be in accordance with the procedure provided by the Workmen's Compensation Law, and that any of the ab~ve peace officer s injured in ·the line of his duties shal.l receive t he same compensation which he would have received had he received t he same injury while working for an employer contiibuting to the Indushial Accident Fund! and shall receive the indemnity in the same manner. Approved February 28, 1925. CHAPTER 97 -S. L. 1923INDEMNITY FOR PEACE OFFICERS AN ACT to provide indemnity for peace officers killed or injured in the discharge of their duties; the accumulation of a fund ther efor, making an appropriation of $25,000.00, and for other purposes. Be it Enacted by the Legislature of the State of Wyoming: 37 Wyoming Peace Officers' Indemnity Fund. SECTION 1. The fund accumulated under this Act shall be known as the Wyoming Peace Officers' Indemnity Fund. Officers Included. SECTION 2. Such Peace Officers' Indemnity Fund shall be accumulated and maintained as herein provided for the purpose of providing indemnity to all penitentiary wardens, deputy penitentiar)' wardens, penitentiary guards, guards of the Vi!yoming Industrial Institute, including the Superintendent and his deputies, agents of the State Department of Law Ehforcement and the Commissioner of such Department and his deputies; State Game and Fish Commissioner and his assistants and deputies, and State Game Wardens; and all sala1·ied sheriffs, under sheriffs, deputv sheriffs and constables employed by any county of th'e State of Wyoming or paid by the Board of County Commissioners of any county, who shall be injured in the performance of their duties, the purpose of this Act being to provide for indemnity to such peace officers injured in the performance of their duties, which duties are hereby recognized as involving risks to life a.nd limb. This Act shall not apply in any case where the injury oc·curred before the date on which this act is to take effect. Limit uf lndemnity Paid. SECTION 3. The indemnity which any such peace officer or his dependent family shall be entitled to receive un- Payments to Fund by Counties. SECTION 4. Every county of the State of Wyoming is hereby required to pay into thE: Sta!e Treasll!Y for the benefit of the Wyoming Peace Officers Indemruty Fund a sum of money equal to one and one-hal~ per ceI?,t (1½ %) of th.e . moneys earned by each of its salaried she~·iffs, deputy she1: iffs under sheriffs and constables dunng each calendal mo~th in which they shall be employed. · Such paymen shall be so made on or before the fifteenth day of the mont~ following the month for which such payments are comtpute d •d The State Treasurer shall keep a separa e ac:~unifo~ each county so contributing to said fund,. and shall charge against t~e account offtc~ ~of;J:r:!\;;a~:;J~ paid from the Wyommg Peace 0 1ce1 s (a) As awards for injmies to the above named peace officers of such county; (b) In paY_ment of medical o~· hospital attendance of such peace officers of such county, . . . (c) In pa;yment !o! tph!ymin;~iti;;t!~~:sf~~Wo~~e~ni~ such peace officers 01 m . . . ere received· the manner in which such mJunes w ' . ·t f es in cases wherem an (d) In pay~ent oft Wld tne~~ch peace officer of such order of award 1s gran e 0 county. • t ake said monthly conEach county shall c~ntldnue 1 ~ts account after maktributions as above provide un ess ° �COMPENSATION LAW STATE OF WYOMING ing the above deductions therefrom shall be overdrawn, in which event said county shall be required to pay monthly a sum of money (including the said one and one-half per cent) equal to three per cent (3 %) of the moneys earned by each of its peace officers during each calendar month of such employment until such overdraft shall be paid. forwarded to the State Auditor and State Treasurer respectively of Wyoming, and shall be by each of said officers entered upon a r ecord to be known as the Iridemnity Docket, and shall be t he authority and direction of the State Auditor to issue warrants of indemnity awards against the Wyoming P eace Officers' Indemnity Fund, and for the State Treas urer to pay such indemnity awards from such fund. 38 Payments to Fund by State. SECTION 5. The State of Wyoming hereby- pledges itself to contribute by biennial appropriations a sum of money equal to one and one-half per cent (l½ %) of the moneys earned by each of such peace officers in its employ, and agrees that its account shall be kept as near as may be in the manner in which the accounts of the counties are required to be kept under the provisions of this act, and that similar charges for amounts paid out on account of or on behalf of injuries to its peace officers shall be charged against its account. The State of Wyoming further pledges itself that in the event its account is overdrawn that it shall contribute a sum of money (including the said one and onehalf per cent) equal to three per cent (3 %) of the moneys earned by each of its peace officers. Appropriation. SECTION 6. There is hereby appropriated out of any funds in the State Treasury not otherwise appropriated the sum of Twenty-five Thousand Dollars ($25,000.00) to be paid to said Wyoming Peace Officers' Indemnity Fund as the first contribution of the State to said fund. Report of Accident. . SECTIO_N 7. Reports ?f accidents covering injuries to its peace officers shall be filed by the counties in the same manner and at the same time as such reports are required to be filed by employers contributing to the Industrial Accident Fund, and each State officer shall make similar reports to the courts of all injuries to peace officers employed in his department. Order of Court. SECTION 8. Every order given and made by the District Cou~ or fudge a":arding payment from the Wyoming Peac~ Officers Indem!lity Fund to an injured peace officer or his dependent family shall_ be entered of record by the Clerk of. the C_ourt where given and true copies thereof shall be 1mmed1ately made and certified by said clerk and 39 Power of State Treasurer. SECTION 9. The State Treasurer shall have the power by appropriate action to require each county of the State to contribute to said fund as required by this act. Appeal by State Treasurer. SECTION 10. The State Treasurer shall have the right to appeal to the Supreme Court from any final ord_er o~ judgment in any District Court of the State awardmg mdemnity or de~lining to award ~ndemnitf, although he was not a party to such procedure m the District Court. The A~torney General shall act as the attorney for the Stat~ m every such appeal, and each appeal shall be_ con1ucted wi~hout expense to the Wyoming Peace Officers Indemmty Fund. SECTION 11. This Act shall t~ke effect and be in force from and after the first day of April, A. D. 1923. �INDEX BRIBERY IN CONNECTION WITH WORKME N'S COMPENSATION ACT- 3 W ORKMEN'S COMPE NSATION ACT Section ACCIDE NT REPORTS_ Employe1· Shall Fil e --- -- ________ --- ---- -- ---------- 4326 Employee Shall File ---------------- -------------- - - 4326 ACCO UNTS INACTIVE THREE YEARSAccounts Shnll be Closed ---------- ------ - -------- - -- 43 47 AGRIC ULTU RAL LABOR1:~xe.eptcd ------ ------ -- -- -------- ---- ---- -- ---- ------ 4319 A LIEN DEPENDENTSAmoun t Allowed - --- ---- - --------------------- - - -- -- 4321 (k l N on.Resident Pn rent Ol' P nrent:; ---------- ------- - - - 433 ,1 (5 1 Not I ncluded in Defin itio n of " Child" or " Children" E:<cept ---- ------ -- ---------- __ - - - - - - -- --------- - - 4321 (k \ APPEAL T O SUPREME COURTHow Taken ------------------------------- - ------ 4328 Stnte Treas urer Shall Hnve Right ____ _____ _____ ___ 4350 ATTOR NEYSFees for Services Lim ited _-- - ------------------------ 4340 ATTOR NEY GENE RALP owers of -------------- -------------- ---- - ---- ----- 4383 AW ARDSChn rged to Account of ------ ----- - - --------- - ----- 4381 Cour t Sha ll Stay P ay men t P ending AppenL ___ __ __ 4828 Exempt ion from Attnchment ____ _____ __________ ____ 4336 B'LANK FORMSFu rnished by S tate Treasurer ______ _________ _____ __ 4325 BURIALF ees Shall Not E xc<?<?d ___________ __ ________ 433 •1 (d1 CASUAL LABORExcepted - ---------- --- - -------------------- -------- 4321 (i / CHILD OR CHILDREN!\.liens - --- ------ -------- - - -------- -- -- - - - - - -- 4321 (k 1 Children of Decenscd Parent Shall Receive __________ 4334 (1 1 Definition - -- ---------- - - ----- ---- - ----- ------ ------ 4321 (kl No Limitation of Time Shall Run Until Guardian is 1m (b, lcJ sh!fiP~:ci:t. i~--p;~;;;-.;-~;~t-T~t;;ri:i;;;biiity-C-;.~;;==== Shull Receive in Temporary Total Disability Cases ____ 4334 CLERK OF COURTEmployee's Report of Accident -- ---- - - -------------- 4326 Employer's Repor t of Accident ________________ 4326 Procedure When Death or Accident is Reported _____ 4327 Shall Record Court Orders - - - - -- --- ------------- - 4329 COMPENSATION SCHEDULE. Each Employee Who Shall be Injured Shall Receive __ 4834 CONSTABLE OR DEPUTY CONSTABLE4319 Excepted -- - - - ---------------- --- ---------------COSTSNo Costs Shall be Taxed Except ____________ 4327 CONTRACTORS AND SUB-CONTRACTORS-In Private Work Contractor Respo!'sible - - - - - - Payroll of Contractor Shall be Basis ----------State nnd Municipal Employees Not Entitled to Benefits if Other Provisions Are Mnde --------- - - 4338 -m: COUNTY AND PROSECUTING ATTORNEY" Shall Act on Behnlf of Inju1·ed Workm!'n----------- 482 • Shall Give nil Necessary nnd Legal Adv,ce to Work- ,1340 man ----------------------- ----------------------COURT ORDERS RECORDED4329 Copies to Auditor nnd State Treasurer -------------COURT PROCEDURE4327 Procedure in Disputed Cases _______ _________ ____ COURT REPORTER..,_ _____ 4327 ShnJl Attend Hearings -------------------------- Pnge 10 10 28 s 24 13 29 2r, �INDEX-Continued INDEX-Continued Section DAMAGESSections Repea led -------------------------- 4316 DEATH OF EMPLOYEE-Where Workmnn Dies Reference Thereto Shnll Include Dependents ___________________ -------------------- 4321 ( i) Deferred Pnyment Account ------------------------ 4356 DEFINITIONSBuilding Work ------------------------------- 4320 (f) Child or Children ------------------------- - -- 4321 (k) Dependents ----------------------------------------- 4321 (j ) Employer --------------------------------- 4320 (h) Engineering Work ---------------------------------- 4320 (g) Factories ------------------------------------------ 4320 (a ) Injury and Personal Injury -------------------------- 4321 (m) Injury Sustained in Extra-Hazardous Employment_ ___ 4321 (I) Invalid -----------------·---------------- - --- 4321 (n) Mills _ _ _ _ ·----------------------------- 4320 (c) Mine _ _ _ _ _ ---------------------- ---- -------- 4320 (d) Quarries _ _ _ _ · - - - - - - - - - - - - 4320 (e) Workmen -------- ---------------------------- 4321 (i ) Workshop ----------------------------------- 4320 (b) DEPENDENTS AND DEPENDENCYChild or Children ---------------------------------- 4321 (k ) Definition of ---------------------------------- ------ 4321 (j ) Definition Shnll Not Include Aliens Except_ _______ 4321 ( k ) Dependency to be Determined in Whole or in Part in Accordance With Fnct ------------------------ - - - - 4321 ( k l Dependent Parent or Parents ______________________ 4334 ( 3) Spouse Not Dependent if Wilful Desertion, be Shown __ ~321 ( j ) Shall be Referred to Where Death Occurs to Workman 4321 (i) Widow Shall Receh·e ------------ ------------------ 4334 IIJ DISPUTED CASESProcedure in -------- - ---- - -------------------------- •1327 DOMESTIC SERVICE-Excepted -------------- ------ _________ _____________ _ -1319 EMPLOYERAccident Reports ---------------------------------- 4326 Aw'!r~~ Charged to Account of Individual Employer__ 4331 { a. b. c. di ~::;~~~~~~. -A;;;;.-;,~;-t--::::::::::::::::::::::::::::: m~ n,, Exempti~n from Payment of Premium ____ ______ ____ 4331 Not Relieved of Linbility __________________________ 4324 Penalty for Not Reporting Accidents ________________ 4326 Shall Furnish Copy of Payroll _ 433? Shall Report RecoYeri• of Workmen ________________ 4345 EMPLOYMENT-Excluded Classes ------------------------------------ 4319 See Occupations Co,·ered by Act. EVIDENCE-Taking of Shnll be Summary ______________________ 4327 EXCEPTIONSAct Not to be Construed to Apply __________________ 4319 When Employment is Purely Casual ________________ 43?1 (i) EXEMPTION FROM PAYMENT OF PREMIUMEmployer Shall Continue to Make Contributions Unless ---- --- ----- ··--- - ----------- ------ ---------- -- 43a 1 FARM EMPLOYEES-Excepted ______ ____ ____ ________ ______ __ __ ______ ______ 4319 FEES-Collection of Fees Limited __________________________ 4340 GUARDIANGeneral Provisions ____ ________________ _____ 4322 Wh ere Workman is Minor Reference Shall be-M;d;-~ 4321 (i) HEARINGS-How Governed ---------- - --------------------------- 4327 No _4wa:d or Allowance Shall be Made Without No- ~h:{i~:~,(~o~~~~~~--~~~:--;~:~::::-----------------11i1. HORTICULTURAL LABORExcepted __ ______ --- - ------------------------------- 43ig P a ge 4 7 31 s 8 7 7 6 s 8 g 6 G 7 7 6 8 8 s 18 7 22 Section HOSPITALSBills to be I temized -------- - ----- --- --------------- 4852 Fees for Services - - ---- - --- - - - - - - - - -- - ------- ------ 4884 (d) N otifica tio n by H ospita l - --------------------------- 4853 P r ior Clnims. Date of F iling - ----- - - -------- - ----- 4351 Reports Wher e F il ed ---- - ------------- -- -- - --------- 4384 (d) INDUSTRIAL ACCIDE NT FUNDApprop r intion __ ---- - --- - - ---- - - ---- ---- - ---------- 4330 INJURIES SUSTAINED IN EXTRA-HAZARDOUS EMPLOYMENTShnll Include - - - --- -- --- -- ----- - ----- - - - ----- - ---- 4321 (I) INJURY ANU PERSON AL INJURY_ Defini tion ------- - - ---- - ---- - -- - - ------------------ 4321 (]) Defini t ion Shall Not Include ------ --------- -------- 4321 (I) Wilfu l Act of Third P erson - -- --------- - ----- - ------INSPECT ORSTreas urer is Aut horized to Appoint - - ---- ---------- 4333 INTERSTATE COMMERCE-Those E ngaged In ______ __ __ ____________ ________ _____ 4319 INVt.!rFnition _______ __ ___ ____ ___ ___ __ _________ ______ : __ 4321 INVESTIGAT IONSJudge Sha ll Inn s tignte Nature of Injury nnd Claim __ 4327 15 7 15 15 9 JO 17 27 5 11 0 5 25 g 7 11 30 11 21 14 8 8 17 7 0 m~ 24 MIS~~~-:;,~·:-by Injured Employee -- - --- - - ---- - --------- 4335 24 0 OCCE/l~ ~~!':~- :~~ ~~~~ -~::- ~-~==------------ 4318 PARENT OR PARENTS-When Dependent Shall Receive - - -- - ----------------- 4334 PAYROLLSEmployer Shall Forward Same to State Treasurer---- 4382 PER:J~~sE71.!st (3) 17 !f~~_I:-~I-~~~~~~:.:=-------- , _______ 4334 (a) PERMANENT TOTAL DISABILITY334 (b) 4 Means Loss of --------------------------------PHYS_ICIAN. 4352 B'1lls to be Itemized -----------~-----7-----E--I---- 4345 Employer's P~ysician May Examine InJured mp_~:~ (d) 4834 Fees for Services ----------------7--·----4827 Imp.~tia~ Physician May be Appointed -------------3 436 Notif1cat1on by Doctor ---------------- ----------- •-- 4851 Prior Claims, Date of Filing ----------------------- 4334 (d) ::~~f~d st:ai.!'ur;i~~~-========================= 4341 15 20 10 i: ~;:.i:: t~s G~~~:r~n°~rI~~';;f'k1:~~e~~~\'l~;~_ 4321 (i) ~:Y~o:ari~:~ e~y s~lmJ~\~ ~ -=================::::::::: 10 30 21 30 11 LIA~~~ ; ;,:- Not Relieved - - - - ---- ---- - --------------- ,132 4 LIMITATION OF TIME TO MAKE CLAIMInjured E mployee Must File ------ -- ---- - -- - -------- 4326 MIN ORS AND INCOMPETENTSW~h~ll 11 Page 18 19 30 27 21 11 30 2~ 21 26 PREMIUM• 4331 Employer Shall be Required to Pay Premmm-----Service and Policing Charge -------------------- 4331 15 15 PUB~!~t 'in~~!Si;; State Fund ------------------------ 4338 25 RANCH EMPLOYEES_____________________ 4319 Excepted ---------------------RIGHTS AND REMEDIES. 4349 N?thing in Law Shall Limit Jl.igh~ of Action -------- 43 1i; r:,!tt ~~.i;~o.:;:: t~--~~~~~~~~~~o_n__ ::=========::::: 431_1 20 ,1 ,I b! SCHEDULE, MEDICAL AND HOSPITAL--4334 Shall be Fixed by State Treasurer ---- - ------------- 11 SHE:J~~te~R-~~!'._~~=--~1!~~!:_F:-:=-____________ Shall Serve N'otice of H euring ---------------------- m~ (d) 21 5 11 �INDEX-Continued Section STATE TREASURERMay Exnmine Books of Employers - - - - - - - - - - - 4344 Power of ---------------------------------- 4383 Shall Haye Right to Appeal ------------------ 4350 STOCK RAISINOExcepted ------------------------------------- 4319 SUBROGATIONEmployee Not Entitled to Compensation Where Legal Liability is Created in Some Other Person ________ 4323 TEMPORARY TOTAL DISABILITYIf Workman Die During Period of ----------- 4334 (2) Means an Injury ---------- - - - - - - - - - - - - - - - - 4334 (c) TESTIMONYPhysician Required to Testify _______________ 4341 TRANSFER AND ASSIGNMENT OF ACCOUNTSPayments Not to be Refunded _____________ 4348 Pag , 5 9 ~o 20 26 WIDOW- Alien ----------------------------------------------- 4121 Having Deserted Husband not Entitled to Compensation ---------------------------- - --- 4321 Must be Married at Time of Death ________ : _______ 4?.21 WORKMENAccident Report ---------------------------------·-- 4326 Definition ---------------------------------- 4321 Forfeiture by Injured Employee ------------------ ··- ··- 4335 If Workman Refuse to Submit to Examination ______ 4245 Payments Withheld ------------------------- 4835 Statement of Dependent Persons _ _ _ _ _______ 4346 COAL MINE CATASTROPHE INSURANCE ACT____ _ WYOMING PEACE OFFICER INDEMNITY FUND ___ ___ _ (k) (j) (j) 26 (i) 7 24 27 24 28 33 SG � 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 Workmen's Compensation Act of the State of Wyoming Chapter 258 Wyoming Compiled Statutes 1920 and Acts Relating Thereto Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1920 Subject The topic of the resource The 258 chapter of the Workmen's Compensation Act in Wyoming, 1920 Description An account of the resource A 9" x 6" booklet with black text and handwriting at the top of the page. A compilation of statutes and acts for the 258 chapter of the Workmen's Compensation Act in Wyoming. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource W. H. Edelman Identifier An unambiguous reference to the resource within a given context 1-0172 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/2045e26a4ba9e06a738dcc9faa1b05ec.pdf cea0d621c1c65e70a25507a510125cc4 PDF Text Text /. ~ (/, . . ; r :--... •·-: ' STATE OF WYOMING 9 W orkmen s Compensation Laws �1997 \tVEIGHTS A ND MEASURES jail for not more than one year, or by both such fin e and imprisonment. [L. '21, c. 73, § 14. 123-115. Definitions of terms. The word '·person" as used in this chapter, shall be construed to import both the singular and plural, as the case demands, and shall include corporati ons, companies, societies and associations. The words " weights, measures or I and weighing or I and measuring devices" as used 123-115 in thi s chapter shall be co nstru ed to include all we ig hts, scales, beams, meas ures of every kind, instru ments and mech ani ca l devices fo r w eighin g or meas uring, and any appliances and accessories connect ed with any or all such instruments. Th e " ·orcl "sell" or "sale" · as used in this chapter shall be constru ed t o inclu de bar ter and exchange. [L. '21 , c. 73, § 15. �1999 CHAPTER 124. Workmen's Compensation. Section. 124-137. Re-opening of cases. 124-101. Name of law. 124-138. Bills to be it~miz 1ed-Time of filin g. 124-102. 124-139. Notification by doctor. 124-103. Provisions exclusive, compulsory and oblii,;atory. 124-140. Awards. 124-141. Deferred payment account. 124-104. Extra-hazardous occupations defined. 124-142. Bribery. 124-105. Exceptions. General provisions. 124-106-7. Definitions. 124-108. Guardian may act for persons under dh ability. 124-109. If other than employer is liable. 124-110. This chapter governs as to liability of employer. 124-111. Blank forms supplied by state treasurer. 124-112. Reports of accident. 124-113. Investigation by the district judge-Procedure in disputed cases. 124-114. Appeal to supreme court. 124-115. Court order recorded-Copies to auditor and treasurer. 124-1115. Industrial accident fund-Appropriation. 124-117. Employers' assessments. 124-118. Filing of payrolls with state treasurer. 124-119. Inspectors-Failure Penalty. to pay 124-120. Compensation schedule. assessment- 124-12]. Additional compensation for disfigurement. 124-122. Compensation for hernia. 124-123. 124-124. Forfeiture by injured employc-Pan11cnts withheld. • Exemption from execution or attachment. 124-125. Minor workman. 124-126. Extra-hazardous work. Safety devices. 124-127. public ·work - Contract 124-128. Unlawful to receive more than 5 per cent of compensation for services rendered. • 124-129. Physicians required to testify. 124-130. False statement by employee. 124-131. Annual report by state treasurer. 124-132. Examination by state treasurer. 124-133. 124-134. Disable_d. workman examined by employer's phys1c1an-Rccovery reported to court Employes' statements of dependent pers~ns. 124-135. Assignment of rights and benefits. 124-136. Actions against employer independent of chapter. 124-101. Name of law. This cha pter shall be known as the " workmen's com pensa tio n law." [L. '15, c. 124, § 1; C. S. '20, § 4315. \1/orkman's compensation act woul d be valid as to the remainder even if the provision fo r non-payment for the first ten days was invalid, being severable. Zancan elli Y. Central Coal & Coke Co., 25 Wyo. 511, 173 P. 981. Vlorkmen's compensation act is valid , and not co ntrary to any provision of the s tate or federal constitutions. Id. \;<,Torkmen's compensation act does no t Yiolate amendment to const. art. 10, § 4, providin g compe nsation "to each person injured," in that no com pensation is allowed for first 10 days of disability. Id. \.Vorkmen's compensation act, § 124-113, does not deny the right of an employe to be repr esent ed by counsel, in view of § 124-128, relating to fe es of attorneys. Id. \;<,Torkmen's compensation act is not unconstitutional in that the provision that children over the age of 16 shall not be considered dependents unless incapacitated. Id. \Vorkmen's compensation act is not unconstitutional in that nonresident alien family of deceased employe shall receive only 33 per cent. of amount allowed to residents of state. Id. This chapter held, not based on unreasonable classification, citing const. art. 1, § 34. Ideal Bakery v. Schryver, 43 W yo. -, 299, P. 284. Under_§ 124-124, providing that no money payable 1:nder this chapter, shall, prior to issuance and cleltvery of ~varrant therefor, "pass to any other person by operat10n of law," the rights of an injured employe to comper)sation provided for in §§ 124-102, 124-103, 124-ll3, did not pas to his administrator as an asset of his estate on his death after award had been made, but )Jefore the issuance or delivery of the warrant provided for in § 124-115, since in its ordinary and usual sense within § 112-101, the phrase "by operation 0 .f law," when used to describe a method by which !1tle to property is transferred, includes a transfer by mtestacy. La Chappelle v. Union Pacific Coal Co., 29 Wyo. 449, 214 P. 587. This chapter cited in State v. Carter 30 Wyo. 22, 43, 215 P. 477 1 484. ' l•~indings 0 n evidence in compensation contest concWlusivc. Standard Oil Co. of Indiana v. Sullivan, 33 yo. 223, 237 P. 253. . ~ward not conjectural, though different finding Justtficcl. Id. Under this chapter there is a prima facie right to ~o.nrpensation when disability or death is result of an ~;;ur:i_r sustained in extra-hazardous employment a!1d . e rtght thereto should not be denied unless the mJuft wa_s _due solely to the negligence of the workman t ose tnJury or death is the basis of the claim,. a 11d he burden of proving such affirmative defense rs on WORJ<MEN'S ' COMPENSATION· 124-104 th e employe r, iu view of § 124-11 2. Hotelling v. Fargo• 124-1.?3. P~ovisions_ exclusive, compulsory Western O il Co., 33 W yo. 24 0, 238 P. 542. and obligatory. The rights· and -remedies proTotal disability should not be · declared pe;·manent. v ided in.this .c;hapter J~r an.erp.ploye m1 account unl ess certa in. Cart er Oil Co. v. Gibson 34 Wyo. ·53 241 P. 219. • • ' . ' of an injJ,1ry, shall . be excltisive of all other Evidence held, to justify findi ng that total disability rig hts and remyclies of-such' employe, his perwas pe rma nen t. , Id, , . son.~l _. .or ' lega_l. repre?~htatives or dependent Legislature may lmeose duty on court repo'rter of fa mily at common law ·or otherwise on account making transcri pts of compe nsation cases free of cost.' of such injury; and the terms, co~ditions and In re \\Tin borne, 34 \Vyo, 349, 244 P. 135. This chap.te r cited in constru in g §§ 124-104 arfd ,124- , prov isions of this chapter for the payment of 107. In re Kar os, 34 :W yo. 357, 243 I?. 593. . , comp ensation and ·the amount 'thereof for inRule that in case of . cq,1 flte ti1,1g ev iden ce appellat~· juri es sustained or death resulting from s·uch co urt will not reYersc judgmen t supp orted by sub- ' stantia l evidence, held, applicable to cases ' i.mder this injuries · -shall be exclusive; compulsory· and chapter. 1vfdvfahon v. Midwest Rd inj ng Co., 36 vVyo. ob_ligatory upon both employers and employes 90, 252 P. 1027. • . . . .. . . coming within theq'>rrovisoions hereof. [L. '15, Th is cha pter cited ' in const ru ing cer'tain se ctions '. c. 124,· § 3-; C. ·S: '20; § 4317. hereo f. I n re H ibler, 37 Wyo. 332, 261 P . 648. Quoted in ·zanc'anelli v. •Central Coal · & Coke Co., T his chapter ·cited in Rcin tsma v. Standard ·O il Co., 25. W yo. 511, 173 P . 981. . 37 Vlyo. 471 , 263 P . 619, annota ted under § 124- 11 4. . Cited in !-,a Chappelle ,v. Unio11 Pacifjc -Coal Co., 29 Cited in con strn ing § 124-112. In re Martini, 38 W yo. 449, 214 P. 587, _am1-9tated under § 124-101. . W y o. 172, 265 P . 707. ) .24-104. Extra-hazardous occupations de124-102. General provi~ions. Com pen sation her~in provided fo r .shall be payab le to' per.~oils fined. TJ'ie extra-hazardous occupations to injured in · ex tra-hazardous empl oyments, ·as ; which this chapter is applic2;ble are as follo,vs: herein defin ed, or ·th e dependerit families·' of · Factories, garages, mills, printing plants and such, as die, as the r esult of such injuri'es, ex- workshops where , ip.achin1:ry is used; foundcept in case of inj ur ies due solely to the culpa- ries, blast furnaces, .mines, oil. wells, oil refinble_ neg ligence qf the injured empl oyes. S_aicl eries, gasoline filling stations · and bttlk oil stacompen sation shall be payabl e from furids ' i'n ' tio.ns, gas works, _n atural gas plants, water the state treasury to be accumulated and main~ work~, reduction .wor)cs, brew~ries, elevators,taine in th e manner ·herein provided. The right dredges, ~cavations, transfer companies, genof each employ e to compen sation from such eral teaming, general trucking, ditch rider of funds shall be in lieu of and shall take the place irrigation districts, ·smelters; ppwder works, of any and all rights of action against any-em- laundries operated by power, restaurant and · ployer contributing, as reqi1irecl ·b y law, to such bakery kitchens , where power machinery. is fund in favor of any Stich person or persoris oy used, quarries, engineering works, logging, reason of any such injury or death. Sections lumber yards, lumberin·g . and saw mill opera23-129, 89-403 and 89-404, and all laws or ·p arts tions, elude ranching, street . and interurban railroads not engaged in intyrs_tate commerce, of laws relating to damages for injuries or buildings being constructed, _repaired, moved death from injuries or in anywise in conflict . or demolished, painting operations, telephone, wi~h this chapter ·are hereby repealed, as to. t1'e telegr~ph, electric light or ,power plants or; employments, employers and employes com~ lines, steam heating or power plants, railroads ing_ within Hie-terms of this chapter. [L. '15, c. not engaged in interstate commerce, bridge 124, § 2; C. S. '20, § 4316. • building, the. occupations of city or to,vn -fireQuoted in Zanranelli v. Central Coal & Coke Co., men and city or: town policemen, and all em25 Wyo. 511, 173 P. 981; and in Ideal Bakery ·v. ployments wherein a process requiring the use Schryver, etc., 43 Wyo. -, 299 P. 284. . of any dangerous explosives or inflammable Cited in La Chappelle v. Union Pacific Coal Co., 29 materials is carried on, which is conducted for Wyo: 449, 214 P . 587, annotated under § 124-101. • The word "solely," as used in Const. art. 10, § 4, the purpose of business trade or gain, each of and this section, enactecl pursuant to authority there which employment is hereby determined to be given, is a word of exclusion, and may be used to extra-hazardous and in which, from the nature, mean "only" or "exclusively," and as used must be conditions or means of prosecuti_on of the work given a reasonable ·meaning, in view of the kno,vn therein requi.red risks to the life and limb . of policy of this chapter. Hotelling v. Fargo-\;,,'es tern the workme1, engaged therein are inherent, Oil Co., 33 Wyo, 240, 238 P .. 542. . . Proof held, insufficient to · sustain affirmative. de- 11ecessary or substantiallx unavoidable. This fense that workman's death was due solely to his own chapter sh.all not apply in any case where the negligence; fellow workman's negligence immaterial. injury occurred before this chapter takes effect, Id. City employe, injured while impounding animals, and to all rights which have accrued by reason which occupation was not within ·compensation law, of any such injury, pri01:. to the taking effect could not recover compensation, · though also emof this chapter, shall be saved the remedies now ployed as truck clriver, which was within· law. Leslie existing ther~for. · [I:,, '3!., c. 94, § 1, amending v. City of Casp,~r, 42 Wyo. 44, 288 P. •_15, �124--105 \i\TORKl\iE N'S CO MPENSATION L. '29, C. 46, § 1; L. '23·, c. 60, § 1 ; L. '21 , § 138, § 1 ; C. s. '20, § 4318. Questions of negligence for- injury re_ceived in extra-hazardous occupations stated. Hotelling v. FargoWestern Oil Co., 33 \Vyo. 240, 238 P. 542. . . Plasterer, contracting to move hous_e and . h!nng helper, held, employer engaged in movmg bmldmgs. In re Karas, 34 ViTyo. 357, 243 P . 593. Cited in Leslie v. City of Casper, 42 V•tyo. 44, 288 P. 15, annotated under § 124-102. r Quoted in Ideal Bakery v. Schryver, etc., 43 \l\ yo. - , 299 P . 284. 124-105. Exceptions. This chapter shall not be construed to apply to business or employments, which, according to law are so e1;gaged in interstate commerce as to be not subJect to the legislative power of the state nor to persons injured while they are so engaged, nor to any employe engaged ,in domestic service, ranch, farm , agricultural, or horticultural labor,. or stock raising, or any person holding an appomtment as sheriff, or deputy sheriff, or constable or deputy constable. [L. '23, c. 60, § 2, amending C. S. '20, § 4319. 124-106-7. Definitions. In this chapter unless the context otherwise requires: . (a) "Factories" mean any premises wherein power is used in manufacturing, making, altering, adapting, ornamenting, finishing, repairing or renovating, any article for the purpose of trade or gain, or the business carried on therein, including expressly any brick yard, meat packing house, foundry, smelter, ore reduction works, lime-burning plant, stucco plant, steam heating plant, electric lighting or power plant, including all works in or directly connected with the construction, installation, operation, alteration, removal or repair of wires, cables, switchboards or apparatus used for the transmission of electric current, and water power plant, including tower and standpipes, power plant, blast furnaces, paper mill, printing plant, flour mill, glass factory, cement plant, artificial gas plant, machine or repair shop, oil plant oil refinery plant and chemical manufacturing plant; (b)_ "Work shop" means any yard, plant, premises, room or place where power driven machinery is employed and manual labor is exercised by way of trade or gain, or otherwise incidental to the process of making, altering, repairing, printing or ornamenting, finishing or adapting for sale or otherwise any article or part of article, over which premises, room or place the employer of the person working therein has the right of access or control· (c) "Mill" means any plant, premises: room or place _where mach~nery is used, any process of mac~mery, changm~, altering or repairing any article. or commodity for 5ale or otherwise together with the yards and premises whlch are 2000 a part of the plant including elevators, warehouses and bunkers, saw mill, sash factory or other work in the lumber industry ; (d) "Min e" m eans any openin g in t he ear th fo r the purpose of extracting iron, oil , coal , or other mineral s and all undergrou nd workings, slopes, drifts, shafts, galleries, vvells and tunnels, and other ways, cuts and op enings connected therewith, including those in the cou rse of being opened, sunk or driven , and includes all the appurtenant structures or machinery at or about the openings of the m ine, and a ny adjoining adjacent work place wh ere t he material from a min e is prepared fo r use or shipment; (e) "Quarry" means any place, not a mi ne, where stone, slate, clay, sand, g ravel or ot her solid material is dug or oth er wise removed from the earth for the purpose of trad e or bargain or of the employer's trade or bus iness ; (f) "Building work" mean s any work in the erection, construction, exten s ion, decoration, alteration, repair or demolition of any bu ilding or structural appurtenances ; (g) " Engineering w ork" m eans any \York in the construction, alteration, extension, repai r or demolition of a railway (as herein befo re de- _ fined) bridge, jetty, dike, dam , r eser voir, un derground conduit, sewer, oil or g as w ell, oil tank, gas tank, water tank or tower, or any caisson work in artificially compressed air, any work in dredging, work on log or lumb er rafts or booms ; pile driving, moving buildings, moving safes, or in laying, repairing or removing underground pipes and connections; the erection, installing, repairing, or removing of boilers, furnaces, engines and power machinery (including belting and . other connections); and any work in grading or excavating where shoring is necessary or power machinery or blasting powder, dynamite or other high expl?sive is in use ( excluding mining and quarrymg) ; • (g-1) "Dude ranching," for the purpose of this chapter is defined and means a ranch conducted primarily for the accommodation and ente_rtainment of guests for monetary consideration; (h) "Employer" includes any inuncipality, co~nty, person, or body of persons, corporate or incorporate, and the. legal representatives of a deceased employer or the :r-eceiver or a trustee of a person, corporation, association or partnership. [L. '31, c. 94, § 2, amending L. '23, c. 60, § 4; C. '20, § 4320. (i) "Workman" means any person who has entered into the employment of or works under contract of service or apprenticeship with an ~mployer, except a person whose employment is purely casual and not for the purpose of the s. 2001 •\!\TORK.MEN'S I COMPENSATI ON '124--110 •em ployer's trade oi: bus in ess,. or tlmse engaged . the: di1t'ie_s o.f h is emp'.loymerit or after leaving in clerica l work, an t! not subject to the hazard s . such duti es,, ,the_proxnnate cause of which inof the bus in ess, 0 1- on e holding an ·official ·pos i- jury is IJ.Ot the employer's negligence; ti on. T he terrn "workm an" shall in clud e "em(m) Th e word s "injury and personal inploye" and the ·t er m "emp loye" shall inclu de 'jury" shall i10t include injury caused by the " workman" and each shall includ e t he sing ul ar w ilful act of a •third person directed aaainst and plural of both sexes. Any r eference to a . a'n em ploy~. for reas·ons personal tq •such emworkman w ho has been injured shall wh ere th e ploy'e! or . because· of his employment; nor a workm an is .dead, include a · refe ren ce to hi s disease, except, as it shall directly result from "dependent fa mi ly" as herei nafter defi ned, or . ai1· injury incurr_ed in the employment; to hi s legal representative, or where t he work(11) " Inval id" mf!ans one w ho is physically man is a m inor or in compete nt, to h is g uard ian or mentally incapacitated from earning wag es. or next fri e·n d. [L. '15, ·c. 124, § 6 ; L. ' 19, c. [L. ' 15, c. 124; § 6.; C. S. '20,§ 4321 , as amended. 117, § 2 ; .WJ1ether eo; ploye's. work is casual or for purpose • (j ) • "Dependent families" as used in t h is of em p loyer's trade or business, within' this section, chapter mean s··such members of t he workman's defi ning workri1an, depends on· facts of individual case. fa mil y as were _w h_oll )r or in p··art · actually- de- • In re Karas, 34 Wyo. 357, 243 P . 593. Ho use mover's employe, ·driv ing tractor, held, workpenden t upon the ,vorkm an fo r support at th e ','1;1an, within · compensation la w, thoug h e111ployment t ime of the in h1ry; if it be show11 that the sur- " ;as casual. Id. : • . • v iving· spouse w ilfu lly desert ed· deceased w ithSubdivision or ··held, to · includ e injuries . suffered • thr ough th e performance of an · duties of the employout f au It upon t I1 e part O f t I1e deceased, such men t, whether main• or incidental thereto but called surviv in g spouse will }10t be' reg arded , · as a • fo r by it. Ideal Bakery v. Schryver, etc., 43 W yo. - , depe nd ent in any degree. No surv iving spo\1se 299 P. 284. •• • • ' shall be enti tled t o the ben~fi.ts_of this, _c hapt'er . Cited In re Ma rtini, .38 .v,/yo. 172, 265 ,P . 707, anunl ess he or she shall have been· married to the noted uhder § 124 - 112•• deceased at the tim e of the injury. [L. '21 , _c. , 124-108. Guardian may act for persons un138, § 3 ; • • der disability. In case .an injured workman is {k) "Child or· chilcjren" mean s b oys u~1c\~r -m entally incompetent or a minor, or where s ixteen ·y ear~ of age and g irls ·tmder ei ghteen death ·r esults from -the injury, in case any of ~years of _a ge { and over said ~ge, if physically liis dependents, as herein defined be ,mentally or menta11y incapacitated fr om ' eari1ing} -aiicl • incompetent or a· niinor, at the time when any ·shall also include legitimate childre,i ofthe 'in- 1:ight or i;irivilege accrues to him under this jured workp1ari born afte'r his ·9eatli o~ inj'm;y. •,chapter, his guardian may, in his behalf, cfa.im In 'ot)ler C?ses, -questions· of fa.'m ily dept!ndehcy ·an<:L exercise ·su.ch right .or -privilege and no in whole -or iri part shall be determined' ir\. ai:- , 'limitation of time, in this . chapter provided cordance ,..,-jth t he fact, as the_ c_a se ,may 'lie, at for, .shall :run, so long -as such -i ncompetent or the time of the _injury_; the foregoing d_efiniticin • minor has no guardian. [L. '15,. c._ 124 § 7; -of "<l.epei;ident fam ilies" shal\ not _i1.1c'lude, any C. S. '20, ·§-43.22. of the ·persons named, w ho are aliens residing . 124-109. If other .t han employer is liable. beyond the jurisdiction of the _U nited -States of 'Where an · employe co'1ning unde_r th,e proviAmerica, e?(cept a surviving wjdow;__ pr ·~oys si,ons .of. this chapter receives an injury under under 'sixteen .(16) years of age · or \girls · mt·circurn's.t. a n~es creating a legal 1iability in some der -eighteen (l8) years· of age, or parent or person .other ·than the employer to pay damparents, and ·as to suc·h non-resident alien.s the rate of COmP.ensation ,shall n,o f exceed . ~hirty- ages in respect thereof, and no leg al liability three and one-third per cent. (33¼:%) of the attache!;i to the employer, then and in • such case such .employe shall ·be left to his remedy rates of compensation herein p:rovided. [L. '23, at law against such other pers.on, and com·c. 60, § 3 ; · • • ·' pensation shall not he payable under this chap(I) The words "injuries sustained in extra- ter. [L. '15, c. 124, § 8.; C. $. '20, § 4323. hfizard.rius employni.ent," . as used in :this chapter shaH inclucte death resulting from injury, 124-110. This chapter governs fi!S to liabiland injuries to employes, as a result of-:their ity of employer. No contract, rule, regulati_on employ;meJ11t and while a:t work in :or .ab.ouit the •or device whatsoever ·shall operate to relieve premises occupied, ,us·ed ' or controlled by·•the the employer, in "'"hole ·or in part, ·from any ,employer, .and injuries • occurring else,vhere lia:bility created by this chapter except as herewhile .at work in places where their employer's in provided. [L. '15, c. 124, § 9; C. S. '20, § business r.equires their presence and . .subjects 4324, them to .e..'X.tra-hazardous -duties incidelil.t to the Vlhether stipulation for reop ening case on certain business, but shall not include injuries of the conditions after final judgment allowing compensation to injured employe is ·void, under this section, is imemploye occurring while on his way t ~ assume 1 �124-111 WORK MEN'S COMPENSATION material in determining whether tourt had jurisdic tion to reopen judgment, which a1opted and_ confir_m er statements in stipulation . at least m part. :tlf:dw est Refining Co. v. George, 41 V•lyo. 55, 281 P . 100:i. ~2002 state treastirer for. .s itch r puq5os,e s, • and frShaJl 1 be verified as pleadings .in c;iv. il :a ctions, Wilf,ul failure . or neglect;,bn the par.t of any employer w hose business i ol' ' o.c cup.atj_on , i,s ,o ne I emJmer124-111. Blank forms .supplied by state ated and ,defined , herein as, being ,extra-haz_ard. treasurer. It sl]all be the duty of _tl1e state ous, to r.eport accidents ca1.,1:s,i11g. injunr to any treasurer to prepare, cause to b_e I!nn te~l and . of .his employ es ;. shall1.be. a ;miscl.em.eanor ! an9 supplied free for_ use in the admin1 strat10n of upon convictioi1 >st:1)::h employ~r shall be pirn• this chapter such blank forms as may be needed ished by a ,fine of 110,t : exte.edmg ,nve h,u ndred in the administration .thereof. and the forms dollars ($500.Q0): , ,,· 1. ·_• .. r.;, , . ·, provided by the state_t'r~~surer shall he use_d The :injure.cl employe'.s , repC?rt ,of acciden t as near as may be in all procedure under this may be made .upon, a printed·, form prepar-e,d chapter; _and it shaH be the du~y _of the state by the ·state treasur.er. for ·that,. purpose. No treasurer to provide- himself with such other order or award for compen sation shall be m j de books, records, or forms· as m_a y ?e deeeme? unless, in addi_tion •to the repor-ts•- of accident, necessary to expedite the transaction of busi- an application or claim for award is fil_ed ,by-the ness under the provisions of this chapter. The injured workman ,' or. someone ,-.017, ht s behal_f, state treasurer shall -also prepare and cause to or in case -of -tlre death of .th!:! ,i njured ·" ·orkbe printed, for the information o_f employ~s and man, by his d~pendents or; some -~n,e •in their workmen, such helpful instruct10ns as will _as- behalf, with the clerk of the district court in sist injured workmen in correctly makmg the county wherein such accident o£~urrecl, claims for compensation : _[L. . '23, c. 60, § 5, ,,within five months af_ter ~he day on ? ·h1ch the amending L. '21, c. 138, § 4; C. S. '20, § 4325. , injury occurred; prov.icled, how ev,er, 1f. th e, em124-112. Reports of ~ccident. 'Whenever an ploye's report of accident is· filed wi~h in th e accident occurs, causing hi.jury to any ':'ork- prescribed period for fili11g an c;:mploye·s report man engaged in _any of ~ the cxtra-~azardous of accident, the period ot •limitation for t he emploments defined hy this chapter, 1t shall be filing of such claim shall be nine . i:nonths. the duty of the empl_oyer and the . inj~red em- Neither the. reports of accidents •nor a nything ploye, or someone on his behalf, or 1~ behalf therein contained· shall constitute a .claim for of the injured employe's 'dependents , 1f he be compensation. The employe's clain: ·for comkilled or dies from the injury, within 20 days pensation may be amended at any time befo:e thereafter to inake a report or such accident an origin.a l order of award ha1\ been made ·m and the apparent injury resulting therefrom order that the workman may correctly set out and to file said report in the ·office of th_e clerk the nature of his injury. ',[C. ;3. '20, ,§ 4326, .as of the district court of the county wherein such amended by L. '27, c. 11,1, § ,1; :\'.,·. '29, c. 61, § 1. Cited . in Hotelling v. Fargo-VVestei-n Oil Co., ,·33 accident occurred which report shall state: • (1) The name of the injured wor½man and 'Nyo. 240 238 P. 542, annotated.un;de,r ,§ 124., 101. • l . . Report filed by empl<;>yer,: ?Ol1~~rning _ac;~ide1:t a~? the time, cause and nature of the accident and mJury suffered thereby, 1s ordmanly adm1ss1ble m ~v1injury; also whether the injury has disabled dence. Ideal Bakery v. Schryver, efc.,' 43 W yo. --'-, , • • , : '. the workman from _contin\1ing the performance 299 P. 284. Limitation of time for application for comp,e n~ahon of his duties; · injured employe, held, applicabl~ to injuries ~esul,t (2) \Vhether the accident occurred ·\\"hile by ing in death. In re 1fartini, 38 Wyo. 172, 265 P. 707. the workman was engaged in the duties of his Limitation for fil ing claim by injured employe, held, employment, and grew out of the employment; applicable to claim bv surviving parents . . Id. ". , That employe's surviving pai;ents 'were -i,n It~ly, (3) The nature of the employment and the no excuse for not filing claim for cpmpensat_1on duties and how long the workman has been held, in time. Id. •• • • • •• •' engaged in the service of such employer; ' Lack of knowledge· as to limitations for ·filing claim (4) Whether the accident was or was not for compensation, held, no excuse for failure . to fi)e • ,Jue solely to the culpable negligence of the claim within prescribed .tim_e. .. Id. injured employe and if so,' a statement of the 124-113. Investig~tion by th~ district judge facts; -Procedure in disputed cases. , 'Whenever •an (5) \-Vhether the injured workman is mar- • injury ot death resulting from injury •is reried or single; whether he has a dependent ported to the: clerk of the · district court of .the family, and if so, the names of the persons county wherein such fojury occurred, in ·arcomprising such dependent family and their cordance with the preceding section, ._it· shall place of residence; 1:1e the duty of said : clerk to_· af oilce notify the (6) \Vhethcr the injured workman intends Judge of said· court; that -such hijury, repo1't .has to claim compensation under this chapter. heen filed •in· ;his · office . .. It shall ·thereupon be Said employer's report of accident may he the duty of said.j.u.dge to.investigate the. pature made upon a printed form prepared · by the of said· injury and ,claim· for.:c©mpen-sa,tion·•,at ., .., . . WORKMEN'S , COM-P E~SN I'ION 2003 the earli est poss ible. date: ' in ,s uch a m ann er ani:;~ a,ri:d ,mileage, as is fixed )1y · law in civil a he may deem nec ess ary to ascertai n w hetb.e'i; action s,- and · ,jury. costs shall also :be taxed to th e clairn ·. for ·, coin pen.~a,ti 6n or t he ,?in oun.t . a)1 d paid ifn m1i th~ accident fund, if the verdict t hereo f, is di sputed hy the.· employe~. , and if ancl ,judg ment, be in favo'r of the einploye·r ; . but t hei·e he no: clispute,r- as ·to ·th_e·· rig ht of ·t h~ in~ if; aga in~t the employ.er the~ he shall pay the jurecl w9rkman t o . rece(Ye ·compem{~tioh, cir costs. At the c.onclusion of the bearing, the as to the an1ount ther~of,.-ancl the .cl aim .appea,r court-shall enter an ·order pursuant to the vert o be free frnm collusion, said judge shall t here- dict of the )jur.y,; if a jury be called, and .if no upoi1 m ake an ord er directing payment ,fo r such jury be. called,, the . court or judge shall render co111pensati on •from t he ·state industrial' acci: a dec:isi~n upon the facts and . law of the case dent fund in accordance with the fac ts by him pursuant to the prov-isions •of this c_h apter, and ascertain ed an d the terms .of th is chapter. If make : an order ,allowing or disallowing comt here be ·a di sp ute, _as t o t he rig ht of said in- pensation, ;as.. .t11e .law and -the evidence may j ured 'e mploye or his dept1icl e1\ t ·fa111ffy :to re- w arrant. In any proceeding before a court or ce ive comp ensat ion, or as t o the amount th ere~ ju'dge, as. aforesaid; the court or judge shall of, t hen it shall be the duty of said judge to have author ity to appoint a duly qualified imset th e cas e clo\'hl ,for a hearing .at: 'the . earliest part iar •physician to examine · the •injured empossil=1 le ,date and to dii-~c t .no~i~e_o f s_tic\1· ~ear:; ploye 1.and, ;gi:ve testimony . . The· .fee for ·such in g, to -be issued by the clerk of sa;i.d cour t .for service, shall t,·e.- five· dollars · ($5.00), unless service upon th e emp!oyer an4 th e ei:nploye 'at dtherwise· ordered by the court, with mileage least seyen (7). days before th e _date _fixed for allm~rance,' .a s , is · allowed to ,other. witnesses, said hea ri ng, which said not ice shall b<f served whi eh shall- b'e taxed as· costs, and paid,as other bv the sheFiff of said c·o unty withovt .'exp~nse witness .fees • are . paid. :r'he employer or emt~ ei th er·party; excep t that his actual ·traveling ploye may, at his owri ·expenses, also .appoint a expenses shal l be all owed an d taxed, as _costs. qualified pliysi'cian,,• v.fho · may ·a ttend and be The h earing shall be conducted upon ti:].~ s.tate- present at any, such examination of an injured in'ent and report fil ed by t he _employ er_, ~nd employe ·and give testim'o hy at such hearirig or such formal clai ms as maj,. be pre?eiit ~d ,~111 ~ investigation. ,, [ L. '15, c .. 124, § 12-; C. S. '20, • fil ed with the clerk of the district c.ou'rt by . or §A 327. · : · , • on behalf of t·h e injured workman'. ;r,(~~<:! :em~. . • This ·se'ctidn ddes 'not de.ny the right of an 'employe ployer, in h,is report of th~ injury 1 alleg:es ~p.~t lo'; Jie represented by counsel, in• view of § 124-128; the injm;y was due solely to the culp<;ble !:~g- relating . to fees of attorneys. Zapcanelli v. s;entral & Coke Co., .ZS. Wyo. 511, 173 P. 981. . lio-ence :of the jnjured employe, or.: that ·.the •Coal Court in compensation · proceeding held, authorized c&in1 ,''for "compensation is . on e not '_ coming to ·sectii-e expert testimony on effect of injury," though within the''provisions of ·_ this chapter; then a bearing on ultimate fact. Sal<amdto "· Kem!nerer Coal ·' • . • j~fry may be •dema:r~ded by either party ~nd Co., 36 Wyo. 325, 255 P. 356. Refus al to take compensation case fr_o m jury after the cause ·shall be tned, as a-court proceedmgi e111ploj•er admi~ted the~e was no evich;nce of workIf jury is demanded,-_it n1ay_ be _se~ec.ted fr'om man's· ' citlpable negligel)'ce,. held, not ·error. In re . names drawn from the'fivem1le hmit Jury box, Hibler, 37 'Nyo. 332, 261 P. 648. Hearsa)• tes timony • of dece_ased e1:1ploye' s_ ~v1fe, as in -civil cases, at any -time in term,, time -o r i::ohceriling employe's sta.tem_ents relatmg to mJu_ry, ,mc·ation unless a reg ttlar .jury , pan~l he) n. at~ admissible :where no ob1echon was made at trial. tendance at the court on . the dat~ c1ny: pu~h Ideal Bakery · v. Schryver, 43 w_yo. --:, 299 P. 284. hea~\ng may . occur .. !he ' taki~g . of ~;y~~epc;e , 'Cited · in La Chappelle v. Umon Pacific Coal Co., Vvyo. 449, ~14 P. 587, a~notat~d under § 124-101., shall be summary, givmg a fu~l opportl!mty to 29 Cited in Midwest Refinmg Co. v. George, 41 Wyo. all parties to develop the fa~ts, !u.ljy . . The_of- 55; 281 P . 1005, :annotated un_der § 124-140. • .. ficial court reporter ~f.,the . distr;1~t :court . ~?a}! ·124.:114.; A~peal =to supren;ie ·court. Anv attend the hearirig and make a stenogr~phie report 0 f the evidence _without ,cost: ~o:-either order o-iven and. made in any · investigation or party. , The court ?r· Judge : shall , ·d1!:eFt the hearing by a court or · judge, pttrsuant_ to the county and prosecutmg attorney; Of ' ot~e,r com~ pi·ovisions of this chapter, shall be rev1e\vablc P!!tent attorney ai:pointed _b y the· court.:to ,con- by the state ·supreme court ?n pro_ceedings in duct the examinat10n of W¼~nessl::s .on be~alf .of error in the manner prescribed by the code th~ injµred workman, and it._ sh~ll ~e .. the_puty of civil procedure; _rrovided, h~wever, that the of said attorney to appear and perfo~m s~ch petition in error, bill of except1011s and record service '.without expense to either ,pa,rty. The on appeal must be filed in the supreme court eriiplpyer· 'may appear in person . or by _com:sel within seventy (70) days from the elate of deand introduce evidence _at the s~me hearmg. cision or order on motion for new trial hy a No costs shall be taxed by ~he cle,rk except court '·or judge, ·. unless the time be extended fees -for witnesses who may be subpoenaed and by order of court or judge; and fifteen (15) who shall be allo,~ed the same fe'es; for attend- _d ays . shall be allowed plaintiff in error there• a • • • • • 'H •• 1·; l I' �124-114 "\iVORKMEN'S COMPENSATION after for filing brief, and fifteen (1~) days thereafter shall be allowed defendant m error for filino- brief, .and said appeal shall be adyanced ~n the cafendar and disposed of as promptly as possible. In case an appeal to the supreme court ~s prosecuted on behalf of the injured '\Yorkman, the county and prosec_uting attorney, or other attorney reQresentmg said workman, shall order a transcript of the record of. the hearing . and ·proceeding to be prepared bf the official court reporter of the district . wherein ·said injury occurred and duly certified "Without cost to said injured workman, and said county and prosecuting attorney or other attorney shall order the papers on file in the ·office of t11e· clerk of the di strict 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 "·orkmari •l)y the. attorney general of the state as part of his official duties, and by any other attorney .representing said workman. In case an appeal be prosecuted on behal_f of the employer, the record- of the pro_ceedii:igs at the original hearing shall be supplied w1th011t cost to_such employer, but such employer may employ counsel to conduct such appeal on his behalf. The court granting an appeal to an employer from an order of award shall stay, until the appeal is finally determined, the payment of said award· or that portion- thereof appealed from upon such .terms as may to the court seem just and proper. [L. '31, c. 73, § 59, amen<ling L. '25, C. 124, § 2; C. s. '20, § 4328. 2004 case on appeal. In re K:rivcikapich, 41 ,\V,yo. 9, 281 P. 195. -. . i • , ., • Failure of parties appeal.ing fr<;>m .aw_a~d,: of compensation proceedings t.o file· re'cord within ·s tatutory period required dismissal. Id. • ' • ' .' . Case dismissed for failure •to :p,erfect appeal m time . l\farsh v. Aljoe, 43 \Vyo. - - . , Proceec:lings· held, reviewable . by _cjir~ct appeal except where altered, in ·view · o_f 'this sect10n. Marsh v. Aljoe, 41 Wyo. U9, 282.P. 1055. :!: ' • District . court held, author~zed_ to make , second extension ox:der for pedecting.,appeal to suprerr:i e cour t._ 1d "Right of compensation claim ~n; ·t~ ·'atlorney ·ge:1eral's services must y.ield to \ state ·treasurer's rig ht thereto when he petitions to reopen ca:s·e. Id. ' Sup;eme court has no jurisdktiC?n of appeal in ~om pensation proceedings taken after exp1rat1011 _of ·st:-itutory period, therefore without order extendm g t ime. In re Contas, 42 \'\'yo. 59, 289· '!?· 368. . . • General terms of compensation..law, fi x mg tnn e fo r filing record on appeal, were applicabl ~ to fili ng record in compensation cases under sub se·qucntly crea ted appellate proc'eclure. In re Contas, 42 VITyo. 94, 291 P. 31"4. . •. To entitle record on appeal to be filed w1th111 statutory period, docket fees must be paid to i;lcrk with in time allowed. Id. Appellant has duty of seeing that his r-e~ord on ap• peal is forwarded to supreme court as required by law . Id. 124-115. Court order recorded-Copies· to auditor and treasurer. Every order given ai1d made by a district court or judge awardi11g pavment from the industrial. accident fund to ·an· 'injured einploye or his dependent · famil y , shall be entered of record by the clerk ·of the court where given and true copies· thereof shall be immediately made and certified qy said clerk and forwarded •to the state auditor and ·state t·reasurer, respectively, of Wyoming,' and 'shall Law permitting retention of fees by reporter for be by each of said ,officers entered :upon,,~ r\:;Ctranscripts held, not to .repeal law requiring transcripts ord to be known as the compensation ·docket, in compensation cases to he furnished without co,t to and shall be the authority' and -direction of the parties. In re \Vinborne, 34 ·W yo. 349, 244 P. 135. Cost of transcript, in appeal under this chapter, not state auditor to issue warr.ants for compeusa7 contingent expense payable out of industrial accidl' nt tion awards against the industrial accident fund, nor ·from interest earned by said fund . fund and for the · state treasurer to pay .such Judgment on substantial evidence in compensation case is conclusive. Mc1ifahou v. i\fidwest Refining Co., compensation awards frorp ·$aid 'fun.cl. .[ L. ,'15, 36 \Vyo. 90, 252 P. 1027. C. 124, § 14; C. S. '20, § 4329. . • \Vhere petition in error and record hi compensation Cited in La Chappelle v. U~i~~ Pacific Coal . Co., case were not filed within time limited, the supreme court was without jurisdiction. R eitsma v. Standard 29 Wyo. 449, 214 P . 587, annotated under §" 124-101. Oil Co., 37 Wyo. 471, 263 P. 619. Mot~on_ for new trial, under this section, must be filed w1thm 10 days from final order, and, where not so filed, error proceedings must be dismissed where motion for a .new trial was necessarv. Standard Oil Co. v. Buchanan, 39·\\'yo. 372, 271 P. 876. Procedure on appeal in ordinary civil cases applies to c~ses under compensation act, except ·as otherwise pronded. Td. Assignment of error in motion for new trial not urged in brief is wah•ed. Ideal Bakery v. Schryver 43 vVyo. - - , 299 P. 284. ' Unless_ an appeal. from an order, in proccdings under this chapter, 1s perfectecl . by .filing record in supre1!1e co~rt within 30 days thereafter as required ~>Y this section, or as extended by 9rder of court or Judge, the supreme court . has ·no jurisdiction of the 124-116. Industrial acciclent fund-Appropriation. There is hereby •created a fund to ·be known as the "industrial accident fund," which shall 'Ire held by the .s't ate treasurer and by him deposited in such banks as are authorized -~o receive deposits of ·the· funds of the state.. The treasurer in making said deposits shall c'.livid'e t!1e said industrial accident fund into two distmct .funds, one .to be known as· the "general fund" and the other to b'e known ·a:s the ''re· serve fund." The "general ·fund" as :near ·a~ may be, shall be used for payment o·f • all awards, claims and •items 'of ·expense ·charge· 2005 WO RJ~M EN'S CO MPENSATION 124-117 abJe aga inst th,e 'in.<lust.1: i~l -accid ent fun.cl , and compu.t ed ·atid paid. Each employer shall cont he "res~r ve · famcl'. ' shall not .be_ used for. any tinue 'to..:make p10nthly contributions as above of said payments ·unl~ss the '-'general fund " at pro.videcl nnless his account, after makino- the the time i •insufficient to m eet the deman cls hereinafter specifie&, deductions therefro_m, upon it, i·n whi ch case th e trea ur er shall trans-• shall equal full. two per cent ..1 (2%) of his anfer fro m th e "reserve fu nd " t o th e- "g eneral nual pay roll com.puted .by multiplying his curfund" a ·sufficien t amount to meet t he immedi- cent month's payroll of workmen engaged in ate demands bpo n sc1id . "general fund." Th ~- extra-ha.zardous . employment· by twelve and purpos·e of treating <:.ai d " reserve ftu1d " is t o s hall likewise be. n.ot less , than three thousand provide a fund \\:ith in th e ind ustrial acc ident dollars ($3,000,00); provided; however, that a1i.y employer ',yliose account is overdrawn hi1id · sufficiently large t o 'p-ay g reat an d tm- shall be r equired to pay mon.thly a sum of usual' demand s · upon th e ·in d ustri al accident nl.oney (including the payments as above f_urn:\ whic,h ~ught be ca used by a lar_g e di saster sp_ecif.iecl) equal .to four per cent. (4%) of the or_, by several such disas ters occm:ring; w ithin m ohey earned by each of , his employes ena short ~ime, and t he " reser ve fun d '' shall be g ag e'd in such extra-haza_r<lous employment kept, apa:rt. t,i'.ol'.n ·t)1 e "general f.mid/' and as )1ear clurihg each calendar month of such employas may be U11used in acco.rdance w ith said pur-. ment until such ·overdraft shall be paid. Such pose. T h e stat e trea,surer shall set aside in the· emp loy er shall 11.ot be compelled to contribute " reserye · fun d" at . th e end of' each month when hi s contributions in, the fund, after makt,_venty-fi ve per cent. (25%) of all moneys re-· irig cl'eductions' as aforesaid,.shall equal two per ceived· in th e' industr ial accident fund· during· cent. (2%) of .his annual payroll, and shall likesaid month in excess of th e amount expended ; wise · be not less . than three th6usand dollars • • the balahce 0£ m oneys so received ~o be used ($3,0Q0.00). • in the "general fund. " Three-foui·ths of •the In adcliton to other payment~ required by " reserye..fund'' shall be as near as may be kept this section to be paid into1 the ind~strial acciin.vested in U nited· States government bond·s, dei1t fund, . every employer engaged in any of state, county; school di stFict or municipal' the otcupatio11s herei·q .defit1ed as extra-hazarclbond's .' All moneys received by th\'! state trea~·-· ot~s . shqll 'in.ake a payrf1erit 'to he k'n~w.n as a u.rer under the provisions o·f this chapter shall. '_'sei;,;ice and policing charge." Such service become a par.t of the industrial accident fimct a.i1d policing chifrge s~all be ·paid ·by the emAl(fees ,or mileage of w_itnesses, jurors' and ployer i;1to t~e . ~ta~e treas~iry for th~ _l;>enefit physicians· ad}ttdged to be · paid from the 9,cci- of the ,industdal accident fund and shall not be dent f4nd in . any cour.t proceedin.g under this credited to· the balanc~ of the en~ploye~ conchapter, . and all contingent expeuse,; incurred tributing. The amount of balance in. the indusin preparing f9r and in .the administration of trial •accident fund to the employer's credit t_h is chapter shall b_e paid from the indust;rial shall not relieve him of his duty and liability accident fund on proper youchers and war- t0 •pay the serviee and policing charge; proFants. [L: '-31, c. 73, § 60, amendfog L. '21,, viclecl, however, that no employer who pays for any calendar · month four per cent. of the C. 65, § 1 ; • C. 'S. '20, §' 4330. • moneys earned by each of his employes _en"Contingent expenses" payabl~ 0ijt of industrial accid'e nt fund, riifers OJJlY .to expenses i.n :i,dministration • gaged :in such e~tra~hazardous employment of state departments, does not i1iclude cost ?f tran- during stich calendar month sha:11 be compelled script, in appeal' under this chapter. In. re \l\lmborne, to pay a service and policing charge for such 34 Wyo. 3'.49; 244 P.135. • nionth'. ' • • . The . service ~nd • poljcing charge shall be 124~117. Eµiployers: ass,essmel)_tS. Every employer engaged in any of the. occupations computed on· the monthly premium paid by the herein defined as extra-hazardous, 1s hereby re- individual employer into the state treasury for q~ired to pay into. the state tre;i.sury foF th~ the benefit of the ind.us trial accident fund durbenefit of the industrial accident fund a sum ·of' ing each calendar month, or on the premium money equal to one and one-}:t.alf per cent. which the employer would have been· required (1¼%) of the money earned by each of his to pay had not the amount of the employer's employes engaged· in such extra-.hazardous em- balance relieved him from the payment of a ployme1it during ·each calendar month of such premium. employment. -Such payment shall be so made The amount of the service and policing on or before the 15th day of the month follow- charge shall be determined according to the .fol• ing the month for which such payments are lowing schedule: the �124-117 2006 WORKlVIEN'S cmvIPENSA!fION cidents to employes,' and to . the end that each Seryicc and employer ·shall compensate all injuries t o the policing charge workmen of .such employer and not .those of, for month oth er employ ers, the state treasurer shall keep \ Vhere the monthly payment isLess than $ 10.00 ..... .... ..... .... .. .... ... ... . $ 1.10 a separate .account for each emplpyer so con~ 10.01 to $ 20.00. Z.ZO tributing tq ~aid fun<;l and shall ·charge ag ainst 20.01 to 30.00. 3.30 the accom;it oj .each ~~ploy:er a\l warrant s paid 30.01 to 40.00 4.40 from the industrial ~ccident fuf).d: • . (a) -A s ·avvards .for .i njuries to empk,yes ?( •40.01 to 50.00.. 5.50 • . . . • 50.01 to 60.00..... ..... 6.60 such ~mployer; · (b ) I n' _paym~nt .·o,f . medi.cal an d surgical· 60.01 to 70.00 .. ...... .. 7.70 70.01 to 80.00.... .. ...... 8.80 supp\ies antj nied1cal or hospital attendanc~ of • • ,. 80.01 to 90.00..... 9.00 an em ploye •of suth em ploy er; . ( c) In payri:~ent fot inv e~tigations of ac.ci:.. 90.01 to 100.00..... ..... . 9.50 100.01 to 150.00. . ..... .. 13.50 dents ·of such·· employer, or 111 paym ent of 111150.01 to 200.00. ... .... . .. 18.00 vest10-ations of accidents of such em ployer, or 200.Gl to 300.00.. .... ...... 24.00 in pa;ment of im·estigations of injuries t b his • 300.01 to 400.00..... ....... 30.00 employes; • (d) Iii payment of w itness fees in' cases 400.01 to 500.00. ... ... ..... 35.00 500.01 to 750.00... . ..... .. 48.75 wherein an order of awa rd is granted to the 750.01 to 1,000.00.......... .. 60.00 employe of sui;:h employer. [L.1 '31 , c: 94, § 3, 1,000.01 to 1,500.00.. .. .. .. ... 82.50 amendingL. '27, c; 111 , § 2 ; L . 25, c. 124, § 3; _l ,500.0I to 2,000.00.:..... ..... 100.00 L. '23, c. 60, § 7; C. s. '20, § 4331. 2,000.01 to 3,000.00...... ...... 120.00 • Cited In re Winborne, 34 W yo. 349, 244 P. 135, an3,000.01 to 4,000.00 ... ..... ... . 140.00 notate~ under § 124-114. 4,000.01 to 5,000.00...... .. ... 150.00 124-118_. Filing of payrolls with state treasOver 5,000.00 .... ..... ..... ........ ..... .... .. 175.00 urer. It shall be the duty of each emplo) er to, Provided, however, in th.a t the expense of ~he forwar,d to the state treasurer, on a blank foi:m administration of this chapter and of makmg provided by said state treasurer, a true COPY. the collections herein . fixed, is greater as to of his payroll of pers.o ns in his employ eng ag ed non-resident .employers engaged in extra-haz- in extra-hazardous employment during the curardous occupations, than such expense obtains rent calendar month, sworn to either by himto such employers bona fide domiciled within self or the person haviJ:?-g knowledge of s~id the state of \i\Tyoming, the service and policing payrolls. Each employer, unless· otherwise charge, . upon the monthly prem~um _paid by supplied with the last ·ahove blank forms, shall non-resident employers engaged m extra-haz- seasonably apply to said state ·treasurer for ardous occupations, shall be double the foregothe same; and any employer who •shall fail, ing schedule, as the same applies to resident employers engaged in extra-hazardou s occupa- neglect or refuse to furnish such true ·copy of his payroll of persons in his employ, or shall tions. refuse · to make the monthly premium . payThe term "non-resident" employers of extra- ments as provided by the terms of this chapter hazardous occupations, in this connection, shall when they become due, and against whom an be construed as an employer of labor engaged award is· made to any injured workman in his in extra-hazardous occupations, who for the previous twelve months has not been a con- employ, shall be . personally liable to the state tinuous contributor to the compensation fund of Wyoming, for the use and benefit of the inas in this chapter provided, and who has not dustrial accident fund, to be recovered by suit. been bona fide domiciled in, or a resident of brought by the state on the relation of the state the state ·of \Vyoming continuously for the pre- treasurer, in a · sum equal to "such award or ceding twelve months next prior to engaging in awards as are entered for payment from the the business of an "employer of labor in extra- workmen's compensation fund of the state of hazardous occupation." \IVhcn any such em- . yommg. The entry of final order· by the ployer, shall contribute to said fund as required Judge of a district' court having jurisdiction of by this chapter, for twel\'e con secutive months s1ch cause a1:proving and allowing an award immediately prior to the commencement within \ c~ml?~nsation shall· be prima facie proof of this state of the occupation, the requirement ~vi~ 1;1~thty of~~ employer so failing to comply to pay double the service and police charge th t is pr?v 1s 1on of this chapter· provided, a non-resident e 1 •• ' • • shall cease. any extr mp oy,ers, upon engaging in this h a-hazardous occupation as defined in For the purpose of encouraging care on the apter and ha • • h . k part of the employers and thus decreasing ac- men cper£ ' . vtng 111 t e1r employ wor -. ormmg such extra-hazardous work, 0 w . 2007 ', WORKMEN'S iCOM PE NSA:rION' / 124-120 shall , be <leemed from the ·date of th e com-· men , who • may,' die as the· result . of su.ch inme1i.ceme 11t .of· 't'1Cl1' ,-vo rk, to· have designated ' juries, except ·id case of-'injuries due solely to . the .sec retary, o"f state of"the 's tate of Wyomin g t he culpable neg ligence of such injured •emth eir :·agent· t or.i 'Setv,ice of ~lllY · process' upon ' ploye, shall receive out. of the industrial accit hem in any· act"iou ·prosecu ted herein und er; I <lent ft!11d, compen·satiori in.· accordance with and · htr'thei·, ' provided, ,N1at , t he secretary of t l1e•foll ow in g:ischedtile, and·such payment shall state, up on ,the. receip't of , ariy process shall be in lieu of and -tak'e the· nlace of any and all sen'd the satne 'by i-egi.s tered mail to the address rig hts df action. against any employer conof· the addressee only,. a1id 1 shSt!f rei:1uest that a· tributi ng, .as required 'by this chapter, to the ret urn ,receipt fo r same be· .furn ished. · The indu st rial accident ·fi.1nd ,in fa:vor .of :any person pro,,isions of tl1is sect ion shall not modify '1;11_Y or person~ by r.eason of 'ariy .such injuries or other provisions • of this chapter, but shall be death. ., . ' deemed t o ·be in addition thereto·. . (a) ."Peri11anent pa; tial· disability" . means It shail fttrt her' be the duty of· each employer t he loss of either one foot, one leg, one hand, heretofor~ 1nen.t ioned -to notify the s tat e treas- one ai·n1 , 011e··eye, .or .t lie sight"'of one eye, one • urer -in .the !evei-i t ti-I.at he has ceased to 'eirtplo'y or 'niore1 fin gers·,. one or more toes, and dislocaworl.i.inen i1'l ·occupation·s'. of a n extra-hazardous ti on , w here• the liga1n.erits . are ,severed; or any • nat:ure<as -de-fitted b)r"thi s chii.pter, A:.ny fa ilu re • other injury know n· to surgery to be permanent of any such · eriiployer to fil e ,'v ith said stat e I partiali disability. For' any permanent partial treasurer a copy · of' h is payroll as herein •pro- '. dis ab.i lity'. herei'nafte'r specifically .described, re- -" vided, s hall 1be!a.111isdemeanor, an d any wilfully ,, sulting fvom ah.finj.iiry," the workman. shall re- • fa lse statement in any affidavi t 1'n ad e as herein ceive ltimp .stimias ,follows : .• prov id ed _. shall li kew ise const ittite 'a misd'e-· ·F or th e.lOS"s 6'£.a ,thumb \i:-:.'. :.......... :.,.. :.. .' .. $ 337.50 , meah or, ani:I. ·any hiis<l ern eanor cori1ini_tted in i For t4eloss of-a first•finger .:..... .:... ,:....... • 300.00 violation of t his section shall be punishabl e• by . For.the kiss of a,secund ·finger ......... .;... . 225.00 a fin e of not .in ore th ai1 five hundred ·dollars ', For the foss,of a .third finger •.......... ,..... 225.00 ($500.00). [L.' '29, C:. 119,' '§ 1,·ame11ding' L. '27, - F01, the.loss of-a·fourth,£inger ,.!..·...'. .... ... 225.00 . c. °111 , §.3•; L·. '23; c."60, § 8;' C. S. '20, §4 332. - '· For, tlie' ,loss •of: a •palm Cmetacarpal: 1 ·' • • • : • ' ', ; • -bone) J,..[ ...:.. ,:... .;.:i::........J... .. ., . ... : ... : ... ,.. 900.00,: 124-119.- Inspectors-Failure to pay: assess- For. , the loss of ,a ·hand .:...'. ... .0•." ......... ... 1,500.00 ment~Penalty. The state treasurer is· author- For the'1oss .of, an arm• at ; or below ' ized. and , em120,v~1:ed, for tl~e pu~pose • of enelbow .:.... !, ..: .. , .: .. .... . :.: .... . ,i... :................. • 1,800.oo -forpng the ,prov1s10ns of this chapter, to ap- • For ·the loss ·of a'Ii ·ar-m above .elbow .... -2,000.00 ppi11~ t w.<Y i~s·p ectors, .the salaries and. ad:uaJ• For .a'. nky-l~sis ·:(total stiffness· of) or conai:i.d • necessary' ~ra'v eling expenses of such in- tractures ( due .to scars or injuries.) which·make · spector~ ,to · be paid out of the industrial.acci- the finger's mo-i-e than useless, the · same . dent, fund.: ·In·- case any employer eng;ag~d 'in amot:tnts apply ·t o· such finger· or fingers (not any_·1;.x tra-hazard·o us . business or , industry, as thumb ):as given above. . defined:·by this chapter,· shall fail· or refuse to • The. loss of a third or clistal phalange of the pc1,y, ,the ·as.sessment upon his current mon th ly thumb · shall be ·considered to be equal to the payroll, as •i s required by this chapter, he shall :· loss of one-half of such thumb; the loss of the be guilty of a mi:sdemeanor and .s~all be pun- •. more . than one~half of such · thumb shall be ished by a fine of, not more rthan fi,ve ·hu nd red considered to be equal" tb the loss of the whole dollars ($-SQ0.00), and in addition to the said . thumb. • fine· it shall be the duty of th e attor.ney, gener~l · The loss of a third or distal phalange of any of this state · to immediately bring s uit in · th finger shall be coi1sidered to be equal to the name of the state for the benefit of th e ind u.s- loss of two-thirds of such finger. trial acciden't fund ·against SUCh empl.o yer; for The loss of more than the middle and distal the collection of - such assessment, , <1,qd if a ·~dgment for the recovery of. said assesslilent plialanges of any finger shall be considered to J f h cl be ' equal to the loss of ~he. whole finger; probe giv~n in fav~r of th.e ' stat~. or.,t e •Use a~ vided, however, that ·111 no case shall the nd benefit of .th~ md.ustrial ac_c_ident • fu ; sai d amount received for more than one finger exj tJdgmegt shall be for doup!e th ~. amount of ceed the amount in this schedule for the loss the payroll asses~,n~n t prov1de9- 111 § 124-117-,. of a hand. tog:ether with costs. [L. '27; c. 111, § 4, amend- . "?0000 0 § 9 C S '20 § 4333 For the loss of a great toe ........ ...... .... ......!j,~ • ing L. ' 23, c. 6 ' _; • • ' • • For the loss of one of the toes other 124-120. Compensation sch~dule. · Ea.c hemthan great toe ·...... ... ...... .......... .. .. ........ ..... 150.00 ploye, who shall be injur~d in anr of th_e extraThe loss of more than two-thirds of any toe hazardous empl oym ents as here1!1 .defmed, or shall be considered eqtial to the loss of the the dependent family of any such mJured work- whole toe . . a e �124-120 • WORKi\IEN'S COMPENSATION . 2008 The loss of less than two-thirds of any toe shall have. power_at any tim_e during said pers\1all he considered eql.lal to the loss of one-half iod, upon application a·11d hearing, with notice to the employer, and a showing of the necessity of the toe. For the l~ss of a foot .. ...... ... ........... .... .. $1,200.00 therefor, to order a ll or any ·part- of th e unpaid For the loss of a leg below the knee . 1,500.00 I balance of.the c1waxd to .be µa.i.d to tb.e injtlred For tlie loss of a leg a.hove the knee 1,800.00 workman as a ltlmp S,t\1)1; provided, tha.t i( the w0,.1,' kman sh<1-Ll die leaving an t\npaid balance F _o r the loss · of a,n eye or the sight thereof .. .. .. ...... ....... .... .... .. .. .. .. .. .. ...... 1,800.00 of the awa\·d, then-such ttnpai.d balance shall be For any other injury known to surgery to returned to the ind_ust_rial accident fund and b e be permanent partial disability, the workmar credited.: to the employe1''s ba.lan C:e. If th.e shall receive a sum in the amount proportional \vm:kman stiffering such perman.ent t otal d is~ to the extent of such permanent partial dis- ability have a boy or boys. 1n1der six teen ( 16) ability based as near as may be upon the fore- years of age, o.r g irls: m~.cler- eight.ee1J (18) years going schedule, but in every such case the of age, the gua_rc;lia1J of sµch child or childrei1, amount allowed for the injury shall be paid in appointed as herei.na_fte_r provided, shall r eceive monthlv installments at the rate of fifty dol- for the use and bene(it of sai.d child or children, la~s ($50.00) per month_i£ the workman be un- a ltJmp SttJn of one_ hundred and twenty dollars married at the time of the injury, and at the ($120.00) per y-ear for ea.ch boy under sixteen rate of sixty dollars ($60.00) p.er month if the (16) ye_ai:s unti1 the tiine whe1i each of said workman has a wife with whom he is living at boys shall become sixteen (16) y ears of age, the time of the injury; provided, however, that and· a lump sum of one hun,d red and t wenty the court making such award shall retain juris- dol'lars ($120.00) per year for each g ir l u nder diction of the same until said award shall l1ave eightee~1 G18) y e<!rs of age_ ~ntil the t ime w hen been fully paid, w~th power to modify or each of said girls shall be.come eighteen ( 18) change the amount of the a.,ward to conform years of age; proYided., . th_a.t the aggregate to any change in the condition of the injured lump paid to said gua_rdia,n sha.11 in no case ex,vorkman, and shall- have power at any time cee_d· four tl~ousand doll.a,rs ($4,000.00) , and any during said period, upon application and hear- and all av,i: ards mad~ on account of any s uch ing, with notice to the employer, and a show- child or children, shall be disbursed under a ing of the necessity therefor, to order all or any proper guardianship to be creat~d by the court part of the unpaid balance of the a.vard- to be or judge making such award. paid to the injured workman as a lump sum. • (c) "Temporary total disability" means an (b) "Permanent total disability" means the injury which, though it may result or does reloss_of both legs or both ai:ms, total loss of su-lt in a permanent total or, partial disability, eyesight, paral):sis or other conditions perma- temporarily i_ncapacitates the - injured person nently incapacita_ting the workman from per- fr01:1 pcrformm_g any ,vork at any gainful occuforming any work at any gainful occupation. pation for the time, but from which injury such \Vhere there has been a previous disability, as person may recover by medical or, surgical the loss of one eye, or the_ sight thereof, one treatment and- be able to resume work. In hand, one foot, or any other previous perma- st1ch case, if the workman be unmarried at the nen_t d~sability, tl,e pe_rcen(age of disability for t!me of the injury, he shall receive the sum of a subsequent injury shall he determined by fifty do_llar~ _($50 ..00) per. month-, so· long as ·the deducting ther~fi:om the percentage of the to_tal d_1sab1ltty shall- continue, I£. he have- a previous disability, as it existed at the time of ~n_fe with whom he is living ·at the, time of the · the subsequent injury. \Vhen permanent total 111 Jury, he shall receive sixty dollars ($60.00) disability results from the injury the workman per month, and if he have-0oys under sixteen sl1all receive the sum of four thousand dollars ($4,000.00), hut in every such case the amount (16) years of age or girls under •e ighteen (18)' allowed for the injury shall be paid in monthly years of age, or both he shall receive for eachinstallments at the rate of fifty: dollars ($50,00) rven and. one-half dollars• ($7 SO) per month, • per month if the workman be unmarried-at the )Ut th~ total monthly. payments shall not extime of the injury, and at the rate of sixty dol- ceed nmety dbllars (~90,00) · per. month. · No lars ($60.00) per month· if the workman has comp~nsation,, except t>he- expense of' medical • attention , sh a11 be a 11 owed for the first seven a wife \\·ith \\·horn he is liYing at the time of (7) I the injury; provided, however, that the court t , . cays of d"1sa b'l" 1 1ty, unle_ ss the in~apacity e:x:nd s beyond th e • d of- twenty-one . making such award shall retain jurisdiction of Cl . . e peno (21-) ays, 111 which th • • the same until said awards shall have been f h . case e compensation shall run rom t e time· 0 £ th •• fully paid, with pow.er to modify or change the . . so . • I e lllJUry. As ·soon co~ery is • • as re• amount of-the award to conform to any chang of-the . k comp ete thqt the earning power in the condition of the injured workman, an~ . the pa\\·or man a, t any k'md of work• is restored , Yments shall. cease, but in n~ case shall 2009 W QRI<:.M:-:t<.: N'S COMPENSATION 124-120 ~he t otal pay ments .mad e in such cases ex.ceed • per month; pt ovided,. lio.w ever, that the court the aggreg<1-te th e lum p s urn amount herein mak!ng su~h awar?:m.ay· upon. application and specified to be pai d a~1 injured workman for in- hca ru_1g, with not1.ce ·to the· employer and a jur-ies . ca us ing_ · p.erma11e;Jt tQtal disability . sbo,w1'i,1g of- the netess.ity tb.erefot, order all or 'vVh en t he wo rkman h as n,on-resid ent alien a ny J?a.rt of the:unpajd 15alance of the award to children he sha ll receive only · one-third of th.e be_pai cl.i to the s_urvi-villg spouse as a lump sum. s11m ;;tbove fo,ed for boys un de r s ixteen (1 6) If the_ survi ving,1 spouse shall re-marry before yea rs of age and g irls und er eig hteen (18) all of ssi~d ,w,,ard- has been paid, then he or she years of ag e. shall qnl-y ,be entitled. to receive the sum of two _, (cl ) In all ca es of teu1porary total di sabi]- , hundred_ and · seventy dollars ($270.00) out of 1ty, perm a)~_e_n t p_,;1.rtial cl.isability and perma nent t he unpaid -balance of sa.id award, and further total dLsab1lt ty, th e expen.se of medical atten- pay ment shall cease, a,~1d any balance- of the tion and of care in hospital of the injured awaFd ~l1a:J t ,revert to the dependent children, \VO r_km ;;i._n• ?ha U be_ pa id fro.IU date of said in~ if ~ny tj1 e:n : be; ~n.d if there be no dependent j ury, the ex pense of m edical t(eatm ent not t o cb1ldren tb e,u.fipa1d balance of such award shall ~x<;ce,d on e hu ndred a.nd fifty dollars ($150.00) . re.tun;r -to. _th.e g eneral-Jund and the same shall 111 any ca.$<.; and th e exp.ense of care in hospital be cr,edited-. ~o the employer's balance; if the not to exceed one hund,ect and fifty dollar s St\Fviving; spouse- shall die before all of said ($150.00) in a ny ca~e, unless und er g en eral ar- , award has been paid, the11 the unpaid balance rangen,1ent the -workman -is entitled to medical shall r ever.t . to the- de:pendent children, if any; a tte1~tion and care in h.ospital, or the em ployer if- no dt;pende;d children, then such balance f~1rn1 sh~s a_d eq.ua te a nd proper medical q.tten- · shall._revert to _the- g,en.e ral fund and be credited t 1011. a.ncl hosp ital faciliti es t o his emplo3~es ; t o the employei_-!s_ halal)ce; provided, in any p rovided, however, th at· no bill or fee for medi - case, ,~her.e~·the suryiving. spouse shall recal attention or care in hosp ital shall be al- m~rry _Oli die, before aill of the award has been lowed or pai d w it!:i.out notice to the employer paid, tµe remaining_,balance- shall be paid . to and. a h.earing if reques ted by said employer. the s1p:viving dependent children in the followThe· state treasurer shall have the power to es- ing 111anner ; !n , ascertainiqg the amount to. tablish a schedule fix ing the fees for which all be · paid to each su1:v~ving child in the case of medical, surg ical, hospital or other legaliz.ed male- children, the age o~ such male child shall forms of treatment rendered to employes u11der be figu_red from the tjme of the death or rethis section shall be compensated. Each phy- I1ila~riage of su_c h survhdng spouse until such sician or surgeon attending a workman injured male child attains the age of sixteen (16) while engaged in extra-hazardous occupation ye~rs and in the case of female children, the shall file with the clerk of the court of the time shall, be figured from the time of the death county within which such injury occured a-nd • or re-marriage- of st~ch surviving spouse• until with the state treasurer, under rules to be pre- such female child attains the age of eighteen scr.ibed by the- state treasurer, a full and com- (1~) years, and the unpaid balance of such plete report fully describing the nature of the award shall ·be divided in each instance by the injuries to such workman-; prn~ ided, that such number of mon.ths between such periods of report shall not be required unless the dfo- time. In case of the death of any of such surabilty resulting from such i_n jury lasts through viving children, the portion of such award the day or the injury re.quires medical servi'ces made payable to such child by the terms hereother than the ordinary first aid treatment.. of shall be divided among the surviving chilJ\.ny physic_ian 0r surgeon failing t.o file any re- dren pro rata; provided, forth er, t4at if all of port as herein provided shall be J?Unished by the surviving children should die before the a fine of_not more than fifty dollars ($50.00) : unpaid balance of the award is entirely dis\.\There death results •_f rom a.n inj_ury: the ex- turbed, then the remaining undistributed ~ pense of burial shall be -paid ' not t0 exceed bon of such,. award shall revert to the general one h_undred and fifty dollars ($150:00} in any fund and be credited to the employer's balance; case, unless other arrangements exist between , pro:vi.clecl, forth.er, that if. it be shown that the surviving spouse wilfully deserted deceased employer and employe under agreement; (1) But if the workman leaves a widow or wi.t hout fault upon the part of the deceased, invalid widower, to whom he or she has been su.c h surviving spouse shall not be regarded as regularly married by a marriage duly solemn- a dependent in any degree, but in such case the ized by a legal ceremony, such survivii1g right of boys under sixteen (16) years of age spouse shall receive the sum of two thousand and girls under eighteen (18) years of age to dollars ($2,000.00), but in every such case the compensation shall not be defeated. If said said award shall be paid in monthly install- workman leaYes a surviving boy or boys under ments at the rate of forty-five dollars ($45.00) sixteen (16) years of age or girl or girls under 111 1 �124-120 WORKMEN'S COMPENSATION,' 2010 eighteen (18) years of . age the guar<l_ian of · to .have resulted from fiis '-injuries, t he w idow such child or children appointed as heremaft~r of said workman shall ·be entitled to a n award provided, shall receive for the ·use and benefit because of the death of the workm a n as h erein of said child or children, a lump sum of one prodded, but the amount· of the pay m ents rehundred and twenty· dollars ($120.00) per year ceived by· the , injured ,vorkman in ex cess of for each surviving boy under sixteen (16) years two thousand doll_ars ($2,000.00) prio r t o hi s of age until the time when each of said surviv- death shall · be deducted ' froin the amoun t of ing boys shall become sixteen (16) years of her award. (5) If the workman leaves no wid ow, or age, and a lump •sum of one hundred and twenty dollars ($120.00) per year for each sur- widower, , or boy under the age of s ixteen (16) of, eig hteen (18) Yiving girl under eighteen (18) years of age years, or girl under 'the until the time when each of said surviving girls years, but leaves a parent or parents survivshall become eighteen (18) years of age; pro- ing, such surviving parent or parents, if liv ing vided, that the aggregate lump sum paid to in the United States, shall receive a lu mp sum said guardian shall in no case ·exceed three of fifteen hundred -dollars ($1 ,500.00); prothousand, six hundred dollars ($3,600.00). In vided, a parent or pa-ren'ts, -who are depe ndents all cases where an order of compensation is and who are non~resident aliens, shall r eceive · made on account of boys under sixteen (16) a lump sum of one-third of fifte en hun dr ed dolyears of age, or girls under eighteen (18) lars ($1,500.00) . f L. '31 , c. 94, § 4, amending years of age, or both, or to persons incom- L. '29, c: 48, § 1; L. '29, c. 64, § 1; L. '27, C. 111 , petent, said fund shall be disbursed under a § 5; L.. '25, c. 124, § 4 ; L. '23, c. 60, §s 10, 11; proper guardianship to be created by the court L. '21, c. 138, §§ 5, 6, 7; C. S. '20, § 4334. or judge making such an order. Under sub-division b hereof, policy to all o\\' more (2) If the injured workman die during the for children of a disabled than for those of a deceased period of temporary total disability and after workman . held, a question for th e leg islature. In re receiving compensation therefor, as herein pro- Brennan, 29 vVyo. 116, 210 P. 939. Award for "permanent total disability" mad e o nly vided, and his death be shown to have re- in clear case. Standard Oil Co. of Indian a v. Sullivan, sulted from such irijuries, the widow and the 33 Wyo. 223, 237 P. 253. • guardian of the \\'Orkman's boys under (16) Evidence showing employe's loss of fing er s on both years of age and girls under eighteen (18) hands, held, to justify award for permanent total · disSakamoto v. Kemmerer Coal ·co., 36 \ \Tyo. ye?-rs of age shall be entitled to an award be- ability. 325, 255 P. 356. cause of the death of the workman as herein Sum paid for temporary total disability should bt; proYided, but the total amount of payments in deducted from total permanent disability award. Id. excess of t\\·o thousand, four hundred dollars . Employe he!~, entitled to payment of compensation ($2,400.00) received by the injured workman 111 manner provided by statute in effect at time of in- . during such disability and prior to his death jury. In re Hibler, 37 Wyo. 332, 261 P. 648 . . Generally speaking the legislature did not intend shall be proportionately deducted from the d?~ble comp~nsation to injured employes, under proamounts herein provided to be paid to the sur- ;1s1ons of tlus section. :Marsh v. Aljoe, 41 Wyo. 220, viving widow and the guardian of the work- -84 P. 260; annotated also under § 124-137. man's boys under sixteen (16) years of aoe . 124-121. Additional compensation for dis- · and girls under eighteen (18) years of age. " (3) If any workman die within one year fig_u_rement. In all cases of temporary total disfrom the date of receiving an award for perma- ability or permanent partial disability where · nent partial disability and his death be shown the ·w orkman shall suffer permanent disfigureto have resulted from the injuries for which the ment to the face or head of a nature so great award \\·as granted, the "·idow and the guard- as to _affect the workman's earning capacity in ian of the workman's boys under sixteen (16) se~um~g employment, the workman shall reyears of age, and girls under eighteen (18) C~IVe, 111 proportion to the extent of such . disyears of age shall be entitled to an award be- ftgure!nent, a lump sum in addition, not to excause of the death of the workman as herein ceed five hu!ldred dollars ($500.00). The court provided, but the amount of the payments re- shall take mto consideration in making ' the_ cei\·ed by the injured workman prior to his ~ward any former disfigurement to the face or ead of such workman. [ L. . '29, •c. 64, § 2. • death shall be proportionately deducted from the amounts herein provided to he paid to the 12~- 122• Compensation for hernia. A ·work- · sun·i,·ing widow and the guardian of the workman • • f or h .m order to b e en t"1t1ed to compensat10n man's boys under sixteen (16) years of age and ern1a must clearly prove: girls under eighteen (18) years of age. 1. TThat the hernia is of re~ent ori!rin • ( 4) If any wor_k man die within two years O 2 hat • ' from the date of receiving an a·w ard for per- pai • d .its appearance was accompa111ed by manent total disability and his death be shown of ~• an discoloration and evidence of tearing issues were present; • . . age 2011 WORKMEN'S G:0M-PENSATION-- 3. Th~t it w as · im111ediately preceded '.,by some ·acci dental strain suffered' in the course o f the employment ; , , . 4. ·T hat it did not exist prior to the ·date ·of, the all eged inj ury. ; "' If ~ workm an, after establi shing his ri o-ht to· com pensati on · for hernia as above pro~ride<l,: elects not to be opera ted upon, and the hernia be~ome strangulated in the future, th e r esults from uch strang ulat ion will not be compenated. [L. '29, c. 110, § 1. . -' . 124-128 the.1same -as· any . other: properties of minors. [L. r15,..c.. 124, § 22.; C.-.S. '20, § 4337. ; • -~ •I ' ' ;,, • ;:- .. • . • ., : +,?4-~?.6,; , ~.x.tr,a-hazard_ous ,public workC9I)tr~ct ·w.9_rk .. -,Whene;ver the state, county or a ny municipal -_!:orporation ~hall .engage in any cxtra-haz!1rdous work in which wor1..-rnen are en:i ploy~d f9r_,w ages,_this chapter shall be appl icable ,th~reto. ,The employer's payment_s into. ~h ~ jn~hts~i;-iai accident fu_nd shall be made fr om. th,e, treasu,ry; ; of the state,. county- or municipali,ty,. It saiµ. work is .being done by con124-123. Forfeiture by injured employe-- t rac~ the payroll .9£. the con tractor and the subPaymen~s w ithheld. If. any injured employe con tractor •SPq)l be .the qasis of computation hall pe rsist in un sanitary or injurious practice, and in tjie f.Ca?e. of contract work consuming which t e1ids to -imperil or retard his recovery, , less .t.han ipne, year _in .performance the required or if he sh all refuse to submit to such medical • )?ay nwp \ iptp .t)1e a,.cci:dent fund_shall be subject or surgical treatm ent, as is r easonably . essen- t o the. p1io;yi~ipns of . this chapter and the state ti al to prqmote his recovery, he shall ·forfeit for ..its; gem;ral fond, the county or municipal all •right to compensa ti on under this chapter ;. corpQrfition ,s]:iµ.U: b<'t. en.titled ·to collect from the and wher e an in jured employe is under care; COJ:1itrcJ..c;tor ; th<r: f4l_l amoun_t payable to the inand t reatment of a phys ician, he shall not be d ustrjal cJ.~i:,ic;l~~1t.) und-, and the contractor, in perm itted t o personally receive or ,use _a ny t;u_q)" ~h'1-H R!'! •,entiil~d t.o c,ollect from the subcompensation payments allowed him 1=1nder c011tra~~Q>r ,.4is: pi:oportionate amount of paythi s chapter, excep t upoi1 the order of such· ffl ~f!t ; .-! h,e,p.rpvisi,ons ,of this section shall apply phy sician, but such payments shall be with~ t_o '_ a)! .. e?Ctra-hcJ.za_rdous wqrk i done by con ~ract, helcf and delivered to such injured .workman except that in private work the contractor shall upon hi s recovery or di scharge by such phy -· be responsjble, _primarily and directly, to the· sician. · [L. ' 15, c . .124, § 20; C. S: '20, § 4335. •. industhal '. accic;I~'n t ;f onq for the proper perModifica.tion of instruction as to effect of 'irijuric.ius - ceqtage .of:,the -total payroll .of the work and practices retarding recovery of injured employe-, held'.' for the amounts due it, and the owner of the not improper. In re Hibler, 37 W yo. 332,261 P. 648.-'• pr_operty; <).ffected .by ·the contract shall -be· sm eEmployer had burden of proof that employe ,per~y .. for such I paym!'!nts. Whenever, and so sisted in · injurious practices retarding i;ecovery. . Id, . loµg_as \i.i]'d er tqe, state law, city charter or muTo " persist" in injurious practices retarding injured e111ploye' s ,recovery means to continue against opposi- nicipal ordinance, provision is made for mu· 1~ic~paj en~~.~oy~'s ipjured in the course .of em-. tion or ' remonstrance. Id. ' ploym c:;nt, SU\:11 employe shall not be entitled .. 124-124. Exemption from execution -·or ,at-. t9 th.~1 benefits of this chapter and shall not be tachment. No money paid or payable under included in th,e . payroll ·of the municipality this chapter out of .the industrial accident fund tinder this· chapter. • [L. 'l?, c. 124, § 23; C. S. shall, prior to issuarice and delive~y of tI-i~ war- '20, § 4338. • •• rant · therefor, be capable of bemg assigned, · Cited in-'Leslie v." City of Casper, 42 ·Wyo. 44, 288 P. charged nor ever be taken in execution _or gar-. 15, annotated under § 124-102. . • . . nisheed. • Any such. assignment, ·attachment, garnishment or charge shall be void. [L. 131 •• _-: fa4~12i. Safety devices. Nothing in this c. 73, § 61, :amending L. '15, c. 124,· § 21 :;- :C. S., cha.I?ter contained shall repeal any existing law pro,'. idjng for the installation or maintenance '20, § 4336. • • • •Cited in La ·Chappelfe v. 'CTnion Pacific · Coal _Co., of any_de.vice,,me<1;ns or method for the prevention of_accidents in extra-hazardous work or 29 VVro. 449, 214 P. 5~7. f~r a penalty or punishment for failure to in124-125. • Minor workman. . J\. min~f' work- stall . or maintain any _such protective device, ing at an age legally permitted u_n~ler_. the laws mea·ns ·or methoci. [L. '15, c. 124, § 24; C. S. of this state shall be deemed ,sµ1 Juns _foi;- the '20; ·§ 4339. purpose of this , chapter and no ~ther person ; 124-128, Unl<\wful to receive more than 5% shall have any cause -of <\Ctiop o: J."Jght tq com· pensation for injury to s~ch t"?mor_ workman, of compeni;ation for services rendered. It shall except as expressly provided m this chapter; be unlawful , for any person or any number of but in the event of a lump sum payment be- persons acting together .or separately or in any coming due under this chapter to such. minor way, including attorneys, agents, interpreters, workman, the management of same shall .be and all other persons, to rcceiYe or agree to rewithin the probate jurisdiction of the courts, ceive either directly or inJirectl); from any 1 •• �124-129 WORKMEN'S COiVIPENSATION beneficiary or beneficiaries under this chapter, for services rendered or to ·be rendered, either jointly or separately, in relation to procuring any benefit or benefits under this chapter, any sum or sums aggregati.ng more than five per centum of the whole amount received or to be received by such beneficiary or beneficiaries, ori account of injuries to any emplove, and in no event to exceed fifty dollars ($50.60). Every person violating or concerned in the violation of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not l'ess than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), to which may be added imprisonment in the county jail for a term not exceeding ninety days. It shall be the duty of the county and prosecuting attorney of the county in ·which any injury occurs to give all necessary legal advice to any injured workman, or his· dependents, who may seek advice in making and filing claims for compensation, and to prepare all statements of claim or ·other papers necessary or advisable to be filed by such \Yorkman or dependents, free of all charges and costs: [L. '21, c. 138, § 8, amending C. S. '20, § 4340. paid out on account bf injuries, or d eath resulting from injuries iii sudi employ ments · and any other information relating t o the ope;·ation or ad1uinistra_tiou ~f th.is chapt er th at may be of interest; and to make a full 1'eport th e1;eoJ, toget.her wth· such recommendati ons as he may deem proper for changes or am enqm ~nts herein, anc;I to publish a -full ,i;eport th ereof, t o the governor, 01:i or_b~(ore -~he 31 st day of Deeember in each ,y ear. lL. '15, c. 124, § 28·; L.. '17; C. 69, § 7; C. S. '20, § 4343._ . 124-132; Examinatlon_. by state treasµrer. The state treasurer may, at any t ime on twenty-four hours' notice· (unless · such notjce is waived· by the employer), either. in perso n or through -any authoi.-ized inspector,, agent or deputy, examiile -the books, accounts or pay rolts of any emplpyer at any tim e fo r t he purpose of seeui:ing any information de~ ired in t he administration of thi s chapter. [L. '27, c. 111, . § 6, amending _C. S. '20, § 4:J44. 124-13.3. Disabled workman examined by employer's physician-Recovery repor:ted to court. Any workman awarded compensatio n for temporary total disability under this chap~cr, as defined b); clause (c) of§ 124-120 shall, Citccl in Zancanelli v. Central Coal & Coke Co., 25 1£. therea.fter requested by his employer, submit \Vyo. 511, 173 P. 981,· annotated uncler § 124-113. Cited as to attorney's fees in In re Hibler, 37 Wyo. !~1111.self for medical examination by a. phys ician 332, 261 P. 648. licensed to practice medicine ~n this state, at a 124-129. Physicians required to testify. Any place designated by the employer and which physician having attended an employe in a pro- shall be reasonably convenient for the workfessional capacity may be required to testify man , and said workman may have a licensed before any court or judge when so directed, in physician present of his ow11 selection. The cases coming within the provisions of this purpose of such examination shall be to deterchapter, and the law of privileged communica- mine whether the workman has recovered so tion between physician and patient, as fixed by that his earning power at any kind of work is statute shall not apply in such cases. [L. '15, restored. If it be agreed that the workman has r<;covered so ~hat his earning power at any c. 124, §· 26; C. S. '20, § 4341. kmd of work 1s restored, the fact shall be re124-130. False statement by employe. Any port~d by the employer and said physician to employe or \Yorkman who shall make or cause the Judge of the district court who made the to be made on his behalf any misrepresentation award in the first instance, or if there be a disor false st<1;tement for ~he purpose of receiving p~ite as to the recovery · of the workman and compensatlon under this chapter to which he is ~is r<;stoi:ation to earning power, it shall be. not lawfully entitled shall be guilty of a mis- ltkew1se re_port_ed to said judge, by filing a demeanor, and shall on conYiction, be fined not st atement m either case in the office of -the ~ore_than three ·hundred dollars ($300.00), or clerk of the district court of the ~aunty ·where imprisoned for not more than ninety (90) award ":as ma?e, and the IT).atter shall be days. [ L. '15, c. 124, § 27; C. S. '20, § 4342. d posed of 111 such manner as said jt1dge ·may _eedm proper under- the facts . · If said judge 124-131. Annual report by state treasurer · f 111 • h as •recovered and has It shall be the duty of the state treasurer t~ 6 that said wor1cman secu:e and ~ompile statistical information con- c:: ;e st0:e<l to his e·a rnirtg · power and that • • P nsab~n should be- discontinued his decernmg accidents occurring in the extra-hazc1s1on and Judgm t 111 • th • • ' ardous employments defined by this chapter cerffi en e premises shall be 11 d th showii?g tl~e number of ~ccidents or fatalitie~ and ~ e stat~ auditor_and state treasurer _ occurrmg _m . each of said employments, the fi s a _e aut~onty and direction to said ofto d1scont ~mount pa1~ 111 by each_ employer coming with- Ifcers th k • mue compensation payments. e • 111 the prov1sons of this chapter; the amount to suchwor man . ' in . sue h case, -refuse to submit exammation or obstructs the same, bis ~1: i{l '2013 WGRKM E N'S CG>IvIPENSA~'ION 124-137 ri ght to m onthly paym ents shall be suspend ed of sha:ll be in' accordance with the 'justice of the until s tfch exam ination has taken place, and no •matter, d~1e ·regard befog .h ad .to obligations of compensa tion shall ,bc payable during or '.for ac- :cornpensation ,incurred and existing. IL. '21, co unt of s uc h period of refusaf. • [L. ' 15, c. 124, ·c. :76, § 1, a:mendi_n:g ·C., S. "!20, ,§ 4347. i § 30; C. S. ~20; § 43:45. . • •. ·, • • •a.24-=136. Ac;tions against ••employer inde'1 24-134. Emplo.yes' stateinet_1ts of depend- pendent rof •ch_a pter. Nothing in this chapter ent p ersons . • A ll employ es or workmen coniin g .shall ,be ;cpnst11ued ~to limit or ,affect ,any right " ·ithin 't he prov isions of this chaptei:' ·shall · be or action by an employe .against an em_p loyer requi red, upon entering service in any of t he for i1!juries received while in .the employ of extra-hazarclqu employments herein defined, sud 1.employer when such employer at the time to make an'd "ign a wr it ten st atement setti ng of ·such <injur.ies :is not contributing to the inforth t he riames of_t he persons dependent u pon 'qustrtal ac'cidei:it fort.cl as pro,vi<led in this chapthem fo r support or ·constih1fing membei;s 01 _ter .. '[L' '23., c. 6q, § 13. t heir dependent fami lies, in each case g iv ing the names and ages ot their boys und er th e age • 124-1.37., Re-openin_g .of cases. The state of sixteen (16) years and gi 1;ls un der 1the age :o'f treasurer: sha!H1ave the sright to cause any case ejg'h teen (t8). yea rs. '[,L. '23, c. 00, § 12, am end- -t o 6e' i:e-o'pet1.ed •in which an order of ·award •has 1)een mac'!e, ;pr.6:vid~d .he sha11 cause a petition ing C. S. '20, § 4346. : for the ·:re-opening of 11:he case ,to be filed with 124-135. Assignment of rights and benefits. t he court •{.,h'ich ·gr'an:ted the awa;rd, within All ·pay !nents :made into ,t he industrial :a;coident :thirty;_ days .after the elate .on· which the order fun d by any and ever y employer under , the 1of aw·a rd. was received ·in the state treasurer's prov,isions of t hi s chapt er shall be taken as office. Such ·.petition: ·mtist . show probable paid and recei.vecl in .con sideration of ,the ,incl ~mnity .to such ·e mpl oyer by reason of . his .cause tbat .error ~ras .made. in the amount of the contribu ting to the industrial accidenrt: .fund, award, or .th:e i~ha~acter of ,the award, .or the .and -in •consideration of the payments .~ade by gr.oi,nds on whi\:,l} .~h~ a.ward was made, and the state -t o .such fm~d; provided, that ,yhen maf s_pec'iJy ~s a \ eason•.for're:opening .the ca.se any emplo.yer . engaged in an 1extra~hazardo1;1s exi.s tii1g e;vjderice.'not ,gi:v.eri ii1 the original- hearoccupation .as defined in this .cha-pte_r,--has_.here- ·-ing, sho"Jjrig .the .general nat_u re iu1d effect ·of ;tofore sold and conv:ey.ecl; or shall l).e1:eafter sell .SH ch. e:v.iclence. On .the .lilin.g of .su~h a ·petition ,and c01nr.erhis .or ,its -prqperty ,t o 1a pur,c_h aser rand .on the court finding _that ,pr,obable cause is who continues to coi1duct .and --carry- on said •sltown thereby, .,the 00t1rt ·shall i;ta,y the award, 0 husines~_-at- the same place, the seller shall: be and tqron 1:1easomi.ble notice :to· a:ll parties reentitled tortransfer and .assign to .the purchaser :b·pen ·the··ca·se-ai1tl ·set the :same .for hearing de all rights, . benefits, pi:ivileges. and immuniti~s ·novo. • The ·state tr-easi.1rer may take such part ,accruing to · such -em;ployer py rvfrtue of .any •in the ·n e,v hea:ring as· he~may deem advisable sum then ·o_n ,deposit to his or its .c redit jn :t!ie and shall _h ave·:ev~ry 1right ancl privilege of a fo<iustr,i~l ·accident fund in- ~he .state 1weasui;y ,party ·to 'the ·cause. He shall 'have· the right of under the ;provisions of ,t his chapte,i; ,; .and :ttJlO~ filing. suc}:l :assignment wjth th.estate tre_asur.er;, appeal fo the· supreme court from any order in the 1)Urchaser &hall. succeed , to .all sai_d ;rights, such neV\, hearing, either granting an award or ·benefit!,, privileges and immunities ·of said em- ref.~si~g to gr-ant an -award. He shall also iiave ployei:.: Said. pur:c,h~sei: ~hall be 1sqqj.e ct ,to ,ob- }· ,right Q.f appeal from an ord~r refu~ir:Jg to ligations of co~npens.afron ~gainst ,th',! seller i1.1.,- re-open a case. curred and existing at the date of such assignIn _a ddition, and without the n·ecessity of prement; . ·provided; that n'o .part" :oI. any'·tn'o neys· sent:.i ng any -p·etition for 1:he re-opening ·of a so .paid in ·by .any. empfoy.e i .shroll 'ev:er- ;be re- case to the trial court; the state treasurer sball fonded . to him •either during -fhe time w.hen, h:e have 'the right to appeal ' to the stipreme court tontinu·es-in b~siness as such employer., ota'.fter from .any order or judgment in .any district he ceases such business; · proviaecl, that ·.every co_urt of the state awarding compensation or employer, operating -~nder ~he: ,provi~iorrs ~ declining to -award compensation, although he this chapter•shall. pay mto said mdustnal ,acci- was not a party to the proceedings in such disdent fund the smn of at least five :th0usand d0lla-rs ($'5,000.00)'; and provided, further, if i:~is trict eour.t. Upon :the perfecting of any appeal chapter shall be hereafter rep~~led O:· hel~ :1.n- --i nstituted by the· state treasurer the court alYallid, the moneys which ar~ m _, the 111:clustr:ial lowing tihe appeal shall issue an order staying fund at the time shall be d1stnbuted. as may the execution· of -the order or judgment apbe provided by the legislature, and in ·default pealed irom without requiring any bond. The of ·such legislative pro\'ision, distribution there- a'ttorney genera:!, or his deputy or assist.lnt. I ,• •J - • I , : �12➔-138 WOR K?lfEN.'S CO MPENSA TrON 2014 shall act as :the attorney of the state treasurer of' the injured workman, shall forfeit any· rein all cas.es. All costs of new hearings granted nnineration .o r award from the industrial acciupon the petition of the state treasurer, and all dent fund for. any services,· care or attention costs of appeals c.onducted by the state treas- reJ1dered to such : injured y/orkman or any faurer, shall be paid by the industrial accident cilities furnished to him ..-. [L. '25, c. 124, § 8 . . fund, except such costs as the· court in its dis_,... 124-140. Awards . .. ,Every a,vard within .the cretion shall _assess against any of the other parties to the cause. [L. '27, c. 111 , § 7, amend- me~!}ing .of:this chapter is.a judicial d eterminat.i on of _tqe rights o~ ,the employer, the ernp loye ing L,. '25, c. 12{ .§ 5._ • an_d ,the .in_dusti-ial .acci.dent fund as . to all matvVhere the duty ~f the 'a ttorney general to represent ters involved. • No aw<!,rd of compensat iqn or compensation claimant in supreme court, as part of his official duties; conflicts with his duties to act as at- allo}vance of ~ny expens_e or ..claim c;hargeab le tornev for state treasurer in all cases, the duty first against the ac·c ount of any employer contributmentioned must yield to right of state treasurer to ·ing to. th~: industrial accident fund sh a11 be such services. Marsh v. Aljoe, 41 \'II/yo. 119, 282 P. made , without notice to such employer and 1055. 1n action under workmen's compensation law, in hearing, unless such employer shall consen t , . which compensation was awarded, application of state ,thei:eto. [L. '25, c. 124, § 9 .. _, treasurer to reopen case on . ground , among others, of prior disability, should not be determined on ex parte affidavits, when based oi1 new evidence, since legislature contemplated that treasurer shoul)-J be given advantage of regular trial. Marsh v. Aljoe, 41 \Vyo. 220, 284 P. 260. _ This section authorizing state treasurer· to have case reopened must be construed in light of ·situation which was sought to be remedied .hereby. Id. On state treasurer's application, based on new evidence, to reopen case, court must reopen case, if the new evidence will have a material bearing. Id. 124-138. Bills to be itemized-Time of filing. All bills for medical attendance, expenses or disbursements, and for hospital services, shall be properly dated, itemized and verified bv the claimant, or the sanie shall be disall~wed by ·the court, and every doctor who shall attend an injured workman shall within ten (10) days after the first of the month succeeding that in· which he rendered services to the injured workman file with the clerk of the district court of the proper county, his itemized and verified hill for all services rendered by him and expense incurred in behalf of the injured workman during the previous month, and shall send a copy thereof to the state treasurer; and all claims for medical attendance or medical services not so filed within the time specified shall be disallowed by the court. [L. '25, C. 124, § 7. · An award of compensation to aw injured cm ploye is a final judgment, unless expressly r eser ving- jurisdiction to reopen case. lvf idwest Refinin g Co. \', Geqrge, 41 _Wyo. 55, 281 P . 1005. i24-14i. Deferred payment account. , ,V he1i e,>er an order of award shall specify t ha t t he award is to b_e paid in monthly paym ents, the state treasurer shall charge the amount t hereof against the account of the employer of the injured workman and shall transfer the am ount of said award from the general fund into a deferred payment account, which account shall thereafter be alone liable for the payment of ,the award. ~nterest earned by the deferred payment ac'count shall be paid into the o-eneral fµnd, _as well as all amounts repaid or r:turned to. said general _fund under the provisions o,f thts chapter, or by reason of modification of orders ·of a,yard. ,Vhepever a modification of an o.r der of _award -increases the· amount of the a{y~rd, the additional amo1,mt ·shall be charged agamst the employei;-'s account and transferred from the ~eneral fun~ into th~ deferied payment account, and 1vhenever a modification of an order of award _decreases the amount of the award, the amount of sucii decrease shall be transferred from the deferred payment accou_n t to the general fund and_credited to the account of the emp_loyer. L. '27, c: ~11, § R • • ; 1 124-139. Notification by doctor. Every 124-14~. • Bribery. Whoever corruptly gives, doctor who accepts the case of an injured or promises to ~ive pay, or imburse, or whoworkman, and every hospital which accepts the case of an injured workman, shall within ten . ev~r .offers to gtv~, pay or iinburse any court (10) days after accepting such case file a writ- officer•or employe, or any person employed or ten notice thereof with the clerk of the district :conc_er_ned under the laws .of this state in the court, and shall send a copy of such notice adm1111~tration of this chapter, either before or within said ten (10) days to the state treasurer after ·h1s election·, appointment or employment, and another copy within said p_eriod to the em- ty x_noney or: valuable thing or corruptly ofployer of the injured workman. Any doctor or er~ or _pro~ises to do any act'.beneficial to any to ~nfluence his action or ,to secure his hospital failing or refusing to file the notice _per~on st within the time designated with the clerk of the as~ hce Iti the admihistration of this chapter, court, or to send copies thereof within said ~~ . w o~~er, being a ' court officer or employe P_erson employed under the laws of this period to the sta~e treasurer and the employer st a e· tn .the administration of -, .thts , chapter, f 2015 W ORKMEN' S COMPENSATION ci ther before or after hi s election, qualification, appo int ment or employ ment, solicits or receives any such money or valuable thing to influ ence him or to secure hi s ass istance w ith res pect to his offi cial duty in any matter relat- 124-142 ing to the ad1!1inistration of this chapter, shall be deemed gmlty of felony and upon conviction thereof be imprisoned in the penitentiary not more than fourteen (14) years. [L. '25, c. 97, § 1. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource State of Wyoming Workmen's Compensation Laws Rights Information about rights held in and over the resource CC BY-NC-ND Subject The topic of the resource Laws for the Workmen's Compensation in the state of Wyoming, 1997 Description An account of the resource A 10.25" x 7.75" beige booklet with black text and handwriting on the upper left side of cover with minor creasing. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource The Union Pacific Coal Co. Identifier An unambiguous reference to the resource within a given context 1-0171 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. Contributor An entity responsible for making contributions to the resource G. B. Pryde Date Created Date of creation of the resource. 1997 https://haylibrary.cvlcollections.org/files/original/4db007dc734fe8de68d4a8729438e45e.pdf 2ec8cb73a89c1ddc2a703442bac051db PDF Text Text I ,. I Intr oduced by Mel::l::1rs. Nels A. Pearson and Edward T. Lazear S. F. No. 85 FOR AN ACT to amend and r e-enact Sections 124-106-7, 124-113, 124-117, 124-120 and 124140, Wy oming Revised Statutes, -1931, relating to compensation fo r injuries or d eath resulting from injuries of work men in accidents occurring in extra-hazar dous employments, and providing for judicia l investigation of such injuries, and· th e making of compensat ion awar ds to workmen injur ed in extra-h azard ous occupations and their dep endent fa milies, and r equiring non-resident employers in extra-hazardous occupations to give security for fa it hful compliance with the compensation law, and . making the failure so to do a misdemeanor, and prescribing its penalty. I1'eb. 2, 1933, Introduced, Read first time, Referred to Committee No. 17, Delivered to Printing Committee. Be It Enacted by the Legislature of the State of Wyoming: Section 1. That Section 124-106-7, Wyoming Revised Statutes, 1931, be amend ed and re-enacted to read as follows: Section 124-106-7. (a) In this chapter unless the context otherwise requires: "Factories" mean any premises wherein power is used in manufacturing, mak- 4 ing, altering, adapting, ornamenting, finishing, repairing, or rcvonating, ah y article 5 ______ ,,,, S. F. No. 85-Page 1 �\ • gain·' o1: th~ btisi.ness cari•ied on therei1{, inchHliilg 'exprcssly 1 for the purpose of trade Or 2 any brick yard, meat packing house, f 3 4 oundry, smelter, ore reduction works, lime-burn- ing plant, stucco plant, steam heating plant, electric lighting or powei· plant, iuclucling all works in or directly connected with th e construction, inst allation, operation, altera(, 5 ,,----- ' tion, removal or repair of wires, cables, switchboards or apparatus used fo r t~e trabsJ, 6 mission of electric cunent, and water · pow er plant, including tower and standpipes, 7 power plant, blast furnaces, paper mill, pri11ting plant, flour mill, glass factory, cement 8 plant, artificial gas plant, machine or repair shop, oil plant, oil refinery plant and 9 chemical manufacturing plant ; 10 (b) "Work shop" means any yard, plant, premises, room 01· place where power 11 driven machinery 1s employed and manual labor is exercised by way of trade or gain, 12 or otherwise incidental to the process of makiug, altering, repairiug, printing or orna- 13 menting, finishing or adapting for sale or otherwise any article or part of article, over 14 which premises, room or place the employer of the person working therein has the 15 right of access or . coutrol; 16 (c) "Mill'' means any plant, premises, room or place where machinery is used, 17 any process of machinery, changing, altering or repairing any article or commodity for 18 sale or otherwise together with the yards and premises which are a part of the plant 19 including elevators, warehouses and bunkers, saw mill, sash factory or other work in 2O the lumber industry; 21 ( d) ''Mine'' means any opening in the earth for the pmpose of extracting iron, 22 oil, coal, or other minerals and all underground workings, slopes, dri.fts, shafts, gal- 23 leries, wells and tunnels, and other ways, c·uts and openings connected therewith, in- 24 eluding those in the course of being opened, sunk or driven, and includes all 1.he appurte- 25 nant structures or machinery at or about the openings of the mine, antl any tLcljoining S. F. No. 85-Page 2 �.I / / / 1 2 adjacent work 'p lace wh er e the material froin a mine is pr epared for use or shipme1il:; (e) "Quarry" means any place, n ot a mine, wh ere stone, slate, clay, sand , gra;el 3 or other solid material is dug or other wise r emoved from th e earth fo r th e pur pose of 4 trade or bargain or of t he employer 's tl'a de or busin ess ; 5 6 7 (f) "Building work " means any wor k in t he erec tio n, constr uction, extension, dee- oration, altera tion, r epafr or demolition of :my building or stru ctural app urtenances; (g ) "Engineerin g work " means :rny ,rn rk in the constru ctio11, altera tion, exten- 8 sion, repair or demoliti on of a railwa y (as her einb efore defined) bridge-, jetty, dike, 9 clam, reservoir, underground conduit, sewer, oil or gas well, oil tank, gas tank, water 10 tank or t ower , or any caisson work in artificially co mpressed air, any work in clr edg- 11 ing, work on log or lumber r afts or boom s ; pile driving, moving buildings, mov in g 12 safes, or i11 la yi11 g, r epa ir in g or r emoving u nder ground pipes aud conn ec tion s ; the er ec- 13 tion, installing, repairin g, or r emovin g of b oilers, fur naces, engin es and power machin- 14 ery (including belting and other connection s); an d any work in gradin g or excavating 15 where shoring is n ecessary or power ma chinery or lasin g /powder, dynamite or other ,-1' 16 17 high explosive 1s in use ( excluding mining and quarry ing) ; (g-1) "Dude ranching" for the purpose of this chapter is defined and means a 18 ranch conducted primarily for the accommodation ancl entertainment of guests for monc- 19 tary consideration; 20 (h) "Employer" includes any municipality, county, person, or body of persons, 21 corporate or incorporate, and the legal representatives of a dec eased employer or the 22 l'ecciver or a trustee of a person, corporation, association or partnership. 23 (i) ''Workman'' means any person who has entered into the employment ·of or 24 works under contract of scryice or apprenticeship with an employer, except a person 25 whose employment is purely casual and not for the prn·p or-;e of t he employer's trade Ol~ S. F. No. 85-Page 3 ,{ , I �1 · l • l •k and not subject to the hazards of the busibusiness, or those engage d m c er1ca wor , 2 • au off1·c1·a1 pos1·tion. The term " workman " shall include "emness, or one ho ld mg 3 ploye'' and the term '' employe " sh a11 1·nclucle " workman " and each shall inclu de the singular and plural of both seX'es. Any refer ence to a workman wh o ha: been i11 jurecl 4 (\ 5 shall where the workman is dead, .include a r efer ence t o hi " dependen t family " as 6 hereinafter defined, or to his legal r epresentat iw , or wher e t he workm an i. a mi nor or 7 incomp.etent, to his guardian or next friend. (j) 8 "Dependent families" as used in this chapter means such members of the work- 9 man's family as were wholly or in part actually dependent upon the workman for sup- 1O port at the time of the injury; if it be shown that the ••• 11 0 12 spouse will not be regarded as a dependent in any degree. No ~, 13 entitled to the benefits of this chapter 01· infl1tence any award made he1·ennder unless he 14 or she shall have been married to the l5 a legal ceremony, at the time of the injury. 16 0 0 (k) ,:i () spouse wilfully deserted the worhna.n without fault on the part of ,::, '~ ,:, the workrnan, such O O O 0 " <) spouse shall be workman by a marriage d1tly solemnized by "Child or children" means the immediate offspring or legally adopted child or 17 childt·en of the injured workman, boys under sixteen years of age and girls under eighteen 18 years of age ( and over said age, if physically or mentally incapacitated from earning) and 19 shall also foclude legitimate clrildren of th6~o,kman born afte, hls death or Wjury. 20 In other cases, questions of family dependency in whole or in part shall be determined in 21 accordance with ~ c t , as the case may be, at the time of the injury; the foregoing defi- 22 nition of b 23 residing beyond the jurisdiction of the United States of America, except a surviving widow, 24 or boys under sixteen (16) years of age or girls under eighteen (18) years of age, or parent 25 or parents, and as to such non-resident aliens the rate of compensation shall not exceed J.anillies" shall not include any of the persons named, who a,e aliens S. F. No. 85-Page 4 �·"' p(1) ~ ~ ::> s 1 C' 0 ~1 ' / 1 thirty-three and one-third per cent (33½%) of the rates of compensation herein provid- 2 ed. 3 4 5 Section 2. That Section 124-113, Wyoming Revised Statutes, 1931, be amended and re-enacted to read as follows : Section 124-113. Whenever an injury or death r esulting fr om injury is r eported to 6 the clerk of the district court of the county wherein such injury occurred, in accordance 7 with the preceding section, it shall be the duty of said clerk to at once notify the judge 8 of said court, t hat such injury report has been filed in his office. It shall ther eupon be the 9 duty of said judge to investigate the nature of said injury and claim for compensation at 10 the earliest possible date, in such a manner as he may deem necessary to ascertain whether 11 the claim for compensation or the amount t her eof, is disputed by the employer, and if t her e 12 be no dispute, _as to the right of t he injured workman to r eceive compensation, or as to the 13 amount thereof, and the claim appear to be free from collusion, said judge shall ther eupon 14 make an order directing payment for such compensation from the stat e industrial accident 15 fund in accordance with the facts by him ascertained and the terms of this chapter . If the 16 judge finds it necessary t~ ref et· the matter to a c011.r t or other commissioner for investigar 17 tion, he shall make an order in the case to that end, and 1tpon the approval of the ref- 18 et·ee's report by the co1irt a fee may be allowed to the referee not to exceed in any one 19 case the s1trn of three dollars ($3.00) to be taxed and paid as costs. W here a reference is 2o made, and the evidence has been taken, and repm·ted to the court, 1tpon the consent of the 21 parties, the court may consider the same and ren_det· judgment in vacation in any county 2.2 of the state, allowing the parties to malce oral arg11.m ent, or file written briefs, si,bject to 23 such rules of the court as in other civil cases. If there be a dispute, as to the right of said 24 injured employe or his dependent family to receive compensation, or as to the amount there- 25 of, then it shall be the duty of said judge to set the case down for a hearing at the earliest S. F. No. 85-Page 5 �• t b • d by the clerk of said court possible date and to direct notice of such hearmg o e issue 1 for service upon the employer and the employe at least seven (7) days before t he date fi xed 2 for said hearing, which said notice shall be served by the sheriff of sai d county wit hout ex- 3 4 pense to either party, except that his actual traveling expenses shall be allowed and taxed, 5 as costs. The hearing shall be conducted upon the stat ement and r ep ort filed by the em- 6 player, and such formal claims as may be presented and filed with the clerk of the district 7 court by or. on behalf of the injured workman. If the employer , in his r eport of the injury, 8 alleges that the injury was due solely to the culpable negligence of the injmed employe, or 9 that the claim for compensation is one not coming within the provisions of t his chapter, 10 then a jury may be demanded by either par ty and tb e cause shall be t ried, as a court pro- 1l ceeding. If a jury is demanded, it may be selected from names drawn from the five mile 12 limit jury box, as in civil cases, at any t ime in term time or vacation unless a r egular jury ]:J panel be in attendance at the court on the date any such hearing may occur. The taking of u evidence shall be a summa,•y, giving a full op~ 15 fully. The official court r eporter of the district court_shall attend the hearing and make 16 a stenographic report of the evidence without cost to either party. The court or judge shall 17 direct the county and prosecuting attorney, or other competent attorney appointed by tlie 18 court to conduct the examination of witnesses on behalf of the injured workman, and it 19 shall be the duty of said attorney to appear and perform such service without expense to 20 either party. The employer may appear in person or by counsel and introduce evidence at 21 the same hearing. No costs shall be taxed by the clerk except fees for witnesses, who may 22 be subpoenaed and who shall be allowed the same fees, for attendance and mileage, as is 23 fixed by law in civil actions, and jury costs shall also be taxed to and p aid from the acci- 2-l dent fund, if the verdict and judgment be in favor of the employer; but if against the 25 employer then he shall pay the costs. The injured woi-lcman, 01· his dcpc·ndcnts, may have S. F. No. 85-Pagc 6 to all pa>iies to develop the faets �r ) l., l two witnesses, as of course at the expense of the f nnd; said in j1tred workman, or his de- 2 pendents, shall also be entitled to two mm·e witnesses, in addition to the above, to be al- .3 lowed by the conrt or the j1tdge t hereof, on making and fi ling with the clerk of the court an .4 affidavit setting forth the necess ity theref or. And the 1·nj1wed workman, or Ms dependents, 5 shall be entitled to m ore w itnesses, at the expense of the f -nnd, to be allowed by the coiwt or 6 the judge thereof, when there is filed with the clerk of the com·t, acldressed to the eo11rt, an 7 affidav it staNng what other witnesses are requfred, togethe1· with t he facts expected t_o be -8 proved by t hem, an d shou.lcl the cottrt deem the expected evidence material, then the court g shall make an orde1· authorizing the isszdng of such s1tb poenas f or witnesses as the co11rt 10 may clcem necessary. Tlu's p1·ov ision shall apply as well in the ta king of clepositions as l l in trials to the court . At t he conclusion of the hearing, the court shall enter an ord er pur- 12 suant to the verdict of the jury, if a jury be called, and if no jury be called, the court or 13 judge shall r ender a decision upon the facts and law of the case pursuant to the provisions 14 of this chapter, and make an or der allowing or disallowing compensation, as the law and the 15 evidence may warrant. In any p roceeding before a court or judge, as aforesaid, the court 16 or judge shall have authority to appoint a duly qualified impartial physician to examine the 17 injured employe and give testimony. The fee for such service shall be five doll~rs ($5.00) ,. 18 unless otherwise ordered by the court, with mileage allowance, as is allowed to other wit- 19 nesses, which shall be taxed as costs, and paid as other witness fees are p aid. The employer 2O or employe may, at his own expense, also appoint a qualified physician, who may attend 21 and be present at any such examination of an injured employe and give testimony at such 22 hearing or investigation. 23 24 25 Section 3. That Section 124-117, Wyoming Revised Statutes, 1!)31, be amended and re-enacted to read as follows : Section 124-117. Every employer engaged in any of the occupations herein de- S. F. No. 85-Page 7 �1 fined as extra-liazar d ous, l·s hei·eby reqm'r• ed to I)av " into the state t r easury for the- 2 benefit of the industrial accident fund a sum of money equal to on e and one-half 3 per cent (l½o/o) of the money earn ed by each of his employes engaged in such extra- 4 hazardous employment c1Ul'ing each calendar mon th of SL1Ch employment. Such payment 5 shall be so made on or before the 15th day of the mon th following th e month for which 6 such payments are computed and paid. Ea ch employer shall continue to make monthly 7 contributions as above provided unless his account, after making the herein after spe- 8 cified deductions therefrom, shall equal full two peT cent (2o/o) of his anuual payroll 9 computed by multiplying his current month's payroll of workm en engaged rn extrahazardous employment by twelve and shall like"·ise be 11ot less than three thousand 11 dollars ($3,000.00) provided, however, that any employer whose aceount is overdrnwn 12 shall be required to pay monthly a sum of money (including· t he paym ents as above 13 speciiied) eqnal to four per cent. ('! %) of the money earned by each of his employes 14 engag·ed in such extra-hazardous employment during each. calendar month of such em- 15 ploym<.'nt until such O\'erdraft shall be paid. Such employer shall not be compelled to 16 contribute when his contributions in the ftiud, after making deductions as afo resaid, 17 shall equal two per cent. (2%) of his annual payroll, and shall likewise be not less t han 18 three tlwusand dollars ($3,000.00). 19 ln addition to the other payments required by this sect_ion to be paid into the in- 20 dustrial accident fund, every employer engaged in any of the occupations h<.'1·cin de- 21 fined as extra-hazardous shall make a payment to he known as a '' service and policing 22 charge.'' 23 state treasury for the benefit of the industrial accident fund a11d shall not be credited 2 ,~ to the balance of the employer coui.ributiug. The amount of balance in the ill(1ns1rial 2G accident fund to the employer's credit shall not relie\'e him of his duly uncl liability Such service and policing charge shall be paid by tlw employer iuto the S. F. No. 85-Page 8 �H, 0 t-l 1 t o pay the service and policing charge; provided, however, that no employer who pays 2 for any calendar month four per cent. of the moneys earned by each of his employes 3 engaged in such extra-hazardous employment during such calendar month shall be com- 4 pelled t o pay a service and policing charge for such month. 5 The serv1ce and policing charge shall be computed on the monthly premium paid 6 by the individual employer into the state treasury for the benefit of the industrial acci- 7 dent fund during each calendar month, or on the premium which the employer would 8 have been required to pay had not the am ount of the employer's balance r elieved him 9 from the payment of a premium. 10 11 The amount of the service and policing charge shall be determined according to the following schedule: 12 Service and Policing 13 charge for month 14 Where the monthly payment 15 is less than 1.10 10.00 16 10.01 to 20.00 $ 2.20 17 20.01 to 30.00 3.30 18 30.01 to 40.00 4.40 40.01 to 50.00 5.50 20 50.01 to 60.00 6.60 21 60.01 to 70.00 7.70 22 70.01 to 80.00 8.80 23 80.01 to 90.00 9.00 90.01 to 100.00 9.50 100.01 to 150.00 13.50 19 24 25 S. F . No. 85-Page 9 �I 150.01 to 200.00 18.00 200.01 to 300.00 24.00 300.01 to 400.00 30.00 400.01 to 500.00 35.00 500.01 to 750.00 48.75 6 750.01 to 1,000.00 60.00 7 1,000.01 to 1,500.00 82.50 8 1,500.01 to 2,000.00 100.00 9 2,000.01 to 3,000.00 120.00 10 3,000.01 to 4,000.00 140.00 11 4,000.01 to 5,000.00 150.00 5,000.00 175.00 1 2 3 4 5 12 Over 13 Provided, however, in that the expense of the administration of this chapter and of mak- 14 ing the collections herein fixed, is greater as to non-resident employei·s engaged in extra- 15 hazardous occupations, than such expense obtains to such employers bona :fide domiciled 16 within the state of Wyoming, the service and policing charge, upon the monthly premium 17 paid by non-resident employers engaged in extra-hazardous occupations, shall be double the 18 foregoing schedule, as the same applies to resident employers engaged in extra-hazardous 19 occupations. 20 "Non-resident" employers of extra-hazardous occupations shali give bond or othe1· 21 security 1·n the smn of five hnndred dollars {$500.00), to be approved by the state treasurer 22 or his depittics, before starting the worlc. The contract of saicl boncl 01· other security shall 23 be conditioned that the said e1nploye1· will faithficlly pc1·fonn all the dntics hnposecl by this 24 act 1tpon employers engaged in extra-hazardous ocwpations ancl promptly pay into the 25 state treasury, at the tirne and in the manner set forth in section 12-1-11 7 of the Rcvisccl Stat- S. F. No. 85-Page 10 1 �1 ntes of Wyorning, 1931, and all acts aniendatory or in aicl the1·eof, the sums of money re- 2 q1iired to be paid by employers in extra-hazardous occ1.tpat-ions. And to this end, "non-resi- 3 dent" employers engaged in extra-hazardo11.s occupations are hereby req1tired, befo re start- 4 ing work, and f rom time to time after such work has been stm·ted, to report to the state treas- 5 ii1·er the nafare and progress of s1tch work, the location of the same and the nmnber of em- 6 ployes engaged in and 1ipon the work ancl lik ely to be so engaged fo r the n ext thirty (30) 7 days giv ing S1lCh fnrther and detailed -information as the state t reasnrer may reasonably s demand. The willf1il fail1 1re or n egligen ce on the part of any "non-res ident" employe·r 9 of extra--hazardons ocrnpations to give said security, to m alce the repm·ts, and/ or to f'imiish 10 the informat·ion ·required by this section, shall be a misdemeanor, ancl 11pon conv iction, siwh 11 emplo y er shall be p11n1·s}ied by a fi.ne of not less than five h1111drecl dollars ($50 0.00 ) or more 12 than five thousand dollars ($5,000.00), recoverable with costs m any coiwt of competent 13 j1irisdicNon. Provided, however, that "non-resident" employers of -extra-hazardous occ11,- 14 pations shall not be required to give boncl or other sec1wity f or any payment or pay ments 15 req1iired of them for t he "service and policfog charge" reqiiirecl by this section. A nd the 16 requfrem ents of this section that " n on-1·esident" em.ployer·s of extra-lw.za1·do11s occitpations 17 shall g·i'.v e bond or other sectlrity, shall not apply to " service and policing charges" herein 18 prov icled. 19 The term "non-resident " employers of extra-hazardous occupations, in this connection, 20 shall be construed as an employer of labor engag ed in extra-hazar dous occupations, who 21 for the previous twelve months has not been a continuous contribut or to the compensation 22 fund as in this chapter provided, and who has not been bona. :fide domiciled in, or a resident 23 of the State of Wyoming continuously for the preceding twelve months next prior to en- 24 gaging in the business of an "employer of labor in extra-hazardous occupation". When 25 any such employer, shall contribute to said fund as required by this chapter, for twelve .•, ii. F . No. 85-Pagc 11 �r; 1 consecutive months immediately prior to the commen cement within t his st ate of the occu- 2 pation, the requirement t o pay double the service and police char~e shall cease. For the purpose of encouraging care on the part of the employers and thus decr easing- 3 accidents to employes, and to the end that each employer shall compensate all injuries to 4 5 the workmen of such employer and not those of other employers, the state tr easur er shall 6 keep a separate account for each employer so contributing to said fund and shall charge 7 against the account of each employer all warrants paid from the industrial acccident fund : 8 (a) As awards for injuries to employes of such employer ; 9 (b) In payment of medical and surgical supplies and medical or hospital at tendance 10 11 12 13 14 15 16 17 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; (d) In payment of witness fe es in cases wher ein an order of award is granted to the employe of such employer. Section 4. That Section 124--120, Wyoming Revised Statutes, 1931, be amended and re-enacted to read as follows : Section 124--120. Each employe, who shall be injured in any of the extra-hazardous 18 employments as herein defined, or the dependent family of any such injured workmen, 1 !) who may die as the result of such injuries, except in case of injuries due solely to the cul- 20 pable negligence of such injured employe, shall receive out of the industrial accident fund 1 • 21 compensation in accordance with the following schedule, and such payment shall be in lieu 22 of and take the place of any and all rights of action against any employer contributing, as 23 required by this chapter, to the industrial accident fund in favor of any person or persons 24 by reason of any such injuries or death. 25 (a) "Permanent partial disability" means the loss of either one foot, one leg, one S. F. No. 85-Page 12 �/ 1 hand, one arm, one eye, or the sight of one eye, one or more :fingers, one or more toes, and 2 dislocation where the ligaments are severed, or any other injury known to surgery to be per- 3 manent partial disability. For any permanent partial disability hereinafter specifically de- 4 scribed, resulting from an injury, the workman shall receive a lump sum as follows: 5 For the loss of a thumb $337.50 6 For the loss of a first :finger 300.00 7 For the loss of a second :finger 225.00 _ 8 For the loss of a third finger 225.00 9 For the loss of a fourth :finger 225.00 10 For the loss of a palm (metacarpal bone) 900.00 11 For the loss of a hand 1,500.00 12 For the loss of an arm at or below elbow 1,800.00 13 For the loss of an arm above elbow 2,000.00 14 For anky-losis (total stiffness of) or contractures (due to scars or injuries) which make 15 the fingers more than useless, the same amounts apply to such :finger or :fingers (not thumb) 16 as given above. 17 The loss of a third or distal phalange of the thumb shall be considerea to be equal to 18 the loss of one-half of such thumb; the loss of the more than one-half of such thumb shall , , / ~ 19 be considered to be equal to the loss of the whole thumb. 20 21 ~ \ The loss of a third or distal phalange of any :finger shall be considered to be equal to the loss of two-thirds of such finger. 22 The loss of more than the middle and distal phalanges of any finger shall be considered 23 to be equal to the loss of the whole :finger; provided, however, that in no case shall the 24 amount received for more than one finger exceed the amount in this schedule for the loss of 25 a hand. S. F. No. 85-Page 13 I �For the loss of a great toe 1 $200.00 For the loss of one of the toes other than great toe 150.00 2 The loss of more than two-thirds of any toe shall be considered equal to the loss of the 3 4 5 6 7 8 9 10 whole toe. The loss of less than two-thirds of any toe shall be considered equal to the loss of onehalf of the toe. For the loss of a foot $1,200.00 For the loss of a leg below the knee 1,500.00 For the loss of a leg above the knee 1,800.00 For the loss of an eye or the sight ther eof 1,800.00 11 For any other injury known to surgery to be permanent partial disability, the work- 12 man shall receive a sum in the amount proportional to the extent of such permanent partial 13 disability based as near as may be upon the foregoing schedule O ,:; ''' in every ,:: '~' '-' 1-! case of permanent partial disabil-ity the amount allowed for the injmy shall be paid in 15 monthly installments at the rate of fifty dollars ($50.00) per month if the workman be 16 unmarried at the time of the injury, and at the rate of sixty dollars ($60.00) per month if 17 the workman has a wife with whom he is living ancl in good fa·i th confribnt-ing to her sup- 18 port at the time of the injury; provided, however, that the court making such award shall 19 20 21 22 23 24 25 retain jurisdiction of the same until said award shall have been fully paid, with power to modify or change the amount of the award to conform to any change in the condition of the injured workman, and shall have power at any time during said period, upon application and hearing, with notice to the employer, and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the injured workman as a lump sum. (b) "Permanent total disability" means the loss of both legs or both arms, total loss S. F. No. 85-Page 14 �,,,/ / I / / ~ . l of eyesight, par alysis or other conditions per manently incapacitating the workman from 2 performing any work at any gainful occupation. Where there has been a previous disabil- .3 ity or '1:n jury, as the loss of one eye, or the sight thereof, one hand, one foot, or any other 4 previous permanent disability oi· injnry, the per centage of disability fo r a subsequent in- 5 jury shall be determined by deducting ther efrom the per centage of the previous disabiilty 6 or inj,nry, as it existed at the time of the subsequ ent injury. When permanent total disabil- 7 ity r esults from the injury the workman shall r eceive t he sum of four thousand dollars ($4,- 8 000.00 ), but in every such case the amount allowed for the injmy shall be paid in month ly 9 installments at t he rate of fifty dollars ($50.00 ) per month if the workman be unmarried 10 at t he time of the inju ry, and at the rate of sixty dollars ($60.00 ) per month if the work- 11 man has a wife ,vith whom he is living ancl h 1 goocZ faith contribnting to her snpport at the 12 t ime of the injury; provided, however , that the comt making such award shall r etain juris- 13 diction of the same until said awar ds shall have been fully paid, with power to modify or 14 change the amount of t he award to conform t o any change in the condition of the injured 15 workman, and shall have power at any time during said period, up on application and hear- 16 ing, with notice to the employer, and a showing of the n ecessity ther efor, t o order all or 17 any part of the unpaid balance of the award to be paid to the injured workman as a lump 18 sum; provided, that if the workman shall die leaving an unpaid balance of the award, then 19 20 21 22 23 24 25 such unpaid balance shall be returned to the industrial accident fund and be credited to the employer's balance. If the workman suffering such permanent total disability have a boy or boys under sixteen (16) years of age, or gfrl or girls under eighteen (18) years of age, the guardian of such child or children, appointed as hereinafter provided, shall receive for the use and benefit of said child or children, a lump sum of one hundred and twenty dollars ($120.00) per year for each boy under sixteen (16) years until the time when each of said boys shall become sixteen (16) years of age, and a lump sum of one hun- 13. Ji'. No. 85- Pagc 15 �dred and twenty dollars ($120.00) per year for each girl under eighteen (18) years of age 1 until the time when each of said girls shall become eighteen (18) years of age _; provided, 2 that the aggregate lump sum paid to said guardian, shall in no case exceed four thousand. 3 dollars ($4,000.00), and any and all awards made on accou~t of any such child or children,. 4 shall be disbursed under a proper guardianship to be created by the court or judge making 5 6 7 such award. (c) "Temporary total disability" means an injury which, though it may r esult or 8 does result in a permanent total or partial disability, temporarily incapacitates the injured g person from performing any work at any gainful occupation for the time, but from which 1o injury such person may recover by medical or surgical treatment and be able to resume· 11 work; provicled, howeve1·, that when sitch injm·y does 1·ewlt in either permanent total or pa1·- 12 tial disability, then and in that case, "ternpo1'ary total disability" shall be limited to the 13 time when the "healing process" ha.s taken place. In such case, if the worlnnan be unmarried. 14 at the time of the injury, he shall receive the sum of fifty dollars ($50.00) per month, so 15 long as the total disability shall continue. If he have a wife with whom he is living and •in 16 good faith contrib1tting to her support at the time of the injury, he shall receive sixty dol- 17 lars ($60.00) per month, and if he have a boy 01· boys under sixteen (16) years of age, or 18 a girl or girls under eighteen (18) years of age, and in good faith snpporting, or both, he 1 !) shall receive for each so supported, seven and one-half dollars ($7.50) per month, but the· 20 total monthly payments shall not exceed ninety dollars ($90.00) per month. No compensa-. 21 tion, except the expense of medical attention, shall be allowed for the first seven (7) days 22 of disability, unless the incapacity extends beyond the period of twenty-one (21) days, in 23 which case the compensation shall nm from the time of the injury. As soon as recovery is 24 so complete that the earning power of the workman at any kind of work is restored, the 25 payments shall cease, but in no case shall the total payments made in such cases exceed j S. F. No. 85-Pagc 16 �1 in the aggregate the lump sum amount herein specified to be paid an injured workman 2 for injuries causing permanent total disability. When the workman has non-resident alien 3 children whom he is in good f aith snppo1'iing, he shall r eceive only one-thir d of the sum 4 above fixed for boys under sixteen (16) yearrs 0£ age and girls under eighteen (18) years 5 of age. 6 ( d) In all cases of temporary total disability, perman ent par tial disability and per- 7 manent total disability, the expense of medi cal attention and 0£ care in hosp ital of the in- 8 jured worlnnan shall be paid fr om date of said injmy, the expense of medical treatment 9 not to exceed one hundred and fifty dollars ($150.00) in any case and the expense of care 10 in hospital not t o exceed one hundr ed and fifty dollars ($150.00 ) in any case, unless under 11 general arrangement t he worlnnan is entitled to medical attention an d car e in hospital, 12 or the employer furnishes adequate and proper medical attention and hospi tal facilities to 13 his employes; provided, however , that no bill or fee for medical attention or care in hospital 14 shall be allowed or paid wi thout notice t o the employer and a hearing if r equested by said 15 employer. The state treasurer shall have the power to establish a schedule fix:in g t!1e fees for 16 which all medical, surgical, hospital or other legalized forms of treatment rendered to em- 17 ployes under this section shall be compensated. Each physician or surgeon attending a 18 worlnnan injured while engaged in extra-hazardous occupation shall file with the clerk of 19 the court of the county within which such injury occurred and with the state treasurer, 20 under rules to be prescribed by the state treasurer, a full and complete report fully describ- 21 ing the nature of the injuries to such workman; provided, that such report shall not be re- 22 quired unless the disability resulting from such injury lasts through the day or the injury 23 requires medical services other than the ordinary first aid treatment. Any physieia_n or 24 surgeon failing to file any report as herein provided shall be punished by a fine of not more 2!.i than fifty dollars ($50.00). Where death results from an injury the expense of burial shall S. F. No. 85-Pagc 17 �rl <l!150 •00) 1·n any case unless other ar• , be paid not to exceed one hundred and fifty do11 ars ( ,p 1 ra~gements exist between employer and employe under agreement. 2 (1) 3 But if the workman leaves a widow or invalid widower, to whom he or she has been regularly married by a marriage duly solemnized by a legal cer emony, providecl, it shall 4 5 not be made to appear that the surviv ing spouse was at the tiin~ of the workman's death li separated froni such spotise by her own fanU, such surviving spouse shall r eceive the sum of 7 two thousand dollars ($2,000.00), but in every such case the said award shall be paid in 8 monthly installments at the rate of forty-five dollars ($45.00) per month, upon proof 9 made to the state treasm·er that such surviving widow is stiU li-ving an cl has not remarried. 10 In case the atcarcl is in favor of an invalid widowe1·, then and in that case, proof 11111,st be 11 made to the state treas1trer, before any monthly installm ent -is pa,icl, that the saicl widower is 12 still an im:alicl. Provided, hmvever, that the court malring such award may upon application 13 and hearing, with notice to the employer and a showing of the necessity therefor, order all 14 or any pa1-t of the unpaid balance of the award to be paid to the surviving spouse as a 15 lump sum. If the surviving spouse shall re-marry before all of saidaward has been paid, 16 then he or she shall only be entitled to receive the sum of two hundred and seventy dol- 17 lars ($270.00) out of the unpaid balance of said award, and further payment shall cease, 18 and any balance of the award shall revert to the dependent children, if any there be; and if 19 there lie no dependent childl·en the unpaid balance of such award shall return to the gen- 2o eral fund and the same shall be credited to the employer's balance; if the surviving spouse 21 shall die before all of said award has been paid, then the unpaid balance shall revert to 22 the dependent children, if any; if no dependent children, then such balance shall revert 23 to the general fund and be credited to the employer 's balance; proYided, in any case, where 24 the surviving spouse shall re-marry or die before all of the award has been paid, the remain- 25 ing balance shall be paid to the surviving dependent chiltlrcn iu 1.hc followiug manner; in S. F. No. 85-Page 18 �) 1 ascer taining t he amount to be p aid to each sur viving chil d in t he case of male children, the 2 age of such, male child shall be figured from the t ime of the death or· 1·e-marriage • of suel1 3 surviving spouse unt il such male child attains the age of sixteen (16 ) years and in the case 4 of female children , t he time shall be :fig·ured from the time of the death or r e-marriao-e of 0 5 such surviving spouse until such female child attains the age _of eighteen (18) years, and t he 6 unp aid balance of such awar d shall be divi ded in each instance by the number of months 7 bet ween such p eriods of time. I n case of the death of any of such sur vivin g children, the 8 port ion of such award made pay able to such child by the terms her eof shall be divided 9 among t he surviving childr en pro r ata ; provided, further , that if all of the sur viving chil- 10 dren should die befor e the unpaid balance of the award is entirely distributed, then t he 11 remaining undistributed p ortion of such awa rd shall r evert to the gener al fu nd and be 12 credited to the employer 's balance ; provided, further, that if it be shown that the surviving 13 spouse wilfully deserted d eceased without fault up on the par t of the deceased, such surviv- 14 ing spouse shall not be r egarded as a dependent in any degree, but in such case the right 15 of boys under sixteen (16) years of age and girls under eighteen (18) years of age to 16 compensation shall not be defeated. If said workman leaves a surviving boy or boys under 17 sixteen (16) years of age or girl or girls under eighteen (18) years of age, the guardian of 18 such child or children appointed as hereinafter provided, shall receive for the use and 19 benefit of said child or children, a lump sum of one hundred and t wenty dollars ($120.00) 20 per year for each surviving boy under sixteen (16) years of age until the time when each 21 of said surviving boys shall become sixteen (16) years of age, and a lump sum of one hun- 22 dred and twenty dollars ($120.00 ) per year for each surviving girl under eighteen (18) 23 years of age until the time when each of said surviving girls :,;Jwll become eig-hteen (18) 24 years of age; provided, that the aggregate lump sum paid to said guardian shall in no ease 25 exceed three thousand, six hundred dollars ($3,600.00). In all cases where un order of ) R l•'. No. 85-Pnge 19 �compensation is made on account of boys under sixteen (16) years of age, or girls undei- 1 • eighteen (18) :years of age, or both, or to persons incompetent, said fund shall be disbursed 2 3 4 5 G 7 8 under a proper guardianship to be created by the court or judge making such an order. Section 5. That Section 124-124, Wyoming Revised Statutes, 1931, be amended and re-enacted to read as follows : Section 124-124. No money paid or payable um1er this chapter out of the industrial accident fund shall, prior to issuance and delivery of the warrant therefor, be capable of being assigned, charged nor ever be taken in execution or by garnishment, 01· shall the sCl!me· D pass to any other person, by operatfon of law, except as permitted by s1,bdivision (1) of 10 paragraph ( d) of sect-ion 124-120, Revised Statutes of TVyoining, 1931. Any such assign- 11 ment, attachment, garnishment or charge shall be void. 12 13 14 Section 6. That Section 124-140, Wyoming Revi sed Statutes, 1931, be amen.ded and re-enacted to read as follows : Section 124-140. Every award within the meaning of this chapter is a judicial deter- 15 mination of the rights of the employer, the employe and the industrial accident fund as to 16 all matters involved. Except as otherwise specifically provided in this chapter, the code of 17 civil procedure shall govern in matters before the coiu·ts of this state in reference to the 18 workmen's cqnipensation laws. No award of compensation or allowance of any e>,..-pense or 1 !) claim chargeable against the account of any employer contributing to the indistrial accident 20 fund shall be made without notice to such employer and hearing, unless such employer shall 21 in writing filed in the co11rt having ji,risdiction consent thereto. Where the em,ployer can- 22 not be personally served, substifoted service, as provided f 01· in the code of civil procedure, 23 may be had. � 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 A Bill for An Act to Amend and Re-enact Sections Relating to Compensation for Injuries or Death Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1933-02-02 Subject The topic of the resource A bill relating to both fatal and non-fatal accidental injuries. Description An account of the resource A 13.5" x 8" document with black text and red handwriting on the upper right corner with some minor damage. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource Nels A. Pearson Edward T. Lazear Identifier An unambiguous reference to the resource within a given context 1-0170 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/e03372ac45e08d6262fda13871d9a22b.pdf 435779dc46acd367613f6ae83679194f PDF Text Text ~~~~~~ ~@~l I ~~N~~~~~ ~~E~ State to Bring Action Against Workmen's Compensasation Delinquent Suit against the .)3lazon Coal ; .90,., a p:tah corporation, opei ating • mines at Kemmerer and Rock , Springs, charging to failure to . comply with the state's compensation law, was ordered today by , State Treasurer J. Kirk Baldwin. Attorney General Ray E . Lee this afternoon was drawing up 1 th~; papers in the case, Baldwin sa1a. The state will charge that the Blazon company h as t aken out of the state treasury $25 ,000 more than it has paid in to sa:tisfy compensation claims. The firm now is delinquent more than $4,000, Baldwin said, and efforts by the , state to collect have been unavailing. • Last week there was a fatality , in the mines of the company in western Wyoming. Settlement of .this suit alone may involve cost I: to the state's compensation fund s of about $4,000, Baldwin said. Action against the Blazon com- I: pa,ny is in line with the policy of r .the state's compensation depart- t ment to compel 11,ll firms in Wyo- t 1 ming to "get square" with this l bureau and to keep up with their t payments in the _fut~e. __ ~ ~ �Blazon Company May Be Heavily Penalized if State Wins Suit Steps for filing suit against a large coal company charged with evasion of compensation fund payments to the state were taken today when the attorney general's office was asked to take action against the Blazon Coal Company 1of Kemmerer, I The move came following warnings sent out to delinquent industries and other concerns coming under compensation department regulations of the state treasurer's office. Charge that the Blazon Company, a Utah concern, owes the state $4,000 in payments to the compensation fund, t-hat it has not contributed anything since early . last year and disregarded an agreement made in 1933 to make monthly payments that; would have satisfied the state's demands, are being filed by the treasurer's office. . If the state wins the action it is expected that it will cost the company at least $9,000. In addition to having to pay the $4,000 it is now said to be in arrears, the firm would be assessed a penalty, which will double the amount. In addition disregard of the state law calls for a fine of $500. Added to these sums would be costs of the suit and the company's own at• torney fees. State TreClSUrer J. Kirk Bald• :win authorized direct action against the company following a conference here two days ago with Clair M. Senior of Salt Lake City, attorney for the Blazon Co. He said the company gave no assurance that it would pay up. During the time it has fallen behind in its monthly payments to the state compensation fund, the Blazon co. has d1·awn out $20,000 more than it has paid in to meet accident demands, records in the treasurer's office show. Papers in the suit were being drawn up today bY tho attorney general's office. The Blazon co. has a monthly payroll of $11,000, the state treas• urer's office said their figures showed today. Duplicates of the pay roll are sent in regularly to qualify employes of the concern for compensation in the event of disability. _ L _ �I j 0( l/ ~ ~ ~ j ~ ~ ~ ~ij~ ~ij~~EN~~ l~~N: Aggressive action against busi1ness firms and industries of the state that have not been meeting, their ·compensation payments has : resulted i'n more than 100 com, panies "coming into the fold" this ' month. Receipts by the compensation· ' department last month increased1 ' $13,000 above the immediately preceding 30-day- perrod. Recent di• rect action against a large com- ' pany that was $4,000 in arrears and a vigorous drive throughout the state has brought still bigger increases · this month. Business firms of the state are requh'ed to pay a percentage of their payrolls into the state's compensation bureau in order to provide a fund from which workmen , are given compensation in the I event of accident. � 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 Wyo State Clippings - May to April, 1935 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1935 Subject The topic of the resource Various news paper clippings regarding the suit against the Workmen's Compensation Act. Description An account of the resource A 5.5" x 2", 9" x 2.25", and 4.5" x 2" news paper clippings glued to three separate 11" x 8.5" lines paper stapled together. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource The Union Pacific Coal Co. Identifier An unambiguous reference to the resource within a given context 1-0169 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/a8e55ebb85a20b8a8e5a0f3c14929721.pdf 0df97b4bf743adbc631807ab7ac000e5 PDF Text Text IL .Fl of the fa\_ TE IF iffi'YOM_ IlNG The. following fig-ures indicat~ t.ha total a.mount of collection receipts paid by vVyoming Employers ea~h year since tl e establif2hing of the Workmen's Compensation Fund iu 1915 -~o the close of busmess December 31, 1937, as well as the amounts paid out each year by the Depa.:i.t me;;;,t :n the form of Awards to injured workmen, medical fees, hospital fees, investigations a}~.d ac~rD.i.nis tration costs of conducting entire affairs of the Department. · . • Yem· 1915-1916 1916-1917 1918 1919 1920 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 1932 1933 1934 i935 1936 1937 T otal Amounts Collectecl $241,861.69 218,604.66 215,498.40 240,308.35 483,364.33 351,830.42 Total Amouuts Paid Out S 66,537.-71 106,501.76 103,703.75 .142,091.30 247,755.77 409,60.1.24 373,834.62 693,.j16.49 329,734.8,1 500,474.35 153,0ti0.91 504,868.87 688,223.29 560,221.33 499,606.18 511,105.80 483,259.72 491,277.38 396,589.01 423,404.39 ii19,850.99 .506,508.96 -142,094.90 353,346.37 250,655.84 236,227.13 311,863.35 419,536.87 358,296.07 315,060.01 317,898.43 ·· 338,277.61 ... 403,328.44 . : • 439,338.2.9 589_,897.29 . ·, ,··.·, ' ' 458,246.90 597,914.14 893,825.33 NO ICE! I .. ., . These figures lr<rue been compiled cuul submitled in the abor:e tabulated.form following 1·c~u!:sf.;. mm ~· by various employers and employes ill d iffen:nt secticns of the Sla te u·lu-1 are desirous· of lem•n ·nv ,·~ c-. ·r,.•f •·:mmcial g1·owtlt of the WoYkmen',c; Compensation Depm·trnent aml tlze solr:e11cy of the Fund. It is grnti.F,;iny to note that the collections for the year 19,'ll show the largest volume of bu..'iiness accamplished in. Ute ',:"torg of the Department. 1'he net gain after paying tlze entire administratiue ·cost of the -Departmellt is tr·e greatest er:er 1·ecord!:d since the inception of the W 01·kmen's Comp~nsation Fund. The Wgomi11g JJ'(Jr/mum's Compensation Law is a prntectiori t~ Wyon~in'g Employers as well as Wyo.i, .. 1 E11 pfoyes ! J.· IIRK BALDWIN ' STATE TREASURER in Charge WORKMEN'S COMPENSATION DEPARTMENT ;.i . l , 1938 - - -------- -- - - - � 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 Financial Statement Workmen's Compensation Department of the State of Wyoming Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1938-02-01 Subject The topic of the resource Financial information for the Workmen's Compensation Department. Description An account of the resource An 11" x 8.5" newspaper clipping glued to cardstock Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource J. Kirk Baldwin Identifier An unambiguous reference to the resource within a given context 1-0168 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/4375f12b7f5c084642876f9c362fd589.pdf 9ef121db964973add53ba05c52b33e57 PDF Text Text "-/0 ' / ,.,., / Americ4n Association for labor Legislation/ 6 ..>~,,_. GENERAL OFFICERS Pue., ucmi ~, Pre1idc11J, JOSEPH P. CHAMBERLAIN Vice Presidents: N J. DOUGLAS BROWN JOHN R. COMMONS LILLIAN D. WALD SAM A. LEWISOHN THOMAS KENNEDY EI\NBST G. DRAPER THOMAS I. PARKINSON WESLEY C. l>UTCHELL JOHN A. RYAN JOHN G. WIN.ANT Secretary, JOHN B. ANDREWS T reawrer, EUSTACE SELIGMAN Associate Secretary, IRENE OSGOOD ANDREWS Research Auistant, GEORGE H. TRAFTON WALTER GELLHORN r the GENERAL \vELFARE American Labor Legislation Review and the President, Treasurer, and Secretary Telephone, GRamercy 5-2589-2590 Daa.r Member: You will be glad to kno~ our 32nd Annual Meeting at Detroit ~as one of the most successful in years. Interest 9 ~ith attendance of 1500, was exce~tional . It has given ou~ uork a new impetus for the important year ahead. Michael M. Davis{ Ill. Paul A. Dodd, Ca . Mnry E. Dreier, N, Y. Our Mid-year Meeting is set for Buffalo, June 18~24 0 uith the big National Com rence of Social Wi:rrk . l=i, Our quarterly Review - now in press - uill cont ain notable features not elsewhere available. The President 0 s message t o Congress on t he national health program finally opens t he way fo r renewed action on that part of our leaislative program. • With mor e t han 40 legis l a tur es in s ession 9 we als o need your cooperation now on a wide range of pr oblems: Mine safety - Silicosis res earch - Labor law enforcement - Workmen's compensation Unemployment compensation amendments - Health i nsurance - Occupational dis ease compensation These involve voluminous correspondence, preparation of memor anda, legislative drafting, public hearings . ~-t~f"p~~• Jd• M. Tarbell, N. Y. F. W. Taussig, Mass. G. W. Thompson, N. Y. M:irr van K!eeck, N. Y. T. A. Wilson, N. C. }tobert J. Watt, D. C. Jldwin ll. Witte, Wis. Verne A. Zimmer, D . C. and the officers JAMES MARSHALL SPENCER l>ULLER, JR. ORDWAY TEAD January 28P 1939 Mrs. Geori;c Backer, N. Y. Elizabeth Brandeis, Wis. Robert Bruen,, D. C. Cho.des C. Burlingham, N. Y. Charlotte Carr, Ill. Willinm L. Chenery. N . Y. Irene Syh•cster Chubb, Mo. Elizoheth A. Cooley, Fla. Belle Sherwin, D. C. Mrs. M•ry Simkhovitch, N. Y. Edwin S. Smith, D. C. George Soule, N. Y. CARTER GOODRICH GEORGE M. HARRISON PAUL J. KE RN CLARENCE A. KULP 131 East 23rd Street, New York City GENERAL ADVISORY COUNCIL Grnce Abbott. Ill. Arthur J. Altmeyer, D . C. Mrs. Lucius Enstman, N. Y. Homer Folks N. Y . Richard Fondiller, N . Y. Wnlter Frank, N. Y. Lloyd K. Garrison, Wis. Mary Barnett Gilson, Ill. Jose!'hine Goldmark, N. Y. l'ranl.: P. Graham, N. C. William Haber, Mich. Helen Hall, N. Y. Alice Hamilton, Conn. Walton H. Hamilton, Conn. J. ]. Hnndley, Wis. Frank E. Hering, Ind. Sidney Hillman, N. Y. William Hodson, N. Y. Harry L. Hopkins, D. C. John A. Kingsbury, N. Y. Mrs. Florence Lamont, N. J. John A. Lopp, lll. Murri1' W. I.otimer, D. C. ~~•~is N. Y. John L. lewis, D. C. Samuel McC. Lindsay, N. Y. David A. McCabe, N . J . James L. McDevitr, Pa. le,fur Magnusson, D. C. Otto T. Mallery, Pa. Frieda S. Miller! N. Y. H. A. Millis, II . Mrs. Douglas Moffat, N. Y. Tom Moore, Canada Vincent J. Murphy, N. J. John O'Grady, D. C. Frances Perkins, D . C. John A. Phillips, Pa. Mrs. Willard Pope, .Mich. Roscoe Pound, Mass. Paul Raushenbush, Wis. Donald Richberg, D. C. William Gorham Rice, Wis. Josephine Roche, Col. Norman .McL. Rogers, Canada W. A. Rooksbery, /uK. Bem:ird J. Rothwell, Mnss. EXEdi.;;~ _ ...MARY ANDERSON { I The enclos ed now print is the 17t h edition of our Workmen's Compensation Standards pamphlet. It notes progress. We need other new material to meet requests f rom legislators and administrative officialsp as ~ell as from private organizations and members. We uish to thank all who have already sent contr ibutions for 1939, and to urge those \'lho have not yet responded to our .January memorandum to send as generous a check as possible . now. It will save us added expenses and enaoura~e us great£\y~. ~ . ,.,. 'l, 9 rtr· 2 -· Faithfully you~8 0 Organized in 1906-Eodorsed by National Information Bureau, Incorpornted �Standards for W o:rlkmenj s Compensation laws AMERICAN ASSOCIATION FOR LABOR LEGISLATION I 3 I East 23rd Street, New York City �ANNOUNCEMENT . Worlonen's Compensation C . , omm1ttee American Association for Labor Legislatio n }OSEPI-I P. C HAM BERLAIN P rofessor of Public Law, Columbia University. R ICHARD Fo N DILLER Consulting Actuary, New York City. LEON ARD \ V. HATCH Forme r Membe r, New York State Industrial Board. A DRIA N V . s. LAMBERT Chai rman, Committee on 1Iedical-Compe nsati on Problems. D. B. ROBERTSON President, Brotherhood of Locomotive Firemen an d Engi nemen. VER N E A. Z IM MER Director, Division of Standards, U. S. Department of Labor. ?- L\ RSFI ALL DA W~ON Compensation E xpert, U. S. Bureau of Labor Statistics. GERA LD H. B RO W N Assistant Deput y Minister of Labor, Canada. B ERNARD ] . R OTH WELL President, Bay State ::..rilling Company, and fo rmerly President, Boston Chamber of Commerce. T. A. \ V JLSOX ;\{ember, North Carolina Industrial Commission, and formerly President, N. C. Federation of Labor. }OHN B . A NDREW S Secretary, American Association for Labor Legislation. Author, "Labor Laws in Action." The seventeenth edition of this pamphlet once more records substantial gains in t he field of workmen's compensation. Notable progress has been made in extending laws to protect more workers, in reducing waiting periods, in raising the weekly maximum limits of compensation, and in liberalizing the allowance for medical care. From the very beginning of workmen's compensation legislation in America, the Association for Labor Legislation took an active part. It analyzed and published upto-date reviews of legislation. It assisted in the creation of official commissions and helped to bring them together in national meetings. It organized the first American conferences on Occupational Diseases and on Social Insurance. It assisted with information, urged well-tested improvements, and pointed out obvious short-comings in projected bills. Since April, 1911, when the first general state compensation law to go into effect and stay in effect was enacted, the movement has spread from state to state, and the federal government now protects its million civilian employees by a model measure drafted by this Association and embodying substantially the standards here set forth, as does also the Longshoremen's Act and the District of Columbia law prepared under its auspices. In extending the legislation to the two remaining states and to interstate commerce employees, and in perfecting the laws which already exist, it is hoped that these standards may help to point the way toward that desirable uniformity in legislation which shall deal liberally with the injured workman and his dependents, fairly with the employer, and justly with the state. JoHN B. ANDREWS, Secretary, American Association for Labor Legislation. �STAND ARDS FOR WORKMEN'S COMPENSATION LAWS Recommended by the AMERICAN ASSOCIATION FOR LABOR LEGISLATION In the opinion of the American Association- for Labor Legislation the following features are essential to satisfactory workmen's compensation laws: "BY ITS WORKMEN'S YOU CAN JUDGE THE COMPENSATION LAW SOCIAL STATUS ·oF A STATE." ,· i I. Scale of Compensation. Assuming machinery to insure the prompt payment of the compensation required by law, the scale of payments is the most important feature of the sy°stem. The strongest argument for compensation to all injured workmen or to their dependents is that shortened lives and maimed limbs due to industrial injuries are just as much expenses of production, which should be met by those conducting industry for their own profit, as are used-up raw materials or worn-out tools and machinery. The whole expense of losses to capital is necessarily borne by the employer. The whole expense of the personal losses due to injuries is the loss in wages sustained and the expenses for medical care during incapacity. The only logical reason for not imposing, through the employers, this entire expense ~n every industry that occasions it, is that injured workers must not be deprived of a motive for returning to work and to independent self-support as soon as they are able to do so. The compensation act, therefore, should provide for the expense of all necessary medical •attendance and for the payment of such a proportion of wages to the victim of the •injury during his incapacity, or to his dependents if he be killed, as will provide for the resulting needs and yet not encourage malingering. The following scale is believed to conform to these requirements and to be the lowest that should be inserted in any compensation law. 1. Medical Attendance. Aside from humanitarian considerations the employer should, in the interest of economy and efficiency, be required to furnish all s ·. , . ., ,. •, �necessary medical, surgical and hospital services and supplies as determined,by the Accident Board. All of the acts provide for medical attend~ce. A~ necl:ssary medical care is provided with neither time nor amount limits in California, Connecticut, Idaho, Illinois, Minnesota, Nebraska, New York, North Dakota, Washington, and Wisconsin; also Hawaii, the Philippines, Puerto Rico, and in the three federal laws -for longshoremen, Government employees and the ~istrict of Col1;1t11bia. Tii:ne limits, ·only: are fixed m Alaska, Anzona, Indiana, Michigan, N~vada, New Hampshire, Texas, Virginia and with authorization for unlimited extensio~s by the Board in Massachusetts, North Carolina, Oklahoma, and South Carolina. Amount limits only, are fixed in Florida, Iowa Louisiana' M.~l~nd, New_ Mexico, Rhode !;land, West Virginia, Wyoming, and with authorization for un~ted increases by the Board .i~ New Jersey, Ohio, Oregon, and Utah. Additional medical care withou~ fixed limit may be ordered by the Board also. m Delaware, Maine, Missouri, and Pennsylvania. 2. Waiting Period. No compensation should be paid for a definite period-to be not less than three nor more than ~even days-at the beginning of disability. If, however, disability continues for 14 days, compensation should be paid from date of injury. In Alaska, Arizona, California, Connecticut, D~la~are, !c4'lorida, Georgia, Hawaii, Idaho, I~ois, Indiana, Kansas, Kentucky, Louisiana, M:une, MaryJand, . Massachusetts, Michigan, Minnesota, M1ssoun, Montana (if dependents) Nebraska, Nevada, New Hampshire New Jer~ sey, New Mexico, _New York, North Carolina, North J?:i,!i:~ta, Ohio, Oklahoma, Pennsylvania, the Philippines, Puerto Rico, Rhode Island South C":1"0¥1:a, Tenne~see, Texas, Utah, Ver~ mont, Vi.rgmia, Washington, West Virginia Wisconsin, and Wyoming, and under the thre~ federal laws, the waiting period is as here recommended. In Oregon and South Dakota there is no waiting period. 3. Compensation for Total Disability. The disabled workman should receive during disability not less than 66fr per cent of wages; compensation not to be more than $25 or less than $10 a week. If he is a minor, he should, after reaching twenty-one, receive 66! per cent of the wages of able-bodied men in the occupation group to which he belonged. All of the acts except those of Alaska (permanent), ~regon (perz:n.anent), WashinKton, and Wyoming base disability compensation on a 4: percentage of wages, rather than on a flat rate regardless of the wages. The percentage of wages here recommended is the same as in Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana (sliding scale), Nebraska, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon (temporary only, and sliding scale), West Virginia, and in the three federal laws. Alabama (sliding scale), Alaska, Arizona, California, Idaho (sliding scale), Illinois (sliding scale), Kentucky, Louisiana, and Pennsylvania provide 65 per cent. Florida (sliding scale), Hawaii, Iowa, Kansas, Nevada, New Mexico, North Carolina, the Philippines, South Carolina, Texas, and Utah provide 60 per cent; while Indiana South Dakota, and Virginia provide 55 per cent'. Wisconsin provides 70 per cent. In Arizona, California, Colorado, Idaho, Illinois, Massachusetts, Missouri, Nebraska, Nevada, New York, Ohio, Oregon, Pennsylvania, Utah, Washington, West Virginia, Wisconsin and under the federal law for Government employees, _compensation for total disability is payable dunng the continuance of the disability. 4. Compensation for Partial Disability. The workman who is only partially disabled should receive a percentage of his wages proportioned to the degree of disability, and subject to readjustment only on account of changes in extent of disability; compensation not to exceed $25 a week, with provision for minors similar to that in the case of total disability. Awards for permanent partial disability should be in addition to total disability compensation paid during the healing period. In case of a second injury Hawaii, Idaho, Illinois, Minnesota, New Jersey, New York, Nor:;th Carolina, North Dakota, Ohio, Pennsylvania, South Carolina, Utah, Wisconsin, and the federal laws for longshoremen and for private employees in the District of Columbia, pay out of a special fund any compensation in excess of that for which the second injury by itself would make the employer liable. Massachusetts a~d West Virginia have adopted the same princ_iple through somewhat less adequate legislation. 5. Compensation for Death. (1) Funeral Expenses. The employer should be required to pay a sum not exceeding $200 for funeral expenses, in addition to any other compensation. All the laws except those of Alaska, Illinois, Maine, Maryland (in case decedent's 5 �estate is large enough to pay such expense), Massachusetts, New Hampshire, Oklah2JI1a (which cannot constitutionally compef.'sate for death), Puerto Rico, South Dakota and Texas provide funeral expenses in all cases of death whether or not there are dependents. The maximum limit is $200 or more in Connecticut, Idaho, Maine, Michigan, New Hampshire, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, Texas, Wisconsin, Wyoming, and under the three federal laws, while Alaska, Arizona, California, Florida, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, South Dakota, Utah, Virginia, Washington, and West Virginia allow $150 or more. marries, or reaches the age of eighteen unless the child at 18 is physically or mentally incapable of self-support. (2) Compensation for Widow. If living with the decedent at the time of his death, or if dependent, the widow should be granted at least 35 per cent of his wages until her death or remarriage, with a lump sum on remarriage equal to at least two years' compensation. The method of compensation for cases of death recommended in this and succeeding paragraphs is substantially the same as in Arizona, Idaho, Minnesota, Montana, Nevada, New Jersey, New York, North Dakota, Pennsylvania, and Vermont, and under the three federal laws. The provision for a lump sum payment to the widow on remarriage is adopted in Arizona, Colorado, Minnesota, Nevada, New York, North Dakota, Oregon, Utah, Washington, West Virginia and in the federal laws for longshoremen, and for private employees in the District of Columbia. (3) Compensation for Widower. If living with the decedent at the time of her death and dependent upon her support, the widower should receive 35 per cent of her wages, or a proportionate amount if his dependency is only partial, to be paid until his death or remarriage. (4) Compensation for Widow or Widower and children. In addition to the compensation provided for the widow or widower, IS per cent should be allowed for each child under eighteen, up to a maximum of 66fr per cent for the widow or widower and children. Compensation on account of a child should cease when it dies, 6 l (5) Compensation to Children if There Be No Widow or Widower. In case children are left without any surviving parent 25 per cent should be paid for one child under eighteen, and 15 per cent for each additional such child, to be divided among such children share and share alike, up to a maximum of 66i per cent. Compensation on account of any such child should cease when it dies, marries, or reaches the age of eighteen unless it is disabled. (6) Compensation to Parents, Brothers, Sisters, Grandchildren and Grandparents if Dependent. For such classes of dependents 25 per cent should be paid for one wholly dependent, and 15 per cent additional for each additional person wholly dependent, divided among such wholly dependent persons share and share alike, and a proportionate amount (to. be determin~d by the Accident Board) if dependency is only partial, to be ~ivided among the persons wholly or partially dependent according to the degree of dependency as determined by the.Accident Boar·d. These percentages ·should be paid in cases where there is no widow, widower, or child. In other cases members of this class should receive as much of these percentage/> as, when added to the total percentage payable to the widow or widower or child, will not exceed a total of 66! per cent. · Compensation to members of this class should be paid only during dependency. • (7) Compensation for Alien NonResident Dependents. Aliens should be placed on the same footing as other dependents. In Alabama, Hawaii, New Mexico, the Philippines, and South Dakota, alone are alien non-resident dependents expressly ·excluded from compenstion. (8) Maximum and Minimum Compensation for Death. The wages on 1 �which death compensation is based should be taken to be not more t ~ $37.50 per week nor less than $15 per week; but the. total amount of the weekly Compensation should not be more than the actual wages. (9) No-dependency Death Cases. If there are no surviving dependents, the insurance carrier should be assessed at least $1,500 for the second injury and rehabilitation fund. 6. Commutation of Periodical Compensation Payments. Necessary in exceptional cases, lump sum payments should, however, be carefully safeguarded against abuse and should be permitted only when for the best interest of the beneficiary and with the approval and under the supervision of the Accident Board, after thorough investigation. 7. Legal Fees. No contract for legal services should be valid unless approved by the Accident Board, which should be authorized to be the judge of the reasonable value of the services rendered. II. Employments to Be Included. It is believed that sufficient progress has now been made in public education on the problem, and in the development of efficient and economical machinery for insuring the employer against his compensation liability, to justify the inclusion in the system of all employments. The only exception which should be made is of casual employees in the service of employers who have only such employees and who, therefore, cannot fairly be required to carry compensation insurance policies. Such policies, on payment of a small additional premium, are now drawn so as to embrace casual as well as regular employees. No serious burden is, therefore, entailed on employers, even of domestic servants, in making them liable to pay compensation to casual employees. Farm labor and domestic service are still exempted from the operation of the act in nearly all the States, either expressly or indirectly. Casual employees are excluded either in whole or in part by most laws. 8 III. Injuries to Be Included. Compensatio. should be provided for all personal injuries in the course of employment, and death resulting th erefrom within six years, but no compensation should be allowed wh ere the injury is occasioned by the wilful intention of the employee to bring about the injury or death of him self or of another. The act should embrace occupational diseases arising out of and in the course of employ ment, which should be considered personal injuries for which compensation is payable. The principle of limiting the time within which death must occur in order to form a basis for compensation is found in Alabama, Colorado, Conn~cticut, Delaware, Florida, Hawaii, Idaho, Indiana, Kentucky, Louisiana, Maryland Missouri Nebraska, New Mexico, North Carolina, North Dakota, Ohio, Pennsylvania, Puerto Rico, South Carolina, Utah, Vermont, Virginia and West Virginia, and in the federal law for Government employees. The principle of excepting injuries caused by the wilful intention of the employee is found in the three federal laws and in all States except Illinois, Massachusetts, and Montana. Occupational diseases are compensated in California, Connecticut, Illinois, Indiana, Hawaii, Massachusetts, Missouri, New York, North Dakota, the Philippines, Wisconsin, and under the three federal laws, and to a limited extent in Delaware, Michigan, Kentucky, Minnesota, Nebraska, New Jersey, North Carolina, Ohio, Pennsylvania, Puerto Rico, Rhode Island, Washington, and West Virginia. IV. Other Remedies Than Those Provided by the Compensation Act. One of the weightiest arguments against the outworn system of employers' liability is that it causes vast sums to be frittered away in law suits that should be used in caring for the victims of accidents. To avoid this waste the compensation provided by the act should be THE EXCLUSIVE REMEDY. If the employer has been guilty of personal negligence, even going to the point of violating a safety statute, his punishment should be through a special action prosecuted by the State factory inspection bureau. Likewise, if he has failed to insure, he should be penalized by being made subject to a penal action prosecuted by the accident board and by increasing his liability for compensation. 9 �" Suits for damages are not permitted under any circumstances in several states including Alaba;»a, Alaska, Hawaii, Idaho, Louisiana, Maine, Penrtirylvania, Vermont, and Wisconsin. most rigid regulation to guard against 'in~olvency, to insure just settlement of claims, to prevent wasteful practices and exorbitant rates, and to eliminate unfair competitive methods; V. Security for the Payment of Compensation Awards. The supreme tests of a compensation system are, first, the incentive provided for reducing accidents to the utmost, and, second, the promptness and certainty with which compensation claims are met. The strongest incentive toward prevention results from imposing the whole expense of compensation upon the employer. The irregularity and uncertainty of accidents, however, make this policy inexpedient for small employers with limited financial resources. Security can only be attained through some system of insurance. Employers should, therefore, be required to insure their compensation liability. Insurance in commercial companies is not _allowed in Nevada, North Dakota, Ohio, Oregon, Puerto Rico, Washington, West Virginia, and Wyoming, and sentiment is rapidly developing in favor of such exclusion elsewhere. 4. Insure in a State Insurance Fund managed by the Accident Board upon the same principles and subject to the same general requirements as those governing Mutual Insurance Associations. State insurance is authorized in Arizona, California, Colorado, Idaho, Maryland, Michigan, Montana, Nevada, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylv~a, Puerto Rico, Tennessee (for coal_mines), Utah, Washington, West Virginia and Wyoming. Alabama, Alaska and the Philippines are the only States which do not require in some form or other the employer to secure the payment of compensation either by insurance or by the giving of a bond. • Failures of private casualty companies -with resulting tragic loss both to injured workers and their employers-have given additional impulse to adoption of State Insurance Funds. ly.loimting insurance costs have likewise led to increasing use of State Funds. In accordance with the plans of insurance at present provided for, .employers may either: 1. Maintain their own insurance fund subject "to the approval of the Accident Board or other administrative authority; Massachusetts, Nevada~ North Dakota, Oregon, Puerto Rico, Texas, Washington and Wyoming do not permit employers to carry their own insurance. 2. Insure in a Mutual Association authorized to insure compensation liability; Insurance in a mutual association is permitted in most States, including Alabama, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia and Wisconsin and by the federal laws for longshoremen and for private employees in the District of Columbia. 3. Insure in a commercial company, such companies to be subjected to the 10 .I •VI. Organization of Accident Board. It is essential to the successful operation of the compensation system that an Accident Board be created. This board should_ consist of three or five members appointed by the Governor with the consent of the Senate. The board should have power to employ necessary assistants, including an independent medical staff, on a merit basis with security of tenure. Its members should be required to devote their entire time to its work and should not be permitted to •carry on any other business or profession for profit. The cost of administration of the compensation law should be equitably distributed among the insurance carriers. Accident boards are provided in the three federal laws and in all of the States except Alabama, Alaska, Louisiana, New Hampshire, New Mexico, the Philippines, Rhode Island, Tennessee and Wyoming. 11 �i> VII. Procedure for Settlement of Compensation Claims. Careful provision shdi!nd be made for rigid state supervision in the determination of all claims for compensation. A decision by a member or an authorized deputy of the State Accident Board should be conclusive, unless appeal therefrom is taken to the entire Accident Board within a specified time. The Accident Board's ·disposition of the case should be final and conclusive unless appeal therefrom is taken within a specified time. Appeals from decrees of the Accident Board should not be allowed, except on questions of law, and should be carried direct to the highest court. VIII. Reports of Accidents. The law should direct the administrative board to use the Standard Accident Reporting Blank requiring full and accurate reports of all industrial accidents as a basis for computation of future industrial accident rates and for future safety regulations to decrease or prevent accidents. IX. Rehabilitation. Restored earning power is of more importance than distress relieved. The administrative board should therefore be authorized to encourage, cooperate with, or conduct enterprises for the re-education and rehabilitation of injured persons. Provision should be made for maintenance during rehabilitation. Forty-seven States and the District of Columbia already make provision for aiding industrial cripples to secure re-training, re-education or reemployment. Delaware still lags. The essential features of workmen's compensation law here outlined are urged on the basis of a careful study of the whole question and of the compensation legislation of all the States. As one of the functions of the American Association for Labor Legislation is to promote the enactment of adequate and more nearly uniform labor laws, it earnestly recommends to the careful consideration of legislators and of those who are interested in social progress the country over, the foregoing just, reasonable and progressive workmen's compensation standards. 12 . ' • " l esp ecially lik e the way t he org a11 izatio11 co mbin es th r scir11tific m ctl,o d with th e pra ctical rernlt -g elli11g spirit." " T h e Asso cia tiou has ed11ca t ed th e p11bli c, aro11u d p 11 blic int erest, se cured th e pa ssage of ht·111•fi cinl l rg islntio11." The American Association for Labor Legislation is a general welfare organization with headquarters at 131 East 23rd Street, New York City. It is supported entirely by contributions from its thousands of members representing all groups in every state in the Union. If you wish to be kept in touch with this expanding work you should become a member. Membership will entitle you to many privileges in addition to the publications, among which is the quarterly American Labor Legislation Review. The minimum annual subscription is $3. A good time to become a member is now. "[ /,ave brr11 a reader of th e AMERICAN LABOR the first day lo tMs day, a11d have fo1111d it i11dispe11sable i11 trying lo keep up w it!, the devr./oprn e11t of social lcgislatio11 i11 tl,e U11ited S/a/es."-CHARl,ES A, BEARD. LEGISLATION REVIEW from �( I ~ Workmen's Compensation Map ; of the United States and Canadian Provinces .. CJ No Compensation Laws. Compensation Law, but no State Fund Compensation Law, with State Fund. Can your State measure up to these standards? � 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 American Association for Labor Legislation & Standards for Workmen'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. 1939-02-02 Subject The topic of the resource Information regarding the standards for the laws regarding the Workmen's Compensation Act. Description An account of the resource An 11" x 8.5" document with a 9" x 4" white and orange booklet with black text. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource John B. Andrews Identifier An unambiguous reference to the resource within a given context 1-0167 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/905f2e76a220bacbfce2ead81fd02186.pdf 37c679b92bef247464b414957467231f PDF Text Text -lHHE-**************·lE-*-X··X·*·X·******•:f-l<-o'❖ ·X··X-·lE-*·lE-·lE-·lE-******** '***********·lHC·*·****-*-X·*·lE-***·X-·lE-*·X-*·X--X··X··X-·X-**·lE--l(•******* STATE OF WYOMING W(())lTI{lWEl\T9§ (()OMIPJEN§Alil(O)N ACl PEACE OFFICERS' INDEMNITY FUND COAL MINE CATASTROPHE INSURANCE FUND FIREMEN'S PENSION FUND And Acts Relating Tlzereto With All Amendments to Date MARCH 1, 1935 Compiled By J. KIRK BALDWIN, STATE TREASURER CHEYENNE, WYOMING �STATE OF WYOMING I I ,II' Workmen's Compepsation Act PEACE OFFICERS' INDEMNITY FUND COAL MINE CATASTROPHE INSURANCE FUND FIREMEN'S PENSION FUND And Acts Relating Thereto With All Amendments to Date MARCH 1, 1935 Compiled by J. KIRK BALDWIN, STATE TREASURER Cheyenne, Wyoming 1/ I ~ I' �WORKMEN'S COMPENSATION ACT CHAPTER 12-l R. S. 193 1 Section . 124-101. 124-102. 124-103. Prairie Publishing Co. Casper, \'{yo . . 1935 ~ Name o f law. General p rovis ion s. Provisions exclu siv e, comp ul ory and ob ligatory. 124- 104. Extra-h:iza rd ous occ upations defined . 124-105. Exceptions . 124-106-7 . Definition s. 124-108. Guardian may act fo r persons un de r di sab ili ty. 12-t-109. If other tha n em ploye r is liable. 12-t- 110. T his chapter governs as to liability of employer. 124-111. Blank forms s uppl ied by state treasurer. 124-112. R epo rts of accident. 12-t-113. I 11\'estiga tion by th e di strict judge-Procedure in di sputed cases. 124-11-+. Appeal to sup rem e court. 124- 115. Cou rt ord er record ed - Copies to auditor and treas urer. 124-116. Industrial accident fund-Appropriation 1 124-117. Employers' assessments. 124-118. Filipg of payrolls with state treasurer.124-119. In spectors - Failure to pay assessment Penalty. 124-120. Compensation schedule. 124-121. Additional compensation for disfigurement. 124-122. Compensation for hernia. 124-123. Forfeiture by injured employe- Payments withheld. 124-12-t. Exemption from execution or attachment. 124-125. :Minor workman. 124~126. Extra-hazardous public work-Cont,act work. 124-127. Safety devices. 124-128. Unlawful to receive more than 5 per cent of compensation for services rendered. 124-129. Physician$ required to testify. 124-130. False statement by employee. 124-131. Annual report by state treasurer. 124-132. Examination by state treasurer. 124-133. Disabled workman examined by employer's physician-Recovery reported to court. 12-l-13-t. Employes' statements of dependent persons. 124-135. Assignment of rights and benefits. �4 WORKMEN 'S COMPENSATION ACT *124-136-A. Closing of accounts. .124-136. Actions against employer independent of chapter. 124-137. Reopening of cases. 124-138. Bills to be itemized-Time ~f filing. 124-139. Notification by doctor. 124-140. Awards. 124-141. Deferred payment account. 124-142. Bribery. 124-101. Name of law. This chapter shall be known as the "workmen's compensation law." [L. 'IS, c. 124, § 1; C. S. '20, § 4315. Workm~n•s con1pc~s~tion act wou)d be ,·alid as to the remainder «:ven _1£ the_ prov1s1on for non-payment for the first ten days was mvahd, being severable. Zancanelli v. Central Coal & Coke Co., 25 Wyo. 511, 173 P . 981. \V_o~kmen's compensation act is \talid , and not contrary to any prov1S1on of the state or federal constitutions. Id. \Vorlancn's compensation act docs not violate amendment to «;onst.,, a~t. l 0, § 4, providing compensation "to each person inJ!!red, . m that no compensation is allowed for first 10 days of d1sab1hty. Id. . Workmen's compensation act, § 124-113, does not deny the nght of an cmployc to be represented by counsel in view of § 124•128, relating to fees of attorneys. Id. ' Workmen's compensation act is not unconstitutional in that the provision that children over the age of 16 shall not be considered dependents unless incapacitated. Id . \Vorh.--rnen's compensation act is not unconstitutional in that nonresident alien family of deceased employc shall receive only 33 per cent of amount allowed to residents of state. Id. This chapter held, not based on unreasonable classification, citing canst. art. l § 34. Ideal Ilakery v. Schryver, 43 \¥yo. 108, 299 P. 284 . Under § 124-124. providing that no money payable under this chaipter. shall, prior to issuance and delivery of warrant therefor, "pass to any other person by operation of law," the rights of an injured employe to , compensation provided for in §§ 124•102, 124-103, 124•113, did not pass to his administrator as an asset of his estate on his death after a ward had been made, but before tbe issuance or delivery of the warrant provided for in § 124-115, since in its ordinary and usual sense within § 112-101, the phrase ccby operation of Jaw," when used to describe a method by which title to property is transferred. includes a transfer by intestacy. La Chappelle v. Union Pacific Coal Co., 29 Wyo. 449, 214 P. 587. This chapkr cited in State v. Carter, 30 Wyo. 22, 43, 215 P . 477, 484. Findings on evidence in compensation contest conclusive. Standard Oil Co. of Indiana v. Sulliivan, 33 Wyo. 223, 237 P. 253. Award not conjectural, though different finding justified. Id. Under this chapter there is a prima facie right to compensation when disability or death is result of an injury sustained in ext;ahazardous employment and the right thereto should not be demcd unless the injury was due solely to the negligence of the work• man whose injury or death is the basis of the claim, and the burden of proving such affirmaitivc defense is on the employer, in view of § 124-112. Hotelling v. Fargo-Western Oil Co., 33 Wyo. 240, 238 P. 542. '.Total disability sl:ould not be declared permanent, unless cer• tam. Carter Oil Co. v. Gibson, 34 \Vyo. 53, 241 P. 219. Evidence held, to justify finding that total disability was per• manent. Id. Legislature may impose duty on court reporter of making transcripts oi compensation cases free of cost. In re Winborne, 34 Wyo. 349, 244 P. 135. .__,...__,it-=: •T ~ hi;,:;s.,;s~e~c,tion omitted in R. S. 1931. WORKMEN' S COMPE NSATION ACT 5 This chapter cited in construing §§ 124-1 04 and 124-IO i. In re Karas, 34 Wyo. 35 7, 243 P . 593. Rule that ~n case o f conflic ting evidence appellate court wiJl not . reverse Judgment support ed by substantial evidence, hc1 d, a.pphcable to cases under this chapter. ?\fcl\f ahon v. Midwest Refining Co., 36 Wyo. 90, 252 P . 1027. This chapter cited in constru ing certain sections hereof. In re Hibler. 37 Wyo. 332, 26 1 P . 648. This chapter cit ed in R cin lsma v. Standard Oil Co., 37 W yo. 4il, 263 P . 619, annotated under § 124 114. Cited in construing ~ 124-112. In re ~rartini, 38 \,Vyo. 172, 265 P . 70i . In re McConnell v . l\lu rphy Ilros., 45 \Vyo. 289. 124-102. General pro"isions. Compen sat ion herein provided for shall be paya ble to persons in jured in extra-hazardou s employm e nts, as herein defined, or the dependent fam ilies of such, a die, as the r esult of such injuries, except in case of injuries du e solely to the culpable negligence of the in ju red cmp loyes. Said compensation shall be payable from fund s in th e state treasury to be acc umul ated and maintained in the maner herein provid ed. The right of each empl oye to compen sation fr om such fund s shall be in lieu of and shall take th e place of a ny a nd all rig hts of act ion against any employe r contributing, as required by law, to such fund in favor of a ny such person or per sons by reason of any such injury or death. Sections 23129, 89-403 and 89-404, and all laws or parts of law s relating to damages for injuries or death from injuries ::ir in anywise in conflict with this chapter are hereby repealed, as to the employments, emplpyers and employes coming within the term s of this chapter. [L. '15, C. 124, § 2; C. S. '20, § 4316. Quoted in Zancanelli v. Central Coal & Coke Co., 25 Wyo. 51 l, 173 P. 981: and in Ideal Bakery v. Schryver, etc., 43 Wy o. 108. 299 P. 284 . Cited in La Chappelle v. Union Pacific Coal Co., 29 \¥yo. 449, 214 P. 587. annotated under § 124-101. The word 11 solely," as usc<l in Const. art. 10, § 4, and this section. enacted pursuant to authority there given, is a word of exclusion. and may he usecl to mean "'only" or "e..xclusivcly, 0 and as used must be given a reasonable meaning, in view of the known policy of thiis chapter. Hotelling v. Fargo--\Vestern Oil Co .. 33 Wyo. 240, 238 P . 542. Proof held. insufficient to sustain affirmative defense that workman's death was due solely to his own negligence; fellow workman's negligence immaterial. Id. City cmploye, injured while impounding animals, which occupation was not within compensation law, could not recover compensation, though also employed as truck driver, which was within law. Leslie v. City of Casper, 42 Wyo. 44, 288 P. 15. 124-103. Provisions exclusive, compulsory and obligatory. The rights and remedies provided in this chapter for an employe on account of an injury shall be exclusive of all other rights and remedies of such employe, his pers·onal or legal representatives or dependent family at common law or otherwise on account of such injury; and the terms, conditions and provisions of this chapter for the payment of compensation and the amount thereof for injuries sustained or death resulting from such injuries shall be exclusive, -compulsory and obligatory upon both employers and employe_§ cpming wit!}i_n the provisions hereof. [L. 'IS, c. 124, § 3; C. S. '20, § 4317. Q;oted in Zancanelli v. Central Coal & Coke Co., 25 \¥yo. 511, 173 P. 981. Cited in La Chappelle v. Union Pa~ific Coal Co., 29 Wyo. 449, 214 P. 587, annotated under § 124•101. �\VORIOI EN'S CO ~[ PENSATI ON ACT WORKMEN 'S COMPENSATION ACT 124-104. Extra-Hazardous occupations defined. The extr~-hazardous occupations to which this chapter is ap?h~able arc as follows : Factories, garages, mills, prmtmg plants and wo rk-shops where m achin ery is used; foundrie s, blast furnaces, mines, oil well s, oil refineries, gasoline filling stations a nd bulk oil s tations, gas works, nat ural gas plants, water works reduction works, b. r e we r i es, distilleries, eleva~ors, dredges, c.,cavations, transfe r compa nies, genera l teaming, general trucking, ditch rid er of irrigation districts, smelters, powder works, laundries _operated by power, kitchen ~mpl oyees a nd waiters, whose employment requires th em to go to an d from kitchens. of hotels, restaurants, a nd bakeries, quarries, eng in ee ring works, logging, lumber .yard s, lumb ering a nd saw mill operations, dud e ranchin g . s treet and interurb an railroads not e11gagecl in interstate commerce, buildings being constructed , r epaired, m oved o r demolis hed, painting operations, tele,r>Iio nc, teleg raph, electric light or power plants or lines, steam hea ting or powe r plants, railroads not e ngaged in inter state com merce, bridge building, the occupations of city or tow n firemen and city q_r town policeman, and all empl oy ments wherein a PI.occss rcguiring the use of a ny dangero us explosives or inflammable materials is carried on, which is conducted for the purpose of business trade or gain, each of which employment is hereby determined to be extra-hazardous a nd in which, from th e nature, conditions or means of prosecutio n of th e work therein required risks to the life ai1d limb of the workmen engaged therein arc inherent, necessary or substantiallv unavoidable. This chapter shall not apply in any ~ase where the injury occurred before this chapter takes effect, and to al1 rig hts which have accru~d by reason of any such injury prior to the taking effect of this chapter, shall he saved the remedies now existing therefor. [L. '31, c. 94, § 1; amending L . '29. c. 46, § 1; L. '23, c. 60, § 1; L , '21, § 138, § I; C. S. '20, § 4318; S. L . '35, c. 100. 124-106-7. Definitions. In this chapte r unl ess the context otherwi se r equ ires: • Questions of neg-Ji(!"encc ior injury rccei,·c<l in extra-hazardous occupations stake!. Hotdling "· Fargo-\Vcstcrn Oil Co .. 33 \\'yo. 240. 238 P . 542. PJa.stercr. contracting- to mo,·e hou se :ind hiring helper. held. employer rnl,!ag-e<l in moving huiildings. In re Karas, 34 ,vyo. 357, 243 P. 593. Cited in L esliP , ·. 1ity o f Ca sper. 42 Wyo. 44. 288 P . 15, annotat ed under § 124-102. Quot<:<! in Ideal Bakery "· Schry ver, etc., 4J \\' yo. 108. 299 P. 284. 124-105. Exceptions. This chapter shall not be construed to apply to business or employments, which. accordini! to law arc so engaged in interstate commerce as to be 1iot subject to the legislative power of the state nor to persons injured while they are so engaged, nor to any cmploye engaged in domestic ser_vice, ranch, farm, agricultural, or horticultural labor, or stock raising, or any person holding an appointment as sheriff, or deputy sheriff, or constable or deputy con stable. [L. '23. c. 60, § 2, an1ending ~§4319. 7 (a) "Factories" mean an y prem ises wh er e power is used in manu factur in g, mak ing, altering, adapt in g, ornamentin g, fin ishin g, r epairi ng or renovating, any article for the pu rpo_e of trade or gain, or the business carired on th erein , inclu din g expressly any brick ya rd, meat packing hou se, fou nd ry, m elter, ore reduction works, lime-burning plant, stucco plant, s team hea ti ng plant, electr ic lig htin g or power pla nt, incJ.ud ing all works in or dir ectly co nnec ted with th e construction, in stalla tion, operat ion, alteration, r emo \·al or repair of wires, cables, s witch boa rds or apparatus use d fo r th e transmi ssion of electric current, an d water power plant, including towe r and standpipes, po wer pla nt, blas t fu rnaces, paper m ill, pri ntin g plant, flo ur mill, glass factory, cemcn~ plant, artificial gas plant, machine or r epair s hop, oil plant, oil refinery plan t and chemical manufact ur ing plant; (b) "V.rork shop" means any yard, plant, premises, room or place where powe r dri ven ~1ach ine ry is employe d and manual labor is exe rcised by way of trade or gain, or otherwise inc idental to the process of making, altering, r ep ai ri ng, printi ng o r orna mentin g, finishing or adaptin g for sale or oth erwi se an y article or part of ar ticle, over wh ich premises, room or place th e employe r of th e person \yorking therein has the right of access or con trol; (c) " :Mill" m ea ns any plant, premises, room o r place where machinery is used, any process of machinery, changing, alterin g or re pairin g any art icle or commodity for sale or otherwise together with the yard s and premises which are a part of the plant including elevators, warehou ses and bunkers, saw mill, sash factory or other work in the lumber industry; (cl) "Mine" means any opening in the e<!I,th 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 tl1ose in the course of being opened, sunk or driven. and includes all the appurt~nant 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 removed from the earth · for · the purpose of trade or bargain or of the employer's trade or business; t (f) ''.Building work" means any work in the erection, construction, extension, decoration, alteration, _repair or demolition of any building or structural ap- . purtenances; (g) "Engineering work" means any work in the construction, alteration, extension, repair or demolition of a railway (as hereinbefore defined) bridge, jetty, dike, dam, reservoir, underground conduit, sewer, oil or gas well, oil tank, gas tank, water tank or tower, or any caisson work in artificially compressed air, any lj �I /8 ?f' WORKMEN'S COMPENSATION ACT / ' /work in ?redgjn_g, work . on log or lumber rafts or bo~ms; i;iile dnv1:i?", movmg buildings, moving safes, or m laying,_ repam_ng or r~mo".ing u~1derground pipes and C~l!..nections;. the erection, mstallmg, repairing, or remo:'mg o~ bo1l~rs, fun_1aces , engin_~s and pow er machmery (m~ludmg_ bcltmg and other conections) ; '.3'lld any work 111 gra_gmg or excavating where shoring 1s neceJsary or pow~r machinery or blasting powder dynamite or other high explosive is in use (excludin g mining and quarrying); (g-1) "Dude ranching" for the purpose of thi s cha~ter is defined and !!J.ea_ns a ranch_ conducted primarily for th~ accomodat1on and entertainment of guests for monetary consideration; (h) "Employer" includes any municipality, county, person or body of persons, corporate or incorporate and the le!f11 representative of a deceased employe; or the receiver or a trustee of a person, corporation association or partnership; ' (i) "Vvorkman" means any person who ha s ente r ed 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 clerica_l work, aJ_1d_ not subject to the hazards of the business, or one holding an official position. The term "workman" shall include " employe" and the term "employe" shall include "work-ma!!" and each shall include the singular and plural of both sexes. Any reference to a workman who has been injured shall, where the workman is dead, include a reference to his "dependent family" as hereinafter:_ defined, or to his legal representative, or where the workman is a minor or inco!}'lpetent to his guardian or next friend; (j) "Dependent families" as used in this chapter means such members of- the workman's family as were wholly or in part actually dependent upon the workman for support at the time of the injury. No spouse shall be entitled to the benefits of this chapter nor shall such fact influence any awards made hereunder unless he or she shall have been married to the workman by a marriage duly solemnized by legal ceremony at the time of the injury; (k) "Child or children" means the immediate offspring or legally adopted child or children of the injured workman, boys under eighteen (18) years of age and girls under eighteen (18) years of age (and over said age, if physically or mentally incapacitated from earning) and shall also include legitimate children of the injured workman born after his death or injury. In other cases, questions of family dependency in whole or in part shall be determined in accordance with the fact, as the case may be, at the time of the injury; the foregoing definition of "dependent families" sh_all not }n_clude any of the persons named, who are aliens res1dmg beyond the jurisdiction of the United States o~ America, except a surviving widow or boys . u~der eighteen (18) years of age or girls under ~!e':~ 08) years of age, or parent or parents, and ~ --~uch non-resident aliens the rate of compensa- WORKMEN 'S COMPENSATION ACT 9 tion shall not exceed thirty-three and one-third per cent (33½ % ) of the rates of compensation herein provided; (I) The words "injuries su stained in extra-hazardous employment," as used in thi s cha pter, shall include death resulting from injury, and in juri es to employes, as a result of their employ ment and while at work in or about the premises occupied, used or co ntro ll ed by the employer, and injuries occ urrin g elsewhere w hile at work in places where th eir em ploye r's bu sine s requires their prese nce and subj ects them to extra-hazardous duti es inc ident to the business, but shall not include injuries of th e em ploye occurring wh il e on his way to ass um e th e duti es of his employment or after leaving such duties, the proxim ate caus e of which injury is no t the employer's negligence; (m) T_he words " injury and personal inj ury" shall not include injury ca used by th e wilful act of a thi r d person directed aga in st an em ploye for r easons personal to such employe, or beca use of hi s employmen t : nor a dis ease, excep t as it shall directl y result from an injury incurred in th e emp loymen t ; (n) "Invalid" mean s one w ho is ph ys icall y or me ntally incapacitated from earning wages. \Vhcther cmploye's work is casual or fo r purpose of employer's trade or bu siness, within thisi section, defining workm an, depen ds on iacts of individu al case. In re Ka ras, J4 Wyo. 357, 243 P . 593. Hou se mover's cmpl oye, driving tractor, held , workman, within compensation Jaw, thoug h employment was casual. l<l. Subdivision (I) held, to include injuries suffered through the performance of all duti es ol the employment, whether m::iin or incidental thereto but called for by it. Ideal Bakery v. Schryver, etc., 4J Wyo. 108, 299 P. 284. Cited In re Martini , JS \\' yo. 172, 265 P. 707, annotated under 124-112. 124-108. Guardian may act for persons under disability. In case an injured workman is mentally incompetent or a minor, or where death results from the injury, in ease any of his dependents, as herein defined be mentally incompetent or a minor, at the time when any right, or privilege accrues to him under this chapter, his guardian may, in his behalf, claim and exercise such right or privilege and no limitation of time, in this chapter provided for, shall run, so long as such incompeten_t or minor has no guardian. [L. '15, c. 124 § 7; C. S. '20, § 4322. 124-109. If other than employer is liable. Where an employe coming under the provisions of this chapter receives an injury under circumstances creating a legal liability i_n some person other than the employer to pay damages in respect thereof, and no legal liability attaches to the employer, then and in such case such employe shall be left to his remedy at law against such oth_er person, and eq_mpensation s!:!_all not be payable under this chapter. [L. '15, c. 124, § 8; C. S. '20, § 4323. 124-110. This chapter governs as to liability of employer. No contract, rule, regulation or device whatsoever shall operate to relieve the employer, in whole I!i �12 WORKMEN'S COYfP ENSATION ACT 1- - - - - - - -- - -- - - - - -- \bY _him ascertained and the terms of this chapter . If here be a_dispute, as to tl~e right o _£said injured emloye or his dependent family t9 receive compensation, r as_to_the amount thereof, then it shall be th e duty ~11f said Judge to set the case down for a hearing a t the earliest possible date and to direct notice of such hearing to be issued by the cl~rk of said ~ourt for servic,; upon the employer and the employe at least sev_en (7~ days_ before the date fixed for said hearing, which said notice shall be served by the sheriff of said county without expen se to either party, except th a t his actual traveling expenses shall be allowed and taxed, as costs. The hearing shall be conducted upon the statement ~nd report filed by the employe r, arid such formal claims as may be presented and fil ed w ith the clerk of the district court by or on behalf of t he injui:e~ workman. If the e1111)loyer, in his report of the miury, all eges that the i1tiury was due solely t o the culpa_Qle negligence of the injured employe, or th a t the cla1pi for compensation is one not coming w ithin the provisions . of this chapter, then a jury may be demanded by either party and the cause shall be tried as a court p..roceeding. If a jury is demanded, it m a; be selected from nan1es dra\\'n from the five mile limit jury box, as in civil cases, at any time in term t ime or vacation unless a regular jury panel be in attendance at the co~rt on th~ date any such hearing may ?ccur. The takmg q_f evidence shall be summary, g iving a full opportunity to all parties to develop the fact s fully. The official c_Qurt reporter of the district court shall attend the hearing anj make a stenographic report of the evidence without cost to either party. The court or judge shall direct the county and prosecuting attorney, or other competent attorney appointed by the court to conduct the examination of witnesses on behalf of the injured workman, and it sl1all be th e ?uty ~f said attorney to appear and perform s~ch service without ~xpense to either party. The employer may appear 111 person or by counsel and introduce evidence at the same hearing. No costs shall be taxed by !he clerk except fees for witnesses, w ho may be subJoenaed and who shall be allowed the same fees. for atendance and mileage, as is fixed by law in civil actions, and jury costs §.hall also be tax~d. All such c?sts shalJ be paid from the accident fund, if th e ver?1ct a~1d Judgment be in favor of the employer; but if agamst the _employer then he shall pay the costs. At the conclus1on of the hearin g, the court shall enter an order pursu~nt to_ the_ verdict of the jury, if a jury be called, and 1f no Jury be called the court or judge shall render a decision upon the facts and law of the case pursuant to the_ provisions of this chapter~ and make an order allo\1/Jng or disallowing com_Qensation, as t~e law and the evidence may warrant. In-any pro- · cee?mg before a court or judge, as aforesaid, the court ?r Ju1ge sh~ll have . a~tho_rity to appoint a duly qualified llllPartJ~l phys1_c1an to examine the injured employe and_ give testnnony. The fee for such service shall be five doll_ars ($5.00), unless otherwise ordered , by the co~rt, with mileage allowance, as is allowed to _other w1tnes~es, which shal be taxed as costs, and pa1d as other witness fees are paid. The employer or emp 1oye may, at his own expense, also appoint a WO RK MEN 'S COMPENSATI ON ACT 13 qualified phys ician, wh o may e ttend and be present at any such examinati on of a n in jured em ploye a nd give testimo ny at such heari ng or inves tigation. Where an aw ard of compensation has bee n made in favor of an injured employe, a n app lica tion may be made to the court by either party, any _time after o ne year fr9m th e date of the awa rd. for a modificatio n of the am ount of th e award, on th e ground of increase or decrease of inca pacity du e solely to th e inju ry, or upon the ground of mistak e or fraud. [L. ' 15, c. 124, § 12 ; C. S. '20, § 4327, S. L. '33, C. 129, § 2; . L , '35, c. 100. Thi s section does no t deny the right of a.n emp loyc to be rep• resented by counsel , in view o f § 124-128, relating to fees of attorneys. Zancanelli v. Central Coa l & Coke Co. , 25 W yo. 511, l i3 P. 981. Court in co mpensation proceeding held, authorized to secure expert tes timony on effect of injury. though bearing o n ultimate fac t. Saka moto v. Kemmerer Coal Co., 36 Wyo. 325, 255 P. 356. Refu sal to take com pensa tion case from jury after employer admitted there was no evidence o f worlanen's cupable ng ligcnce, held. n ot error. In re Hibler, 37 Wyo. 332, 26 1 P. 648 . Hearsay tes timo ny of deceased employ c's wife, concerning cmployc's s tat ements rlating to inju ry, adm issible where no objection was made at trial. Ideal Bakery v. Schryver, 43 \ Vyo, 108, 299 P. 284. Cited in L a Chap pelle v. Union Pacific Coal Co. , 29 ·w yo. 449. 214 P . 5Si , annotated un de r § 124-1 01. C ited in ~lidwes t Refin in g Co. v. George, 4 1 Wyo. 55, 28 1 P . 1005, annota ted under § 124- 140. ?\I idwcs t R efin ing Co. v. George, 44 \\Tyo. 25. 124-114. Appeal to i,upreme court. A ny ord er given a nd made in an y in vestigation or hearing by a cou rt or judge, pursuant to th e provisions of this chapter, shall µ_e revi ewable by the state supreme court on proceedings in error in the manner prescribed by th e code of civil procedure; provided, however, that the petition in error, bill of exceptions and record on appeal must be filed in the suprem e court within seventy (i0) days from the date of decision or order on motion for new trial by a court or judge, unless the time be extended by order of court or judge; and fi(teen (15) days shall be allowed plaintiff in error thereafter for filing brief, and fifteen (15) days thereafter shall be allowed defendant in error for filing brief, and said appeal shall be advanced on the calendar and disposed of as promptly as possible. In case an appeal to . the supre!J.le court is p.rosecuted on behalf of the in'}ured workman, the county and prosecuting 11,ttorne:v, or other attorney representing said workman, shall order a transcript of the record of the hearing and proceeding to be prepared by the official court reporter of th_g district w.l!_erein said injury occurred and duly certified without cost to said injured workman, and said county and prosecuting attorney or other attorney shall order the papers on file in the office of the clerk of the district court to be by said clerk prepared, transcripted, certified and forwarded to the clerk of the suprem~ court, without CO§t to the iruured workman, and the proceedings in the supreme court, shall be conducted on behalf of the injured workman by the attorney general of the state as part of his official duties, and by any other attorney representing �WORKMEN'S C01v!PENSATION ACT WORKME N'S COMPENSATI O ACT 15 said workman. In case an appeal be prosecuted on behalf of the employer, the record of the proceedings at the original hearing shall be supplied without cost to such employer, but such employer may employ cqunscl to conduct such appeal on his behalf. The court granting a·n appeal to an employer from an order of award shall stay, until the appeal is finally determined, the payment of said award or that portion ther~of appealed from upon such terms as may to the court seem just and proP._er. [L. '31, c. 73, § 59, amending L. '25, C. }24, § 2 ; C, S. '20, § 4328. shall 'be immedia tely made a nd certifi ed by said clerk and forwarded to t he sta te a ud ito r and sta~ treasurer, respectively, of W yomin g, a nd sha ll be by eac h of said officers entered upo n a r ecord to be kn ow n as the compen satio n docket, and sha ll be the authori ty and direction of th e sta te auditor to issue wa rrants for com pe nsation award against the industrial accident fund a nd fo r the tate trea mer to pay such compensation aw a rds frorp sa id fun d. [L. '15, c. 124, § 14; C. s. '20, § 4329. Law permitting- retention of fees by reporter for transcripts he1d. not to repeal Jaw requiring transcripts in compensation cases to be fumished without cost to parties. In re \Vinborne, 34 \,Vyo. 349, 244 P. 135. Cited in L a Chappelle v. Union Pacific Coal Co., 29 \\"yo. 449, 214 P. 587, annotated unde r § 12·1-101. Cost of transcript, in appeal under thisi chapter, not contingent c,..-pensc payable out of industrial accident fund, nor from interest earned by said fund. 124-116. Industrial accident fund- Appropriation. There is hereby created a fund to be known as the "industrial accident fun d," which shall be held by the state treasurer a nd by him deposited in such ba nks as are auth ori zed to receive deposits of the fu nds of the state. T he treas urer in making sa id deposits shall divide th e said industr ial accide nt fu nd into tw o distinct fund s, one lo be kn o wn as the "ge11eral fund" and the other to be · know n as th e "r eserve fund." The "general fund" as near as may be, shall be used for p~yment of all awards, claims and items of expense chargeable against the industrial accident fund, and the "reserve fund" shall not be used for any of said payments unless the "general fund" at the time is insufficient to meet the demands upon it, in which case the treasurer shall transfer from the "reserve 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 and unusual demands upon the industrial accident fund which might be caused by a large disaster or by several such disasters occurring within a short time, and .the "reserve fund'.' shall be kept apart from the "general fund," a~d as near as may b!! unus~d in accordl!_nce with said purpose. The state treasurer shall set aside in the "reserve fund" at the end of each month twenty-five per cent (25%) of all moneys received in the industrial accident fund during said month in excess of the amount expended, the balance of moneys so received to be used in the "general fund." Three-fourths of the "reserve fund" shall be as near as may be kept invested in United States government bonds, state, county, school district or municipal bonds. All moneys received by the state treasurer under the provisions of this chapter shall become a part of the industrial accident fund. All fees or mileage of witnesses, jurors and physicians adjudged to be paic! from the accident fu!!d in any court proceeding under this chapter, and all contingent expenses incurr~d in preparing for and in the ad.m inistration of this chapter shall be P,aid from the industrial accident fund ·on proper vouchers and warrants. [L. '31, c. 73, § 60, •amending L. '21, c. 65, § 1; C. S. '20, § 4330. Judgment on substantial evidence in compensation case is conclusiYe. 11fcll[ahon v. Midwest Refining Co., 36 \Vyo. 90 , 252 P. 1027. \Vherc petition in error and record in compensation case were not filed within time limited. the supreme court was without jur,isdiction. Ritsma v. Standard Oil Co .. 37 \Vyo. 471, 263 P. 619. ~fotion for new trial, under this section, n1ust be filed wit.hin 10 days from final order. and, where not so fik-d , error proceedings must be dismissed where motion for a new trial was neces sary. Standard Oil Co. v. Buchanan, 39 Wyo. 372, 271 P. 876. Procedure on appeal in ordinary civil cases applies to cases under compensation act, except as otherwise provided. Id. Assignment of error in motion for new trial not urged in brief is waiYed. Ideal Dakery v. Schryver, 43 Wyo. 108, 299 P. 284. Unless an appeal frOm ::m order, in proceedings under this chapter, is perfected by filin!<' record in supreme court within 30 days thereafter as required by this section, or as extended by order of court or jjudtJC, the supreme court has no jurisdiction of the case on appeal. In re Krivokapich, 41 Wyo. 9, 281 P . 195. F~ilurc of parties appealing from award of compensation proceedtngs to file record within statutory period required dismissal. Id. Case dismissed for failure to perfect appeal in time. l\'[arsh v. Aljoe, 43 Wyo. 345. . Procccdin,qs heh!, rc,·icwablc hy direct appeal except where altered, in \'iew of this sction. Marsh v. Aljoe, 41 \Vyo. 119, 282 P. l055. District court held. authr:irizcd to make second extension order for perfecting appeal to supreme court. Id. Rit::h! of compensation cJaim::mt to attorney general's services must yield to state trcas1.rc:r's right thereto, ·when he petitions to reopen ca~e. Id. Supreme court has no jjurisdiction of appca.1 in compensation procccding-s taken after expiration oi statutory period , therefore without order c-xtcnfling time.. In re Canlas , 42 Wyo. 59, 289 P. 368. General km1 s oi compensation law. fixing time for filing record on appea1. were applicahlc to filin~ record in compensation cases uncle,: subsc<Jucmly created appellate procedure. In re Contas, 42 Wyo. 9~. 291 P. 314. To entitle record on _appeal to he filed within statutory period, docket fees mus t he pa1il to cleric within time allowed. Id. A1,pellant has dut y of seeing that his record on appeal is for\\ a r (lt:tl to supreme court a 3 rc,1uirecl by law. Ic1. 124-115. Co~ order recorded-Copies to auditor ~d treasurer. _Jwery order given and made by a district ~ourt ?r Judge awarding payment from the industrial acc1de1_1t fund to an injured employe or his dependent family, shall be entered of record by the clerk of the court where given and true copies thereof "'Contingent expenses" payable out of industrial accident fund. refers only to expenses in :ad~inis_tration of state df:p.artments, docs not include cost of transcript m appeal under thlSl chapter. 1n re Winborne, 34 Wyo. 349, 244 P. 13S. I' �TI I 16 I WORKME N ·s CO M P E NS ATION A CT \,VO RK MEN'S COMPE N SAT ION ACT 124-117. Employers' assessments. Every employer who shall engage in any of the extra-hazard~u s occupations defined in this Act shall at th e tim e of commencing such employment pay to . the State Treasurer for credit upon the account of such employer in 'the indu strial accident fund, an initial sum of fifty dollars ($50.00) . E very employer en gaged in any of the occupati? ns herein d<;! fined as ex tra-haza rdous is hereby required to pay mto the sta te tr easury for' the benefit of th e industrial accident fund a sum of money equal to on e and one-half per cent. (l ½o/o ) of the money earned by each of his employes engaged in such e..xtra-hazardous employm ent dur ing each calendar month of such employment. S uch payment shall be so made on or before th e 15th day of the month following the month for which such p ayments are computed a nd paid . E ach employer shall continue to make monthly contributio ns as a bove pr ovdied unless his account, after making the her einafter specified deduction s therefr om, shall eq ual full t\\' O per cent. (2 %) of his anual payroll computed by multiplying his current month' s pay roll of workm en engaged in extra-hazardou s employmen t by tw elve and shall likewise be not less than three th o usand dollars ($3,000.00); provided ,- how ever, that any employer whose account is overdrawn shall be r eq ui red to pay monthly a sum of money (includin g th e pa yments as above specified) equal to four per cent . (4%) of the money earneg by each of his employcs engaged in such extra-hazardous employment d urin g each calendar month of such -employment until such overdraft shall be paid. Such employ er shall n ot b e compelled to contribute w hen his contribution s in the fund. after making deductions as afo resaid , shall equal two per cent. (2 %) of his annual payroll , a nd shall likewise be not less than three thou sa nd dollars ($3,000.00) . T he se rvice a nd policing cha rge shall be comp uted on the monthly prem ium paid by th e in divid ual employer in to th e state tr ea sury fo r th e benefit of th e indu strial acc ident fun d du r ing each calc1.1dar m on th, or on the premium w hich th e em ploye r wo uld have been r equir ed to pay ha d not the am oun t of the employer's balance r elieved him fr om the paymen t of a premium . In addition to the other payments required by this section to be paid into the indu strial accident f1:1nd, every employer engaged in any of th e occupat10ns herein defined as extra-hazardous shall make a payment to be kno\\'n as a ''service and policing charge." Such service and policing charge shall be paid b?' the employer into the sta te treas ury for the be nefit of the industrial accident fund and shall not be credited to the balance of the employer contributing. The amount of balance in the industrial accident fun_d to the employer's credit shall not relieve him _his duty and liability to pay the service and pohcmg charge; provided, however. that no employer wh~ pays for any calendar month four per cent. (4 % ) 0 the moneys earned by each of his employes engage<1 in such extra-hazardous employment during su_ch cald endar month shall be compelled to pay a service an policing charge for such mpnth. o! Eve:y employer, . who, f?r any reason , in:cludi~~ cessation of operations, fails to pay a service a policing charge of not less than tw9 ($2.~0) dolla:5 during each calendar month, shall be reqmred to 1? Y an initial sum of five ($5.00) dollars upon re.sumin~ or being required to resume payment of service an policing charge. 17 The am ount of the se rv ice and policing charge shall be determin ed according to th e fo ll owing sched ule. Se rvice an d Policing Charge \/\There th e monthly payment is for month less than $' H).01... .............................................. ~ .$ 2.00 10.01 to 20.00 ....... ... ................ ... 3.00 20.0 1 to 30.00 .. ....... .. ............ .. ...... 5.00 30.01 to 40.00................................ 7.00 40.01 to 50.00 ................. 9.00 50.01 to 60.00.... . 1l.00 60.01 to 70.00 ... 13.00 70.01 to 80.00................. 15.00 80.01 to 90.00 ..... 17.00 90.01 to 100.00 ....... .. ... ..... ..... .. . I 9.00 I 00.01 to 150.00 .... .. .. ......... .. ...... .. . 25.00 150.01 to 200.00 ... .... ............. 45.00 200.01 to 300.00 . 50.00 300.01 to 400.00 ............................... 60.00 400.01 to 500.00 .. ........ ................... 75 .00 500.01 to 750.00 .... .. ................... ... ... . 11 5.00 750.01 to 1,000.00 .... ... ...... .... ... ........ .... 125.00 1,000.01 to 1,500.00 .. ....................... 150.00 1.500.01 to 2,000.00 . .......................... 175.00 2.000.01 to 3.000.00. .. ... ......... 200.00 3,000.01 to 4;000.00 ... .. ............. ............ 225.00 4,000.01 to 5,000.00... .. .... .. ...... ... ...... 250.00 Over 5,000.01.. ......... .. ................ . ..... 275 .00 Provided, however, in that the expense of the administration of this chapter and of making the collections herein fixed , is greater as to non-resident employers engaged in 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 monthl y premium paid by non-resident employers en·g aged in extrahazardous occupations, sh:i,11 be double the foregoing schedule, as the same applies to resident employers engaged in extra hazardous occupations. "Non-resident" employers of extra-hazardous occupations shall give borrd or other security in the sum of five hundred dollars ($500.00), to be ~pproved hy the State Treasurer or his deputies, before sta rting the work. The contract of said bond or other security shall be conditioned that the said employer will faithfully perform all the duties imposed by this Act upon employers engaged in extra-hazard~us occupations and promptly pay into the state treasury, at the time and in the manner set forth in Section 124-117 of the Revised Statu't"es of Wyoming, 1931, and all Acts amendatory or in aid th~eof, the sums of money required to be paid by employers in extra-hazardous occupations. Ancl to this end, "non-resident" em- I I I ii jl 1! ii Ii I �WORKME N'S COMPENSA TI O 18 WORK~lE:1\'S CO~[PENSATION ACT ployers engaged in extra hazar_dous occupations are her£by requi~d, before starting work, and from time to time after such work has h_een started, to report to the State Treasurer the nature and progress of such work, the location of the same and the number of employes engaged in and upon the work and likely to be so engaged for the next thirty (30) days givin g such further and detailed information as the State Treasurer-mar reasonably demand. The willful failur e or negligence on the pai::_t of any "non-reside nt" em ployer of extra-hazardous occupations to give said security, to make the reports, and/or to furnish th e information required b,· this Section, shall be a m isdemeanor, and upon conviction. such em ploye r s hall be punished by a fine of not less than five hu nd red dollars ($500.00) or more than five thou sand dolla r s ($5,000.00) , recoverable with costs in any co urt of competent jurisdiction. Provided, how ever, that " nonresident" employers of extra-hazardous occupat io ns shall not be required to give bond or other ,sectll"ity for any payment or payments required of th em fo r the "service and policing charge" reciuired by thi s Section. And the requirements of this Sectio n that "non-resident" employers of extra-hazardous occupations shall give bond or other securitv. shall no t ap ply to "service and policing charges" herein provid ed . The term "non-resident" employers of extra-haza rdous occupations, in this connection, shall be construed as an employer of labor engaged in extra-hazardous occupations, who for the previous twelve months has not been a continuous contributor to the compensation fund as in this Chanter nrovided. and who has not been bona fide domiciled in, or a resident of the State of Wyoming continuously for the preceding twelve months next prior to eni:r~agin,:(" in the business of an "employer of labor in extra-hazardous occupation." \Vhen any such employer. shall contribute to said fund as required b~, tl}is Chapter, for twelve conseetttive months immediately prior to the commencement within this State of the occupation, the requirrment to ·pav double the service and police charge shall cease. For the purpose of encouraging care on the part of the emplovers and thus decreasing accidents to emploves, ?nd to the end that each employer shall compensate all injuries to the workmen of such employer and not those of other employers, the State Treasurer shall keep a separate account for each emplover ~o contributing to said fund anrl shall charge aQ"ainst the account of each emplon•r all warrants paid from the industrial accident fund: (a) As awards for injuries to employcs of such employer: (b) In payment of medical and surgical supplies aml medical or hospital attendance· of an employe 0 .f such employer; <c) In payment for investigations of accidents . of such employer, or in payment in investigations of 111 juries t_o his employes; (d) In payment of witness fees and other costs 3:s herein provided in cases wherein an order of award 15 ACT 19 granted to the employc of such employer. [L. '27, c. 111 § 2; L. '25, C. 124, § 3; L, '23, C. 60, §7; C. S. '20, § 4331; S. L. 33, C. 129, § 3; L. ' 35, C. 100. Cited In r e Wi nborn e, 34 W yo. 349, 244 P . 135, a nnota ted under § 124-114 . 124-118. Filing of ·payrolls with state treasurer. I t shall be the duty of each emp loye r to fo rward to the state trea surer, on a bl an k fo rm prov ided by said state tresaurer, a tru e copy of his pay roll of pe rso ns in his employ en gaged in £2( tra-h azardo u emplo)-;ment d uring th~ curr~nt ca lenda r m onth, sworn to ei th er by himself or th e pe rson havin g knowledge of said payrolls. E ach em ployer, un le otherwise up plied with the last above blaryj;: fo rm s, shall seasonably app ly to said state treas urer for th e sam e; and any employer who shall fail , neglec t or refuse to furnish s uch true copy of his payroll of persons in hi employ, or s hall refuse to malce the month ly premium payments as provided by th e term s of this cha pter wh en they become due, and again st wh om an award is made to any in jured workman in hi emp loy, shall be personally liable to th e state of \;I, yom ing, fo r th e us e and benefit of the industrial acc id ent fund, to be recovered by suit broug ht by the sta te on the rela tion of the state treasurer, in a sum equa l to suc h award or awa rd s as arc entered fo r payment fr om th e workm en's compensation fund, of the state of Wyoming. The entry of final ord er by the judge of a district court havin g jurisdiction of such ca use approving and allowing an award of compen sation shall be prima faci e proof of the liability of an employer so failin g to comply with this provision of this £_hapter ; provided, that nonresident employers, upon engaging in any extrahazardous occupation as defined in this chapter, and having in their employ work,nen performing such extra-hazardous work, shall be deemed from the date of the commencement of such work, to have designated the secretary of state of the state of \,Vyoming their agent for service of any process upon them in am· action prosecuted hereinunder; and further, provided, that the secretary of state, upon the receipt of any process shall send the same bv registered mail to the address of the addressee only, and shall request that a return receipt for same be furnished. The provisions of this section shall not modify any other provisions of this chapter, but shall be deemed to be in addition thereto. It sh,gll further be the duty of each employe·r heretofore mentioned to notify the state treasurer in the event that he has ceased to employ workmen in occupations of an extra-hazardous nature as defined by this chapter. Any failure of any such employer to file with said state treasurer a i::opy of his payroll as herein provided, shall be a misdemeanor, and an)' wilfully false statement in any affidavit made as herein provided shall likewise constitute a misdemeanor, and any misdemeanor committed in violation of this section shall be punishable by a fine of not more than five hundred dollars $500.00. [L. '29, c. 119, § 1, amending L. '27, c. 111 , § 3; L . '23, c. 60, § 8; C. S. '20, § 4332. I lj I I I �20 WORKMEN'S COMPENSATION ACT \\TORKMEN 'S COMPENSATION ACT 124-119. Inspectors-Failure to pay assessmentPenalty. The state treasurer is authorized and empowered, for the purpose of enforcing the provisions of this chapter, to appoint two i1:spectors, the salaries and actual and necessary traveling expenses of such inspectors to be paid out of the industrial accident fund. In case any employer engaged in any extrahazardous business or industry, as defined by this chapter, shall fail or refuse to pav the assessment upon his current monthly payroll, as is required by this chapter, he shall be guilty of a misdem~-inor and shall be punished by a fine of not more than five hundr ed dollars ($500.00), and in addition to the said fin e it shall be the dutv of the attorney general of this state to immed.iately ·bring suit in t!}e name of the state for the benefit of the industria.1 accident fund ag ain s t such employer, for the collection of such assessm ent, and if a iudgment for the recovery of said a ssess m ent be given in favor of the state for the use and benefit of the industrial accident fund, said judgment shall b e for double the amount of the payroll assessment provided in § 124-117, together with costs. [L. '27, c. 111, § 4, amending L. '23, c. 60, § 9, C. S. '20, § 4333 . The loss of a third or d i§ tal phalangc of th e thumb shal be considered to be equ al to the loss of one- ha lf of such thumb; the loss o f th e more than one-half of such thumb shall be co nsid ered to be equal to th e loss of the whole thumb. The loss of a third or di sta l phala nge of a ny finge r shall be con sidered to be eq ua l to the loss of twothirds of such fin ge r. The loss o f m ore than the m idd le and d ista l phalanges of an y fi nge r shall be consider ed to be eq ua l to the loss of th e w hole fi nge r ; pro vided, however, that in 110 case shall th e amount receiv ed for mo re than one fin ge r exceed th e am ount ni thi schedule for the loss of a ha nd. For the loss of a g rea t to e ............ ............ ...... $200 .00 For the loss of one of th e to es othe r than great toe .... .. .... .. . ..................... .. . 150.00 The loss o f more tha n two-thi rd s of any toe s ha ll be consid er ed equ a l to the loss of the whole toe. The loss of less th a n t wo-third s of a ny toe sha ll be considered eqi1al to th e loss o f one-ha lf of th e toe. For th e loss of a foo t . ..... $ 1200.00 For th e loss of a leg bel ow tire kn ee .. 1500.00 For the loss of a leg above th e kn ee .... 1800.00 For the loss of an eye or the sight thereof 1800.00 124-120. Compensation schedule. Each empl oye, who shall be injured in any of the extra-hazardous employments as herein defined, or the dependent famil y of any such injure clworkmen, who may die as the result of such injuries, except in case of injuries du e solely to the culpable negligence of such injured employe, shall receive out of the industrial acci~ent fund, compensation in accordance with the following schedule, and such right and payment shall be in lieu of and take the place of any and all rights of action against any employer contributing, as required b~, this chapter, to the industrial acicdent fund in favor of any person or persons by reason of any such injuries or death. (a) "Permanent partial disability" means the loss of either one foot, one leg, one hand, one arm, one eye, or the sight of one eye, one or more fingers, one or more toes, and dislocation w]ic_re the ligan1ents are severed, or any other injury known to surgery to be permanent partial disability. For any permanent partial disability hereinafter specifically described: resulting from an injury, the workman shall receive a lump sum as follows: For the loss of a thumb . . .. $ 337.50 For the loss of a first finger ..... 300.00 For the loss of a second finger 225.00 For the loss of a third finger. 225.00 For the loss of a fourth finger. 225.00 For the loss of a palm (metacarpal bone) .. 900.00 For the loss of a hand ..... .... ...... ........ .............. 1500.00 For the loss of in arm at or below elbow .. 1800.00 For the loss of an arm above elbo~v .............. 200.00 For anky-losis (total stiffness of) or contractures (due to scars or injuries) which make the finger or fingers useless, the same amounts apply to such finger or fingers ( not thumb) as given above. 21 J, In any case where an y employe suffers an accident under the terms of this Act, and who loses an y part of the body which can be replaced by artificial m eans, such employe , in addition to the benefits of this Act, shalI be en titled to an artificial replacement thereof in an amount not to exceed one hundred and fifty ($150.00) dollars. For any other injury known to surgery to be permanent partial dis<\bility, the workman shall receive a sum in the amount proportional to the extent of such permanent partial disability based as near as may be upon the foregoing schedule, but in every case of permanent partial disability the amount allowed for the injury shall be paid in monthly installments at· the rate of fifty dollars ($50.00) per month if the workman be unmarried at the time of the injury, and at the rate of sixty dollars ($60.00) per month if the workman has a wife at the time of the injury; provided however, that the court making such award shall ret;in jurisdiction of the same until said award shall have been fully paid, with power to modify or change the amount of the award to conform to any change .in the condition of the injured worlanan -and shall have power at any time during said period, upon application and hearing, with notice to the employer, and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the injured workman as a lump sum. (b) "Permanent total disability" means the loss of both legs or both arms, total loss of eyesight, paralysis or other conditions perman_e ntly incapacitating the workman from performing any work at any gainful l· I �22 \ VORKME N'S COMPE N S ATIO N ACT WORK MEN 'S COMPE N SATION ACT occupation. vVhere !~ere has been a previous p ermanent partial disab1hty, as the loss of one eye, or the sight thereof, one !1':1-Ild, _one _!oot, or an y ot her previous permanent partial d1salnh~y, th e a wa r d _fo r a subsequent injury shall be de termmed b? d educ tin g therefrom the amount of th e award paid fo r such previous permanent partial disability._ ~/\/ hen p erman ent total disability re sult s from th e mJury th e w o rkman shall° receive the sum of four tllousand dollars ($4,000.00), but in every su~h ~ase the am~unt all ow ed for the injurv shall be paid m monthl y mstall me nt s at the rate o-f fifty dollars ($50.00) per mont h if th e workman be unmarried at th e tim e of t he injury, an d at the rate of sixty dollars ($60.00) per m onth if t he worlnnan has a wife at the time of the injury; pro vided however that the court makin g such a,Ya rd shall 'retain jurisdiction of the same until said award shall have been fully paid. with powe r to m odify or change the amount of th e award to con fo r m to any change in the condition of the injured w orkman, and shall have power at any tim e durin g said pe riod, upon application and hearing, with notice to the empl oyer. and a showing of the necessity therefor, to order all o r any part of the unpaid balance of the' aw a rd t~ be paid to the injured workman as a lump sum ; p rovi ded that if the workman shall die leavin g a n unpaid balance of the award, then such unpaid bala nc e sha ll be returned to the industrial accident fund a nd be cr edited to the employer's balance. If the workma n s uff er ing such permanent total disability have a boy or b oy s under eighteen (18) years of age, or girl or g irl s u nd er eighten (18) years of age, the gu;irdian of such child or children appointed as hereinafter provided , shall receive for the use and benefit of said child or children, a lump sum of one hundred and twenty dollars ($120.00) per year for each boy under eighteen (18) vears until the time when each of said bovs shall be~ome eighteen (18) years of age, and a lump sum of one hundred and twe1.1ty dollars ($120.00) per ye~r for each girl under eighteen (18) years of age until the time when each of said girls shall become eighteen (18) years of age; provided, that the aggregate lump sum paid to said guardian shall in no case exceed four thou sand -dollars ($4.000.00) , a nd a1i y and all awards made on acount of any such child or children, ~hall be disbursed und er a proper guarfidia nship to be created by the court or judge making such award. ments shall not exceed nin ety dqllars ($90.00) per month. N o com pensa tion, exce pt the ex pense of m edical attention, shall be allo wed fo r the first eve n (7) days of disability, unless th e incapac ity extends beyond the period of twenty-one (2 1) days, in which case the com_pc nsation shall run from the ti me of the injury. As soo n as r ecove ry is so complete that th e earning power of t he wo rkman at any kind of wo rk is restor.£.d, th e pa yments shall cease, but in no ca e where compensation is awa rded for permanent partial disability or permanen t total disability, shall there be deducted th erefr om anv amount awarded and paid, on acount of tempora ry- total disability. \/\'hen the workman has no n-r e ident alien children, he shall r eceive onl y one-third of th e sum above fixed for boys under eigh teen ( 18) years of age and girls under eightee n ( 18) years of age. (c ) ''Tt:mporary total di~ahility" means an injury which, though it may result of does result in a pe~manent total or partial disability, temporarily incapacitatcs th e injured person from performing any w<?rk at any gainful occupation for the time but from which ir~jury such per~on may recover by ' medical or surgical treatment and be able to resume work. In such cas e. if the workman be unmarried at the time of the injury, he shall receive th e sum of fifty clollars ($50.00) per month, so long as the total disability shall continu e. If he have a wife at the time of the injury, h_e shall receive sixty dollars ($60.00) per month, and if he ha\·e a boy or boys under eighteen (18) years of age or girl or girl s under eighteen (18) years of agef, or both, he shall receive for each, seven and one-hal dollars ($7.50) per month, but the total monthly pay- • , ':\~ ~ (d) In all C-!_ses of temporary total disab ility, permanent partial disab ility a_!:! d permanen t total disability, th e expe nse of medical attention and of care in hos pital of th e injured workm an shall be 1 aid from date of sa id injury, th e expense of medi ca l t reatment not to c..x cecd one hundred an d fif ty doll ars ($ 150.00) in an y case and th e expense of care in hospital no t to exceed one hu ndr ed an d fi fty dollars ($ 150.00) in any case, unless· un der ge neral arrangement the workman is e ntitl ed to medica l a tt ent ion a nd car e in hospital, or th e em ployer fu rni shes ad equa te a nd proper medica l a tten t ion and hospital fac ilities to his employes; provided, howeve r, tha t no bill or fee fo r med ical attention or care in hospital shall be all owed or paid without notice to th e em ployer and a hea rin g if requ es ted by said employer. T he sta te treas urer shall have the power to c;s tablish a schedule fixin g th e fees for which all medical, surgical, hos pital or oth er legalized forms of trea tm ent rendered to employes under this section shall be compensated. Each ph ysician or surgeon attending a workman injured while engaged in e2Stra-hazardou s occupations sh~ll file with the clerk of the court of th e county within which such injury occurred and with the state treasurer, under rules to be prescribed by the state treasurer, a ful and complete report fully describing the nature of the injuries to such workman; pi:ovided, that such report shall not be required unless the disability resulting from such injury lasts through the day or the injury requires medical services other than the ordinary first aid treatment. Any physician or surgeon failing to file any report as herein provided shall be punished by a fine of not more t!_rnn fifty dollars ($50.00) . \¥here death results from an injury, the expense of burial shall be paid not to exceed two hundred fifty dollars ($250.00) in any case, unless other arrangements exist between employer and cm• ploye under agreement ; (I) But if the workman leaves a widow or invalid widower to whom he or she has been regularl y married 'by a marriage duly solemnized by a legal ceremony such surviving spouse shall receive the sum of two th~usand dollars ($2,000.00), but in every such case the said award shall be paid in monthly installments at the rate of forty-five dollars ($45.00) per �2+ WORKMEl\'S CO:-lPENSATION ACT month; provided, however. that the cqurt makin g such award may upon application and hearin g, with notice tothe employer and a showing of the necessity therefor order all or any part of th e unp a id balance of the a'ward to be paid \o the surv iving spouse as a Jump sum. If the sur vivi ng spouse ~hall re-m arry before all of said award has been paid, th en he or she shall only be entitled to receive the sum of two hundred and seve nty dollars ($2i0.00) out of th e un paid balance of said awa'.d. a nd further pay m ent sha ll cease, and any balance ot the a\\·ard shall r~vert to t he dependent children. if any there be ; and if th ere b e no dependent children the unpaid bala nce of such award shall return to the general fund a nd the sam e shall be credited to the employer's balance; if th e urYiving spouse shall die before all of said a ward has been paid, then the unpaid b_a lan ce s hall revert _to th e dependent children, if any; 1f no dependent childr en , then such balance shall .revert to the general fund and be credited to the employer' s balance ; provided, in any case where the surviving spouse shall re-ma rry o r die before all of the awarg_ has been paid, the r emaining balance shall be paid to the surviving d_eQ end ent children in the following man ner : In ascert am mg the amount to be paid to each survivin g child in the case of male children, the ag e of such male child shall be iigured from the time of the death or r e-m_arri age. of such sun·iving spouse until such male child attams the age of eiFhteen (18) years, and in the case of female children, the time shall be fi gu red fron~ th e tim e of the death or re-marriage _of such survl\'~1g spouse until such female child attains th e age of eighteen (18) years, and the unpaid balance of such award shall be divided in each instance by the number of months between such periods of tim e. In case of the death of any of such surviving children. th e portion of such awasd made payable to such chil_d _by the term s hereof shall be divided among the surv1v1ng children pro rata; provided, fur-ther, that if all of th e sur\"iving children should die before the unpaid balance of the award is entirely distributed, then the remaining undistributed portion of such award s hall revert to th e general fund and be credited to the employer's balance. If said workman leaves a surviving boy or boys under eighteen (18) years of age or girl or girls under eighten years of age the ' guardian of such child or chilsJrcn ar_>pointed as hereinaft 7r provided, shall receive for the use and benefit of said child or children. a lump sum of one hundred and twenty clollars ($120.00) per yea r for each surviving boy under eighteen (18) ~ca rs of age until the time when each of said surviving bovs shall hecomc eighteen (18) years of age, and a lump sum of one hundred and tw enty dollars ($120.00) per year for each surviving girl under eighteen (18) years of age until the time when each of said surviving girls shall become eighteen (18) years of age; provide<!, that the aggregate lump sum paid to said guardian shall in no ca~c exceed three thousand, six hundred dollars ($3,600.00). In all cases where an order of compensation is made on account of boys under eighteen (18) years of age, or girl s under eighteen ( 18) years of age. or both, or to persons incompetent, said fund shall WORKME N' COi\i P E NSATION ACT 25 be disbursed und er a prope r guardian ship to be crea ted by the court or judge making uch an ord er. (2) If th e injured workman d ie during th e period of tempol'.ary total disabil ity and after receiving compensation th erefor, as herein provid d, and his d ea th be shown to have r es ul ted fr om such injuries, th e widow and th e guardian of th e workman's l;>oys und er eighteen ( 18) y~a rs of age and g irls und er ~ig htcen (18) years of age sha ll be entitl ed to an award because of th e death of th e workm a n, as herein provided, b ut the total am ount of pa ym ents in excess of two t housand, four hun dred dollar ($2,400.00) r eceived by th e injured workm an durin g such di ability an d prior to his death shall be proporti onately deducted from the amounts herein p rovi ded to be pa id to the surviving widow and the guard ian o f th e w orkman' boys under eightee n (18) years o f age an d g irl s under eighteen ( I 8) year;; of age. (3) If any_w orkm an di e within one yea r fr om the elate of re ceiving an award fo r permane nt par tial di ability and his c!_e~th be shown to hav e resul ted from th e injuries fo r whic h the award was g r~-~1ted, the widow and th e guardian of th e workman's boys un der eighteen ( 18) yea rs of age, a nd g irl s u_nder eighteen (18) yea rs of age shall be entitled to an award because of th e deat h of the workman , as herein p rov id ed, but the amoun ts of th e payments r eceived b y th e in jured workman prior to his death shall be proportionatel y deducted from the amounts herein provi~ed to be paid to the survivi ng widow and the guardian o f th e workman' s boys und er eighteen (18) years of age and g irl s und er eig ht ee n ( 18) yea rs of age. (4) If anv workman di e within two yea rs fr om the elate of rec eiving an award for permanent total dis abilitv and his death be shown to have resulted fr om his i~juries, the widow of said workman shall be entitled to an award because of the death of the workman, as herein provid!!d, but the amount of the payments received by the injured workman in excess of two thousand dollars ($2,000.00) prior to his death shall be deducted from the amount of her award. (5) If the workman leaves no widow, or widow-:r. or boy under the age of eighteen (18) years, or girl under the age of eighteen (18) year~, _but leaves a parent or parents surviving. such surv1vmg pare1;t or parents. if living in the United States, shall receive a lump sum of fifteen hundred dollars ($1,500,00): provided, a parent or parents. who arc dep~ndents and who are non-resident aliens, shall receive a lump sum of one-third of fifteen hundred dollars ($1 ,500.00). [L. '31, c. 94, § 4, amending L . '29, c. 48, § I; L. :29, c. 64, § I; L. '27, c. 111, § 5; L. '25, C. 124, § 4; L. ,23, c. 60, §§ 10, 11; L. '21, c. 138, §§ 5, 6, 7; C. S. 20, § 4334 ; S. L. '33, c. 129, § 4; s. L. '35, C. 100. Under sub-division b hereof. policy to allow more for children of a disahlccl than for those of a deceased workman held. a ques• lion for the legislature. In re Brennan, 29 Wyo. 116, 210 P. 9 39. 37 Award for "permanent total disability'_' made only in c1 ea r c~ e Standard Oil Co. of Indiana v. Sullivan, 33 Wyo. 2 2 3, P. 253. �• I 26 WORKMEN'S COMPENSATION ACT WORKME N' S COMPENSATI ON ACT E,;dence showing employe's loss of fingers on both bands held to justify award for permanent total disability. Sakamoto v.' I<cm: mcrcr' Coal Co., 36 \Vyo. 325, 255 P. 356. Employ_er had bu~dcn o f proof that cmployc persisted in inj uri• ous practices retardmg recovery. I d. Sum paid for temporary t otal disability should be deducted from total permanent disability awa rd. Id. Emp]oye held, entitled to payment of compensation in man ne r provided by statute in effect al time of injury. In re Hibler J i Wyo. 332, 261 P. 648. ' Generally speaking the lci;islaturc did not intend doubl e compensation to injured emplorcs. under provisions of this sectio n. l\larsh v. Aljoc, 41 ,Yyo. 220. ::?84 1-> . 260; nanotatcd also under § 124-137. Sub. A. Standard Oil Co. (Ind.) "· Ervin, 44 Wyo. 88. )ucConncll v. Murphy Bros., et al. , 45 \Vyo. 289 (a-c). Shaul "· C. F. & I. Co., 46 Wyo. 549. 124-121. Additional compensation for disfigurement. In all cases of temporary total disability or perman en t partial disability where the workman shall suffer permanent disfigurement to the face or head of a nature so great as to affect the workman's earning capacity in securing employment, the workman shall receive in proportion to the extent of such disfigurement, ~ lump sum in addition, not to exceed five hundred dollars ($500.00). The court shall take into consideration in making tl:!._e award any former disfigurement to th e face or head oi such workman. [L. '22, c. 64, § 2. 124-122. Compensation for hernia. A workman in order to be entitled to compensation for hernia must clearly •prove: 1. That the hernia is of recent origin; 2. That its appearance was accompanied by pain; 3. That it was immediately preceded by some accidental strain suffered in the course of the employment; 4. That it did not exist prior to the date of the all~ged injury. If a workman, after establishing his nght to compensation for hernia, as above provided, elects not to be operated upon, and the hernia becomes strangulated in the future the results from such strangulation will not be compensated." [L. '29, c. 110, § l; S. L. '35, c. -1, § 1. _124-123. Forfeiture by injured employe--Payments wtt:J:iheld. If_ a!ly. injured employe shall persist in unsamtary or_ mJunous practice which tends to imperil or retard l11s recovery, or if he shall refuse to submit to sue~ medical or surgical treatment, as is reasonably e~scnttal to promot_e his recovery, he shall forfeit all ng~t _to compensation under this chapter; and where an ll~Jl!red cmploye is under care and treatment of a Ph_Ys1c1an , he s_hall not be permitted to personally receive or 1;1se any compensation payments allowed him unde~ . this chapter, except upon the order of such Ph}'.s 1c1an, but such payments shall be withheld and dchv_ered to such injured workman upon his recovery or discharge by such physician [L '15 c 124 § 20· C. s. '20, § 4335. • • ' • ' ' lllodd. ification <>f instruction as to effect of injujrious practices ret:ir mg rc:co,·ery of injured t I Id • I re Hibler, 37 Wyo. 322 , 261 P. oye, 1c , not improper. n 6~f. 27 To "persist" in in jurious practices tctarcli ng injured cmployc's recovery means to co ntinue .1 gainst opposi tion or remonstrance. Id. 124-124. Exemption from execution or attachment. No money paid or payab le under this chap ter out of the industr@l ac cident fund shall, prior to iss uance and deliv ery of th e wa rrant ther efo r, be -capable of being assigned, cha rged nor even be taken in execution or by garnishm e_!} t. Any such assignment, attachment, garni shmen t or charge sha ll be void. [L. '3 1, c. 73, § 61 1 amendi ng L. ' 15, c. 124, § 2 1: C. . '20, § 4336; s. L. '33, C. § 5; . L. '35, c. 100. Cited in L a Chappelle v. Uuion P acific 214 P . 587. oal Co., 29 \Vyo. 449, 124-125. Minor workman. A minor workin g a t an age legall y permitted under the law s of this state shall be deemed sui juris fo r th e pu r pose of this chap ter and no other person shall hav e a n): ~ause of ac ti on or ri g ht to compen sation fo r injury to such m inor work ma n, except as ex pressly provid ed in this chapter; but in the event of a lu m p sum payment becoming due under this chapter to such minor workman, the management of same ~hall be within the probate jurisdiction of the courts the same as any other properties of minors. [L. '15, C. 124, § 22 ; C. s. '20, § 4337. 124-126. Extra-hazardous public work-Contract work. Whenever the state, county or any municipal corporation shall engage in any extra-hazardous work in which workmen are employed for wages, this chapter shall be applicable thereto. The employer's payments into the industrial accident fund shall be made from the treasury of the state, county or municipality. If said work is being done by contr!!_ct the payroll of , the contractor and the sub-contractor shall be the basis of computation and in the case of contract work consuming l~s than one year in performance the required payment into the a£_cident fund shall be subject to the prRvisions of this chapter and the state for its general fund, the county or municipal corporation shall be entitled to collect from the contractor the full amount payable to the industrial accident fund and the contract9r, in turn, shall be entitled to collect from the sub-contractor his proportionate amount of payment; the provisions of this section shall apply to a.11 extra-hazardous work done by contr_act, except that in private· work the contractor shall be responsible, primarily and directly, to the industrial accident fund for the proper percentage of the total payroll of the work and for the amounts due it, and the owner of the property affected by the contract shall be surety for such payments. Whenever, and so long as under the state law, city charter or municipal ordinance, provision is made for municipal employes injured in the course of employment, such employe shall not be entitled to the benefits of this chapter and shall not be included in the payroll of the municipality under this chapter. [L. '15, c. 124, § 23; C. S. '20, § 4338. �WORKM EN'S COMPENSATION ACT 28 29 WORKMEN 'S COMPENSATION ACT 124-131. Annual report by state treasurer. It shall be the duty of th e state tr eas ur er to sec ure and cimpile statistical in fo rm at io n concerning accident occurring in th e extra -haza rd ous employments defined by this cha pter, show in g the number of accidents or fatalities occurrin g in eac h of said employ ment , the amount paid in by eac h employer com ing within th e provisions of thi s chapte r ; the amount paid out on account of injuries, or d ea th r esulting f!:_om inj urie in such employments; a ns! any other informa tion relating to th e operation or adm inis tra ti on of this chapter that may be of inter est; and to 11ake a full repo rt thereof. toge th er with such recommendations as he may deem pro pe r fo r changes or amendments herein, and to publish a fu ll report th ereof, to the governor, on or befo re th e 31st day o f D ecember in each yea r . [L. '15, c. 124, § 28; L. ' 17, c. 69, § 7; C. S. '20, § 4343. 124-127. ·Safety devices. Nothing in this chapter • contained shall repeal any existing law providing for the installation or maintenance of any device, means or method for the prevention of accidents in extrahazardous work or for a penalty or punishment for failure to install or maint~in any such protective d evice, means or method . [L. '15, c. 124, § 24; C. S. '20, § 4339. 124-128.. Unlawful to receive more than 5% of compensation for services rendered. It shall b.e unlawful for any person or any number of persons acting together or separately or in any way, including attorneys, agents, interpreters, and all other persons, to reC:_ejve or agree to receive either directly or indirec tl y from any beneficiary or beneficiaries under this chapter, for services rendered or to be rendered , eith er jointly or separately, in relation to procuring any benefit or be!)efits under this chapter, an y sum o r sums aggregating more than five per centum of th e whole amount received or to be received b y such beneficiary or beneficiaries, on account of injuries to any employe, and in no event to exceed fiift y d olla rs ($50.00). Every 'person violating or concern ed in th e violation of the provisions of this section shall b e guilty of a misdemeanor, and upon conviction th ereof shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), to whi ch may be added imprisonment in the county jail for a term not exceeding ninety days. It shall be the duty of the county a·nd prosecuting attorney of the county in which any injury occurs to give all necessary legal advice to any i_njured workman, or his dependents, who ma}~ seek advice in making and filing claims for compensation, and to prepare all statements of claim or other papers necessarv or advisable to be filed bv such workman or dependents, free of all charges ancl costs. [L. '21, c. 138. § 8, amending C. S. '20, § 4340. 124-132. Examination by state treasurer. The sta te treas ur er ma y, at any time on tw enty-four hours' notice ( unl ess such no_tice is wav ied by th e empl oye r) either in person or throug h any author ized inspecto r, agent or deputy, examin e the books, accounts or payr oll s of any employe r at any tim e fo r th e pu r pose of sec urin g a ny information de sired in the administration of thi~ cha1:i ter. (L. '27, c. 111 , § 6, amendin g C. S. '20, § 4344. Cited in Z:mcanelli v. Central Coal & Coke Co., 25 \Vyo. 511, 173 P. 981, annotatc<l under § 124-113. Cited as to :tttorncy's fres in In re Hib1cr, 37 ,vyo. 261 P. 648. 332, 124-129. Physicians required to testify. Any physician having attended an employe in a professional capacity may be required to testify before any court or judge when so directed, in cases coming within. t_he provisions of this chapter, and the law of pn~1leged c_ommunication between physician and patient. as fixed hr statute shall not apply in such cases. [L. '15, c. 124. § 26; C. S. '20, § 4341. Stanrlard Oil Co. (Ind.) ,·. Ervin, 44 \\Tyo. 88, Osteopaths. 124-130. False statement by employe. Any employe o: workman who shall make or cause to be made on his behalf any misrepresentation or false statement for the purpose <"!f receiving compensation under this ch~pter _to wl~1ch he is not lawfully entitled shall be g_UI!ty ot a nnsdcmeanor, and shall on conviction, be fme~ no_t more than three hundred dollars ($300.00), or impnsonc:d for not more than ninety (90) days. [L. '15, c. 124, § 27; C. S. '20, § 4342. !. 124-133. Disabled workman examined by employer's physician-Recovery reported to court. A ny workman awarded compensa tion fo r temporary total di sability under this chap ter, as defin ed by clause (c) of § 124120 shall, if th ereafter requ es ted by his empl oye r submit him self for m edical examination by a physician licensed to practice medicine in this state, at a place designated by th e empl oye r and which shall be reaso nably conveni ent for the workman, and sa id workman niay have a licen sed ph ys ician prese nt of his ow n 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 his earning power at any kind of work is restored, the fact shall be reported by the employer and said physician to the judge of the 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 finds that said workman has recovered and has been restored to his earning power and that compensation should be discontinued, his decision and judgment in the premises shall be certified to the state auditor and stat-c treasurer and shall be authority and direction to said officers to discontinue compensation payments. If the workman. in such case, refuse to suQ_mit to such examination' or obstructs the same, his right to monthly payments shall be suspended until such examination �30 WORKME N ' S COMPENSATION ACT \l\' ORKME N'S COMPENSATION ACT has taken place, and no cornpensati?n shall be payable during or for account of such penod of refusal. [L. '15, c. 124, § 30; C. S. '20, § 4345. Standard Oil Co. (Ind.) v. Ervin, 44 \ Vyo. 88, Osteopath s. Shaul v. C. F . & I. Co., 46 Wyo. 549. 124-134. Ernployes' statements of dependent persons. All employes or wo rkm en coming within th e provisions of this chapter shall be required, up on entering service in any of the extra-hazardous employrn~ts herein deiin ed. to make and sign a written statement setting forth th e names of th e person s dependent upon th em for SUPP?:t o~ constituting ~1 ~rnbers of their dependent famthes , m each case g 1v111 g the names and ages of th eir boys und er th e age of sixteen (16) years and girls under the :ige of eig!1teen (18) years. [L. '23, c. 60. § 12, amendmg C. S. 20, § 4346. 124-135. Assignment of rights and benefits. • A ll payments made into the industrial accident fund by any and every employer under the provisions of this chapter shall be taken as paid and rec eived in co nsideration of the indemnity to such employer by r eason of his contributing to th e industrial accident fu nd , and in consideration of the J)ayments made by th e state to such fund; provided, ~iiat when an y employer engaged in an extra-hazardous occupation as defin ed in this chapter, has heretofore sold and conveyed, or shall hereafter sell and convey his or its property to a purchaser who continues to conduct and carry on said business at the same place, the seller shall be entitled to transfer and assign to the purchaser , all rig hts, benefits, privileges and immunities, accruing to such employer by virtue of any_sum then on deposit to his or its credit in the industrial accident fund in the state treasurv under the provisions of this character; and upon filing such assignment with th e state treasurer, the nurchaser shall succeed to all said rights. ben efits, privileges and immunities of said employer. ·said purchaser shall be subject to obligation s of compensation against the seller incurred and existing at the date of such assignm ent; proviclecl. that no part of an v moneys so paid in by any employer shall ever be refunded to him. either durin g the time when he continues in business as such employer. or after he ceases such business; provided, that every employer, operatini:r under the provi sion s of this chapter shall pay into said industrial accid ent fund the sum of at least five thousand dollars •($5,000.00): and provided, further, if this chapt er shall be hereafter repealed or held invalid. th e moneys which are in the industrial fund at the time shall he di stributed as mav. be provided by the legislature, and in default of such legislative provi sion, distribution thereof shall be in accordance with the ju stice of th e matter, due regard being had to oblig-ation ~ of compensation incurred and existing. [L. '21 , c. 76, § 1, am ending C. S. '20, § 4347. *124-136-A. Closing of accounts. An y b a I a n cc standing to the credit of any employer in the industrial • This section otnitt cd from Revised Statutes 1931. ·21. c. 68. See S. L. I I 31 accidcnj: fund for three years aft er said em ploy er shall have ceased to _engage in Wyom in g in th e occ upation on account of which his said co ntr ib utions hav e been made· shall be debited fr om his acco unt to th e profit and Joss account of said fu nd , a nd sai d employe r' s account shall b e th ereupon fi nall y closed, and th er eafter the said bala nce shall permanently remain a part of the indu stri al accid e'n t fund , 124-136. Actions against einployer independent of chapter. Noth ing in this chapter shall be con strued to limit or affect an y rig ht or action by an employe against an employer fo r inju r ies r eceived whi le in th e employ of such em p)oyc r w hen uch emp loye r a t the time of such injuries is not con tribu ting to th e industrial accident fun d as pro vided in this chapter . [L. '23, C. 60, § 13. 124-137. Re-opening of cases. T he state treasur er shall have the r ig ht to cause any case to be re-opened in which an ord er of awar d has been ma de, prov ided he shall cause a petit ion fo r th e r e-ope nin g of the case to be fil ed wi th the court w hich g ra nted the award, within thi rty clays a ft er th e date o n whi ch the order of award ·was r eceived in th e s tate treasurer's office. Such ·petition m ust s how probable cause th at error was made in th e amount of th e awa rd , or th e character of the award, or th e g ro unds on w hich th e award was made, a nd may sp£cify as a reason fo r re-opening the case existin g e,'.idence not given in the original hearing, showin g the ge neral nature and effect of such evidence. On the filin g of such a petition and on the court finding t hat probable cause is shown thereby, the court shall stay the award, and upon reasonable notice to all parties reopen the case and set the same for hearing de nova . The state treasurer mav take such part in the new hearing as he may dec·m advisable and shall have every right and privilege of a party to the cause. He shall have th_e right of ?PPeal to the supreme court from any order 1~ such new hearing either granting an award or refusmg to grant an aw~rd. He shall also have ·a right of appeal from an order refusing to re-open a case. In addition, and without the necessity of presenti~g any petition for the re-opening of a case to the tnal court, the state treasurer shall have the rig~t to appeal to the supreme court from any order or Judgment in any district court of the state awar~ing compensation or declining to award compensation. altl~ou~h he was not a party to the proceedings in suc!1 d~stnct court. Upon the perfecting of any appeal mshtuted by the state treasurer the court allowing the appeal shall issue an order staying the execution of the order or udgment appealed from without requirinf! an y bond. The attorney general. or his deputy or ass.1stant, shall act as the attorney of the state treasurer ·111 all c~~cs. All costs of new ·hearings granted upon the pctitwn of the state treasurer, and all costs of apl?eals conducted by the state treasurer, shall be paid by the industrial accident fund, except such c.9sts as the court in its discretion shall assess against any of the 1 �32 WORKMEN'S COMPENSATION ACT WORKME r 'S COMPENSATION ACT other parties to the cause. [L. '27, c. 111 § 7 amending L. '25, C. 124, § 5. ' ' the account of any emp loyer contributin g to the in dustrial accident fund shall be made with out notice to such employer and hea rin g, unl ess such emp loye r shall in ,yriting filed in th e co urt having jurisd iction consent thereto. Where the employer can not be pe rsonally served, substituted se rvi ce, as prov ided for in the code of civil procedure, may be had. [L. '25, c. 124, § 9; S. L. '33, C. 129 § 5. . \Vher~ the ~uty oi the attorney general to rcpr·escnt compcnsah~>n cla!man~ m s~premc cou rt , as part of his o fficial duties, conflicts ,nth his dunes to act as attorney for s tate treasurer in all cases, the duty first m entioned mu st yic1d to right of s tate treasurer to such services. Marsh ,·. Aljoc, 41 Wyo. 119, 282 P. JOSS. In ~ction uncle.r work-men's compensation law in which compcnsat10 11 was aware.led, application of s tate trc;surcr to reo pen case 01_1 ground, among otl~crs,. o f prior disability, should 11 o t be d_etcrmm~d on ex partc aff1dants, when based on new evidence. smcc lcg1slaturc contemplatcc'.1 that treasurer should be given adp~n~~t of regular trial. 1-larsh v. Alioe, 41 Wyo. 220 , 284 This section authorizing s tate treasurer to have case reopened mus t _be cons trued in ligh t of situation which was sought to be remedied hereby. Id. On s tate treas urer's application, based on new evidence. to reopen ~asc. co~rt must reopen case. if the new evidence will have a material bcarmg. I<l. . 124-138. Bi~s to be itemized-Time of filing. All bills for medical attendance, expenses or disbursements, and for hospital services, shall be properl y dated, itemized and verified by the claimant or the same shall be disallowed by the court, and ev~ry doc tor who shall attend an injured workman shall within ten (10) days after the first of the ~1onth succeedin~ that in whLch ~1e rendered services to the injured workman file with the clerk of the district court of the proper county, his itemized and verified bill for all services rendered by him and expense incurred in behalf of the injured workman during the previous month, and shall send a copy thereof to the state · trea~urer; a~d all claims for medical attendance or medical services not so filed within the time specified shall be disallowed by the court. [L. '25, c. 124, § 7. 124-139. Notification by doctor. Every doctor who acce~ts the . case of an injured workman, and every hospital wh1c_h ~ccepts th!! case of an injured workman, shall w~thm ten. (10) days after accepting such c~se _file a written notice thereof with the clerk of the d1~tr!ct c<;>urt, and shall send a copy of s;;ch notice w1th111 said ten 00) days to the state treasurer and anot_h~r copy within sai_g period to the employer of the InJU~ed workman. Any doctor or hospital failing or refus!ng to file the notice within the time designated wit~ t_he c~erk o~ the court, or to send copies thereof w1thm said penod to the state treasurer and the employer ?f the injured workman, shall forfeit a!1y re111unerat10n or award from the industrial accident fui:id_ for any services, care or attention rendered to s~ch mJured workman or anv facilities furnished to him. [L. '25, c. 124, § 8. • 12~-140. A~ds._ E~•~ry award within the meaning of this chapter 1s a JUd1c1al determination of the rights f the employer, the employe and the industrial accident _fund as_ to all matters involved. Except as otherwise_-~pec1fically provided in this chapter, the code of CIHI procedure shall govern in matters before the courts .of this state in reference to the workmen's compensation laws. No award of compensation or allowance of an,, • chargeable agamst • • ex1>cnse or c Iaim 0 33 An award of compensation to an injured employc is a fin al judRmcnt, unless expressly reserving jurisdiction to reo pen case. Midwest R efining Co. v. George, 41 W yo. 55, 281 P . 1005. 124-141. Deferred payment accoun t. \,V henever an order of award shall spec ify th at the award is to be paid in monthly payments, the state trea ure r shall charge the amo unt th ereof again s t the account of the employer of the injured workman and shall transfer the am ount of aid award fr om the gene ral fund into a deferred payment account, which accoun t s hall thereafter be alon e liable fo r th e payment of the award . Interest earn ed by the defe rr ed payment acco unt hall be paid into th e general fund , as well as all amounts repaid or return ed to sa id ge neral fund und er th e provisions of this chapter, or by rea on of modification of ord ers of a wa rd. vVhenever a modification of an order of award in creases th e amount of th e award, the additional amo unt shall be charged against th e employc.r's account and tran sferred f!:._om tg_e ge neral fund into th e defe rr ed payment account, and whenever a modificat ion of an order of award decreases the amount of the awa rd, th e am o unt of such decrease shall be transferred from the deferred payment account to the ge neral fu11d and credited to the account of the employer. [L. '27, c. 111, § 8. 124-142. Bribery. \i\Thoever corruptly gives, or promises to give pay, or imburse, or whoever offers to give, pay or imburse any court officer or employe, or any person emplo)•ed or concerned under the laws of this state in the administration of this chapter, either before or after his election, appointment or employment, any money or valuable thing, or corruptly offers or promises to do ~ny act beneficial to any person to influence his action or to secure his assistance in the administration of this chapter, and whoever, being a court officer .o r employe or a person employed under the laws of this state in the l!dministration of this chapter, either before or after his e~e.ction, qualification, appointment or employment, sohc1ts or receives any such money or valuable thing to influence him or to secure his assistance with respect to his official duty in any matter relating to the administration of this chapter, shall be deemed guilty of felony. and upon conviction thereof be imprisoned in the pemtentiary not more than fourteen (14) years. [L. '25, c. 97, § 1. I: �TABLES fo r computing amo unts d ue u nde r the prov1s1ons of the \.Vorkmcn's Com pen satio n Ac t and Peace Officers' Indemnity F und. F ollowing arc tables of monthly compensation fo r several amounts allowed by law, c omputations for which arc made for twcnty•dght, thirty and thirty•onc day months : Single 5 6 7 8 9 JO 11 12 13 14 15 16 17 JS 19 20 21 22 23 24 25 26 27 28 29 JO JI 28 1.7 9 3. 5i 5.J 6 7.14 S.93 10.7 1 12. 50 14.29 16.07 17.86 19.64 2 1.43 23.2 1 25.00 26. 79 28. 57 30.36 32. 14 33.9 3 35.71 37.50 39.29 41.07 42.86 44.64 -16.43 48.21 50.00 30 1. 66 3.33 5.00 6.67 S.JJ 10. 00 11. 67 13.33 15.00 16.6i 18.3 3 20.0 0 21. 67 23.33 25 .00 26.67 28.33 30.00 31.67 JJ.JJ 35.00 36.67 JS.33 40.00 41.67 -1 3.3 3 -15 .0 0 46.6 6 48.3 3 50.00 $50. 00 31 1. 6 1 J.23 4. 8 4 6.45 S.06 9.68 I l.2Y 12.90 1-1.52 16. 13 17.74 19.3 5 20.9i 22. 58 24. 19 2 5.8 1 27 .-12 29.0J 30.65 J~.26 33.s ; 35 .48 37.1 0 38.71 -10.32 41.94 43.55 45.1 6 46.7 7 48. 39 50.00 \ \.i<lowel· and one ch ild $5 7. 50 30 31 -8 2.05 1.92 1. 85 2 4.11 3.83 3.71 3 6. 16 5.75 5.56 4 8.2 1 7.67 7.-12 5 10.27 9.58 9.27 6 12.32 11.50 11.J 3 7 14.37 l 3.42 12.98 8 16.43 15.3J 14.84 17.25 9 18. 48 16.69 10 20.54 19. 17 18.55 ll 22.5 9 2 1. 08 20.4 0 12 24.64 23.00 22.26 13 26. 70 24.92 24.11 H 28. 75 26.83 25.97 15 28.75 27.82 30.80 16 32.86 30.67 29.68 17 34.9 1 J l.53 32. 58 36.96 18 34. 50 33.39 19 39.02 36.42 35. 2-1 20 4 1.07 38.33 37 . 10 21 43.1 2 40.2 5 38. 95 22 45 . 18 42.17 40. 8 1 47.23 44.08 42.66 23 24 49.28 46.00 44.52 51.34 47.92 46.37 25 49.83 -18.22 26 53. 39 55.44 5 1.75 SO.OS 27 53.66 51.93 28 57.50 53.79 55. 58 29 57.50 55 .64 30 57. 50 JI $60.00 JI 1.94 3.87 5.81 7.74 9.68 11.62 13.55 15.48 17.42 19.35 21.29 23.22 25.16 27.10 29.03 30.97 32.90 34.84 36.77 38.71 40.64 42.58 44.5 1 46.45 48.38 50.32 52.26 54. 19 56.13 58. 06 60.00 W idower a nd two children $65.00 Jl 30 28 2. 10 2. 17 2. 32 1 4. 19 4.64 4.33 2 6.29 6.50 6.96 3 8.39 8.67 9.29 4 10.48 10.83 11.61 5 12.58 13.00 13.93 6 14.68 15. 17 16.25 7 16.77 17.33 18.57 8 18.87 19.5 0 20.89 9 20.97 21.67 23.21 10 23.06 23.83 25.54 11 25 . 16 26.00 27.86 12 27.26 28.17 30. 18 13 29.35 30.33 32.5 0 14 31.45 32.50 34.82 15 33.55 34.67 37. 14 16 35 .64 36.83 39.46 17 37,74 39.00 41.79 18 39.84 41.17 44. 11 19 41,93 43.33 46.43 20 44.03 45.50 48.75 21 46.13 47.67 51. 07 22 48.22 49.83 53. 39 23 50.32 52.00 55 .71 24 52.42 54. 17 58.04 25 54.5 1 56.33 60. 36 26 56.61 58.50 62.68 27 58.7 1 60.66 65.00 28 60.80 62.83 29 62.90 65.00 JO 65.0U 31 i\Ian and wiie I 2 3 4 5 6 7 8 9 10 11 12 IJ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Jo· Jl 28 2.14 4.29 6.43 8.57 10.71 12.86 15.00 17. 14 19.29 21.43 23.57 25.71 27.86 30.00 32. 14 34.28 36.43 38.5 7 40.71 42.86 45.00 47. 14 49.28 51.43 53.57 55.71 57.86 60.00 30 2.00 4.00 6.00 8.00 10.00 12.00 14. 00 16.00 18.00 20.00 22.00 24.00 26.00 28.00 30.00 32.00 34.00 36.00 38.00 40.00 42. 00 44.00 46.00 48.00 50. 00 52.00 54.00 56.00 58.00 60.00 �l[ ·, WORKMEN'S COMPENSATION ACT \VORK~[El\ 'S CO111PENSATION ACT 36 37 I I ,f ]\{au, wife and one child 2 J 4 5 6 7 8 9 • 10 11 12 13 14 15 16 Ji 18 19 20 21 22 23 24 25 26 27 28 29 JO 31 30 2S 2.41 2.25 4.82 4.50 6.75 i.23 9.64 9.00 12.05 11.25 13.50 14.46 16.87 15.75 19.29 18.00 20.25 21.70 24. 11 22.50 24.iS 26.52 28.93 27.00 31.34 29.25 31.50 33.75 36.16 33.75 38.57 36.00 38.25 40.98 43.39 ' 40.50 45.80 42.75 48.21 45.00 50.62 47.25 53.04 49.50 55.45 51.75 57.86 54.00 56.25 60.27 62.68 58.50 65.09 60.75 63.00 67.50 65.25 67.50 S6i.50 31 2.18 4.35 6.53 ~.71 10.89 13.06 15.24 17.42 19.60 21.77 23.95 26.13 28.31 30.48 32.66 34.84 37.02 39.19 41.37 43.55 45.73 47.90 50.08 52.26 54.44 56.61 58.79 60.97 63.14 65.32 67.50 :\Ian. wiic and two children l 2 3 4 5 6 i 8 9 10 11 12 13 14 15 16 17 IP. 19 20 21 22 2.1 24 . 25 26 27 21! 29 30 31 28 2.68 5.36 8.04 10.71 13.39 16.07 18.75 21.43 24.11 26.79 29.46 32.14 34.82 37.50 40. 18 42.86 45.5 .l 48.21 50.89 53.Si 56.25 58.93 61.61 64.28 66.96 69.64 72.32 75.0t) 30 2.50 5.00 7.50 10.00 12.50 15.00 Ii.SO 20.00 2~.50 25.00 27.50 30.00 32.50 35.00 37.50 40.00 42.50 45 .00 47.50 50.00 S:?.50 .iS .00 57.50 611,C J0 62.50 65,(10 67.50 7fl.OO 72.50 75 .00 $75.00 JI 2.42 4.84 7.26 9.68 12.10 14.52 16.94 19.35 21.77 24.19 26.61 29.03 31.45 33.R7 36.29 38.il 41.1.l 43.55 45.97 48.39 50.81 53.22 55.64 58.06 60.48 62.90 65.32 67.74 70. 16 72.SR 75.00 Widower and three children )Ian, wife and three children $72.50 31 2.34 4.68 7.02 9.35 11.69 14.03 16.37 18.71 21.05 23.39 25.73 28.06 30.40 32.74 35.08 37.42 39.76 42. 10 44.44 46.77 49.11 51.45 53.79 56.13 58.47 60.81 63.15 65.48 67 .82 70.16 72.50 $82.50 31 2.66 5.32 7.98 10.64 13.31 15.97 18.63 21.29 23.95 26.61 29.27 3J.93 34.60 37.26 39.92 42.58 45 ,24 47 .90 50.56 53.22 55 .89 58.55 61.21 63.87 66.5 3 69. 19 71. 85 74.5 I 77.17 79.84 82.50 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2i 28 29 30 31 28 2.59 5.18 7.77 10.36 12.95 15.54 18.12 20.71 23.30 25 .89 28.48 31.07 33.66 36.25 38!84 41.43 44.02 46.61 49. 19 51.78 54.37 56.96 59.55 62.14 64.73 67.32 69.91 72.50 30 2.42 4.83 7.25 9.67 12.08 14.50 16.92 19.33 21.75 24.17 26.58 29.00 31.42 33.83 36.25 38.67 41.08 43.50 45.92 48.33 50.75 53.17 55.58 58.00 60.42 62.83 65 ,25 67.66 70.08 72.50 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2i 28 29 30 I 2 3 4 s 6 7 8 9 10 II 12 13 J.I IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.86 5.71 8.57 11.43 14.29 17. 14 20.00 22.86 25.71 28,57 31.43 34.29 37.14 40.00 42.86 45.72 48.57 51.43 54.29 57.14 60.00 62.86 65.72 68.57 71.43 74.29 77.14 80.00 30 2.75 5.50 8.25 11.00 13.75 16.50 19.25 22.00 24. 75 27.50 30.25 33.00 35.75 38.50 41.25 44.00 46.75 49.50 52.25 55.00 57 .75 60.50 63.25 66.00 68.75 71.50 74.25 77.00 i9.i5 82. 50 .l l \Vidowcr and four children $80.00 31 30 2.58 2.67 5.16 5.33 7.74 8.00 10.32 10.67 12.90 13.33 15.48 16.00 18.06 18.67 21.33 20.64 23.23 24.00 26.67 25 .81 28.39 29.33 32.00 30.97 33.55 34.67 37.33 36.13 40.00 38.71 42.67 41.29 43.87 45.33 46.45 48.00 49.03 50.67 S 1.61 53.33 54 .19 56.00 56.77 58.67 61.33 . 59.35 61.93 64.00 64.52 66.67 67.10 69.H 69.68 72.00 72.26 74.66 74.84 77.33 77.42 80.00 80.00 28 2.95 5.89 8.84 11.79 14.73 17.68 20.62 23.57 26.52 29.45 32.41 35.36 38.30 41.25 44.20 47. 14 50.09 53.04 55.98 58.93 61 .87 64.82 67.77 70.71 73.66 76.61 79.55 82.50 )I:iximum 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 3.21 6.43 9.64 12.86 16.07 19.29 22.50 25.71 28.93 32.14 35.36 38.57 41.78 45 .00 48.21 51.43 54.64 57.86 61.07 64.28 67.50 70.71 73.93 77.14 80.36 83.57 86.78 90,00 30 3.00 6.00 9.00 12.00 15.00 18.00 21.00 24.00 27.00 30.00 33.00 36.00 39.00 42.00 45.00 48.00 51.00 54.00 57.00 60.00 63.00 66.00 69.00 72.00 75.00 78.00 81.00 84.00 87.00 90.00 $90.00 31 2.90 5.81 8.71 11.61 14.52 17.42 20.32 23.23 26.13 29.03 31.94 34.84 37,74 40.64 43.55 46.45 49.35 52.26 55.16 58.06 60.97 63.87 66,77 69.68 72.58 75.48 78.39 81.29 84.19 87.1 0 90.00 \Vidowcr :tnd fiv e children 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 3.13 6.25 9.38 12.50 15.63 18.75 21.88 25.00 28.1 3 31. 25 34.3S 37.50 40. 63 43. 75 46.88 50.00 53. 13 56.25 59.38 62. 50 65 .63 68. 75 71. 88 75.00 78. 13 81.25 84.38 87.5 0 JO 2.92 5.83 8.75 J 1.67 14.58 17.50 20.42 23 .33 26.25 29 .17 32.08 35 .00 37.92 40.83 43 .75 46.67 49.58 52.50 55.42 58.33 61.25 64. 17 67.08 70.00 72.92 75.8 3 78. 75 8 1.66 84.58 87.50 $87. 50 JI 2.82 5.65 8. 47 IJ. 29 14.11 16.94 19.76 22.58 25 .40 28 .23 3J. 05 33.87 36.69 39. 52 42.34 45 .16 47.98 50.S l 53.63 56.4 5 59.2 7 62. 10 64. 92 67.7 4 70.56 73.39 76.21 79. 03 81.85 84.68 87.50 �38 WORKMEK'S CO1[PENSATION ACT Table showing amount by months and days, figured on basis of otlc child at rate of $120.00 per year. Day or Month or months 1 2 3 4 5 6 7 8 9 JO 11 12 days $10.00 20.00 30.00 40.00 50.00 60.00 70.00 80.00 90.00 100.00 110.00 120.00 ,I .1 4 5 6 7 8 9 10 11 12 13 H 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 day month JO day month JI day month .36 .71 1.07 1.43 1.79 2. 14 2.50 2.86 3.21 3.57 3.93 4.29 4.64 5.00 5.36 5.71 6.07 6.43 6.78 7.14 7.50 7.86 8.21 8.57 8.93 9.28 9.64 IO.OD .33 .67 1.00 1.33 1.67 2.00 2.33 2.67 3.00 3.33 3.67 4.00 4.33 4.67 5.00 5.33 5.67 6.00 6.33 6.67 7.00 7.33 7.67 8.00 8.33 8.67 9.00 9.33 9.67 10.00 . 32 .65 .98 1.29 1.61 1.94 2.26 2.58 2.90 3.23 3.55 3.87 4.19 4.52 4.84 5.16 5.48 5.81 6.13 6.45 6.77 7.10 7.42 7.74 8.06 8.39 8.71 9.03 9.35 9.68 10.00 Peace Officers' Indemnity fund CHAPTER 83-ARTI CLE 2 R. s. 1931 Section 83-201. . \Vyoming peace officers' indemnity fund. 83-202. Officers included. 83-203. Limit of indemnity paid . 83-204. Payments to func.\ by coun t ies. 83-205. Payments to fund by state. 83-206. Report of accident. 83-207. Order of Court. 83-208. Power of state treasurer . 83-209. Appeal by state treas urer. 83-201. Wyoming Peace Officers' Indemnity Fund. The fund accumulated under this Article shall be known as the \Vyoming Peace Officers' Indemnity Fund. [L. '23, c. 97, § 1. 83-202. Officers Included. Such Peace Officers' Indemnity Fund shall be accumulated and maintained as herein provided for the purpose of providing indemnity to all penitentiary wardens, deputy penitentiary wardens, penitentiary guards; guards of th~ Wyoming Industrial Institute, including the superintendent and his deputies; agents of the State Department of Law Enforcement, and the commisisoner of such department and his deputies, state coal mine inspectors, and deputies, state game and fish commissioner, and his assistants and deputies, and state game wardens; and all salaried sheriffs, under sheriffs, deputy sheriffs and constables employed by any county of the State of Wyoming or paid by the board of county commissioners of any county, who shall be injure9 in performance of their duties, the purpose of this article being to provide for indemnity to such peace offfficers injured 111 the performance of their duties, which duties are hereby recognized as involving risks to life and limb. :rhis section shall not apply in any case where the inJury occurred before the ~ate on which this se'c tion is to take effect. [L. '31, ·c. 71, § 1, amending L. '23, c. 97, § 2. • 8~-203. L imit of Indemnity P aid. The indemn(ty ·which any such peace officer or his dependent famtly sh:i,ll be entitled to receive under the provisions of this article shall be computed acc"ording to the compensation schedule of the Wyoming Workmen's Compensation Law in effect at the time such injuries we:e received, and the procedure and forms under this article shall be as near as may be the procedure and forms provided by the Workmen's Compensation Law, �WORKMEN'S COM PENSATION ACT 40 41 WORKMEN'S COMPENSATION ACT 011 acount of or on it being intended that the \1/y?":ing Peace Officers' Indemnity Fund shall be adn11mstered by the state treasurer as near as may be in the s~me man~er as the VVyoming \Vorkmen '.s Compensation Law 1s administered, and that or\Jers of award and all other court procedure shall be enter_ed and conducted a s near as may be in accordance "'.Ith t~e procedure provided by the \Vorkmen's Compensation Law, an? that any of the above peace officers injured in t~e lme. of his duties shall receive the same compensation which he would have received had he received th«: sa1?e in jury while ,vorking for an employer contnbu~mg to the Industrial Accident Fund, and shall receive th e indemnity in the same manner. [L. '23, c. 97, § 3. 83-204. Payments to Fund by Counties. E ve ry county of the State of Wyoming is hereby _required to pay into the state _trea~ury for t_h e benefit of th e Wyoming Peace Officers Indemmty Fund a sum of money equal to one and one-half per cent (I½%) of the moneys earned by each of its salaried sheriffs, deputy sheriffs, under sherifls and constables during each calendar month in which they shall be employed. Such payment shall be so made on or before the fifteenth day of the month following the m~nth for which such payments are computed and paid. The state treasurer shall keep a separate accoun_t for each county so contributing tg said fund, and shall char~e against the account of each county all warrants paid from the Wyoming Peace Officers' Indemnity Fund : (a) As awards for injuries to the above named peace officers of such county: (b) In payment of niedical or hospital attendance of such peace officers of such county; (c) In payment for the investigations of inj~ries of such peac~ officers or in payment of investiga~1ons into the manner in which such injuries w~re received; (d) In payment of witness fee ? in cases whe:ein an order of award is granted to such peace officer of such county. Each countv shall continue to make said monthly contributions ·as above provided unless its account after making the above deductions therefrom shall be overdrawn, in which event said county shall be required to pay monthly a sum of money (including the said one and one-half per cent) equal tg three per cent (3%) of the moneys earned by each of its peace officers during each calendar month of such employment until such overdraft shall be paid. [L. '23, c. 97, § 4. 83-205. Payments to Fund by State. The State of Vvyoming hereby pledges itself to contribute by bi- · ennial appropriations a sum of money equal to one and one-half per cent (1½%) of the moneys earned by each of such peace officers in its employ, and agrees that its account shall be kept as near as may be in the manner in which the accounts of the counties are required to be kept under the provisions of this article', and that similar charges for amounts paid out behalf _of i~j ur ies to its peace officers shall be charged agam s t . its accoun~. T he S tate of Wyoming further pledges. itself tha~ 11: the even t ·ts account is overdrawn th at 1t s hall con tribute a sum ~f money (including th e said one a nd one- ha lf per cent) equal to thr e~ per cen t (3%) of the moneys earned by each of its peace officers. [L. '23, c. 97, § 5. 83-206. Report of Accident. R eports of accidents co1•ering injuries to its peac e officer-12 shall be filed by the counties iµ the same ma nner and at the same time as such reports are requir ed to be filed by employers contributing to the Industri al Accident F und, and each state officer shall make similar reQ_o rts to the courts of all injuries to peace officers emp loyed in his department. [L. '23, c. 97, § 6. 83-207. Order of Court. Every order give n and made by the pistrict court or judge awarding payment from the vVyoming P eace Officer s' Indemni ty F und to an injured peace off icer or his depe nd en t fam ily shall be entered of r ecord by t he clerk of th e co urt where given and tru e copies th ereof shall be immediately made and certifi ed by said cl erk and for warded to the state a udit or a nd s ta te treasurer r espectively of \,Vyoming, a nd s hall be by each of said officers entered upon a r eco rd to be known as the Indemnity Docket, and s hall be th e a uthority a nd direction of the state auditor to issue warrants of indemnity a,vards against the W yomin g P eace Officers' Indemnity Fund, and for the sta te treasurer to pay such indemnity a wards from such fund . [L. '23, c. 97, § 8. 83-208. Power of State Treasurer. The state treasurer shall have the power by appropriate action to require each county of the state to contribute to said fund as required by this article. [L. '23, c. 97, § 9. 83-209. Appeal by State Treasurer. The state treasurer shall have the right to appeal to the supreme court from any final order or judgment in any district court of the state awarding indemnity or declining to award indemnity, although he was not a party to such procedure in the district court. The attorney gener<!_l shall act as the attorney for the state in every such appeal, and each appeal shall be conducted witho~t expense to the Wyoming Peace Officers' Indemnity Fund. [L. '23, c. 97, § 10. �Coal Mine Catastroph e · Insurance Fund CHAPTER 57-AR TICLE 7 R. s. 1931 Section 57-701. Definition. 57-702. Payment by coal m in ing companies. 57-703. Losses in exces s of $25,000 to be paid from fund . 57-704. Separate accounts to be kept. 57-705. Use of fund limited . 57-706. Penalty for failure to pay premium. 57-707. Authority to contract wi th in suran ce com panies. 57-701. Definition. The word, "catas troph e," a s used in this Article means a disaster in a coal mine or mines causing the payment throug h th e operation of the Workmen's Compensation Law of this state out of the Industrial Accident Fund of an aggregate more than twenty-five thousand dollars in compensations to w_o rkmen killed and injured and their dependents, growing out of any one accident or occurence, or series of accidents or occurrences arising out of. one event. [L. '25, c. 159, § 1. 57-702. Payment by Coal Mining Companies. For the purpose of giving to the portion of the Industrial Accident Fund paid in by employers operating coal mines support which is deemed necessary, each employer operating a coal mine or mines in Vvyoming shall pay into the state treasury monthly a sum equal to one-fourth of one per cent of his Wyoming payroll for the preceding month, such payment to be made on or before the fifteenth day of the mgnth following the month for which such payments are computed and paid, the moneys so received_ to be placed by the state . treasurer in a fund to be denominated Catastrophe Insurance Premium Fund. All moneys received by the state treasurer under the terms of this article, shall be paid by him out of the Catastrophe Insurance Premium Fund into the Industrial Accident Fund, monthly _a s received, and such payments shall continue to be made until the· credit balance of the Catastrophe Insurance Fund in the Industrial Accident Fund is equal to two hundred thousand dollars ($200,000.00), whereupon such payments shall cease, to be automatically resumed, whenever and continue so long as the credit balance of the Catastrophe Insurance Premium Fund with the Industrial Accident Fund is below two hundred thousand. dollars ($200,000.00); all such payments- shall be credited generaly to the Industrial Accident Fund in5 !ead of being er.edited to any individual employer �44 WORKME~'S CO lVlPENSATION ACT contributing to either the Catastrophe Insurance Premium Fund or the Industrial Accident Fund. [L. '25, c. 159, § 2; s. L. '35, c. 73. 57-703. Losses in Excess of $25,000 to be Paid from Fund. In consideration for such payments made or to be made from the Catastrophe Insurance Premium Fund, the Industrial Accident Fund in the hands of the state treasurer is hereby made a catastrophe insurer as to catastrophes to the extent that such catastrophes cause losses above twenty-five thousand dollars to the Industrial Accident Fund. The first twenty-five thousand dollars of such loss shall in every case be charged against the employer in whose mine or mines the accident may have occurred. The amount over twenty-five thousand dollars shall be paid from the Ind.ustrial Accident Fund and not charged against the employer in whose coal mine or mines the catastrophe oc_c;urred, but against the balance of the Catastrophe Insurance Premium Fund. [L. '25, c. 159, § 3. 57-704. Separate Account to be Kept. The state treasurer shall keep a separate account between the Industrfal Accident Fund and the Catastrophe In surance Premium Fund, crediting the Catastroph e Insurance Premium Fund with all moneys by it paid into the Industrial Accident Fund and charging the Catastrophe I n s u r a n c e Premium Fund with all amounts paid out for catastrophes as herein provided. [L. '25, c. 159, § 4. 57-705. Use of Fund Limited. No money paid into the Catastrophe Insu_rance Premium Fund as herein provided shall ever be applied in any way other than by payments to the Industrial Accident Fund as herein provided. [L. '25, c. 159, § 5. 57-706. Penalty for Failure to Pay Premium. The ins{_)ectors appointed by the treasurer under section 124-119 shall also act as inspectors for the purpose of enforcing the collection of the premiums due the state from employers operating coal mines. And if in any case any such employer shall fail or refuse to pay the premium upon his monthly payroll as is required by this article he shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred ($500.00) dollars and in addition to the said fine it shall be the duty of the attorney general of this state to immediately bring suit in the name of the state in the district court for the proper county, for the benefit of the Catastrophe Insurance Premium Fund , against such employer for the collection of such pr£,mium, and if a judgment for the recovery of such premium due be given in favor of the state for the use and benefit of the Catastrophe Insurance Premium Fund said judgment shall be for double the amount of the premium provided by this article, together with costs. [ L. '25, c. 159, § 6. WORKMEN' S CO i\tiP E NSATI ON ACT 45 57 707 Authority to Contract With Insurance Co;pa.nles. The state treasurer, s hould h~ deem it • ble is hereby authori zed a nd empowered to advisa , S f w · make contracts on beh:i,lf of the t~te o . yommg and the Industrial fi.cc1dent F un d with a n msur~nce company or com~anies, to_ prov ide [or p_ayme nt rnto the Industrial Accident F und by the ms t:rm g com pany r companies of a sum equ al to the ultima te net loss ~vhich the Industrial Accident Fund has or shall s ustain by reason of any catas trop he, all f? r the p urp o~e of· authorizing the state treasur er to rem sure the said satastrophe risk with an in sura nce company or co mplnies. The premium for an y CQn tract of r eins uran ce shall be paid by the stat e treasure r out of the Ind ustrial Accident Fund and cha rged again st the ac co un t of the catastrophe 'Insuran ce P remium F und. Every contract of reinsura nce shall specify that the insuring company or compani es r einsure the Industrial Accident Fund from toss by r eason of catastrophes during the term of s uch in suran ce, with in the lim its as to amount expressed in th e co ntrac t, and that th e insuring company waives all rig ht to q uestio n a ny award for claims g rowin g out of a catastrop he o r claimed to grow out of catastro p.he, a nd th at the insuring company will accept as final th e awa rd s m ade by the courts under the W yom ing Workme n's Compensation Law, and will abide by such awa rd s, a nd will promptly repay to the Industrial Accident F und all the payments made by it durin g the term of such insurance under catas trophe awards. E ach co ntract shall also provide that the insuring compa ny disclai m s all right to appear in or contest any prQcecding under the ·workmen's Compensa tion Law. N o paym ent made out of the Industrial Accident Fund which is repaid to the Industrial Accident Fund by an insuran,se company shall be charged against the account of the Catastrophe Insurance Premium Fund or against the account of the employer in whose mine the catastrophe occurred. [L. '25, c. 159, § 7. �Firemen's Pension Fund CHAPTER 23-S. L. 1935 Section 1. State Treasurer-Adm inistration, Fund, tions. 2. Fund-Further Maintenance. 3. Definitions. 4. Pension-\Vho Eligible, Amount. 5. D~ath in Line of Duty- Benefi ciary. 6. When Father and :Mother _Beneficiaries. 7. Volunteer Firemen-Benefits. 8. Application-Inv es tigation. 9. Other Compensation. 10. Payments-Exem pt fr om L egal Action: Dona- State ~reasurer-Administration, Fund, Donations. Sectionl. There is hereb y created a fund to be known as the "Firemen's Pension Fund" for the purpose of paying the awards, benefits and pen sions under the provisions of this act. Thi sfund is to be administered by the state treasurer through the Workmen's Compensation Department of • the State of \Vyoming and said state treasurer shall have full custody and control. of such fund with full power as to the administration thereof; but such fund shall be administered by said state treasurer with<;mt liability on the part of the state beyond the amount of such fund. For the purpose of establishing and maintaining said fund ten per cent (10%) of the gross annual tax for the year of 1935, and for each ensuing year thereafter, collected upon the fire insurance premiums paid to fire insurance companies within the State of "Wyoming as provided by section 115-117, Wyoming Revised Statutes, 1931, is hereby set aside and appropriated for the use and benefit of said fund. The amount of tax collected, as above set out, shall be credited to said fund by the state treasurer upon payment of the tax to him by the insurance commissioner. There may be added to the fund so established and maintained such cash, gifts, donations and contributions as may be made from time to time by individuals and organizations. Said state treasurer is hereby empowered to receive any and all such gifts, donations and contributions for the benefit of said fund. [L. '35, c. 23, § 1. Fund-Further Maintenance. Section 2. For the further maintenance of this fund, every paid fireman of each fire department organized and maintained by any incorporated city or town, or �48 WORKMEN'S co :M PENSATION ACT WORKMEN 'S COMPENSATION ACT 49 any county in this state, affected by this act, shall be assessed two per cent (2o/o) of his salary monthly for the use and benefit of said fund. Such assessment shall be withheld from his salary by the treasurer or other disbursing officer of such city, town or county and said assessment shall be transmitted to the state treasurer on the first day of each month. [L. '35, c. 23, § 2. ·n re ularly constituted fire departments_ of ~n y m1 g t d city or cities town or town s III thi s state corpora e ·s of the age of' fifty fi ve years an d upwa rd • d hO I • f rom a men_ta I. •-an (b) w An)' paid fireman who is_ su ff e_rmg or physical disability _ren~l~rm? 111m unfit for active duty provided such d1sab1hty 1s th_e res ul~ of an a ccident, injury or exposure suffered m th e !me of dut y . [L, '35, C. 23, § 4. Definitions. Death in. Line of Duty-Beneficiary. Section 3. The following words and phrases shall be construed for the purpose of this act as hereinafter set out: "Paid Firemen." Any individual who is regularly employed and paid by an incorporated city or town for devoting his entire time of employment to the care, operation and requirements of a regularly constituted fire department. "Volunteer Fireman." An individual who follows other lines of regular employment or labor but who is carried on the rolls of a regularly constituted fire department, the members of which are under the jurisdiction of a mayor, city or town council or other governing body and who may be partly paid and partly volunteer. Payment of compensation for services actually rendered by such enrolled volunteers shall not take them out of the above classification. Any individual who volunteers assistance but who is not regularly enrolled as a fireman, is not a volunteer fireman within the meaning and contemplation of this act. "Injured, disabled or killed in the line of duty." A paid or volunteer fireman ·is injured or disabled in the line of duty when he meets with bodily or mental injury while going to, returning - from or in attendance upon a fire, conflagration. calamity or disaster, or who meets with bodily or mental injury while actually engaged in the repair, upkeep or care of fire apparatus, or in the performance of duties prescribed in the maintenance and operation of a fire department. "Compensation Act." The Act of the Legislature of the State of ,ivyoming found in Chapter 124, "'yoming Revised Statutes, 1931, a1_1d any and all amendments which may be made thereto. "Thirty years active service." An individual whose principal means of livelihood for thirty years has been employment by an incorporated city or cities, town or towns, in the State of ,ivyoming as a member of a regularly constituted fire department and who has been carried on the pay rolls for that period of time. [L. '35, c. 23, § 3. Section S. Upon the death of any paid fireman , where death is the result of an accident, injury o r exposure suffered in the line of duty, or upon th e death of any paid fireman retired according to the provisions of section 4 of this act, the state trea sur er shall pay out ;;f the Firemen's Pension Fund to hi s surviving wife, provided she was his ,vife at th e time of his d·eath or retirement, a monthly pension equal to one-half of the pension such retired fireman was r~ceiving at the time of his death, or a monthly pens10~ equal to o~e-quarter the amount of his compensation <!t the tnne of his death, and such payments sl~all conti~ue during the lifetime of such surviving w1fo or unttl she ren:!arries. In addition to such paym:nt, the state treasurer shall pay to the surviving wife out of the said Firemen's Pension Fund the sum of !en dollars ($10.00) per month for the su~port and mamtenance of each child of such deceased fireman under the age of eighteen years and who wa s s~pport:d by such fireman prior to his death v1dmg n h , pro , t no case ~ a 11 .t 1,e total sum exceed the retirement pay as pr?~1ded m section 4 of this act. In ti event such surv1vmg ,·f I cl' ,e . '' 1 e s iou 11c te or remarry before tiie ch I'ld or children f h d have reached the age ~ ~ut . eceased fireman sha'l 1 treasurer shall pay to ~h= ~:~.~~;~ years, _then the st~te or guardians of such children rr appom_ted guardian amount necessary for th om said fund, the such children until such / care and maintenance of the age of eighteen tme as the same shall reach years or marry :Month! ments to such surviving child or h'ld . y payt~ :xceed the total amount . c t ren m no event v1vmg wife prior to her d f:td monthl:y_ to the sure~ent there be surviving ec\ ·1/r remarnage. In the wife of said deceased fire t ~en but no surviving ~hall pay to the lawfully :;1a:i t en the s~ate treasurer tans of such sun•iving chil~P nt~d guardian or guard($10.00) per month for th ren, tie sum of ten dollars of such child or children e s~pport and maintenance year~ and who was suppo~~de~ the _age of eighteen to his death· als th . Y said fireman • 1 lawf~lly appoint°e'cl g~i!~~\~~;easurer sh~l.1 pay to ~~ ~~ as will be necessary for the such add11tonal amount ~an~ of each child until sucir;per care and maintet~ac ed the age of eighteen tme as the same have of aihsuch a?diJional amount o\ marry, provided e pension such retired fi no exceed one-half ofine-querter the amount f reman was receiving o reman compensati th ' r '35 ?Jw§as receiving at the f on. e deceased , c. - , 5. ime of IJ1s death. [L. Pension-Who Eligible, Amount. Section 4. Any person coming within the following classification and filling the requirements thereof may retire or he retired from active service and receive a monthly pension equal to one-half of his actual monthly wage at the time of retirement, but in no instance shall such pension exceed one hundred dollars ($100.00) per month, and further provided that any old age pension of which he mav become the beneficiary hereafter shall he a deduction against such retirement pension. (a) Any paid fireman who has performed and completed thirty years active service ~h~f ° �50 o :MP ENSATI ON ACT WORK MEN'S C WORKMEN' S CO M PE N SATIO N ACT . d mother surviving w ho w ere debe both father ':n cl ceased fir eman fo r support, th e ~ pendent upon s~1clll e ' out of said °fund to each such \ state treastrero~:~hJtancl in such 12.e r iodi c pay m ents i\ sum, equa to bl for th e dea th 9f a workm a n enY as wdonl? beex~ta/a\aezardous occ upa tio ns und er th e =- Workmen's gage m [L '35 2° ·§ 7 Compensation Act. • , c. .:i, • When Father and Mbther Beneficiaries. Section 6. Upon the death of an y paid fir ema n according to the provi sions of Section 5, of this act, and who leaves surviving him no wife or children but leaves surviving him a dependent father or mother or both, then the state tr easur er shall pay, to th e mother if there be no fa ther, or to the fath er if there be no mother, out of the Firemen's Pension Fund such amount equal to on e-half of the pension such retired fireman was r eceiving at the time of his death , or one-quarter the amount of compensation such fireman w_~s receiving at th e tim e of hi s death, but if there be both father and mother surviving who were dependent upon said deceased fireman for su pport, then the state treasurer shall pay out of said fund t o each an amount equal to one-quarter of the pension such retired fir eman was r eceiving at th e time of his death, or one-eighth the amoun t of compensation such deceased firem <!_11 was receivin g at the time of his death, provided that, in the event either the surviving mother or father should die after the payments have started, the state treasurer shall pay to the other surviving parent the full amount as set forth for either father or mother. [L. '35, c. 23, § 6. Application Investigation. Section s. ·whenever an y fi reman, his sur vivin g wife, dep endent children or depende nt pa rents. sha ll be entitled to any pension or ben e~ts under this a ~t, such fireman , or in the even! of his death, t he ch ief of the fire department, of which he was a m ember o r some other proper person, shall make app licati on fo r such benefits or pension by filin g a complete and co ncise statement of th e facts necessa ry to ent itle s uch fireman or his surviving ,vife or children or pa r en ts to the benefit s or pension und er ·th is act. S uch application shall be fil ed with th e stat e treasur er up on forms provided by him. The state tr eas urer is h er eby given the powe r to inves tigate such a pplication a nd determine whether or . not such applicat ion should b e granted, with the furth er power to hear ev idence as to the justice of the application or require a nd r eceive affid avits as to the truth of the stat ements made in such application. In the event such application is refused, such matter may be taken before th e district court f~r the count7 wherein such applicant r esid es by petition, and notice shall be given said state treasure: _by the court of the date set for hearing. The dc;1s1on of the district court shall he binding upon said state t_reasurer and applicant unless app ealed from accordmg to the procedure provided under the orkmen's Compensation Laws of W yoming. [L. 5, C. 23, § 8. Volunteer Fireman-Benefits. Section 7. An y volunteer fireman who is sufferin g from a mental or physical disability rendering him unfit for active service in a regularly constituted fir e department, and providing such disability comes within the definition of perm_llnent partial disability, permanent full disability or temporary total disability, of the 1Vorkmen's Compensa tion Act, provided, further such disability is the result of an injury, accident or exposure suffered in the line of duty, th e state treasurer shall pay out of the Firemen's P ension Fund, such sum and in such periodic payments as would be payable for such disability of a workman engaged in extra-hazardous occupation under th e 11/"orkmen 's Compensation Act. U pon the death of any volunteer fireman caused by accident or exposure in the line of duty, the state treasurer shall pay to the surviving wife out of the Firemen' s Pension Fund, such sum and in such periodic paym ent s as would be payable for the death of a workn1arl e ngaged in extra-hazardous occupation s un de r the V.,' orkmen' s Compensation Act, provided that, in the eve nt such wife shall die or remarry or in th e event th ere be no surviving wife hut there are surviving childr en, then such payments shall be mad e to th e g uardian of any dependent child or children of such decea sed fireman . Provided further tha t, upon the death of any volunteer fireman according to the above section, ,y_h o leaves surviving him no wi fe or children hut cloes leave surviving him dependent fa ther or mother, or both, then the state tr<~iJsurer shall pay to the mother if there he no father, or to the fath er if there be no mother, out of the Firemen's P ension Fund, such sum and in such periodic payments as would be payable for the death of a workma n en gaged in extra-hazardous occupations und er the 1Vo rkm cn's Compensation Act, but if there 51 f Other Compe'nsation. ~ection 9. Application for pension pno: to actua) retirement upon statem~i ~\hma_de O tent1on to retire but pa m h e 111su~h applicant has actuJly e~!ti: ~ll not 1?egin unt_il stricken from the pay rolls of the ~nd his name 1s fireman or any of his . e city or town . No any of the benefits of th~usrv1vtors !shall be entitled to • survivors • or h 1s are re e·ac• so ong as sa'cl 1 fi reman Compensation Act, but ~~:~n~hpaym~nts. under the ments under the Compens t' e expiration of payto the benefits of this act i~nllAct his or their rights who shall be entitled to the\!n attach •. Any fireman f~r fro!11 the general fund of an efit_s of msurance paid v1ded m section 22-156 W )'. city or town as pro19~1, shall not be entitled ~immg Revised Statutes, ~ his act until such time as s an:i: of the benefits of , i .hall have ceased [L '35 2u3ch§msurance payments C. , 9. '( r,' 1/ , , ' i Payments-Exempt from Legal A . ction // Section 10. Payments mad • f made to the beneficiaries e under this act shall be qf each month and shall hon or before the fifth cla e made by voucher draw~ ' �52 WORKMEN'S COMPENSATION ACT against the Firemen's Pension Fund and shall be paid by the state treasurer out of said fund. No payments made under this act shall be subject to judg!]1ent, attachment, execution, garnishment or otjler legal process and shall not be_assignable, nor shall the state ,treasurer have the authc;irity to recognize an y assignment nor pay over an y sum assigned. [L. '35, c. 23, § 10. � 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 State of Wyoming Workmen's Compensation Act Peace Officers' Indemnity Fund Coal Mine Catastrophe Insurance Fund Firemen's Pension Fund and Acts Relating Thereto With All Amendments to Date - March 1, 1935 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1935-03-01 Subject The topic of the resource Booklets containing information on the Workmen's Compensation Act. Description An account of the resource A 9" x 4" light blue booklet with black text and red handwriting on upper writing corner and some minor creases. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource J. Kirk Baldwin Identifier An unambiguous reference to the resource within a given context 1-0166 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/61d3730446d4eb3a27cafe5a140f2630.pdf 6254f73ee99a975fe47d602c828aba97 PDF Text Text Q,uestions and Answers on Deposit Insurance The Federal Deposit Insurance Corporation Circular No. I August 1934 �THE CORPORATION FOREWORD Since Federal deposit insurance became effective on January 1, 1934, a great many questions have been asked concerning what the FEDERAL DEPOSIT INSURANCE CORPORATION is and what it does. In the following pages these questions have been answered in the light of the law under which the insurance is afforded. It is hoped that this pamphlet will give de- 1. Q. Wlzat is tlze FEDERAL DEPOSIT INSURANCE CORPORATION and lzow was it established? A. It is a Corporation created for the purpose of insuring bank deposits. It was established by an act of Congress approved June 16, 1933. 2. Q. Wlzo controls tlze Corporation? A. A board of directors of three members. Two are appointed by the President by and with the advice and consent of the Senate. The other member is the Comptroller of the Currency, who serves ex officio. Not more than two directors can be from the same political party. posits of four banks which have been closed since 3. Q. Where are tlze offices of tlze Insurance Corporation? A. The main office is in Washington, D.C., and there are 15 district offices situated in various sections of the country. (A list of these district offices, with the territories they serve, is to be found on p. 10.) the Corporation went into operation were being THE INSURANCE positors, in particular, and the general public as well, a clearer idea of what deposit insurance is doing for them. In actual results the plan has been eminently satisfactory. For example, insured de- paid on August I. It was estimated that 99 percent of their depositors would be paid in full. The depositors of closed insured banks are assured of immediate payment. In the four suspensions cited above the Corporation has begun paying depositors within ten days of the appointment of a receiver. 4. Q. Wlzat is deposit insurance? A. The protection of depositors against loss of • their deposits in the event of bank failure. At the present time the maximum amount insured for each depositor is $5,000. 5. Q. When did the FEDERAL DEPOSIT INSURANCE CORPORATION begin insuring deposits? A. January r, 1934. THE FUND 6. Q. What is the Temporary Federal Deposit Insurance Fund? A. A fund created by payments from insured banks. Page2 Page3 �7. Q. How long will the temporary phase of d:sit insurance continue? A. By act of Congress it is to continue until] uly 1 1935, whenitwill be replaced by the permanent plan: 8. Q. Is the FEDERAL DEPOSIT INSURANCE CoRP0RATI0N a permanent organization? A. Yes. g. Q. What is the source ef the monrys ef the Insurance Corporation? A. They come from three sources: A subscription from the Treasury of the United States of $150,000,000, a subscription from the Federal Reserve banks of about $140,000,000, and payments by insured banks. 10. Q. How large is the Fund and how are its monrys invested? A. At the present time it amounts to $320,000,000 and is being held in cash or invested in United States Government securities. The Corporation may also issue its bonds to the Reconstruction Finance Corporation to the amount of another $250,000,000, although this has not been done as yet. ELIGIBLE BANKS II. Q. Do all banks have deposit insurance? A. All banks which are members of the Federal Reserve System (which includes all nati~nal banks in the United States and some State banks) were required by law to join the Temporary Federal Deposit Insurance Fund. State banks not members of the Federal Reserve System were free to apply for insurance or not as they chose. The great majority of them are now insured. 12. Q. How are insured banks to be distinguished? A. After October r, x934, insured banks will carry the insignia of the F.D.I.C. at their receiving ·windows. (A reproduction of it is to be found on P· x_x.) Further, they have been supplied with a certificate of membership which they will be glad to show you. Page4 ' I 3· Q. How many banks are members ef the fund? A. On August I, 1934, there were 14,054 of the nation's banks in the fund. Of these, 963 were State member banks of the Federal Reserve System, 5,438 were national banks, and 7,653 were State nonmember banks. 14. Q. Can mutual savings banks become insured by the Corporation? A. Yes. The benefits of deposit insurance are available to mutual savings banks. I 5. Q. Can savings banks become members ef the Temporary Federal Deposit Insurance Fund? A: Yes; together with all banks doing a deposit busmess they are free to apply for insurance. 16. Q. Among insured banks, why has interest on demand deposits been prohibited and a maximum interest rate set for time and savings deposits? A. Under the Banking Act of 1933, banks. which are members of the Federal Reserve System are prohibited from paying any interest on demand deposits and it is made the duty of the Federal Reserve Board to adopt regulations prescribing the maximum rates of interest to be paid on time and savings deposits. To carry out this policy and in the interest of sound banking the Federal Reserve Board set the maximum rate ofinterest at 3 percent on time and savings deposits. The member banks to which this regulations applied were required to insure their deposits. Other banks were permitted to insure their deposits upon voluntary application. Congress declared that all banks should enjoy equally the benefits of insurance. In order to secure such equal enjoyment it was necessary for the FEDERAL DEPOSIT INSURANCE CORPORATION by regulation, to prevent the banks which were no; members of the Federal Reserve System from paying any interest on demand deposits and from paying a higher rate of interest on time and savings deposits than could be paid under the lawful regulations of the Federal Reserve Board. An important Page5 �, , attribute of sound banking has thus been extended to all insured banks. DEPOSITS INSURED 22. Q. What is meant by tlze phrase "owner of a claim arising out of a deposit liability" of a closed bank? A. Any person holding evidence of a bank's deposit obligation to him or evidence of some debt arising from the bank's deposit obligations is considered the owner of a claim against the deposit liabilities of a closed bank. CLOSED BANKS 17. Q. When a bank is closed through inability to pay its depositors, does the Insurance Corporation make tlze insured portion of deposits immediately available? A. Yes. Just as soon as a receiver or liquidator has been put in charge the Insurance Corporation proceeds to make the insured deposits available to the depositors. 23. Q. Are any deposits preferred under the scheme of deposit insurance? A. No. All share equally in the benefits of deposit insurance. 18. Q. What is the method for making available to the depositors the insured amount of their deposits? A. A new national bank is immediately set up by the F.D.I.C. to pay the insured deposits of the closed bank. 24. Q. Do all types of deposits have the benefits of insurance? A. Yes. All types of personal and corporate deposit obligations, deposits of public funds, and deposits of other banks in insured banks are included in the plan. Trust funds awaiting investment are also included in this insurance. 19. Q. Does the new national bank set up by the F.D.I.C. pay interest on the insured accounts of the closed institution? A. No. Interest is not paid on the insured accounts of closed institutions. 20. Q. What happens to a closed bank after the Corporation has taken over the insured deposit liability? A. A closed bank is placed in liquidation. If it be a national bank the Comptroller of the Currency appoints the Corporation as receiver. If it be a State bank the Corporation may or may not be appointed receiver, depending upon whether the State law authorizes such appointment and upon the discretion of the appointing power. To facilitate liquidation the Corporation may purch~e the assets of the closed bank if it be a member of the Federal Reserve System. 2 I. Q. Does the Corporation pay the insured deposits regardless of the reason for failure of a closed bank? A. Yes. The purpose of deposit insurance is to prevent loss to depositors and hence the reason for failure does not influence the Corporation's liability. Page6 l 25. Q. Must' a depositor have $5,000 in his account before he can enjoy insurance benefits? A. No. Five thousand dollars is the insured limit for one depositor and all amounts up to and including that are fully insured. Accounts larger than that are insured up to $5,000. This does not mean that a depositor with an account of $ 100 will be paid $5,000 in the event his bank closes, but it does mean that he will get all of his $100. 26. Q, What proof of his claim is it necessary for a depositor in a closed bank to present in order to bepaid his insured deposit? A. His pass book, certificates, or other evidence of the closed bank's deposit debt to him and some means of personal identification are sufficient proof of the depoiitor's claim. 27. Q. Ifa depositor has billsfalling due and his bank is closed, can he check against the insuredportion ofhis account? A. No. The closed bank will be in the hands of the receiver. However, the new bank of the Page 7 �<? Insurance Corporation will make immediately available the insured amount due him so that he will not be greatly inconvenienced. 28. Q. How does the Corporation pay the insured deposits? A. As the claims of depositors are approved and allowed, orders are issued which may be paid at once or through the Federal Reserve bank of the Reserve district where the closed bank is situated. 29. Q. May the depositor get the insured portion of his account in cash? A. Yes. The depositor may be paid in cash if he so desires. ' 33. Q. Would it be possible to take four equal negotiable certificates of deposit for an account of $20,000 and thus procure full insurance? A. No. This would cause their holder to be an owner in the same right and in the same capacity and, hence, his insurance claim would be limited to $5,000. If after taking them out the original owner subsequently transferred them to four separate persons in the usual course of business, each of those holders would, however, have an insured claim. 30. Q. If a bank customer has unused traveler's checks in his possession at the time tlze issuing bank suspends, will they be accepted as claims against the insured deposit liabiliry of the bank? A. If the traveler's checks issued by the closed bank are the outgrowth of the holder's deposits they are acceptable to the limit of the insurance. 3 I . Q. If the books of a bank show that a husband and wife each have an account in each of their names and, in addition, have a jointly owned account, does each of these accounts come under the benefits of the insurance and are they considered separately in determining the amount due under the insurance limit? A. Yes; if the accounts are in fact owned as shown on the bank records. In the case of the jointly owned account, however, the right of survivorship must have been provided. 32. Q. If an estate of $20,000 is being held in a closed bank and there are four heirs to share equally in it, is the account thus fully insured? A. If the title of the account states the names of the four heirs and specifies that they are to share equally, the account is separately owned in four equal undivided parts and the individual owners are fully protected. If the title is not so held the account is considered as a unit and the amount payable by the Insurance Corporation is limited to the maximum of$5,ooo. Page 8 Page9 �~ FEDERAL DEPOSIT INSURANCE CORPORATION t:,. DISTRICT OFFICES AND TERRITORIES SERVED t:,. t:,. "v t:,. t:,. t:,. District No. 1.-Boston, Mass.: Massachusetts, Maine, New Hampshire, Vermont, Rhode Island, and Connecticut. District No. 2.-New York Ciry: New York, New Jersey, and Delaware. District No. 3.-Columbus, Ohio: Ohio and Pennsylvania. District No. 4.-Richmond, Va: District of Columbia, Maryland, North Carofuia, South Carolina, Virginia, and West Virginia. DEPOSITS INSURED BY The Federal Deposit Insurance Corporation WASHINGTON, D. C. $5000 MAXIMUM INSURANCE FOR EACH DEPOSITOR $5000 District No. 5.-Atlanta, Ga.: Georgia, Alabama, Florida, Mississippi, and Louisiana. District No. 6.-Louisville, Ky.: Kentucky, Tennessee, and Indiana. District No. 7.-Springfield, Mo.: Missouri and Arkansas. District No. 8.-Chicago, Ill.: Illinois and Iowa. District No. 9.-Madison, Wis.: Wisconsin and Michigan. District No. 10.-St. Paul, Minn.: Minnesota, North Dakota, and South Dakota. NoTE.-The above sign is being displayed • at the receiving windows of all insured banks. effective October 1, 1934. Mutual savings banks operate under a separate fund and have the privilege of electing $2,500 or $5,000 as the maximum insurance District No. II.-Kansas Ciry, Mo.: Kansas, Nebraska, and Oklahoma. District No. 12.-Dallas, Tex.: Texas and New Mexico. District No. 13.-Salt Lake Ciry, Utah: Montana, Utah, Nevada, Wyoming, Colorado, and Idaho (southern counties). V V V "" V District No. 14.-Seattle, Wash.: Washington, Oregon, and Idaho (northern counties). District No. 15.-San Francisco, Calif.: California and Arizona. Page 10 79627°-34 U, S. GOVERNMENT PRIHTIHG OP'FICE t 18!4 � 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 Questions and Answers on Deposit Insurance - The Federal Deposit Insurance Corporation Circular No.1 - August 1934 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1934-08 Subject The topic of the resource Information regarding The Federal Deposit Insurance. Description An account of the resource A 9" x 4" white booklet with black text and hand writing in upper right corner. Type The nature or genre of the resource text Creator An entity primarily responsible for making the resource The Union Pacific Coal Co. Identifier An unambiguous reference to the resource within a given context 1-0165 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/4147ac8501574c337978860d0e1a6ea1.pdf 48415a0db3ada5805067a799b56d39e4 PDF Text Text ST ATE OF WYOMING WO JRli(lWEN'§ COMIJPJEN§ATKON ACT And Acts Relating Thereto With All Amendments To Date MAY 1, 1933 Compiled by H. R. WESTON, STATE TREASURER CHEYENNE, WYOMING �STATE OF WYOMING W o:irkmen's Compensation Act AND ACTS RELATING THERETO WITH ALL AMENDMENTS TO DATE. MAY 1, 1933. COMPILED BY H. R. WESTON, STATE TREASURER CHEYENNE, WYO. �W-ORI{MEN'S COl\11:lPENSA 1'ION ACT CHAPTER 124 R. S. 1931 Section. 124-101. Name of law. 124-102. General provisions. 124-103. Provisions exclusive, compul ory and obligatory. 124-104. Extra-hazardous occupations defined. 124-105. Exceptions. 124-106-7. Definit ions. 124-108. Guardian may act for person under disa bility. 124-109. If other than employer is liable. 124-110. Thi s chapter governs as to liability of employer. 124-111. Blank forms supplied by state treasurer. 124-112. Reports of accident. 124-113. Investigation by the district judge-Procedure in disputed cases. 124-114. Appeal to supreme court. 124-115. Court order recorded-Copies to auditor and treasurer. • 124-116. Industrial accident fund-Appropriation. 124-117. Employers' assessments. 124-118. Filing of payrolls with state treasurer. 124-119. Inspectors-Failure to pay assessment-Penalty. 124-120. Compensation schedule. 124-121. Additional compensation for disfigurement. 124-122. Compensation for hernia. 124-123. Forfeiture by injured employe-Payments withheld. 124-124. Exemption from excution or attachment. 124-125. l\Iinor workman. 124-126. Extra-hazardous public work-Contract work. 124-127. Safety devices. 124-128. Unlawful to receive more than 5 per cent of compensation for services rendered. 124-129. Physicians required to testify. 124-130. False statement by employee. 124-131. Annual report by state treasurer. 124-132. Examination by state· treasurer. �2 WORKMEN'S COMPENSATION ACT WORKMEN'S COMPENSATION ACT 3 12-1-133. Disabler) ~vorkman examined by employer's physician-Recovery r eported to court. 124-134 . Employes' statements of dependent persons. 124-135. Assignment of rights and benefits. *124-136. Closing of accounts. 124-137. Actions against employer independent of chapter. 124-138. Re-opening of cases. 124-139. Bills to be itemized-Time of filing. 124-140. Notification by doctor. 124-141. Awards. 124-142. Deferred payment account. 124-143. Bribery. 124-101. Name of law. This chapter shall Le known a s the "workmen's compensation law." [L. '15, c. 124, § 1; C. S. '20, §4315. ,vorkman·s comiicn~ntion act w-=>uld be valid ns to the rcm..a.in<ler c,·cn if the provision for non.payme nt for the first ten days ,,a!) invalid. being sc,·crnbl~. Zancan el li v. Central Coal & Cohe Co., ~5 Wyo. 511, 173 P. OS !. \Vorkmc n's rompc n~ation act is vnlicl, and not contrury to nny prav:sion of the stnte or fe<leral constitutions . Id. \Vorkmcn"s com11cnsnlion act docs not vioh te amend ment to const. art. 10 , § 4. ,•,rovitling <.·om1~nsation "to c:u:h person injured," in that no compcmmtion is a llowed for firs t 10 days of disability. Id. ,vorkmc n·s compensation ad. § 124-113, <l t>S not <leny the right of nn cmploye to be represented by counse l, in view of § l~il-12:-:. relating to fees o! attorneys. Id. Workmen's coll\rcnsation net is not unconstitutional in that the 1,ro,·ision th a t children o,·er the ai;e of 16 s hall n ot be considered dcp~n<lents unless incapacitated. Id. \Vorkmen•s t.."Omi,C"nsation act is not uncons titutional in that nonreside nt alien family or deceased cmploye shall rccci\le only 33 1>c1· L·ent or amount allowed to resic.lcnts or state. Ic.1. This ch:q,tcr held , not lm~cd on unreasonable cla.5si!ication, citing const. art. l § 3•1. Ideal Bakery v. Schryver, 43 Wyo.- , 209, P. i g4. Under § 124-1~4. pl'<lviding that no money J>ayable under this chnpter, shall , prior to issuunce and delivery o( \\.·arrn.nt therefor, "1>.1s.; lo any other ,person by operation of lnw." the right£;. a£ an injure<l employc to compensation provided for in §§ l:!•1-lU:!, 124-103. 124- 113, did not vass to his ntlministratoo:- as an as~ct o( his estate on his death :::i.fter award hatl been made, but before the issuance or delivery of the wnrrant .1:ro\·ille<l for in § ll4-115, since in its or<linnry nnd u~unl t-.Cnsc ,vith in § 112-llll, the phrase "by operation of law:· when U~El.l to <lescribe a method by which title to property is t ransferred . incluc.lcs n tr~nsfer by intestacy. La Cha11pclle v. Union Pacific Coal Co., 29 Wyo. 4'19, 214 P . 587, This chapter cited in State v. Carter, 30 Wyo. 22. 43, 215 P. 477, -1M. Finding~ on e\·i<lcnce in compensation contest conclusive. Star.tlard Oil Co. of Indiana v. Sullivan. 33 Wyo. 223, 237 P. !!53. Award not conjectural, though different finding justified. Id. Under this chapter there is a prima fncie right to com,t,ensation when dhu1bility or death is result of nn injury sus,.. tained in cxtra-hn1.nnlous employment and the right thereto •hould not be dcnieu unless the injury was due solely to the negligence of the workman whose injury or den th is the basis of the claim, nnu the burden of proving such affirmative defense is on the employer, in view of § 124-112. Hotelling v. Fargo-West.em Oil Co., 33 Wyo. 240, 238 P. 542. •This i;eclion omitted In R. S. 1931. J Tola! di sabili ty . s hould n ol be dc-clarcd permanent, unless cortm n . Ca r te r Oil Co. v. Gibson, :J 4, Wyo. 5:l . 24 1 P . 219 . E vi c.l cncc he ld, to jus lify fi n<lini; that total <l isa bility wna pcrmnncnt. Id. Lcg i~.lnturc_ 1'11:\ ) ' irn po.sc t.luty on court reporter of mnkina 1~ ~ ~~ TJ~~ s;1;~n L·ascs free ot: cost. In re \V inboi·ne, t:t;~~~~l-3, Th io chnple r citc,1 in constru ing §§ 124-104 nnd 1?·1-1 07 In re Knr os, 3,1 \Vyo. 357, 243 P. 593. • Rul o th nt i_n cnsc of conflicling evidence npJlcllutc court wi:l not _rcvcr~c Judg ment supported by Hubstantial cvi<le ncc, hc~<l. novli cublf: _to cases under this chllJ)tcr. McMahon v. Mid.. wes t Rcf11unrr Co., 36 Wyo. 9U, 252 P. 1027 . Th is ~hnptcr cited in cons t.ruing certain sections he reof, In re H ibler, 37 Wi-o. 332, iG l P . G~ ij. This ch apter citc-tl in Reintsmn v. Standard Oil Co 37 Wyo 471. 2G3 P. Gl9, annotatc'tl unde r § 124-114. •• • Cited in construing § 12-1-112. In re Martini , 38 Wyo. 172 , 2G5 P. 707 . 124-102. Gener.:i l provisions. Compen ation herein provided fo r shall be payable to persons injure<i in extra-hazar dous employments, as herein defi ned or the dependent families of such, as die, as th~ result of such injuries, except in case of injuries due solely to the culpable neg ligence of the injured employes. Sa id compensation shall be payable from funds in the state t reasury to be accumulated and maintained in the manner herein provided. The right of each emplo.ye to compensation from such funds shall be in lieu of and s hall take the place of any and all rights of action against :my 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 23-129, 89-403 and 89-404, and all laws o-r parts of laws relating to damages for injuries or death from injuries or in anywise in conflict with this chapter are hereby repealed, as to the employments, employers and employes coming within the terms of this chapter. [L. '15, c. 124, § 2; C. S. '20, § 4316, Quoted in Zancanelli v. Central Coal & Coke Co., 25 Wyo, 611, 173 P. 081: and in Ideal Bakery v. Schryver, etc., 43 Wyo.-, 299 P. 284. Cited in La Chappelle v. Union Pacific Coal Co., 29 Wyo. 449, 214 P. 587, nnnotatcd under § 124-101. The word "solely," as used in Const. nrt. 10, § 4, nnd this section, enacted pursuant to authority there given. is a woI'd of exclusion, and may be used to mean "'only'' or .. exclusively,'' nml n.s used must be given a reasonnblc meaning, in v.ew of the known policy of this chapter, Hotelling v. FargoWestern Oil Co., 33 Wyo. 240, 238 P. 542. Pt00! held, insufficient to sustain affirmative defense thnt workman's death wns due solely to his own negligence: fellow workman's negligence immaterial. Id. City employe, injured while imvounding animals, which occuvation was not within compensation law, could not recover compensation, though also employed ns truck driver, which -..•as within Jaw. Leslie v. City of Casper, 42 Wyo. 44, 288 P. 15, 124-103. Provisions exclusive, compulsory and obligatory. The rights and remedies provided in this chapter for an employe on account of an injury shall be exclusive of all other rights and remedies of such employe, his personal or legal representatives or dependent family at common low or otherwise on account of such injury; and the terms, conditions and provisions o.f this chapter for the payment of compensation and the amount thereof for �4 WORd EN'S COMPENSATION ACT WORKMEN'S COMPENSATION ACT injuries sustained or death resulting from such injuries shall be exclusive, compulsory and obligatory upon both employers and employes coming within the provisions hereof. [L. '15, c. 124, § 3; ,c. s. '20, § 4317. 6l~u~w ~~ lsn,~canelli v. Central Con! & Coke Co. , 25 Wyo. Cited in La Chn,ppelle v. Union Paci fi c Con! C0 29 449, 214 P. 587, nnnotate<l under § 124-1 01. ·• wyo. 124-104. Extra-Hazardous .occupations defined. The extra-hazardous occupations to which t his chapter is applicable are as follows : F actories, garages, mills, printing plants and workshops where machinery is used; foundries, blast fu rnaces, mi nes, oil wells, oil refineries, gasoline fillin g stations and bulk oil stations, gas works, na tu ral gas plants, water works, reduction works, brewer ies, elevators, dredges, excavations, transfer companies, gener al teaming, general trucking, ditch rider of irrigation districts, smelters, powder works, laundries opera ted by power, restaurant and bakery kit chens wher e power machinery is used, quarries, engineering works, logging, lumber yards, lumbering and saw mill operations, dude ranching, street and interurban railroads not engaged in interstate commerce, buildings being constructed, repaired, moved or demolished, painting operations, telephone, telegraph, electric light or power plants or lines, steam heating or power plants, railroads not engaged in interstate commerce, bridge building, the occupations of city or town firemen and city or town policemen, and all employments wherein a process requiring the use of •any dangerous explosives or inflammable materials is carried on, which is conducted for the purpose of business trade or gain, each of which employment is hereby determined to be extra-hazardous and in which, from the nature, conditions or means of prosecution of the work therein required risks to the life and limb of the workmen engaged therein are inherent, necessary or substantially unavoidable. This chapter shall not apply in any case where the injury occurred before this chapter takes effect, and to all rights which have accrued by reason of any such injury, prior to the taking effect of this chapter, shall be saved the remedies now e:idsting therefor. [L. '31, c. 94, § 1; amending L. '29, c. 46, § 1; L. '23, c. 60, § 1; L. '21, § 138, § 1; C. S. '20, § 4318. Questions of negligence for injury received in extrn,.hru:nrdous occur,alions staled. Hotelling , •. Fnrgo-Wcstern Oil Co., 33 Wyo. 240, 2~8 P. 542. Plasterer. contracting to move house nnd hiring helper, held, employer engaged in moving buildings. In re Karos, 34 Wyo. 357, 243 P. 593. Cited in Leslie v. City of Casper, 42 Wyo. 44. 288 P. 15, 11nnoto.t.:,d under § 124-102. QuotEd in ld<?lll Bo.kery v. Schryver, etc,, 43 Wyo.--, 299 P. 284. 5 124-105. Exceptions. This chapter shall not be construed to a pply t o bu siness or employments, which, according to I.aw are so engaged in interstate commerce as to be not subject to the legislative power of the sta t e nor to persons injured while they are so engaged, nor to any employe engaged in domestic ::service, r anch, fa rm, ag ricultural, or horticultural labor, or stock raising, or any per son holding an appointment as sheriff, or deputy sheriff, or constable or deputy constable. [L. '23, c. 60, § 2, amending C. S. '20, § 4319. 124-106-7. Definition s. In this chapter unless the context otherwise requires : (a) " Factories" mean any premises wherein power is u sed in manufacturing, making·, altering, adapting, ornamenting, fi nishing, repairing, or r enovating, any article fo r t he purpose of trade or gain, or the business carried on therein , including expressly any brick yar d, mea t packing house, foundry, smelter, ore r eduction works, lime-burning plant, stucco plant , team heating plant, electric lighting or power plant, including all wo,r ks in or directly connected wi th the construction, installation, operation, alterat ion, r emoval or repair of wires, cables, switchboards or apparatus used for the transmission of electric current, and wat er power plant, including tower and standpipes, power plant, blast furnaces, paper mill, printing plant, flour mill, glass factory, cement plant, artificial gas plant, machine or repair shop, oil plant, oil refinery plant and chemical manufacturing plant; (b) "Work shop" means any yard, plant, premises, room or place where power driven machinery is employed and manual labo,r is exercised: by way of trade or gain, or otherwise incidental to the process of making, altering, repairing, print·ing or ornamenting, finishing or adapting for sale or otherwise any article or part of article, over which premises, room or .place the employer of the person working therein has the right of access or control; (c) "Mill" means any plant, premises, room or place where machinery is used, any process of machinery, changing, altering or repairing any article or commodity for· sale or otherwise together with the yards and premises which are a part of the plant including elevators, warehouses and bunkers, saw mill, sash factory or other work in the lumber industry; (d) "Mine" means any opening in the earth for the purpose of extracting iron, oil, coal, or other minerals and all underground workings, slopes, drifts, shafts, galleries, wells and tunnels, and other ways, cuts and openings connected therewith, including those in the course of being opened, sunk or driven, · and includes all the appurtenant struc• tures or machinery at or about the openings of the �) = ~.:=;:::;=-6 WORKMEN'S COMPENSATION ACT mine, and any adjoining adjacent work place where the material fror.i a mine is prepared for use or _shipment; (e) "Quarry" means any place, not a mine, wher e sto~e, _slate, clay, sand, gravel or other solid matenal is dug or otherwise removed from th e eai·th for the purpose of trade or bargain or of the employer's trade or bu siness ; . (f) "Buildi1!g w-01·k" means any work in the erection,. construcbo~,. extension, decoration, alteration, repair or demoht1on of any building or structur al •appurtenances; (g) "Engineering work" means any work in t he construction, alteration, extension, r epair 01· dem~lition _of a r~ilway (as herein"oefore 'defined) br1dg~, Jetty, d1_ke, dam, reservior, under gr ound condmt, sewer, 011 or gas well, oil tank, gas tank, water tank or tower, or any caisson work in ar tificially compressed air, any work in dredging, work on lo.g or lumber rafts or booms; pile driving, m oving buildings, moving safes, or in laying, r epai ring or removing underground pipes and connections; the erection, installing, repairing, or removing of boilers, furnaces, engines and power machinery (in cluding 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 explosive is in use (excluding mining and quarrying); (g-1) "Dude ranching" for the purpose of this chapter is defined and means a ranch conducted primarily for the accommodation and entertainment of guests for monetary consideration; (h) "Employer" includes any municipality, county, person, or body of persons, corporate or incorporate, and the legal representatives of a deceased employer or the receiver or a trustee of a person, corporation, association or partnership. (i) "Workman" means any person who has entered into the employment of or works under contract of service or apprenticeship with an employer, except a person whose employment is purely casual and not for the purpose of the employer's trade or business, or those engaged in clerical work, and not subject to the hazards of the business, or one holding an official position. The term "workman" shall include "employe" and the term "employe" shall incude "workman" and each shall include the singular and plural of both sexes. Any reference to a workman who has been injured shall where the workman is dead, include a reference to his "dependent family" as hereinafter defined or to his legal representative, or where the workman is a minor or incompetent, to his guardian or next friend. (j) "Dependent families" as used in this chapter means such members of the workman's family --~}Er wholly or in part actually dependent upon I WORKMEN' S COMPE NSATION ACT 7 the workman fo r suppor t at the time of t he injury; if it be shown that the spouse wilful ly deser ted the workman without fau lt on the part of the wo rkman, such spouse will not be regarded as a dependent in any degree. No spouse hall be entitled to t he benefits of this chapter or influence any awa r d made hereunde r unless he or she shall have been married t o the workman by a marriage duly solemnized by a legal ceremony, at the time of the injury. (k) "Child or children" means the immediate offspring or legally adopted child or children of the injured workman, boys under sixteen years of age and girls under eighteen years· of age (and over said age, if physically or mentally incapacitated from ea rning) and shall also include legitimate children of the injured workman born after his death or injury. In other cases, questions of family dependency in whole or in part shall be determined in accordance with the fact, as the case may be, at the time of the injury; the foregoing definition of "dependent families" shall not include any of the per sons na med, who are aliens r esiding beyond the jurisdiction of the United States of America, except a surv ivi ng wi dow, or boys under sixteen (16) years of age or girls under eighteen (18) yea rs of a ge, or parent or parents, and as to such non-resident aliens t he rate of .compensation shall not exceed thil"ty-three and one-t hird per cent ( 33 1/ 3% ) of the rates of compensation herein provided. (1) The words "injuries sust ained ln extrahazardous employment," as used in this chapter shall include death resulting from injury, and injuries to employes, as a result of their employment and while at work in or ahout the premises occupied, used or controlled by the employer, and injuries occurring elsewhere while at work in places where their employer's business requires ·their presence and subjects them to extra-hazardous duties incident to the business, but shall not include injuries of the employe occurring while on his way to assume the duties of his employment or after leaving such duties, the proximate cause of ~hich injury is not the employer's negligence; (m) The words "injury and personal injury" shall not include injury caused by the wilful act of a third person directed against an employe for reasons personal to such employe, or because of his employment; nor a disease, except, as it shall directly result from an injury incurred in the employment; (n) "'Invalid" means one who is physically or mentally incapacitated from earning wages. [L. '15, c. 124, §6; C. S. '20, §4321, as amended; S. L. '33, c. 129, §1. Whether emp!oye's work is cnsual or for pul"l)oae of em- ployer's trade or business. within this section, defining work- �=-==-== ·· 9~==i.W-vOO~lr:KMEN'S COMPENSATION ACT m an , depends on facts of individual ca se. In re Karos, 34 Wyo. 357, 243 P. 5ns. House mover's employc, drh·ing tractor. held , work man, within compensation Jaw, thoug h cm.ploymcnt was casua l. Id. Subdivision (1) held, to include injuries suffered t h roug h the performance of all duties of the employmen t, whethe r main or incidental thereto but ca lled !or by it. Ideal Ilakery v. Schryver, etc., 43 \ Vyo.- , 2U9 P. 284. Cited In re Martini, 38 W yo. 1 i2, 265 P. 'i07, annotated under § 124-11 2. 124-108. Guardian may act for persons under disability. In case an injured workman is mentally incompetent or a minor, or where death result s fr om the injury, in case any of his dependents, as herein defined be menta lly incompetent or a minor, at the time when any right, or privilege accrues to him under this chapter, his g uardian may, in his behalf , .claim and exercise such right or privileg e a nd no limitation of time, in this chapter provided for, shall run, so long as such incompetent or minor has no guardian. [L. '15, c. 124 § 7; C. S. '20, § 4322. 124-109. If other than employer is liable. Where .an employe coming under the provisions of this chapter receives an injury under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof, and no legal liability attaches to the employer, then and in such case such employe shall be left to his remedy at law against such other person, and• compe.nsation shall not be payable under this chapter. [L. '15, c. 124, § 8; C. S. '20, § 4323. 124-110. This chapter governs as to liability of employer. No contract, rule, regulation or device whatsoever shall operate to relieve the employer, in whole or in part, from any liability created by this chapter except as herein provided. [ L. '15, c. 124, § 9; C. S. '20, § 4324. Whether stipulation for reopening cnse on certain conditions after final judgment allowing com.pensation to injured empl?ye ie void, under this section. is immnterinl in determ1n~ng .whether court hnd jurisdiction to reopen judgment, wh1~h adopted the confirmed statements in stipulation at least m part. Midwest Refining Co. v. George, 41 Wyo. 55, 281 P. 1005. 124-111. Blank forms supplied by state treasurer. It shall be the duty of the state treasurer to prepare, .cause to be printed and supplied free for use in the administration of this chapter such blank forms as may be needed in the administration thereof, and the forms provided by the state treasurer shall be used as near as may be in all procedure under this chapter; and it shall be the duty of the state treasurer to provide himself with such other books, records, or forms as may be deemed necessary to expedite the transaction of business under the provisions of this chapter. The state treasurer shall also prepare and cause to be printed, for the information of employes and workmen, such WORKMEN'S COMPENSATION ACT 9 helpful instructions as will assist injured workmen in correctly maki ng .claim fo r compe11 sation. [L. '23, c. 60, § 5 a mending L. '21, c. 138, § 4; C. S. '20, § 4325. 124-112. Reports of accident. Whenever a n accident occurs, cau ing· inju ry to any workman engaged in any of the extra-hazardous employments defined by thi s chapter, it shall be the duty of the employer and t he injured employe, or someone on his behalf, or in behalf of the injured employe·s dependents, if he be killed or dies from the inju ry, within 20 days thereafter to make a report of such accident and the apparent injury resulting therefrom and to f ile said report in the office of th e clerk of the district court of the county wherein such accident occu rred which repo1t shall state : (1) The name of the injured workman and the time, cause and nature of the accident and iJ1jury ; also whether the injury has disabled the worlanan from continui ng the p erformance of his duties ; (2) Whether t he accident occurred while the workman was enga ged in the duties of his employment, and grew out of the employment; (3) The nature of the employment an d the duties and how long the workman has been engaged in the service of such employer; (4) Whether the accident was or was not due s olely to the culpable negligence of the injured employe and if so, a statement of the facts; ( 5) Whether the injured workman is married or single; whether he has a dependent family, and if so, the names of the persons .comprising such dependent family and their place of residence; (6) Whether the injured workman intends to claim compensation under this chapter. Said employer's report of accident may be made upon a printed form prepared by the state treasurer for such purposes, and shall be verified as ple.a dings in civil actions. Wilful failure or neglect, on the part of any employer whose business or occupation is one enumerated and defined herein as being extra-hazardous, to report accidents causing injury to any of his employes, shall be a misdemeanor and upon conviction such employer shall be punished by a fine of not exceeding five hundred dollars ( $500.00). The injured employe's report of accident may be made upon a printed form prepared by the state treasurer for that purpose. No order or award for compensation shall be made unless, in addition to the reports of accident, an application or claim for award is filed by- the injured workman, or someone on his behalf, or in case of the death of the injured workman, by his dependents or some one in their �l ORKMEN'S COMPENSATION ACT with the clerk of the district court in the county wherein such accident accurred, within five months after the day on ·which the injury occurred; provided, however, if the employe's report of accident, is filed within the prescribed pe1iod for filing an employe's report of accident, the period of limitation for the filing of such claim shall be nine months. 1-,either the reports of accidents nor anything therein contained shall constitute a claim for compensation. The employe's claim for compensation may be amended at any time before an original order of award has been made in order that the workman may correctly set out the nature of his injury. [C. S. '20, § 4326, as amended by L. '27, c. 111, § 1; L. '29, c. Gl, § 1. Cited in Hotelling Y. Farg o-Weste rn Oil Co., 33 \Vyo. 24~, 238 P. 542, anr. ~tulcd unde r ~ 12~-1 01. Report filed by cmp!o ye r. con ccrnini,! uccidcnt nn<l inju ry suffered Uiereby, is ordinarily mlmiss iUlc in e vidence. Idea l Bukcry v. Sch,·y,·cr. cte. ~3 W yo, - -, 200 P. 284. , Limitation o-f time for a1,nlicntion for compemmt:on by i njured em11loyc, held, a11pli cab1 c to inju1·icli result.in.g in death.. In re Martini. 38 Wyo. lH. 266 P. i07. Limitation for filing claim by injured cmployc, held, np p licnblc to cluim by su1•v; vini,: parents. ltl. That em}lloyc•s s urviving- 1iarcnts ,vc rc in Itnly, held, no e.-xcuse for not fitins~ claim io1· <':ompensation in time. Id. Lack of knowlet.l~c :is to limitation fo r filing claim f or C':Om pensation, hclt.1, no e......:cusc Io1· failure lo file cl uim wilhin p rescribed time. Id. 124-113. Investigation by the district judge-Procedure in disputed cases. Whenever an injury or death resulting from injury is reported to the clerk of the district court of the county wherein such injury .occurred, in accordance with the preceding section,. it shall be the duty of said clerk to at •once notify the judge of said court, that such injury report has been filed in his ·o ffice. It shall thereupon be the duty of said judge to investigate the nature of said injury and claim for compensation at the earliest possible date, in such a manner as he may deem necessary to ascertain wheth~r t?e claim for compensation or the amount therof, 1s d1s.puted by the employer, and if there be no dispu_te, as to the right of the injured workman to receive compensation, or as to the amount thereof, and the claim appear to be free from collusion, said -judge shall thereupon make an order directing payment for such compensation from the state industrial accident fund in accordance with the facts by him ascertained and the terms of this chapter. If the judge finds it necessary to refer the matter to a referee for investigation, he shall make an order in the case to that end, and upon the approval of the referee's report by the court a fee may be allowed to the referee not to exceed in any one case such sum as the judge may fix to be taxed .and paid as costs. Where a reference is made, and the evidence has been taken, and reported to the court, upon the consent of the parties, the court may consider the same and render judgment in vacation in I l •j WORKMEN 'S COMPENSATIO ACT 11 any county of the state, allowing t he part ies to make oral argu ment, or f ile written briefs, subject to such rules of t he court as in other civi l ca ses. If there be a dispute, a s to the righ t of said injured employe or hi s dependent fam ily t o kceiYe .compen sation, or a s to the amou nt there.of, the n it shall be the duty of said judge to s t t he case down for a hearing at the earli est possible date and to di r ect notice of such hea ring to be i sued by the clerk of said court for service upon the employer and t he employe at least seven (7) days before the date fixed for said hearing, which said notice shall be served by the sheriff of said county without expense to either pa rty, except that his actual tra,•eling expenses shall be a llowed and taxed, as ,costs. The hearing shall be conducted upon the statement and report f iled by t he employer, and such formal claims as may be presented and fi led ,vith the clerk of the district court by or on behalf of t he inju red wor kman. If the em ployer , in his report of the in ju ry, alleges that the inju ry was due solely to the culpa ble negligence of the in jur ed mploye, or that t he claim for compen sation is one not coming within the provisions of t hi chapter, then a jury may be demanded by either party and t he cause shall be t ried, a a court proceeding. If a jury is demanded , it may be selected from names cir.a wn from t he fi ve mile limi t jury box, a s in civil cases, at any time 1n t erm ti me or vacation unless a r egular j ury panel be in attendance at the court on the date a ny such hearin g may occur. The taking of evidence shall be a summary, giving a full opportunity to all parties to develop the facts fully. , The official .court reporter of the district court shall attend the hearing and make a stenographic report of the evidence without cost to either party. The court or judge shall direct the county and prosecuting attorney, or other competent attorney appointed by the court to conduct the examination of witnesses on behalf of the injured workman, and it shall be the duty of said attorney to appear and perform such service without expense to either party. The employer may appear in person or by counsel and introduce evidence at the same hearing. No costs shall be taxed• by the clerk except fees for witnesses, who may be subpoenaed and who shall be allowed the same fees, for attendance and mileage, as is fixed by law in civil actions, and jury costs shall be taxed to and paid from the accident fund, if the verdict and judgment be in favor of the employer; but if against the employer then he shall pay the costs. The injured workman, or his dependents, may have two witnesses, as of course at the expense of the fund; said injured workman, or his dependents, shall also be entitled to two more witnesses, in addition to the above, to be allowed by the court or the judge thereof, on making and filing with the clerk of the court an affidavit setting forth the necessity therefor. And the injured workman, or h~s �COivlPENSATION ACT dependents, shall be entitled to more witnesses, a t the expense of the fund, to be allowed by the court or the judge thereof, when there is filed with the clerk of the court, addressed to the court, an affidavit stating what other witnesses a re required, together with the facts expected to be proved by them, and should the court deem the exp ected evidence material, then the court sha ll make an order authorizing the i~suing of such subpoenas for witnesses as the court may deem necessary. This provision shall apply a s well in the taking of depositions as in trials to the court. At the conclusion of the hea ring, the court shall enter an order pu rsuant to the verdict of the jury, if a jury be ca lled, and if no jury be called, the court or judge sha ll render a decision upon the facts and law of the case pursuant to the provisions of this .chapter, and make an order allowing or disallowing compensation , as the law and the evidence may warrant. In a ny proceeding before a court or judge, as aforesaid, the court or judge sha ll have authority to app oint a duly qualified impartial physician to examine t he injured ernploye a nd giYe testimony. The fee fol' such service shall be five dollars ($5.00), unless otherwise ordered o y the court, with mileage allowance, as is allowed to other ,vitnesses, which shall be taxed as costs, and paid as other witness f ees are paid. The employer or employe may, a t his own expense, also appoint a qualified physician, who may attend and be present at any such exa mina tion of an injured ernploye and give testimony at such hearing or investigation. [L. '15, c. 124, § 12; C. S. '20, § 4327, S. L. '33, c. 129, § 2. This section docs not deny the right of an employe to be represented by counsel, in view oi § 12•1•128, relating to i ecs of attorneys. Zancanclli v. Central Coal & Coke Co., 25 Wyo. 511, 173 P. 981. Court in compe nsation 111"0Cecdin~ _held, nuthorizcd _to secure expert t estimony on effect of 1nJury, though bearing , ,0;1 ultim ate fact. Sakamoto v. Kemmerer Coa l Co., 36 Y..' yo. 3lo, 255 P. 356. Refu sal to take compensation case from ju ry a£tcr employer ad.m itl<.'"<.l there w as no evidence of wo1·km nn's c~p.1blo negligence, held, not error. In re Hibler, 37 ,vyo. 33-, 261 P. 648. . Hcar•my testimony of decca.sed employe's ~vi~e, concerning employc"s statemcnt!:i relatin R" to injury, ndm1ss1ble where ~o object.on was made at trial . Ideal Bakery v, Schryver , 43 ,v> o. - - , 299 P. 284. Ciled in La Chappelle v. Union P a cific Goa.I Co., 29 \\' yo. 449 , 214 P. 587 , nnnot utc-cl under § 124-101. Cited in Midwest Refin in g Co. v George, 41 Wyo. 55, 281 P. 1005, a nnot ated under § 124-1,10. Midwest Refining Co. v, George, 44 Wyo. 25. 124-11 &. Appeal to supreme court. Any order given and made in any investigation or hearing ~y a court or judge, pursuant to the provisions of this chapter, shall be reviewable by the state supreme court on proceedings in error in the manner prescribed by the code of civil pro.c edure; provided, however, that the petition in error, bill of exceptions and record on appeal must be filed in the supreme court within seventy (70) days from the date of ~ WORKMEN'S COMPENSATIO N ACT 13 decision or • order on motion fo r new tr ial by a court or judge, unless the time be extended by order of court or j udge ; and fi f teen (15) days shall be allowed plantiff in error t hereaf ter for filing brief, and fifteen (16) days thereafter shall be allowed defenda nt in er ror for filing brief, and said appeal shall be a dva nced on the calendar and disposed of as promptly a s p ossible. In case an appeal to the supreme court is prosecuted on behalf of the in. jured workman, the county and prosecuting attorney, or other attorney representing said wor kman, shall order a t ranscript of the r ecord of the hearing and proceeding· to be prepared by the official court r eporter of the dishict wherein said injury occurred and duly certified without cost to said injured workman, and said county and prosecuting attorney or other attorney shall order the papers on file in the office of the clerk of the district court to be by said clerk prepared, t ran scripted, certified and forwa rded t o the clerk of the supreme court, without cost to t he injured workman, an d t he proceedin gs in the supreme comt , shall be conducted on behalf of t he injur ed workman by t he attorney general of t he state a s part of his officia l duties, and by any ot her attorney representing said workman. In ,case an appeal be prosecuted on behalf of t he employer, t he record of the proceedings a t the original hearing shall be supplied ,vithout cost to such employer, but such employer may employ counsel to conduct such appeal on his behalf. The court granting an appeal to an employer from an order of award sha ll stay, until the appeal is finally determined, the payment of said award or that portion thereof appealed from upon such terms as may to the court seem just and proper. [L. '31, c. 73, § 59, amending L. '25, c. 124, § 2; C. S. '20, § 4328. Law permitting retention of fees by re.Porter for transcripts held, not to repeal law requiring tra nscripts in compensation cnses to be furni shed without cost to parties. In re ,Vinborne, 34 Wyo. 349, 244 P . 135. Cost of transcript, in appenl under this chapter, not contingent expense payable out of industrial nccident fund, nor from interest earned by Enid fund. Judgment on substantial evidence in compensation cnse i• conclusive. McMnhon v. Midwest Refining Co., 36 Wyo. 90, 252 P. 1027. Where petition in error nnd record in compensation cnso were not filed within time limited, the supreme court wns without jurisdiction. Reitsma v. Standard Oil Co.. 37 Wyo. 471, 263 P. 619. Motion for new trial, under this section, must be filed within 10 days from finnl order, nnd, where not so filed, er~or proceedings must be dismissed where motion for a new trinl was necessnry. Standard Oil Co. v. Buchnnnn, 39 Wyo. 372, 271 P. 876. Procedure on o;ppenl in ordinnry civil ca.scs npplies to cnses under compensation act, except as otherwise provided. Id. Assignment of error in motion for new trinl not urged In brief is waived. Ideal Bakery v. Schryver, 43 Wyo. - - , 299 P. 284. Unless an appeal from nn order, in proceedings under . th_is chapter, is perfected by fil_ing record. in supreme court w1thm 30 days thereafter ns required by thw section, or as extended �ORK.ME N'S COMPE NSATION ACT WORKMEN'S COMPENSATION ACT by order of cou rt or j udge, the supre me cou rt bas no j uris ... diction of the case on appeal. In re l{rivokapich, 41 \ Vyo. meet the demands Upon it, in which case the treasurer shall transfer from t he "reserve fun d" to the "general f und" a sufficient amount to meet the immediate demands upon sai d "general fund." The purpose of creating said "reser ve f und" is to provide a fund within the indust rial accident fund sufficiently large to pay great a nd unusual demands upon t he indu trial accident fund which might be caused by a la rge disaster or by several such disasters occurring within a short time, and the "reserve fund" shall be kept apart fr om t he "general f und," and a s near as may be unused in accorda nce with said purpose. The state treasurer shall set aside in the "reserve fu nd" at t he end of each month twenty-five per cent (25% ) of a ll moneys received in the industrial accident f und during said mont h in excess of the amount expended, the balance of moneys so r eceived to be used in t he "general fund." 'fhre e-fo urths of the "reserve f und" shall be as near as may be kept invested in Uni ted States government bonds, state, county, school district or municipal bonds. All moneys r eceived by the state treasurer under the provisions of this chapter hall become a part of the indu strial accident fund . All f ees or mileage of witnesses, jurors and physicians adj udged to be pa id from the accident fund in any court proceeding under this chapter, and all contingent expen ses incuned in preparing fo r and in the administration of this chapter shall be paid from the industrial accident fund on proper vouchers and warrants. [L. '31, c. 73, § 60, amending L. '21, ~- 65, § 1; C. S. '20 , § 4330. 9, 281 P. 195. Failure. of parlies aJ>pcalini:: :Crom ~wa rd of compc:nsa t ion pi-oceedi ngs to fil e record wit hin st ntuto ry p eriod r equired dismissal. Id . Cnse dismissed for failu re to 11crfcct appeal in time. Marsh v. Alioe, 43 Wyo. - - . Proceedings held, r eviewa ble by direct nppenl except where altered, in view of t.his section . Marsh v. A lj oc, 41 ,vyo. 119, 282 P. 1055. District court held, a u thorized to m ake second extension order for perfecting appea l lo s upreme court. Id. Right of compensation claimant to atto rney gener a l' s services must yield to st-ate treasurer's rig ht thereto, when he ~ titians to reopen cusc. l d . Supreme court has no j urisdiction o! appeal in com pe nsal.ion proceedings taken a f ter c.x1Jiralion o f s tntutory pcr;ocl, therefore without order extending time. In re Contas, 42 Wyo. 59, 269 P . 368. Gencal terms of com11ensation law, fi xi n g time !or fili ng record on uppcal, we re applicable to filing record in com pensation cn.scs unde r subsequently created appellate J>rocedurc. In re Contas, 42 Wyo. 94, 291 P. ~14 . To entitle r ecord on appeal to be fil ed with in stat u tory period, docket fees must be paid to clerk within time ul• lowed. Id. Appella nt has du ty of seeing that his record on a11pc.:1l io forwarded to supreme court as required by law. Id. 124-115. Court order recorded-Copies to auditor and treasurer. Every order given and made by a district court or judge awarding payment from the industrial accident fund to an injured employe 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 treasurer, 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 direc- tion of the state .auditor to issue warrants for compensation awards against the industiial accident fund and for the state treasurer to pay such compensation awards from said fund. [L. '15, c. 124, § 14; C. S. '20, § 4329. Cited in La Chap11elle v. Union Pacific Coal Co., 29 Wyo. 449, 214 P. 687, annotated unde r § 124-101. 124-116. Industrial accident fund - Appropriation. There is hereby created a fund to be lrnown as the "industrial accident fund," which shall be held by the state treasurer and by him deposited in such banks as are authorized to receive deposits of the funds of the state. The treasurer in making said deposits shall divide the said industrial accident fund into two distinct funds, one to be known as the "general fund" and the other to be knov.rr1 as the "reserve fund." The "general fund" as near as may be, shall be used for payment of all awards, claims and items of expense chargeable against the industrial accident fund, and the "reserve fund" shall not be used for any of said payments unless the "general fund" at the time is insufficient to 15 Contingent expenses'' pnynble out of industria l a ccident func.l, refers only to ex,p,cnses in admi nistration of state dc-partments, does not include cost of transcr ipt in appea l u nder this chapter. In re Winborne, 34 Wyo. 349, 244 P. 135. 0 124-117. Every employer engaged in any of the occupations herein defined as extra-hazardous, is hereby . required to pay into the state treasury for the benefit of the industrial accident fund a sum of money equal to one and one-half per cent (1 ½.% ) of the money earned by each of his employes engaged in such extra-hazardous employment during each calendar month of such employment. Such payment shall be so made on or before the 15th day of the month following the month for which such payments are computed and paid. Each employer shall continue to . make monthly contributions as above provided unless his account, after making the hereinafter specified deductions therefrom, shall equal full two per cent (2%) of his annual payroll computed by multiplying his current month's payroll' of workmen engaged in extra-hazardous employment by twelve and shall likewise be not less than three thousand dollars ($3,000.00) provided, however, that any employer whose account is overdrawn shall be required to pay monthly a sum of �WORKMEN'S COlVIPE NSATION ACT COMPENSATION ACT money (including the payments as above specified) equal to four per ,eent ( 4% ) of the money earned by each of his employes engaged in such extrahazardous employment during each calendar month of such employment until such overdraft shall be paid. Such employer shall not be compelled to contribute when his contlibutions 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 reqµired by this section to be paid into the industrial ac.cident fund, every employer engaged in any of the occupations herein defined as extra-hazardous shall make a payment to be known as a "service and policing charge." Such service and policing charge shall be paid by the employer into the state treasury for the benefit of the industrial accident fund and shall not be credited to the balance of the employer contributing. The amount of balance in the industrial accident fund to the employer's credit shall not relieve him of his duty and liability to pay the s·e rvice and policing charge; provided, however, that no employer who pays for any calendar month four per cent. of the moneys earned by each of his employes engaged in such extra-hazardous employment during such calendar month shall be .compelled to pay a service and policing charge for such month. The service and policing charge shall be computed on the monthly premium paid by the individual employer into the state treasury for the benefit of the industrial accident fund during each calendar month 1 or on the premium whkh the employer would have been required to pay had not the amount of the employer's balance relieved him from the payment of a premium. The amount of the service and policing charge shall be determined according to the following schedule: Service and Policing Charge Where the monthly payment for month. is less than 10.00 ______ - - - - - - $ 1.10 10.01 to 20.00___________ 2.20 20.01 to 30.00___________ 3.30 30.01 to 40.00 _ _ _ 4.40 40.01 to 50.00 ___ 5.50 60.01 to 60.00___________ 6.60 60.01 to 70.00____ 7.70 70.01 to 80.00___________ 8.80 80.01 to 90.00___________ 9.00 90.01 to 100.00___________ 9.50 100.01 to 150.00____ 13.50 150.01 to 200.00___________ 18.00 200.01 to 300.00======== 24.00 300.01 to 400.00 30.00 ~ 400.01 to 500.00____ 35.00 500.01 to 750.00____ 48.75 Over 17 750.01 t o 1,000.00 ___________ G0.00 1,000.01 to 1,500.00 ___________ 82.50 1,600.01 t o 2,000.00 ___ ______ __ 100.00 2,000.01 to 3,000.00 ___________ 120.00 3,000.01 to 4,000.00 ___________ 140.00 4,000.01 to 5,000.00 ______ _____ 150.00 5,000.00 ______________ ____ ___ 175.00 Provided, however, in that the expense of the administration of t his chapter and of making the colle.ctions herein fixed , is greater as t o non-resident empl oyers engaged in ext ra-hazardous occupations, tha n such expense obtains t o such employers bona fid e domiciled within t he state of Wyoming, the service and policing charge, upon t he mont hly premium paid by non-r esident employer s, engaged in extra-hazardous occupations, sha ll be double the fore going schedule, as the same applies to resident employers engaged in ext ra-hazardous occupation . " Non-resident" employers of e:irt ra-hazardous occupations shall give bond or other securit y in the s um of five hundred dollars ($500.00 ), t o be approved by t he st at e treasure r or his deputies, before starting the work. The contract of said bond or other security shall be condi tioned t hat the said employer will fai thfully perfo nn all t he duties imposed by thi s act upon employers engaged in extrahazaroous occupations and promptl y pay i nto the state treasury, at the time a nd in the manner set forth in section 12 4-117 of the Revised Statutes ·of Wyoming, 1931, and all acts amendatory or i n aid thereof , the sums of money required to be p aid by employers in extra-hazardous occupations. And to this end, "non-resident" employer~ ~ng,3ged in extra-hazardous occupations are hereby required, before starting •work, and from time to time after such work has been started, to report to the state treasurer the nature and progress of such work, the location of the same and the number of employes engaged in and upon the work and likely to be so engaged for the next thirty (30) days giving such further and detailed information as the state treasurer may reasonably demand. The ,villful failure or negligence on the part of any "non-resident" employer of extra-hazardous occupations to give said security, to make the reports, and/ or to furnish the information required by this section, shall be a misdemeanor, and upon conviction, such employer shall be punisher! by a fine of not less than five hundred dollars ($500.00) or more than five thousand dollars ($5,000.00), recoverable with costs in any court of competent jurisdiction. Provided, however, that "non-resident" employers of extra-hazardous occupations shall not be required to give bond or other security for any payment or payments required of them for the "service and policing charge" required by this section. And the requirements of this section that "non-resident" employers of extra-hazardous occupations shall give �19 ORIG\'1EN'S COMPENSATION ACT WORKME N'S COMPENSATlO T ACT bond or other security, shall not apply to "service and policing charges" herein provided. of persons in his empl oy, o r shall refu e to make the monthly pre mium pay ments a s provided by the terms of this chapter whe_n they be.come due, and against whom an award is made to any injured workman in his employ, shall be personally liable to the state of Wyoming, for the use and benefit of the industrial accident fund, to be recovered by ·suit brought by the state on the relation of the state treasurer, in a sum equal to such award or awards as are enter ed for payment from the workmen's compensation fu nd of the state of Wyoming. The entry of final order by the judge of a district court having jurisdiction of such cause approving and allowing an award of compensation shall be prima facie proof of t he liability of an employer so failing to ,compl y with this provision of this chapter; provided, t hat non- resident employers, upon engaging in any extra-hazardous occupation as defined in this chapter, and haYing in thei r employ workmen performing such e}..1;ra-ha zru:dous work, shall be deemed from the date of the commencement of such work, to have designated t he secretary of state of the state of W yoming their agent for service of any proces - upon them in an y action prosecuted hereinunder; and f urt her, provided, that the secretary of state, upon the receipt of any process shall send the same by register ed mail to the address of the addressee only, and shall r equest that a return receipt for same be furnished. 'l'he provisions of this section shall not modify any other provisions of this chapter, but •shall be deemed to be in addition thereto. The term "non-resident" employers of extrahazardous occupations, in this connection, sha ll be construed a;, an employer of labor engaged in extrahazardous occupation s, who for the previous twelve months has no t been a continuous contributor to the compensation fund as in this chapter provided, and who has not been a bona fide domiciled in, ur a resident of the state of \>\7yoming continuously for the preceding twelve month s next prior to engaging in the business of an "emplo~•er of labor in extra-hazardous oecupation." When an y such employer, shall contribute to said fund as require,! by this chapter, for twelYe censecutive months immediately prior to the .commencement within this state of the occupation, the requirement to pay double the service and police charge shall cease. ·For the purpose of encouraging care on the part of the employers and thus decreasing accidents to employ_es, and to the end that each employer shall compensate all injuries to the workmen of such employer and not those of other employers, the state treasurer shall keep a separate account for each employer so conti·ibuting to said fund and shall charge against the account of each employer all warrants paid from the industrial accident fund: (a) As awards for injuries to employes of such employer; (b) In payment of medical and surgical supplies and medical or hospital attendance of an employe of such employer; (c) In payment for investigations of accid·e nts of such employer, or in payment of investigations of injuries to his employes; (d) In payment of witness fees in cases wherein an order of award is granted to the employe of such employer. [L, '27, c. 111 § 2; L. '25, c. 124, § 3; L. '23, c. 60, § 7; C. S. '20, § 4331; S. L. 33, c. 129, § 3. Cited In re Winborne, 31 Wyo. 3•19,' 2,1.1 P. 135, annotated under ~ 12•1-114. 124-118. Filing of payrolls with state treasurer. It shall be the duty of each employer to forward to the state treasurer, ·on a blank form provided hy said state treasurer, a true copy of his payroll of persons in his employ engaged in extra-hazardous employment luring the current calendar month, sworn to either by himself or the person having knowledge of said payrolls. Each employer, unless othenvise supplied with the last above blank forms, shall seasonably apply to said state treasurer for the same; and any employer who shall fail, neglect or refuse to furnish such true copy of his payroll It shall further be the duty of each employer heretofore mentioned to notify the state treasurer fa the event that he has ceased to employ workmen in occupations of an extra-hazardous nature as ·d efined by this chapter. Any failul'e of any sueh employer to file ,vith said state treasurer a copy of his payroll as herein provided, shall be a misdemeanor, and any wilfully false statement in any affida-vit made as herein provided shall likev.ise constitute a misdemeanor, and any misdemeanor committed in violation of this section shall be punishable by a fine of not more than five hundred dollars ($500.00). [L. '29, c. 119, § 1, amending L. '27, C. 111, § 3; L. '23, c. 60, § 8; C. s. '20, § 4.332 124-11!). Inspectors-Failure to pay assessment -Pe:-ialty. The state treasurer is authorized and empowered, for the purpose of enfor.cing the provisions of this chapter, to appoint two inspectors, the salaries and actual and necessary traveling expenses of such inspectors to be paid out of the industrial accident fund. In case any employer engaged in any extra-hazardous business or industry, as defined by this chapter, shall fail or refuse to pay the assessment upon his current monthly �21 WORKl\1EN'S MOMPENSATION ACT WORKME N'S COMPE1 SATION ACT payroll, as is required by this chapter, he shall be guilty of a raisdemeanor and shall be punished by a fine of not more than five hundred dollars ($500.00), and in addition to the said fine it shall be the duty of the attorney general of this state to immediately bring suit in the name of the state for the benefit · of the industrial 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 judgment shall be for double the amount of the payroll as3essment provided in § 124-117, together with costs. [L. '27, c. 111, § 4, amending L. '23, c. 60, § 9, C. S. '20, § 4333. The loss of a t hird or di st a l phalange of the thumb shall be considered t o be equa l to the loss of one-half of such thumb; the l oss of t he mor e than one-half of such thu mb sha ll be considered to be equal to the loss of t he whole t humb. 124-120. Compensation schedule. Each employe, who shall be fojured in any of the extra-hazardous employments as herein defined, or the dependent family of any such injured work.men, who may die as the result of such injuries, except in case of injuries due solely to the culpable negligence of such injured employe, shall receive out of the industrial accident fund, compensation in accordance with the following 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 chapter, to the industrial a.c cident fund in favor of any person or persons by reason of any such injuries or death. (a) "Permanent partial disability" means the loss of either one foot, one leg, one hand, one arm, one eye, or the sight of one eye, one or more fingers, one or more toes, and dislocation where the ligaments are severed, or any other injury known to surgery to be permanent partial disability. For any permanent partial disability hereinafter specifically described, resulting from an injury, the workman shall receive a lump sum as follows: For the loss of a thumb__ - - - - $ 337.50 For the loss of a first finger _______ _ 300.00 For the loss of a second finger _______ _ 225.00 For the loss of a third finger_ ______ _ 225.00 For the loss of a fourth finger ______ _ 225.00 For the loss of a palm (metacarpal bone) ---------------------------- 90~00 For the loss of a hand ___,_ _ _ _ _ 1,500.00 For the loss of an arm at or below elbow ---------------------------- 1,800.00 For the loss of an arm above elbow___ 2,000.00 For anky-losis (total stiffness of) or contractures (due to scars or injuries) which make the fingers more than useless, the same amounts apply to such finger or fingers (not thumb) as given above. The loss of a third or di stal phalange of any finger shall be con idered 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 case shall t he amo unt received for more than one fing er exceed the amount in this sch dule for the loss of a hand. For the loss of a great toe __________ __ $200.00 For the loss of one of t he toes other than great toe_________________ 150.00 The loss of more than two-thirds of any toe shall be considered equal to t he los of the whole toe. The loss of less than two-t hird of an y toe hall be considered equal to the loss of one-ha lf of the toe, For the loss of a fo oL--------------$1,200.00 For the loss of a leg below the h."nee __ 1,500.00 For the loss of a leg above the knee __ 1,800.00 For the loss of an eye or the sight thereof ____ ____________________ ___ 1,800.00 For any other injury lmown to surgery to be p~rmanent partial disability, the workman shall receive a sum in the amount proportional to the extent of such permanent partial disa-oility based' as near as may be upon the foregoing schedule in every case of permanent partial disability the amount allowed for the injury shall be paid in monthly installmen~s at the rate of fifty dollars ($50.00) per month 1f the workman be unmarried at the time of the injury, and at the rate of sixty doll~s ($60.00) P:r month if the workman has a wife with whom he 1s living and in good faith contributing to her support at the time of the injury; provided, however, that the court making such award shall retain jurisdiction of the same until said award shall have been fully paid, with power to modify or change t~e amount of the award to conform to any change m the condition of the injured workman, and shall have power at any time during said period, upon application and hearing, ,vith notice to the employer, and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the injured workman as a lump sum. (b) "Permanent total disability" means the loss of both legs or both arms, total loss of eyesight, paralysis or other conditions permanently incapacitating the workman from performing any work at any gainful occupation. Where there has been a �22 WORKMEN'S COMPENSATION ACT WORKMEN'S COMPENSATION ACT previous disability or injury, a s the 1-oss of one eye, or the sight thereof, one hand, one foot, or any other previous permanent disability or injury, the percentage of disability for a subsequent injury shall be determined by deducting therefrom the perce~tage of the ~reYiou s disability or injury, as 1t existed at the t11ne of the subsequent injury. yi'~en permanent total disability results from the lilJury the workman shall receive the sum of fo ur thousand dollars ($4,000.00), but in every such case the amou?t allowed for the injury shall be paid in monthly mstallments at the rate of fifty dollars ($50.00) per month if the workman be unmarried a t the time ·of the injury, and at the rate of sixty dollars ($60.00) per month if the workman has a wife with whom he is living and in good faith contributing to her support at the time of the injury; provided, howeYer, 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 t o conform to any change in the condition of the injured workman, and shall have power at any time during said period, upon application and hearing, with notice to the employer, and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the Injured wo1·kman as a lump sum; provided, that if the workman shall die leaving an unpaid balance of the award, then such unpaid balance shall be 1·eturned to the industrial accident fund and be credited to the employer's balance. If the workman .suffering such permanent total disability have a boy or boys under sixteen (16) years of age, or girl or girls under eighteen (18) years of age, the guardian of such child or children, appointed as hereinafter provided, shall receive for the use ant:l benefit of said child or children, a lump sum o! one hundred and twenty dollars ($120.00) per year for each boy under sixteen (16) years until the time when each of said boys shall become sb..-teen (16) years of age, and a lump sum of one hundred ,md twenty dollars ($120.00) per year for each girl under eighteen (18) years of age until the time when each of said girls shall become eighteen (18) years of age; provided, that the aggregate lump sum paid to said guardian shall in no case exceed four thousand dollars (!;i°4,000.00), and any and all awards made on account of any such child or children, shall be disbursed under a proper guardianship to be created by the court or judge making such award. medical or surgical treatment and be able t o resume work; provided, however , that when such injury does result in either permanent total or partial disability, then and in that ca e, "temporary total disabili ty" hall be limited to the time when the "healin g process" has taken place. In such case, if t he workman be unma rried at the time of the injury, he sha ll r eceive 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 upport at the time of the injury, he shall receive sh.'i;y dollars ($60.00) per month, and if he have a boy or boys under sixteen (16) years of age, or a gi.J:l or girls under eighteen (18) years of age, and in good faith supporting, or both, he shall receive for each s o supported, seven and one-half dollars ($7.50) per month, but the total monthly payment shall no t exceed ninety dollar s ($90.00) per month. No compensation, except the expense of medical attention, s hall be allowed fo r the first seven (7 ) days of disability, unless the incapacity extends beyond the period of twenty-one (21 ) days, in which case the compensation sha ll run from the time of the injury. As soon as recovery is so complete that t he earn.ing power of the workman at any kind of work is restor ed, the payments shall .cease, but in no case shall the t otal payments made in such cases exceed in the a ggregat e the lump sum amount herein specified to be paid an injured workman for injuries causin g permanent total disability. When the workman has non-resident alien children whom he is in good faith supporting, he shall receive only one-third of the sum a bove fbrnd for boys under sixteen (16) years of age and girls under eighteen (18) years of age. (c) "Temporary total disability" means an injury which, though it may result or does result in a permanent total or partial disability, temporarily incapacitates the injured person from performing any work at any gainful occupation for the time, but from which injury such person may recover by 23 (d) In all cases of temporary total disability, permanent partial disability and permanent total disability, the expense of medical attention and of care in hospital of the injured workman shall be paid from date of said injury, the expense of medical treatment not to exceed one hundred and fifty dollars ($150.00) in any case and the expense of care in hospital not to exceed one hundred and fifty dollars ($150.00) in any case, unless under general arrangement the workman is entitled to medical attention and care in hospital, or the employer furnishes adequate and· proper medical attention and hospital facilities to his employes; prnvided, however, that no bill or fee for medical attention or care in hospital shall be allowed or paid without notice to the employer and a hearing if requested by said employer. The state treasurer shall have the power to establish a schedule fixing the fees for which all medical, surgical, hospital or other legalized forms of treatment rendered to employes under this section shall be compensated. �WORKMEN'S COMPENSATION ACT WORKMEN' S COMPENSATION ACT Each physician or surgeon attending a workma n injured while engaged in extra-hazardous occupation shall file with the clerk of the court of the county within which such injury occurred and with the state treasurer, under rules to be prescribed by the state treasurer, a full and complete report full y describing the nature of the injuries to such workman; provided, that such report shall not be required unless the disability resulting from such injury lasts through the day or the injury requires medical services other than the ordinary fir st aid treatmem. Any physician or surgeon failing to file any report. •as herein provided shall be punished by a fine of not more than fifty dollars ($50.00). Where death results from an injury the expense of burial shall be paid not to exceed one hundred and fifty dollars ($150.00) in any case, unless other arrangements exist between employer and employe under agreement. die before all of the a ward has been paid, the remaining ba lance sha ll be paid to t he surviving- dependent children in t he fo llowing manner ; in a scertaining t he a mou nt to be paid to each surviving child in the ca se of male children, the age of such ma le child shall be fig ured from t he t ime of the death or r e-marriage of such surviving spouse until such male child attains the age of sixteen (16) years and in t he case of fema le children, the time shall be figured from the ti me of the death or r e-ma r riage of such sur viving spouse until such fem ale child attains t he age of eighteen (18 ) years, and t he unpaid balance of such awar d shall be divided in each instance by the number of months between such periods of time. In case of the death of any such surviving children , t he por tion of such aware!- made payable to such child by the terms hereof sha ll be di vided among the survi ving children pr·o rata; p rovided, furthe r, tha t if all of the surviving child ren should die befo re t he unpaid balance of the awar<l. is enti rely di stribu ted, then the r emaining undistri buted portion of such award shall rever t to the g eneral fu nd and be credited to the emp loyer's balance; provided, further, that if it be shown t hat t he sur vivi ng spouse ,vilfull y deserted decea sed without fault upon the part of the deceased, such surviving spouse shall not be rega rded as a dependent in any deg ree, but in such case the ri ght of boys under sixteen (16) yea rs of age and g irls under eighteen (18) years of ag e to compensation shall not be defeated. If said workman leaves a surviving boy or boys under six-teen (16) yea rs of age or girl or girls under eighteen (18) years of age, the guardian of such child or children appointed as hereinafter provided, shall receive for the use and benefit of said child or ,children, a lump sum of one hundred and twenty dollars ($120.00) per year for each surviving boy under sixteen (16) years of age until the time when each of said surviving boys shall become sixteen (16) years of age, and a lump sum of one hundred a:nd twenty dollars ($120.00) per year for each s~rviving girl under eighteen (18) years of age until the time when each of sai-d surviving girls shall become eighteen (18) years of age; provided, that the aggregate lump sum paid to said guardian shall in no case exceed three thousand·, six hundred dollars ($3,600.00). In all cases where an order of co~pensation is made on account of boys under sixteen (16) years of age; or gil"ls under eighteen (18) years of age, or both, or to persons incompetent, said fund shall be disbursed under a proper guardianship to be created by the court or judge maldng such an order. 24 (1) But if the workman leaves a widow or invalid widower, to whom he or she has been regularly married by a marriage duly solemnized by a legal ceremony, provided, it shall not be made to appear that the surviving spouse was at the time of the workman's death separated from such spouse by her own fault, such surviving spouse shall recei ve the sum of two thousand dollars ($2,000.00), but in every such case the said award be paid in monthly installments at the rnte of forty-five dollars ($45.00) per month, upon proof made to the state treasurer that such surviving widow is still living and has not re-married. In case the award is in favor of an invalid widower, then and in that .case, proof must be made to the state treasurer, before any monthly installment is paid, that the said widower is still an invalid. Provided, however, that the court making such award may upon application and hearing, with notice to the employer and a showing of the necessity therefor, order all or any part of the unpaid balance of the award to be paid to th~ surviving spouse as a lum'.) sum. If th~ surviving spouse shall re-marry before all of said award has been paid, then he or she shall only be entitled to receive the sum of two hundred and sevenl)' dollar.:: ($270.00) out of the unpaid balance of said awarr;~ and further payment shall cea:,;c, .-md any bala?ce or the award shall revert to the dependent cluldren, if any there be; and if there be no dependent children the unpaid balance of such award shall retm11 to the general fund and the same -s hall be .credited to the employer's balance; if the surviving spou_se shall die before all of said award has been paid, then the unpaid balance shall revert to the dependent children, if any; if no dependent children, then such balance shall revert to the general fund and be credited to tbe employer's balance; provided, in any case, where the surviving spouse shall re-marry or 'I 25 (2) If the injured workman die during the p~rfod of temporary total disability _and af~er rece1vm_g compensation therefor, as herem provided, and his �26 WORKMEN'S COMPENSATION ACT WORKME 'S COMPENSATION ACT death be shown to have resulted from such injuries, the widow and the guardian of the workman's boys under sixteen (16) years of age and girls under eighteen (18) year s of age shall be entitled to an award because of the death of the workman as herein provided, but the total amount of payments in excess of two thousand, four hundred dollars ($2,400.00) receiYed by the injured workman during such disability and prior to his death shall be proportionately deducted from the amounts herein provided to be paid to the surviving widow and the guardian of the workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age. case. Standard Oil Co. of I ndiana v. S ull ivan, 33 W yo 223, 23i P. 253. Evidence showing cmploye's loss ,o ( fin g<'rs on both ha nds. held, t o justify a wa nl fo r 1ier m11nent totu l disabil ity. Sakamoto v. 10::cmmc rcr Coa l o. , 36 , v yo. 32 ;:; , 25.:; P . 356. Sum paid fo r te mpo rn 1·y tota l d isnbil ity should be ded ucted f rom total pe rmanent dhmbili ty award . Id. Employc held. entitled to )'>n ymcnt o ( compensation in mnnner provided by s tatute in cffoct.. at time of injury . In ro Hible r, 37 W yo. a :12, ~Gl I' . G-1S. Generally &i>eakin g the lc1<is1"tu rc did not inte nd dou b!c compen~ation to injured cmploycs , un<lc r p rovi sions o f this sec• tion, Marsh v. A ljoc, •11 \ Vyo. 2:!0, :.!~M P. ~GO; annotated also under § 12•1-137. Sub. A. Standar d Oil Co., (Ind .) v. Ervin , ,14 \V yo. S. 124-121, Additional compensa tion for dis fig urement. In all cases of temporary total disability or permanent partial disabilit y where the worh-man shall suffer perm anent disfigurement to the f a ce or head of a nature so great as to affect t he workman's earning capacity in securing employment, t he workman shall receive, in p roportion to t he extent of such disfigurement, a lu nip sum in a ddition, not to exceed five hundred dolla rs ($500.00) . The court shall take into consideration in making t he a wa rd any former disfigurement to the face or head of such workman. [L. '29, c. 64, § 2. (3) If any wor1m1an die within one year from the date of receh-ing a n award for permanent partial disability and his death be shown to have resulted from the injuries for which the award was granted, the widow and the guardian of the workman's boys under sixteen (16) years of age, and girls under eighteen ( 18) years of age shall be entitled to an award because of the death of the workman as herein provided, but the amount of the payments received by the injured workman prior to his death shall be proportionately deducted from the amounts herein provided to be paid t o the surviving widow and the guardian of the workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age. 12,1-122. Compensat ion for hernia. A workman in order to be entitled to compensation for hernia must clearly prove : 1. That the hernia is of recent origin; 2. That its appearance was accompanied by pain, and discoloration and evidence of tearing of tissues were present; 1.11 , ; 3. That it was immediately preceded by some accidental strain suffe red in the course of the employment; (4) If any workman die within two years from the date of receiving an award for permanent total disability and his death be shown to have resulted from his injuries, the widow of said workman shall be entitled to an award because of the death of the workman as herein provided, but the amount of the payments receh-ed by the injured workmat1. in excess of two thousand dollars ($2,000.00) prior to his death shall be deducted from the amount of her award. (5) If the workman leaves no widow or widower, or boy under the age of sixteen (16) years, or girl under the age of eighteen (18) years, but leaves a parent or Jiarents surYh-ing, such surviving parent or parents, if lh-ing in the United States, shall receive a lump sum of fifteen hundred dollars ($1,500.00); provided, a parent or parents, who are dependents and who are non-resident aliens shall receh·e a lump sum of one-third of fifteen h~ndred dollars ($1,500.00). [L. '31, c. 94, § 4, amendin,.,. L. '29, C. 48, § 1; L. '29, c. 64, § 1; L. '27, c. 111, § 5; L. '25, C. 1i-1, § 4; L. '23, c. 60, §§ 10, 11; L. '21, c. 138, §§ 5, 6, 7; C. S. '20, § 4334; S. L. '33, c. 129, § 4. Under sub-division b hereof, policy to allow mon, for children o( :' d1enl,led than_ for those of a deceased workman held, ~ ~1uP.t1~~/'" the legislature. In 1·e Brennan, 29 \Vyo. 116, 1 Award for "permanent total disability" mnde only in clenr 27 4. That it did not exist prior to the date of the alleged injury. If a workman, after establishing his right to compensation for hernia as above provided, elects not to be operated upon, and the hernia be.comes strangulated in the future, the results from such strangulation will not be compensated. [L. '2!), c. 110, § 1. . " i, i ✓ I 124-123. Forfeiture by injured employe-Payments withheld. If any injured employe shall persist in unsanitary or injurious practice which tends to imperil or 1"eta1·d his recovery, or if he shall refuse to submit to such medical or surgical treatment, as is reasonably essential to promote his recovery, he shall forfeit all right to compensation under this chapter; and where an injured employe is under ,eare and treatment of a physician, he shall not be permitted to personally receive or use any �29 ,YORKMEN'S COMPENSATION ACT WORKMEN'S COMPENSATION ACT compensation payments allowed him under this chapter, except upon the order of such physician, but such payments shall be withheld and delivered to such injured v.-orkman upon his recovery or dischal'ge by such physician. [L. '15, c. 124, § 20; C. S. '20, § 4335. to collect from the contractor the full a mount pa yable to the industrial accident fun d and the contractor, in turn, shalJ be entitled to collect fro m the sub-contractor his propor tionate amount of payment; the provisions of thi s section shali app ly t o ail extra-hazard ous work done by cont ract, except that in private work the contractor shall be responsible, primarily and directly, to the industria l accident fund fo r t he proper percentage of the total payroll of the work and for the amounts due it, and the owner of the property affected by the contract shall be surety for such pa:,-,nents. Whenever, and so long as under the state law, city charter or municipal ordina nce, provision is made for municipal employes injured in the course of employment, such empioye shall not be entitled to the benefits of this chapter and shall not be included in the payroll of the municipality under this chapter. [L. '15, c. 124, § 23; C. S. '20, § 4338 . 28 J.fodi!ication of instl'1.lction ns to effect of injurious prac.. tices rei.al'<ling recove ry of injured employc, held, not improper. In re Hiblc1·, 37 W yo. 332 , 261 P. 648. Employer had burde n of proof that employe persis ted in injurious lH"acticcs retarding recovery. Id. To "persis t.. in injurious J)l'acticcs retarding injured em... ploye"s recovery means to continue against op.i;os1tion o r rem.. onstrance. Id. 124-124. Exemption from execution or attachment. No money paid or payable under this chapter out of the industrial accident fund shall, prior to issuance and delivery of the warrant therefor, be capable of being assigned, charged nor ever be taken in execution or by garnishment, or shall the same pass to any other person, by operation of law, except as permitted by subdivision (1) of paragraph (cl) of section 124-120, Revised Statutes of Wyoming, 1931. Any such assignment, attachment, garnishment or charge shall be void. [L. '31, c. 73, § 61, amending L. '15, c. 124, § 21; C, S. '20, § 4336· s. L. '33, ,C. § 6. ' Cited in La Chappelle \", Union Pacific Coal Co., 29 Wyo. 449. 214 P. 587. 124-125. l\Iinor workman. A minor working at an age legally permitted under the laws of this state shall be deemed sui juris for the purpose of this chapter and no other person shall have any cause of action or right to compensation for injury to such minor workman, except as eJ..'J)ressiy provided in this chapter; but in the event •o f a lump sum payment becoming due under this chapter to such minor workman, the management of same shall be within the probate jurisdiction of the courts the same as any other properties of minors. (L'. '15, c. 124, § 22; C.. S. '20, § 4337. 124-126. Extra-hazardous public work-Contract ·whenever the state, county or any municipal corporation shall engage in any extra-hazardous w~rk in which workmen are employed for wages, tins chapter shall be applicable thereto. The employer's payments into the industrial accident fund shall be_ 1;11ad~ from the treasury of the state, county or mumc1pahty. If said work is being done by contract the payroll of the contractor and the sub~ontractor shall be the basis -of computation and m the_ case of contract work consuming less than one yea_r m performance the required payment into the ac~1dent fund shall be subject to the provisions of this .chapter an~ ~he state for its general fund, the county or mumc1pal corporation shall be entitled work. Cited in~ Lesli e v. City of Casper, 42 Wyo. 44 , 28 nnnotated unde r § 124-1 02 . P . 15, 124-127. Safety devices. Nothi ng in t his .chap_ter contained shall repeal any existing Jaw providing for the installation or maintenance of a ny device, means or method for the prevention of accidents in extra -ha zardous work or for a penalty ·or punishment for failure to install or maintain any such protective device, means or method. [L. '15, C. 124, § 24; C. s. '20, § 4339. 124-128. Unlawful to receive more than 5% of compensation for services rendered. It shall be unlawful for any person or any number of. persons acting together or separately or in any way, including attorneys, agents, interpreters, and all other persons, to receive or agree to receive either directly or indirectly from any beneficiary or beneficiaries under this chapter, for services rendered or to be rendered, either jointly or separately, in relation to procuring any benefit or benefits under this ..:hapter, any sum or sums aggregating more than five per centum of the whole amount received or to be received by such beneficiary or beneficiaries, on account of injuries to any employe, and in no event to exceed fifty dollars ($50.00). Every person violating or concerned in the violation of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars ($60.00) nor more than five hundred dollars ($500.00), to which may be added imprisonment in the county jail for a term not exceeding ninety days. It shall be the duty of the county and prosecuting attorney of the .county in which any injury occurs to give all necessary legal advice to any injured workman, or his dependents, who may seek advice in making and filing �30 WORKMEN'S COMPENSATION ACT WORKMEN'S COMPENSATION ACT claims for compensation, and to prepare all statements of claim or other papers necessary or advisable to be filed by such workman or dependents, free of all charges and .costs. [L. '21, c. 138, § 8, amendin_g C. S. '20, § 4340. Cited in Znncanelli v. Cent ral Coal & Coke Co., 25 Wyo. 611, 173 P. US!. annotat~d under § 12•1-113. Cited ns to attorney"s fees in In re Hibler, 37 Wyo. 332, 261 P. G•lS. 124-129. Physici:ms required to testify. Any physician having attended an_ employe in_ a professional capacity may be reqwred to testify before any court or judge when so directed, in cases coming within the provisions of _this chapter, and_ !he law of privileged communicat1on between phys1c1~n and patient as fixed by statute shall not apply m such .cases. ' [L. '15, c. 12 11, § 26; C. S. '20, § 4341. Standard Oil G,. (Ind.) " · En•in, 4-1 Wyo. 88, O,tcopnth s . 124-130. False statement by employe. Any employe or workman who shall make or cause to be made on his behalf any misrepresentation or fals e statement for the purpose of receiving compensation under this chapter to which he is not lawfully entitled shall be guilty of a misdemeanor, and shall on conviction, be fined not more than three hundred dollars ($300.00), or imprisoned for not more than ninety (90) days. [L. '15, c. 124, § 27; C. S. '20, § 4342. 124-131. Annual report by state treasurer. It shall be the duty of the state treasurer to secure and compile statistical information concerning accidents occurring in the extra-hazardous employments defined by this chapter, showing the number of accidents or fatalities occurring in each of said employments, the amount paid in by each employer .coming within the provisions of this chapter; the amount paid out on account of injuries, or death resulting from injuries in such employments; and any other information relating to the operation or administration of this chapter that may be of interest; and to make a full report thereof, together with such recommendations as he may deem proper for changes or amendments herein, and to publish a full report thereof to the governor, on or before the 31st day of Dc~ember in each year. [L. '15, c. 124, § 28; L. '17, c. 6!>, § 7; C. S. '20, § 4343. 12•1-132. Examination by state treasurer. The state treasurer may, at any time on twenty-four hours' notice (unless such notice is waived by the employer), either in person or through any authorized inspector, agent or deputy, examine the books, accounts or payrolls of any employer at any time for the purpose of securing any information desired in the administration of this chapter. [L. '27, c. 111, § 6, amending C. S. '20, § 4344. il 'J 31 124-133. Disabled w,o rkman exr.1mined by employer's physician-Recovery reported to cou r t. Any workman awarded compensation for i~rnporary total disability under this chapter, as defmed by clau. e (c) of § 124-120 shall , iI thereafter _requested_ by his employer sub mit himself for med1~al exa~11_1ation by a physician licensed to practice med1cme in this state, at a place designated by the employe l' and which shall be rea onably convenient fo r the workman, and said workman may haYe a licensed physician present of hi s own selection. The purpose of such examination shall be to determine whether the workman has recovered so that his earningpower at any kind of work i restored. If it be agreed that the workman has r ecovered so that his earning power at any k ind of work is r estored, the fact shall be reported by the employer and sa id physician to the judge of the district court who made the award in the first instance, or if ther e be a dispute a s 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 t he district court of the cou nty where the award was made, and the matter sha ll be di sposed of in such manner a s said judge m ay deem proper under the fact s. If said judge fin d that said workman has recoYered and has been restored to his earning power and that compen ati on should be discon tinued, his decision and judgment in the premises shall be certified to the state audi tor and state trea urer and shall be authority and direction to said officer s to discontinue compensation payments. If the workman, in such case, refuse to su·omit to such examination or obstructs the same, his right to monthly payments shall be suspended until such examination has taken place, and no compensation shall be payable during or for account of such period of refusal. [L. '15, c. 124, § 30; C. S. '20, § 4345 . Stantlnrd Oil Co .• (Ind.) v. E,·vin. 44 Wyo. 88 Os teopaths. 124-134. Employes' statements of dependent persons. All employes or workmen coming within the provisions of this chapter shall be rE:quired, upon entering service in any of the e::\.-tra-hazardous employments herein defined, to make and sign a written statement setting forth the names of the persons dependent upon them for support or constituting members of their dependent families, in each case giving the names and ages of their boys under the age of sixteen (16) ye~rs and girls under the age of eighteen (18) years. [L. '23, c. 60, § 12, amending C.- S. '20, § 4346. 124-135. Assignment of rights and benefits. All payments made into the industrial accident fund by any and every employer under the provisions of this chapter shall be taken as paid and received in �32 WORKMEN'S COMPENSATION ACT consideratio_n of t h e indemnity to such emplo e . b rfeason of h_is contributing to the industrial a{c1.rd yt und , and 1n cons1·d eration . • en of the payments made by the s tate to such fund. provided t l1 at l 1 . ' , w 1en an y emp 0 :\'. er e1~gaged m an extra-hazardous occupation as defrned m t his ch apter, h as h eretofore sold and ~onveyed, or sh all her eaft er sell and convey his or its property to a pui-ch aser who continues to conduct and carry on said business at the ame place the seller sh a ll be en~itled to tran sfer and assig~ ~o the _p~rchaser. all nghts, benefits, privileges and 1mmumties accrwng to su.ch employer by virtue of ~my su~n then_ ·on deposit to his or its credit in the mdustna_l _accident ~und in t he state treasury under the _prov1s1ons_ of tlus chapter; and upon filing such assignment with the state treasur er , the purchaser shal~ succe~d to all said rights, benefits, privileges and 1mmumtes of said empl oyer. Said purcha ser sha ll be subject to obligation s of compensation against the seller incurred and existing at the date of su.ch assignment; provided, that no pa rt of any moneys so paid in by any employer shall ever be r efunded to him, either during the time when he continues in business as such employer, or after he ceases such business; provided, that every employer, operating under the provisions of this chapter sh all pay into said industrial accident fund the sum of at least five thousand dollars ($5,000.00); and provided, further, if this chapter shall be hereafter repealed or held invalid, the moneys which are in the indu strial fund at the time shall be di stributed as .m a y be provided by the legislature, and in default of such legislative provision, distribution thereof shall be in accordance with the justice of the matter, due i-egard being had to obligations of compensation incurred and existing. [L. '21, c. 76, § 1, amending C. S. '20, § 4347. *124-136. Closing of accounts. Any balance standing to the credit ·o f any employer in the industrial accident fund for three years after said employer shall have ceased to engage in Wyoming in the occupation on account of which his said co~tributions have been made shall be debited from his account to the profit and loss account of said fund, and said employer's account shall be thereupon finally closed, and thereafter the sai~ balan~e sha!~ permanently remain a pa1t of the mdustnal acci : dent fund. .J , 124-137. Actions against employer independent of chapter. Nothing in this chapter sha~l be construed to limit ·or affect any right. 01; a~tion b~ a~ employe against an employer for mJunes receive while in the employ of such employer when such ( •This section ommittcd from Revised Statutes rnai} WORKMEN'S COMPENSATION ACT 33 employer at the time ?f suc~1 injuries is n~t ~ontributing to the industrial accident fund as provided in this chapter. [L. '23, ,c. 60, § 13. 124-138. Re-opening of cases. The state treasurer shall have the right to cause any case to be re-opened in which an order of aw~r~ has been made provided he shall cause a pet1t10n fo r the re-op~ning of the case to be filed with the court which granted the award, within thirty days a!ter the date on which the order of award was received in the state treasurer's office. Such petition mu st show probable cause that error was made in t he amount of the award, or the .char acter of the awa rd, or the grounds on which the award was made, ;ind may specify as a reason fo r r e-opening the ~ase existing evidence not given in the original heann~, showing the general nature and effect of such evidence. On the filing of such a petition and on the court finding that probable cause is shown ther eby, the court shall stay the award, and upon reasonable notice to all parties reopen the case and set the same for hearing de novo. The state treasurer may take such part in the n ew hea ring as he may deem advisable and shall have every ri ght and privilege of a party t-o the cau e. He shall h ave the right of appeal to the supreme court from any order in such new hearing, either granting an award or refusing to grant an award. He shall also have a right of appeal from an order refusing to re-open a case. In addition, and without the necessity ·of presenting any petition for the re-opening of a case to the trial court, the state treasurer shall have the right to appeal to the supreme court from any order or judgment in any district court of the state awarding compensation or declining to award compensation, although he was not a party to the proceedings in such district court. Upon the perfecting of any appeal instituted by the ~tate treasurer the court allowing the appeal shall issue an order staying the execution of the order or judgment appealed from without requiring any b~nd. The attorney general, or his deputy or assistant, shall act as the attorney of the state treasurer in all cases. All costs of new hearings granted upon the petition of the state treasurer, and all costs of appeals conducted by the state treasurer shall be paid by the industrial accident fund, except such costs as the court in its discretion shall assess ~gainst any of the other parties to the cause. [L. 27, c. 111, § 7, amending L. '25, c. 124, § 5. "'\yhere ~be dut_Y of the nttorney genernl to represent compcnsatiofl~ claimant 1n supreme court, as part of his official duties ~on icts with his duties to net ns attorney fo, state treasure; inta nil cases, the duty first mentioned must yeild to right of 6 treasurer to such services. Marsh v AIJ·oc 41 Wyo 11 9,te 282 P. 1055. • ' • In a.cti«?n under workmen's compensation law, in which compensation was awarded, application of state treasurer to �34 WORKMEN'S COMPENSATION ACT l'eopcn cnse on g roun<l, amon g others, of l)rior disability, should not be determined on ex pone affida vits, w hen base<l on new evidence, since legislatu l'e contemplated th at treasure r should be gh·cn :luY:mtagc of regul a r trial. Mur sh v. A ljoe , 41 Wyo. 22U, 23 -1 P . 260 . This section authorizing state treasure r to have case reopened must be construed in li[rht a! situation wh ic h W n!::1 eought to be remedied hereby. Id. On slnte treasurer's np111ication, bnsc<l on new evidence, to reopen case, court must reopen cuse, if the ne w evide nce w ill have n material bea ri ng-. Id. 124-139. Bills to be itemized-Time of filing. All bills for me<lical attendance, expenses or disbursements, and for hospital services, shall be properly dated, itemized .and verified by the claimant, or the same shall be disallowed by the court, and every doctor who. shall attend an injured workman shall within ten (10) tlays after the first of the month succeeding that in which he rendered services to the injured workman file with the clerk of the district court of the proper county, his itemized and verified bill for all services rend·e red by him and expense incurred in behalf of the injured workman during the previous month, and shall send a copy thereo.f to the state treasurer; and all claims for medical attendance or medical services not so filed within the time specified shall oe disallowed by the court. [L. '25, c. 124, § 7. 124-140. Notification by doctor. Every doctor who .accepts the case of an injured workman, and every hospital which accepts the case of an injured workman, shall within ten (10) days after accepting such case file a written notice thereof with the clerk of the district court, and shall send a copy of such notice within said ten (10) days to the state treasurer and another copy within said period to the employer of the injured workman. Any doctor or hospital failing or refusing to file the notice within the time designated ,,.,ith the clerk of the court, or to send copies thereof within said period to the state treasurer and the employer of the injured workman, shall forfeit any remuneration or award from the industrial accident fund for any services, care or attention 1·endered to such injured workman or any facilities furnished to him. [L. '25, c. 124, § 8. 124-14J. Awards. Every award within the meaning of this chapter is a judicial determination of the rights of the employer, the employe and the industrial accident fund as to all matters involved. Except :is othernise specifically provided in this chapter, the code of civil procedure shall govern in matters before the courts of this state in reference to the workmen's compensation laws. No award of compensation or allow.ance of any expense or claim chargeable against the account of any employer contributing to the ind'u strial accident WORKMEN'S COMPENSATION ACT 35 all be made without noti ce to such employf un d sh · ·t er and hearing, unless such employer shall m wn • f IC "l d 1·n the court having j urisdiction consent mg Where the employer cannot be person. th ere to . ally served, substituted service, as pr ovided ~o r m the code of civil procedure, may be had. [L. 25, c. 124, § 9; S. L. '33, c. 129 §5. An a.ware\ or compcnsnt.ion to nn _in jur_cd . c.r:n n_loye is a "final judgment, unl ess tx pressly rese rvin g Ju n sd1ct 1on ~ re• open cnse. Midwest Refi ning Co . v. George, 41 , v yo. So , 281 P. 1005. 124-142. Deferred pay ment account . Whenev~r an order of awa rd shall specify that the award 1s to be paid in monthly payments, the stat~ treasurer shall charge the amount thereof aga mst the account of the employer of the injured workman and shall transfer the a mou nt of said a ward from the general fund into a deferred payment a ccoun t, which account shall thereafter be alone lia ble fo r the payment of the award . Inte rest earned by the deferred payment accoun t shall be paid into the general fund, as well as all a mounts r epaid or returned to said general fund unde r t he provisions of this chapter, or by reason of modification of orders of award. Whenever .a modification of an order of award increases the amount of the awa rd, the additional amount shall be cha rged a gainst the employer's account .and transf erred from the general fund into the deferred payment account, a nd whenever a modification of an order of award decreases the amount of the award, the amount of such decrease sh.all be transferred from the deferred payment account to the general fund and credited to the account of the employer. L. '27, c. 111, § 8. 124-143. Bribery. Whoever corruptly gives, or promises to give pay, or imburse, or whoever offers to give, pay or imburse any court officer or employe, or any person employed or concerned under the laws of this state in the administration of this chapter, either before or after his election appo_intment or employment, ;any money or val~able thing, or corruptly offers or promlses to do any act beneficial to any person to influence his action or to secure his assistance in the administration of this chapter, and whoever, being a court officer or employe or a person employed under the laws o! this state in the administration of this chapter, e1the_r before or after his election, qualification, appointment or employment, solicits or receives any such money or valuable thing to influence him or to sec_ure his assistance ,vith respect to his official duty ;1n any matter relating to the administration of this chapte~, ~hall be deemed guilty of felony and upon conV1ction thereof be imprisoned in the peni~entiary not more than . fourteen (14) years. [L. 25, c. 97, § 1. �l'AJBJLES for computing amounts due under the prov1s 1ons of the Workmen's Compens ation Act and Peace Officers' lndemity Fund. Following Ul'e tables of mon t h ly comDensation for severa. l amounts . allowed by law, computations for which are rondo for twenty-eight. thirty and thirty-one day months : Single 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 '\. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 1.79 3.57 5.36 7.14 8.93 10.71 12.50 14.29 16.07 17.86 19.64 21.43 23.21 25.00 ~6.79 2S.5i 30.36 32.14 33.93 35.71 37.50 39.29 41.07 42.S6 4'1.64 46.43 48.21 60.00 30 1.66 3.33 6.0U 6. 67 8.33 10.00 11. 67 13.33 15.00 16.67 18.33 20.00 21.67 23.33 ~5.00 26.67 28. 33 30.00 31.67 33.33 35.00 36.67 38.33 40.00 41.67 43.33 45.00 46.66 48.33 50.00 $50.00 31 1.61 3. 23 4.84 6.45 8.06 9.68 11. 29 12.90 14.52 16.13 17.74 10.35 20.9 7 22.58 2iL1 9 25.81 27.42 29.03 30.65 32.26 33.87 35.48 37 . 10 38.7 1 . 40.32 41.94 43 .55 45.1 6 46.77 48.39 60.00 M11n and Wife $60.00 28 30 31 2.14 2.00 1.94 4.29 4.00 3.87 6.43 6.00 5.81 8.57 8.00 7.74 10.71 10.00 9.68 12.86 12.00 11.62 15.00 14.00 13.55 17.14 16.00 15.48 19.29 18.00 17.42 21.43 20.00 19.35 23.57 22.00 21.29 26.71 24.00 23.22 27.86 26.00 25 :16 30.00 28. 00 27.10 32.14 30.00 29.03 34.28 32. 00 30.97 36.43 34.00 32.90 38.57 36.00 34.84 40.71 38.00 36.77 42.86 40.00 38.71 45.00 42.00 40.64 47.14 44.00 42.58 49.28 46. 00 44.51 61.43 48.00 46.45 63.57 50.00 48.38 55.71 52.00 60.32 67.86 64.00 52.26 60.00 66.00 64.19 68.00 56.13 60.00 58.05 60.00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 J.7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Widower a nd ono child $57.50 28 30 31 2.05 1.D2 1.85 4.ll 3.83 3.7 1 6.16 6.75 5.56 8.2 1 7. 67 7.4 2 10.27 9.58 9.27 12.32 1 1.50 11.1 3 14. 37 13.42 12.98 16. 43 15.33 14.84 18 .4 8 17.25 16.69 20.54 19. 17 18.55 22.5 9 21.08 20 .-10 2,1. 51 23.00 22.26 26.70 24.92 2.1.11 28. 75 26.83 25.97 30.80 28.76 27 .83 32.86 30.6 7 29.68 84.91 32 .5 8 31.53 36 .9 6 34.50 33.39 39.02 36.42 35.24 41.07 38.33 37. 10 43.12 40 .25 38.95 45.18 42.17 40 .8 1 47.23 44.08 42.66 49.28 46 .00 44.52 51.34 47.92 46.37 53. 39 49.8 3 48.22 55.44 51.75 50 .08 67.50 63.66 51.93 55.58 63.79 57.50 55.64 67.50 Widower and Two children 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.32 4.64 6.96 9.29 11.61 13.93 16.25 18.57 20.89 23.21 25.54 27.86 30.18 32.50 34.82 37.14 39.46 41. 79 44.11 46.43 48.75 61.07 53.39 65.71 58.04 60.36 62.68 65.00 30 2.17 4. 33 6,50 8.67 10.83 13.00 15.17 17.33 19.50 21.67 23.83 26.00 28. 17 30.33 32.50 34.67 36.83 39.00 41.17 43.33 45.60 47.67 49.83 62.00 64.17 66.33 68.50 60.66 62.83 65.00 $65.00 31 2.10 4.19 6.29 8.39 10.48 12.58 14.68 16.77 18.87 20.97 23.06 25.16 27. 26 29. 36 31.45 33.55 35.64 37.74 39.84 41.93 44.03 46.13 48.22 60.32 62.42 64.51 56.61 68.71 60.80 62.90 65.00 �38 WORKMEN'S COMPENSATION ACT :Man, wife and ono child 1 2 8 "56 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 80 81 28 2.41 4.82 7.23 9.64 12.06 14.4 6 16.87 19.29 21.70 24. 11 26.62 28.93 31.34 33.75 36 .16 38.57 40.98 43.39 45.80 48.21 50.62 63.04 66.45 67.86 60.27 62.68 65.09 67.50 30 2.25 4.50 6.75 9.00 11.25 13.50 15.75 18.00 20.25 22.50 24.75 27.00 29.25 31.50 33.75 36.00 38.25 40.50 42.75 45.00 47.25 49.50 61.75 54.00 56 .25 58.50 60.75 63.00 65.25 G7.60 $67.50 31 2. 18 4.35 6.53 8.71 10.89 13.06 15.24 17.42 19. 60 21.77 23.95 26.13 28.31 30.48 32 .66 34.84 37.02 39 . 19 41.37 43.55 45.73 47.90 50.08 62.26 64.44 56.61 58.79 60.97 63.14 65. 82 67.50 Man, wife nnd two children l 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 rn 20 21 22 23 24 25 2G 27 28 29 30 31 28 2.68 5.36 8.04 10.71 13.39 16.07 18.75 21.43 24.11 26.79 29.46 32.14 34.82 37.60 40.18 42.86 45.53 48.21 50.1:)!J 53.57 56.25 68.93 61.61 64.l8 66.96 69.£4 72.32 71i. OO $76.00 31 2 .42 4.84 7.26 9.68 12.10 14.52 16.94 19.35 21.77 24.19 26.61 29.03 31.45 3:J.87 36.29 38 .71 41.13 43.fi5 4;,97 48.39 50.8 1 G2 .:i0 53.22 55.00 65.G4 57.50 58.fJG G0.00 62.50 60.48 G:i.llll G2.~0 67.GO 65.32 70.00 67.74 70.16 72.50 75.00 72.68 7G.OO 30 2.50 5.00 7.60 10.00 12.50 15.00 17.50 20.00 22.50 25.00 27.50 30.0U 32 . 50 35.00 37.50 40.00 42.50 45. 00 47.50 60.00 WORKMEN'S COMPENSATION AC Widower and three children l 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24. 25 26 27 28 29 30 31 28 2.59 6.18 7.77 10.36 12.95 16.54 18.1 2 20.71 23.30 25.89 28.48 31.07 33.66 36.25 38.84 41.43 44.02 46.61 49.19 61.78 M.37 56.96 69.55 62.14 64 .73 67.32 69.91 72.50 30 2.42 4.83 7.25 9.67 12.08 14.50 16.92 19.33 21. 75 24.17 26.58 29.00 31.42 33 .83 36. 25 38.67 41.08 43.50 45.92 48.33 60 .75 53 .17 55.58 58.00 60.42 62.8 3 65. 25 67.66 70.08 72.50 Mnn, wife nnd three children $72.50 31 2. 34 4.68 7.02 9.3 5 11.69 14.03 16.37 18.71 21.05 23.39 25.73 28.06 30.40 32.74 35.08 37.42 39.76 42.10 44.44 46.77 49.11 51.45 53.79 56.13 58.47 l 2 s 4 5 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 ~4 25 26 27 28 29 30 31 GO.SI 63.1 5 65.•18 67 .82 70.16 72 .50 2S 2.95 5.S9 8.84 11,79 14.73 17.68 20.62 23.57 26.52 29.45 32.41 35.36 38.30 41.25 44 .20 47 ,14 60.09 53.04 65.98 68.93 61.87 64.82 67.77 70.71 73.66 76.61 79.55 82.50 30 2.75 5.50 8.25 11.00 13.75 16.50 19.25 22.00 24.75 27.50 30.25 33.00 35.75 38.50 41.25 44.00 46.75 49.50 52.25 55.00 67.75 60.50 63.25 66.00 6S.75 71.50 7-1.25 7i.O O 79.75 82.50 $82.50 31 2.66 5.32 7.9S 10.64 13.31 15.97 18.63 21.29 23 .95 26.61 20.27 3l.93 34.60 37. 26 39.92 42.58 •15.2 4 47.90 50.56 63.22 55.89 58.55 6l.21 63.87 66. 53 69.19 71.85 74 .5 1 77.17 79.84 82.50 Widower and four children 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 lS rn 20 21 22 2:i 2-1 25 2G 27 28 29 30 31 28 2.86 5.71 8.57 11.43 14.29 17. 14 20.00 22.86 25.71 28.57 31.43 34.29 37.1-1 40.00 42.86 45.72 48.57 51.43 6-1 .29 57.14 60.00 62.S6 60.72 68.57 71.43 74. 29 77.14 80,00 30 2.67 5.33 8.00 10.67 13.33 16.00 18.67 21.33 24.00 26,67 29.33 32.00 3,1.67 37.33 40.00 42 .67 45.33 48.00 50 .67 53.:.13 56.00 58 .67 61.33 64.00 G6 .G7 69.33 72.00 74.66 77.33 80.00 $80.00 31 2.53 5.16 7.74 10.32 12.90 15.48 18.06 20.64 23.:!j 25.81 28.39 S0 .97 33.55 36.13 38.71 41.29 43.87 46.-15 49.03 51.61 5•1 .l!l 56.77 59.3 5 61.93 6-1 .52 67.10 69.68 72.26 74 .84 77.42 80.00 Maximum 1 2 3 4 5 !.. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 3.21 6.43 9.64 12.86 16.07 19.29 22.50 25.71 28.93 32.14 35.36 38.57 41.78 45.00 48.21 61.43 54.64 57.86 61.07 64.28 67.50 70.71 73.93 77.14 80.36 83.57 86.78 90.00 30 3.00 6.00 9.00 12.00 15.00 18.00 21.00 24.0U 27.00 30.00 33.00 36.00 39.00 42.00 45.00 48.00 5l.OO 54.00 57.00 60.00 63.00 66.00 69.00 72.00 75.00 78.00 81.00 84.00 87.00 90.0 0 $90.0 0 31 2.90 5.81 8.71 11.61 14.52 17.42 20.32 23.23 26 .13 29.03 31.94 34.84 37.74 40.64 43.55 46.45 49.35 52.26 55.16 58.06 60.97 63.87 66.77 69.68 72 .58 75.48 78.39 81.29 84.19 87.10 90.00 39 "Widower und fi ve children l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 26 27 28 29 30 31 28 3.13 6.25 9.38 12.60 15.6 3 18.75 21.88 25.00 28 .13 31.25 34.38 37 .60 40.63 43.75 46.88 50.00 53. 13 66.25 59. 38 62.50 65. 63 68.75 71. 88 75 .00 78.13 8 l.2 5 84.38 87.50 30 2.92 5.83 8.75 11.67 14.58 17.50 20.42 23.33 26.25 29 .17 32.08 35.00 37.92 40.S 3 43.7 5 46 .67 49.58 52.50 55.42 5 .33 61. 25 64.17 67 .08 70.00 72 .92 75.83 7S. 75 8 1.66 84.58 87.50 $87.50 3l 2.82 5.§5 8.-17 Jl.1!9 1'J. ll 16.94 19.76 22 .58 25. 40 28.23 31. 05 33 .S7 36.69 39. &2 42 .3 4 45.16 47.98 50 . ' l 53. 63 56.4 5 59.27 62 .L O 64 .9~ 67.7-1 70 .56 73, 39 76 .2l 79 .0 3 8 t.s;; 84.68 87.50 I •I I I �WORKMEN'S COMPENSATION ACT 40 Table show ing amount by months nnd days, fi gured on b asis of one child :it r ntc of $120.00 per ycnr. d a y or d a ys Month or Months $10.00 20.00 80.00 40. 00 60.00 60.00 70.00 80.00 90.00 100.00 110.00 120.00 1 2 s 4 6 6 7 8 9 10 11 12 1 2 1l 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 81 l ) 28 day mon th 30 day month 31 d :iy monlh .36 .71 1.07 1.43 1.79 2. 14 2. 50 2.86 3.21 3.57 3.93 4.29 4.64 6.00 5.36 5.71 6.07 6.43 6.78 7.14 7.60 7.86 8.21 8. 57 8.93 9.28 9.64 10.00 .3 3 .67 1.00 1.33 1.67 2.00 2 .33 2.67 3.00 3.33 3.67 4.00 4.33 4.67 5. 00 5.33 6.67 6.00 6.33 6.67 7.00 7.3 3 7.67 8.00 8.33 8.67 9.00 9.33 9.67 10.00 .32 . 65 .98 1. 29 1.61 1.94 2.26 2.58 2. 90 3.2~ 3.55 3.87 4.19 4.52 4.84 5.16 6.48 6.81 6.13 6.45 6.77 7.10 7.42 7.74 8.06 8.39 8.71 9.03 9.35 9.68 10.00 Peace Officers Indeinnity Fund CHAPTER 83-ARTICLE 2 R. S. 1931 Section 83-201. 83-202. 83-203. 83-204. 83-205. 83-206. 83-207. 83-208. 83-209. Wyoming peace officers' indemnity fund. Officers included. Limit of idemnity paid. Payments t o fund by counties. Payments to fund by state. Report of accident . Order of Court. Power of State Treasurer. Appeal by State Treasurer. 83-201. Wyoming Peace Officers' Indemnity Fund. The fund accumulated under t his Article shall be known as the Wyoming Peace Officer s' Indemnity Fund. [L. '23, c. 97, § 1. 83-202. Officers Included. Such Peace Officers' Indemnity Fund shall be accumulated and maintai ned as herein provided for the purpose of providing indemnity to all penitentiary wardens, deputy penitentiary wardens, penitentiary guards; guards of the Wyoming Industrial Institute, including the Superintendent and his deputies; agents of the State Department of Law Enforcement, and the Commissioner of such Department and his deputies, State Coal Mine Inspectors, and deputies, State Game and Fish Commissioner, and his assistants and deputies, and States Game Wardens; and all salaried sheriffs, under sheriffs, deputy sheriffs and constables employed by any county of the state of Wyoming or paid by the Board of County Commissioners of any county, who shall be injured in performance of their duties, the purpose of this article being to provide for indemnity to such peace officers injured in the performance of their duties, which duties are hereby recognized as involving risks to life and limb. This section shall not apply in any case where the injury occurred before the date on which this section is to take effect. [L. '31, c. 71, § 1, amending L. '23, c. 97, § 2. ~3-203. Limit of Indemnity Paid. The indemnity y,hich any such peace officer or his dependent family shall be entitled; to receive under the provisions of this article shall be computed according to the -compensation schedule of the Wyoming Workmen's Compensation Law in effect at the time such in- �42 WORKMEN'S COMPENSATION ACT WORKMEN'S COMPENSATION ACT juries were received, and the procedure and forms under this Article shall be as near as may be the procedure and forms provided by the Workmen's Compensation Law, it being intended that the Wyoming Peace Officers' Indemnity Fund shall be administered by the State Treasurer as near as may be in the same manner as the Wyoming Workmen's Compensation Law is administered, and that orders of award and all other court procedure shall be entered and conducted as near as may be in accordance with the procedure provided by the Workmen's Compensation Law, and that any of the above peace officers injured in the line of his duties shall receive the same compensation which he would have received had he received the same injury while working for an employer contributing· to the Industrial Accident Fund, and shall receive the indemnity in the same manner. [L. '23, c. 97, § 3. •£ZS&;_.----•8iil_3"'.~""-'::: Payments to Fund by Counties. Every ~====•c~o~~:;';n~thy;---of the State of Wyoming is hereby required to pay into the State Treasury for the benefit of the Wyoming Peace Officers' Indemnity Fund a sum of money equal to one and one-half per cent (1½%) of the moneys earned by each of its salaried sheriffs deputy sheriffs, under sheriffs and constables 'during each calendar month in which they shall be employed. Such payment shall be so made on or before the fifteenth day of the month following the month for which such payments are computed and paid. The State Treasurer shall keep a separate account for each county so contributing to said fund, and shall charge against the account of each county all warrants paid from the Wyoming Peace Officers' Indemnity Fund: (a) As awards for injuries to the above named peace officers of such county: (b) In payment of medical or hospital attendance of such peace officers of such county; (c) In payment for the investigations o_f inju_ries of such peace officers or in payment of mvest1gations into the manner in which such injuries were received; (d) In payment of witness fees in cases where• in an order of award is granted to such peace officer of such county. Each county shall continue to make said monthly contributions as above provided unless its account after making the aboYe deductions therefrom shall be overdrawn in which event said county shall be required to p~y monthly a sum of money (including the said one and one-half per cent) equal to three per cent (3'lc) of the moneys earned by each of its peace officers during each calendar month .of such employment until such overdraft shall be paid. [L. '23, c. 97, § 4. 1• 43 83-205. Payments to Fund by tal e. T~1e State of Wyoming hereby pledges itself to contribute by biennial appropriations a sum of money equal to one and one-half per ce nt ( 1 ~f'::f 7<' ) o~ t)t monrys ed by each of s uch peace o 1cers m 1 s emp o , ear; a"'rees that its accoun t shall ·oe kept as near :; ma; be in the ma_nner in which the a c_counts _of the countie5 are required to be k~p~ under t he p rovisions of this article, and that umla r charge fo r amounts paid out on account of or on behalf_ of injuries to its peace office rs shall. be cha rged agamst its account. The State of W yommg further pledges itself that in the event it account is o~•erdra_wn that it shall contribute a sum of money (mcludm g the said one and one-half per cent) equal to tlu:ee per cent (3 % ) of the moneys earned by each of its peace officers. [L. '23, c. 97, § 5. 83-206. Report of Accident. Reports of accidents covering injuries to its peace officers shall be filed by the counties in the same manner and at the same time as such reports a re required to b filed by employers contributing to the Industrial Accident Fund, and each State officer shall make similar reports to the courts of all inj uries to peace officers employed in his department. [L. '23 , c. 97, § 6. 83-207. Order of Court. E very order given and made by the District Court or Judge awarding pa yment from the Wyoming Peace Officers' Indemnity Fund to an injured peace officer or his dependent family shall be entered of record by the Clerk of the Court where given and true copies thereof shall be immediately made and certified by said clerk and forwarded to the State Auditor and State Treasurer respectively of Wyoming, and shall be by each of said officers entered upon a record to be known as the Indemnity Docket, and shall be the authority and direction of the State Auditor to issue warrants of indemnity awards against the Wyoming Peace Officers' Indemnity Fund, and for the State Treasurer to pay such indemnity awards from suc:i fund. [L. '23, c. 97, § 8. 83-208. Power -0f SL'.!te Treasurer. The State Treasurer shall have the power by appropriate action to require each county of the State to con~ibute to said fund as required by this article. [L. 23, c. 97, § 9. 83-209. Appeal by State Treasurer. The State Treasurer shall have the right to appeal to the ~upreme Court from any final order or judgment 111 a~y District Court of the State awarding indemnity or declining to award indemnity, although h~ was not a party to such procedure in the Dis• trict Court. The Attorney General shall act as the �44 I I WORKMEN'S COMPENSATION ACT attorney for the State in every such appeal, and each appeal shall be conducted without expense to the Wyoming Peace Officers' Indemnity Fund. {L. '23, c. 97, § 10. Coal Mine Catastrophe Insurance Fund CHAPTER 57-ARTICLE 7 R. S. l!l31 Section 57-701. Definition. 57-702. Payment by coal mining companies. 57-703. Losses in excess of $25,000 to be paid from fund. 57-704. Separate accounts to be kept . 57-705. Use of fund limited. 57-706. Penalty for fai lure to pay premium. 67-707. Authority to contract with insurance companies. 57-701. Definition. The word, "catastrophe," as used in this Article means a di aster in a coal mine or mines causing the payment t hrough the operation of the Workmen's Compensation Law of this State out of the Industrial Accident Fund of an agg regate more than Twenty-five Thousand Dolla rs in compensations to workmen killed and injured a nd their dependents, growing out of an y one accident or occurance, or series of accidents or occurrences a rising out of one event. [L. '25, c. 159, §1. 57-702. Payment by Coal Mining Companies. For the purpose of giving to the portion of the Industrial Accident Fund paid in by employers operating coal mines support which is deemed necessary, each emloyer operating a . coal mine or mines in Wyoming shall pay into the State Treasury monthly a sum equal to one-fourth of one per cent of his Wyoming payroll for the preceding months, such payment to be made on or before the fifteenth day of the month following the month for which such payments are computed and paid, the ·moneys so received to be placed by the State Treasurer in a fund to be denominated Catastrophe Insurance Premium Fund. All moneys received by the State Treasurer under the terms of this Article, shall be paid by him out of the Catastrophe Insurance Premium Fund into the Industrial Accident Fund, monthly as received, and such payments shall continue to be made until the ~redit balance of the Catastrophe Insurance Fund m the Industrial Accident Fund is equal to One Hundred Thousand Dollars .($100,000.00), whereupon such payments shall cease, to be automatically resumed, whenever and continue so long as the ~redit balance of the Catastrophe Insurance Premium Fund within the Industrial Accident Fund, is �WORKMEN'S COMPENSATION ACT 46 47 WORKMEN'S COMPENSATION ACT below One Hundred Thousand Dollars ($100,000.00); all such payments shall be credited generally to the 1 Industrial Accident Fund instead of oeing credited l to any individual employer contributing to either the Catastrophe Insurance Premium Fund or the Industrial Accident Fund. [L. '25, c. 159, § 2. 57-703. Losses in Excess of $25,000 to Be Paid from Fund. In consideration for such payments made or to be made from the Catastrophe Insurance Premium Fund, the Industrial Accident Fund in the hands of the State Treasurer is hereby made a catastrophe insurer as to catastrophes to the extent that such catastrophes cause losses above 1\ventyfive Thousand Dollars to the Industrial Accident Fund. The first Twenty-five Thousand Dollars of such loss shall in every case be charged against the employer in whose mine or mines the accident may have occurred. The amount over Twenty-five Thousand Dollars shall be paid. from the Indushial Accident Fund and not charged against the employer in whose coal mine or mines the catastrophe occurred, but against the balance of the Catastrophe Insurance Premium Fund. [L. '25, c. 159, § 3. 57-704. Separate Account to Be l{ept. The State Treasurer shall keep a separate account between the Industrial Accident Fund and the Catastrophe Insurance Premium Fund, crediting the Catastrophe Insurance Premium Fund with all moneys by it pai<l into the Industrial Accident Fund and charging the Catastrophe Insurance Premium Fund with all amounts paid out for catastrophes as herein provided. [L. '25, c. 159, § 4. 57-705. Use of Fund Limited. No money paid into the Catastrophe Insurance Premium Fund as herein provided shall ever be applied in any way other than by payments to the Industrial Accident Fund as herein provided. [L. '25, c. 159, § 5. 57-706. Penalty for Failure to Pay Premium. The inspectors appointed by the Treasurer under Section 124-119 shall also act as inspectors for the purpose of enforcing the collection of the premiums due the State from employers operating coal mines. And if in any case any such employer shall fail or refuse to pay the premium upon his monthly payroll as is required by this Article he shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred ($500.00) Dollars and in addition to the said fine it shall be the duty of the Attorney General of this Staie to immediately bring suit in the name of the State in the District Court for the proper county, for the benefit of the Catastrophe Insurance Premium Fund, against such employer for the collection of such emium, and if a judgment for the r ecover y of ~~ch premium due be g_iven in favo r of t he State for the use and benefit . of. the Catastrophe Insurance Premium Fund said Judg ment hall be fo r double the amount of the Pr emi um provided by this Article, together with costs. [L. '25, c. 159, & 6. 57·707. Authority to Contm ct With Insurance Companies. The State Treasurer, should he deem it advisable, is hereby authorized and empowered to make contracts on behalf of the State of Wyoming and the Industrial Accident Fund with an insurance company or companies, to provide for payment into the Industrial Accident Fund' by the insuring company or companies of a sum equal to the ultimate net loss which the I ndustrial Accident Fund has or shall sustain by r eason of any catastrophe, all for the purpose of authorizing the State Treasurer to reinsure the said catastrophe r isk with an insurance company or companies. The premium for any contract of reinsurance shall ·oe paid by the State Treasurer out of the Industrial Accident Fund and charged against t he account of t he catastrophe Insurance Premium Fund. Every contract of reinsurance shall specify that the insuring company or compa nies reinsure the Industrial Accident F.und from .l oss by r eason of catastrophes during the term of such insurance, within the limits as to amount expressed in the contract, and that the insuring company -waives all right to question any award for claims gTowing out of a catastrophe or claimed to grow out of cat astrophe, and that the insuring company will accept as final the awards made by the courts under the Wyoming Workmen's Compensation Law, and will abide by such awards, and will promptly repay to the Industrial Accident Fund all the payments made by it during the term of such insurance under catastrophe awards. Each contract shall also provide that the insuring company disclai1:1s all right to appear in or contest any proceedmg under the Workmen's Compensation Law. No payment made out of the Industrial Accident Fund which is repaid to the Industrial Accident Fun_d by an insurance company shall be charged agam~t the account of the Catastrophe Insurance Premml? Fund or against the account of the employ~r m whose mine the catastrophe accurred. [L. 25, c. 159, §7. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource State of Wyoming Workmen's Compensation Act and Acts Relating Thereto With All Amendments To Date - May 1, 1933 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1933-05-01 Subject The topic of the resource Documents regarding the Workmen's Compensation Act and amendments. Description An account of the resource An 8.75" x 3.75" beige booklet with black text and handwriting in the upper right corner. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource H. R. Weston Identifier An unambiguous reference to the resource within a given context 1-0164 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.