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I Total Man Shifts 46 3 5. •••••••••••• ························s i.o.eo. ,.. l7l (I) ~i ~z Employe's Name Description of Accident Injury '0~ 'g b.o t: .s (I) C1) ti! o Cl)§ ..., . 11.2 i-:l 8 0 ~ (I) P::8 Actual Cost of Compensation A ~ ...,~~ .3 .... 0 C) Cl) <3 Month of.......De.c. ...,....l.9.29............ B Permanent Tota.I Disability A Fatal C Perm.anent Partial Disability .• · p ~:,,.,.,.. ,.. -;· ,..,,, , Fi? 'i'o o lFi in 0 \711 hands [i'l 8 i 1ci. ch 193 Kiclced Q'iT 1u1in12,l . "n 153 Co a l f ell fr om 1. a c e a nd c v.t :e Beg ovi ch e.n P a i n ovi ch 0.73 ~'1,::-i l l () T i=l or>"k- 1 5 FB,11 o:f Co a l ~ 55 lJe cha,ni cci.1 lo ader r; p, Sn ..,..:q p-gi -n [! 123 Tool s i n 0 '..'/11 h a n ds s. RilEnr t i n Kob le"(' nt on R:=i11 d ri1 T)11 e P ern ich T.~~ ~ r-> II () h 1::, ,:,-,,,.,,. " " !:> 1 Bas ner 147 Loos e Co a l 410 Ki eke cl by .t~..n i ma 7 S tek ol B- 5 Minin;:;· LI;::i ch i l1e ,._ h e netz D Temporary Total Disability 5 29 23 5 9 3· fin.r~er 5 9 3 l n J (-; ~ 10 16 13 17 3 19 23 3 18 1 9 0 l R 2 :1 27 L1. 28 3 18 13 5 4 .' ! > -I I ; \ ' I �MONTHLY ACCIDENT THE UNION PACIFIC COAL CO. WASHINGTON UNION COAL CO. Average No. of Employes..•••........:·············· · 1\-fine.... · R·o.c,... •...., r.·.1·~-.~... .QJ:.. :. a ...1,·•··o_.,._____8···· Employe's Name ' Description of Accident Injury E3Z I ~ bJ) .TOA I Frank Jviavhe?:,r !:'f'\ r-; :Hi ni 1-i f? °Rl"'U:?lJ ~ ·r"l"'Fl lhl 1i1R 11 230 °H.,a ll And.reYl Polich ln rm, {:() 1 7 r->+i· i .Tas .. -.- ~ in-7· ~L1- ?!:! 11 P.37 8 1) r .. Cl) 0 +J Ul ~.8 Uo ?..1. F achine Q. Rock "f' r! " P. 7 t=i 2": i 11,r - 99 Fall of' CoE~ l An d. re ~:r F l a i 111 Geo o Hiolar 73 .tic~ 17 of Coa l 92 To :J 7 s i n O\"!TI H2.n ds -r:,,..-1-~ 1 .l! '1r.-::".1Vc...., Oh 1h .g 77 ? 9 600 b l? 1 L1. 18 23 78 19 21 20 Fatal B Permanent Total Disability A <M 7 .John l~o .Johns on TI,-, A Rock of Coa l . o-f 0 ?.A of' .,IJi" 1 :i ,· ae T'.1Te.tt !J. • 101 Fall Cl) ]~ ';!:::s...., .$ ~.§ 3 r;- j ;':nr>"vi;.,,.,o P.h T, lj.: Yl i 1'1 CJ - ·- R~ri.::ik",ri ~h 'C~ Month of...................... ec.....,..... l.9.2 ◄ Actual Cost of Compensation ~ t! ·9 Q) f/lME-i I i'orm.26' Tot.al Man Shlfts •• 6.46.6............ :'. .........5.l~l.2a ~ Cl) ~i - REPORT C D Temporary Total Dlsabillty Permanent Partial Disability \ 4 13 1 12 ·, : I \ - I I l J I I ' I �COAL co. W ASHiNGTON UNION COAL CO. - - - .. " ~ ' JI. "~ 7 • l\'li.ne•••••••• ..ti~.-J...2.11 dl.;;JJ!'J(,' c..e ... ~!:': ... 011.ts.id.e Average No. of Eniployes............................·· Total Man Shifts ...................................................... Dec. t ........................ 1929 . Month of........................ fl.I Employe's Name 'C~ Description of Accident Q) "" Injury 'C b.O s § E~ ::l ...... ""fl.I Q) Jg o. Q) Ul ..:l 8 •• A ~ T VO "'"J 1 .D6V Q. 2, F a.llin o: 27 2 ~o P:::8 ~ Actual Cost of Compensation Q ~ :::i_, ...., fl.I Oo <..:J LL A Fatal B Permanent Total Disability C Permanent Partial Disability D Temporary Total Disability �~- ~ . Mine••••• :i....e li.t?J'lC.e ... \ • - .r .O.o ....l .. M ONTDLY A CCIDENT REPORT •••••••······· Average No. of Employes......... ·· ................. ' I Form 264 Total Man Shifts •••4.6.9.2.......................3.7.5.3£. \ Month of ....... :l?..C..•..,-... .l~2.9........... . (/l I Employe's Name I I '0~ I. Description of Accident I I i John l1urinko . \ };Ii ke l;avicli 43 F lvi11 ?, 01:Jiect 3~ ~a ll of Geo o -1-Iat zi s Ste-" e ·,. e rak i s Coal 18 1r 2 ,l 7 of 1:lo c k 3 4 'Pool q j YI (),. : n Hp,nrJ s -o bO Injury <I) 0 ~ Cl Actual Cost of Compensation i:l a> ......... § ~~ al::,_, 1-1 c,s o. to CJ 0 A <I) (/l ..., Fatal (/l ri.i i-:i E-t ~E-t -< i-J 2 ~ n I 3 4 0 5 25' 9 10 16 16 17 19 ]() 19 r 71 () 17 0 19 B Permanent Total Disability C D Temporary Total Disability Permanent Partial Disability 15 14 12 1~ 1-----~==tt======+--t-+t-t--±==t===t=~ I I \ \ \ TOTALS 72 J GRAND TOTAL ) / �·- ··-· . "A Cl.l-'JC c!OA .fJ CO. ll~ . ! 1 ~, _ ,y,' 'ON flNlON COA .i ... • _, ., ' : • t' \' t i : \ -~ ·.• co. t; \l1.l. _1 •. 1 - I • ' - ~~ ·1 ... • O O O • N ~ 0 0 .... N • " • . .. 0 6 <IJ a1~ ,!Jl ..O ·----. I .. -, - ,~ -~ . .._ I• l .. -· I i: . ill'1. _ \ , -e __ J· _111 _1c11Hl • I ,1 ~•_ ! · ' •· .._ _,.. _ ~ • : "I -- 1 ~ --) : : ~I t -- - - __ ~~ ' ---~V- l.5_~--- 1;~ ,U j,.JJ . 'I 1 • I\\ •· l - ..;.. .\ _2 _ _ !~ .. l, ·i ,·c, ~---~ L_. ,._,::._;.\ . q (')() • 1 1 n·t n oy (~ PJ .P . l11 lvir1 !'7 ·-· ._1 Cl'.l Ct ov :-1.nini S68 Ii1 a 11 of' ·- c~ 30 1 ?i() 7 \.J n~- ·,., 0. 1"' m1h o c· 0 T h (J mr:•. , ; 9f3n T,j_ f t i ..1. ,·,• ilo Jol l { 209 ::: 7 ·iri n -.• OlJ i e c t • 1.) 11 .in. o ( "\"'1·) ·1· r>.., C .. - ~ ·t r:J ?. . ,-·z ·- ,~) D Temporary Total Dtsa.blllty ·-- - - -~---... .... ..... .- . . ~---· -· .. ~ () ?.n .!.::L. 6 () .2 J r•o,..,l •.rotul - - -- - - - · - _1_9- ___i 0 19 78 C Permanent Partial Dteablllty (' lei_ l.l? l'"'/ Pc1rmnncnt Dlsnblllly (Yb i P.C i- R:-ziR :'i. n i ·r.1~ 7 ~ ., NT c 'Do..u.c.ld A liL . ____,5_ 16 5 ('\ 10 LQ..Qmnot i ves n,...i 11 °P Oir.TP"'~ ~ .!. Lt~~~J rnn .,., ,... 1l bY ... __--::::._ , Dec • ..1 ........................... Month of .. ................. 1929 .. . . , • • • . . n- F"nto.l CJ Ill It -- T .n~ r1 Pr" ,, ~o '., Act.uu.l Cost of Compensation - .-c ..... _ _ ___ ~~ ]~ (I) ~ 3;56 Tiftin r:t Ob.i e ct s R3 7 ·;i"o, 11 i n .0: Cb.iect •1 !b{ri,no yj_ ch • . -- Oh -·i P. r. t . k2.6. .lii .n.e_-.C.a. r f-i ~R l t .9 Injury 11'] v·j i'°l ,-;- nn,1 .. 'O b.o ~ cl ~~~ ~E-4 <i3 th..1 • 11·~ r.~ 0. } 1 P n i 0. P 1 . J u ~ }tl-,~ '~ ·- • ~ ~- - - :· ;.. r • Description of Accident 6z J _ Form 264 '.rotal Man Shlfts2.0.'1.G .. ............... . . .2,:'JQ ... f)[} Average No. of Employes............................ • O ,_. 1;~BiJ1!\.1,Y •'s NdtUO .... MONTHLY ACCll)ENT llEPOllT Q --·- ·-- . __] 30 --··--------· \ . \~ ·- --- . . ·-- · J.. --· ------· ~ \ \ \ \-\ \ \ '· r - \ ~\ - --- . - .. --- I --- -·-- j --· ·- - I I ·• · c .,._.._..,.,., a_.. :-, I I I 1 :7.,., I L I ··- I J \ . . . - - ... ....,--·- ... . ... . .... ~ - / - I I I I :. j I I I / I I / / l I j I �THE UNION PACIFIC COAL CO. WASHINGTON UNION COAL CO. Mine......... MONTHLY A CCIDENT R EPORT W.i.nt..Ql'.L ..Ko.•....~................... I A verage No. of Employes ................... _....... . Total Man Shltts2.8.'1.6 ...:............'. ...2.~ Q.O.~...... 1-, '"O ~ g~ az '"O b.o "'1-, µ i P°"' '"' "'i, J. -i I I I J"ohn G o J"ohn son l m vd e Tl-=i.n i P.1 c:: I ',i'hos ~- J:Tu,~·hAc:: I P· . Cou1·t n ey f i _4, . jli ilrn °Fl:Ya 11 n vi l"! h 'i'n n C' - '71:n '"'.,."::1"" Actual Cost of Compensation "'Sai t! .D') § .2l o . Y.P-l E-< ~ LL (1 , "- 1 f; I:; 10 16 5 ? n nrr.:>1~ TI"l"i l 1 11"> , '7 () 83 6 T i fi· i ;-ir,• Ob ie c ts , r; 19 , Q7i '7 "ft'a l J_j_n -:i: Ob ·ie c t 18 19 0 1" ?7 ?? () Des cription of Accident °ft~ l Y i n r.· ( ~ ()() Injury ()1-, ; pr- + - 884 1:'oP f' Yl~Y1i (' <> l 'l',.j i i1 A P. <)r-:: ~R 1 IA C;.Q ('!-:, "r'C: "tl' l vin.7 - T. n s:i r'l fC>"l" R· ()1'-, •j P f'_ Ip r. nm n t i v ,-=-c:: Be n Gi ov a n ini 8 68 Fal l Rov M c nrm <::i l (J P, e;;:Q / 1'1 i i-, :c:i 1 c:: Tho s . Thom2.s D.RR T,i 1"'t i ::, ,·.· Cibier!t S R. A. 80 9 Fl vin :-,• Obi e c t Jol l y ~ A so ::its= ... Ql 0 P::E-< I I -;:;, -,...,. n l r of' Coa l - 30 n-·· n pi-• '@ Permanent Total Disabilit y Fatal <.'.3 7 ?A () 30 ] ' TOTALS 14 GRAND TOTAL 'Eune Accldenta . . . _ .,, ..... . § - .'Z.7..9 Frequency Bu.tc.., ___g_ g_Q..~. C Permanent Partial Disability D Temporary Total Disability I 1 '; () 2 '7 B A .8-' C.l 02 I bhunbcn- Lo• t Month of .........P.~.~ ..~ ..t .... J.~.?..$. .......... 02 "' ~ .c Employe's Name Form 264 .. fl �b\ I~~~::::::~t~!~~!_gi: Avera ge No. of Employes................... ,........ .!I: .c I '_'Jji1- Description of Accident e3Z ~7r:1. Kern I ,i::,.!I: ~~ Employe's Name ?r"J() Injury i .,., " " ri, 1', •;, 1, rl c: ri.o ~ Ti'1 7 ,ri 11 ,;• r ,1-i ·i r-- r. +. c: T-T.-:, 1 1 t! .!3 eo Q) r7 1 6 ~'.-Tine C2.rs 7 86 Fa l l f!c Lo c or:1oti ves o-f Ho ck ~ ....::s~0 ....al::, _,"' Q) Month of ............. .Dc..c.•., ....l .92.S.-.. Actual Cost of Compensation A ~E-< Oo -CS:..:! 2 ~ ('\ ,~ 7 ,.., ,~ V Chas. Be ss o T. Ya.me.mot o (1) ... 'O bl) 21 .3"' .§ rn E-< ITT /')/')1 C: Form 264 Total Man Shlfts .. 2.'.7.81.....'. ..........222.48....... (1) I -· MONTHLY ACCIDENT REPORT ... ! I 1· - B Permanent Total Disability A Fatal C Permanent Partial Disability I .?~ "q- 2'"/ 4 I I I I - ' I Nv..nbe>T Lo,.t 'rune A.ccl.clcnt.s....... . .. ~ .......... _ . . _ TOTALS , .,_ GRAND TOTAL ~cqucnc y Ratc ........~.?..~.§.9 5 ··-·-·-···· I D Temporary Total Disability �\ THE UNION PACIFIC COAL CO. · WASHINGTON UNION COAL CO. I MONTHLY ACCIDENT REPORT il-llne .... sup.~:i:i.o.r. ... - ....Q.v.t.g.i.d.e .... Average No. of Employes......................._,.... .,,.. I I Employe's Name I ~i cSz Total Man Shifts..214....................l'ZJ.,2;.......... "' ., ,.. t:l::;, Inj ury 'Cl bl) "t .s eo Cl) 21 ~ .§ w t-l 8 I I I J.us Be r t a I i Ab e I ; c-:-c:.nt rv 513 I i -i''t. i 11r:- /: h<' l 6 R P l vin ,-;: r1h j P- r. t ·Rr f\h i <=> f' t ,:: 30 ....., E::0 .Bal ..... A ;:l 0:: 8 Month of...........:P~.9..•.....l~.2.9............ A ctual Cost of Compensation 'C .!I: Descr iption of Accident Form 264 0"' <.3 .~, 'Fat al B Permanent Total Disability C Permanent Partial Disability D Temporary Total Disability (\ . I I I I - TOTALS GRANDT~AL Nun>.be r _ ~ s t. 'rune Accl d e nt.s ... - ····- ·· - Frequency Ro.to ... - .... - . -- . �r I --- -· -THE UNION PACIFIC COAL CO. WASHINGTON UNION COAL CO. . .,.... , __ .,. II ti MONTHLY ACCIDENT REPORT " " i1 l\:line.... i::i.,;,.J.).~,:.:.1.o.r...... .B ......fil_1e. ....... Average No. of Employes......~ ..................... Total Man Shlfts.. 414.Q..~---······· ·····.3..3.l.2Q...... ,.. "' Cl) ~1 Employe's Name '0~ Description of Accident tsz Injury Cl) 'O b.o Cl) ~ VJ - T-L (!p l"\T't:rP Dan Hendri c k I Joe AnP-eli ,Iobn OJ-=-, Z rne!:;t 7.UP. cl1 JUc_:trlr -P rice ~ '.14R• Ti' 1"'ri ;-,r,- ()h; -~-'- - p:: E-< ....Oo"' ., ho () () ·p O,,. c:, ,.., ,., c:, , ,, , ,~ ,~ 402 Fa ll of P el"S 011S 11 LL () 78 1 :i () 1368 P oviTe r l,;;an H'~ 1 1 n,,.; , , n -"' 301 Liechanic a 7 ~Q~ T:' 7 P r- t .,. i r- -i .,_ V tz. 8 9 Ti':" l l C, ,~ 7 oacl ers ~:,; ryf -;:;, ,.., ,-- l f 362 J?a lli n r.,: Ob i ect A Fatal <..:i h () ~/1. Ill 2Ll. ~, 6 26 I=\ TOTALS 36 - GRAND TOTAL N...-., Lo&< ....... A<cld='°·-··•····•~....-.- ~•~ '- ~ "'r'l.,nn.- .A.c.c•\4ant.N. .. s:::;. Frequency Rato ... .... .. - ... 9 0 ._57 9 ....................... S11'l"Vnrl . ~ J1·1,.n...,___ , - .RemnrJcs...... ... Month of ............P~.9.-~.. 1 .... J.-~.?.~ ....... Actual Cost of Compensation ~ A § ....~~0 o3::s ..... .so. i.. •fii I • '-> 0 BA <1) cn..JE-< I J"ohn Raunio I -.,,~ ,.,.- , .~·- - - , ; Form 264 B Permanent Total Disability C Permanent Partial Disability D Temporary Total Disability �THE UNION PACIFIC COAL CO. WASHINGTON UNION COAL CO. !!.C.!!.......___ 1\:line.......S11:s1.~.r.;LQ.r..... MQNTDLY AC:CIDENT REPORr Average No. of Employes ••••••••••••••• :............ •.rotal Mnn Shlfts.~.1.~.1 .....:............ 2.7.4.'2.2:..... ., 'l:J~ Employe's Name Description of Accident Injury 'l:J b.o B i::i Cl) .l:ls... ·.;o.§ l'll..:1£,-< Jack Hv s P.11 Cl) 0 ~ Actual Cost of Compensation A ....~~0 .3al .... Cl) l\lonth of.. Da.c:.... p. ... . J.~2.9................. Fatal 0., ~£,-< <.3 2 3 () 7 q 'i _5 _6 0 1 1 0 14 12 17 lr-; 0 ln 3 18 0 24 215 0 30 31 0 A B Permanent Total Disability C Permanent Partial Disability D Temporary Total Disability ,~,=~352 H~ndlin~rr;........JI~J.12.Jat~e~r~i~~~··..!.....l___~f-------t--'-1 -..,_1 - 1 ------r------t-------+------t / Gust liurta t-~:::...:~=::......::;_;;.:;___ _ _ 1: l;:, ·r enc."' Form 264 'P.eJJ 32 Flyinr:: Ob .iect John iunbos I Tohn P_a 11 ~ri I I liike Robinson - - - - - - -- t - - + - - - - - - -- - , - ---·---l-~-+----+-----t---,----t---, TOTALS ~ Numb'°" 'Lost 'rhxu, Acc\w,n-........ 2. ....--····-···· - - - - .. .., ,_ 'II:.~,._ - - - • .... A• ..- • r, •· 10 GRAND TOTAL Frequency Rntc .. . ·-········· ? 2 • 8 O.l.,.................... . �I MONTHLY ACCIDENT REPORT Average No. of Employes..........••..••.•.••.•.•. ". •.rotal Man Shlfts .. 292.'Z................. .23.41.6...... ., I '0~ I Employe's Name Description of Accident Injury I I (1)0 ~~ t! ·r;; § ..., 0 .5 o. rn ,.J E-< ~E-< i ;7m. J:Joss111an I Fabian Padavich / 'O b.o Cl) i:I Cl) Cl) I '.L'om 1:Io-rn, Jr. Cl1c..s. JiJiiller ~ cl ;:,_, ..., tll CJ 0 < ,.J 10 94 F2.ll of Rock 16 l?. n 7all of P erson 18 1_9_ 0 27 ?,n ~ ~A 2q n ?, , ,.., 240 Tools in ovm lw,nds J.~.?5L....... A Fatal B Permanent Total Disability C Permanent Partial Disability D Temporary Total Disability 21 9A ~() Month of .........P.~.g.~.1 ... . Actual Cost of Compensation Cl 358 Fallinrr Object Joe Pe..u 1 i ch Joe J.iarchetti Florence .tlvancini Form 264 I ~ 30 0 ?i1 () - - - - - - - - ---+--+-- - - - - - - - - - - , -- ----l--~~-+---l------t------t------r------i TOTALS 27 I GRAND TOTAL Frequency Rnto ... ..........l.28 .....J..l..'.7. .................... . .Remn.rk11 ......... - . ............................ ........ . �'Cl~ Employe's Name Description of Accident Injury 'Cl bo 41 8 4) ~ Actual Cost of Compensation A e~ -a t: ·.,, .§ 341 0 .!:lo m..J8 ,..o.Q __&.c.J.~.,__.rr~'---!...L 41 0 Ct:8 ....,::,..,. ., tJ 0 A Fatal <,.;i B Permanent Total Disability C Permanent Partial Disability D Temporary Total Disability - t[ine Car s c:: Loe ornoti ve Otto. Sa~l~l~i~·-----+--+-~F~a~l:!::...:::l~i~n~r~~~O~b~·L ·e~c~t~-----t-------t-~,......1 _._.1 _____-r_____-t--------t------! TOTALS GRAND TOTAL Frequency Ru.to . ...... __________ _ _ _ _ _ __ �· -- r THE UNION PACIFIC COAL co. WASHINGTON UNION COAL CO. MONTHLY ACCIDENT REPORT l\Ilne ••• •:RC:t l111.ct"··J?o·.;····2··t1ine-········· ; Average No. of Employes ................:........... '.rotal Man Shlf~-~o--····'··········-··l_Q_6_24_ ...... ""a, _!!l .C Employe's Name I I "' ~ ~§ ~z Injury "'~ Q e~ o3::,_, £l "' i:l bo a, 1l f.3in_§ u.i a, 0 ~E-< E-< I I ? •. 'i'alce de I I _r,.., ,.. c,,, "",~; r; r:=-f'I r:,..,.,, , T.;r-i.,., nl; v,r, T'T'l'"_ - - -., 1 f!r p. (:n .,, 1 .; ..,,_ r .. ·--- ... u r ,t:... ..,;,,,,..+ 01') r:=- ".>II r-; i p ~t. ~ ..., "' Fatal <.3 2 q Tt'::i 11 r,f' r.o o 1 10 11 0 r~. Iski;;mki LI. T,'-::. 11 n -f' '-' n ,-. V 7 0 ?Ll. r:=- Uani:; o Ql~em r,i· o Kour i s I Robert 1\Torrj s '?P T.n n~·~ 1A 10 ('\ 23 24 0 C8 ·,:-,-; 9 :; 5) ,,., r, o_, 1 ?~ R 28 3 26 27 (' r f ~- J.,.•.: . John Vfhiles Geo. CosfDJds 9 ~ r,:; :') R ,,..,,.. 1r Ii'c.11 of Coa l i'.,'.: 11 chi 1'7 F ' 1i'.8, 7 1 nf' :-:u~ I Fall o·:" Pers ons T. ],ro·.--i V2.1.718. :ife.11 o f Coa l ?h B Permanent Total Disability A C Permanent Partial Disability D Temporary Total Disability ,o q · rr,..,,,.,..-;"' l'L Month of••••.P..~.9..!.. .. J .~~-~---··············· Actual C~st of Compensation a, 0 Description of Accident I I Form 264 - TOTALS ~ Nurn'b-,r 'Lo..~ 'Jebnc, A.ec\dontt. ..... ... ...9-.........._____ - j 3A GRAND TOTAL Frequency Rato •• 5 6 4, • 8 5 3 ········-·········--·········· - - - Romo.rlcs . .. .... ::.:::-.:..::..:: I �MONTHLY ACCIDENT REPORT Average No. of Employes............ ,...,............. ,.. I Ill .!I: .c 'O .!I: Ql ,.. ~~ Description of Accident tJz Injury I T.7 - ~ P.,rr->ni 1r!:> 1" F;7iq 'O b.o 3 i::i Ql s.. ·;;; § .so. rn ..:i E-< I I •.rotal Man Shlff51·19-···········'······.2.4.952... ;.... Ql Employe's Name -::i'l r-> (' i·. ,~; (' i t:y - eo ~ A '<;! ....::,~0 B~ Ql 0 Ill P::E-< <.3 ? A (l q 1n () 13 0 B Permanent Total Disability A Fatal n?R "J'; .r.,,, l"n ~-n ; ('<:> 1 8-eo. P enman '541 12 3ei... t T.Q,vlor 1"535 Fa llin .--;- Ob .iect Fr-il 7 o•;:- ( '0 2, l .John Fo Orr ')(ll=j i11TP. ,... h ::111 j c r-• J T oo,de r s 7? 7 7. n ·/Im. 1,34 Han d lin.-, l'.1.8,t er-i o.l lG l? 0 18 10 (\ 18 19 0 ' ]9 ?(1 (l I !).(l ?.7 n 31 0 l f"l~. rl e r _s l?. LI. r-; ;:.,'°' 7 7 i n r..- rn,;"' ~ 1- Jl6 Tools in 0 Yi l1 Vl o .Jc,clcs on J40 ForoJci s 1--' e r c y Ga skel 1 ifi.'.°') Ani ma. l s . Ot h e :c H ~ n rl 7 i 11 r.- J:..T::i t P -rj ~J ;45 F a J.7 of Pers on s 30 Geoo W2,rb1.~r to n 1-i O ~ H'::i 7 7 n ·P 'f-_P 7l c•. ()_i'l ".:• ~n Ao T. Cl ark J38 T.o o c: p Co P. l 31 I .J 0 .1=' 0 !") hc,n d s 19 ~, TOTALS (\ - 0 19 GRAND TOTAL N - • • Lost Tbno A,.bh,n'-···-·•J...... ._..,,., ~ .. ,-q • ., , _ _'t. T'I.~-. Frequency Rate. 40 • 0 7 7_ A.c.~'"'""-....,,'t,11,. 'J...2. &u,u,_~t;-. ......... -~ ,..,_" .. Month of........:De.C.o-·-·l-9.29 ......... _.. Actual Cost of Compensation I F. lia.tzis- Ca:-cnahan Form 264 I lUineHarma···'l';fcr·;·····4··-:ti1in-e··············· }'ercv r!!"l s h=~ 11 j Fo A lto. _ - -THE UNION PACIFIC COAL CO. WASHINGTON UNION COAL CO. r C Permanent Partial Disability D Temporary Total Disability �I/.!!!i:::!1;1it!~!!!!~ Average No. of Employes........... .!I: .c ~§ Employe's Name t;3Z I .Tn r.> °)'.;'I ,:, 71 Ll.?c _I,.o__o_ c,r.,, 0.-,.""rm·1a.ci.2 ~R 'ii'l , ri .,,, r, (!. {) rl rlj:i____r:d >'i() -r;r,.,, ..,., r1 1 i Y1 rr- - H i=tn .... v 't1 ~ ., 0 't1 b.o ~-9 ¢) ...,~~ r! n -P_ l - rn~ i e c+. - i- ~::i J . P , ~i !'l 7 ~ "@ _at> .... IQ ~E-< <.3 8 9 0 R Q (\ 8 q () - ~_{) -- B Permanent Total Disability A Fatal ~ ,, 1 I - I ~ TOTALS Nuxnbcr Los t Tune Accldents ..... .. - ......._. . - - .... , ... _"' '""'"~. . ... . ~ ~" -" -c.MI_'_ J:..... ~ 11 GRAND TOTAL Frequency Ru.to •••••3Q..• GO? ir.:t.......... ~- - --- .. "'"""' ..... ·········-········· C Permanent Partial Disability . - I I lUonth of................... Ile.c..._. ....1.929... Actual Cost of Compensation· A UJ..:IE-< T.l ,:, - ... c-, ,......,q l"'\.P ., 0 ' 'i' 1111 '.[_ T,,Tn i"'P ,.., I"'\ ,:\ 1'1 () Injury J:l ~.§ n nJ:? '! "' 1 n "' cd I Description of Accident Form 264 Total Man Shifts .. 31.5.G. .......J... .......25,24,8..... .,... I I MONTHLY ACCIDENT REPORT D Temporary Total Disability � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Workman's Compensation for the year 1929 Part 2 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1929 Subject The topic of the resource Workman's Compensation, 1929 Description An account of the resource These letters and documents are related to the workman's compensation from 1929. They are bound into a book with all documentation from 1920-1929. There are two parts this is the second part. Some of the pages are faded may be hard to read. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource George B Pryde, T.S. Taliaferro Jr., P.J. Quealy, Eugene McAulifte, Edward Bottomly, H.J. Harrington Identifier An unambiguous reference to the resource within a given context 1-0228 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/84b99645bf4ea81b73bae83a91030995.pdf c3a5893b99a0c3253ce76a383c9a574e PDF Text Text Special File No. 184 Workmen's Compensation Individual caeea involving GENTfuU, crut. & COKE COMP/INY IDi �Ap ril 10 , 1936 \ 'J l.lr. :. .. .1.• . lloban , ..:ru.J.J eri.1tt:.ndoo t Central Coal • Coko Comyany Rock ~rin -a, \ omine; Dear !.ir. lioc,:n : Ti.mnk ~OU !'or ;you.i·s of .A,p:d.1 9th m. th COj_JY oi your brie i . I re:.c. the teet1t20ny obtc.ined Jointly pretty "J"oll .:_.. , __ you -.-:ere in ?!U1 office , eo i t il ill not be ncce u a for you to send mf.. a. copy . Youro very truly, I \J A. M. 0. APR 11 1~36 �-----~- J.~~~;.J REC t I V~ t..•.. N·1· LI J. M. BERNARDIN, TRUSTEE :J CENTRAL COAL Be COKE COMPANY AND SUBSI APR l O 1 INTER.OFFICE CORRESPONDENCE OFFICE DATE Rock Springs, Wyo. April 9, 19 36. FILE NO Mr. Geo. B. Pryde, V o P o The Union Pacific Coa l Coo , Roe~ Springs, Uyo. Dear Sir, Attached is co py of my brief in the ~ ve Smith Case. I do not have an extry copy of the evidence taken in is case but uil1 let ~o~ have nzy f ile, if you ca re to s ee it1 Yours truly Superintendent, �:--:oclr ,.;,p:::·inc;oo \.yo • .:~pAil 't O· 1936-. l: 1., o ~; L_:oo r; 01.. , r _rA ~i Jc:."mt t . •;;,i:S:Co Ch.eye- :_co - o 2. _tl t." ,,'..,UJ:"3.Cti to '0v!'~ ·,J .ti.-inc l,or. r:1.. :: t ten r-c}1ort-ti ·c:t ::."C L ( A', • [J.'G GU -rrxy 2~~m,1. ) V ~.1~):SS .:_,!JU'.'..· -· :::.:-:c ~ i,.. • •• , 0 s-·C\:·.,1., 0. - .~t.l ~'"° . . . ., n 'I!.--r\. .n 2f' ...... l,.t~ O ,. ••• 1on t~.:Gt '.:hilc S:Di th ·ic,d r o he;::i•-.iin3 \'70U1d ~1·obubly ·:·•iml,ili t y ~ if e:.n~t s:i ,:m.o C r, ,;::-~, ra conp·i ct e:d O J. • ~ .,, .., _ ~1_...,_ ...,_.., ,;o:....e :f~lc•' u~d !'2_0 r;H:l:"O cta2.lcd -h~.t ,;;·s :::·1-·:!.ly ''"'G.lizctl 1;ho m~·tetTt of tho dl;J.... r, l,u ·1 ' ~ • 111-__.) ::.t, 'i;";.C., : • ..,;:: ch.., ::::;~ ·c(.': \ -1 .- --- '-" n : :c,A' e1 P Juot:!.y .'f \U • - ., . ,.. 300 .. ,.,-.,; • " •• L.,i. ... _ lS:So o ,J ir;;ch::..re, ,.:;tl o.i d a.1oo c:in.l -,_?·, • c~::. he C.1"21 2-~ ~ (_~ d o::wt tut i.7QL not a:..lcn,.::<.1 to ':.. 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JL'. ..~;:i "' i.1 :1,~~.\l j o# i~7 .:- "(.::£ r:;c; •.. ono -c,h:::b L, ::i::,-:;1:L-:.J: •• .CCt)x>ue6 tiy ~o i '<!}'Ctl :l.:ri t!:c., CuV. t'.'se • 1.~i;··U·{; o \·.·.1 ~en 110 1D '·',;: 'Cl. :-: ll1.1 i tH1 ~ll'A ur-cH:J. cZ:- to uo-i., :, f 0~~ :. rijt = ic ic; c :J~L.>::.. ~~,,ol~V -,7i t .. 1 1: _ OCLl '.JOl /.!..' ·c· 0 of . . ,·,-• 9 <\, 4 If. ~-:.~1~" c. . ~(;l ..1(½0 s~ :::h~ :t:::,r~:.. ~j~) (; ~::fdt..:-;i-a:~1~.i. t: fA i '>~:~t 1:Jtct i t ~c ·ire·ot :)l,2cl .,u..IJOe ,r._:, f ,~ \''itcn"o ~1.:g.:10 foi~ ~"'j it:1 i;:) ,·. nrk i~1 tnn Y2 i?AC'i> \"7:: n ~- ~ 1 ifJ r.1~ !~~ l ;,l (~ltl:_; . . . Y:G lD ire to nuntnin ·:·i e ,CJJ,<.. :. • in t h i o ce:.00 a �THOMAS SEOOOH TAI.IAPERRO, I.IR ~ ATTORNEY ANO COUNSELOR AT LAW ROCK SPRINGS,WYOMING March 27th 7 1936. l'Ir. T. J. O'Brien t[r. Eugene t!clmliffe l'lr. Georg e B. Pryde Mr. J.M. Bernardin Gentlenen: On the 26th of !12.rch, 19 6, the District Court of' Sueet.wter County awarded Stev~. Smith, an employee of the C~lL!~~,.?1 Coal and Coke _C_oilp~ny, 0800.0b, on account of an alleged clcdm of loss·-or -nesrlng; · be.cause of Rn alleged injury, which he recel ved in the evJploy of the Central Coal ~.nd Coke Company. I listened to th0 testimony of the workm z.n, and to the testimony of Doctors Lauzer and 't'anm~r , and coul d d:i.scover but little, if any, defect in his hearing. The fact of the matter is he could he~r what ~ms said to him better than I could heer the questions. Bllt this is not the issue. The 1!ice-Presiclent of Dis.trict No. 2~ testified, un '.'.er h:i s o.sth, ns follor7s: By rir . Galicich, County and. Prosecuting Attorney:. nq . T'.ien to 1:Ji :. c::> f11 Tiould be dangerous to him? A. Absolutely. 11 0 I think :It. 1~ my iiut:- -t:o call the atten.tion of the coal operato-..'s of the Sc,uthern ~omin_g field to this cas·e.. I do not believe that there are any grounds upon \·,h1ch the judgment of the Court can be reversed, chieny because of the attitude of the Supreme Court of myoming in recent cases brought before it. What occurs to me is this, by granting ~800 .. 00 to this ~orkman on account of his clairn thet his he~ring has been affected f;rom the slight injury rnich he- received, the court must have found that . the testimony of Vice-President Albert Roberts u2s true, and Albert Roberts• testimony is nABSOLUTELYn Steve Smith is a dangerous man to be .e mployed in the. mine. I hope I am not going beyond my sphere as an .attorney, but I think that I' would be a poor legal representative i:r this s:ttuation v,,ere not called to the attention of the head officials of' the operators. Yours truly, TST:ga ~~~ A. M. 0. MAR 30 1936 �/ . r 'l::>'I 1., "' • ! '• :;_:,: - , . Ro ck ·springs S. Eocn.."'l . Tor.:L e; :1 c si. g ood deal of merit in -rrh2:2i you state, • ·" m .. • au ,:ioon a c ·Gl!ese melt! c n unde:rstanu that uhen they are ' >r 1,r\h r , ~ h • t1f- e. ~ Gt,ORlir.: ti, p VDf A. M. 0. FEB 281936 �COPY F0bru r ry 2Bth, 19 36 Compensation Case Held Up by Dispute . ~\~ r .. R. P . Hog nn, Superint endE:.,,t The compensation case of Steve 1 Smith, an employe of the Central ' Coal & Coke company, was taken under advisement yesterday by . , Judge V. J. Tidball. I RE: S t GVO 8r,::i th,. i n ;tu1 emnJ Smith was injured on March 29, Der Sir~ ----------------=i:.. - ---a=-i.~..,.;;...;a;._-=~'.:.:; · 1935, while sanding a rail. A piece of rock fell from the roof and hit t'l ,) 11:i.·m,-, you v •) ,"i~ -i'lJ.''-'.'i o n 1-. v 'n "" ,..,,<:1 90 9CI I"\ '... th (' cl' , him on the head, injuring his ear. ,., , .n _ • v~ - '-'-::.:, - c-' ;: - -- ":;- -· u u• •• '-'-"~ ~ • ;" "• ·- • The company disputes whether .:::!:U. tn.Sl ea .1 1 y ee O J.. ;_,_ C ?!.~ t "8}. Co r:l N1Q CC;{ ~· Comr,~n~ the injury would have any cause for you:r consi de_ c1ti on t h e t est imony of 1\J.b9r·t Rob e] or ~esult in the loss of he!l;rin&" _by ., ~ ,1,. " n·• .,. · •, n• ,;., Smith an4-J:he amount of disability P!'G S .1. :1.enu 0 1 .l.S 1, rl.c1,. .LI Oo : , • caused. _ .f;,_, _ · fv ,.,./ :j(_,, . 1 Centr. l Co: l end Coke Co~p2ny Ci ty V ea c:~ 1tn -.'-• 1"'/'.><:," ... o!-h F'l -o··}l"-'"''"' tr' 0 1' :"' ,},r,,e""1•i'lO""Y I 1 1 st 0 "' 0 N ~-,-7 .::.h o·• t..4 c1" l.~ t., 0 ...,J.!.Jt J...l J) and tho t ~stL.ony o f 11- s t v:o surg eons ~ ;.2u zcr .-=ind r<·,nn cr, i'ho cons i d e1°ed Smith S ?. io sly 65. S"bl ed , no t.\"'l th t 2ndin r.~ th e ' f .~ ct th Pt t ' -~ ~,l.\:)~ ' -k- fJ _ ;i. .l u ._. - ~ V - ·~ _ i. .l .;;J . • . l, J. \4 \;t CJ•..1-4.:,..;. co•ld discover. bu t ~. i t .l G dcr f r1es s cm hi 2 _., rt . All through the giving o f t : _B t e st:!, □ o ny by the •;-orh-:n 21'l5' L m,2 0:r, " ~d "''~m1"3I'p it see:nr.::d to rn._, th~t t h 0 y tin the Coux1t y P. ttornoy ire·ce m-ixious to sho,·· th - t Coi th h ,?. s onl y f i f ty pe1~ c ent re1:12inin6 of his physi cBl 1.Porth. Then Ll b crt Roberts 'l":'E: s pl ~;ced 1.rn.on "th e st8nd,. ~nrl as Vice-Presi1~0nt of t hG l:2ion, he " ' ' S e slrna : l\. L",b sol utely. 1 Thore i s s definl te pl on ~nd JJU!'n os0 9 ,~orked u p by the r•~pr•0 ~ent ri tiv0s o f t h e"-'G ~..,·ortm0n, to GXE'-gg erf1t0 nnd megnify evP.ry h -i jury so thr-t the - co"';"pcms~tion r-wf'Tds c2n b e mt"gnified. st c..XJ tlS,7 occu r~ed to Be, It hris con- I h ove fr ecme;:1tly ex,rossed my thonght, the= t th0 op ere tors might consider t aking such ::iction vd.th cr:111loye9s , ri ,1d r'ho clr·im thr:t they ?.rG nracticnlly injured so s~riously PS to be unfit for ,;cork, 1:- S ·c:ill :::igree ~:.1th these employ0 1is, ~nd thGir res~onsible re~r8s ent~tives. In the Smith c~se, the Vice-Presi dent of District Ho. <'T, .!Ube rt Roberts, clr-irns th;- t Stsve eTiith is ~1drngerous " :ln th<? Sf.'!rvice . Suypo se tl ~e c sntrP-1 Co::-1 P.nd Coke Conp:::ny., rnd o ther op ~-!'.ri tcrs 2cc-e"t ,'?d thGse stFt{::nGnts nt their fpce vrilue? If Steve Smith is "df'n~erou~Y1 to th0 o-per~tions of the co r:il mine, Pnd the Vic e-Pre5ident of District !Jo. fP , under onth, says he -is, ,_,.h y keep him in th? s0.!'v.icc? r.~y t'!'.:.ou~~h·t is th~t if 2 n feintn v.1e1.. e t:J!>de in this direction., th~se l ""bor J e,~flG:rs • ··ould be a littl e c::iroful befo!"e they ,:,oul d m~gn ify trifling injuri..-,s'· 1 into !Dountai ns . At the triPl of ·thi s c~se, I noticed thrt Smith could he~r n.bont eH, .... ell es any of the lc1•::ye:rs or ,:1.tnesses. Yours truly, TST:ge • A M. O. CC-George B. pryd~B 281936 r Pu ' ~ ;_ • 1i - . .:,·· r> '. t 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 Workman's Compensation Central Coal and Coke Company 1936 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1936 Subject The topic of the resource Workman's Compensation, Central Coal Company, Coke Company, 1936 Description An account of the resource Letters discussing workman's compensation involving the Central Coal and Coke Company in 1936. The papers are held together by a brass pin. Some pages are faded may be hard to read. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource George B. Pryde, T.S. Taliaferro Jr. Identifier An unambiguous reference to the resource within a given context 1-0229 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/c1e3559f250625c48b7aefeafae7c386.pdf 9f8f6f8ed9051e45c7e9406727f947ee PDF Text Text Special Fil No. 184 WORIGfim'S COMPENSATION Individual Cases involving Lion Coal Corporation 1933 - �Rock Springs - Ma.rch 11, 1938 L!r . E 0 0110 .:cAuliff0 : I t cil ked to •If'. R. Y. Gibson t oday r eg,.:ir ding t he letter you m~ote him nith r ef e.~ence to t he Lion Coal Corporation~ ·i ving up it s membership i n t he Sout h er n Wyor:ung Coal Oper a.t o1~s ' As s ociation. Lr . ._,,i bson advises r.~e t hc.t he dis cussed thi s ~iatter \'1i·th 1:r . ~:v.r riner Brenni ng uhile i n Ogden ·this \'le ek , am lf,r. Br owning adv ises th -'i; his compo.ny did not contempl ate d oing this, neither uer e they cons i deri ng t l1e cutt in of f o:? Er . Talia f er ro ' s r emuner ation. 1.~· . Br or:ni1g to ld n- . Gioso1 -~lY t he u ns v e ry much s ur prised fo hear of it, s o :..:r . Foulger evidently did not consult nith I-Sr. B1~owning befo:ce :UJ,kin;; t he s t :rtouent. ' ->u nay h c.ve d i s cussed thi s rnatt er r, ith I.'.1~ . F oul ger while he rio. s i n J :1eyenne thi s neek , but I t aougi1t you uould like to have thi s inform~tion. Or i ginal Sir;ned: George B. Pryde ORIGINAL ON ~11.E .2...' --l - -...a N0, .. �Rock Spring s . . . March 7, 1938 ,)" , .i.}u -ene ~lcAul iffe : Lr . R. Y. Gibs on, Pres id ent of the Lio n Coa l Corpor ation, call ed rJe yest er day , s t t-.fGi_g he ha d re c eived y o ur l eJGter re- ern ~'lyo .. ing Co a l Oper at :::irs ' J ssoci;;.t i on. • He o. dvi sed me h e ua s g oi 11G t o 00 d e n l a s·i; ni 5ht to t e r egul..r fr ct or s ' r.i.e et i ng, a nd h0 1.rn s not i n f nv or of .:.r . Foul zer ' s pr opos a l. He s t ated this \'/Us di scussed nt the l u.s -1: Dir e ctors ' 1:1r:!eti ng, .;ind t \wt he advised, 1.' H h re 0 • ~d t o ·.r . T't.1linferro, i ns t end of dis continuing the il:J.01,thly coup en sati::m , t h~,~~ t'.'wy shou::.d r ai e 1r . 'l'ali afe rro's r er;.mner u.t i on. iie s t uted -t h::r~, c:s s oon a s h e co nferr ed with the dire ctors r egurding this, he s:1ould urite you re gar ding the e,:rtire r.n t t er. Georg o B. Pryde CC to I.:r. Ecll.uliffe c/ o I.'ir • J. U. Lo oruis Cheyenne �f< ECEIVED '- APR 8 1936 GENERAL MMtf.\GER l'l A. M. 0. APR 8 1936 -:- · . .,, , ~ p Q __. Q :r , ·, ~, ,t ._... ..~ . , :.._ ,; . . '9 _. T•• •':t • "i I - ., ( -::.·. . .:. •·r ·"'-l .'•!.~o ~~ .. ~-:-.. . •. ..) t. 1~,tl • .> .. -~; ~: .1. '. ,... - ; .::.. -~ ,r.;_,. , ·~~ -', : -..; : ..... ~! i "'• : \)_. }i ~ ·- :." ?...., ...._ , ; , . . :. - ·) t ~· ... ",..-.,. ~.7• ~ ~~j ~•.· f~·- i'·: ,,., ::I~.I ;~ l1 ... i~ -~.-.. ·· ~f·,.,....... . ••.r~~•: - ·. -a"-, r; i:;_, •. 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T ~ -~':} r: r;,i_ ~~rt - , - •°:~-!j~ ·: ~! ~!'1 ~ -~·t...f'i;,_~ r -._1 {:\~·" ., ~!f.... s .,. .,~ ·"t • .... ~ _. ~,.. ~ •· ,•l ' . ,; ,ea. 1~ 9, c) ""1' '1';, ,. , !:' ~\!''! .~ •~"'_.--.°'~~-- c-;,a. -,~--- ~ "'.:.. ~-~ , ~1 •.....- • ~7 !2 .._j, ~ :": --~!- r.;.. 0 e.> t !~.. ''t~ ~l : </'-_,. !_..-,., <?! ~.~! . cn~P ... ,- ~-,., . () ....??_: ~r-"~·-- ~ -i~-~ ·to · ~(➔ ~ ( r r, .. "' <0!'1 .,-... , •it• ~ " ') ,:..t. ; ~ ,..,: ..~; ?.}·: .. . · '1 -· ;... J .• ..... ~ ,, ..,~ . ,. .. ' .... -i ~•· l . ' ' · .. ....... l ~ :- n-· �.:• ..~ ~ ::. "~t • -4,:r:h r:·:?:1. -;~71. : .. 2~.. . ::-:~.: !1.; ~ ! ) ::: ~ . " \. ; :., :: Ji. ~-~ t ' ., ~ V · l<r"l .. . . : ) 9" ~>.;. '""?.: t: ( .• . ' t ' '!'· ';, (: •,: :f.1 I ·:-: -]. r-.,--:·; .~ : -:\ <..1- , l_.,' : I"~.. ... :: {_j~~ ..!~P•• ,~ ~. ~.,. , J- :-- CC-Geo. B ~f-:':' �Oct ober 24p 1935 Mr o T <> So Ta.liaf erro O Jr o , A tto:rne r Rock s :r/ r·inGr, ~ Wyo.1 ing . Levkulichi> an em:9loye of tho Li ?l Coe,J. Company c I found t h is ~Gcsti:rn.on,y very interesting and h_ave h~d a copy m~dG· f or oir fi10 s n -v- ery muc.n for passi:ng i t to mo'-' ThPnk you ~his shous the trodn of ·nna t som.e people c.,r0 tryin0 to do and r1hich YJill probz.:..bly get \7 0rse before gettinG bettero Yours truly, �;r✓ "he :.1 ta te of Uyorning ) : ss. Co unty of .. tJGl et'i.'Ja ter ) I ~7 ?H.E DI S'.i.'RICT COUF.T In the ' atter o:f the Claim -.ofriASIL L.::;VJ:iULI CH , en_ l oye e of the Lion Coal Com1.Jany, Im . 8215. '!!lad e under the \7o rhraen 's Compensation Lan. xce:t>pts i'roo 'i'ranscript ~ • roceedings -o- Green River, Wyoming, October 2nd, 1935. �J . G. \'/P...NlmR a \,i tnes0 c2.lled herein on behalf of the claimant, being first duly m-:orn acco:i:ding to lat1, on his oath tesiifiecl as i'ollot1s: Dh: ect- o:m:,mination bv Jr. Oalicich: State your uu1 O o please. J. G. V • 'J anner . 'llihere do you re si d e? Rocle S rings, ~-iyomin . ";hat is your busineGe or '..IX'o fession? l;i_b ye;ician and s urgeon. Ho t1 lon g have you be en a 1/hysician and surgGon'? About seventeen ye~rs. Roti l ong in 1:;yomin,s? 1?ifteen y e ars . You are of the regular school of I!ledicinc'? Yes ~ sir. Do you lmotJ the inju:red \.'.JOl'kman, rlasil Levkulich? Yes, si . Q, . Have you 0ver attended. or cx8!!lined the man in your prof1assio n o.l capacity'? Yes, I have e:xamin ed. him oevers.l times. fJhen did you first examine him'? I examined him first - - I couldn't tell you the e:xact elate, but it uaa in the .h o spi to.l shortly after his injury. Do you Imo~ ~here he ~as injured? Do you □ eon the place? .... • . Yes I uncierstood he \"Jas injured in one of the mi.nee in ·which he A• as employed·, "t7hile at hia duties. Could you tell ue the month ana. the year oi' that first examination? I don't believe I coulo. \-;i t.hout referring to my office ::records. Do you huve them with you'? I don!t ru:a.ve the records of the first e:x6Dlina.tion, but I have some record~ of the reyorts made since tbat time. THE COtniT: He was inJured, Doct.or, according; to · the report of the employee, on the 16th of October, 1931. �2 A. (Continuing) oz- 19th of I saw hia aypro.xi□a tely possibly on the ll3th tl1G1t smue month. Y ou made an e:xamina tion of him at that time? Yeso I examined him. I exemincd one of his eaxs, on thc3 injured side, because he hsct been ruiving some bleeding, and Doctor Sanuer :o c a lled me in to see him. I believe he -:m.s ~upposed to .tw.ve been dizzy. Ile ,;rn1.·e trying to locate the solll'ce oi' his injury at that time. I also e.Jramined some Jc-ray picture.:, of hi . rro~ , t1ill you plGv.oe st~ te to the Court Tiha. t you found as a result of t.ba t e1m:::iin 2 tion'.:: l ~t that eJ>:emin &tion, the eax d:ru'1l ha d evidently been :ru1.>tured, anei there ,.;as Bo me bloody serum eho ning over that site &t that e:rrnmin a tion. The :\-ro:,' pictures -- I v.ru.sn 1'.t able to see in them a~y definite fx·acture tbat \i7ould irHiica te a skull f'rscture. Thee man nns z1eulc and uppeared <H.zzy '..hen 'he stood up, and no further a,rnmination \'JUG made bJr me ~ t that ti.De. He rm.s sent in latex to me for a check-up o:f his hearing and vision. r:ihen n o.s that', ?.ant 1., &s n:obably about a month ei'ter the time he was in the ho ;;;J_jl tc.l. Q• ; .n . ;.That di d you fi~1d n.t thct ti □e'? At that ti.me the mun compl a ined of lowered vision -- veey poor vision -- r..nd he had muny other oymptoms of ciizzin<?ss ancl pain in his head. Ue eompla.ined of not being able to hear on the oue :sicie. :r;:y rummination at that time cii<i not ci sclo sc very much to account for all of' those symptoms. I ex.:::minecl him repeatedly, 1 uould say many times, afte~ that. Some of tho ...,e e:xa!:lination □ -uer·e not mt:de as a matter of recoru, but they vere made os casual office e.xaminat!lons, eind then I r:1a.de an exa:nination or two after that, \1hen J: believe the cool company sent him, or through Doctors Luuzer and Sauaers, and then I aade regular reports of' those e:camina tions. But his sympto!!ls during those v eriods never 01~ew1e<.i to dovetail with the physical findings. !'). • 1.. 7lhen did you last examine this man? Ila:; I ref er to my records here? Yee. I cannot tell you the exact date, but i t wa13 in SeptGt1.b,~r of 1~33, eccoroing to my last records, before he was sent to Denver. \7h&t diu you find at that time? I was unable to find any physical evidence to support the man's aymptoms at any time. I considered that either the man was ma.lingerinta 01:· tba t he had some ayl!lptoua or some �3 r objective si gns Dhich I could not correlate uith the things he complained of. I suggested to someone -- I don ' t kn0\'1 r1hether it vms the Court or t.rho it was -- at that time \that the raar.1 be sent f or a complete neurological. i.md. serological e,rneina tion, a nu oelected three or four men in .Denver to do thi~ wh o had not l)reviously e:xl':u_1ined the man. Ji.s I recall, he had been examined in .Jalt Lake a nd had been :pronounc1:-d a maling e:cer, but, t o gi ve the men the benefit of the doubt, we t.,;elect ed t wo ou t s t anding men in Denver. But you asked me what I found. Th e man alnay a co::n lained that he could not see. 'm a t rN2.s hi s main compla int. He al.so compluined that he n a s dizzy, und he had .f) ainc in his head, &mi he coulti not hear r..·ith one ear. In nzy tests of his visio n , I 'Ga1s never e bl-e a t .my time to e et, him to co-opexa t,e sui'ficiently to fin a out. r.ih e tlier h e could see or not. lie r:.iould I'(ilfuee to read uny kind of' a cha:rt. \1h eth e:r the cha :rt b e h eld up fa1en ty feet fr-o m hi m oz- z11le the r i t ,•;a 1:1 held up in f ront of his face, he s .id he coul dn 't see anythin g . &lthough he v1as a ble to get a.round fairly sntisfuctortly. Q• 1: • Did you ever see him a fter that examination in 1933'i' I'm sorry, b ut I don't have my of fice record a YJi th me, ar~d I don't lrno\, whe the r I did er not. At least, I don't believe I . adc uny ;reports on him c.1 f ter that time. Did you ev er G~e him ..-;hen he ';'"Ja S not at your o f fice -- that .. is, see hi u ca Gually? I believe I h~ve seen hin on the s t:t'ee t, yes. 3 ov1, I v1ill ask you to state, f1•om your ex@Jlination of the norkraau -- did you find uny l ermauen t physica l cii sabili ty, or tlid yotJ. find an y -- J,.. (Inte:rposinc;} I ·.-;ould like to have tha.t queetio,1 1JUt a little differently, if poseible1. so that I may ani3Wer i t more intelligently. Do you mean, did I find 0ny o oj ecti ve signs. signs th&t I could see, of :physical disabilicy? Yes, objective symptoms. :.~·e speak o-f objective signs as something we can see, an<i oubjective as t:aomething that the. patient feels. .1. have never been i:.ble to find any o 'aj ecti ve signs at all to ~<:count for his alleg ed trouble oz- sympt.oms. Hou, in your opinion, do you believe tba.t there are ~ubjecti ve symptoms or that there i o some thing wrong ui th the man centally? Yes, I have =formed a definite opinion in that regard thl:'ough this period of time in uhich I had observed him ~ml in ,rea<iinc;:, the re.voi·ta of the specialists t1r..o have examined hio, und I have fo1med a defi.ni te opinion as to what I think his trouble is. Q,. A. ·7hat is that opinion? lly opinion ie that he baa a condition kno m as po at-trrm.matic �neurosis, .or peychosis. I believe the man believes iu his ovn :aiud tha t these thin gs ure \7Xong with him. At first I wae inclined to believe, lille the other men, that the man m1s e.n out-imd-out malin ere1·, but I am convinced now that h e i s not. I b elieve, if j;·ou t.:ant to so call it, that it ia a luild fo xu1 of insuni ty. (~ 0 A. In y our orlinion p is t b.i s men tal condition due to the injuri0 s \'ihich he sustained in October, 1~31'? In my personal opinion, it cou ld b e .._J o □ oible. l!R . TiJ..IJ\T!' •!U't) : I object to the ansuer aud. move that i t be st1·icken out. He aoked .bi n , in his opinion, did he consider his menta l conditio n no-.n ihe :recul t o:f the acci~dent, a nd no\Y he seys , 'Im my p erBona l 01;inion, I think i t might be posnible 11 • 'i'hc;t is eimyJly 2, bu eoe. THE COURT: fmer it. TIE ~.IT.!1. ~8B : :r~eybe t hat is as dofini tely o.s he can ,m- I mi~ht qua.lify :that. if the Cou~t wishes, on thi s ba sio -- tho.t these cases ~r<: colilpar a ti vely 2.·are, and much of our o ijinion i£ formed on the nast record of simf.laJ.· cases the t ·ne- hrive 1:'end nbou t or he,ve- seen come up before o ti-el"' c-ourts of a similar nu ture. .TJ:y findings are based vrinci ll=ll y u pon "the interpi:etution of the reports of the other r3p e ci elists r1ho have 0xaoined ·this man. ~ •• '.i"'ilLiiJ?l3lill{}: I object to his basing his opinion upon re1-,ort0 of other c1 ecialiists that .h ave e~ai::1ined hin. This iD not a hypothetical question. 11 THE COURT: I think I uill let the nnetJer stanci. Does this l_:;ost-traumatic neurosis cii~mble this man from performing ~ork at u ~ainful occupation? As long as it exists, yes. I will ask you to state whether or not, irl your 01,)inion 11 the :post-truumatic neurosis condition that you found to be present in connection with. this .case, or this pa:rticulalt' r.orkman, tlasil Levkulich, is permanent or merely temponal'y. I a!J unable to answer that de:f'ini tely, but, to quote again from the a.uthori ties on similar cases, I would say that many times in such cases ae thia, when o.ny kind oi' a settlement ba.s been made, either :f'or the patient or agclnst him, the neurosis \7111 sometimes clear up \'Jhen the patient's ~ind has been as.ti sf'ied that the case has been settled. Doctor, o.re you a me!!lber of the Sueett?.ater County luna.c:r A. co?mlisaion'? Yes, sir. �5 Q, . 1~ . ,::. J\. \:,'ha t wo uld you s ey as to · the mentality of_ this r10:rk?llan? Is :i. t nor3.lal o above normol or oeloti normal? ;Jot kno,;1in the man before his present comiition. I ·would not b e ble to say definitely. but I would probably _c la1ssify him us beine EcHneY1ha. t belovJ normal. Tl' rom your e:x&nlinri. t:l. on- of t.hi0 man. I Joctor, do you +rno1:1 <iefini tely ~ o GVeb DiJi/l1u:cmb. telyp v1hen this 1iost-t:raumatic n eUl'i)oi s !,-:~s c.ievelo9e d. o:r v,hen it 1:>0ca:.n e present :in the man to such an e.x tent t hat he coul d not. perfo l:'m work at a gnin- ful occupa tion? I unders tami t he i!la"1 'i ~ .. 'i.'PLI AFE£EQ : I obj ~ct to v:ta t he uuderst..::.nds, j~f Y,:iui· IIorwr • leas e, ~ . ~A. You Glean, since the i njury? Since the in.jury . It ·i f!! rny opinion that the tl'e.uma tic neurosis took place immedit: tely follo,,;:irlfl; iti. ~ i njuz·y. 1· .M1 vm.:2 pnrnent Et ~:• e1) te:.:1ber , 1 ~.:i~'l ', 1. . Yes, dr. Cl " .A . :.· A. q, . h• the da te of your ln.st ex£imination in Could yo·tA state :i:'ro11 your casual observation of this e:1an after that tiue ~7nether t hti t condition still e~isted at the time y ou sa1.1 him, and, if so, clllProxioa tely nllat time o~ date thu i tm:a? The only v;uy I could answe.:l~ that ie t hat the l,:l. st time :i: peroonu.11y em7 him ~nd e:xamined him, it existeci, and in tulking to ne~oers of hie fomil~,r anu othel's, the condition ,;mo a_ppurentzy the laal!le \!Ihen I would inquire about him .. In o t.her r:ord.s, you ke.;.lt in close touch v>' i th this case since it:3 inception to the 1u:·eeent time, is ·that coxrecf~'? I'airly close, throU£,h &eking about his welfare from hi 1;J other c.octor.i:l ..and his wife a nd one 01' tt10 of his clrl.ldren thut I ht1ve seen. I \-;ill ask you to state, to ascertain an!. to :realize that this traum.utic neurosis condition ex.ists -- can that be found upon one c.xamination of u werk~n or does that require t . continuous otudy of the case? There are certain caaes of traumutic neurosis which are dcconstrated by actual plzyaical findinge, such as x-ray pictures, and there ure some that ue are not abl e to demon1strate ~nci yet ue knoY1 they exiat. Q. • A. In ,·1 l1ich clasa \"1ould this one be? I believe thi a ie a case in which r10 physical eviaence oan be sllo m in· the w,zy of :x-rays or test£J to aupport his syrap- tomu. �6 I \7111 u:-.3k you, t hen , in :a case like this, referring to this pu1'ticuL:,:r· car.3e of thio ~n , Yiasil .Levkulich, could soce A. doc to1·, by eiw.;uining him only one -;;, determine whether o:: not 11c ·,•mo cu.ff'exine; fron truum .... tic neurosi'3 or ',".'OU.ld it require an ooservation ov"3r u period of tiine? I ~cl ieve it P nUlti ~> c nc~essnry to obse1-ve tu1Y type of rieu1·00i s or ;p:syeho ...is to determine -..,hetl1er it mm present and to tf.r10. 't , egree. Do ctor, i7hen did you i'oxm an opinion that the ,·;orlunan OJ? clo.i..unt h exe i'i"as suffering fro m iI"a~tic neurosis'? \'7.llen o1id I form that. op inion? Y~:.;, ohen uid you for:n ths. t o:vinion't I believe 1 forr..1ed th .... t opinion af ter the man vm.s e:xamined. in Den-v~r Hc, t until afte1· he \7!1S e:i~aruined in D~nvei~ did. you form rtha t l • Q, . opinion'? Yes , sir . Did you .foi--w thnt opuuon. a s you have stated, from the re- . ports t h &:. t r.7erc received frm~ these specialists in Denvt?r and "" ~lt Luke? 'f'.tle re .o:rts , ou ld indicute th;;; t the rn.2,n ciid not h ave a traumatic neu.ro sis . .And. you formed t:t.nt opinion after you had read these re1>or·ts'? Ye:.-i, ;:;ir. So that you didn' c; f o:rrr; your o pinion us to the physical anri mental condition of thle claimant from ,•;hat these other Buro eons huve ai..ici.'? I vms i.i.ble to separ~te the \1heet from the chaff, so to speak, ~nd from 'the highlights of their findings, these com- 11lete re~orts, I \7aO o.ble to sift down and correlate th,~1, and I formed my opinion from that source rather than from uhat t~e dcctorz : opinionJ were of the case. You testified at onG time tha·t you arrived at th&t cooclucion c.:.s to the cond.i tion of this \'70 rlQila.n from -r1ha t the 1sl,)ecialists had said about him, wmt tt.ey re.f)Orteu,' I did. You lirrived at it from uhat they said? Yc:z, cir. q, . .Anc. it was, then, thet you read between the lines t.. nc ci<,termined that so!Ile o! the thin8e that they 2~id uere chaff and o th.er things tho.t they said uere \Jheo.t'? �7 .~ mi that is the Y:Jay you hcnre arrived at your llreaer1t con- clu;;;ion? liot c~ti.rely. It i s e1.ls o from tclking into consic!e::ration my past det{lin&c pe.rGouully \.vi th the patient and ey e:,rnmination s of hi, 1 on Lr ny occ~rnions. ('J • A. Du. t you haven't e.xs.'.'!1inecl .hi5 since he returne<i from Denver and Galt ::-~alee, e::ce \ t. t o see hin on the stx·eet? Ac c ordinc to 1zy reco::rd-.:. , I do n't believe I h&ve exr.::ruineci him. Q, . I say, you ha:v011 ' t exG.ri1in ed l.im $ i t ce you sent hir.1 to Dnn- A. ve:r? Ee :has lJt=.rnri Din.'.!e. -:.h~t, ye r,, . He ·,10nt to 1Iayoi.:, 1 r3inco then. Q. . tave you. eJrnmined. him s ince he ,.,;,ent to liayos''? A. Xio , slr . ~· /_ . i ~- 'l'hen wh!l.t i s the U;.ae o:: b ringing in t n.at :Jayo btrnineae<~ asking u ircct que2tiona. ! 'm Yes, t: i:r:. xict: , the faet of the r.:1ut tc:r is, :Docto r, in Sevter:iber, 1~)33, :,:ou nc.cc a statcnent , did you. over your ovm si 0 nature, r,ith :Doctor Lauze!' and :Loctor Sanders, t hnt you were m1c:.ble ito t ell tluit thi e ma~1 ,;-;ns suffering from any yhysical or- raental condition. nnu l'(;comnendcci that he be sent to other spe,:iali sts? don't i·enaober i:1Y report ·.,i thout seeing it. A. I q, . I'll dlo,·1 it to you (handing pr.Je x to witnees). See ii' yo u recognize tlli,3. See if you recollect i·t. I hand you a copy of a. lettel', und see ii' you c~m identify that as being a letter t:tat you Y,rote. ·The originul, of course, is in J)enver. Yes, sir. A. q, . A. You wrote tha t letter, did you? Yee, sir. Q, . .P.. .A.nci the c!a te of it? Q,. You haven't e,;:amined this man ::. ince then, hu.ve you? I don't believe I have. 1~. q, . A. 8€':z~ tember 11th, 1933. Thnt i1: \':hat you have testified to. I don't recall any. On Septenber 11th, 1933, you addressed & letter to I;octc•r Pronklin G. Ebaugh, 4200 Ea3t liinth .1ivenue, Denver, Col<>rndo? Yes, f:::ir. �B - q. lfow, before s oing furthez- ililto that letter, I u,ill ask you i f you x·ecollect j oiiliug in \Ji th octo1~ Lauzer anc:l Doctor .4. . Yee, s il.". Q. I n t ha t letter, you ata ted l>;anc~ers in c:i l e tter to l'11·. R . Y. Gibson on I-larch 22nd, 1933 . r- 7 :. . G-~ I CI CH : If the Court pleaseo i f they a1·e going to quote fro n the letter, r.:iby not offer it in evidence? The letters ~:tre t h e best evi cl ence, and ~e v;ould like to see the letters. 1 • 'i • Tl\L! t.:S'.:;HRO : I ~11 intzoduce themp i f you rmnt t'.le to, after they are identified. :-;t . Gt.LICICH: Bu t you \1ere u.0king wha t r1 c'!: 0 weren't identifying it. ... if~ in it. You . TiJ..! AFRP.RO : no you van t to Ge e it uovf? ~ R. G/IJ~I er CH: bly oave ti me. \7 e -r.;ould like to uee it. \fi e can !)013Si- ~R . Tt~I AFERRO: I think ~e can save time if you Tiill lei o e cr oos-exa::nine hin a s to his recollection of the records. ( \7he~eupono a paper tm s ma rked for identification ns .<.:JXl.rl bi t A) • .ur.:rployer' 8 I.:IR . T.1'J.,I twi'ERF'O: I 'l.'lould like this letter to be acin1it- ted in evidence, if Your lionor please. LIB . GALICICH : Q. . l'1o olljection. In this letter oi' I'iarc.h 22nd, 1~33~ marked bmployer's ~chibi t A. the folloi-1ing appears -we excmined him very carefully and could find no <~vidence •O f any permanent disability ~s a result of the accident,. unless his present mental stnte ie the r,irnult of the injury to the bead. This cannot be verified by 0 x-ray or any o th.er means &t our command. 11 • .Anu that is aik,ned by L~uzer, Sanders and \'tanner. How, 1.·,·h'1t other means, since thia workr:ian was e:xamine;d by these Dunver surgeons, has been developed by \7.hich you coulci i'ind ou1t personally. youroelf', about thi ff/ You budn 't examined him, you stated? A. llo, sir. q, . \;1lat I am getting at, Doctor, is \'"".Jiat you read in the r,,_ ports of' these surgeons. That v1aa the only other mem1a you had, im 't thut true? �9 ~i'o • tha:t is not tJ·uc, in ray. sense of the interpretation of 1t, as to what other means I had. I rely upon my authorities in medicine, possibly like an attorney relies on hi.s 2-utbori t.ie;J i n legal nutters -- his books -- ond my opinion has been r:10lc.ied dux-ing that time by my pa.st obsel'vation o:f this p~tient pluG the reports \:ihich ue have received since. Plus t he reports? Yes, sil·. Q, . A. In other \'";ords, you have chan~ed your oz1n o Jinion of the matter ui thout uny founo ntion ,1ha tsoever ue to examination, except the reports of these Denver surgeons? Yeo, sir. And that is the -r.1ay that you have chunged your opinion.;. I have changed my opinion by n correlation of ray past e;mminu tions \'Ji th the addition of th ese other reporis. ,, . your But tbo se 11.:::.:st e.2mr--;iinu tions nel'e to the effect, according to letter, that you had no meons at your command. 1, . That is YJ~' rie sent him do't'm the!'e. 'fhctt i s ,;:hat you say -- th~t y ou had no means? J. • T.nat is right. Th~t ~ns truG ~hen ~ou sent this letter, uasn't it? Yeo, sir. A. 'i."he fact of the r.1atter is, uhen you come dotm to it, that you have simply changed your thought since you e~iunined this man? Yes, I have. /..nu tll&t change has been m~de .d thout G.!.DY examination of him at all? Yefl, sir . .And thut change is in violation .o f the 01,1inion of thest? doetor.s. these Denver :2urgeon s? Yes, sir. How, Doctor, you say that you wrote a letter to Doctor Franklin G. Ebaugh. on September 11th. 1933? Yea, sir. too. llR. TJ\LIJUrERRO: Em.. GiiLI CI CH: I think I will put this letter in,. No objection. ( \7hereu11on. the paper in t1llestion was marked for iden ti!ication us ?.:mployer' s Tod:rl.bi t B). �10 \'lb.at is your srecialty ns a physician and uurgeon, lJoatc,r? I specialize in eye , ear, nose and throat. \~h a t i0 a neurolo gist~, i' neurologist i :s a r.11;, n tillo deal,s rJith the b:rain and ner,1ous sys te•.n , principally. J.re ;you n Gvec i ali st in that? lfo. :3Lr. \, . In thi;;; lettei· rn:u.'li:ed UJploye1-' .s E.xhibi t B, you state -·· 11 I have b een a~k ed by llr . T. s . Tali.,,f .e rro, ;:;it torrrny of the conl competni es here, to contcct a neuxologist in Denver for the ,1>urr1o oe of arrungin : an e:a:-.minci.tion for un employee of one o f these com1}anies11 - - :ind .,rou &,o on further m1d onr.ae Doctor fadwaz·d Delehanty. 1. You usked him to contcct n neurologist? Yes, Gir. And then you further scy -- riAs regurds consultation I ~!ould like to suggest that you call in nnotl1er neurologist in rendering your xepor '.t, and any of the follouing raen \'IOUld ;Je acce1>tnble" -and then you Gi<"J" e the n.2ne of Do ctor .2.di.1ard. Delehanty. ,~. How, you testified that you are not a neurologist? lJo, sir> I ;;.m not. Do you .lmo'i."1 r,lro Do ctor De lehanty i 1£ Yes, sir. He is a neuroloe;ist in Denver. Q, . t. . Is that his s1>ecial line in the profession? Yes, air. Do you reco gn ize him as·being a competent, efficient and ekillful neurolo~ist? Yes, air, he is a very good man. Q, . A.. You got a. re~ort fror:i him, dicin 't.. you? Yes. sir. Did you come to your conclusion or your opinion -- this opin~ ion that hae .been formed since the reyort was given by llo ctor :Lelehanty -- from that report. did you come to your conclusion tho.t this Dan, this 'li'iorkman, uas suffering from an insane delusion? If I believed his report, I would think that the man Yms malingering in putting on all of tho~e symptoms. So you didn't come to your present conclusion as to thia man's mental cond1 tion from anything tllut Do cto.r Deleho1 ty, ho is a neurologia•t, has eaid1 No, sir. �ll ~ • i .. 'i'heir reQort to you uas exactly o npo ai te, vmsn' ·t it? It ~as that he couldn't finu any evidence of any mental trouble vith hi · I <ion't recall the gist of' his report. Gen excll;y. \'Jli,m' t the. t hl s .report to you? eneEally, hie concluGions, as I remember them, \'Ojere that the man tms u malingerer and that he bad nothing 't.':Con g 1tii th l:J.m and that he ~as yutting on. Bi th.Gr r.1entul or f)bysical? Yes. sir. Therefol'e, the conclusion that you rJade \1as contrury to i.'-ih~t Do ctor Delehanty infoz,med you? Yes, :;,ir. So his re.1:ort didn't ente1· at al : into this conclueion of yours, tlli s nei..1 conclu0ion? 'l'here "Gere many thin~ s in his re_ ort \'Jhich eliminate.cl and cleared up points that nere not cle8r in oul.. minds ae t<:1 othez- _ment!::.l anti physical asp ects of the case. Do you lmo~; :Doc tor Fred S. 1:alsted'f Yes. sir. V,'hs. t i 2 hi:::; Sj)eciul ty-;, I think he does ear, nose and throat. I don't know whether he doeo eye ·cork or not, but I know he does eer, nose and throo. t. Did you g et u report from . him? I h&ve a copy of his report, yc::J. sir. I don't know wh(;ther it was sent to ~e or not. but I think I have a copy her•~· _ Yes, I have a copy of Doctor Halsted' s report here. Di cl you form this later conclusion of yoUl.' s from anything that he sui d in bi s r e1-10 rt to you? Hot any more tha1 I did from Doctor Delehanty's 1·e,1loz·t. his report y;as against the i"intiing of any mental tr,:iuble with thi.$ \·Jorkman, uasn' t it. as he r~ported it to you? I cannot an8wer that '!.}ithout reacd~ his reyort over. r cannot remember a11 that he said in the report. Jmcl The :fact of the matter is, Doctor, that you diun' ·t ya:y muc.h &ttention to what these doctors in Denver that you had ~e- f'erred this man to snid, did you? The fact of the matter iD I paid con0iderable attention to tiha t they said. o •. You weren't guided by ther:i in nny way, iere you? In making a diagnosis, I make it by a v:n>cess of elimina- A. tion, and by reading the reports I nas uble to eliminate certsin f'nctors. which I a1lpreciuted und vulued their repo:rts foi-. �12 Q• So you have come to this conclusion, not from subsequent eJca.r!lina.tion of ·ibis workmC:!.n 1 but from analyzing the reports th~t these docto~s raade? 1~. 1:'Jot entirely. As 1 etate<l befo1--e. it was from my correla- tion and my ~rcvious findin sin this cuse, plus these re- po1·ts. Q, . 1fou, on the 11th doy of September. 193j, you :,.rt£ited to J)ol;- tor Ebnue:h -"Ii has been ill;}' 01>iuion from tJ:1.e ver:y s ·t;0:rt that the ps.tient has malin12}9red, especially e.s to loso of vieion ,, and I Em in some douot es to his loGs of he a rin&;. ~i.'his has al Eo been the opinion of other men z;ho have GXaBined him". 'i'ha t rms your thought in September, 1933, t, asn vi i It? 1~. Yes. sir. Vilio i s no c tor Ebough? Doctor I!b8.ugh iG consid ered u ve1·y hi gh-class man in hi1~ proi'eoeion no a neurolog iei. In y;hat'? In neurolOBY • 'ibat is, in mentul \il iEor<lers or nervous uisoro.ers? Yes, sir. He i e considered a vers hi.€.h-c.lass mnn? Yes, sir. Pilld that is not youz- specialty'? Ho, sir . ., not~ithsto.naing the statements of Doetor Ebaugh macte . .Anci, to you, and the statements that Doctor .Delehanty made t<> A. you, umm you recoonend as being hi€Ji-olass oer1 in that line -- you do, do you not'? I do. (Continuing) -- you fox'Illed, since you sari theiI' reports. a di:fferen t opinion? Yes, sir. And you formed that opinion from their reports and not from an examination of thi:;;; workman? I didn't say that. But you said you hadn't examined him since? I said my present opinion is fomed from my past .freouent e.xtil'!linations of the can, plus these reports. • So you had. no such past opinion on Sep terauer 11th, 1~331' Uy ovinion before that wae that the man waa malingerin . . I am frnnk in eo otnting that I thoue;ht the man was a m1il- linberer. �13 A. "1"'.u·, e.,..,.,,.-<•,.. .._,...,. • • • "'"'-.L"'"''-'' you::r op1n1on since that time, or your presen1t opinion~ i s 8.) p a :rently formed. in the face of the l'eporta of these specia li~ts th a t you 1'eferred thiG man to·, Hot enth:ely. l~I'om ub...a to if you ba.vc:m't examined him? Hy opinion has beGn formed by tbe study of case re1Jo1:ts and readiu1;:; o:f aut.ho.:r:i tics on ::.1imil&r cases. LJ.Ilct i t i D my ovinion tha t there is no ffiethod of exaroino. tion that cun d<:lilon- at:rate ruiy subjective evic.euce of inJu:ry in this man.. Why <lid you sena thl rs v10rkm8n o at your requcrnt wade to nc - wby dici you send hi1:,1 to Denvex· to be examined by iheae doc- to1· s? In 01·der to clear the cn~e u.p, if possible. You nt ti:1.at time hti..d m> Odinion of the matte:: , and you 1:1eren ' t an exp er-t in th.a t ma t tel:? liy opinion was tha t the mun \'.'UIS a mnlitig ex-er. \7h"-"t h 1.-1s oc~ur-retl 1.c1ince the11 to cl1ruige that opinion? I ,;1ill rep eat ,;-;hat hti.o occurx-ed - I make my diu~nosis by a process of el;,.mination. I h:xve taken into ccn2ide:ra t.ion my pust examiu a tions of' the It an, an<i rny thou6hts ~nd opinions at that til!le, ood the 1;e1io.rts that nere furnished by the Salt .1..tcili:e tloctox-s anu the Denver doctors and the 11ayo Clinic, and my 1·eading of medical books, books of BU tho1·i ty ~ on similar cm sea, .::.nd th& t htu; molded my present opinion. That has ir:oldeu. your present opinion'? Yes, si:i'. imd it has cb£:n~ed since Septeraber2 1~33? Yes, six. Antl you ai·e not an ex};lert ux,on mental and nervous di eea,aes? No, sir. \'Jill you t;ive me the d.octo:x; booke th=itt you have read, that you hove referreci to that you have read, upon this matt~r A. of mentul clisorders, since the 11th cay -o:f 5eptembor , U)33'? I don't tn1flt1ose I could quote all of them to you. I a eked you for the names of the hooks . I say, I <ion 1 t sup1,ose I coul<.. quote all of them., but I l1uve read vebster ~a Legal ~edieine &no Toxicology and warb~sme on Sure:ery . Did they deal especially '.d th. trauma.tic neurosis? That is the subject I wua intereeted in. o.,. I dian 't ask you that. esvecially . .A. Yes, ii: ir. I asked you, did they deal 1:ii th it �14 You :t,ead th Gm Don't you krlo1."l whether they <leal t ,.~i th ithi s or no t? They did n ' t d e a l ·\'11th this case, but they ciealt 1,·;ith airi1il u r c a.,,,er:• . O A. Diel they cieo.l n i tb, t.bis question? Ye s , s ir. .,. A. 'i'h a t is t no a utho r ities? Yes, e i:r. t;'hen did you read t..11.em , J)o c t o r'l' Oh, I rea d them, o ne of t hezn , nithi n the l ou:d; wee1c, becuuse I though t -To g et ready to testify in t h i s e ase? I thOU$ht I v;ould b e called u pon to give an opinion. Then your opinion from t heee books hc::s been made within the l as t u eelc? Uo , si:?:. Q, . !Jo,;•1, l'GDding these ti.JO bookB has influenced your opinion in t hi s c~ s e, i s n't th~t true? Ho, sir. 'i."hey uici enlar g e my viewpoint or 1·efreshed rti;;/ mer.:10.ry, u ecau~ e I t h ought I uoul d be called uIJon to testify t o til:m t I t:tought trnumntic neurosis was. You se;y :;·ou c:. re not un e:cpert in. th&t'? :t!o, si1' . I run not. Bu.t you n re u s peci&list in eye, e a r. nose and throat'? Yes, Eil,. Q,• A. That is \'Jhat you have studied, isn't it, .Doctor? I have stu.uied g.eneral medicine and surgery. I serve on a lwtacy commission, al though I aLI sanity, und do not pretend to be. not at all till expert on in- A Judge of a court serves on a lunacy commission, doesn~t he? Yes, sir. But I am not testifying bere as an ex11ert in this case as to mental conditions. T'!!en \?hat you have said here is not aa an €:X.f,ert? Absolutely no. !JR. TALI .1\ FBBRO: That is all, Doctor. �15 E.edil·ec··t-eJ{m i1mtion by llr . Ga licich: ~.. ~ Is that you~- opinion ns a tioctnr of medicine'? A. It is. ( t.'ihereupon, the wi tneos nas e:irnu.sod) • �16 - 3. S . LNJZER a gi tncss called herein on h -.-h~lf of the claim&nt, being first duly s wora o.ccordi nt.'.. to lax1, on his os.th testified a s follo vrn: Q_ . Gta te y oux· nar:1e, please. A. E. G. Le uzer. Q, . Vihex-e do you resi d e? A. no ck Sprin e:.s- q,. A. \"Jh ~t iE, your :i:,rofeseion1 .Phy sici&u n ntl suz· eon. Q. • lfo1.·1 long huve you been a phy sici an ~ml ..,urgeon? Since 1905. A. A t \"";hat place'. Ro ck Sp r ing ~. Were you in \Jyor:1in g o.11 of thut time? All of t h at time. You c1.. e o. s rna .J.ute of 1•ih c:.t scrool'? University o f 'Hebraska. Do you 2 no w the injured t7orkosrl, 1;1asil Levkulich? I do. l'.'ere you eve1' c ~lled uyon to treat him in your 11ro:f e1:1sional capaci t.:t? A. Yes. sir. q, . ! ,.,-,ill ask you to state Y1hethe1· or not you \?ere called u.pon tc treat him in your p::oi'essional capacity during the mun th of October, 1931. Yea, eir. On whu t date? October 16th. Where dic.i. you fir at see the Zio:rkman? I saw him first at the hos--uital. Doctor SanGi.exs uent first to the Iiline nnd. pick.ad him- up c:Ul<i brought him to the ho 1api- . tE1l. You say he i:ia.s injured in the Dine'? Yea. eir, the Lion coal mine. Did you see him the Dcl'l1e ciay thtlt he was injured? Yes, sir, I saw him ofter he entered the hoG~ital. �(' 17 :., Q. • State to t 2e Court wha t you found in your examination o:f the \.'1 orkm.:.t1. tha t .time I found he had u alie.,ht lacG1·a tion on the right ei ct e of the ho~ct, GOf:lGVJhat over the I'ight temple, und hE~ TJaS bleeair1..; a li ttlc fro m the ri €ht ear. He was· in a slight A. .At Gtufo1· unu ri .:J k;tc o:f ®ock at the time. Yia::; h e conociou G o z· u.nconscious when you sau him'l F.:e ,. as □ emi-con ecio u s. Tio"Q lon g did he B t 3y in that. semi-conscious condition'? Abeu t t~m days. \7as he your :patient1 Ue i.7ti s t1~e8 teci by ae, yes, sir • . r\nd oy Vibom. olse i :Oo ctor oandere. Doctor !:;antlers i a your a ssQciate? Yea, six-. Hou long did you treat thia man? I tra a ted hio ri ht along . present ti me. I he.ve treated him until the ·.-, ..1en did you lust exumine him? ?.ae day before yesterday .h~ t,as at the office. Di ti " r. L evkuli ch suffer any di sabi li ty , any physical o :r o oj ecti ve di snbili ty, us a 1·csul t oi' t.na t accident, ro1<1 for .hor, loug? He uas -- you mean hovi long has he been di sableci'"? ., . Yes, A. ho\·1 long w~e he disaoled, that you could his disability? cllo\7 and mee He left the hoo1>i tal on the 24th day of October of the 1am!le year, l-.131, bat at the:.t time I didn't figure he \'Jae aolta to work, und it hus been going on up to the prescm t. We never have been &ble to decide -- that 16, at least, I haven't \Jhether he hats any physicml disal>ili ty no_\'.I o.r not. Iu your· examination of the i:,orkma.n the d&y l>e.i'ore yeste:rciay, did you finti any disability uhatever, either physical or mentb.l? The only thing I could decid,e anywhere near was t:r.1.1:J.t he h&d some kind of a mental deproosion, but uha t it 170,s, I could not say, but a.s far as s.ny 1>hysical ciefecto, I coulein 't find ,my. \~'hen did you first discover tllil'.i mentcl ui aabili ty? Ch, i t r1as some time af tcr he went home, but I don' t lmo w 11011 long afterwards. �18 no you b ,'. "V e uny i dea 213 t o the a )p!'oxir-10.te time? Ho. I think -- that is, he ,-:o.snit entirely -- \?ell, I just couldn't suy , bu·l; soi.!1etime after he \'1en t home. because he uas Bo!'t of d e pr e:rneci vihil e he rma at the hospital, and then ·i::e thou 2):i-t we \'1 oul d 1 et him go bome and it would .1:•itobably clear ui a li ttJ.e be ·i t cr , but it a1ip,n·en tly ditln' t . and ii i s still there. J .• ·."lould yea eny ibis mental condition is the :result of the injury tht:tt he su.□ t a ined i.-n Octobei,o 1~31? lie • I v•10 ul c.n ' t, bec.8.use I can ' t. prove it. I don · t know ➔ Q, - \'J.1.w.t is your o pi nion in the matter? :5y o.i.:inion i ~➔ tha.t I bk1 ve a ltJ:?.ys felt thDt thex·e must b(~ some connection b e t Y-, eei'.l h i ~ ment al condi ·!;ion nc.rn ..rnu th,~ acci den t, 'but I never could r,o i u t ou~ £1 n,ything trm.t I coulu absolutely stan d on by any method of exs.min2. tio n . I'\ Do you me ~n physica lly? P}zysically or any o~~e ~ ~~y . A. 'Jha t is t h o extent of this man's depression or mental dtsability? Doe s i t i nc.:=..ve.citate him partially or totally'i' I-t a._J 1,e.1'2u tly i ::J to tcJ.1. A t least, }1e feels that ~,w.y. ;, you cay the. t his mental condition is l)enaanent or . ·~7ould me rely teJ.1.)orary? I dou 't lmo\'i• It has oceu going on so long , I don't know v1hether i t i :i;l per-man en t o l"' t:hether i t i s nomething th~t ctill muy be cleared up. Do you knot1 ho\·~ he ~uG'tained his injury? A timber hit hli.n on the he ad . The examitrntiou oh:>ti;et.i thG.t .he uas struck by a heavy object? Yee:. i.l.H. Gid.J:C!CH: You ma.y croes-examine. Cross-exa.miai:.tion by !:h. 'l'ca.lh:. fe:rro; Doctor, all you kno v, aiJout any mental disorder that he has is wl~t he Geys r..i.mself-7' T.hb.t is all. 'fh:..t is all.- , but r.e can't prove it. f.nd you don't knou ,::hether \'ihat he aays if feigned or fxau.dulent or whether it is true? A. Do, I don 1 t. I don't know. J.nd ,.vour conclusion was entirely cirawn from what he tell a you? Ye6, Eir. Q, - Are you a~ eJC.Pert, Doctor? ment~l and nervouo diseases? Is that your specialty -- in �... Q.. 11 0 19 You cot curr ed ,ai th Llo ctor \'h!nnel' that 'this mun should bia s ent to Qpe ci s li 0to on ~,c::i:-vouG <ii cea~es? Yez, s ix· , becnuoe \-;e :felt vie ncre not able to Lmke a neu:rolc gi~ol m~!::i:1im, tion. ~~ . You -c oulcnvt ~fine.~ A. T'.n.a.t is all. Q,. .A. Yes, s ir. ne tD ltl you<'? ..-·~ r evid~nce o-f ae11ta.l diseriae e~cce11t i1hat :Do you lmov: Loctor .B<i.\-;-~.rd Delehanty? Q. ~,r;-n.at i~ hiD reput~tion &s a mental s urgeon £:n d physician? J. u G is one of thG highGst clas s men in th&t line in this ·r ;es tern country. Q, . ~.1.'ould J:...i s o.i)inion h nve influence 1.:ri th you as a phyaician A. o.nci ~uri:;eon on a. mcm t&l t 'l · t tc:r'? Yes, ~ir, it ~oulo. I would s ay it uould. Do you know Doctor Halsted? 1fo, I rion •t. ~A. ~..0•• c;, . ,.'I.. q. A. I hn··r n hsa.rd of hie, but I don't knovi him.. Do you knot1 of hio re:ftu~~~tion'? I h~.ve heard of hit?. by reputation, yea. .'ihn t i ~ it'? Ir~ i:~ o. no~e .:tnd throat specialistg as I recall it. 1 ~1ih~t is llis rei'utation in th.at field? ! t i G go O cl • You don't krlov1 hi~ persorrn.lly'.1 I:7c , I don 1 t. q,. But you do knoY"J Doctor Delehanty? A. Yes, sir. Q• Do you kno\·1 Doctor 'F. B. Ste!)heneon? A. No, I don~t. Q,. :Do you 1.-not: anything aoout his l'eputation? I can ' t aey the. t I do • A. Q.• A. Do you know :Doctor Ebaugh? I clon't lmo: him pcrsonclly, but I kno\;.' him by 1·e-put1;.;.tinn, und I huve had corres,tlonc.ence \1i. th him. G.I. A. v'hat is his epeci&lty? He is a ueui·ologist anci paychictI·ist. ~i, . k. 'i'hnt is, mental and nervous aie:ordere? Yee, sir. �0 • ·::ou.ld. you oe influenced in forminf; an opinion DJ' \'!hat ·n u :::aid, h. Ycs o I ~uuld. I 11 a i!lcn tcl cc. se'r Yest uir. Q, A. Do y ou knoi.'i Do c to r Ke r by o f f ,,;_::a L u.1: e r;ity? Q, . .A.·. ·.1.'ha t i e :1i s ._J., ec ial ty'? x-r3Y. YeG, cir. (._, . ::,1lat is his :repututiou? A. Yes, cir, firat-claes. .A . In t.lle exumini::!.tion o :t an ~-~r ay, \1 0Ulci you be guided in any r;;; ay by hie s tu temen t @'? Yes, I 'l::oula be inclined to accept his diagnosis . < •• Is he skillful in that'? ...,o you l mo •.' :i.,octor ..2;<2\a in :;IEn so 1 lT eh(,r·? Yes. .Jh~t is his 2p .3 cialty? aar. no ~e aud tlu·ou t . 1 3y e, Do you lmo v: l1ir.1 personally·? Yes. \'. 'hat is his stLnding as o. specialist in that regru·d? High-class. i:iould you be guided a ~ood deal by nha t he said? Yea' I WO uld. in that line. I mesn. in thu t special branch of rnedicine. r.1nd Eurgery:1 Yes, I wot.:.ld. :Do you kno\, Doctor ]'oater J. Curtis? Yes. Of Sl:.l t Lake Ci "ti,y? Yes. \illa t is his SJ.J eciG.1 ty? i:e i 1;. a neurologist. ilental and nervous diseases? Yes. !~ you know him personally? Yes, 1:,ir. �21 ·::lir· t i :5 hi::. repu t ..~tion ~~ a s.1; eciali st in mental and nervous u.1 .)ea~e:Efr Very hi gh-clas8. '.Jh&t \Joul cl you tilink of a z·e90 rt made by hird'? Would you be inf l'L1(·:i.1 c e • by i t';i YaE, .I \'1ould. I ·;muld €;ive i t deep consideration. at 11:a.st. You t !link they fi. I'e worthy of con :zi.:i.dera tion? Yes, £ir . .:..~direct-e::mmination by !!Ir. Galicich: Q, . A. Going back to th-a -,ork:la n, \'Jasil Levkulich, :Cocto:r, in your opinio,a, -.·1ould you :;;;;.y thl~ m.2n i.-:s a mu.lingerer or that he is a ctunll;y suffering f.rom u mentul disorder? I never felt, as I otated before, that he uas a malingerer, entirely. Ther0 rJere Gor:ie thi nt:s th::.. t he e.x asgera ted -·· 9 no oue ~tio n ubout it - ... bu·i ho ·1 Zlll.i.Oh, I couldn t <iecicie . . .. ~ A. You nouldn 't s ay he i~ totally malingering? ~1o , I r;o ' l dn 't. .: . v. Do yoi1 feel there is a I!lentlll ui i:.;aolli ty in cid<ii tion to J. :m:~lin , eri~1 0 ? Yes, I do . C~uld. you i.; stimu te that, or in any Wa¥ give the Court some idea o.s to how much you. think is put on ~nd hovJ mu.ch is act ... ally u merJ't~al state'? I r;ouldn 't cveu attempt to , lJecuuse it · can't lm done. We can't measure it. 7.hat is tile reason ue sent him the lu.st time to the ·_:,cyo Clinic, and they couldn't do it. 'ill~ COURT: Io that ~syo Clinic re~ort in the file here? rin . T.J,LI1Jr.,.-~rmo: No» sir-, I don't think so, but I \~ouldn 1 t object to i t bein~ put iu. llR. Ci-.LICICH: Yes, th&t is t1grecable . with us. ( ,;Jhereul)on, tm, pupei·s \7ere m:s.rked fo:r: icienti:fica.iion oa Bmployer's Exhibit C anti Employer~ s Report l)). :~amination by the Com·t: ~J,.. 7''ha. t 1 ~ your interp.r eta tion of that report, Do etor? TI-fut there is aome relationulliJ.J . -- they :feel t:he same ais we hove e.':~lJl'.'eesed here -- th:it t.here is some rela tionshii) between the injur-,i and his mental l.ttitucie, but wlla.t i t if.i, \1e cim't sul>tltanti~ta, anci there ia no way of proving it. �Cal ling you:..- attention to the last p;:;.:r~gra.ph here -- nT!lo iH.'CsuI-ap tio n i rJ 'tba t injui·y in<lucea .o t.:ru,c turru !; hanges o :f a ~a:fficient c~ 1·co to n.ltcr our oubjcctive p:rocc:::ise0H ··!:.hat z i w:i_.> ly !'!lo.mu tliut tbel"e is u presumption? A. Yes. f:c., . (Continuing xeodL1g) -- 11 but ue ~c not in a position tCl find pbysic~ i:c i gns 'to corrcsv ond n i th th.em. 11 • ,~uc tly , un d th:..:. t ;-:a~ our t:tough.t _.. ,•;e cou.ldn I t find it. Q, . fa... \'.'as that Y OU.I.' thought'? Ye.J, ~i r . L:E. . 1'/LI ;..:r.;.;1:~~,.Q : i z tl S l lWl CO tlCC!l'OeG. • Q. . Do\;to l.· , are y ou tt cqu....,in teo. riith these ti·c.umatic neurosis ca3ez? DG you usually find p.1:zysicru. :;;yuptoras to e;tplain tlle menta l con'-'i tion ox no t:? 7h1 s .,.r •...:.£.nc.:ti c u ou.rn m. z i c L>. c__,1.:1.b'ar.1 ti ,;rely rece~ t di uea1.3e, auu it i e Xb.ther ·-indefini te. ?hat is, you may have an in- jury to u l e~ , and you h av e g. peculiar lot of symptoms thu.re. a nc you 1.;1;..n 't u cCi>Ul'lt. for them iu auy other way, but b ecauDe you have on inj ;;zy it r.-ould be vrobaoly cl~H,sed as a traUlll~tic naurosio. In this cas0, the injury is to the head I enc.. these p cci.!lia.r conditions have come on. I lmHw thi~ man before, uncl, of courze, he wa~ a little ·b elow normal intelligence then·, ·o ut :nnce then this he.s been a grz..va-ted , but -.:,hethci· it io the accident or soruething e1se, 'l:'1e don ' t knot'J. You r..t one time thought he \788 a malingerer, dicln t you~; Hot enti.r<ll.y, no. I ltuew some of it \iiae, out I never thought he was entirely a malingerer all the time. Yo·1.o still t~unk thc.t p5.rt of it mi s malinge:ring1? Yes, sir, I think part of it. A. You think he is putting it on? ;so~e of it. yes. .Bllt yo:,;. don't kno'wl ho\v much'? l!o, &ii-. Se c&.n 1 t differentiate. TEE COUi'~T: That's all. ~iscross-examin&.tion oy !lr . 'i'uliafer:L\): Docto1:1 ir.. J.;oc:to1' 2":lelel:..anty:a croae-exanination in this caae, on Intori·oi::;i.tozy No . 4, ,:1hich is o.s follov1s: �23 11 State t ;tHi explain t!hat is meant by traUiilatic neurc1oi 0 and, in t.mst1er to that, Doctor Delehonty says this -1 n 'i':t>&um:::i. tic neurosis' is a tem applied to u train of mental or nervous symptoms \7hich develop follor;ing an accident antl t1hich e.1·e cauEed by other i .nfluences than trum.1a11 • Yes, that is true. 11 A. It may b0 caused b~,r other things e;,cept the blow'? Yes. it moy be caused by other thinga. Arthur Lee ougges'tf.l thi s question, :Doctor -- flay not neuroeis develop froB u malingering and apart from uny accident? • Thr:.t i s ~oesible, yes. Yn other \'lOl"ds, a person can think of himself having a di sease 1:mtl believe he h a s a dii:iea0e \7hen thero- is no ci.i s<~ase':1 A. Yes. t u.a t is poss ibl e. You heard Doctor Wunner' s testimony? Yeso :.=1~, I did. You li i.::tened to it", YeG, I u.i • And he said iu his testimony that a person uho is a malingerer und \'JilO ba:3 thought about his condi tio11 c.nd who hais made himself nervous in ouch a tJ0.Y as to affect his min<i may clear UJ.> uhen it is definitely dete:zmined that he i :.::i to get compensation or that i t is definitely asse:rted that he i e not to &et compensation. Did you catch that'.> Yea. Q. In other -cords. either one way or the other, the matter eight clear up? A. Yes. That \"ioulcl be the man's O\"Jn thought, v.·ouldn' t it, ra their than from the trauma? Yes, i t appears that way. ill . T.!',LI r.FERRO: That '6 all • Redirect-eJCamin.:..tion by Ur. Galicich: !Tow. in this particular case, Doctor, you are \'Jell ucquu.inted ui th the 'm atter as it proceeded in the courts. ·are yc,u not? That is, you remember \"'Jhen the ce.ee was originally set for hearing in 1~33? Yee • .And. then Yee. the man was sent to the doc to ra in Denver? �24 .t.nd a:ft.er the reports cam.e back, the matter \"Ja.s dropped:1 so far as the m2x1' s claim r1u.s concerned? Yes, sir . A. .And aftex- the case r:as dropped. did you notice a.Yly change in this man vs condition'? Ho, I didr1't. Xn other vords, thei~e rms no change in his contii tion after the case \'JaS dropped? A. Ho, i t didn, t 1.3eeu1 to m.~ke eny difference either. one wa~, Ol' the other. Q, . No~, Doctoi-# going back to th~ question that 1~Etlm1· Lee sugGested, you said ihu.t a man could suf'fe:i~ f1•0.ra tX-.:.iill!latic A• Mo , I didn't say II traumatic neuro ::Ji s 1 • neurosis. 0 . Th&t is a different type o :f netu."'o si 0? Yes, U:10.t is a little differcant type. neurosie even thouf1}1 there -rm □ no in~ury'? f,.. ~hat i E called \7hst'? ?sscho-neuxo sis. li4. GALICICH: That's all. -o- It 1:1oul ci be ju s·t a �.,. 0 Daylooo I all 1u-· " ,LLL.Lwxan-o •~ l1Qr u:ltu -~,_,,_,,, .....,. .. ~ t . lotto~ oot· mfIT'J �THE UN ION PACIFIC COitL COLiPallllY Office of Attorney Ro ck Springs, i7yoming October 10 , 1935 n ·. Geor ge :a . P1~yt1e, Vice-Preside;.r~ and Gene,r al L:anae;er , 'I'b.e Union Facific Co2.l vc,,19nny , Rock S~rii',gs , Wyoming . I hnud y ou here:r.7i t h t:10 t 0sti1:iony of t\";o of our l ocal ~ octo1·s tal~en i n u cas e ,:t Gree11 Ri ver o, t ;1e 2 nd d ay of October, 1935 , ,:here:L Pull:,r , t i1e C::; .,mt ; Att crney and o·i; ~1er ~ cle.i;;1ed 0.11 em:9l oyee or th e Li on Coal Co r:ipQn)- uris p0r.:1an0, tly , to·i; ally disab led fr :;:.1 i n:rnni ty. ~::s c c Ge i nvolved s ~Llethin8 nr ound, I think, 08 ,ooo.oo. _·t1is c o.s e ,;ilJ. '..10 of i nte1~e s t to you , beca use I tl1fa,Jc The Union 1-~ c..i.f'ic C..) D.l Co1.:1~:::::n y :ms 0110 er t ·; o s ii:ri. ~.r c ... ses . 1. r;ciri; you to re a.d the tec t i1'10 11~- given by Dr . 'Janner., r· 1ic h illustr :?.t cs ti1e j eop2.rdy r,e e:1~e in a.t C?,lJ. tir.1es. i. ~· 2...,ci out ti1:...t I ;..i3.de a nist o.ke ii.~ .:s. f :i r mer c as e, TT!1ich r.J.ist rik e I u roid ecl in t .!i;:, c:::: se, :md. :;: ~l:::o c.vo ided it in t he Union Pncific Cd ,e of Stigeue Grigl.ione. I t hink I told you the nmny letters Er,d r;ie::;s 2 6 es that I sent to Gener al .1itt cr::.1e~r Loomis. I :1Ll. d t t1is tr :.n1s criptio11 mad e es rJeci&lly for the b<rnefi t of :.:r. Bayless, un:l I ::'. sk you to tur 11 it over to him v:hen you have r e .... d D1~. i'.'c.:~111er's testino:,:1y . on sec ond t h:;u1:)ri;, I think i ·t \wuld . ·be r1el:i. for you al so t o b ot a ;;;ood picture .:,f ho,; e:; sy it is to get one Doctor i 11 ten r i'ift een to c;ive ·l;es tiu011y, \·1hich \"J i l l SU:i)port c.1 l 1:1os t any outrn~eous clui11. If Dr. ~1:.·.m1er hr:..d e;~iued this norkman c '.)nst a ntly fro m the tin e t \r.:,d:; he \'/0:n-l; to t t e Denver specialists, the Lion 00 :.;l Co·..i)any \'io uld have lost the case. It r.1ay be ex1)e,rnive, o.nd ·l;,1is c2.se 1.1as e;c9 0ns .ve fer the Lion Coa l Col;l~Jany,u lmt ue must send our pa:tientD to the specialists neur t ;1e tiv.e of trial and afJ.;er local D::ictors have corrouHted themselves. T:1is case \"JUS eJ;;pensive for r.1e, the tiua that I pit :in on t '.1e case bei ng r1orth a good deal more t lw.n the Lion Coal C:.,,-;ipany i7ill pe.y n e for t\'IO ye c-: rs. Undly -~r'3r.t this le·l;ter as conf'identic.l beti:.icen :,-cu and I.:r. Day less. Yours truly, 'r3T:kb (Signed) T. s. '.I':.lie.ferro, Jr. �/ ,,,. / FORM 2.103 ,,-·"' STAHDARD twt-10.000 ,t:. THE UNION PACIFIC COAL COMPANY hock Sp r ing s , Wyoming Octob er 10, 19 3 5 NO, Attorney :;i r. Geo r g e B. P r yo.e, Vice-P re si en t E.:.n d Gen e r al ~J ana e r , Th e Union Pa ci f i c Co a l Com any , Ro ck Sp r i ng s, V.'y omi n g . De a r Sir: I hanct you h er eY:i t h th e t es t i mony of t wo o f our local Lo cto r s t al{en i n a cas e at Gre en t i v e r on t h e 2n& •ay o f Oc to b er, 1 8c5 , wher in Pal ly , t h e coun t y At torn ey an d o th ers cl e.imed an employe-e o f t h e Lio n ..._Co al t..;omp&ny was pe r man en tly , to t a l 1 y ui s a bled. f rom i ns anity . ---- Tl1i s ca s e involv e some t hi ng a r ound, I t hi nk , $8 , 0 0 0 .00. Thi s c a se "iLll b e 0 1' i nt res t to y ou, b e cau e I t hi nk The Union Pa ci fi c i..,;o al Cor:1p any ha s on e o r t v.ro simil a r ca s e s . I want y ou to r ead t h e t e sti .llony ?;i ven by Dr. Wann er , 11hich illus t r &. t es t h& j eopardy v.re ar e i n at all t i me s. I fin ' out t ha t I :c:ad. e a o i s t ake in a forme r cas e, which illi s t ake I nvo i a e c.. i n t his case, and I also avoi a e d i t in ·the Union Pa cific ca. se of' Eu g ene Gri gl ione . I tni nk I tol d you the many let t e rs 2nQ mes sag e s tha t I s ent to Gen eral Attorn ey Loo□ is. I h ad this t r an sci p tion mac e e spe cially f or the benefit o f i~r . .o ayl es s, an d I 2 sic you to turn it o ve r to him when you have rea d Dr. r:ann e r' s te s timony. On se cond t hought, I thinl-c it would be well for you also to get a goo d picture of ho w easy it i s to get one Doctor in ten or fift e en t o give testimony, v.hich v.r ill support al :.::.o 3t ~ny outrag Eous cl :;.im. I f Dr. 1,·: anner h ad exam ined this r:orKinan ,c.onst .antly from the t i.rre tha t he went to t h e Denver sp eci &.lists, the Lion Coal Company v.ro.1lc. have lost the case. It ~cybe expensive, and this case v!as expensive for the Lion _C oal Company, but v1 e must send our patients to the specialists near the tiwe of trial an6 after local Doctors have co!I!illitted themselves. This case was expensive for me, the time that I put in on the case b sing worth a good dec,.l ;~ or·e than the Lion Coal Co;·a pany will pay :.ne i'or tvm y e a1·s. 1 Kindly trea t this letter as conf ioential between you and i'/l r . .bayl12ss. Yours truly, -.... �The State of . Uyoming) • ss. County of 8v1eetwater.) IN THE DISTRICT CO'CIDT In the lla t ter of the Cl aim -of"\'/ASIL L EVKULICH, employee of the Lion Coal Company, No. 8215. made under the \'lo rkmen 's Compensation La\"1. Excerpts from Transcript of Proceedings -o- Green River, Wyoming, October 2nd, 1&35. �;r . G. \'1AID!ER a \Utness called herein on ·behalf of the claimant,. being firs·t duly sworn according to law, on his oath testified as f ollo~n.,: Direct-examination by Mr. Galicich: ~A. State your name. please. J. G. Wanner. Q,. A. Where do you reside? Rock · Springs, Wyoming. ~- ~hat is your business or profession? Physician and surgeon. A. Q,. A. Q,. A. Q.. A. Q,. A. Q• A. q,. Hou long have you ·been a physician and surgeon? About seventeen years. Hou long in \'iyoming? Fifteen years. You are of the regular school of' medicine? Yes, air. Do you kno't'J the injured \'Jorkman, Vlasil Levkulich? Yes, sir. • Have you ever attended or examined the man in your professional capacity'? Yes, I have e:xami.n ed him several times. A. \7hen did you f'irst examine him? I e,camined him first ·-- I couldni t tell you the exact date, but it . was in the 'hospital shortly after his injury. ~- Do . you knou where he ·was injured? Do yo~ m~an t~e pl.a: c·e'? A. Q,. • Yes. A. I underetood he was injured in one of the mines in which he was employed, while at his duties. Q.. Could you tell us the month and the year of that first · exami~ nation? I do·n 't believe I could wi tmut referring to my office records. A. Q,. A- Do you have them with you? I don't have the records of the first · examination, but I have some recoide of the reports made since that time. THE COURT: He was injured, Doctor, according to the report of the employee, on the 16th of October, 1931. �2 A. (Continuing) I saw him approximately possibly on the 18th or 19th of that same month. ~A. You made an examination of him at that time? Yes, I examined him. I examined one of his ears, on the injured side, because he had been having some bleeding, and Doctor Sanders called me in to see him. I believe he was supposed to have been dizzy. tle were trying to l'ocate the source of his injury at that time. I also examined some x-ray pictures of him. Q,. Now, ·will you !)lease etate to the Court what you found A. Q,. A. Q• A. Q• as a result of that examination~ At that e.xamin ~tion, the ear drum had evidently been ruptured, anCL there was some bloody serum showing over that site at that examination. The :2,-:ray pictures -- I \"lasn"t nble to see in them any definite fracture that would indicate a s1.'Ull fra.cture. The man was \7eak and appeared dizzy ~hen he stood up, and no further examination was made by me at that time. He was sent in latex to me for a check-up of his hearing and vision. When Y✓ @ s that? That we s probably about a month after th~ time he was in the ho spi ta.l. ~'hat did you find at that time? At that time the man complained of lo~ered vision -- very poor vision -- and he had m&riy other symptoms of dizziness and pain in his head. He complained of not being able to hear on ti1e one side. ~ examination at that time did not disclose very much to account for all of those symptoms. I examined him repeatedly, I would say many times, after that. Some of those examinations uere not made as a ·matter of record, but they were made as casual office examinations, and then I made an examination or two after that, uhen r. believe the coal company sent him, or through Docto~s Lauzer and Sanders, and then I made regular repo·r ts of those exainina ti one. But his symptoms during those periods never seemed to dovetail with ·the physical findings. When did you last examine this man? ref er to my records here? A. llay I q,. Yes. A. I cannot tell you the exact date, but it was in· September of 1933, according to my last records, before . he was sent to Denver. Q• A. What did you find at that time? I was unable to find any pbyaical evidence to support the man's symptoms at any time·. I considered that either the man was malingering or that he had some symptoms or some �3 objective signs ~hich I could not correlate with the things he complained of. I suggested to someone -- I don't know v1hether it 1tJ as the Court or who it was -- at that time that the man be sent for a complete neurological and serological examination, and selected three or four men in Denver to do this who had not previously examined the man. As I recall, he had been examined in Salt Lake and had been pron.o unced a malingerer, but, to give the man the benefit of the doubt, we selected t\'m outstanding men in Denver. But you asked me what I found. The man always complained that he could not see. That was his main complaint. He also complained that he was dizzy, und he had pains in his head~ and he could not hear ui th one ear. In my tests of his vision, I v1as never able at any time to g et him to co-operate sufficiently to find out v;hether he could see or not. He would refuse to read any kind of a chart. Uhether the char"t be held up tuen ty feet from him or whether it was held up in front of his face, he s aid he couldn't see anything. although he was able to get around fairly satisfactorily. Q• A. Q. A. ~- Did you ever see him after that examination in 1933? I'm sorry, but I don't have my office records ui th me, and I don't know 'liihether I did or not. At least, I don't believe I made any reports on him after that time. Did you ever see him uhen he ,;ms not at your office is, see him casually? I believe I have seen him on the street, yes. that A. Now, I uill ask you to state, from your examination of the v10rkman -- did you find any pennanent physical disabili•ty, or did you find any -(Interposing} I would like to have that question put a little differently. if possible, so that I may answer it more intelligently. Do you mean, did I find any objective signs, signs that I could see, of physical disability? Q,. Yes, objective symptoms. A. ~e speak of objective signs as something we can see~ and subjective as something that the patient feels. I have never been able to find any objective signs at all to account for his alleged trouble or symptoms. Q. No~. in your opinion, do you believe that there are subject1 ve symptoms or that there is something \·1rong with the man mentally? • Yea, I have formed a definite opinion in that regard through this period of time in 't'lbich I had observed him and in reading the reports of the specialists \.7ho have examined hiu, and I have formed a definite opinion as to what I think his trouble is. A. ~- A. What is that opinion? My opinion is that he has a condition known as post-traumatic �neurosis, or psychosis. I believe the man believes in llis own mind that these things are wr.ong with him. At first I was inclh1ed to believe, like the other men, that the man was an out-and-out malingerer, but I am convinced now that he is not. I believe, if you want to so call it, that it is a mild for..a of insanity. ~A. In your opinion, is this mental condition due to the injuries which he sustained in October, 1931? In my personal opinion, it could be possible. MR. T.ALIAFERRO~ I object to the answer and move that it be st1·icken out. He asked him, in his opinion, did he consider his mental condition no w the resul ·i of the accident• and now he · says, "In my :personal o pinion, I thinlc i t might be possible". That is simply a guess. THE COURT: S\1er Maybe that is c1s definitely as he can an- it. THE WIT".clESS: I might qualify that, if the Court v,ishes, on this basis -- that these cases are compai·a ti ~vely rare, and much of our opinion is forned on the past record of similar cases that ~e have read about or have seen come up before other courts of a similar nature. !'.:iy findings are based principally u pon the interpretation of the reports of the other specialists who have examined this man. UR. Ti'. .LIAF~: I object to his baaing his opinion upon reports of other specialists that have examined him. This is not a hypothetical question. THE COURT: Q,. A. ~- A. Q• A. I think I uill let the ·anawer stand. Does this post-traumatic neurosis disable this man :from perfo:rming ~ork at a ~ainful occupation? As long as it exists, yes. I will ask you to state uhether or not, in your o~inion. the post-trs.umv.tic neurosis condition that you found to 'be present in connection with this case, or this particular workman, Wasil Levkulich, is permanent or merely temporary. I am unable to answer that definitely, but, to quote again from the authorities on similar cases, I would say that many times in euch cases as this, when any kind of a settlement has been made, either for the patient or against him, the neurosis will sometimes clear up when the patient's mind has been satisfied that the case bas been settlea. Doctor, are you a member of the Sweetwater County lunacy commission? Yes, sir. �5 Q.. A. Q• A. Vihat would you say as to the mentality of this workman'? r.·s _ it normal, above normal or below normal'? ~Tot knov1ing the man before his :present condition, I would not be able to say definitely, but I would probably classify . him as being somewhat below nonnal. From your examination of this man. Doctor, do you know definitely, or even e.ppro.ximately, when this 11ost-traumatic neuro si a vms developed or when it became present :.n the man to such an extent that he could not ~erform work at a gainful occupation? I understand the man MR. T.ALIAFERRO: Your Honor please. I object to wha:t he understands, if A. You mean, since the injuiy? Q,. Since the injury. It is my opinion that the traumatic neurosis took place imwediately following his injury . Q,. .And ,1as present '-'- t the d.a te of your last examination. in September, 1933? Yes, sir. A. A. Could you state from your casual observation of this man af- A. Q,. A. Q,. A. Q,. A. ter that time whether that condition still existed at the tirne you sa\1 him, and, if so. approximately what time or date that r:;as? 'l'he only way I could answer that is that the last time I personally saw him and examined him, it existed, and in talking to members of hie family and others, the condition uas appurentl~! the same t1hen I ,;·10uld inquire about him. In other words. you ke_pt in close touc'h with this case since its inception to the present time, is that correct? l:'airly close, through asking about his welfare from his other doctors and his wife and one or two of his children thnt I have seen. I ~ill ask you to state, to ascertain and to realize thnt this traumatic neurosis condition exists -- can that be found upon one examination of a workman or does that require a continuous study of the case? There are certain cases of traumatic neurosis ~hich are demonstrated by actual plzyeical findings, such as x-ra:y pictures. and there are some that we are not able to demonstrate and yet we know they exist. In which class would this one be? I believe this is a case in which no physical evidence can be shown in the way of x-rays or tests to support his aYJUptome. �6 Q,. A. I rnll ask you, then, in a case like this, referring to this pal'ticular case of this man, Wasil Levkulich, could some doctor, by e~amining him only once, determine whether ox not he was suffering from trauma.tic neurosis or would it require an observation over a period of time? I believe it would be necessary to observe any type of neurosis or psycho Gi s to determine v1hether it was present and to what degree. !J.R. Gi\LICIOH: You may cross-mcamine. Cross-IIJ;mminc. tion b;'{ :11·. Taliaferro: Q,. A. Doctor, when did you fol'til c1n opinion that t h e workman or claimant here wi;:s suffering fxom traumatic neurosis'? \?hen did I form that opinion'? Q,. Yes, when did you form that opinion? I believe I formed that opinion after the man was examined. in Denver. Q.. Mot un ti 1 after he was examined in Denver did you form that opinion? Yes, sir. A. A. Q,. Did you form that opinion, as you have sta. ted, from the reports that ,1ere received from these specialists in Denver and Salt Lake? A. The re;;,orts would indicate that the man did. not have a traumn. tic neurosis. Q. A. And you fom.ed that opinion after you had read these reports? Yes, :air. A. So that you didn't form your opinion as to the physical and mental condition of this claimant from what these other surgeons have said'? I was able to separate the ~heat from the chaff, so to speak, and from -the highlights of their :findings, these complete reports, I was able to sift down and correlate them, and I formed my opinion from that source rather than from ,,hat the doctors' opinions were of the case. Q,. You testified at one time that you a~rived at that conclusion as to the condition of this workman from what the specialists had said about him, wbat they reported? I did. Q,. A. Q,. A. You arrived at it from -what they said? Ye£, sir. And i t V1as, then, tho.t you read between the lines ane;. dGtermined that some of the thingo that 'they said \"Jere chaff and other things that they said were \1heat? Yes, air. �7 q,.. A. Q, • A. Ana that is the wa.y you have arrived at your present conclu~ion'i' Hot entirely. It is a lso from taking into conside:rati.on my past dealings personally with the patient and my examinations of him on ma ny occasions. But you h<:1ven' t examined him since he returned from Denver 2nd Galt Lake~ e::r.ce:p t to a:3ee him. on the street? According to my record s, I don't belie·ve I h av e e.:;:amined him. Q. A. I say, you b.aven 't examined him since you sen ·t him to Denver? He has been 1:dnce tha. t, yes. He v,en t to Mayo u ' s ince then. Q,. Have you examined him since he vrnnt to Ifayo s '? no, s ir. Q.· Th.en what is the use of bringing in that mayo business? -asking direct questions. Yes, cir. A. A. ·1 'm lfow , the f a ct of the ma tter is, Doctor , in September,. 1933, you .~ ,d e a statenent, did you, over your own signature, with Doctor Lauzer and Doctor Sanders, that you \iere unable to tell that this man Vias suffering from any physical or mental condition, anti recommended that he be sent to · other specialists? A.. I don't remember my report m tb.out seeing it. Q.· A. I '11 sho·.:1 it to you ( handing paper to witness). See if you recognize t his. See if' you recollect it. I hand you a copy of a letter, and see if you can identify that as being a letter that you ~rote. The original. of course, is in Denver. Yes, sir. Q, . ~- You wrote that letter, did you? A. Yes, sir. Q;. A- .ft.nd the da. te of it? ~A. You haven't e.xa~ined this man since tben, have you? I don't believe I have. September 11th, 1933. Q• That is what you have testified to. A. I don't recall any. q,. On September 11th, 1933, you addressed a letter to Doctor Franklin G. Ebaugh, 4200 East :Uinth .Avenue, Denver, Colorado? Yes, air. A. �8 - A. Now, before going further into that letter, I will ask you if you recollect joining in with Doctor Lauzer and Doctor Sanders in a letter to li:Ir. R. Y. Gibson on 1larch 22nd,. 1933.• Yes, sir. q. In that letter, you stated Q,. MR. GALICICH: If the Court please, if they are going to quote from the letter, why not offer it in evidence? The . letters are the best evidence, and ue would like to see the letters. ilR. 'f.ALIP.FERRO ·: 1v11 introduce them, if you want me to, after they are identified. MR. GALICICH: But you \Vere asking what 1-ias in it. weren't identifying it. r.m. T.ALI.AFERRO: ilR. GALICICH: Y.ou :Do you want to see it no\v? \'le \,ould like to see it. VTe can possi- bly eave time. MR. Tl4I AFERRO: I think we can save time if. you will let me cross-examine him as to his recollection of the rec- ords. (\7hereupon, a paper uas marked for identification as · Employer's Exhlbi t .A) . llR. TALIAFERRO: I \'1ould like thi.s letter to -be admit- ted in evidence, if Your llonor please. !.ffi. GALI CICH: Q.. Uc obj eotion. In this letter of Uarch 22nd, 1933, marked Employer's E~iliibit A, the following ·appears -"We examined him very carefully and could find no evi- dence of any permanent disability as a result of the accident, unless his present mental state is the ·result of the injury to the head. This cannot be verified by x-ray or any other means at our command''. A. Q.• And that is signed by Lauzer, Sanders and Wanner. now, what other means, since this· workman was examined by these Denver surgeons, has been developed by which you could find out personally, yourself, about thi d? You hadn't examined him, you· stated? No, sir. What I am getting at, Doctor, is what you read in the reports of these surgeons. That was the only other means you had, isn't that true? �9 A. Q,. ~fo, that is not true, in my sense of the int.erpretation of it, as to what other means I · had. I rely upon my authorities in medicine, possibly like an attorney relies on his authorities in legal matters -- hie books -- and my opinion has been molded during that time by my past observation of this patient plus the reports which we have received si~ce. Plus the reports? A. Yes, si:r. Q,. In other words, you have changed your own opinion of the matter without any founaation whatsoever as to examination, except t _h e reports of these Denver surgeons? Yes, sir. A. Q,. A. And that is the way that you have changed your opinion? I have changed my opinion by n correlation of my past examinations vd.t..'11 the addition of these other reports. But those past examinations v;ere to the effect, according to your letter, that you had no means at your command. That is uby vie sent him doun there. Q,. A. That is uhat you say -- that you had no means? That is right. Q,. That was true Tihen you sent this letter, wasn't it? A. Yes, sir. Q,. The fact of the matter is, uhen you come down to it, that you have siLlply changed your thought since you examined A. Yes, I have. Q.• And that change has been made without any examination of him this man? at all'? Yes, sir. And thut change is in violation of the opinion of these doctors, these Denver surgeon ff? Yes, sir. Q,. A. rTow, Doctor, you say that you wrote a letter to Doctor Franklin G. Ebaugh on September 11th, 1933? Yes, sir. lm. T.ALI.AFERF.O: I think I will put this letter in, too. HR. G.ALICICH: No objection. ( Vlhereupon, the paper in question was marked for identification as Employer's Exhibit B). �10 ' ~A. What is your specialty as a physician and surgeon, Doctor? I specialize in eye , ear, nose anct throat. Q, . What is a neurolo gist? A neurologist is a man who deals with the brain and nervous system, · principally. A. Q. . A. Are you a s 1,eciali st in that? No, sir. Q, . In this letter marked Employer's E.xhibi t B, you state -- /A. ! have been asked by Mr. T. s. Tali a ferro •, attorney of the coal companies here, to contact a neurologist in Denver for the purpose of arra.~ging an examin a tion for an employee of one of these companies 0 - and you go on further and name Doctor Ed-1ard Delehanty. You asked him to contact a neurologist? Yes. sir. Q. And then you fu~tber say -- A. As regards consultation I uould like to suggest that you call in another neurologist in rendering your report, and any of the following men would oe acceptable" -and then you give the name of Doctor Edward Delehanty. :How, you testified that you are not a neurologist'? No, sir, I am not. 11 11 Do you lmo\7 who Doctor Delehanty is? Yes, sir. He is a neurologist in Denver. Is that his special line in the profession? Yes, sir. Q,. Do you recognize him as being a competent, efficient and skillful neurologist? Yes, sir, he is a very good man. You got a report from him~ didn't you? . Yea, sir. A. Did you come to your conclusion or your opinion -- this opinion that has been formed since the report was gi van by Doctor Delehanty -- from that report, did you come to your conclusion tha,t this man, this workma..r1, was suffering from an insane delusion? If I believed his report, I would think that the man was malingering in put ting on all of those symptoms .. So you didn't come to your present conclusion as to this man's mental condition from anything that Doctor Delehanty, who is a neurologist, has said? No. sir. �11 Q,. A. Their r ep ort to you vms exactly opposite, -r,aan't it? It was th&t he couldn't find any evidence of any mental trouble vdth him'? I don't recall the gist of his repo1·t. Q• A. Generally o v.r::1 ~n ' t that his report to you? Gene:rally, his conclusions, as I remember them, were that the man was a rnalingerer and that he had nothing wrong with him and that he was putting on. Q. Either mental or ~.bysica l? Yes, sir. A. Q,. A. Therefore, the conclusion that you made YJaS contra:ry to what Doctor Delehanty informed you? Yea, sir. A. So his report didn't enter at al l into this conclusion of yours, this new conclusion? There \'Jere many thing s in his report which eliminated and cleared up points that uere not clear in our minds as to other mental· and pbysical aEJpccts of the case. Q.. Do you knov; Doctor Fred s . Halsted~.> Yes, sir. Q.. A. Q.• A. Q,. A. Q.• A. \'1hat i s hi s specialty'? I think h e does ear, nose and throat. I don't know VJhether he does eye \'Jork or not, but I know he does ear, nose and throat. Did you g et a report from him? I have a copy of his report, yes, sir. I don't know whether it \'las sent to me or not, but 1 think I have a copy here. Yes, I have a copy of Doctor Halsted' a report here. Did you form this later conclusion of yours from anything tha. t he said in hi s ref)o rt to you? J:Tot any more than I did from Doctor Delehanty's report. \"fae against the finding of any mental t1·ouble vii th this workman, vrasn' t it, as he reported. it to you's A. . I cannot answer tha.t without reading his report over. - I cannot remember all that he said in the report. Q.•· .And his report Q,. The fact of the matter is, Doctor, that you didn't pay much attention to what these doctors in Denver that you had ref erred this man to said, did you? The fact of the matter is I paid considerable attention to what they said. A. Q. A. You weren't guided by them in any VJay, were you? In making a diagnosis, I make it by a process of elimination, and by reading the reports I was able to eliminate certain factors, which I appreciated and valued their reports for. �,, 12 Q.• A. Q,. So you have come to this conclusion, not from subsequent exami11ation of t:hi s workman, but from analyzing the reports that the~e doctors made? 'Not entirely. Aa 1 stated before, i t was from my correlation and my previous findings in this case, plus these reports. Hovr, on the 11th d.ay of September • .193:.-S , you stated to l)octor Ebaugh -- "It has been rr;y opinion from the very s-tart that the patient has malingered, especially as to loss of vision, and I am in some doubt as to his loss of hearing. This hes also been the opinion of other men v1ho h a ve examined him". A. Tha.t ,;;as your thought in September, 1933, wasn't i t'r Yes, sir. Q,. \'!ho is Doctor Ebaugh? A. Doctor Ebaugh is considered a very high-class man in his profession as a neurologist. Q,. In what? In neurology. A. Q,• A. That is, in mental disorde1's or nervous ciisorders? Yes, sir . Q.• He i ta considered a ver:1 high-class man? A. Yes, sir. Q,. A. And that is no t your specialty? .no, sir. Q.. And, notuithstanding the statements of Doctor Ebaugh raaue to you, and the statements that Doctor Delehanty made to you, whom you recommend aa being high~claes men in that line -- you do, do you not? I do. A. Q.• A. Q.. A. Q,. A- l Continuing) -- you formed~ since you saw their reports ., a different opinion? Yes, sir. And you formed that opinion from their reports and not from an examination of this workman? I didn't say that. But you ea.id you hadn't examined him since'? I said my present opinion is formed from my past frequent examinations of the man, plus these reports. Q.• So you had no such past opinion on September 11th, 1~33? A. Uy oyinion before that was that the man was malingering. I am frank in so stating that I thought the man was a ma- lingerer. �13 Q,. Therefore, your opinion since that time, or your present opinion, is apparently formed in the face of the reports of these specialists tha.t you referred this man to? Wot en ti rely. Q,. From v/hat, i f you haven't examined him'? A. My opinion has been formed by the study of case reyorts and reading of a uthorities on similar cases, ane1 it is my ouinion that the1·e is no method of examination that can uemonstrate any subjective evi d ence of injury in this man. Q,. Why did you sena this -r1orkman, at your request made to me why o.id you send him to Denver to be examined by these doc- -- tors? In order to clear the case up, i f possible. Q.• A. Q, • A. You at that time had no o pinion of the mutter, and you weren't an expert in that ma tte:r? JJI.y opinion ~as that the man was a ~alingerer. What has occurred since then to change that opinion? I t1ill repeat what has occu:rred. I make my diagnosis by a process of elimination. I have taken into consideration rny past ex~.minations of the man, and my thoughts and opinions at that time, and the rep orts that were furnished by the Salt Lake doctors and the Denver doctors and the Mayo Clinic, and my reading of raedical books, books of authority, on similar cases, and that has molded. my present opinion. A. That has molded your :present opinion? Yes, sir. ~A. And it has changed since September, 1933? Yes, sir. Q.• ~- - And you are not an expert upon mental and nervous diseases? lifo, sir. A. Q,. A. Q,. A. Vlill you give me the doctor books that you have read, that you have referred to that you have read, upon this matter of mental disorders. since the 11th ciay of September, 1~33'? I don't sup1)ose I could. quote all of them to you. I asked you for the names of the books. I say, I don't suppose I could quote a11 of them, but I have read Webster's Legal Medicine and Toxicology and Warbasae on Surgery. ~. Did they deal - especially with traumatic neurosis? A. That is the subject I was interested in. I dicm't ask you that. especially. A . . Yes, air. Q.• I asked you, did they deal with it �14 0 't. A. You read them. Don't you know whether they dealt ·with this or not? They didn I t deal i,•1i th this case. but they dealt with sirtl- lar cas es. Q,. Did they deul with tl'rl. s q·a estion? Yes, sir. Q,. 1'ha t i s t wo a.u tho ri ti cs? Yes, six. A. A. A. When did you read them , Do cto r-7 ·oh, I rea d them, one of them, within t h e l a s t week, because I thought -- Q.• To get .ready to t .e stify in thi s case? I thought I \'Jould b e called u pon to give an opinion. Q• A. Q, - A. Q. T'nen your opinion fro m these books has been made within the last ueek? lTo , sir. A. No w, reading these t~o books h a s influenced your opinion in this ca se, isn't tha t true? No, sir. They di d enl a rge my viet:point or refreshed rey memo1·y, b ecaue e I though t I would be called u1;1on to testify to -r:hs.t I thought traumatic neur osis v1as. Q, • You say you a re not an eJcpe.rt in that? ~1o, sir, I am not. J...• Q,. A. Q,. A. But you are a sp ecialist in eye, ear, nose and throat? Yes, si1·. That is 't'7.hat you ha.ve studied, isn't it, Do cto:c? I have studied general medicine and surgery. I serve on a lunacy cormni ssion, al though I am not at all an expart on insanity, and do not pretend to be. A Judge of a court serves on a lunacy commission, doesn't he? A •. Yes, sir. But I am not testifying here as an expert in this case as to mental conditions. Q.• ~A. Then what you have said here is not ae an expert? Absolutely no. llR. T.ALI .AFEBRO : That is al 1 , Doctor. �15 Redi:rect-examina,tion by llr. Galicich: Q,. A. Is tha t you i· o pinion as a doctor of medicine? It is. MR . GALI CI CH: 'tha t i s all. ( \'ihereupon, t h e wi tt1ess wa s excused) • -o- �16 ' •E . S. L.AUZ.ER a witness called herein on · b ~half of the claimant, being first duly swom according to law, on his oath testified as follows: ' Direct- e.xa."llin a tion by _hlr ~ Gali ci c..h.: ~- State your name, ulease. s. Lauzer. A. E. - • ~- ~"'.here do you reside? A. Ro ck Springs. Q,. A. What i:;; your profession? Physician and emrgeon. Q• A. How long have you been a physici an a nd surgeon? Since 1905. ~1 - At uhat place'? A. Ro ck Spring s. ~- Were you in vyoming all of th~t time? Q,. You ere a g racluate of vihat scr.:001? University of rJebr.a ska. A. A. All of that tima. A. Do you krlo , ,-1 the injured vlOrkr,ian, Yuasil Levkulich? I do. Q.• Were you ever called upon to treat him in your professional A. capacity? Yes, sir. Q,. I will ask you to etate whether or not you uere called upon to treat him in your professional capacity during the month Q,. of October, 1931. A . . Yes, eir. ~- On what date? October 16th. ~- Where did you first see the w01:·kman? I saw him first at the hospital. Doctor Sanders went first to the mine and picked him up and brought him to the hospi- A. A. tal. A. You say he was injured in the mine'? Yes. sir. the Lion coal mine. Q,. Did you see him the same day that he was injured'? Yes, sir, I saw him after he entered the hoepi tal. Q,. A. �Q,. 17 State to the Court whe.t you found in your examination of the workman. At that time I found he had n sli ght laceration on the right sioe of the head, somewhat over the :right temple, and he was bleeding a little from the ri ght ear. He was in a slight stupor and a state of shock at the time. Yl as he conscious ox unconscious when you saw him? Ile was semi-conscious. Q.. A. Ho w lon g did he s t ay in that sem.i-conscious condition'? .About two days. Q.• Was he your patient'? He wa s treated by me, yes, sir. A. A. And by v1.ri.0m else? Doctor Sanders. Q.• Doctor Sanders is your associa. ie? Yes, sir. Q.• A. Q. . How long did you treat this man? trea ted him right a.long. I lwve treated him until the present time. A. I Q, . ·when did you last examine him? The d&y before yesterday he was at the office. A. Q. Did llr. Levlrulich suffer any disability, any physical or oojective disability, as a result of that accident, and for A. He was -- you mean how long has he been di sabled'? ~- Yes, how long was he disabled, that you could show and see hi a di ea.bi li ty? Re left the hospi-tal on the 24th day of October of the same year, 1931, but at that time I didn't figure he Vias able to work, and it has been going on up to the present. We hever have been able to decide -- that is, at least, I haven't -whether he has any physical disability _notJ or not. ho w long? ,A. A. In your examination of the ~orkman the day before yesterday, did you f i:id any disability whatever, either physical or mental? The only thing I could deciq.e anywhere near was that he had some kind of a mental depression. ·o ut what it was, I could not say, but as far as any physical defects, I couldn 1 t find any. Q,. A. When did you first discover this mental di sabili -cy? Oh, i t was sometime after he went home, but I don't know hov1 long afterwards. ~- �'-:,. 1.8 Q, • A. Q• A. Q.• A. Do you have any idea. as to the a.pproxima te time? I:To. I think -- that ia, he Ymsn't entirely -- well, I just couldn't say, but sometime after he went home, because he was sort of depressed while he was at the hospital, and then we thought we would let him go home and it v10uld p:robnbly clenr up a little better, but i t apparently didn't .and i t is still there. \'! ould you say this mental condition is the result of the injury that he susto.ined in October, 1931'? Uo, I woul dn't, bec ause I can't prove it. I don 1 t know. VJha t i s your opinion in t he me. tter? :fuTy opinion is that I have a l vmys felt tha t there must be some connection between his mental condition now a nd the accident, but I never could p oint out a nything t ha t I could absolutely stand on by any method of examina tion. ~A. Do you mean physically? Physically or any other ..-ray. Q, . 'Ghat i s the extent of this man's depression or mental disability'? Does i t incapacitate him partially or totally'? It appa rently is total. At least, he feels that way. A. ~A. Q,. A. Would you say that his menta l condition is pennanent or me1·ely temporary? I don' t k no w. It has been going on so long, I don't know whether it is permanent or ,.. ,h ether i t is something that still may be cleared up. Do you kno \i ho w he sust.ained his injury? A timber hit him on the he.ad. ~- The examina tion showed that he was struck by a heavy object? A. Yes. FIR. GAL!yICH: You may cross-examine. Cross-examination by :Mr. Taliaferro: Q,. A. Q.. A. Q,. Doctor, all you know about any mental disorder that he has . is wb..at he says himself? Th£i.t is all. That is all, but we can't prove it. .And you don't know whether 7ihat he says if feigned or fraudulent or whether it is true? No, I don 1 t. I don't kno~. And your conclusion was entirely drawn from v1hat he tell a you'? A. . Yes, sir. ~- Are you an expert, Doctor? Ie that your specialty -- in mental and nervous diseases? �19 Q,. A. Q, . A. You concurred with Do cto1· Wanner that this man should be sent to speci E~li sts on nervous diseases? Yes, eir, because we felt we were not able to make a neurolo g ical e:iran:lirrn.tiou. You couldn" t f inci any evidence of mental disease excep t what he told you? That is all. Q,. Do you know Doctor Edv1ard Delehanty? A.. Yes, sir. A. Vfuat is his re·o utation os a ·mental surgeon a nd physician? He is one of the highest class men in that line in this viesteJ:·n country. Q,. Would his opinion have influence \7i th you as a physician A. Yes, Q,. and rurgeon on e, mental matter? Sil.', it t !OUld. I nould say it tJOUld. -~. Do you know Doctor Halsted? A. Ho, I don't. I hnve heard of him, but I don't know him~ Q. . Do you knoTI of his reputation? I have heard of him by reputation~ yes. A. Q,. Yiha t is i t? A. IIe ii.; e, nose and throat specialist, as I recall it. Q• What is his reputation in that field? I t i s go o d . 1. . Q- A. You don't kno w hira pexsonally? Jfo, I don tt. ~- But you do know Doctor Delehanty? A~ Yes, sir. ~. Do you knou Doctor F. B. Stephenson? A. . No , I don ' t. Q. A. Do you knov, anything about his reputation? can 1 t say that I do. I A. Do you know Doctor Ebaugh? I don't know him personally, but I know him by repute.tion, a.nd I hD.ve had correspondence d th him. Q,. What 1 s his ep e ci al ty? He is a neurologist and psychiatrist. Q,. A. ~- That is, mental and nervous disorders'? A. Yes, sir. �20 Q,. Wh a t is his rep utation? A. Very high-class. Q.. A. ':lould y ou b e influe nced in forming an opinion by wbat he ea.id? Yes, I Y:OUl d. Q, ~ In a mental case? A. Yes, sir. Q,- A~ Do you know Doctor Kerby of Salt La ke Ci ty'"t Yes, sir. Q.. \1!11a t is his specia lty? A. x-ray. hl1a t i s his r eputati on ? Is he s killful in tha t '? Q,. 1 A. Yes, sir, first-class. ~- In the ex amina tion of an x-ra y, woulci you be guided in any -way by h is sta. tements? Yes, I \7ould 'be inclined to accept his diagnosis. A. Q, . A. Do you k now Doctor Edwin '1Ianson Hehe r? Ye s. A~ Wh @t is hi s s-p ec i a lty? bye, e&r , no tie a nd thro at . Q,. A. :Co you k ncVT him personally? Ye e . Q,. A. \'iha t i'i:3 bi s stunding a s a s i:iecialist in that regard? High-cl a ss. A. 0. Would you be guided a good deal by wha. t he· said? Yes, I would, in tha.t line. Q.• A. I mean, in that special branch of medicine e.nd surgery? Yee, I would. Q, •. A. Yes. Q,. Q.• A. o.,. Do you kno\v Doctor Foster J. Curtis? Of Sa lt Lake Ci -cy? Yee. What 1 e hie specialty? A. Ee is a neurologist. q. Mental and nervous diseases? Yes. A. Q,.. Do you kno w him personally? A. . Yes, sir. �21 \'•·1'J~ ,">~ t 1• 1:: .u :t. s l" epu •, P,t1on d iseases? Ve1."Y hi g h-class. ,h, Q. . A. Q, . A. .,_ • £t B a speciali s t in mental and nervous '\':'.nat would you think of 1:1. r e_port made by hira? Would you be influ e nc ed by i t? Yes, I YJOUld. I would g ive i t deep consideration, at least. You t h ink they a re worthy of con s ideration? Yes, sir. liJL T1\LI 1\Jl .ERRO: 1 Tha t's all. Redirect-examinati on by t'i:r. Galicich: Q,. A. Going back to the workn a.n, Y!as il Levkulich, Doctor, in your opinion, would you 0ay thi s ma n is a malingere1· or tl1a t he is actually suffering fro m a mental d isorder-? I neTer felt, a s I sta ted befox·e, t b.at he was a malingerer, entirely. There were some thing s tha t he exaggerated -no que stion a.bout it -- b ut ho w mu ch , I couldn : t decide. Q, . A. You wou.ldn 't s ay he is totclly malingering'? Q, . Do you feel thexe is a mental disability in addition to lTo , I VJCI u l dn ' t. ma lin g e ring? do. Y e 1;: , I Could ~rou e sti ma te that, or in any w~ give the Court some idea as to how much you think is put on and how much is actua-.lly a m~n t al sta te? I w o uld □ 't even a ttem·o t to, because it can't 'b e done. We can't measure it. That is the reason we sent him the last time to the 7.f ayo Clinic, f'. nd they couldn't cl.o it. TI!E COURT: Is tha~ Mayo Clinic report in the file he.re? MR. TJJ.IAFlIRRO: No, sir, I don't. think so, but I wouldn't object to i .t being put in. UR. GJLICICH: Yes, that is agreeable with us. ( Whereupon. two papers were marked for identification as Employer's Exhibit C and Employer's Report D). :mxamination by the Court: Q.. A. What i a your interpretation of that report, Doctor? That there is some relationship -- they feel the same e.a we have expressed here -- that · there is some relationehip bet ween the injury and his mental attitude, but what i t is, Vie caa 't substantiate, and there ia no wa:s of proving it. �Recross-e::i:amin a tion by Mr. Tulia.ferro: Cal line your attention to the last p&ragraph here -- "The presumption io thn.t injury induces r;tructurc:.l cru:inges of a sufficient cegree to alter ou:r oubj ecti ve processes" thu t simply raer,n s tl-. r. t there is a presumption? A. Yes. o.., . (Contit'ming reading) -- ''but we are not in a position to find. pbysi cal signs to co rreSiJOnd rii th thernu. Exactly, anti th& t u a s our thought -- we coulcln I t find it. Q,. Vlas tllat ;your thought? Yes, ..,ir. A. ]lB. . Ti;LI .iili'EP.IiO: co ncernec.. Tha t i n a ll . :Do c tor , eo far a s I W!1 Examination by the Court: Q,. A. Q.. A. Q,. Doctor, are you £..cquainted with these traumatic neurosis • cnr.ies: De you usually find :physical syrup toms to explain the n.ental condition or not? '.i'his trr:;.umc:tic neu.I·osis is a co m:pa·utively recent di:::;ease, ruld. it is rathe:r indefinite. Ti1at is, you may have an injur~~ to a leei and you h av e a peculiar lot of sympto·ms there and you c~n' t account for them in any other way, but because you have an injury it ~ould be prob&bly classed as a traumatic neurosis. In this case, the injury is to the head. ancl these peculiar conditions have come on. I knew thie man before, and, of course, he was a little below normal intelligence then, but since then this bas been agbravated, but whether it is the &ccident or something else, we don ' t know. You at one tirae thought he was a malingerer, di dn t you'? Not entirely, no. I kne\"1 some of it was, but I never thought he was entirely a malingerer all the time. You still think that part of it was ma.lingering? A. Yes, sir, I think part of it. Q,. A. You th.ink he is putting it on? Some of it, yes. Q,. A. But you don't know how much? Mo, sir. We can't differentiate. THE COURT: That '.s all. Recross-examination by llr. Taliaferro: Q.• Doctor, in Doctor :Delehanty ' s cross-examination in this case, on Intcrrogato zy No. 4. which is as follows: �23 A. "State and e:xplain what is meant by traumatic neurosi s 11 and, in answer to that, Doctor Delehanty says thi a -" 'Traumatic neurosis' is a term applied to a train of mental or nervous symptoms which develop following · an accident and tJhich are caused by other influences than trauoa".. Yes, that is true. Q, . It may be caused by other things except the blo\"ll Yes, it may be caused by other things. Q,. Arthur Lee sugge0ts this question, Doctor -- May not neurosis develop from a malingering and apart ~rom any a.cciden t? That i ·s possible, yes. Q,. In other words, a person can think of himself having a di -· sease and believe he has a disease v1hen there is no disease? Yes, · tuat is possible. A. A. Q,. A. You heard Doctor Wanner' s testimony? Yes, ::ir, I did. You 11 stened to it?. Yes, I did. Q,. And he said in his testimony that a person uho is a malingerer and i:1ho has thought about his condition ·and who has made himself nervous in such a uay as to affect his mind may clear up \7hen it is definitely determined that he is .to get compensation or that i t is definitely asserted that he ·is not to get compensation. Did you catch that? • Yes. Q,. A. In other words, either one way or the other, the matter might clear up? Yes. That \"lOUld be the man 's oYm thought, wouldn't it, rather than from the trauma? A. . Yes, it appears that wa;s . Q,. llR. TALI .AFERRO: That's all. Redirect-examination by Hr. Galicich: Q.• lfo.w, in thi .s particular case·, Doctor; you are well acquaint- ed with the matter as it proceeded in the courts, are you not? That ia, you remember v1hen the case was originally 1:iJ'et for hearing in l'd33? A. Yes. ,. A. Yee. And then the man was sent to the doc to rs in Denverl �24 Q,. A. Q,: And after the 1,eports came back, the matter was dropped, so far as the man's claim wae concerned'? Yes, sir. A.~d after the case uas dropped, did you notice any change in _ this man's condition? A. l~o, I didn't. Q,. In other words, the1,e was no change in his condition after the case was dropped? Mo, it didn't seem to make any d.iff erence either one nay or the other. A. Q,. lfow., Doctor, going back to the auestion that Arthur Lee suggested, you said that a man could suffer from traumatic neurosis even though there ~1as no injury? Mo, I didn 1 t say II trauma tic neuro si s 11 • It" would be just a neurosis. Q,. A. That is a di f:feren t type of neurosis? Yes, that is a little different type. Q,. A• Tha·t is called \7hat? Psycho-neuro ei s. liR. GALICICH: That's all. ( Whereupon., the witness was excused). -o- �MAR 9 - 193s !1:r. !}. ih11 .Llu:tr ~it,y Dear Si:r : Your lGttcr oi' I:.l~ l.'cl'l '1th 1s DG!:'0.,: 8 mo o .l-1.S I UllLi.0'r-f)t~i'.Hi the t;or..1p <Jrrn·1t1on L ari, t110 pur11osos ror t7llich Hrs. ~ ti~;ick1 t:isn.cs t11c 1·ili1p ~um 1-H;,~r!f ou t Z:re u ot cont o:npl atct¼. tJ~ tn:.; 1aw as 001:ug ooJects .i"oi:· 'i..l11cn lmup suw f.1l\Ywx-m'c-s \':i l l ·oe !!mcte, i:mct I i.3ra c 1 rcrLc.i. tn:.:t i.t 1 consEmt ed. to 1 t, I \:ould. be s1:;tting a :1•ocvuell. t ttrn t .. ould give m0 unto..l,.:; t rouble, cJld ·t >rin~ mucn critlei t u 1.l;}Oil ,jJ J b,Gti:·· . rjicw:··1 ::. c0::::i,-?rJns:st:lo {.;.\"; Q;."d. is t;.ot iut'.:::ndcd to oe used L, puying i'l0r nt:rnb~s.~1c~' r:s u 'Ot~, r..or is 1 t int ot ueu ·t o b~~ ·u;:od 1·or _:;uyin_:, 8.UY ctcots. Tu0 f;t2.tute 9t'. r·tlct1.l::rly st c t ,e s t .ne.t no ·,02·tion o.r this .runct. CEll yas~ l:ly r:tt.:.cooo.ut , or miy o'th0r op•:'.::r..s.tion of l~n.-,·1 Lhic.i:l r:ou.Lu include, of cours~: contr.:!cts, ,.:greemer..1t.s, etc . Tho oo:noy is pro. 1 to t:, sui ·v iving rddo,•, mo21thly .in 8:ii,:\ctl~1' tµv s:::.tw u .y ~r.-t pension rJoncy is paid., i;;ith tne proviso t11 .... t ~1 .i.uo.L:; su~ :01.:s,- os ootain(;d if t.nG coui t fi..nds ntne reces si ty thereforn. A 0 0 I feel. tn&t ever;; coc.l o~~I'E.tor in th(: Southern 1Jyo1:I1il1.s Associ.:.tion r,ou.La. ba utterly oJposed to tne i.;n.yi:H?:nt, 1n ::i luill~::- .SUID.9 or arq or tnis c:\·,arti. for t.a0 purpos&s n 2iu1ec..i. in 3·our l!_1tt c.!' . Lt' · your re ·.,uost in this behcil f should nocowe ~ frre c~<:hm t, the11, of course, evor:y surviving -:;; ic.o-.: roce1 vlnt; aom.I.)0ns,:rticn at, ,;U'ds ~-ould De;;. oo:.rnt . oy twr husband's crectitors to give h e:t· money to p:9,y .nls d.obts, au .... tne~~ crea.1 tors r;ou.1.d c.:_u•e i i ttle i.r tnc: \?idov;s th•3 y u~ti hounded to death snoulci bG:come· nolici tors of l'..ll.1-blic charity, a1tt d0p~nuerit uk-'on our cities one otncr munioipr1l corr,ior•;~tion.s i'or tuoir ct-.:ily oreul . I s:·. oUlti v ery ;'!Juen .Lik s to c1eeomou~te you i:r.1 t.tli $ t:;:.;".:.tor, nut l am positiv0 t.l:l ~t; ti\j" e:rnploye:rs ;;;ill. ex;, i·~ct me ,Go :,;:ro'tGst. the grtm.t1~6 o.t c:i. lump swa .±'or tn~ pm..-pot.1~:~s Dt.b0.:r.l. .fr;. you1· 1 ,3t·t.~1x· o �WA.L,TEh A UOIH Attorn.ey .at Law Mr. T. s~ Teliar0rro, Jr. Attorrwy at Law Hoch: Spril'.!3 s., Uyo..1ill5 J·csop11 .Katich, r'hil o •lwployetl oy t11B ~ Cool Qoillf ,,-:-:.lly at. 1Jl [.i i1•t,0 0. n tl. S a coal. mi:n01', t~'CfJ __,.. i:.e_;.t.Ci:H)C::l' 7tx1 ., J.9aL-, k ill O' t bJ a !'U!lt.:iV:zy Cur, His \'jif'<:,, Kr.. t.rwrine K2ticn, and ti.i~ ct1iL:1ren .:: 0r-0 :J.\'., 1::. '◊Gd co@}; e-x.i.,sa tion 01. 2- ccouu t 01· .tll s cwntn, 2..uei iJ~ s. ltatic11 h ~s b l;en urowing J iG.00 on per r;ontu. Sue ila s a s.Kea m'.2- to ~G.li e i•.r)Pllc~.tion to t1.1e court for·· a lump sum arwr ct to p8. J some of tn.cir .c .1.' ~ :.... ltors. Prior to ·t.uo de~\.th o!' Lir-,. .liatien, the .follOi'.'i.ng a ccount.s 11au ·01.:~n lncur r eJ., viz .~ ·:rne Supsrior LUIDLJGl' t;ollipany, ~tlG. fi ce on a.ccount, '.;)£88. 29; ?l(;lllori stone lirocery .:2nd Ii'illing Station, ) 90.66; O. lionatto, bel 2nce on account, Jl8.l5; . County Treasurer, t~....~i;~, t.;,<15. 09; Tony .i:Jegovich, c&s.i:1 loan for r€J.rlodeling 11onw, ~)250.00. Tuere. is a..Lso a oalence due on ~ccount 01 funcr3.l o.xpcms~s to tno Hoge.in £:lortuory in the sum o.1' ;~·114.00. Tnese clebts rmount to :;.;ao6.l9. I::Jrs. Kati cl.1 r:oul <' like to h ave enough mon0y tmnrd.ed to her to pey these debts. I r;onder i I' yoti i~ill h~.ve any objection to (:;ntr.:;ring into a Sti 1tul c:i tlon Xor th,J ,.}lt Jifili.:mt 01 Go. J,ump sum to lLrs. E.\:it;icll, eo t.tw.t 6.i1t3 nwy liqaic!ate the rore~oing, .1.nciGOi2d.nos.::;? Tnought I S.i:l OULi tt\AC tnis mi:d;t,ar• u .;., \ i tn you Defore 1'iJ.inci no:t' &.l-)£..).l:i.cf-.t1on. �.-, :·,. l .: ' ._ :> Rock Springs - Oct. 2, 1933 (1' /6 / I Nr. T . S . Taliaf2rro, Jr.: ---- I thank you for yours of the 30th ultimo regardin{; the case o:f r.1 r. Levkulich. I think it i s a goo d thing to send these men to outside a.octor s once in a wh il e , it ve,,.y a p parent tha t the local doctors ano t he oocto r at Gr een Ri ver who exam ined this man certainly v; ere wi o e of the mark in their exam in a tions. V �Ro ck Springs - Oct. 2, 1933 Mr . l~ug ene I·:l cAuliffe: You n ill be interested, I am s ure, in the attached letter from l'A r . Ta lia.ferro. this c ase being the one that Mr. Taliaf erro c a lled your- attention to, th&t Dr. dhalen had been aske ci. to Giv e an o p inion on. I presume .Ll. J.. Tc:i liaferro me c;;.ns Dr· . .Nilsson when h1~ refers to the Chief ,, V urg e on. �ITAHOAID FORM 2103 IMt-l0,000 THE UNION PACIFIC COAL COMPANY Rock Sl) ring s, '.'/yor.iin g . IN REPLY PLEASE REFER TO OFFICE OF Se ~t ember 3 0 th, 1 9 3 3 . NO. Attorney .i'il.r . E u g ene :Ii cAul ii'f e 14 16 Lo a~ e S tr e et Omaha, Ne braska Mr· . Ge or b e 3. Pryo e City Gen tlemen: I t h ink it mi k,h t i: > e o f i nter e s t f or you to k no w t l w t t he em11loy ee o f t h e Lion Co a l Com_!Ja n y , ':"as il Levkul i ch , iNh o c l a ims p ermanent oi sability o i' a ra t her ••to tal " na t ur e , a nc... who wa s l:3ent to Loctor Wha le n by t he Count y Attor ney , btnd who L octor \'lhalen r.J.o. Ge the rey ort conce r ni nt, 1Nh i ch vJe ha c.. s ome corre s11onc. ence E._l1 C., a lso convers a tions, wa s s en t by t h i s o f fice to four E~ ecialists of u i d e re puta tion a t De nv e r, thes e spe cia lists bein g :::y eci::::. . lists in f our c.. i ff er ent b r a nch es or feat u r e s o f the ir p rof ess ion. A close examination wa s hel d upon the wo rkma n, c lai minL :h i s ciisabi 1 ity o r i 6 i !18 . te d f ro m an injury in · t h e mi ne, 2n d they aJ,.l a g ree th 8 t hi s alle t, e d c..is &bility h a s no connection wha tsoever with h is injury. To r.iy min <., , this sho ws ho w nece s s a ry it i s tha t once in a wh ile we a c.. oy t thi s cour s e. You \-1ill reme:nb e r in the Koprovrnki case, t wo of the ::::u r 6 eon s in s i s tee. th a t t h e man h '" o a fracture d ou ck, <.. ue to a mine a ccident. I tho ub ht tl1i s w~s not true, out I was f orce d to s enc tl:.e v:ork ma n t o . :. c. l t L i::.11 e, to b e e :xamineo. oy f our c.o c tors the re, anc a lso to t ak e t he o eyosition E of some four o r five cioctors in Denver, who hac examined h i:n, 0x ith the re sult that two aoctors claimed hi s oack was broken from a mine injury, anci seventeen . claimed that there wa s no evi6ence whatsoever that his back was ever broken. Yours truly, T. Chi -=!f s. Tali&ferro, Jr. I think it mie,ht oe auvisable to show tnis l e tter to the Sure,eo n: T.S.T. TST: g a COPY � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Workman's Compensation Lion Coal Corporation 1933 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1933 Subject The topic of the resource Workman's Compensation, Lion Coal Corporation, 1933 Description An account of the resource Letters and court transcript's pretraining to the Lion Coal Corporation in 1933. The documents are held together by a brass pin. Some pages are faded may be hard to read. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource George B. Pryde, T.S. Taliaferro Jr., I.N. Bayleess Identifier An unambiguous reference to the resource within a given context 1-0230 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/fd2c62f9acb09427d1f2c0e459e0302f.pdf 3c9cf028e99a5ad881c64e613074546d PDF Text Text SPECIAL FILE NO. 61 THE Ul'UON PACIFIC COAL CO:MPAIIT Index to Correspondence Including Reports Regarding 1 9 5 0 P ER S ONAL I NJ UR I E S �INJURIES FOR YEAR 19 50 NO LOST-TIME LOST THIE FATAL TOTAL Rock Springs l Reliance 6 4 Stansbury 12 6 l 19 Winton 2 1 1 4 · Superior 6 7 2 15 Hanna. 1 2 1 4 28 20 5 53 1 10 �195...Q._ PERSONAL INJURIES B ·----:-------------------~1:""iN~o~?:-;_v_;:__~"i-f-ry____ , Date )/1,-/. ':..:lifo fri Nrune I 'Bf-Jtttf@. 1-i ~ 1.omr: 1/5't> i BM~~&t-1-, ~G«?b& t.. l'Jine lvJU. /IA J. jLost iTime I ! Lost Time iFATAL 1 4f-;/ hJrJ T :::d=to..%. r'f $611-PJ i.i.:.r.=--;.._,~----.:;.i:;..:~..-.;;;,i-,.;,__,w....,._ _ p;.,;5,g~ ~~.;;.:.r..:;.;....i-,.:.~~~:.:.-..:.:....~.J.-·_ District -f'iffte __,i.:.:'rf~ b11r __>...,;1..... t1!f ____....... G_1,..1... ~ ...~ ....&-_""""""'_;--_-;-_---1 I/:Fl I 4FIf., i i"rr?;K·---...~---------.......~---'"'"_ -jp.-----.....--i------"........- - t - - - - t - - -V--+-----1 /JV6. 'l-. l!~t. fr!- to i 8 U~l)u€ fli L-- o. fC,f. IP-Sb i r3(ftJIJ.J;/.) £11r/ f};. "'1' ~ 5t/fl'J y_ '1J, �195 0 PERSONAL INJURIES -C ::ieveri-r;y 0£' Injury No ._,. ....Date i.--- • . ~ Name - lflpri'. 3//tP! Cv1fl-t 1,iine itost Lost I l District fTime Time FATAL i £J1A1:~r ~- ~r; .¾_ 1'J ;riff- j lv J;./;;~,1,/_ --/F3 £611,l'J 0°1-trl St3vt'<V ✓ o,eo .M - 1tY/5~ r Jut-, ;t;/.tfoi A/111, C/JJ-J/t.t, PMf<llK JJ/~o : {,ole fJD lllt ftlhl £t: I/ .), ~) Pl Jrttf /..v/Jyi'.:',¥ ! - vI ~ v--- ,/ il i : i : !i I ! i i 1 - - · - · ·· ~ ! r - i : ~ ------ ~ I �195..Q_ PERSONAL INJURIES -E i:ieveriuy Of Injury : r-Jo Date Name Lline ~ PM/?.. ?-o/5" fc.cl/~f? ftf, JtJ/50 t1J11»1, ~13£~'1' fl?J/11C> 6. *1 561rl'7 :rf'J'i-;,/~IJUr(y f.5i Pl/Ht rf6t-/lJ;,jctf" i -· v I i ! .i i Lost Time !FATAL iLost lTime District ! i! v • ~ ! : r i-~ - . ' i i -· I' ! �195_g_ PERSONAL INJURIES -F ;:;ever ivy Of Injury -· , No Date Nrune -· --i-l S"o f IH-1.- &-r-rJ t. ~ w,16,-J c,~ t)e{, t/50 f olf ~JJ/Jw l 6DJ.Ja~,j ) 11;-/ j ~ 1Iine l-JF--~ § &"/;('1 ; District j YTf.1,./J0 : : M1'.. /3---51J, f 11 (3 JI)-;/,, ?,Got?!.~ i! ! ft>tµ~ fL4-Nf I Oo~r; ~ <f/M- ~Lost i Lost ITime !Time lFATAL Uf<,Y ) i I /(tJ{J( fft?Jnltft i JU/Jt/fJOt<, ~ . !! v I --·1 i i I ii i i ' l l ! l - · i i i . _ _ , _ . , . . Oto. i i I ! i ____,, _. _ I v, I ' iI ! I !i I i i I : �195 0 PERSONAL I NJURIES -G i:ieverii;y Of Injury i i .)VN p • Name Date .___ .ine ......-.. __ 5/so &O~J.Jlk )otf- /lv6. 1').--- 5'o bt)t) /)W 1,;/ CARL. ! District No iLost i Lost jTime l Time FATAL : ,,,,---- ,_..,--- Dbc, *rJ f t(.}r>, t j V 11:fft? I o a_ A? C. JI::",;1:;_ ((fim I ~u ,,~ I•- I .,.., '- i ~1 i i ! i I . i iI t iI __,,_ ! 1-,..• l I t : i- - 'i . : : �1950 PERSONAL INJURIES H .:)everl.i,y 0£ Injury , No i Date Nrune Mine i District lLost i Lost !Time i Time FATAL ----===::=;============~1=======~======;==::j:==~====1 ! f)OC 4f'fl S{JrtfYI i--c-. --•· __ _ _,.__ _ _ _ _ _ _ _ _ _....,....,._ _ _ _ __.,._ _ _ _ _--ll---.....;..---+-----i ----·----i------------..--------------+----;;---~-----; -·------i~----------...+-------+------+--+---+----i �- 1950 PERSONAL INJURIES -J .:iever i-cy Of Injury - - No Date ,___ )UN 13 Nrune ~ l Mine ~ It/)! A/pt'. 14/.5!) l : .. _ ) 6R~B i J Air-A- fiJ I i ~ i CJ~ >8At11i )1lb,}<~ )bG1,,U)J 86.J.Jlir'I 1,.J J.,.. I I ' I : ~ 3 ~6/tl'l Ii t//1 v iTime Time ! i ?flbl.J/JP~ t/ .i ,~ l ,~ i i. i! i ! i Lost iLost Distr ict - ! !i I : ~ : ' ~ : i ~~ ' i : ~ .. . f : ! I l i i! ! ! ! i l ; i i j i j I FATAL I i l �195..Q_ PERSONAL INJURIES -L i:)everi-r,y or Injury No )Lost l Lost Date No.me t.1111 e, vtJlfO. C,Ml, h PJAI<. /IJ/ttJ 11ine #-'3 5£;:J-/>] District lTime l Time FATAL i i J"f/}/V,/ fl U{<'J i i / i ii ! - : !i ! I i l - l i ·-·· i ~ ~- 1i------~-- - ! i : - �' - 195 O PERSONAL I WJURIES -M ~ever i;;;y Of Injury Date Noone .: )~,/. JJ-~/J ! PJ r {)v H Mrl JA-CI<. cMn Afi<. "l--/-~o -r l>IA{r, CJ-5t> i i?J ,4 /f7 Jn/. C./1-fllf 1,6; ,;_ : I l l Am. )J--50 ! fJc C~l'1B L, , (?v/J. 6.J w, l i ;)v,1,, /~/{() ! fflfl~11N&- i- tJ OotfD i liiine District No iLost iTime ,::ff'rJ /'I /Nf:' f?&t l/ltvc.e !v Doc_~tt:-r; ~-t.&4f1. ' II >V/JGf? Io~ . i -: -· I ,il<" //C)' IJ ~.., i It=.<., 1,efi/>1 l >'JM<i4v~ ,I i If;/ /'J }l,/tf t?Gl ;I/Nc& ! : j i v Lost Time FATAL I~ ! I vi I ~ i I : ~--·· ! J i ! ! i l l i ! i ! : : ' i �195 0 PEitSONA.L INJURIES -N Date AM. i- -· Name ~ Mine ~ 7,.1,,..5~ i No/J k J i Jflf'llul $ 1// 1} /t})t>/8 i ttc. {- -Sr, NtJfi~ tr~ GMt. ,4_ ! #- "'3 .>tlt r'>i l:ieveri"TiY or Injury i i ! j District No Lost !Lost : Time jTime j,/ ft/yr/J4 ,_.,. ! f'1{/,-.I.Sr3 uN i.---- 1 FATAL l i i l i ! I ! p r -, ~ T· ~ i : l ~-· i ---·~ ~- -·· ·· -· ~ ·- I i I I i I l i l j ! i ; i: .. i i i ! i i ; 1 " �195 0 PERSOMAL INJURIES 0 :severi-r;y Of Injury ; NO !Lost Lost i l==D:::a=t=e=:::;::===N=a.m=e======~~-=--•~ - _: .:::~; ~ .:~ -e==~~D=i=s=t=r=ic=t=::;::iT=i=m=e:::;:T::::l.lll.:::::.:;:e~i~F='A=T=A=L=I I otJc!fr? 5t&trJ I fvfJ£molf'< VI ~ ·.•- - + - - - - - - - - - - - : - - - - - ; - - - ~ -i i �195 0 PERSONAL I NJURIES -R ;.,ever1uy Of Injury ! Date ·-- l/!l{r.:..{3!51) Nrune ! Rbt-t l,./.f, J ,A1111<5 Gv~e,!o/G -tJv'1/z',.~I~,)IMM . 9-s'O ! I? tJ u ?.U- i.v.4YJl.t: )v>-1 1.6/fo! f?M ;JJ (o.rl I Dist rict 11n9 J./:. /rl(.J,1 J )jIJ-U.-- 1--.t~ ! {ro5~&1-L-- Po;J1ruJ f:. ::J/;I fll Wlf * t/-A i i fl6t.1r-rl'/~ ; No !Lost l Lost lTime j Time i I I I AIP/1, JJ--s'tJ f?v J L.f-. t-t- Lv1t-u,;n t~ i l .lf-3 ; tf}J17 f 11/;/jt3u1<y P-q ftllrt1 ; .fu/J~/i'IOR ii ~ i ! !i : -·- ·-·- ~i v- ! - l L i /} vJ, I ! I II1t JJ1n'14- ! i Oo 1P"'1 };;_ 1~l f v (Jtf-~10 /?, ! V f1JJI'/&- ~, 1,~ 1 FATAL ! i : ~ ! l .. i ' I I -~~ i �195..Q_ PERSONAL I NJURIES -s i:>ever1uy Of Injury -- = .No . Date Name jLost l Lost l : liline ~ District · jTime i Time FATAL -fRpra rt11«. 10/>f-r- /~!J i <UGG'ff flf~l'l~.lfr r, .::#-3 $ (::;l}r>, )ft,./_ I17 /i)/W ~5--50 ! j~l!J-i., .JflfJiz. f';., f~. flu( . J--s'IJ : soWJf , f3ol/O >1/1.../.(8<.i~y ! ,~ ~ i ! !Dbc.$? {&//>] >II /Jc'/fJI)/(_ I f £12_,c_"1F/.5' fMPI 5v/&?;oa_ ·1-- !1 ! I ! l i i !; I v 1/ ! : - ·~ -- ~-- ... ..,.., __ ---- !: I i i i: l I i I i �195 0 PERSONAL INJURIES -T Nrune /JP{. jt},,-50 !-1ffu J 1lUJ />J JI(G ~·-· fllonu1( Nh,/~O - lline l ()1>t---!P/ 5' IC/4?7 j L/,A111Jt:: ! District i NO fLost iTime I> i1/ ~ ~ Date l:ieveri-cy 0£ Injury i u/J/f;«JtJf<- ef r;)-"Z,- />)/,//3 ~ w1r11tJ,'/ I! I ! ! i -- I ! j i ! ! FATAL l vi : : ! Lost Time ! I !! i i i i ! ; I - ; ; l I ! i ; ; ! I -~-··"' ' !; ! {' -· ! ; ! �195 O PERSONAL INJURIES -u Date N8.llle I --- Fine ~ ~ PJAA. 1-il5t> i lJ6111<1'&- lrst/r>ip;/ 8, ; l:ieveriuy or Injury i di=-3 tf31/fr} ; No District fflbJ { aw'<\/ jLost ! Lost iTime !Time i v lI I i !i FATAL ! i ! ! : i ! l I i i : - · i ! I ~ ! : ! ! j !' l ' ! j -1 �195 0 PERSONAL INJURIES -V 1:>everity Of Injury I ! , No Date Ne.me I.API? l/r- !,'o 'vltt/Jth- /ft?-r/lVR /}Vb 3~-t!J /II 6!t, Af>I Jfl:/>!;r/ If:. NH. 3!)-5'(/ ll/lt1n .>olh./ ~ Mine District i #; t f;/}rrJ ~3 ff-pftl j ff I i --, ~ ·- ': 1~ Sf;ff/J1 ' iLost iI Lost • iTime \Time FATAL : . !i 1,,,.,,,,,,f11rl/J!Ju~ i! ~ 5fFJ;y(,P.JtJAV f(;J;JJfiu~tJ v i ! s I I i I ! : : l _ __ __, : ! - ·· ·-•... : i ! f : ! i : : I �195_£L PERSONAL INJURIES w ~everity Of' Injury No Date )AJ. 1,.J/-ttJ ! Name /pn1n11cK Lii.ne District li Jf7J--~ .f(;;J.m y{JJ,./t,Ov/'(y ~ Jo&- i {) v(jItJ/!3 (f(?L., /'l/f-l/ J-.50 W C,LL/./- J t. l/,1JM £_ i ! fLost l Lost i iTime i Time iFATAL I l /r6 L/J9dl&- ~ ✓1 t/ i - ! l ·r---- -I i,-..,.. _ _ .._ ,,_, I i i l ~ : : f i : ! f l i-,. ... . . .... -- . . . . .f t ! j I �195 0 PERSOMAL INJURIES y ;::;everi-r;y Of Injury l Date Nrune lline District !di;; />11»1? i tf-64117'1t.f5 ,: No iLost I fTime Lost FATAL Time ·......-..s · i,-.,,,... _ - •.. Ot:r.5,,,-SD \/A 6/ftf< .t).Ji!;_ J:./,,,tJ I 1/l ! l i I i I i : i I I ! ~._,, _ -- ~ 1 I ! ! �195..2_ PERSONAL INJURIES -z ::ieverii;y Of Injury = ~o Date Name Mine District 1Lost Lost lTime Time FATAL d:F'3 56/Jftl f(/Jl>j { /'J v~ lj vd ,:i f>IM- ;&fo -Z..f>;il.01'Gt-t../, Dtc. ,~/s'o --Z.IJmAoH) /.f f,,,/a.v \,U. ,#:. - -.... ? ftffr'J f'J11a c..o S !Jf>&r? Jof? I lv' •~•• u~.--.""' I : ... . . .. . . . . . . # . ....._..,__.._._ ! ! - --··- - i i ....,._. . . . -" i Ii ~ i i ! ! : i � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Index to Correspondence Including Reports Regarding 1950 Personal Injuries Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1950 Subject The topic of the resource Personal Injuries, 1950 Description An account of the resource Documents recording all personal injuries in the year 1950 in alphabetical order. Documents are held together by a brass pin. Type The nature or genre of the resource Text Identifier An unambiguous reference to the resource within a given context 1-0231 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/fb613c9f8b958ba9e080f932c9eeb89b.pdf e346d04d5799c025defa9016e3b61bbc PDF Text Text n·JURY REPORTS HE LD BY SAFi.!.TY DEPART1~HT l 9 5 0 �5_ .. JAN . 'I 5' 0 - 9 I () .. 6 - --- - {,- - ·' !/ t-/ JUN s '-I_ 7 l 6 SEP 3 ~ OCT 7 NOV 7 £ EC ~ TOTAL ~7 JUL .. :UG - ... 0 _., - -:-- --------·- - - ----- ~ ~-- -- .. --- - - ,,~, )+. - - - -- �·..,.. ... ' ~: t- ~ • J .. , • • • ~ • II ,.; ·'· •.C ., , .... • J .. I....' • . . . �" .. ., -- i.t J " ,,. ... 0 • . \" ·:,.· '. ··. __ F. 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L. rocf ., r r aa..:ro ... o o i ®t. �n t,ho c co �;,)do::_;:!... 0 ,·,llL:LI''.!( I' i; . '.l. -,. c;.ou ! I " ;..r, Cl 'I f;::·: ...J.o ~ ,., '•J. ~ .. :l ..., Ii 0 ll.ar J.: ::.rt; . .~in -~r. .ro.,...,;; l'..i:: /\• . . C·i~l:~ C i~••vJ,i~ ~ll:.· ...f.~ �C ;;.:ll J ��12 r..,._:.:_.._ 1;. " ( co . n.Jor .xio i,-licco vl' ca· l �3 ��. -., ... --,. .... ,. .., Qc ~ • p • ~..1':fJ I.) i:u. c~1 . .:,.:;? i "J, ... •- '_.. o c: -~ ) ... .:..4;l.].,,; t:..'.:::J, '-- _, ,., .. ' ) o -.......-..; ' , 0. l ''.,.!, _._ :''t\' ~, l '') e -'- ~i~ a' .,;.n toi..l:~ {:.1· i Vt: •·..:r ts... C:?,,l .... .,.1iC~J. ,-.un -: t 0 oc:o:..rr . ., l fr;ll L. !l. • 01·.!.ov • aolld. .z~ "r:J ~ ;.J.tch 22' ~-~~c;l• Duo to ·t.no �.;:~ !-... • --1, ,"'" 1.,J • ..; .:. ,1.-"' ��;p -,\4) V '••· · • '-·\(~>~ , _ ~••;:;,,,,,,t'-1-<' Gilic o J?:.,nc~) ..: 0, wl • 11 ure. rt • ��{,'l,, - ; \· o 1Iu c~ •• .1 s.1l:::~_;!.:l~(.)n :...:1•., S . n~ ;. :..~:_:hD::J "" • . .lJ ,A;I : •-~•PC ''IC,, ,. V ~ ;,,.. •~..., ' · ,, "t rl'J.. )'I ,l...,1 tho pillor i:o C'.l-Tenc ��J. :"o : ........0 ~ - ~:-.. ~.~t.-l .,' t'"" ,.... u1 ._i -:~i f .Oi.i:\.,lt' :, . ,., J..j l o ... j pio o oS: 0 �0 ,. ��~ ... .': ~'1Q, ( :.. ·;:; : r .. 1,. oco.l :. • :; l ~· ~· . ,::IL<.J ' .. f . ~ e..~ oio rd ..tl . . • -11.i ..:1:n. r. C ,., ' crl .. 3 ', 1 'bar 1'1.. t 1 ,1 ,r .. -; .i .o u..:.,__.. .::, ' L~~ c.!J.U "'"'c ..,ilhr ,r;n·• ·ut •.. 30 . a.lid !. rop. ·.::er.) ..., ,. -tic Lcl.;i_ .;u ~ ~o .. .., <l' co_ ..,ccro ~ ·;ic UC �.:.;. V-i.t:;_:o • ;·:a~:.0:1 c~o~c:;} ..... • �..>f\ ~:~ vi?1,~o t~~~ ~ ' f. .• - 0 lnjury . -.,;. .., . , -... r..~~~~ ,-!'.Lon; �(...,c ""' L.:-' .. . ,~ 1.., ,. ::1-.:·;~t:~o-- n ,_ r. ~~ ?1. :.·Jj:~c '·::o t .t"1 ~'~"C!!DO olc' ) 4 l~,..J • cri.u I c• ~t!::, < • ... :.. ., r ~ t, �.. ,• ~1•' •• r • • I~• _,, ~.'.I ��~~ . Co ~s i.! ,G~c·G U 1 ~~" lJ ~ ",.'l~f\•ll.Q G,"L•-i 1'1' ..,, _1,,J_.,,. '',-,•·po ,,,.,t"I·~ ..... -i. · ~ -----' ¥ - .;:.~. . c . _·: ·• • h ...c 1 .. G> • t ''it, -tall dopt:1 <- .o ..or- d' 1_o . -· . ,...... t:) 1•.,11 : e J:u,..:;~1,P , ... ll.. (t :'--<li , ..,. ? • 0 o pipe • cl :ea t l' i • ..• ~;·c.:pif 'leri.1 • to .:.~ aer iit. c . • o '" J :.r1 a ..;o ~orl l i:,0(! • ;,.., t;!...tl ~!. .. ·vruus C ti ·• l tdl i.;;:..o;i t:; ( . . t'9'""'Cl . 100130 . . ..... ... .. (, f:'" ,; .. • ..if ��,, . r.; .. : .iv..:.U{;otc,n. .J o D 9 Ii:i:·.wn - 1,r0:1co--··.,'i;:;loti) lin • ~ 1 b le W' rm.••· ala· • i• ■ li~ tl., • soe ■ ary i• or u.l!l elovated above t.na .1 or • �OriawJ "'<I -~ : F. J. fETERNEU �r ock Springs - r-. ugust Jlp 1950 lli' • V• 0. Ilurray ; ( CC - Tfr... t.J. .D"'...• Livingston Hushes t ' !.:r. Glu s. G:rosso) •rho follo\1inc io o. report . of injury to Bcmjnm:in t'rncoto Vicil, l'.achine Ilunnerl> 3 I'!orth ~ntry , No. 3 ScrunJ) sto.n(;)bm--y !'Jit10, v1hich ooourx-od a.t upproximatoly 5:30 A. t1.» ~'Joincsdny, 1\'llo"'Ust 30.9 1950. Vigil is 23 years of o.gc, Acerican, llf..a:rricd t,ith ono (1) <lepzndont child, and -.-ns hired by this Comp!U'l,Y t:O.y 9:t 1949. Hi::; total length of sorvico :ls 1 yenr 4 monthri. Bcnjattl.il Vigil wan shoveling botwocm tuo timbar which wore su.rr porting traclt tics i'1hen ~ picco of rook meaouring 3' 6 11 lone,:, 21 ,·1ida and. 9u thick s'i:,ruc!c him a.crosc tho b3.ok. Tho cr0\'1, consisting 0£ Benjamin Vigil, machino run.nor, and Cecil Jenkins und D.1rill Tnt:eo., fc.cc..n-on, had just finished firing a round of. ohot,s in tho uppor r:l_:;ht hand corner of tho chain pillnr end nero hnnd-shovel.ing onto n BOUge pan 't'lhon the accident occurred. t\'10 Jonkino uas shovcuing beti.:reen ~i'oty til!lbcr im,,icdintol,y below ViG,il., and Tatro lmo shoval.:tne bot,reon two snfoty timber irnmodintely nbove Via:tl. In talkinG with the crew the momin3 of the acciden·i;., they sto.tad tho roof ·wuo very bad and that Vigil was attempting to shovel out some coal in order to pl.nee a safety prop when he ,me struck by a piece of rook. This piece of rock et.ruck h1.u on the head, knocking .him down on tho coal pile. A second piece of rock measurin13 apprax.1ma.tel.y 4 1 lone., 2~' wido and 911 thick struck tho fir■t piece or rook which was leying on the hip of' Vigil. Thi• was the .first chain pillar extraction of a neYtly completed eeti-up am the ar1ta in the chain pillar was timbered very closely duo to the �euntlst one t op. About lmlf nay up tho chain pill esr the t op coal had broken and t he oondetm1e r oof 01tpos ed in. this nr0a vms timbcreq, with ot1~aight t imber supporting 5 ' t ruck t ies . I t i s ny recommendation t hat whor e condit ions such t! u thoso c.1 r0 encountm.•cd tha.'i:. crof;sb111•s b(-} used i n vortobr no» pose:i.bl c chippod .i):actm,e of bo~ fourth lwnbo.r vor'c.ebraoJ> uulti pl o bcey bru.isco r. nd contuoi ono . FJP/ rt ��n°' G.. !.ivincoto..1 t:::· J . h a tu:;hon !.7t ' ~ •~e,,--·r 't'nuch.or, J".-. . ) 1) to 1::.\ l Sll • , t! 1v s sf'IC u· we cAn t o a batter nn .'JC.tent t!IB/ rt. out. Lll o~ tot ,o other nnu it ot heed. I -.o r inJur.11 to •~.id.enc• or kull rrnc~ura 01" . new a1on. F u.a i'hcn �~: #."'" ,, ,. ~ •:J 1i r~.:i. ~ ~ :10 .:; u J. .t v.i!.v.ct,t.:-i .,_i '° ":~ ·.:-b.c:; l !G.. -~/1 .~ ,~l/ ' ,~. 0 } '-7 i. 9. !" tan . •·ill ba c unt.c Gri~l Ji.:"1ecl1 HO~,u:; OU.E!ki-.1 rt ��(~ 1- - ~rQ . -1~. ~ o •..c 0 1.: . ·: . :;~1v..lz~otoa J . - " ;:1 J.:J1D~ r~ ,_iy ~ ;;:c._o.r, Jr o.} fr "'_:o L.~t'Jrr:an ,!la jact pw.}~;)f un o;.1,:rtj' tr.:£) ~ G. ·:.;e t1:r_; c,.ci:.: .:::,..try to .:l, t· £o·r C i od o ·i " J '1 if_;' 1 u r-..ai-w:· J ... tri~1 boi:.!.:_; ~J1,.s!:.c 'ty rl l . • ~.':,l ••nin.:; !,.0.0-ll ..0 otr o1: t~_•J cc~~ .1 {KL ~;- to lot~ ·otivc,,. c~-..lpl; ~) ....! ,•;\.> w ·o ~ �2 Q , �.• P a +•O c., 0 iv"li.-:i::; OtG1 Jo J.. .'.1;::icG '~·,my -~;e.uc~to!' ~ Jr o ) !l 11 {l ~ i'all. ..... co_ o:u lu v'..11 o ooo.t1 u.-, occurred .mu ca:.100 i:~ ti_J.:or b.cu;.o.t ly a.bov ~lio :111.!:tr ?OC:..:o.; ..1-1 bot:i:i r, •llctl and o. ·ood co.v a1l &u.9 rv.aor• i l.8 ruct all ar w ma:u.bor to • und to roof i.~ P. ��(•.. ·' • ·J ~-"-. i . :., ; .. ) . . ,. . . ... ,. 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" ,..,.., l" .. ... ; .......:..... 1_, rt Iv._ ... .., 0 • _J ..t . . . . ..........' _,_ ' a 0 . a1 _: "" �") lJ . ... . . .... - -~ ~ ..' o �- ... ..-..,- .,. ":-• ·., .:. 0 .. .( . .' ,. · . --· ,.. " - ., l.' . - •• o ,.. .., _ . l J, �" ,. .., ·.1 ;J .. ;• - .... .;. .. . .:.· fl ,.!..". . . ., :., . . ..... :-' .. ., _.., u. I., .,: ..., OriaiaaJSip et!: F. J. PETERNF.LL , .. •• ·- -..t·.: \, .;,.·. ·· -' �..;.. " . .... _ .., • 0 ., I •. • . :, , .: l .. ....... ,..tJ () �.. 0 ..:, ~ -- ~- .. ... . ... u -· ,_ .... '/ J, ' i., - -. A' v~- -'"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 Injury Reports Held By the Safety Department 1950 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1950 Subject The topic of the resource Injury Reports, Safety Department, 1950 Description An account of the resource Records and letters regarding the injury reports that are held by the Safety Department. The documents are held together by a brass pin, and all papers are stapled to other papers. Most of the pages are faded may be hard to read. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource F.J. Peternell, William B. Rae, F.M. Bradley, Hodge Burress, W.E. Greek Identifier An unambiguous reference to the resource within a given context 1-0232 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/f5c9af8aacb4c927bf4f4da053c5ac2f.pdf 7c1f0e1c135b521f8e3f6726afda51bb PDF Text Text '.CHE UPCCo File No. 184 i.GREEUENT Between * L . P.· FR.IESTEDT CD1lPANY and DR. E. S. LAUZER Jun; 11 & 12 1 • i936 c~vering surgical care only of employee · . incurring injur~ee \1hile working in co1me ction wi th the c onstruction. of tipple· at Reliance, Wyoming, the L. P.F. Co . erecting the tipple . • (1~ . T. s. Taliaferro t o handle the . compeneation matters , and·Mr. I.N.Bayl~aa to handl e the · ~J.,a:uns.) ;., ~ *(Agreement & between The Union Pacific \1oal Company and B.r.F . Co. J.n Construation Agraement~fi(ui, Nos. 286 and 287.) ... I �r .., Rook Springs - May 29, 1936 llr . T. s. To..lidorro. J'r.: Ref oninc; to r:ry letter of Murch 17th with regard to yo u:r hrulc..l::.ng the com:;:~nac.'-'ion :oo. tte:-a of the Stollma..:Rocer I.!C:Uluf_otw:i nG Colll:i?9!1Y in oom1ectio11 with any oom1>enc:;-"tio n camh, TJlrl.ch ni[;;;ht c01:ie UJ.): I 6 Y1.>U. 1-ie.~et:i th a -eow af th.e f.i&!'eemcnt t".:n hand.111 which wo.e recc11tzy r Q.Ched bct,.1een D.z:, . La.t_1.&er and ~~- -~ • y__. Fr..!:Eot~d1; CQ~an:;, ·\:ho ~.re ~o ins the erect~~C .work on t.rie Reliance ti_p- l e . Also, I an handi ne; yo':l o.o-~y of a1: ~:;rcement betn ,:,n Dr. ~0.1:::er 1:1.nd Allen & GarciG.. Coop~:, , who a.:-e auperv1 eing this \"10:rl: for The Union Pacific C<icl. Co:mrmny , nnd Tlho will, l ater, carry t...~eir separ~te p~ rcll3 . ,~ . Bayl.cr.m will arran.se to h:md.le all claims the.t mls}lt oo~e up, furnishing you r;ith tr.tll!'l. I ,:oul d appreciate- your hnnd1i ng the 11at ter arz eugcested, in the event of any c=i.ser.:i developing. J Ortrla•J Slpe4: GEORG[ B. PRYOl �L. P. FRIESTEDT CO:MJ?AlTI 109 N. Dearborn Street Suite 1004 CHICAGO At Rock Springs, Wyoming liay 19, 1936 Dro Eo S. Lauzer Elks Building Rock Springs, ':lyoming Dear Sir: Confirming our verbal agreement date, this letter will serve as a contract covering the surgical care only of the men employed in extra-hazardous occupations as defined by the vorkmen's Compensation Law of the State of Vlyoming, and receiving injuries while in our employ and working in connection with the construction of tipple, the property of The Union Pacific Coal Company, located at Reliance, \'lyoming. Certain items shall be covered by this agreement as follows: 1. Agreement to take effect as of May 19, 1936, and continuing until the work is completed. Estimated date of completion and testing, August 1, 19360 2. The agreement will cover surgical care either on the premises of The Union Pacific Coal Company or in the Doctor's office, and includes necessary drugs, medicines, bandages, etc., used either on The Union Pacific Coal Company's premises or in the Doctor's office. 3. In the event that an employe, or employes, are injured to such an extent as to require{ hospitalization, the responsibj_li ty of the Doctor will extend only to medical and surgical care while in the hospital; all other hqspital expenses, including medicines, bandages, appliances, etc., will be absorbed by this Company. 4. This Company will submit to the Doctor immediately a list with the names of all employes entitled to surgical care, and will, through subsequent lists furnished the Doctor semi-monthly, show all additions and subtractions of names of employes set forth on the initial listo 5. For medical services rendered by Dr. E. s. Lauzer under the provisions of the foregoing paragraphs Nos. 1 to 4, inclusive this Company will pay to Dr. E. s. Lauzer the sum of $1.00 per ' month for each employe engaged in the construction of the tipple �- 2 first referred to, such p~yments to be based on the total number of men employed during the month, whether for one or more days during the month. 6. The compensation paid by this Company to Dro Eo S. Lauzer shall be considered as payment in full for the services rendered, and no additional bills vlill be rendered by said Dro Lauzer either against this Company, The Union Pacific Coal Company, or the V!orkmen' s Compensation Fund of the State of 'iy oming for the men employed by this Company duri ng the period covered by this agreement. COMPANY Accepted this /f day of May, 19360 E/i(~ �C OP Y L. P. Frieste d t Company 109 N. Dearborn Street Suite 1004 CHICAGO At Rock Sp rin s , Wymning -,,~ay 1 9 , 19 36 0 Dr. E. s. Lauzer Elks Building Rock Springs, ·:ryorning Dear Sir: Confirming our verba l agreeI11ent dat e, this l etter v1ill serve as a contract covering t h e surgical ca re only of t he men em:.> loyed in extra-hazardous occupations as defined by the Viorkmen s Comp ensation Lavr of t h e State of Yly oming, and receiving injuries while in our employ and vr orking in connecti on with the construction of tipple, the property of The Union Pacif i c Coal Company, located at Reliance, Ylyoming o Certain items shall be covered by t h is agreeme nt as follows: 1 Agree rnent to take e ffe ct as of May 19, 1936, and continuing until the u ork is comple ted. E sti mated date of completion and testing, August 1, 19360 0 2. The agreement will cover surgical care either on the premises of The Union Pacific Coal Company or in the Doctor's office, e.nd includes necessary drugs, medicines, bandages, etc., used either on The Union Pacific Coal Company's premises or in the Doctor's office. 3. In the event that an employe, or employes, are injured to such an extent as to require hospitalization, the responsibility of the Doctor wil:.. extend only to medical and surgical care whi 1e in the hospital; all other hospital e:1.-penses, including medicines, bandages, appliances, etc., will be absorbed py this Company. 4. This Company will subait to the Doctor immediately a list with the na.rn.es of all employes entitled to surgical care, and will, through subseq_uent lists furnished the Doctor semi-monthly, show all additions and subtractions of names of employes set forth on the initial list. 5. For medical services rendered by Dr. E. s. Lauzer under the provisions of the foregoing paragraphs Nos. 1 to 4, inclusive, this Company vri 11 pay to Dr. E. S. Lauzer the sum of ~~l. 00 per month for each em.ploye engaged in the construction of the tipple �- 2 first referred to, such payrae n ts t o b e bas e d on t h e tota l numb er of men emp loyed during the mon t h , wh e th e r f or one or mor e days during t he mon th. 6. The c omp ensation pa i d b y t his Company t o Dr . E . s. Lc1.uzer s hall be considered as payment in ful l fo r t h e servi ces rendere d , a nd n o additi onal bil l s wi ll b e r endered by said Dr. La.uzer either against thi s Company , The Uni on Pacif i c Coa l Company, or t h e 'ilorkmen' s Comp ensat i on Fun d of t h e St a te of '7yoming for the men employed by t h is Company duri ng th e p~ ri od covered by this agreement. L. P . FRIESTEDT COMPAJIT By Accepted this - -19- - day of hlay, 19 36. (Sgd)E. s. Lauzer Dr. E .s. Lauzer H. E . Drummond (Sgd) �L. F. FRIEST.EIDT COMP.AllY 109 N. Dearborn Street Suite 1004 CHICAGO At Rock Springs, Wyoming May 19, 1936 Dr. E. S. Lauzer Elks Building Ro ck Springs, Wyoming Dear Sir: Confirming our verbal agreement date, this letter will serve as a contract covering the surgical care only of the men employed in extra-hazardous occupations as defined by the Workmen's Compensation Law of the State of Wyoming, and receiving injuries while in our employ and working in connection with the construction of tipple, the property of The Union Pacific Coal Company, located at Reliance, Wyoming. Certain items shall be covered by this agreement as follows: 1. Agreement to take effect as of May 19, 1936, and continuing until the work is completed. Estimated date of completion . and testing, August 1, 1936. 2. The agreement will cover surgical care either on the premises of The Union Pacific Coal Company or in the Doctor's office, and includes necessary drugs, medicines, bandages, etc., used either on The Union Pacific Coal Company's premises or in the Doctor's office. 3. In t~e event that an employe, or em.ployes, are injured to such an extent as to require hospitalization, the responsibility of the Doctor will extend only to medical and surgical care while in the hospital; all other hospital expenses, including medicines, bandages, appliances, etc., will be absorbed by this Company. 4. This Company will submit to the Doctor immediately a list with the names of all employee entitled to surgical care, and will, through subsequent lists furnished the Doctor semi-monthly, show all additions and subtractions of names of employ es set forth on the initial list. 5. For medical services rendered by Dr. E. S. Lauzer under the provisions of the foregoing paragraphs Nos. 1 to 4, inclusive, this Company will pay to Dr. E. S. Lauzer the sum of $1.00 per month for each employe engaged in the construction of the tipple �- 2 first referred to, such payments to be based on the total number of men employed during the month, whether f'or one or mo re days during the month. 6. The compensation paid by thi s Company to Dr. E. s. Lauzer shall be considered as payment in full for the services rendered, and no additional bills will be rendered by said Dr. Lauzer either again st this Company, The Union Pacific Co al Company, or the Workmen's Compensation Fund of the State of Wyoming for the men employed by this Company durin g the period covered by this agreement. L. 1'. FRIESTEDT COMP ANY By (sgd) Accepted thi s _ _1_9___day of May, 1936. ( sgd) E. s. Lauzer. Dr. E. s. Lauzer. COPY H. E. Drummond �Ro ck Springs - r.nrch 17, 1940 ;Jr. T. s. Talio.forI"o, Jr.; •Hor(;mith copy oi l0ttm-- fl?om & . t'.bAuliffe ll'egaTding yo?JJf / /... aoting as tho joirri; agent of the Coal Company and tho St eax•:rJ.J ~flogell" ,;.I ./ f\ ~.':anuf'ac:turing (;ol!lpoey in com1ee·Hon tiiih o.uy com;;,ens ntion casoa t hnt u ny cor.:ie up in ih0 coruitruciion o:l -~ho acldi"i:iion to Om" poue? phmt. / _/Ueo a:i;tuched is copy of agreeIC~:i.t be-~ue0::1 ·i;h0 Stea.:i...l'lfl-Rogei" ColiTJ?a.1/IY uill reporl thoii." orm accidents, but 0 0 r1:i.ll h0.v0 to pay the compiansation. O?iginol Sig..<10&: George B. Pryde �434-2 Qnaha - Horoh 13, 1936 Mr. G. B. Pryqe: i'.:fr. Taliaforx--o io 0nU.1?0ly ae:,-00nbl0 tc looking af·i;ea~ "iihe 1 Stearno Roger Comps.cy 9 s accident caees insor~ as hio s&vioos may ba required_under his gei1eral arrcmgomazit t7itll 'Ih0. Union Pacific G'oal Ciornpa,,yo .. s soon · as Dr. Lu:!1Ze-r.• ::i contx•uc·c: is sigm3d., pleas e advioo Ur. Toliaf'ei~To that Stoarns-Rogero and our ccmpmay desil'e him to nc•;; so om~ x-e1)&-esent a-~iv0, and if a1:V advicE! is ·2;o bo given th0 St.:ite 'lrensurei-r, have Stonrna Roger arrcnge fo~ th~t alooo Or:tgil1al Sig-asd: Eugone i'.<~Aulixf a � 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 Agreement between L.P. Friestedt Company and Dr. E.S. Lauzer 1936 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. June 11 through 12th 1936 Subject The topic of the resource Construction Agreement, L.P. Friestedt Company, June 1936 Description An account of the resource Documents recording the proceedings of the construction agreement between L.P. Friestedt Company and Dr. E.S. Lauzer in 1936 Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource George B. Pryde, H.E. Drummond, Eugene McAuliffe Identifier An unambiguous reference to the resource within a given context 1-0233 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/ef1eeb57ff8bdb167e5f786b93682a61.pdf d6de731689c739cbf83c50562bff8728 PDF Text Text Between *.t\LLEN & GARCIA GO!.:!PANY and n.q , E. S . LAUZER Cov ering surgic o.l cure only -of employee . incurring injuries while working in . connection with ~ha constr ucti on of. tipple at ·Reliance, ; Wy,::,nrl.ng, the MG Co., s upervising t he wor,k~ (Ur . T. S~ Taliatcrro to handle the compensa-tion I:18.tt era, and .Mr , I.• N. Bayless t~ Qandla th.e clams . ) - . * (.Agreement betTTeen %a Union Pacific .Coal Company and -~-&G Co. in ConBtruction Agreeoent file, No. 317,) 0 ' . · (Tae Union Pacific Coru:oompany to absorb the expense of the Doctor.)· �J"unc 22, 1936 i:l:;_~ o Cr o H o Ch 2. pL12,n Allen-G~rcia Com_any Reliai-1ce ~ 1.!yoming This -~o confirm our verbal nnd.erDtanding that The Union Pacific Cortl Company \7ill absorb the ex ense of the doctorv should one b~ required because of injury to men eBp loyed on the construction of the Re li m10e tip p le o Yonr s truly, �, l J Rook Springe ... ~~ 29, 1936 Mr . T. s. Talinforro. Jr .: Referring to my l etter of lla;rol1 17th with regucl to your hancllinc the compensation matters of tl1e Stea.ms-Roger Hanur otur1ns Company in connection with a.ey compenav.tion cacoe which midht Cot4e up: I a:n hMd!.ns Y-oUc herQ'elith a oopy o! the a.grecment wh1dh ".':as recentl,y r~fl.ched 'bet'WGen .Di'., Lnuaer ancl the L . P . Friectedt Comgany , 'flho f.'.rc doi ng the ~acting work on the Relienca tipple . Also·, I nm handing you co py of an agreement between I>r. Lau.1:er and All _.__ _cli vi aro;a .. comparcy-, who ~re supe.1"- ns thi r~ work for The Union Pa.cit ic Co al CoDllJany, and wbo nill, l at er, carry thair e paro.te .i;>cy1"0lle •. -.. . Bayl oas will attan,. ;--, to band1e all claims that __ 1 ·-t come up, fumiahing you with therh I woul,' appreciate- your hand.ling the matter a.a eugco:.. ted » in the eTent of any cmsoa developing. l)ril(lna.l S\Jlnad: GEO RGE B. PRYDl �ALLEN & GARCIA COMP.ANY McCormick Building 332, s. Wdchigan Ave. Chicago, Illino,is ..,.. At Rock Springs, Wyoming May 19, 1936 Dr. E. s. Lauzer Elks Building Rock Springs, V{yoming Dear Sir: Confirming our verbal agreement date, this letter will serve as a contract covering the surgical care only of the men empl.o,yed in extra-hazardous occupations as defined by the Workmen's Compensation Law of the State of Wyomin g , and receiving injuries while in our employ and working in connection vd th the construction of tipple, the property of The Union J!?acific Coal Company, located at Reliance, V/yoming. Certain items .shaJ.l be covered by this agreement, as follo ws: 1. Agreement to take effect as of May 1.9, 1936, and continuing until the ·work is completed. Estimated date of completion and testing, August 1, 1936. 2. The agreement will cover surgical care either on the premi_ses of The Union P acific Co al Company or in the Doctor:s office, and includes necessary drugs, medicines, bandages, etc., used either on The Union 2acific Coal Company's premises or in the Doctor's office. 3. In the event that an employe, or employ es, are injured to such an extent as to require hospitalization, the responsibility of the Doctor will extend only to medical and surgical care while in the hospital; all other hospital expenses, including medicines, bandages, apPliances, etc., will be absorbed by this Company. 4. This Company will submit to the Doctor immediately a list with the names of all employes entitled to surgical care, and will, through subsequent lists furnished the Doctor semi.monthly, show aJ.1 additions and subtractions of names of employee set forth on the initial list. 5. For medical services rendered by Dr. E. s. Lauzer under the provi aions of the foregoing paragraphs lifo s. 1 to 4, inclusive, this Company will pay to Dr. E. s. Lauzer the sum of $1.00 per month for each employe engaged in the �2 construction of the tipple first referred to, such payments to be based on the totaJ. number of men employed during the month, whether for one or more days during the month. 6. Under the certain contract, dated May 19, 1936, between L. P. Friestedt Company •, 1.09 1T. Dearborn Street, Chicago, Illinois, and Dr. E. s. Lauzer, Rock Springs, Vvyoming, provision is made, under Section 5, for the paym ent by the Friestedt Company to Dr. Lauzer, of $ 1.00 per month for each employe engaged in the c@nstru.ction of the tipple at Reliance, Yt.y-oming, such payments to be based on the total number of men employed during the month, v1hether for one or more days during the month. As the L. ~ - Friestedt Company is a sub-contractor, working under the .Allen & Garcia Company, it will be understood and agTeed that the Allen & Garcia Company will guarantee to said Dr. E. s. Lauzer, a monthly minimum stipend of @25.00, in the event the total number of employes covered by the Friestedt Company's agreement of May 19, 1936, copy attached hereto, and this agreement, does not equal the minimum of 25 employe s man thly. 7. E. The compensation paid by this Company to Dr. s. Lauzer shall be considered as payment in full for the services rendered, and no additional bills will be rendered by said Dr. Lauzer either against this Company, The Union P acific Coal Company, or the Yrorkmen's Compensation Fund of the State of Wyomin g for the men em.ployed by this Company during the period covered by this agreement . .AI.LEH & G.ARCI A COMPANY By.e!i~~~ Accepted thi s_ ___...J_,f__ day of May, 1936. �.ALLEN & GARCIA COMP1iliY McCormick Building 332 s. Michigan Ave . Chicago, Illinois At Ro ck Springs, Wyoming l[oy 19 , 1956 Dr. E. s. Lauzer Elks Building Ro ck Sl)rings, Vlyoraing Deai~ Sir: Confirming our verbal a greement date, this letter will serve as a con tr ac t co·veri ng the sul'g:i. cal care only of' the men employed in extra-hazardous occupations as defined by the 1ilorkmen 's Comp ensa tion Law of the State of Wyomin g , and receiving injuries \7hil e in our em1)loy and working in connection with the construction of ti pple, tho p r operty of ~1he Union Eacific Coal Company, located at Reliance, Wyoming. Certain i terns shall be covered by this agreement, as follo-rrn: 1. AgT eement to take effect as of may 19, 1936, and continuing until t h e work is completed. Estimated date of completion and testing, August 1, 1936. 2. The agreement \'.rill cover surgical care either on the p1.•0mises of The Union .Pacific Coal Company or in the Doctor ' s office, and includes necessary drug s, medicines, bandages, etc., used either on The Union .Pacific Coal Company's premises or in the Doctor's office. • 3. In the event that an employe, or employee, are injured to such an extent as to requi.r e hospitalization, the responsibility of the Doctor will extend only to r.a.edical and surgical care ,1hile in the ho spi taJ.; al1 other ho spi taJ. expenses, includ:ing medicines, bandages, apPliances, etc., vril1 be absorbed., by this Company. 4. This Company \'rill submit to the Doctor immediately a liat with the names of all employee entitled to surgical care, and will, through subsequent lists furnished the Doctor semi.monthly, show all additions and subtractions of names of snployes set forth on the initial list. 5. For medical. services rendered by Dr. E. s. Lauzer under the provisions of the foregoing para.graphs Nos. l to 4, inclusive, this Company will pay to Dr. E. s. Lauzer the sum of $1.00 per month for each employe engaged in the �.. 2 construction of the tipple first referred to, such p~ents to be based on the total number of men employed during the month, v1hether for one or more days during the month. 6. Under the cer t a in contr act, dated May 19, 1936, between L. P . Frie s ted t Com.pa·ey , 109 li. :Dearborn Street , Chicago, Illinois, and D:c . E . s . Lauzer, Rock Sp ring s, Y/yoming, provision is made, und er Section 5, for t..~e payment by the Friestedt Company to Dr. Lauzer, of fa .oo per month for each employe engaged in the c@nstruction of the tipple at Reliance, Yt,voming, such pccym,ents to be based on the total number of men employed during the month, whether for one or more day s during the month. As the L. ~ - Friestedt Company is a sub-contractor, working under the Allen & Garcia Company 1 it VJill be understood and. a greed that t h e ,P.llen &; Garcia CompMy v:Till guarantee to said ni~ . .E . s. La uzer, a monthly minim-wn stipend of 0 25,00, in the event the t otal number of employes covered by the Friestedt Comp a.'tly 's agreement of May 19, 1936, copy a.t tached hereto, and this a g-r eement, does not eaual the minimum of 25 employe~ monthly. 7. E. The comp en sa tio n paid by thi .a Company to Dr. s. Lauzer shall be conside:ced a s 1Joyment in .full for the service s l"'end er ed , a nd no addi tion a l bills \-Jill be l"endered by said Dr. L auz el"' either agai n s t thi s Company , The Union J?aoific Coal Compa ny, or the }or kmen's Compensation Jlund of the State o f \;yon ing fo r the men employed by tbi s Company during the p erio d cov ered by this agreement. J'.L Llli"'-1" & G.ARCI A COlri.PAlf'! By~~ /-if__ day of Hay, 1936. Accepted thi s_ _ �ALI.IDT & GARC!A COl'JP ANY McCormick Bui ldinls 332 s. Michit:,--an Ave. Chicago, Illinois .At Ro ck Springs , 1.'iy oming l'Iay 19 , 19 ~6 Dr. E. s . Lauz er Elk s Building Ro cle Sp:.t•in g r;J, \'f.yolli ng Dea:i: Si r : .Co nf'i:i:rain g our v e:rbe.1 ngre emen t da t e , thi s l e ttel"' will serve a s a con t rl'..ct cove r in g t h e surgicel ca:re only of the men employed in e .JdZ'2. h a z a:rdou s occupation s a 0 d efined by the Wo:rl@en vs Compensatio n Law of t h e State of Wyoming, and receivi n c; inj .u :ri es u hile in ou r employ t:.'..i'ld YJO r kinc; i n connection ,;1i 'i.:.b. t h e cons t r ucti on c f tippl e , "t.,11. e pro p erty of Tn e Union Pacifi(l Co2.l Co1:1pany, l oce..ted a t Reli en ce 1 \'fyoming . 0 Cer t rd n item s shall b e cov ered by t..'ltl s a greement , a s f olloi;rn: 1. Agree.rn.ent to tclce effect as of !.f oy 19, 1936, and c on ti nuin g until "the T,·.ork is compl e ted . Estimated date of completion c;.11d. testin g , i.ugu.s t 1, 1936. 2. The agTeeznent will cover sureical care either on ·Ghe p x-emises of 1"'.h e Union Pacific Coal Comp ~11y or in the Doctor's o f f ice> and includes necessa ry d1·ugs, medi ci.nes: bandageEi, etc., used either on TI'.le Union Pacific Co al Company' a lJl'emises or in the Doctor's office. 3. In the ~vent that an employe, or er.11ploy es, are injured to such an extent as to require hospitalizationa the responsibility of the Doctor vrill extend only to medical and sm~gioe.1 care v1hile in the hospital; all other hospital expenses, including medicines~ bandages, appliances, etc., will be absoxbed by this Compacy. 4. This Company ~ill s ubmit to the Doctor immediately a list v!i th the nElI!les of all employee entitled to surgical care, and \Jill, through subsequent lists fur~shed the Doctor semimonthly, show all ndditions and subtractions of names of employee set forth on the initial list. 6 .. For medical services rendered by Dr. E. s. Lauzer under the provisions of' the foregoing paragraphs ]Tos. 1 to 4, inclusive, thi a Company will PBS to Dr. E. s. Lauzer the sum of $1.00 per month for each employe engaged in the �2 cot1st:ru.ction o f t he tipple i'i:r st :i.:.•ef'erred to 1 such payments to ~0 b a s ed t th... t otal numbe:i:.· of men employed ciul..il'lg tho mon'th, \·-Jhet.h.e1· f o l' one or mo r e days dui--ing the month. . 6• n el' t h e certain con tz,act, da ted May 19, 1936, bc·t\v0e11 L . P . ] 1:!'.'ie o tedt Com ~1y , 1 19 })T . Dearborn s -;:;_•e e·G~ Chicago, IJ.lino i s , m d D:r. E . S . auzei·, Rock Sp:rin gs D \Jlyoming, pro·\Yi sion i o ma · G, u n ?er Se ction 5, fo:t· ·tb. 0 p aym.en t by the £:dested·;; Company to Dr. Lau.zer, o:f $1.00 per month for each enploye engaged i·1 t h e con ot .ru.ctio tl of tJ1e ti np l e a t H<::. l i Dnce, Ylyoming, such p ..~. .ti'.l.en t s to be based on t h e to ·c~J. number c,f men employed ciuring 0h e n t hp v1h8 t h~1· f o r on e 0 1· r.10 :te Lleys d l:t"ing ·cne month . As t h e L . l ' . :i?:. ia s tcd t Company i s a su.b-c ntl·actor, riOl'king un er the All en & Gar ci a Com_nmy, it ·w ill 'b e un<.le:rstood es1d ag1~eed -~hat t h e .1-U len • Ga :... ci a Com1n1ny \'Jill eu a x·an-cee to said Dr . .n:. s. Lauzer, a .ion'th ly ninimu.m s tip end of ~y2 5 .00, in_· the eve:1t "lih e t o tal n umber of em.:ployes covei·ed by the 11'xie~tedt Coli1pany I s a greemen t o f Ila,y 19 , 1 936 i copy v.:Vcached :aereto, un d this a g::1:~e:n~n t, do e s !ilO .,.i; equal "the :min im.um. of 25 emp loy0s monthly. •, . TJ1e compen se. t i on p aid by thi. s Co:'.!!puny to Dr. E. s. Lauzer shall be concidexed as pe.,yment in :full for the services l' en<ler ed, .:i..ncl no ad · i ,ioual bills \'lill be z·endered by said Dr. Lauzex- ei thcr a gain ot t h i s Company, The Union .i?acifio Coal Company, o:r the Uo:.rbncm 9 s Com13ensation Fw1d of the State o :f •.:yomin 0 f o :i:' the; mcm employ ed. by tJ;i..i s Company during the p eriod cove1~ed by this agreement . .ALLElT & GARCIA COuP i'J.ifY B"IJ (sgd) Accepted thi s_l_;1_ _ _day of I1ay, 1936 (sroi) E. Dr. E. s. Lauzer s. Lauzer. COPY G. H. Chapman �Rock Springs - March 17, 1940 I{ir. T. S. Taliaferro, Jr.; Herewith copy of letter from Mr . Mc Auliffe regarding your acting as the joint agent of the Coal Company and the Stearns-Roger Manufacturing Company in connection with any compensation cases that may come up in the construction of the addition to our power plant. Also attached is copy of agreement betl•1een the Stearns-Roger Company and Dr. Lauzer. As i''<r . f.:CAuliffe advised you, the Stearns-Roger people will report their o\Vn accidents, but we will have to pay the compensation. Original Signed: George B. Pryde �434-2 Qnaha - March 13, 1936 Mr. G. B. Pryde: Mr. Taliaferro is entirely agreeable to looking after the Stearns Roger Company's accident cases insofar as his services may be required under his general arrangement with 'fue Union Pacific Coal Company. As soon as Dr. Luuzer's contract is signed, pleas e advise Mr . Taliaferro that Stearns-Rogers and our company desire him to act as our represent ative, and if any advice is to be given the State Treasurer, have Stearns Roge~ arrange for that also. Original Signed: Eugene JLcAuliffe � 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 Agreement Between Allen and Garcia Company and Dr. E.S. Lauzer May 19th 1936 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. May 19th 1936 Subject The topic of the resource Construction Agreement, Allen and Garcia Company, May 19th 1936 Description An account of the resource Documents recording the proceedings of the agreement between Allen & Garcia Company and Dr. E.S. Lauzer in 1936. Papers are held together by a brass pin. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource I.N. Bayless, George B. Pryde, G.H. Chapman, Eugene McAuliffe Identifier An unambiguous reference to the resource within a given context 1-0234 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/f99547582be36627d129cacc3df2fd22.pdf 1657ebff6bdb9dc8610f95318fcb9944 PDF Text Text . ) I NJURY REPORTS HELD BY SA.r'ETY DEPARTMENT . 1949 �... ,.. •._· . ... ·-.: ·,·• ...,, . . ... . _ c.. ... ,. ' .. . . . . , ... ..... .... , I ...... . ...., . . . .. ..:. ··-• • I ' ,. . _. .... -..,J - ... .... .·. ~ .,_• ... . I .... .. . . "• ...-o "" !, ... 1 ~ _ 1,....... _ _.:.... ... ..., . ..- , �., 'o •. " 1 i..•.. : , JJ l. -. - ·- !t . . ... f' • ' .... :, ....1 ., ,·, . L . C f ..... ... .1 •_ • 0 .... ~ lli,rlcd: f . J. PETERNELt �I """-= ti . __ ,I) ~ ;:; ~: .. ... Q , . .. . ,. . ,, !..: • \..,- .... ~ :cl . ,., l.., .,. �,.,_, --. # --1, .,,.•~.:, . . , • /.-l. l"l ~-- -= .,,.,., ..... ,._. . . ... ..... i... ~ -4 r. \. �'·· I ' ... , . .. ..' \, .. LI • t. ~. : \.iE.RNEU �: ~ ., ~ 14-' > ~ J-.~ ..• ;. • I ...... .. A, ~ ... ,:,.. '\1 • ... .... ,..... ,->- .... ,...,,~ .. .1" . . ... '. •,; ' '1 ,j 4 ~ ') ~ ~----t, - ' ..., .., ... ~ .; :J . ..,.,,,....... ........ .L -''. . -, '....... r Orh;innl Signe.J: W . E. .GREEK ( �,, • <> 'l l " ... I • ,.J .... ... . ... 0 �• () .' t, . , ..' . ·-' ,,. . .... , ........ ........ J ·, ,l v .......... .c, L ,l - 0 �..._ .... •,~ ""'"',' ...........\ :J . ., 'L d f ..... , .. ........ _,. ._..., ,_ ... __ .. �• ' c.; l t .J . ,v ..!lc ''" ..:.1 1. I. t ~ �.,_; . ..J' ,, u .. • t ... ~ _-• ::, Oriain• I Si,nlldl W. E. GREEK �l/ . '" ..;. k -:.:w~p• ~ . . .. •. :1 i.,• -, .) p .. . .. !I J• ,.. : .. '- ... ~ • ., .. Orisiml~: F. J. PETERNEU. l) �' .. • t-1v .._ ...,,.. 0 • �'' ✓ · - -- .... .,.. \ - A D ,.. , , .......•. (l ~ - ,-..,/ _ I: ,_ ,. G • r .1 ...... �l . ......, .... ~ ...1 0 . ,_. Ori;;illll Sipltl: F. J. PETERNELL • �r = = ~== = = =:;;::::::;::= = = = = = ~ fi::!]@~tflM) �" I,. • <J r, v ·o . . :., _• 0 .10 .,.' �.. - 0 _ C..J ~ ~~ 1-• ... ,~ci~-; . ·l. ~""'-.;_,) 1.·. t1' 0 .Co ... u ,. ·~ \., ....... t.1 ::-·;l V r.; • t:. l C .. . .. 0 �..,. . . : .: lo:.: wi.:. rl O' c ... , �... . ti ., " l ... '-- ... .., , l , . . .. t ��:1ock uprings - .septembor 7 D l 'Jli.9 C's., , .. 1·. v. "' • ~rrc1y: ( CC - :r. ii.. c. iiud1eG Liv.1..n aston l <) • :.,J,l't . James La.1) tarric..c.;. ., ,.,ith (nc dop 'ncient child, arn 1 ·~.22 ooi.i. left ~.ar~h 1923. 19J3 . cl • ._.11 . ;1L\S .i:'irst hired uy ti1h; Ccrupe.ny .:.,epto1:lbcr He ii.ss :cohi.r...:a octob~r He ~-Ja G rchir"·ci .i.pril 5, 19.34. n.P 1<)25 ~nd left i !ovcmuur 20, His total l 0nt:U1 o " oci·vicc is aµproxim:itel y Tony lskr ;J, lk..r.uun Grii'f<.: n ar ti .t..r1uch ui t:!S, Unit 1' urcl:l1.m , .ioro r.10v ing a oturiul hoist .!.'ro:, t.lw .i.nsi,.;c rco.1 to tho outside roo,.1~ Thu rn.3.tcrinl ht:ifot uas hoi~t ,n:::; tht;ll uii..co-mcctl;d i'rc;.:1 tiw hc.ul.::.cc locoii1otiv0 i.:.nd thw r ope on thl.l mat0ria ?cny I:.,kra ,·,as i:urn~u to stn;;, in th~ clear o.i.' th<.; ..:ue.teriul hoiat a.LJ it ,,as buin:__:. pullcci into pusitiun and. ::;t,o.tcci in i•eply t hut hu v1as .in th<- cluar . 'Ihe: pouur cable wus attached tu t.he trolley Li.rw end in clolnc so, U1u holst autor.mt.icul.ly oot..'ian to s:iovc 1.1u<.. t o 'i:.ll<;; ::;,;itch in a clo~'--cl pouiticm and the rail J.yi.1.1t, a.lon, ; the hlchsio.c rib .:ma th~ rr.:itt.l'ial ll.oiGt . It is impcl'at.ive that cvoryuuo ot:.:Jlu .in th.; cl our oi' uoving 1,uchin~ry a,J,iJlil;,.J,lon ol' fjOi,0.1· to rJachinury to avufo acl:lu1.:uts oi.' tulo type • .t..oAtont ol injury: ~pruin ~nu contuoil,n 01' loft 1l11K.l;;. Or1rrinn1 Si(!l!cd: f. J. PETERNEU �.r ' ( (Cl: - !.ir o J.Ho Liv.l.ngston lll.ll.;:hc~ ~~ o Jafil{;~ Lllw) ~ -~ O ~ o b., totcu l0n:.;th of' GE:ll'Vi<.:c i s 0:~proxin1:1.t..(..l.y Ll y~.:n·s o 1,u.:::i U!..1. t.hL: tri p . .,hc.:n tl.w trip bet u.p to e .:.;outh, (tht:X'<.; .:1:ru LJom~ lo v, rail t.:ro~so . .:ra ucro5D th,.; i;;lopu) , 0(;V(;JS so..iu h(.; 1'ori_;o•.; anu ro.il=i1..U up ano. one oi' the. co.rs struCt{ hh ht.;.i.l..i iIDd ht: foll ori' the tri.p. He .fell in th-.: clear oi thu trit · >ull1.:c.l. e,ut uo ht; .. c:nt to thi;., huiut ruou anu B" -~tca i..o pull th1.; tr.;.p . Iiu did nut. ,aw,, unyc;n~ ·,,·us on thi;., trip until h...: h-..arJ thv b.:)11, ht; LJt.:t ids bra!w tuo '1uic;ui anu thure 1/aS souu olacit ~;ilicll t-n~: trifl :r:m U () outu causir1G h, to ec ou.c~ 15 or 20 £4.;0t Wlu thio ie how tho trip hupp1.:nc..a to Lo bJ.ck anu DC t ituuvuu �1-u1ockc..u oif of t.ho t:,:rip o n J~!nrd .S! ;.,~ \~. E G:-:crn �(CG Livinn;ston - ..ir . H.J . v.D. duijluu Ll.f• . ,J' o Ciw.s . C1;osso) Foll or! in;,.:; is u report of injury to 'i'rw:iar1 i<.l11m·d , iJuckbill 9 ..onths . ,.u.:.i p:...rkuJ. u1. t;w ·li,)1 :i:·iu oi llo pillar pocket. Tam.i.i{a safo tha L he tmthin:d.n~l,y r·ar1 t.llw uuckbill in ...'...riu ct,u...;ht .0.na.ru 's ri 6 ht foot bct-,Jum !:acoL.::i•-m. . t,h:.i.l. a.uckoill opurators 01· fuct.1u.1.,n uho opcro:l,c a ctucld}ill St;O that m.;n nru in th..., clt.!ar of the d.uclfoill u-.:10.cc ruti.ninL it iuio th"' i 'uC(.. or :..u.>vi.11 r it. ;'-"";,t,,)nt ol' injury: Orieinnl Si:JTled: \t E. GREEK �iiock 0prings - ,mgust 31" 1949 Lr . V. O. liurrny: (CC - l!r' . H. c. Livil1c8ton LlX' o J . B. IIut.;he·s .w.r, Hoclsc Du:rrcss) Follm•Jin~ is .:.i. :ccpo.ct o.i' fGtal injur,y to :1l v<.:n .1:.,a.d lJu.ty, toto.l lr..::ncth o ,, oervice we;s ll&Jproxirr:J. t.el,y j years , •'our roo,JS are bcint..; ~~c.··ru1cLu in pioneer .-iork on G-3 l'o.nel, n~t..ly 17, .lo, 19 i..md 20 roor.IB . l-1 rooiJ h::,.t co.vcci to t.lio l<J-.i:.'cot suwn '.1.ho i'::!.Co of 1'3~ roo.,.1 haci. boon cut nnu- ahot ao ·m oy LJill G-::. nur c.1 u ,llvon ,_url i.iuty, mc1,.i.nG runn .1· hulpcr . J. hu mchino \;1:1G 'i.h0n being 1 tru...i.:J._;d Lo 19 1·co.n via 1..ht. r1...c<z rr.ly clrivcr.. slant . ,·.s ti10 d.ning mat.:L'lino c:.i.,:iu ..i.rounu t,hc curve., in 18c room, tho cutter bo.r 'LJac. turnc-l to the hiLh 1•ib .:mu iiltcu at a Dli:;ht. ant).c :ln oruc:.c -W1:.11. the cu:Lt0r b&.r wul<..L not tn,ril.o 1,h~ lo·; rib ao t.11~ uinin~ wcllinc.. rounu~d Llw snur " rao.ius CW'\'C:: at th • botto-,1 o.i: thu sla.ut. ~lvvu ..:J.rl iuty \/US .. alldn ·• ulonc slc:.ic of t.hu mininJ naci1ilw uc·L,1t.en �- 2 - ne.chinc.; caulc ir. thw cl<.:a.1 unci for come f'C.)J.Son s ecrJ.ud t o hos i tuto a nd ·t ho rib . It i 6 1·ccu,L on \,Q tho.t.. ul l persons -:.:o:i:·!dnu around ut;.?Virtt r:d.ning ma.chi n(.)ry be instructcc.l to oithc1~ pi·cc::c.;d the mchlne or foll or, t,hc ~ ch ine .1l so r-:.co,,:iJ.s;nc..1 tl ut this in _·or!>!lltion b~ diosoutlnatcci to nil .rJP: K6 �~ • O@~ {}d.@ (§)1)1) . ., ~l.!:€ 1// ;'Jt=::IJ,,~j/J) (ffogt' 0 ~~~ • t .. ;!J.'tc~ ~ •' _ /) •□ 1. ~ □ uLJ D D ~ !~, ~171. . ~I . :== ===:;:::;=-=:;;=;;=:==~= D~ !l$@@~ ~ ¢€>- �l:tock ~prin 6s - Aug ust 25)) 1%9 JJ.r . V. 0 . L4l.rray : (CC - i.r . H. G. Livingston Jrr . J . B. Hughes llr . Joe Burta) Follo·.1ln6 is a report of injury Lo Ha rrJ' Casso.ri.P Main hoist man, Superi or D. o. CL~rk llinc , No . 7~ Scam, .Supc.l'ior·, ~ij• omin 6 , i'J h i ch occur red a t about 7:00 p . m. , T·:0dr1csuu,y even.i.n16 , ;~ugust, 24!) 191+9 • Cassari is 46 years or' o.ge, 1,merican, 1.iarri uu.J) -:Jith one d<;;p€;udent, child.P anci ,.us hir<.:d by t his Cotipa.,y .•ug us t 4, 1943 . His tot.al length of <>Crvi c.:c i :a, six y0ai·s . 'i'h(; r op1:.. r i cier ·,ws t G.kin c a tr lp up to J - A. load 01 :i.our· shaker p2.nEi on a truck . Ile haa a t ruck On(: of th0 pGns caur;ht a rail croosbur ju::,t above 6- .a Lntry anu knockL.d out 9 or 1 0 crossbars . 'l'he t.lopL. caved approximately J 1 high ana approxim:i.tel y 50 ' in l ~ngth . The cl e nr:.1nc'.: u:t thi s pl c'.l.ce wus 4 1 i'rom the rail to t.he cro:;sbars . Hru:ry Cnssari car.ac dor;n fron his hoi f; t to h(.)l p cl ean up the: cave, ana ·;ihlh. uoing so, a rock approxima tE...ly J I l ong, J I ui de and 6 11 thic k fell Wld CUUGht him. Recomm;.;nd that more caru be taken in loading puns vih0re they hav<.: to bo un<.icr u lo·,; clearance . Ii' t.hcse pans h ad been l oaauu r i ght, this accident .:ould n ot hav1..; h appuI1ca • .....xt(.;nt of inj ury: Disloc.J.ti on botntun body oi' sacrum and fifth lwaba.r . ,.... ti ·:in , ! St- ~~eL! W. ~E. GREE¥ ,hG: YJ3 �P.ock Sprin2;::; - Aug;uct 19 P 1949 ( CC - Lr o li. C. Li vi n~::;ton :.:r o J. i3 . Ht1Ghe ::i •" ,,. ..,. 11,,- ) ;.. r o 1.m o i, l--.0S Fo 1101,l llG ic u report of :injury -i;o i:,a.ul T., Kurps.n!) Duckbi 11 a:'i; c..bou-c 6: 45 porn o, Londny ove11in[!; 0 Au6ust 159 1949 . Knrpa..11 ic 37 y0a.rs of ci.c;c., Ar:-0 rice.n., :~ur:r:Led ni th tr:m (2) dependent children~ und vms hired bj,. -;;hie Corapan~,r April 9 !) 19'1: l o His total length oi' s orvi.ce is o.pproximate ly G yenr □ and ~ ~:lontl1s " J., CE !l..'1.0. ~r.:.:c.m, Lnchi110 Runner D ota.tec trui. t they hud j ust sh ot e. f a ll thor3 ·,·:c.G ::1 10000 pioco of cBp rock one cut b !:l.cl:: from the i'acc on the loi't cido of t~:::i roon. This cu.i., rock rmc looae f'rom the center of the ro om over to the lo.ti:; rib . Tho rock had been 'c::i.kon donn on the ri;,;ht ddc of tr1e roon boi'oro s::1ootin0 , lc~vin6 a. l oose end in tho cen·!;er of tl1e rooin o The pl~op tl.n.t i7as under t:10 loose rock mu; l:noc1:ed out by the. altotn and Fuul ,7:.l.G Gtundinc by a prop 0:1 tl10 loner end, shoveling t1w l oose coul to r;ot o. pla.co to put up tho fallen prop ,::hem tho rocl: fe ll, l;)reakinc of!' o.t the prop he ':Ja:J sto.ndi ns by. bo.c:-IT,~rds . 'i'he rock caught Paul, knocking hirr, Thia roe::: extended to,mrds the i'o.oe 7 ' and ,·;as 4 ' u i d0 ., 3tt thic:~ nho:.-e it broko a1' .t' a.t the prop, und feather edged out on both niuos to l-" thiol:: . Knowin.:; this rock vruG loose and that they ,.o u l d have to r1ork under it to put the ti1:1ber up, the crow should huvo pullou the roe:~ dol'm before sto.rtinG up tho shaker II uo evidonco shot:::i thut very little o.t'.i'ort \' us nocdod �"· • �.... •• Q .. 0 t .. c ....•~ .. --~~ • o- .,,/:...:i ~i ~L.':__0',..1 ·; ,., 1 I • , • ..-.. ..;..v ~V <J i c o ..c::.:J (.., ! ...t. •1° C ,r.· . ' r, ~: s;i \ t~-_-:f.LL 1 L. �Rock .:iprings - Augus t 10, 1949 Mr . V. u • .:.Urr.:i.y : ( CG - iir . H. C. L i vinclston ·..u~. J . b . Il ugh(..S ~~ - 0has. Gros so) , .Follol'Jing i s c1 r eport oi' injury to Je s s i e Parks , 11uchinc liu.nner, No . J ~eun, ~t.ans bury £.:ine ., vt .:1I1sbury , ,iyorillne , -.,hic h oc curr~d at 7:40 u . m. , warried , and ,;as f irst h i r r..d by thi::i l,or.i.pa.ny July 9, 1947 i:llld left September 12, 194 7. h~ t'U.iS rchi r r..d J uly 16 ., 1948. approximatdy l yi.; D.I' iii s total l engt h oi' service i s ancl 2·} months . '.i'ht: crtJ\ I ha d jus t f inis hed u net J set- up f or a n c t-1 room, a nd where they broic0 i..hrou6h into the t op ent r y was u high step . They i'Jerc using the gougtl pan to lo aci tlw coal u s th~N was · insuf fici ent room to put the ducitbill on . J es sle nw.s shoveling in thu gouge pan near th.; edge o i' the stcp, his l eft fo ot slippi;;,d and '.12. s c aught bct;•1e E;n the gouge pan and tho step injur ing his 1 .,l't foot . i.Jti;~nt of injury: Fracture fi rs t mutatarsal . s econct toe, l ~it fo ot . Original Signed: VJ. E. GREB{ Sevt-re l a cera t ion �,- 'V o ' iVi::cst()fl I ..... o &l o .,.J- o ti o ~ . Hu:_;i1JL1 ~r o Ch~~ . ~rouse) ~ 9 O ri~in al Signed: W. E. GREEK �'" ~ .... l -' p '\-U .!• ....,.. I • ..... ,.'!"'" p •• .. , , .. ,,-<t• · · .,,,~ · ... t) o .!. c,._, ... . _ '-} •.t ' " , J> • c.: 1" 0. ., ~ •f ., I • .. . 3 ��r, ,J. - ...____.... .. .______._• t ... ~ O <: " (. II ), ~ o �,. 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PE.Tf.RNELL ~.-,-., �@0®0©000000000 • © 0000000000000000 0000000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �\, I ,- .i Q • 0 .. iu . , ..... ... ,-, .......... :2,;r.. ..d: illt. f.. 0REEK :!.':.:cu �\. • ,I ., l'.... l .... \. -~• .;,_... ' ., 0 ,.._ ,__ .I''• . . ~_ ...,._;o '.' .J t...., .,. '9 0 �n \ ..:. .. , .. ••••• • • ,I"' " .i'. l:i !) ~- ·- - b r., •· ~- f. l niB J& ~.. 4 1..~ 1,1 f l "'I " .. .J a,} • ~ �lkl~~~~~ ~ u '"; c:, ~ D]C]DI<l . [Q i . I)) 'iKil~ I ~ �'a •• ~ .. '1 ;:--•,t• .,,,,, , , .. -\ ~ V,._:.., -- •-•-...,..,,._, <·.:.....,' . ~{:, . . ...._. ' tl.·· ll C; �. 1 , J _ ,... .. ., ... , C .gi,:.ol 5110 ~ ... : IN. t GRE.£K �11 l . :. - • .. C :... ..... .., l ·,,,ned: ,., c. ~ EFJ(_ 1c L' �.' " ��\. ,; .~ .... 5" \l .~ :,l O , ) 0 , "' '·~ tw . : - · •• :> ·;·., . W. if,,, /,,~~.:~.h �I ~'!-. u 9 'o 0 I ,_. ,.J 1.J » .!J a · :c ,~ •.1!'~... t,;0. 1 : ....~,:_:::·1c: !l , . t. ,, UC() ) Original Signed: W. £. GREEK • ' ti JiJ �•. c - ." �ii.J.r. _ i • \ t. ~ S i;;r.cd: F. J. PETERNELL �1 ' o- · ---o u (• ,.c II,,. .. ~ . V , I.) '. ,. f . 1 ..., �tr,,.. • 'j'Pt..., • / •r ... 1.' ••• I C .: .. t• • (., , : v - vO O rie i:11:1 Si,.r,. : 1.: W.'E. GRUK �.. · : ) \.1 ~-·•/ o ~ ' t..l -· 0 ~. ()~.; :~-!'~:·.:.:; l~·'"- s' ) Q .... . '--c..• t, 0 atr ' ,. 1 . l.' "• ..... '-· �-. . . .._. ., ., • I\ _ io r r �i:J :.. t" . . . . . . J l •· �@ @ 0 0 ® @) @) @) @ @) ® ® ® @) @ @ ~ 0 0 0 0 0 0 G ~ ® @ o· ® 0 0 0 0 0 • 0 �... 'o ~_,-,Q ...?o .. o o (J () o , ..... \. .......... ... Q )1 ' , .., ..,...... ' ; -1 .. C v r o.n, : ._1 r;· :i . t • ~ ~- E. {2 , f(K -1 �... I .... . . ,. 0 \ .... ...J .:. ~ ~ . .:o .:, ~...; _.;. .. ~,. I \ , C __:..,. _. .• . ,-.J. ... ... .! ;. u c~. lo .. 'Li · . ., oc.c t ' .. • "i:.:CJ t.uJJ.t> aio.i ci' . ' Original Si::ncc.: W. E. Gfif.EK �.. - 0 • . ,. .. ..., .• l, I . ,J ,.... •"II L J-. ~ •.,.. �1- C • .I. .,.., '"':r~ ~ f, -._J M-- "'-'-c" "'"'' �-., 0 """ J " ��....,,. J . Q l..J f) r '" '• l ~ V , r .. •. J. ( .' . ?' ·• r. l . l 1• �.4,; - 'I ...'v • i 1 . rJ w. ff.,,. t �·:. f.l ...... !_, �,., •;J . •11 ., : " .. •• I =.1 . ·.z .. . I •• •.. i.-• .•' . . ,. ... • �. t 1' ,.,. . 1... . . . ,., ., ., •. ; I ' ,...,.,, -:,, ~, ,.._ ... .,:_,i,: . '• �0 @ ® 0 0 1f (nro D , ® ® @ @In) �.> .. J> V. l, '- ♦ ... . . . . 6 • �• .J...... j , •• .' 11, ... . 1. p -- . . . . . ..,..,1- ..,. ., l ' Ori_,~ :i_~._ - . . F. J. PETER1'lE.Ll _, �@ @ @~@ I @~@ ~ @~@) @J@ @b <:) @ @ =IJOO~~l @ @ ~wilfp §1m~(7)7 A @ @ @ @ @ @ @ ® �' .• " -.. •I •• ••..L....... D , D -:.. 1,, - · •: ..., ..1.... , - --.. ~·· 'I • 0 ... [. t) ,.. .a I ... .. .. �... _; ,,f . ., ,:- --~~ r J •O i: .. ~~ �0 ' 'o ,J 0 • . ,-: .J ·~.. t:. 1ktl:K �,,,. ' rJ °' n I ... :.,. ... , ..,,,:._ , !) l C, •• '..!... • ,-'.f .. t .t \"'ET':~U~H.1• �.. ·•'"' " l--1" ., • ,...... t ,_., , •J .., - _ _, l ) c·, I,, • r • • '·•!:. • Si,.~ac-d: i. E. GRJ:J~ .. ... { , .. ..,v �u /1 u ll ll 0 C] ~ ~ ~ □ II (Y;J ~ II (0 ~ . @ : II II :: n). �.... 1J .; t) a "I �.. ' , ~, L... ·..>'J •• -9 •l '-' k ' I ' ~ ) \' L, - t~ . ' . , • • l .,: C _,c,,;,., • ' i,; Origin ol Signed: W. E. GREEK I • ,_ \. 'v' ..._,,. �... \, ,. .. ' r\ ..,• ...,r, • • ,s'• • " .. ., ' 0 ' ' • �' • l • ,,. t ' . .o!'I.•• ,,.. ...\J "' .-. ,' . . _, . J,.,, _ ""' ,, ,., ' "' ,, ..... . - . ~ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Injury Reports Held by the Safety Department 1949 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1949 Subject The topic of the resource Injury Reports, Safety Department, 1949 Description An account of the resource Blueprints and letters regarding the injury reports that are held by the Safety Department. The documents are held together by a brass pin, and all papers are stapled to other papers. Some pages are faded may be hard to read. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource F.J. Peternell, William B. Rae, F.M. Bradley, Hodge Burress, W.E. Greek Identifier An unambiguous reference to the resource within a given context 1-0235 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/0a61ff56a424e15348deb0b18d2955f9.pdf ca39e047a80ea8d6f6c17f79b9c8e7a4 PDF Text Text .) / \ ,,_ - ---- ( \ I ;, r- /\ t ~ : ~-I . • I I \ I," ' -------\ ' J -(:I f (.• ,._. ;zJ ' 1/ ((\ WORKMEN'S COMPENSATION ACT OF THE . ! STATE OF WYOMING CHAPTER 258 WYOMING COMPILED STATUTES 1920 AND ACTS RELATING THERETO Furnished by W. H. EDELMAN, State Treasurer CHEYENNE,WYOMING �BRIBERY IN CONNECTION WITH WORKMEN'S COMPENSATION ACT CHAPTER 97 -S. L. 1925AN ACT making- bribery of or by a ny person employed or concerned in the administrat ion of the ,vorkmen's Compensation Act a crime, and providing- a punishment therefor. Be it Enacted by the Legislature of the State of W'.)1oming: SECTION 1. Whoever corruptly gives, or promises to give, pay, or imburse, or whoever offers to give, pay, or imburse any Court officer or employee, or any person employed or concerned under the laws of this State in the administration of the Workmen's Compensation Act, either before or after his election, appointment or employment, any money or valuable thing, or corruptly offers or promises to do any act beneficial to any such person to influence his action or to secure his assistance in the administration of the Workmen's Compensation Act, and whoever being a Court officer or employee or a person employed under the laws of this State in the administration of the Workmen's Compensation Act, either before or after his election, qualification, appointment or employment, solicits or receives any such money or valuable thing to influence him or to secure his assistance with respect to his official duty in any matter relating to the administration of the Workmen's Compensation Act, shall be deemed guilty of felony and upon conviction thereof, be imprisoned in the- penitentiary not more than fourteen (14) years. SECTION 2. This Act shall not be taken to repeal or affect any existing statute relating to bribery. SECTION 3. This Act shall take effect and be in force from and after its passage. (Approved April 25, 1925.) �4 COMPENSATION LAW The Workmen's Con1.pensation Law AN ACT providing compensation for . injuries or 1eat~ resulting from injuries, of workmen ~r?m accident occurnng m extra-hazardous employments, defmmg i:xtra-ha·~ardous employmen_ts_ and providing for the accumulation, mamtenance and admm1stration of funds in the State Treasury for the payment of such compensation and repealing Sections, 3526, 4291 and 4292 of Wyoming Compiled Statutes, 1910, and all other laws or parts of laws relating to damages for injuries or death from injuries, or in anywise in conflict with this Act, in so far as they are applicable to extra-hazardous employments. Be it Enacted by the Legislature of the State of Wyoming: §4315. This Act shall be known as the "Workmen's Compensation Law." 4316. General Provisions. Compensation herein provided for shall be payable to persons injured in extra-hazardous employment, as herein defined, or the dependent families of such, as die, as the result of such injuries, except in case of injuries due solely to the culpable negligence of the injured employee. Said compensation shall be payable from funds in the State Treasury to be accumulated and maintained in the manner herein provided. The right of each employee to compensation from such fund shall be in lieu of and shall take the place of any . and all rights of action against any employer contributing, as required by law, to such fund in favor of any such person or persons by reason of any such injury or death. Sections 3526, 4291 and 4292 and all other laws or parts of laws relating to damages for injuries or death from injuries or in anywise in conflict with this Act are hereby repealed, as to the employments, employers and employees coming within the terms of this Act. Provisions Exclusive, Compulsory and Obligatory. §4317. The rights and remedies provided in this Act for an employee on account of an injury shall be exclusive of all other rights and remedies of such employee, his personal or legal representatives or dependent family at com- �STATE OF WYOMING 5 mon law or otherwise on account of such mJury; and the terms, conditions and provisions of this Act for the payment of compensation and the amount thereof for injuries sustained or death resulting from such injuries shall be exclusive, compulsory and obligatory upon both employers and employees coming within the provisions hereof. (L. 1915, Ch. 124, §2.) Extra-Hazardous Occupations. \ t I §4318. The extra-hazardous occupations to which this chapter is applicable are as follows: Factories, garages, mills, printing plants and workshops where machinery is used; foundries , blast furnaces, mines, oil wells, oil refiner· ies, gas works, natural gas plants, water works, reduction works, breweries, elevators, dredges, excavations, transfer companies, general teaming, general trucking, smelters, powder works, laundries operated by power, quarries, engineering works, logging, lumber yards, lumbering and saw mill operations, street and interurban rdlroads not engaged in interstate commerce, buildings being constructed, repaired, moved or demolished; painting and painting operations, telephone, telegraph, electric light or power plants or lines, steam heating or power plants, railroads not engaged in interstate commerce, bridge building, the occupations of city or town firemen and city or to,vn policemen and all employments wherein a process requiring the use of any dangerous explosives or inflammable materials is carried on, which is conducted 'for the purpose of business, trade or gain, each of which employments is hereby determined to be extra-hazardous and in which, from the nature, conditions or means of prosecution of the work therein requires risks to the life and limb of the workmen engaged therein are inherent, necessary or substantially unavoidable. This chapter shall not apply in any case where the injury occurred before this chapter takes effect, and all rights which have accrued by reason of any such injury prior to the taking effect of this chapter, shall be saved the remedies now existing therefor. (L. 1915, Ch. 124, §4 ; L. 1917, Ch. 69, §1; S. L. 1919, Ch. ~17, §1; S. L. 1923, Ch. 60, §1.) 4319. Exceptions. This Act shall not be construed to apply to business or employments, which, according to law are so engaged in interstate commerce, as to be not subject to the legislative power of the State nor to persons injured while they are so engaged, nor to any employee engaged in domestic service, ranch, farm, agricultural, or horticultural · labor, or stock �'4l 6 COMPENSATION L~W raising, or any person holding an appointment as shen"'ff or deputy sheriff or constable or deputy constable. (L. 1915, Ch. 124, §5; S. L. 1923, Ch. 10, §2.) Definitions. §4320. In this Act unless the context otherwise requires: (a) "Factories" ~ean an.f" prem.is~s wherein_ power is used in manufacturing, making, alt ering, adapting, ornamenting finishing, repairing or r enovating, any article fol' the p~rpose of trade or gain or the business carried on therein including expressly any brick yard, meat-packing house,'foundry, smelter, ore r€:duction works, !im~bu_rning plant, stucco plant, steam heat ing plant, electric hghting or power plant, including all work in or directly connected with the construction, installation, operation, alteration, removal or repair of wires, cables, switch-boards or apparatus used for the transmission of electric current, and water power plant, including to\vers and standpipes, power plant,. blast furnaces, paper mill, printing plant, flour mill, glass factory, cement plant, artificial gas plant, machine or repair shop, oil plant, oil refinery plant and chemical manufacturing plant. (b) "Work shop" means any yard, plant, premises, room or place where power driven machinery is employed and manual labor is exercised by way of trade or gain or otherwise incidental to the process of making, altering, repairing, pl'inting or ornamenting, finishing or adapting for sale or otherwise any article or part of article, over which premises, room or place the employer of the person working therein has the right of access or control. (c) "Mill" means any plant, premises, room or place ~here l'n~chinery is used, any process of machinery, changing, alter1:3g or repairing any article or commodity for sale or otherwise together with the yards and premises, which are a part of th_e plant including elevators, warehouses and ~unkers, saw mill, sash factory or other work in the lumber industry. • (d) "Mine" means any opening in the earth for the purpose of extracting iron, oil coal or other minerals and all underground workings, slopes, drifts, shafts, galleries, wells and tum~els, ~nd o~her way's, cuts and openings c~mnected therewith, including those in the course of being opened, sunk or dr!ven, and includes all the appurtenant structures or machinery at or about the openings of the �STATE OF WYOMING 7 mine, and any adjoining adjacent work place where the material from a mine is prepared for use or shipment. (e) "Quarry" means any place, not a mine, where stone, slate, clay, sand, gravel or other solid material is dug or otherwise extracted from the earth for the purpose of trade or bargain or of the employer's trade or business. (f) "Building work" means any work in the erection, construction, extension, decoration, alteration, repair or demolition of any building or structural appurtenances. (g) "Engineering work" means any work in the construction, alteration, extensio n, repair, or demolition of a railway (as hereinbefore defined), bridge, jetty, dike, dam, reservoir, underground conduit, sewer, oil or gas well, oil tank, gas tank, water tank or tower, any caisson work or work in artificially compressed air, any work in dredging, work on log or lumber rafts or booms; pile driving, moving buildings, moving safes, or in laying, repairing or removing underground pipes and connections, t he erection, installing, repairing, or removing of boilers, furnaces, engines and power machinery (including belting and other connections) and any work in grading or excavating where shoring is necessary or power machinery or blasting powder, dynamite or other high e>..1)losives is in use (excluding mining and quarrying). (h) "Employer" includes any municipality, county, person, or body of persons, corporate or incorporate, and the legal representatives of a deceased employer or the receiver or a trustee of a person, corporation, association or partnership. (L. 1915, Ch. 124, §6; L. 1919, Ch. 117, §2; S. L. 1923, Ch. 60, §4.) Workman-Definition. §4321. (i) "Workman" means any person, who has entered into the employment of or works under contract of service or apprenticeship with an employer, except a person whose employment is purely casual and not for the purpose of the employer's trade or business or those engaged in clerical work, and not subject to the hazards of the business, or one holding an official position. The term "workman" shall include "employee" and the term "employee"' shall include "workman," and each shall include the singular and plural of both sexes. Any reference to a workman, who has been injured shall, where the workman .is dead, include a reference to his "dependent family" as hereinafter defined, or to his legal" representative �8 COMPENSATION LAW or where the workman is a minor or incompetent, to his guardian or next friend. (Amended by §2, Ch. 117, S. L. _ 1919.) (j) "Dependent families" as used in this chapter means such members of the workman's family, as were wholly or in part actually dep endent upon the workman for support at the time of the injury ; if it be sho~n that the surviving spouse wilfully deserted deceased W1thout fault upon the part of the deceased, such surviving spouse will not be re(Tarded as dependent in any degr ee. No surviving spous: shall be entit led to t he benefi ts of t his chapter unless he or she shall have been married to t he deceased at the time of the injury. (Amended by §3, Ch. 138, S. L. 1921.) (k) "Child or children" means boys under sixteen years of age and girls under eighteen years of age (and over said age, if physically or mentally incapacitated from earning) and shall also include legitimate children of the injured workman born after his death from injury. In other cases questions of family dependency in whole or in part shall be determined in accordance with the fact, as the case -may be at the time of the injury; the foregoing definition of "dependent families" shall not include any of the persons named, who are aliens residing beyond the jurisdiction of the United States of America, except a surviving widow, or boys under sixteen (16) years of age or girls under eighteen (18) years of age, or parent or parents, and as to such nonresident aliens the rate of compensation shall not exceed thirty-three and one-third per cent (33 1-3 %) of the rates of compensation herein provided. (L. 1915, Ch. 124, §6; L. 1917, Ch. 69, §2; S. L. 1923, Ch. 60, §3.) (1) The words "injuries sustained in extra-hazardous employment," as used in this Act shall include death resulting from injury, and injuries to employees, as a result of their employment and while at work in or about the pr~m~ses occup_ied, used or controlled by the employer, and mJunes occurr1ng elsewhere while at work in places where ~heir employers' business requires their presence and subJects them to extra-hazardous duties incident to the business! but s_hall no~ include injuries of the employees occurrmg while on his way to assume the duties of his employm~nt ?r. afte1: leaving such duties the proximate cause of which mJury is not the employer's negligence. . (m~ . The words "injury and personal injury" shall not mclude rnJury caused by the wilful act of a third person directed against an employee for reasons personal to such em- �STATE OF WYOMING 9 ployee, or because of his employment; nor a disease, except, as it shall directly result from an injury incurred in the employment. . (n) "Invalid" means one who is physically · or mentally incapacitated from earning wages. (L. 1915, Ch. 124, §7.) • Guardian May Act. §4322. In case an ·injured workman is mentally incompetent or a minor, or where death results from the injury, in case any of his dependents, as herein defined be mentally incompetent or a minor, at the t ime when any right or privilege accrues to him under this Act, his guardian may, in his behalf claim and exer cise such right or privilege and no limitation of time, in this Act provided for, shall run, so long as such incompetent or minor has no guardian. (L. 1915, Ch. 124, §7.) If Other Than Employer is Liable. §4323. Where an employee coming under the provisions of this Act received an injury under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof, and no legal liability attaching to the employer, then and in such case such employee shall be left to his remedy at law against such other person, and compensation shall not be payable under this Act. (L. 1925, Ch. 124, §8.) ?-'his Act Governs. §4324. No contract, rule, regulation or device whatsoever shall operate to relieve the employer, in whole or in part from any liability created by this Act except as herein provided. (L. 1915, Ch. 124, §9.) Blan!{ Forms Provided by the State Treasurer. §4325. It shall be the duty of the State Treasurer to prepare, cause to be printed and supplied free for use in the administration of this law such blank forms as may be needed in the administration of the act, and the forms provided by the State Treasurer shall be used as near as may be in all procedure under the act; and it shall be the duty of the State Treasurer to provide himself with such other books, records, or forms as may be deemed necessary to expedite the transaction of business under the provisions of this chapter. The State Treasurer shall also prepare and �◄ 10 COMPENSATION LAW cause to be printed for the information ~f emp_loy~es_ and workmen such helpful instructions as will assis~ mJured workmen in correctly making claims for compensat10n. (L. 1915, Ch. 124, §10; L. 1923, Ch. 60, §5.) Employer's Re por t of Accident. §4326. Whenever an accident occur s causing injury to any workman engaged in 2.ny of the extra-hazardous employments defined by this Act , it shall be the duty ~f the employer and the inj ured employee or someone on his behalf or in behalf of the inj ured employee's dependents, if he be killed or dies from the injmy, within 20 days thereafter to make a report of such accident and t he apparent injury resulting therefrom and t o file said report in the office of the Clerk of the District Court of the county wherein such accident occurred which report shall state: (1) The name of the injured workman and the time, cause and nature of the accident and injury; also whether the injury · has disabled the workman from continuing the performance of his duties. (2) Whether the accident occurred while the workman was engaged in the duties of his employment, and grew out of the employment. (3) The nature of the employment and the duties and how long the workman had been engaged in the service of such employer. (4) Whether the accident was or was not due solely to the culpable negligence of the injured employee and .if so, a statement of the facts. (5) Whether the injured workman is married or single; whether he has a dependent family, and if so, the names of the persons comprising such dependent family and their place of residence. (6) Whether the injured workman intends to claim compensation under this Act. • · Said employer's report of accident may be made upon a printed form prepared by the State Treasurer for such pu!-poses,. and shall be verified as pleadings in civil actions. Wll!ul failure or ne~lec~ on the part of any employer whose ~usmess <_>r occupation is one enumerated and defined here~n,. as bemg extra-~azardous, to report accidents causing mJlll'Y to any _of. his employees, shall be a misdemeanor and upon conviction . such employer shall be punished by a .fine of not exceeding Five Hundred Dollars ($500.00). �STATE OF WYOMING 11 The injured employee's report of accident may be made upon a printed · form prepared by the State Treasurer for that purpose. No order or award for compensation shall be made unless in addition to the reports of accident an application or claim for award is filed by the injured workman, or someone on his behalf, or in case of the death of the injured workman, by his dependents or some one in their behalf, with the clerk of the district court in the county wherein such accident occurred, within three months after the day on which the injury occurred, provided however, if the employee's report of accident is filed within the prescribed period for filing an employee's report of accident , the period of limitatio 1 for the filing of such claim shall be nine months. Neither the reports of accidents nor anything therein contained shall constitute a claim for compensation. The employee's claim for compensation may be amended at any time before an original order of award has been made in order that the workman may correctly set out the nature of his injury. (L. 1915, Ch. 124, §11; S. L. 1923, Ch . 60, §6; S. L. 1925, Ch. 124, §1; S. L. 1927, Ch. 111, §1.) lnYes tigation by the District Judge-Procedure in Disputed Cases. §4327. Whenever an injury or death resulting from injury is reported to the Clerk of the District Court of the county wherein such injury occurred, in accordance with the preceding section, it shall be the duty of said Clerk to at once notify the Judge of said Court, that such injury report has been filed in his office. It shall thereupon be the duty of said Judge to investigate the nature of said injury and claim for compensation at the earliest possible date, in such a manner as he may deem necessary to ascertain whether the claim for compensation or the amount thereof is disputed by the employer, and if there be no dispute as to the right of the injured workman to receive compensation, or as to the amount thereof, and the claim appear to be free from collusion, said Judge sl.1al1 thereupon make an order directing payment for such compensation from the State Industrial Accident Fund in accordance with the facts by him ascertained and the terms of this law. If there be a dispute as to the right of said injured employee or his dependent family to receive compensation, or as to the amount thereof, then it shall be the duty of said Judge to set the case down for a hearing at the earliest possible date and to direct notice of such hearing to be issued by the Clerk of said Court for service upon the employer and the employee at least seven (7) days before the date fixed �12 COMPENSATION LAW for said hearing which said · notice shall be se~·ved by ~he Sheriff of said county without expense to either pa1ty, except that his actual travelin~ expenses shall be allowed and taxed as costs. The heanng shall be conducted upon t he state~ent and report filed by t he ~mplo~er and su~h formal claims as may be presented and filed ~ t_h t he Cle1k of the District Court by or on behalf of the _i~Jured workman. If the employer in his report of t he mJU!J'.', alleges that the inj ury was due solely to t he_ culpable neghgei:ce ~f the injured employee, or that the_ c_la1m for C?mpensahon is one not coming within the provisions of th1s law, then a jury may be demanded by e!ther party_ and _t he cause sha.JI be tried, as a court proceedrng. If a Jur y 1s _dema!lde?, ~t may be selected from names drawn !ro~ t he five mile h1:1it jury box, as in civil cases, at any time m term or vacat10n unless a regular jm·y panel be in attendance ~t Court ?11 t he date any such hearing may occur . The takmg of evi~ence shall be summary, giving full opportunity t o all parties to develop the facts fully. The official Court Reporter of t~e district shall attend t he hearing and make a stenographic report of the evidence without cost to either party. The Court or Judge shall direct the County and Prosecuting Attorney or other competent attorney appointed by the Court to conduct the examination of witnesses on behalf of the injured workman, ·and it shall be the duty of said attorney to appear and perform such services without expense to either party. The employer may appear in person or by counsel and introduce evidence at the same hearing. No costs shall be taxed by the Clerk except fees for witnesses, who may be subpoenaed and who shall be allowed the same fees for attendance and mileage as is fixed by law in civil actions, and jury costs shall also be taxed to and paid from the accident fund, if the verdict and judgment be in favor of the employer, but if against the employer then he shall pay the costs. At the conclusion of the hearing, the Court shall enter an order pursuant to the verdict of the jury, if a jurv be called and if no jury be called, the Court or Judge shall render a decisio~ _upon the _facts and law of t he case pursuant to the provi~10ns of this J\ct, and make an order allowing or disallowmg compensat10n, as the law and the evidence may warran~. In any proceeding before a Court or Judge as af?resaid, the Co~ or _Judge. shall have authority to ap:po~nt a duly quahfled J.l!1Parhal physican to examine the mJu:ed employee a~d give testimony. ·The fee for such service shall be Five ($5.00) Dollars unless otherwise ordered by. the Court .with mileage all~wed, as is allowed to other W1;tnesses, which sh~ll be taxed, as costs, -and paid as other witness fees are paid. The employer or employee �STATE OF WYOMING 13 may at his own expense also appoint a qualified physician, who may attend and be present at any such examination of an injured employee and give testimony at such hearing or investigation. (L. 1915, Ch. 124, §12.) Appeal to Supreme Court. §4328. Any order given and made in any in vestigation or hearing by a Court or Judge pursuant to the provisions of this chapter shall be reviewable by the State Supreme Court on proceedings in enor in the manner prescribed by t he code of civil procedure; provided, however, that the petition in error, bill of exceptions and record on appeal must be filed in the Sup1·eme Court within t hirty (30) days from the date of decision or order on motion for new trial by a Court or a Judge, unless t he time be extended by order of court or Judge, and thirty (30) days shall be allowed all parties thereafter for filing briefs and said appeal shall be advanced on t he calendar and disposed of as promptly as possible. In case an appeal to the Supreme Court is prosecuted on behalf of the injured workman, the County and Prosecuting Attorney, or other attorney representing said workman, shall order a transcript of the record of the hearing and proceeding to be prepared by the official Court Reporter of the District wherein said injury occmTed and duly certified ,vithout cost to said :injured workman, and said County and Prosecuting Attorney or other attorney shall order the papers on file in the office of the District Court to be by said Clerk prepared, transcripted, certified and forwarded to the Clerk of the Supreme Court without cost to the injured workman, and the proceedings in the Supreme Court shall be conducted on behalf of the injured workman by the Attorney General of the State as a part of his official duties, and by other attorney representing said workman. In case an appeal be prosecuted on behalf of the employer, the record of the proceedings at the original hearing shall be supplied without cost to such employer, but such employer may employ counsel to conduct such appeal on his behalf.. The Court granting an appeal to an employer from an order of award shall stay, until the appeal is finally determined, the payment of said award or that portion thereof appealed from upon such terms as may to the Court seem just and proper. (L. 1915, Ch. 124, §13; S. L. 1925, Ch. 124, §2.) Court Order Recorded-Copies to Auditor and Treasurer. §4329. Every order given and made by a District Court or Judge awarding payment from the Industrial Ac- �14 COMPENSATION LAW . . d 1 yee or his dependent family, cident Fund to an mJure d e;ip ti Clerk of t he Court where shall be entered of ~-ecorh _Y f eh 11 be immediately made given and tr ue copies t er eo s a St t A f . d bY s ai·d Clerk and for warded the an d cer.... d ie . fto w , ·a e u-d 0 ditor and State Treasurer,. r espectively, J ?mmJ't shall be by each of said officers entered upon a I i cor t~ e known as the Compensation Docket and shall e au ority and direction of t he State Auditor to i_ssue w~rrants for compensation awards against the Industrial Accident F ~nd and for the State Treasurer to pay such compensation awards from said fund. ab Industrial Accident F und-A ppropr iation. §4330. There is hereby created a fund to be kno wn as the "Industrial Accident F und," which shall be held by t he State Treasurer and by him deposited in such banks as are authorized t o receive deposits of the fund s ?f. t he Stat~. The Treasurer in making said deposits shall divide t he said Industri al Accident F und into two distinct funds, one to be kno,vn as the "General Fund" and t he other to be known as the "Reserve Fund." The "General .F'und" as near as may be, shall be used for payment of all awards 1 claim~ a nd items of expense chargeable against the In fo stnal Accident Fund, and t he "Reserve Fund" shall not be used for ~ny ·<?f said payments unless the "General Fund" at the time 1s insufficient to meet the demands upon it , in \vhich case the Treasurer shall transfer from t he "Reserve Fund" to the "General Fund" a sufficient amount to meet ·the . immediate demands upon said "General Fund." The purpose of creating said "Re.~erve Fund" is to provide a fund within the Industrial Accident Fund sufficiently large to pay great and unusual demands upon the Industrial Accident Fund which might be caused by a large disaster or · by several such disasters occurring within a short time, and the "Reserve Fund" shall be kept apart from the "General Fund" and as near as may be unused in accordance with said purpose. Within thirty days from February 20, 1919, the State Treasurer shall set aside in the "Reserve Fund" Three Hundred Thousand Dollars ($300,000.00), and thereafter shall set aside in this said "Reserve Fund" at the end of ea~h ~onth twenty-~ive per cent (25%) of all moneys received m the Industnal Accident Fund during said month in excess of the amount expended, the balance of moneys so received to be used in the "General Fund." Three-fourths of the "Reserve Fund" shall be as near as may be kept invested in_U~ited State~ _Government Bonds, State, County, School District or Mumcipal Bonds. All moneys received by the State Treasurer under the provisions of this Act shall become a part of the Industrial Accident Furid. All fees or �STATE OF WYOMING 15 mileage of witnesses, jurors and physicians adjudged to bepaid from the· accident fund in any court proceeding under this Act, and all contingent expenses incurred in preparing for and in the administration of this Act shall be paid from the Industrial Accident Fund on proper vouchers and warrants. (L. 1915, Ch. 124, §15; L. 1919, Ch. 117, §15.) "Employer's Assessment" §4331. Every employer engaged in any of the occupations herein defined, as e}d;ra-hazardous, is hereby required to pay into the State Treasury for the benefit of the Industrial Accident Fund a sum of money equal to one and one-half per cent (1½ %) of the money earned by each of his employees engaged in such extra-hazardous employment during each calendar month of uch employment. Such payment shall be so made on or before the 15th day of the month follov.ring the month for whi ch such payments are computed and paid . Each employer shall continue to make mont hly conh·ibutions as above provided unless his account after making the hereinafte1· specified deductions therefrom shall equal full two per cent (2 % ) of his annual payroll computed by multiplying his current months payroll of workmen engaged in extra-hazardous employment by twelve and shall likewise be not less than Three Thousand Dollars ($3,000.00) ; provided, however, that any employer whose account is overdrawn shall be required to pay monthly a sum of money (including the payments as above specified) equal to four per cent (4 %) of the moneys earned by each of his employees engaged in such extra-hazardous employment during each calendar month of such employment until such overdraft shall be paid. Such employer shall- not be compelled to contribute when his contributions in the fund, after making deductions as aforesaid, shall equal two per cent (2 %) of his annual payroll, and shall likewise be not less than Three Thousand Dollars ($3,000.00). In addition to the other payments required by this section to be paid into the Industrial Accident Fund, every employer engaged in any of the occupations herein defined as extra-hazardous shall make a payment to be known as a "service and policing charge." Such service and policing charge shall be paid by the employer into the State Treasury for the benefit of the Industrial Accident Fund and shall not be credited to the balance of the employer ·contributing. The amount of balance in the Industrial Accident Fund to the employer's credit shall not relieve him . of his duty and liability to pay the •service and policing charge; provided, however, that no employer who pays for �COMPENSATION LAW 16 any calendar month four per cent of the moneys earned by each of his employees engaged in such extra-hazardous employment during such calendar mont h shall be compelled to pay a service and policing charge for such month. The ser vice and policing charge shall be computed on the monthly premium paid by t he individual employer into t he State Tr easury for t he benefit of the Industrial Accident Fund during each calendar month or on the premium which t he employer would have been required to pay had not the amount of t he employer's balance relieved him from t he payment of a premium. The amount of the service and policing char ge shall be determined according to the following schedule: Where the Monthly P ayment is- ,Service and Policing Charge for the Month Less than $10.00 ___ _______ __ __ ____ ____ $ 2.00 00 i~ ~g:gg i~f l. ============= f·o• o 40.00 " $ ~g:gi $ 30.01 to 40.01 to 50.01 to 60.01 to ============= 50.00 60.00 70.00 " " " ___ ___ _____ __ _______ __ ____ 16:gg 15.00 20.00 ~g:gg 90.01 to 100.00 100.01 to 250.00 250.01 to 500.00 500.01 to 750.00 750.01 to 1000.00 1000.01 to 2500.00 2500.01 to 5000.00 Over $5000.00 :: " " ,, " " ,, ,, ---- - - - --- - -------------------------------------------------------- - ----------------------------------------- 25.00 30.00 35.00 50.00 75 .oo 100.00 125.00 150.00 175.00 209.00 ~8:8i i~ -----------------------For the purpose of encouragin . the employers and· thus decreasing !cc1~~~t~~ the plart of and to the end that each em . o emp oyees, injuries to the workmen of s P1hyer shall compensate all of other employers, the State uTr em~loyer and not those arate account for each employ _easmer s~all !ceep a sepfund and shall charge a ainst er so contnbutmg to said all warrants paid from fhe Indt~et ~c coAunt_of each employer. na1 cc1dent Fund. (a) As awards for inJ·u .• t O ployer. nes employees of such em0- �STATE OF WYOMING 17 (b) In payment of medical and surgical supplies and medical or hospital attendance of an employee of such employer. (c) ·In payment for investiga)tions of accidents of such employer, or in payment of investigations of injuries to his employees. (d) In payment of witness fees in cases wherein an order of award is granted to the employee of such employer. (L. 1915, Ch. 124, §16; S. L. 1917, Ch. 69, §3; S. L. 1919, Ch. 117, §4; S. L. 1923, Ch. 60, §7; S. L. 1925, Ch. 124, §3; S. L. 1927, Ch. 111, §2.) Copy of Payroll to State Treasurer. §4332. It shall be the duty of each employer to forward to the Stat e Treasurer on a blank form provided by said State Treasurer a true copy of his pay-roll of persons in his employ engaged in extra-hazardous employment during the cun-ent calendar month, sworn to either by himself or the person having knowledge of said pay-rolls. Each employer, unless otherwise supplied with the last above blank forms, shall seasonably apply to said State Treasurer for the same. It shall further be the duty of each employer heretofore mentioned to notify the State Treasurer in the event that he has ceased to employ workmen in occupations of an extra-hazardous nature as defined by this Act. Any failure of any such employer to file with said State Treasurer a copy of his pay-roll as herein provided, shall be a misdemeanor, and any wilfully false statement in any affidavit made . as herein provided shall likewise constitute a misdemeanor, and any misdemeanor committed as in this Act provided shall be punishable by a fine of not more than Five Hundred · ($500.00) •Dollars. (L. 1915, Ch. 124, §17; L. 1917, Ch. 6~, §4; L. 1919, Ch. 117, §5; S. L. 1923, Ch. 60, §8.) Powers of State Treasurer and Attorney General. §4333. The State Treasurer is authorized and empowered for the purpose of enforcing the provisions of this act to appoint two inspectors, the salaries and actual and necessary traveling expenses of such inspectors to be paid out of the Industrial Accident Fund. In case any employer engaged in any extra-hazardous business or industry, as defined by this Act, shall fail or refuse to pay the assessment upon his current monthly pay-roll, as is required by this Act, he shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred �18 COMPENSATION LAW Dollars ($500.00) , and in addi tion to the sa}d fin e it s~all be t he duty of the Attorney General of t his State to rn~mediately bring suit in the name of t he ~tate for t he benefit of t he Industrial Accident F und agams~. su_ch emplo~er for t he collection of such assessment, 3:nd 1f_a Judgm ent ror t he r ecover y of said assessment be . given m ~avor o~ t he State for t he use and benefit of t he Industnal Accident Fund said judgment shall be fo r doubie t he amo unt of t he pay-r~ll assessment pr ovided in Sect10n 4331 hereof, together with costs. (L. 1915, Ch . 124, §18; L. 1917, Ch . G9, §5; S. L. 1923, Ch. 60, §9; S. L. 1927, Ch. 111, §3.) Compensation Schedule. §4334. Each employee, who shall be injured in any of the extra-hazardous employments, as herein defined, or t he dependent fam ily of any such injured ·workman, who may die as t he r esult of such inj uries, except in case of injuries due solely to t he culpable negligence of such injured employee, shall receive out of t he Industrial Accident F und, co:mpensation in accordance wit h t he following schedule, and such payment shall be in lieu of and take t he place of any and all rights of action against any employer contributing, as required by t his Act to the Industrial Accident Fund in favor of any per son or persons by r eason of any such injuries or death. (a) "Permanent partial disability" means the loss of either one foot, one leg, one hand, one arm, one eye or the sight of one eye, one or more fingers, one or more toes and di~l~cation where the ligaments are severed, or any o!her. ~nJury known to surgery to be permanent partial d1sab1hty .. f"or any p~rmanent p_artial disability hereinafter specifically descnbed, resultmg from an injury the workman shall receive a lump sum as follows: ' For the loss of a thumb_____ ________ $ 225.00 For the loss of a first finger _______ -------= • 200.00 For the loss of a second finO'er 150 00 For the loss of a third finge; __ =-------- - 150:00 For the loss of a fourth finger _________ ----150.00 For the loss of a palm (metacarpal bone)--- -600.00 For the loss of a hand_____________ -- - -- 1 00 00 FFor tthhe Ioss off an arm atbor below elb~.;:,====== 1:ioo:00 or e 1oss o an arm a ove elbow__________ 1,500.00 For Anky-los_is. (~otal stiffness of) or cont.ractures (due to scars or mJur1es) which makes the fingers more t~an useless the same ar_nounts apply to such fin er or fmgers (not thumb) as given above. _ g �STATE OR WYOMING 19 The loss of a t hird or distal phalange of the t humb shall be considered to be equal t o the loss of one-half of s uch t hum b; t he loss of t he more t han one-half of such t humb shall be considered to be eq ual to t he loss of the ·whole t humb. The loss of a t hird or distal phala nge of a ny finger shall be consider ed t o be equal t o the loss of two-t hirds of such finger . The loss of more t h an th e middle and distal phalanges of any finger shall be consider ed to be equ al t o t he loss of t h e ·whole finger; provided, h owever , t hat in no case s hall the amount received for more t han one fi nger exceed t he amount provided in t his schedule for the loss of a hand. For t he loss of a gr eat toe _____ __ ____________ _ $200.00 For t h e loss of one of t he toes other t han great toe 150.00 The loss of more than two-thirds of any t oe shall be consider ed eq ual t o the loss of t he whole toe. The loss of less than t wo-t hirds of any toe shall. be considered equal to t he loss of one-half of t he toe. F or t he loss of a foot_ _____ ___ ___ ___________ $1,000.00 For the loss of a leg below the knee_____ ___ __ 1,200.00 For the loss of a leg above the knee_______ __ _ 1,500.00 For the loss of an eye or the sight thereof_ ___ 1,500.00 For any oj,;her inj ury known to surger y to be permanent partial disability , the workman shall r eceive a sum in the amount proport ional to the extent of such permanent partial disability based as near as may be upon the foregoing schedule, but in every such case t he amount allowed for the injury shall be paid in monthly installments at the rate of Fifty Dollars per month if the workman be unmarried at the time of the injury, and at the rate of Sixty Dollars per month if the workman has a wife with whom he is living at the time of the injury, provided, however, that the court making such award shall retain jurisdiction of the same until said award shall have been fully paid, with power to modify or change the amount of the award to conform to any change in the condition of the injured workman, and shall have power at any time during said period, upon application and hearing, with notice to the employer, and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the injurea workman as a lunip sum. (b) "Permanent total disability" means the loss of both les-s or both arms, total loss of eyesight, paralysis or �,, '' 20 COMPENSATION LAW other conditions permanently incapacitati?g the work~an from performing any work at any gamful occupat10n. Where there has been a previous disability, as the loss of one eye, or the sight thereof, one hand, one foot, or a1:y o~~er previous permanent disability, the percei:tage of disabil_ity for a subsequent injury shall be determined_ by. ~eductm_g therefrom the percentage of the previous disability, as it existed at the time of the subsequent injury. When permanent total disability results from the injury the workman shall receive the sum of Four Thousand ($4,000.00) Dollars, but in every such case the amount allowed for the injury shall be paid in monthly installment s at t he r1:1-te of Fifty Dollars per month if the workman be unmarried at the time of the injury, and at t he rate of Sixty Dollars per month if t he workman has a wife with whom he is living at the time of the injury; provided, however, that the court making such award shall retain jurisdiction of the same until said award shall have been fully paid, with power to modify or change the amount of the award to conform to any change in the condition of the injured workman, and shall have power at any time during said period, upon application and hearing, with notice to the employer, and a showing of the necessity therefor, to order all or any part of t he unpaid balance of the award to be paid to the injured workman as a lumJj sum; provided that if the workman shall die leaving an unpaid balance of the award, then such unpaid balance shall be returned to the Industrial Accident Fund and be credited to the employer's balance. If the workman suffering such permanent total disability fiave a boy or boys under sixteen (16) years of age, or girls under eighteen (18) years of age, the guardian of such child or children, appointed as hereinafter provided, shall receive for the use and benefit of said child or children, a lump sum of One Hundred and Twenty ($120.00) Dollars per year for each boy under sixteen (16) years until the time when each of said boys shall become sixteen (16) years of age, and a lump sum of One Hundred and Twenty ($120.00) Dollars _Per ye~r for each girl und~r eighteen (18) years of age until the time when each ~f said girls shall become eighteen (18) years of age; provided that the aggregate lump sum paid to said guardian shall in no case exceed Four Thousand ($4,000.00) Dollars, and any and all awards made on account of any such child or children shall be disbursed under a pro:per guardianship to be c;eated by the Court or Judge makmg such award . . (c) "Te~porary total disabilit.(y" means an injury which thoug!'i it .maY: Fesult or does result in a permanent total or partial disability, temporarily incapacitates the in- �STATE OF WYOMING 21 jur~d person fr?m performing any work at any gainful occupat10n for the time, but from which injury such person may recover by medical or surgical t reatment and be able to resume work. In such case, if t he workman be unmarried at t he t ime of t he injury he shall recei ve t lie sum of Fifty ($50.00) p ollars per month, so long as t he total disability shall cont inue. If he have a wif e with whom he is living at t he time of t h e inj ury, he shall receive Sixty ($60.00) Dollars per month, and if he have boys under sixteen (16) year s of age or girls under eighteen (18) yea.rs of age or both he shall r eceive for each Seven and One-half ($7.50) Dollars'per month, but the total monthly payments shall not exceed Ninety ($90.00) Dollars per month. No compensation except t he expense of medical attention shall be allowed for th e first seven (7) days of disabi lity, unless the incapacity extends beyond t he period of twenty-one (21) days, in which case t he compensation shall run from the t ime of t he inj ury. As soon as r ecovery is so complete t hat t he ea.m ing power of t he workman at any kind of work is r estored, t he payments shall cease, but in no case shall the total payments made in s uch cases exceed in t he aggregate t he lump sum amount herein specified to be paid an injured workman for injuries causing perma nent total disability. When the workman has non-resident alien children he shall receive only one third of the sum above fixed for boys under sixteen years of age and girls under eighteen years of age. (d) In all cases of temporary total disability, permanent partial disability and permanent total disability, the expense of medical attention and of care in hospital of the injured workman shall be paid from date of said injury, the expense of medical treatment not to exceed One Hundred and Fifty ($150.00) Dollars in any case and the expense of care in hospital not to exceed One Hundred and Fifty ($150.00) Dollars in any case, unless under general arrangement the workman is entitled to medical attention and care in hospital, . or the employer furnishes adequate and proper medical attention and hospital facilities to his employees, provided, however, that no bill or fee for medical attention or care in hospital shall be allowed or paid without notice to the employer and a hearing if requested by said employer. The State Treasurer shall have the power to establish a schedule fixing the fees for which all medical, surgical, hospital or other legalized forms of treatment rendered to employees under this .section shall be compensated. Each physician or surgeon attending a workman injured while engaged in extra-hazardous occupation shall file with the Clerk of the Court of the county within which such injury occurred and with the State Treas- �22 COMPENSATION LAW urer under rules to be pr.esci··1bed b )'. the . Stat e Treasurer . f ha full and complete report fully d~scn bmg th e ~ a~m 0e1 injuries to such workman ; pr?v1d_e? t hat SU? / eP, s \1 not be r equired unl ess t he d1sab1hty _r~sul t m"' f ~~m su~ inj ury last· through t he day or. the m~ ury 1:eq u1~e me ical services other t han the ordmary fll'st aid treatment. Any physician or surgeon faili ng to fi~e any report 8:s herein provided hall be punished by a fme of not more t h_an Fifty ($50.00) Dollars. Where death _results from an mjUl'y t he expense of burial shall be pa1~ not to exceed One Hundred and Fifty ($150.00) Dollars m any case, unless ot her arrangements exist between employer and ernp~oyees under agreement . (S. L. 1923, Ch. 60, §11; S. L. 1920, Ch. 124; S. L. 1927, Ch. 111, §4.) .f J i (1) But if the wor kman leaves a widow or i!walid widower to whom she or he has been regularly marned by a marri~ge duly solemnized by a legal ceremony, such s urviving spouse shall receive t he sum of Two Thousand ($2,000.00) Dollars, but in ever y such case t he said award shall be paid in mont hly installments at t he ra te of Fortyfi ve ($45.00) Dollars per mont h; provided, however, that t he co urt making such award may upon application and hearing, wit h notice to the employer and a showing of the necessity therefor, order all or any part of the unpaid balance of the award to be paid to the surviving spouse as a lump sum. If the surviving spouse shall re-marry before all of said award has been paid, then he or she shall only be entitled to recei ve the sum of Two Hundred and Seventy ($270.00) Dollars out of the unpaid balance of said award, and further payment shall cease, and any balance of 'the award shall return to the General Fund and the same shall be credited to the employer's balance; if the surviving spouse shall die before all of said award has been paid then further payment shall cease and any balance of the award shall return to the General Fund and the same shall be credited to the employer's balance. Provided, further, that if it be shown that the surviving spouse wilfully deserted deceased without fault upon the part of the deceased, such surviving spouse shall not be regarded as a dependent in_ any degree, but in such case the right of boys under sixteen (16) years of age and girls under eighteen years of age to compensation shall not be defeated. If said workman leaves a surviving boy or boys under sixteen (16) years of age_or girl or girl~ under ~ighteen (18) years of age, the guardian of such child or children appointed as hereinafter provided, shall receive for the u;e and benefit of said child or children, a lump sum of One Hundred and Twenty· ($120.00) Dollars per pear for each surviving boy �STATE OF WYOMING 23 un_der six~e~n (16) years of age until the time when each of said surv1vmg boys shall become sixteen (16) years of age, and a lump sum ~f One Hundred and Twenty ($120.00) Dollars per year for ~ach surviving girl under eighteen (18) years of age until the time when each of said survivi1~g girls shall become eighteen (18) years of age; provrded ~hat the aggregate lump sum paid to said guardian shall 111 no case exceed Three Thousand Six Hundred ($3,600 .00) Dollars. In all cases where an order of compensation is made on account of boys under sLxteen (16) years of age, or gir)s under eighteen (18) years of age, or both, or to per sons incompetent, said fund s hall be disbursed under a proper guardianship to be created by the Co urt or Jud ge making s uch an order. (2) If t he inj ured workman di e during the period of temporary total di sability and after receiving compensation therefor, as herein provided, and his death be shown to have resulted from such injuries, the widow and the guardian of the workma n's boys und er sixteen (16) years of age and girls under eighteen (18) years of age shall be entitled to an a,vard because of the death of the workman as herein provided, but the total amount of payments in excess of Two Thousand Four Hundred ($2,400.00) Dollars received by the injured workman during such disability and prior to his death shall be proportionately deducted from the amounts herein provided to be paid to the surviving widow and the guardian of the workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age. (3) If any workman die within one year from the date of receiving an award for permanent partial disability and his death be shown to have resulted from the injuries for which the award was granted, the widow and the guardian of the workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age shall be entitled to an a·ward because of the death of the workman as herein provided, but the amount of the payments received by the injured workman prior to his. death. shall ~e proportionately deducted from the amounts herem ~rovided to be paid to the surviving widow and the guardian of the workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age. ( 4) If any workman die within two years f~cim. ~he date of receiving an award for permanent total d1sab1hty and his death be shown to have resulted from his injuries, the widow of said workman shall be entitled to an award because of the death of the workman as herein provided, but the amount of the payments received by the injured �24 COMPENSATION LAW workman in excess of $2,000.00 prior to his death shall be deducted from the amount of her award. (5) If the workman leaves no widow, o~· widower or boy under the age of sixteen (16) years, or g1rl under the age of eighteen (18) years, but leaves a parent or pare1;1ts surviving such survivino- parent or parents shall receive a lump s~m of One Thou:and ($1,000.00) Dollars; provided a parent or parents who are non-resident aliens shall receive a lump sum of one-third of One Thousand ($1,000.00) Dollars. (L. 1915, Ch. 124, §19; S. L. 1917, Ch. 69, §6; S. L. 1919, Ch . 117, §6 ; S. L. 1921, Ch. 13_8, §7; S. L. 1923, Ch. 60, §11; S. L. 1925, Ch. 124, §4; S. L. 1927, Ch. 111, §5.) Forfeiture by Injured Emp loyee-Payme nt Withheld . §4335. If any injured employee shall persist in unsanitary or injurious practice, which tends to imperil or retard his recovery, or if he shall refuse to submit to such medical or surgical treatment, as is r easonably essential to promote hi s recove1-y, he shall forfeit all right to compensation under this Act; and ,vhere a n injured employee is under care and t reatment of a physician, he shall no t be permitted to perso nally receive or use any compensation payments allowed him under this Act, except upon the order of such physician, but such payments shall be withheld and delivered to such injured workman upon his recovery or discharge . by such physician. Exemption from Execution or Attachment. §4336. No money paid or payable under this Act out of the Industrial Accident Fund shall, prior to issuance and delivery of the warrant therefor be capable of being assigned, charged or ever be taken in execution or attached or garnisheed, or shall the same pass to any other person by operation of law any such assignment or charges shall be void. Minor Workmen. §4337. A minor working at an age legally permitted under the laws of this State shall be deemed sui juris for the purpose of this Act and no other person shall have any • cause of action or right. to compensation for injury to such minor workman, except as expressly provided in this Act but in the event of a lump sum payment becoming du~ under this Act to such minor workman, the management of same shall be within the probate jurisdiction of the Courts the same as any other properties of minors. ' �STP,..TE OF WYOMING 25 Extra-Hazardous Public Work-Contract Work. §~3~8. Whenever th~ State, county or any municipal corpoiat10n shall engage m any extra-hazardous work in wh1~h workmen are employed for wages, this Act shall be apph~able th_ereto. The employer's payments into the Industrial Accident Fund shall be made from the Treasury ~>r the State, county or municipality. If said work is bemg done by contract, the payroll of the contractor and ~he sub-contractor shall be the basis of computation and ~n the case of contract v. oTk consuming less than one year m performance the reqmred pay'm ent into the accident fund shall be subject to the provisions of this Act and the State for its general fund, the co unty or municipal corporation shall be entitled to collect from the contractor the full amount payable to the Industrial Accident" Fund and the contractor in turn, shall be entitled to collect from the sub-contractor his proportionate amount of payment, the provisions of this section shall apply to all extra-hazardous work done by contract, except that in private work the contractor shall be responsible, primarily and directly, to the Industrial Accident Fund for the proper percentage of the total payroll of the work and for the amounts due it, and the owner of the property affected by the contract shall be surety for such payments. Whenever and so long as the state law, city charter or municipal ordinance, provision is made for municipal employees injured in the course of employment, such employee shall not be entitled to the benefits of this Act and shall not be included in the pay-roll of the municipality under this Act. Safety Devices. §4339. Nothing in this Act contained shall repeal any existing law , providing for the installation or 11!-aintenanc_e of any device, means or method for the prevention of a_cc1dents in extra-hazardous work or for a penalty or pumshment for failure to install or maintain any such protective device, means or method. Fees for Services in Procuring Compensation Limited. §4340. It shall be unlawful for any person ?r any number of persons acting togeth~r or separately or m any way, including attorneys, agents, mte~pret~rs, an~ all other _pe~sons, to receive or agree to receive _e1_th~r directly OF md1rectly from any beneficiary or beneficiaries _under. t~1s Act, for services rendered or to be rendered, e1th_er Jomtly _or separately, in relation to procuring any ben~fit or benefits under this Act, any sum or sums aggregab,ng more than �26 COMPENSATION LAW fi ve percent um of t he whole amount r eceived or to be received by such benefi ciar y or beneficiaries on accoun~ of injuries to a ny employee, and in no event to exceed F 1f~y ($50.00) Dollars. Every person violating or concerned_ m t he violat ion of the provisions of t his section shall be g ~1lty of a misdemeanor and upon conviction t hereof shall be f med not less t han fi ft; dollars nor mor e than fi ve hundr ed dollars, to which may be added imprisonment in t he ~o unty j ail fo r a t erm not exceeding ninety days. It shall ne t he du t y of the county and prosecuting attorn ey of the cour:ty in ·which any injury occ urs to give all necessary legal a dvice to any injured workman or his dependent, who may seek advice in making and fil ing claims for compensation, an d to prepare all statements of claim or other papers necessary or advi sable to be £iled by such ·w orkman or depend ents, free of all char ges and co. ts. (Amended by s 8, Ch. 138, S. L. 1921.) Ph ys icians Re quired to Tes tify. §4341. Any physician having attended an employee in a professional capacity may be r equi red to test if y before any Court or Judge wh en so directed in cases comi ng within t he provisions of t his Act, and t he law of privileged communicati on between physician and patient, as fi xed by statutes, shall not apply in such cases. False S tat ement by Employee. §4342. Any employee or workman who shall m.a ke or cause to be made on his behalf any misrepresentation or fal se statement for the purpose of receiving compensation under this Act to which he is not lawfully entitled shall be guilty of a misdemeanor, and shall, upon conviction, be fined not more than Three Hundred ($300.00) Dollarn or imprisoned for not more than ninety (90) days. Statistics Compiled by State Treasurer. §4343. It shall be the dut~ of the State Treasurer to secure and compile statistical information concerning accidents, occurring in the extra-hazardous employment defined by this Act, showing the number of accidents or fatalities occurring in each of said employments, the amount paid in by each employer coming within the provisions of this Act; the amount paid out on account of injuries or death resulting from injuries in such employments and 'any other information relating to the operation or administration of this law that may be of interest and to make a full report thereof, together with such recommendations as he �STATE OF WYOMING 27 may .deem proper for changes or amendments herein and to pu blish a full repor t thereof, t o the Governor on 0 ; before t he 31st day of December in each year. (Amended by §7, Ch. 69, S. L. 1917.) State T reas urer l\Iay E xa mine Empl oye r's n oo ks. §4344. The State_ Treasurer may at any ti me on t wenty-four ho ur s notice, (unless such notice is waived ~Y t ~e employer) either in person or thro ugh any authorized rn spector, agent or deputy, exami ne t he books, accounts or pa:yrolls of a:ny emp!~yer at ~my t ime for t he p urpose of securmg an y mformatwn desU"ed in t he administra tion of t his Act. (S. L. 1927, Ch. 111, §6.) Disabled , v nrkm en E xa mined 1Jy E mploye r's P11ysician-Rccover y RepQr ted to Cour t. §4345. Any workman awarded compensation for temporary total disability under this Act as defi ned by clause (c) of Section 19 hereof shall, if t hereaf ter r equested by his employer, submit himself for medical examination by a physician licensed to practice medicine in t his State, at a place designated by t he employer and which shall be reasonably convenient for the workman, and said workman may have a licensed physician present of his own selection. The purpose of s uch examination shall be to determine whether the workman has recovered so that his earning power at any · kind of work is restored. If it be agreed that the workman has r ecovered so that his earning powe1· at any kind of . work is restored, the fact shall be reported by the employer and said physician to the Judge of the District Cour t who made the award in the first instance, or if there be a dispute as to the recovery of the workman and his restoration to earning power, it shall be likewise reported to said Judge by filing a statement in either case in the office of the Clerk of the District Court of the county where the award was made and the matter shall be disposed of in such manner as said Judge may deem proper under the facts. If said Judge find that said workman has recovered and_has been restored to his earning power and that compensation should be discontinued · his decision and judgment in the premises shall be certifi;d to the State Auditor and State Treasurer and shall be authority and direction to said officers to discontinue compensation payments. ~f t~e workman in such case refuse to submit to such exammahon or obsh·ucts the same, his right to monthly payments shall be suspended until such examination has taken place, and no compen~ation shall be payable during or for account of such period or refusal. �I I' 28 COMPENSATION LAW Employee's Statement of Dependent Persons. §4346. All employees or workmen coming wit_hin the provisions of t his Act shall be required upon enterm~ service in any of the extra-hazardous employments ~erem defined to make and sign a written statement sett mg forth the names of the per sons dependent upon them for support or constitu ting member s of t heir dependent families, in each case giving t he names and ages of t heir boys under ~he age of sixteen (16) years and gir ls under the age of eighteen (18) years. Accounts I nactive Thr ee Yea rs to Be Closed. §4347. Any balance standing to the cr edit of any employer in t he Industrial Accident Fund for three years after said employer shall have ceased to engage in Wyoming in the occupation on account of wh ich his said contributions ha ve been made shall be debited from his accou nt to the profit and loss account of said fund, and said employer's account shall be t hereupon fin ally closed, and thereafter the said balance shall permanently r emain a part of t he Industrial Accident Fund. Payments of Employers N ot to Be Refunded-Transfer and Assignment. §4348. All payments made into the Accident Fund by any and every employer under the provisions of this Act shall be taken as paid and received in consideration of the indemnity to such employer by reason of his contributing to the Industrial Accident Fund, and in consideration of the payments made by the State to such fund. Provided, that when any employer engaged in an extra-hazardous occupation as defined in this chapter, has heretofore sold and conveyed, or shall hereafter sell and convey his or its property to a purchaser whq continues to conduct and carry on said business at the same place the seller shall be entitled to transfer and assign to the purchaser all rights, benefits, privileges and immunities accruing to such employer by virtue of any sum then on deposit to his or its credit in the Industrial Accident Fund in the State Treasury under the provisions of said Act; and upon filing such assignment with the State Treasurer, the purchaser shall succeed to all said rights, benefits, privileges, immunities of said employer. Said purchaser shall be subject to obligations of compensation against the seller incurred and existing at the date of such assignment; provided, that no part of any moneys so paid in by any em_ployer shall ever be refunded to him either during the time when he continues in business as such �~ STATE OF WYOMING 29 employer, or a:ter he c~ases such business. Provided that ;~~ei;~wti,n gkund;r tche provisi?ns of said Act or men s ompensabon Fund " the sum of at least ~5,000.00, and Provided further if this' cha _ ter •shall or held 1·nval"d P h • be• he1 th eafter • d repealed . 1 , th e moneys whic am 11: . e m ustrial f~nd at the time of disposition as ~ay _be Pl ov1_d~d by the legislature, and in default of such leg1slat_1ve pro:71s1~n, distribution thereof shall be in accordan~e w~th the Justice of the matter, due regard being had to obhgat10ns of compensation incurred and existing. (Amended by §1, Ch. 76, S. L. 1921.) :~:rr ;;?i~~~l Rights of Action. §4349. Nothing i_n !he Workmen's Compensation Law shall be constru~d to hm1t or affect any right or action by ~n employee agamst an employer for injuries received while 1~ the employ _o~ s~ch ~mployer when such employer at the tim_e of such mJur1es 1s not contributing to the industrial accident fund as provided in this Act. Right of State Treasurer to Appeal. §4350. The State Treasurer shall have the right to appeal to the Supreme Court from any final order or judgment in any District Court of the State awarding compensation or declining to award compensation although he was not a party to the proceedings in such District Court, apd upon the perfecting of any such appeal the Court allowing the appeal shall issue an order staying the execution of the final order or judgment appealed from without requiring any bond. The Attorney General shall act as the attorney of the State Treasurer in every such appeal, and each appeal shall be conducted without expense to the Industrial Accident Fund. (S. L. 1925, Ch. 124, §5.) Date for Filing Prior Claims. §4351. All bills or claims for medical, surgical or hospital services rendered to any injured vi.:orkman under the provisions of the Workmen's Compensat10n Act more than thirty (30) days prior to the date. this law becomes effective shall be filed with the District Court of the. propE:r County within fifteen (15) days afte:r: the dat~ on which ~his Act becomes effective, and no such bill or claim for services or expenses whatsoever shall be allowed by the Court or paid from the Compensation Fund unl~ss the employer sh3:ll have prior notice thereof and a hearmg be had thereon 1f a hearing is requested by the employer. '· �30 COMPENSATION LAW Bills to Be Itemi zed-Time for F iling. §4352. All bills fo r medical attendance, expense or disbu rsements, and for hospital services, shall be properly dated, itemi zed and verified by the claimant or the same shall be disallowed by the Court, and every doct or who shall attend an inj ured workman shall within ten (10) days after t he fi rst of t he mont h succeeding t hat in which h e Tendered ser vice to the inj ured workman fil e with t he Clerk of th e Dish·ict Court of the proper County, his itemized and verified bill for all services rendered by h im and expense incurred in behalf of t he injuxed workman during the previous month, and shall send a copy thereof to the Stat e Treasurer , and all claims for medical attendance or medi cal services not so filed within the t ime specified sh all be disallowed by th e Court. N otification by Doctor. §4353. E very doctor who accepts the case of an injured workman, and every hospital which accepts the case of an injured workman shall wit hin ten days after accepting such case file a written notice t hereof with the Clerk of the District Court, and shall send a copy of such notice within said ten (10) days t o t he State Treasurer and anot her copy within said period to t he employer of the injured workman. Any doctor or hospital failing or refusing to file the notice within the time designated with the Clerk of the Court or to send copies thereof within said period to the State Treasurer and the employer of the injured workman shall forfeit any remuneration or award from the Compensation Fund for any services, care or attention rendered to such injured workman or any facilities furnished to him. Awards. §4354. Every award within the meaning of this Act is a judicial determination of the rights of the employer, the employee and the Industrial Accident Fund as to all matters involved. No award of compensation or allowance of any expense or claim chargeable against the account of any. employer contributing to the Industrial Accident Fund shall be made without notice to such employer and hearing unless such employer shall consent thereto. Re-opening of Cases. §4355. The State Treasurer shall have the right to cause any case to be reopened in which an order of award has been made, provided he shall cause a petition for the reopening of the case to be filed with the court which granted �STATE OF WYOMING 31 'the award, within thirt~ days after the date on which the order of ~\\_'ard was received in the State Treasurer's office. Such petit10n must show probable cause that error was made m t he amo un t of the award or the character of the award or _the grounds on which the award was made, and m~y specify a . a r e~son for re-opening the case existing evidence not given m t he original hearing, showing the general natur~ ~nd effect of such evidence. On the filing of sue~ a petition and on t he court finding that probable cause 1s shown t hereby, the court shall stay the award and upon rea onable notice to all parties re-open t he cas; and set the same for hearing de novo. The State Treasurer may take uch part in t he new hearing as he may deem advisable and shall have every right and privilege of a party to the cause. He shall have the right of appeal to the Supreme Court from any order in such new hearing, either grant ing an award or refusing to grant an award. He shall also have a right of appeal from an order refusing to reopen a case. In addition and without the necessity of presenting any petition for the re-opening of a case to the trial court, the State Treasurer shall have the right to appeal to the Supreme Court from any order or jud~ent in any_ d_istrict court of t he State awarding compensat10n or dechmng to award compensation although he was not a party ~o the proceedings in such District Court. Upon the perfectrng of any appeal instit uted by. the State Treasure~· the court allowing the appeal sh~ll issue an order sta!rng t_he exec.ution of the order or Judgment appealed frnm . without Iequiring any bond. The Attorney General or his deputy- or assistant shall act as the attorney <?f the State Treasurer in all cases. All costs of new hearrngs granted upon the petition of the State Treasurer and all cost~ of appeals conducted by the State Treasurer shall be paid by the I!1d~:trial Accident Fund except such costs as the Cour~!n \ s discretion shall ass~ss against any of the other pa ies 0 the cause. Deferred Payment Account. \~~! §4356. Whenever an ?rder 0 {tii;a;;~~!~t:P~ti!y8 the award is to be paid m mon t thereof against the acTreasurer shall charge t~e tf:11~u~ured workman and shall count of the employer O . e mJd from the General Fund transfer the amount of ~id awfrwhich account shall thereinto a Deferred Payment c~oun ' ent of the award. Interafter be alone liable for t\e jayment Account shall be paid est earned by the Deferre a)ras all amounts repaid or into the General Fund, as we �32 COMPENSATION LAW returned to said General Fund under the Provisions of this Act or by reason of modification of orders of award. Whenever a modification of an order of award increases the amount of the award the additional amount shall be charged against the employer's account ·and transferred from the General Fund into t he Deferred Payment Account, and whenever a modification of an order of award decreases the amount of the award the amount of such decrease shall be transferred from t he Defen-ed P ayment Account to the General Fund and credited to t he account of the employer. Existing Contracts a nd Pending Actions Not Affected. §4357. This Act shall not affect any contract entered into and existing before its passage or any action pending or cause of action existing prior to April 1st, 1915. §4358. This Act shall take effect and be in force from and after the 1st day of April, 1915. Bill approved February 27, 1915. Amendments Approved February 19, 1917. Amendments Effective April 1, 1917. Amendments Approved February 25, 1919. Amendments Effective April 1, 1919. Amendments to Section 15 ( 4330 Wyoming Comp. Statutes, 1920). Effective February 17, 1921, by Ch. 65, S. L. 1921. Amendments Approved February 24, 1923. Amendments Effective April 1st, 1923. §4347 new, by Ch. 68, S. L. 1921. Effective February 17, 1921. Amendments Approved February 25, 1925. Amendments Effective April 1, 1925. Sections 4351, 4352, 4353 and 4354 new, by Ch. 124, S.. L. 1925. Effective April 1, 192~. Arnend~ents Approved March 5, 1927. Amendments Effective April 1, 1927. Sections 4355 and 4356 new, by Ch. 111, S. L. 1927. �....... STATE OF WYOMING • 33 CHAPTER 159 -S. L. 1925COAL MINE CATASTROPHE INS{JRANCE AN ACT to provide coal mine cat ·t. h • a nce and the accum ulation ai1 a s rop e insurance and the insurinsui·a nce pr emiu m f und , and fdo 1~sethto end of a catastr ophe o er that purposes. Be it Enacted by the Lernslatu.re of the State of W)•oming: Definition. SECT~ON 1. . The word, catastrophe, as used in this Act means a disaster m a coal mine or mines causing the payn_ient through . t he operation of the workman's compensation law of th is State out of the Industrial Accident Fund of an aggr~gate more than Twenty-five Thousand Dollars in compensat10ns to_ workmen killed and injured and their dependents, growmg out of any one accident or occurrence or series of accidents or occurrences arising out of on~ event. Payment hy· Coal i\'lining Companies. SECTION 2. For the purpose of giving to the portion of the Industrial Accident Fund paid in by employers operating coal mines support which is deemed necessary,- each employer operating a coal mine or mines in Wyoming shall pay into the State Treasury monthly a sum equal to onefourth of one per cent. of his Wyoming payroll for the preceding month, such payment to be made on or before the fifteenth day of the month following the month for which such payments are computed and paid, the moneys so received to be placed by the State Treasurer in a fund to be denominated Catastrophe Insurance Premium Fund • . All moneys received by the State Treasurer under the terms of this Act shall be paid by him out of the Catastrophe Insurance Pr~mium Fund into the Industrial Accident Fund, monthly as received, and such payments shall continue to be made until the credit balance of the Catastrophe Insurance Fund in the Industrial Accident Fund is equal to One Hundred Thousand Dollars ($100,000.00), whereupon such paymerits shall cease, to be automa;tically resumed, whenever and continue so long as the credit balance of the Catastrophe Insurance Premium Fund within the Industrial Accident Fund is below One Hundred Thous'.1-nd Dollars ($100,000.00) ; all such payments shall be credited gen- �34 COMPENSATION LAW ·erally to the Industrial Accident Fund inst~ad of bE:ing credited to any individual employer contributmg to either t?e Catastrophe Insurance Premium Fund or the Industrial Accident Fund. Losses in Excess of $25,000 to Be Paid fro m Fund . SECTION 3. In consideration for such payments made or to be made from the Catastrophe Insurance Premium Fund t he Industrial Accident Fund in the hands of t he . State' Treasurer is her eby made a catastrophe insurer as to catastrophes to the ext ent that such catastrophes cau_se losses above Twenty-five Thousand Dollars to the Industrial Accident Fund. The first Twenty-five Thousand Dollars of such loss shall in every case be charged against the employer in whose mine or mines the accident may have occurred. The amount over Twenty-five Thou and Dollars shall be paid from the Industrial Accident Fund and not charged against t he employer in whose coal mine or mines the catastrophe occurred, but against the balance of the Catastrophe Insuran ce Premium Fund. Separate Account to be Kept. SECTION 4. The State Treasurer shall keep a separate account between the Industrial Accident Fund and the Ca- . tastrophe Insurance Premium Fund, crediting the Catastrophe Insurance Premium Fund with all moneys by it paid into the Industrial Accident Fund and charging the Catastrophe Insurance Premium Fund ,vith all amounts paid out for catastrophes as herein provided. Us e of Fund Limited. SECTION 5. No money paid into the Catastrophe Insurance Premium Fund as herein provided shall ever be applied in any way other than by payments to the Industrial Accident Fund as herein provided. Penalty for Failure to Pay Premium. SECTION 6. The inspectors appointed by the Treasure; under Section 4333 of the Wyoming Compiled Statutes of 1920 and acts amendatory thereof and supplemental thereto shall also act as inspectors for the purpose of enforcing the collection of the premiums due the State from employers operating coal mines. And in any case any such employer shall fail or refuse to pay the premium upon his monthl:y payroll as is required by thi~ Act he shall be guilty of a misdemeanor and sh::i,11 be pumshed by a fine of not �,, I I STATE OF WYOMING 35 more than Five Hundred ($ 500 OO) to the said fin e it shall be the d. t ~ollars and in addition of this State to immediately br}~1 Y O ·ih~ Attorney General State in t he Distri ct Court for g sm m the name of the benefit of the Catastrophe I~he _Proper cou~ty, for the against such employer for the c ft1t!1ce Premmm Fund, and if a judgment for the reco:erec ion of such p~·emium, be given in favor of the State for tli of such prem~um due Catastrophe In urance Premium Fu~3se ~n~ bdenef1t of the be for double t he amount of th . . sai Ju _gment shall Act, together vvith cost s. e pi emmm proV1ded by this Authority t o ontract With Insurance Companies . . SECT!ON 7. The State Treasurer, should he deem it a?v1sable, 1s hereby authorized and empowered to make contiac_ts on behalf of t he State of Wyoming and the I d t • I Acc1?en_t F~rn~ wi t h an _insurance company or co1:ri~~n~~!, to p1 o, 1_de f~1 payment mto the Industrial Accident Fund by the _ms urrn g company_ or companies of a sum equal to the ultimate net loss which the Industrial Accident Fund has or shall su tain by reason of any catastrophe, a!l fer the pu_rpose of authorizing the State Treasurer to reinsure the· said_ catastrophe ri~k with an insurance company or compame~. The premmm for any contract reinsurance shall be paid by the State Treasm·er out of the Industrial Accident Fund and charged against the account of the Catastrophe Insurance Premium Fund. . Every contract of reinsurance shall specify that the insurance company or companies reinsures the Industrial Accident Fund from loss by reason of catastrophes during the term of such insurance, within the limits as to amount expressed in the contract, and that the insuring companywaives all right to question any award for claims growing out of a catastrophe or claimed to grow out of a catastrophe, and that the insuring company will accept as final the awards made by the courts under the Wyoming Workmen_'s Compensation Law and will abide by such awards, and Wlll promptly repay t~ the Industrial Accident Fun1 all the payments made by it during the term of sµch msurance U!1,der catastrophe , awards. Eacp. co_ntract s_hall also provide that the insuring company d1scla1ms all nght to appear in or contest any proceeding under the Workmen's Co~pensation Law. No payment made out of th~ Indu~tnal Accident Fund which is repaid to the Industnal Acc1~ent Fund by an insurance company shall be charg~d agamst the account of the Catastrophe Insuran_ce Prem1u~ Fund or against the account of the employer m whose mme the catastrophe occurred. �COMPENSATION LAW 36 SECTION 8. This Act shall take effect and be in force on and after April 1, 1925. Approved F ebruary 28, 1925. CHAPTER 97 -S. L. 1923- INDEl\lNITY F OR PEACE OFFICE RS A N ACT t o provide indemnity fo r peace officers k illed or injured in the discharge of the ir du ties ; t he accum ulation of a fu nd t herefor, ma king an approp ri a ti on of $25,000.00, and for other p•.1rposes. Be it Enacted by the Legislature of the State of W yomin g: Wyoming Peace Officers' Indemnity Fund. SECTION 1. The fund accumulated under this Act shall be known as t he Wyoming Peace Officers' Indemnity Fund. Officers Included. SECTION 2. Such Peace Officers' Indemnity Fund shall be accumulated and maintained as herein provided for the purpose of providing indemnity to all penitentiary wardens, deputy penitentiary wardens, penitentiary guards, guards of the '~' yoming Industrial Institute, including the Superintendent and his deputies, agents of the State Department of Law Enforcement and the Commissioner of such Department and his deputies; State Game and Fish Commissioner and his assistants and deputies, and State Game Wardens; and all salaried sheriffs, under sheriffs, deputy sheriffs and constables employed by any county of the State of Wyoming or paid by the Board of County Commissioners of any county, who shall be injured in the performance of their duties, the purpose of this Act being to provide for indemnity to such peace officers injured in the performance of their duties, which duties are hereby recognized as involving risks to life and limb. This Act shall not apply in any case where the injury oc·c urred before the date on which this act is to take effect. Limit of Indemnity Paid. SECTION 3. The indemnity which any such peace officer or his dependent family shall be entitled to receive un- �STATE OF WYOMING 37 der the provisions of thi s act shall be . the compensat ion schedule of the W co_mp~ed accordmg to pensation La w in effect at th t · yommg. ?r~men's Com. d d th . e ime such mJunes were receive ' an_ e pr ocedure and forms under this Act be as near as ,may be the procedure and forms rovi shall the Workn:ien s Compen~atio1;1 Law, it being iniende~~h~ th_e _Wy?rmng Peace Officers Indemnity Fund shall be adn11mste1 ed by the State Treasurer as near as m b • th sam.e · manner e mt·1011e d · · as t tdhe Wyoming Woi·kmen's cay ompensa Law 1s a m1ms ere , and that orders of award and all other court pr?cedure shall be. entered and conducted as near as may be 11; accordance _with the procedure provided by the Workme~ s Co~J?ensat!on Law, and that any of the above peace officers rnJm ed rn the line of his duties shall receive the san:ie compensat io_n _which he would have received had he re~e1v~d t he same rnJury while working for an employer contr1butmg t o t he Indush-ial Accident Fund and shall receive the indemnity in the same manner. ! Payments to Fund by Counties. SECTION 4. Every county of the State of Wyoming is hereby required to pay into the State Treasury for the benefit of the Wyoming Peace Officers' Indemnity Fund a sum of money equal to one and one-half per cent (l½ %) of the moneys earned by each of its salaried sheriffs, deputy sheriffs, under sheriffs and constables during each calendar month in which they shall be employed. Such payment shall be so made on or before the fifteenth day of the month following the month for which such payments are computed and paid. The State Treasurer shall keep a separate account for each county so contributing to said fund, and shall charge against the account of each county all_ wan-ants paid from the Wyoming Peace Officers' Indemmty Fund: (a) As awards for injuries to the above named peace officers of such county; (b) In payment of medical or hospital attendance of such peace officers of such county ; (c) In payment for the investigat~ons o! injurie~ of such peace officers or in .P~Yl?ent of mve~bga_twns mto the manner in which such mJU1"1es were received, (d) In payment of witness fees in cases_ whereinu!~ ·order of award is granted to such peace officer of s county. Each county shall continue to n:ake sai~n1f tributions as above provided unless its acco ~t~1;~t �-----, 38 COMPENSATION LAW ing the above deductions therefrom shall be overdrawn, in which event said county shall be required to pay monthly a sum of money (including the said one and one-half per cent) equal to three per cent (3 %) of the moneys earned by each of its peace officers during each calendar month of such employment until such overdraft shall be paid. Payments to Fund by State. SECTION 5. The State of Wyoming hereby pledges itself to contribute by biennial appropriations a sum of money equal to one and one-half per cent (1½ %) of t he moneys earned by each of such peace officers in its employ, and agrees that its account shall be kept as near as may be in the manner in which t he accounts of the counties are requfred to be kept under t he provisions of t hi s act, and that similar charges for amounts paid out on account of or on behalf of injuries to its peace officers shall be charged against its account. The State of Wyoming further pledges itself that in the event its account is overdrawn that it shall contribute a sum of money (including the said one and onehalf per cent) equal to three per cent (3 %) of the moneys earned by each of its peace officers. Appropriation. SECTION 6. There is hereby appropriated out of any funds in the State Treasury not otherwise appropriated the sum of Twenty-five Thousand Dollars ($25,000.00) to be paid to said Wyoming Peace Officers' Indemnity Fund as the first contribution of the State to said fund. • Report of Accident. SECTION 7. Reports of accidents covering injuries to its peace officers shall be filed by the counties in the same manner and at the same time as such reports are required to be filed by employers contributing to the Industrial Accident Fund, and each State officer shall make similar reports to the courts of all injuries to peace officers employed in his department. Order of Court. SECTION 8. Every order given and made by the District Court or Judge awarding payment from the Wyoming Peace Officers' Indemnity Fund to an injured peace officer or his dependent family shall be entered of record by the Clerk of the Court where given and true copies thereof shall be immediately made and certified by said clerk and �STATE OF WYOMING 39 forw~rded to t he ~tate Auditor and State Treasurer respectively of Wyommg, and shall be by each of said officer entered upon a r ecord to be J<nown as the Iridemnity Dock~ et, ~nd shall_ be t he authority and direction of the State Auditor t~ issue warra_nts of indemnity awards against the Wyomrng- Peace Officers' Indemnity Fund, and for the State Treas urer to pay such indemnity awards from such fund. Power of State Treas urer. SECTION 9. The State Treasurer shall have the power by appropriate action to require each county of the State to contribute to said fund as required by this act. Appeal by State T reasurer. SECTION 10. The State Treasurer shall have the right to appeal to the Supreme Court from any final order or judgment in any District Court of the State awarding indemnity or deolining t o award indemnity, although he was not a party to such procedure in the District Court. The Attorney General shall act as the attorney for the State in every such appeal, and each appeal shall be conducted without expense to the Wyoming Peace Officers' Indemnity Fund. SECTION 11. This Act shall take effect and be in force from and after the first day of Ap1:il, A. D. 1923. �INDEX BRIBERY IN CONNECTIO N WI TH WORKMEN'S COMPENSATION ACTWORK MEN"S COMPENSATION ACT ACCIDENT REPORT~ - t::~l~;,~ ~~~ll :n~ Section Pago mi 10 ~=================-------------= ACCOUNTS INACT IVE THREE YEARSAccounts Shall be Closed ---------- - - --- - ---- - - --- 4347 AGRICULTURAL LABORExcepted - - -- -- ---- -- -- ----- - -- ------ ____ __ ____ ___ __ 43m ALIEN DEPENDENTSAmount Allowed ---------- - --------- -- -- - ----- - --- 4321 Non-Res ident P a r en t o,· P are n ts _____________ ___ ____ 433 .1 Not Included in Def in ition of "C hild" or "Children" Except -- - --- ---------- - - ------ - - ---- ------ - - ---- 4321 APPEAL TO SUPREME COU RTHow Taken - ------------ -- - - - ----- ----- - - -- ------ 4328 State Treasurer S hall H nve R igh t ________ __ _____ ___ 4350 ATTORNEYSFees for Services Limi ted • ----------- ---- ----- - - ---- 4340 ATTORNEY GENERALPowers of -------------------------- ----- - - - - - ------ 4333 AWARDSCharged to Accoun t of -------------- - --- - ------- 4331 Court Shall S tny Paymen t P ending AppeaL _____ _ 4328 Exemption from At tachmen t ---- - - ---------- -- - - - - 4336 B'LANK FORMSFurnished by Sta te Trea surer ___________ __ _____ ___ 4326 BURIAL-Fees Shall Not E xce<,d --- - ---------- -- - ----------- 433·1 CASUAL LABORExcepted -- - - - - - - - - - - -- --- - ---- - --- -- ------ ---- --- -- 4321 CHILD OR CHILDREN!\liens -- - - --- ----- - - - --- ---- -- - --- ------------- - - -- 4321 1>heilr:~ion°f - ~: ~~~~~~--~ ~~~~~- ~-h-~l~--~==~~e-========== No Limitation of Time Shall Run Until Guardian is 13 (k t (5 1 (ld 13 20 26 17 16 13 24 (d 1 (I, 1 !~5~ (b, (cJ ! 21 (i I :m lL Sh!fiP~~c':te in P ermanent -Total -Disability -Case;==== Shall Receive in Temporary Totnl Disability Case•---- 4334 CLERK OF COURTEmployee's Report of Accident __ __ ___________ _______ 4326 Employer's Report of Accident __ __ __ ______ _________ 4326 Procedure When Death or Accident is Reported ______ 4327 Shall Record Court Orders ______ ____ _ ______________ 4329 COMPENSATION SCHEDULEEach Employee Who Shall be Injured Shall Receive __ 4334 CONSTABLE OR DEPUTY CONSTABLEExcepted __________ - - __- - -- - --- -- -- -- --- - -- ---- -- - -- 4319 COSTSNo Costs Shall be Taxed Except __________________ 4327 CONTRACTORS AND SUB-CONTRACTORSIn Private Work Contractor Responsible -------- 3:: Payroll of Contractor Shall be Basis ----------- • 3 Stnte and Municipal Employees Not Entitled to Benefits if Other Provisions Arc Made --------------- 4338 COUNTY AND PROSECUTING ATTORNEY• 9 Shall Act on Behalf of Injured Workman----------- 43_, Shall Give all Necessary and Legal Advice to Work4340 man -------------------------------------·- ------COURT ORDERS RECORDEDCopies to Auditor and Stnte Treasurer -------------- 48 29 COURT PROC~DU~E4327 Procedure m Disputed Cases --------------------COURT REPORTER....... 1827 Shall Attend Hearings ------------------------------ ' s 2-1 8 22 s ~ 19 20 10 10 11 13 18 11 25 25 26 11 25 11 11 �r\ L INDEX-Continued Section DA?•§!~!~;- Repealed --------- ----------------- ---- - --- 4316 DEATH OF EMPLOYEEWh<!re Workman Dies Reference Th er eto Shnll Include Dependents _____ ________ _-- - - -- ---- --------------- - 4321 Deferred Pnymen t Account - - - --- --- - ----- - -- ---- - - 4356 DEFINITIONS- ;1~!;~;?=~~\~~~jj ~~~ll l~l l )l:i l!I! Injury and P ersonal Injury -------------------------- -1 32 1 Injury Sustained in Extra-Hazardous Employment_ ___ 432 1 Invalid ________ ___ ___ __ ---- -- - - - - - - --- ----------- -- -- 4321 Mills __ ___ __ _______ ____ ___ ____ ___ ___ ___ ___ ______ _ -- - 4320 Mine ---------- -- - -------- - --- ------ --------- --- - -- •l 320 Quarries ------------------- - - ------- ------ ------ •l320 Workmen ---------- ------- - - -- ---- - - - - - - - --- - - __ - - 43 21 Workshop ____ __ ---------------- ---------- - --- ---- - - 4320 DEPENDENTS AND DEPENDENCYChild or Children --------------- ---- --------- - -- 432 1 Definition of ------ ------- - ---------- ----- - ------ ---- 432 1 Definition Shall Not Include Aliens Excep t_ _______ 432 1 Dependency to be Determined in Whole or in Part in Accordance With Fact - -- - -- - ----------------- ---- •1 321 Dependent Parent or Parents ________________ _____ _ 4334 Spouse Not Dependent if Wilful Desertion , be Sh own __ •132 1 Shall be Referred to Where Death Occurs to Workman •132 1 Widow Shall Recei ve ----- --- -------- - --- ---------- 433•1 DlSPUTED CASESProcedure in ---- - -------------- ----------------- - - -- •1327 DOMESTIC SERVICEExcepted - ----------------- - - - - ---- ______ ____ _______ 43 19 EMPLOYERAccident Reports - - ------------- --- - - ----- --- - ----- 4326 Aw'!-r~~ Charged to Account of Indiddual Employer __ 4331 De[m1t1on -------- - --- ------ - --- __ __ ______ __ ____ ___ _ 4320 Employer's Assessment ---------------- -- ----------- 4331 Exemption from Payment of Premium _____ ____ _____ 4331 Not Relieved of Liability __________ ______ ___ __ __ ___ 4324 Penalty for Not Reporting Accidents ________________ 4326 Shall Furnish Copy of Payroll __ ______ ____ ________ 4332 Shall Report Reco,·er)' of Worlnnen _____________ __ _ 4345 EMPLOYMENTExcluded Classes ------------------------------------ 4319 See Occupations Covered by Act. EVIDENCETaking of Shall be Summary ______________________ 4327 EXCEPTIONSAct Not to be Construed to Apply _____ _____________ 4319 When Employment is Purely Casual ________________ 4321 EXEMPTION' FROM PAYMENT OF PREMIUMEmployer Shall Continue to Make Contributions Unless ------------------------------------ ______ ____ 4331 FARM EMPLOYEESExcepted -------------------------------------------- 4319 FEESCollection of Fees Limited ____________________ 4340 GUARDIANGeneral Provisions --------------------------- 4322 Where Workman is Minor Reference Shnll be Mnde to 4321 HEARINGSHow Governed -------------------------------- ------ 4327 No Award or Allowance Shnll be Mnde Without NoN,;tfj~a~~on__ ;-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-:._-----------------Shall be Conducted upon Statement ________________ 4827 HORTICULTURAL LABORExcepted -------------------------------------- 4310 !i~~ Pag~ ( i) 7 31 ( f) (k) (j ) 8 8 ( hl (g a) m) (I) n) 8 7 7 6 8 l i 8 9 6 (e) (i} 7 c) (d) 6 7 (b) 6 ( kl 8 ( j) 8 (k) 8 ( le ) 8 18 (3) (j ) ( i) (I) s 7 22 11 ( a, b, c, <l! (h) 10 15 7 15 15 9 10 17 27 11 (i) 15 25 (il 9 7 11 30 11 11 �p INDEX-Continued HOSPITALS- ~!~: l~r Sect ion Page :m h"s;,~ ;';:e~--================-- ------ - - - - - === (d) Notificntio_n by H ospita l :-:------------ ------- - - - - --- 4858 Prior Cln1ms, D~te of F1hng -- ----- ----- ---- - ----- 4851 Reports Where F il ed ------------ -------- ------- - ---- 4334 (d) INDUSTRIAL ACCIDENT FUNDAppropria tion - --- - -------- -- ---- ---- - - - - - - - - --- -- 4880 INJURIES SUSTAINED IN EXTRA-HAZARDOUS EMPLOYMEN'l'Shnll Include ---- - --- - - --------- - - - - - - -- - - - -- - - - - - -- 4321 (1) INJUR~ _.i\ND PERSONAL INJU RY_ De(m1t1on - ---- - -------- ------ ---- -- ---------- - --- 4321 (1) Definition Shnll Not Include ------ - - --- --- - -- ------ 43 21 (1) Wilful Act of Third P erson ---- - - ------ -- ---- ---- - --INSPECTORSTrensurer is Aut hori~ed to A ppoin t _____ ____ ______ 4333 INTERSTATE COMMERC • Those Enga ged In _____ _______ __ ____ ______ ___ ___ __ __ 4319 INVAL~D.--:. Def m1t1on ---- -- - ---- - ------ -- ___ _______ _____ ______ _ 432 1 INVESTIGATIONSJudge Shnll In vest iga te Nnture of In j ury nnd Claim __ -13 27 LIABILITYEmployer Not Relieved -------- ---------------- - - -- -1324 LIMITATION OF TIME TO MAKE CLA IMInjured Employee Must F ile - --- ---- - - - - - - - --- - ---- - 4326 MINORS AND INCOMPETE NTSWhere Workman is Min or or Incompetent Ref er ence Shnll be Made to Gua rd ian or Lega l Represen ta tive __ 4321 Not Barred by Limitatio n ---- - --------- - - - - ------- 4322 Minor Deemed Su i Jur is ----------- - - - - -- - --- - ---- - 4337 MISCONDUCTForfeiture by Injured E mployee _____________ _____ __ __ 4335 OCCUPATIONS COVERE D BY ACTList _____ ___ __ __ ________ _ __ ___ __ ___ _____ ____ ____ ____ 4318 PARENT OR PARENTS-When Dependent Shall Receive ___ __ _____ __ ___ ______ 4334 80 21 30 29 21 14 17 11 (i) 7 9 24 24 (3) PAYROJ.LSEmployer Shall For wa rd Sa me to State Treasurer---- 4332 17 PER~1:;~~!st!r~~~_:- ~_I_~~~2_~~-:_-_ ______ ____ _____ 433 4 (n) 18 PERMANENT TOTAL DISABILITY(b) Menns Loss of -- - --- - --------- - ---- --- -- -- - --- ----- 4834 PHYS!CIANB'ills to be Itemized -- - - - - -- ------ - ----- -- - - -------- 4352 Employer's Physicinn Mny Exnmine Injured Employee 4346 Fees for Services -- - --- ---- - - - --------------- -------- 4884 (d) Imp_~ t ia! Physician May be Appointed - - --- --- - ----- ~~:~ Notification by Doctor -- -- ---------- - - - - - -- -------- 861 Prior Clnims, Date_ of Filing ------- ----- ---------- ~334 (d) Repo~ts Shall b': Filed -- -- -------- - ---------- ------- 341 Required to Teshfy -- -- - - --- ---------- ------------ 4 PREMIUMEmployer Shnll be Required to Pay Premium ______ 4331 Service and Policing Charge ---------- -- - -- ------- - - 4331 PUBLIC WORKSMust Insure in State Fund ________ ___ __ _____ ______ 4338 30 27 21 11 80 2~ 21 26 15 16 26 RANCH EMPLOYEESExcepted __________ ___ __________ ____ ___ ______ _______ 4319 ::1~ RIGHTS AND REMEDIESNothing in Law Shall Limit Right of Action ------- Right of Employee to Compensation ---------------- 4817 Shall be Exclusive ------------- ------- - -----SCHEDULE, MEDICAL AND HOSPITALShall be Fixed by State Trensur~r __ ___ _____ ___ _____ -133 4 (d) SHERIFF OR DEPUTY SHERIFF_ 4319 Excepted ---- - ------- ----------- ----- - ------- ------ 4327 Shall Serv~ Notice of H earing ---- -- - --- - - - ---- 29 ,J .J 21 5 11 �INDEX-Continued Section STATE TREASURERMay Examine Books of E mployers ___ __ ___ __________ 4344 Powe r of - ----- - - - - ------ ---- - - - - -- - - -- ----- --- - --- 4383 Shall Have Rig h t to A ppea l ---- - - ---- - - ---- --- -- -- 4350 STOCK RAISING-Excepted ____ __ __ ___ ______ ______ _____ ___________ __- - 4319 SUBROGATIONEmployee Not E n t itled to Compensation Wher e Legal Liability is Created in Som e Other P e rson _____ __ 4323 TEMPORARY TOTA L DISABILIT YIf Workman Die Dur ing P er iod of ____ __ ___________ 483 4 (2) Menns an Injury - - -- -------- ------ - ----- - --- ---- - - - 4384 (c) TESTIMONYPhysician Require d to T es t ify -- ---- - - - - - - - --- -- - --- 43 41 TRANSFER A ND ASSIGNME NT OF ACCOUNTSPayments Not to be Refu nded ___ _____ __ __ _______ ___ 4348 WIDOWAlien - - -- -- -- ----- -------- ----- - - - - - - - - - - - - -- -- - -- - - 4321 ( k) Having Dese r ted Husba nd not Ent itled to Com pensation - - - --- ---------- --- ----------- - - - - - - -- _____ 4321 (j ) Must be Married a t T ime of Death ____ ________ ____ 4~21 (j ) WORKMENAccident Report ------ - - -- - - -- - ----- ---- -- -- - - - -·· - 4326 Definition -- -- - - - - - - - - - - - ---- --- - ------ - - ---- _____ _ 432 1 ( i) Forfeiture by Injured Employee ___ _____ __ __ ____ -- ··- ··- 4336 If Workman Refuse to Submit to Examination __ ____ 4e45 Payments Withheld -- -- - - - - --- - - --- - ---- - - - - - ------ 433 5 Statement of Dependent P ersons __ __ ___ ___ __ _____ _ 43•16 COAL MINE CATASTROPHE INSURANCE .-\CT_ _ _ __ WYOMING PEACE OFFICER INDEMNITY FUND ______ Pag e 20 20 26 28 26 7 24 27 24 28 33 36 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Workman's Compensation Act of the State of Wyoming Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1920 Subject The topic of the resource Workman's Compensation Act, 1920 Description An account of the resource Workman's Compensation Act of the State of Wyoming Chapter 258. It is a booklet and is within an orange file with other Workman's Compensation files. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource W.H. Edelman Identifier An unambiguous reference to the resource within a given context 1-0236 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/66916fd40a5fa61fa3c96e2816910936.pdf 9c1a3cba3df0dd9bc52b4b8f8c905de0 PDF Text Text '*********-lHC·***********************-lHHH+****-lHE--lt •******"***************"************************ STATE OF WYOMING W({))Rll(MJE1\l9 § COMIPEN§Aill(Q)N ACl PEACE OFFICERS' INDEMNITY FUND COAL MINE CATASTROPHE INSURANCE FUND FIREMEN'S PENSION FUND And Acts Relating Tlzereto With All Amendments to Date MARCH 1, 1935 Compiled By J. KIRK BALDWIN, STATE TREASURER CHEYENNE, WYOMING �WORKMEN'S COMPENSATION ACT CHAPTER 124 R . S. 1931 Section. 124-101. Name of law. 124- 102. Gene ral prov isions. 124-103. P rov isions exclu sive, compulsory and obligato ry. 124-1 0-L Extra-hazard ous occ upati ons defin ed. 124-1 05. Excep ti ons. 124-106-7. Defin itions. 124-108. Guardia n may ac t fo r perso ns under disab ili ty. 124-109. If ot her th an employe r is liabl e. 124-110. T hi s chap ter gove rn s as to liab ility of employe r. 124-111. Blank fo rm s supp lied by state treas urer. 124-11 2. R eports of acc icl en t. 124-113. I 1wes tiga tion by th e district judg e-Procedure in di sp ut~d cases. 124-114. Appeal to supreme court. 124- 115. Court ord er recorded - Copies to auditor and treas urer. 124-11 6. Industrial accident fund-Appropriation, 124-117. Employers' assessmcn ts. 124-118. Filing of payrolls with state treasurer .. 124-119. Inspectors - Failure to pay assessment Penalty. 124-120. Compensation schedule . 124-121. Additional compensation for disfigurement. 124-122. Compensation for hernia. 124-123. Forfeiture by injured employe - Payments withheld. 124-124. Exemption from execution or attachment. 124-125. i\linor workman. 124~126. Extra-hazardous pub Ii c work - Cont,act work. 124-127. Safety devices. 124-128. Unlawful to receive more than S per cent of compensation for services rendered. 124-129. Physician~ required to testify. 124-130. False statement by employee. 124-131. Annual report by state treasurer. 124-132. Examination by state treasurer. 124-133. Disabled workman examined by employer's physician-Recovery reported to court. 124-134. Employes' statements of dependent persons. 124-135. Assignment of rights and benefits. �4 WO R KMEN ' S COMPENSAT IO N ACT *124-136-A. Closing of account s. _124-136. Ac ti ons against employe r independent of chapter. 124- 137. Reope ning o f cases. 124-138. B ills to be itemi zed-Tim e of filin g. 124-139. Notificatio n by doc tor . 124-140. Award s. 124-141. De ferred paym ent acco unt. 124-142. Bribery. 124-101. Name of law. T his chap ter sha ll be known as the "wo rkm en's compensati on law." [L. '15, c. 124, § I ; C. S. '20, § 4315. \ \TorJ..•·m an' s com pensa tion ac t would be va lid as to the remai n. dcr even if the provision for non-paym ent for the firs t ten days was inva lid, being severa ble. Zanca ncl li v. Central Coal & Coke Co., 25 W yo. 5 11 , 173 P . 98 1. \ Vorkm cn's com pens;-it ion act is valid, and not con trar y t o any provision of th e stat e or federa l cons tit u tions. Id . \ Vorkmcn 's compensat ion act docs not violate ame ndme nt to cons t. a rt. l 0, § 4, provid ing com pensation "to each person in .. jurc<l ," in th:i t no compen .l tion is allowed fo r firs t 10 <lays of disa bil ity. I d. \\Tork.men 's compensation ac t, § 124-113, docs not deny the r ight of an em ployc to be re presented by counsel, in view of § 124•12 , r ela tjng to fees oi a ttorneys. Id. \.Vo rkmen' s com pensation ilCt is not unconst ituti onal in that the provision that children over the age of 16 sha ll not be considered depende nts u nless incapacita ted . I d . \Vorkm en's com pensa tion net is not u ncons titutional in that nonresid ent alien fa mily of deceased employc s hall receive only 33 per cent of amoun t allowed to resident of s tate. Id. T his chapter held, not based on un rea sonab le classifica tion, citi ng- consl. art. I § 34 . Ideal Da kc ry v. ch ry ver, 43 W yo. 108, 299 P . 284. Under § 124· 124, providi ng th a t no m oney payable under this chaip tcr. sha ll , prior to issuance and delive ry of warra nt therefor, ' 'pass to a ny other person by operation of law," the ri ghts of a n inju red cm ploye to compensa tion provided fo r in §§ 124•102, 124 •1 03. 124·11 3, did no t pass to his ad min istra tor as a n asset of his esta te on his dea th aitcr award had been made, but before the issuance or deli very of the warra nt provided fo r in § 124• 115, s ince in its ordinary and us ual sense with in § 11 2· 101 , the phrase '' by operation of law/' when u sed to clescribc a method by which titl e to prope rt y is transicrred. incl uclcs a transfe r by intestacy. L a Chappelle v. Union Pacific Coal Co. , 29 \ Vyo. 44 9, 2 14 P . 587. This chap ter cited in St.ate v. Carter, 30 \Vyo. 22, 43, 215 P . 477 , 484. Findings on evide nce in compensation contest conclusive. Standard O il Co. of Indiana v. S ulliivan , 33 W yo. 223, 237 P . 253. A ward not conjecturnl, though different finding justified. Id. Under this chapter there is a. prima. facie right to compensation when disability or death is result of an injury sustained in extra .. hazardous employment and the r ight thereto s hould not be denied unless the injury was du e solely to the negligence of the workman whose injury or death is the basis of the claim, a.nd the burden of proving s uch affirmaitive clefensc is on the employer, in view of § 124-112. Hotelling v. Fargo-Western Oil Co., 33 Wyo. 240, 238 P. 542. Tot.al disability s hould not be declared permanent, unless certain. Carter Oil Co. v. Gibson, 34 Wyo. 53, 241 P. 219. Evidence held, to justify finding that total disability was permanent. Id. Legislature may impose duty on court reporter of making transcripts of compensation cases free of cost. In re Winborne, 34 Wyo. 349, 244 P . 135. *This section omitted in R. S. 1931. �WORKMEN'S COMPENSATION ACT 5 Thi s chapter cited in construing §§ 124-104 and 124-107. In re Karas. 34 Wyo. 357, 243 P . 593. Rul e th at ~n case of conflicting evidence appellate court will no t . reverse Judgment s uppor_tcd by subs tantial evidence, held, apphcablc to cases under t1ns chapter. ?\lc~1ahon v. ~fidwcst Refining Co., 36 W yo. 90, 252 P . 1027. This chapter c it ed in cons tn1ing certain sections hereof. In re Hi bler, 37 Wyo. 332 , 261 P . 648. This chap ter cited in R eintsma v. Standard Oil Co., 37 \Vyo. 47 I, 263 P. 6 19, annotated under § 124 114. Cited in construing § 124-J 12. In re ~-'f artini , 38 Wy o. 172, 265 P. 707. ln re [cCon ncll v. M u rp hy B ros., 45 W yo. 289. 124-102. General provisions. Compen sation herein provided for shall be payable to person s injured in extra-haza rd ous employ m ents, as herein defined , or th e depend en t famili es of such, as die, as the re sult of such in ju ries, excep t in case of injuries due solely to th e cul pable neg lige nce of th e inj ured em ployes. Said com pensa ti on sha ll be payable fr om fun ds in th e stat e treasury to be accumul ated and maintained in th e m aner her ein provided. The r ig h t of each em ploye to compensati on fr om such fu nds shall be in lieu of and shall take th e place of an y and a ll rig hts of action again st any emp loyer con tribu ting, as requi red by law, to such fu nd in fa vo r o f an y such per on or persons by rea son of an y s uch injury or dea th . ections 23129, 89-403 anti 89-404, a nd a ll laws or part of law s r elatin g to damages fo r inj ur ies or d ea th from injuries :,r in an ywise in confli ct wi th this chap ter a rc hereby r epealed, as to the employ m ents, em ploye rs a nd employes comin g- within th e term s o f thi s chapter. [L. ' 15, c. 124, § 2; C. S . '20, § 431 6. Qu oted in Zancanelli "· Central Coa l & Coke Co .. 25 \V yo. 51 I. 173 P . 98 1 ; and in Ideal Ba kery v. Schry\'cr, etc .. 43 Wyo. 108 , 299 P . 284. Cited in L a Chappelle v. t: nion P acific Coal Co., 29 \V yo. 449, 214 P. 58 7. annota ted under § 124-101. Th e word 0 solely,'' as used in Const . a.rt. 10, § 4, and this section. enacted pursuant to authority there given, is a word of exclusion. and may be used to mean ''only" or "exclusively," and as used mu st he given a reasonable meaning. in view of the kn own policy of thiis chapter. Hotelling v. F a rgo-\Vestern Oil Co .. 33 W yo. 240, 238 P . 542. Proof held, insufficient to sustain affirmative defense that workman's <lea th was due solely to his own negligence; fellow workman's negligence immaterial. Id. City employc, injured while impounding animals, which occupation was not vdthin compensation law, could not recover compensation. though nho employed as truck driver, which was within law. Leslie v. City of Casper, 42 \Vyo. 44, 288 P . 15. 124-103. Provisions exclusive, compulsory and obligatory. The rights and remedies provided in this chapter for an cmploye on account of an injury shall be exclusive of all other rights and remedies of such employe, his pers·onal or legal representatives or dependent family at common law or otherwise on account of such injury; and the terms, conditions and provisions of this chapter for the payment of compensation and the amount thereof for injuries sustained or death resulting from such injuries shall be exclusive, -compulsory and obligatory upon both employers and employc_i; cpming witbi.n the provisions hereof. [L. '15, c. 124, § 3; C. S. '20, § 4317. Q-~oted in Zancanelli v. Central Coal & Coke Co., 25 V,'yo. 51 I, 173 P. 981. Cited in La Chappelle v. Union Pa9ific Coal Co., 29 Wyo. 449, 214 P. 587, annotated under § 124-101. �6 'WORKMEN'S COMPENSATION ACT 124-104. Extra-Hazardous occupations defined. The extra-hazardous occupations to which thi s chapter . is applicable are as follows: Factories, garages, n1ills, printing plants and work-shops wh ere machinery is used; foundries , blast furnac es, min es, oil wells, oil refin erie s, gasoline filling s tation s a nd bulk oil station s, gas works, natural gas plants, water works, reduction work s, b r cw er i es, dis till eries, elevators, dredges, excav a ti ons, tra nsfer co mpani es, general teamin g, g-eneral tru cking, ditch rid er o f irrigation di stricts, smelters, powd er works, lau ndrie s ope rated by power, k itch n ~mployce and waiters, wi10se employme nt requi re s them to go to and from kitchens, of hotels, res taurants, and bakeries, quarri es, enginee rin g- works, logging. lumber .yard , lumber in g and saw mill ope rations, dud e ranchin g, st re et and interurban ra ilroads not engaged in interstate com merce, bu ilding being const ruct ed . rep~ ired, moved or demo li shed. painting operations, telepl,:i_onc, telegrap h. electric light or power plants or li nes, steam hea tin g or power p lan ts, ra ilroads no t engaged in inters tat e commerce. bridge building, the occupations of city or tow n firemen and c ity gr town policem an. and all emp loy men ts wh erein a p_r_o cess reg niring the use of an y dangerous explosiv es or inflammab le mate rials is car ried on, which is cond ucted for the purpose of business trade or gain , each of which employment is hereby determined to be extra-ha za rdou s and in whi ch, from the natnre, condi tio ns or m ea ns o f prosec ution of the work th erein require d ri sks to the life ai,d limb of the workm en engaged the rein arc inherent. necessary or sub stan tiall y unavo idab le. T hi s chapte r shall not appl y in any ca e wh ere the injury occurred before this chapter ta kes effect, and to a ll rig hts which have accru<;!_d by rea so n of any such injury prior to th e taking effect of th is chapter, shall be saved the rem edies now existing th erefor. [L. '3 1, c. 94, § 1; amending L. '29, C. 46, § 1; L . '23, C. 60, § l ; L. '21, § 138, § 1; C. s. '20, § 4318; S. L. '35, C, 100. Questions of neg-lige.ncc for injury received in cxtra•hazardous occupations stated. Hotelling ,·. Fargo-\Vestern Oil Co., 33 \Vyo. 240, 238 P. 542. Plas terer, contracting to move ho4se an<l hiring helper, held, employer cn(:!agcd in moving buiildings. In re Karas, 34 Wyo. 357, 243 P. 593. Cited in Lesli,· "· City of Casper, 42 Wyo. 4-l, 288 P . H, annotated under § 124•102. Quoted in Ideal Bakery v. Schryver, etc., 43 \Vyo. 108, 299 P. 284. 124-105. Exceptions. This chapter shall not be construed to apply to business or employments, which, according to law are so engaged in interstate commerce as to be not subject to the legislative power of the state nor to persons injured while they are so engaged, nor to any employe engaged u1 domestic ser_vice, ranch, farm, agricultural, or horticultural labor, or stock raising, or any person holding an appointment as sheriff, or deputy sheriff, or constable or deputy constable. [L. '23, c. 60, § 2, amending C. s. '20, § 4319. �WORKMEN 'S COMPENSATION ACT 7 124-106-7. Definitions. In this chaP.ter unless the context otherwise requires: (a) "Factori es" mean any premises where power is used in ma nufacturing, making, altering, adapting, ornam en ting, finishing, repairing or ren ovating, any article for. th e purpo§._e of trade or gain, or the business carired on th erein, includin g expressly any brick yard, meat packing hou se, foundry, smelt er, ore reduction work s, lime-burning plant, stu cco plant, steam heating plant, elect ric lig hting or power plant, in cluding all works in or di rec tly connected with the construction, in sta lla tion, ope rat ion, alt era tion, removal or r epair of wires, cables, switchboards or appa ratu s used for the tran smi s ion of electric cur rent, and water power pla nt, in cludin g tower and standpipes, power plant, blast furn aces, paper mi ll , printing plant, flour mill, g lass fac tory, ce m ent plant, arti ficial g as plant, machin e or r epai r shop, oil plant, oil refinery plant and chemical manufact ur ing plan t; (b ) "\ 1/ork shop" mea ns an y yard, pla nt, premises, room o r place where po wer driv en J!lac hin ery is employed and manual labor is exerci sed by way of trade or gain, or otherwise incidental to the process of makin g, altering, repai ri ng, pri nting or ornamenting, finishin g or adapt ing fo r sale or otherw i e an y a rti cle or part o f a rtic le, over w hi ch pr emise , room or place th e employe r of th e pe rson ,yorkin g th erein has t he r igh t of access or con trol; (c) "Mill" m ea ns an y plant, premis es, room or place wh ere machinery is used, any process of machinery, chang ing, alterin g or repairin g any article or commodity fo r sale or o th erwise toge th er with th e yards and premises which a re a part of the plant including elevators, warehouses and bunkers, saw mill , sas h factory or oth er work in the lumber indu stry; (d) "?vl in e" means any opening in the e<!!:_th for the purpose of extracting iron, oil;- coal, or other minerals and a ll und erground workings, slopes, drifts, shafts, galleries, w ells and tunnels, and other ways, cuts and op enings connected therewith, including !.)1ose in the course of being opened, sunk or driven. and includes all the appurtenant structures or machinery at or about the openings of the mine, and any adjoining adjacent work place where the material from a rrtirie is prepared for use or shipment; • (e) " Quarry" means any place, not a mine, where stone, slate, clay, sand, gravel or other solid material is dug or otherwise removed from the earth · for the purpose of trade or bargain or of the employer's trade or -business; (f) ''.Building work" means any work in the erection, construction, extension, decoration, alteration, _repair or demolition of any building or structural ap- : purtenances; (g) "Engineering work" means any work in the construction, alteration, extension, repair or demolition of a railway (as hereinbefore defined) bridge, jetty, dike, dam, reservoir, underground conduit, sewer, oil or gas well, oil tank, gas tank, water tank or tower, or any caisson work in artificially compressed air, any �8 WORKMEN'S COMPENSATION ACT - work in dredging, work . on lo~ <;>r lumber_ rafts or boo ms; pile drivi_n?", moving b~1ldmgs, movmg safes, or in layi ng, repamp g or r~mo".mg m_1derground pipes and co1!!1ections; th e erect ion , mstalh_n g, repairing, or removing of boilers, furnaces, engm.£._s and power mach inery (including. belting and ~ther conections); and any work in g ra_g111g or _excavatmg wl~ere shoring is necessa ry or power mac hm ery or blas tmg powder dynamite or other hi g h explosive is in use (excludin~ mining and quarrying); (g-1) "D ud e ra nchin g" fo r the purpos~ of this cha pter is def in ed and !:Deans a ranch conducted primaril y fo r th ~ accomodation and ent ertainment of g uests for monetary consideratio n ; ( h) "E mpl oyer" includes any mun icipal_ity, county, person or body of person_s, co rporate or mcorporate, and th e legal repre entat1ve of a deceased employer or th e rec eiver or a trustee of a pe rson, corp oration, association or partne rship ; (i) " \Vo rkman" mean s any per on who has entered into th e employment of or works under co ntract of se rvice or apprenticesh ip with an em ployer, except a perso n whose employment is pu rely cas ual and not fo r th e purpose of the employe r' trade or business, or those engaged in clericaJ work, a1.1d_ not subject to th e ha za rd s of the bu in ess, or one holding a n official pos ition. The term "workman" ha ll include "employe" an d th e term "emp loye" shall include "workman'' and each hall in clude th e s ingu lar and plural of 1;oth sexes. Any refe rence to a workman who has been injured shall, w here the workman is dead, include a reference to his "dependent fa mily" as hereinaftei:. defined, or to his legal rep resentative, or where the workman is a minor o r in coD"lpetent to hi s guardian or next fri end ; (j) " Dependent famili es" as used in this chapter means such members of- th e workman's family as were wholly or in part actually dependent upon the workman for support at the time of th e injury. No spouse shall be entitled to the bene fits of this chapter nor shall such fact influence any awards made hereunder unless he or she shall have bee n married to the workman by a marriage duly solemnized by legal ceremony at the time of the injury; (k) "Child or children" means the immediate offspring or legally adopted child or children of the injured workman, boys under eighteen (18) years of age and girls unde, ~ighteen (18) years of age (and over said age, if physically or mentally incapacitated from earning) and shall also include legitimate children of the injured workman born after his death or injury. In other cases, questions of family dependency in whole or in part shall be determined in accordance with the fact, as the case may be at the time of the injury; the foregoing definition of ,:dependent families" sh_all not _in_cluge any of the persons named, who _are aliens res1d1ng beyond the jurisdiction of the United States o~ America, except a surviving widow or boys u!lder eighteen (18) years of age or girls under eighteen 08) years of age, or parent or pai:ents, and as to such non-resident aliens the rate of compensa- �WORKMEN'S COMPENSATION ACT 9 tion shall not exceed thirty-three and one-third per cent (33½%) of the rates of compensation herein provided; (1) The words "injuries sustained in extra-hazardous employment," as used in this chapter, shall include death resulting fr?m injury, and injuries to employes, as a result of their employment and while at work in or about the premises occupied, used or controlled by the employer, and injuries occurring elsewhere while at work in places where th eir employer's business requires th eir presence and subjects them to extrahaza rdous duties in cident to th e business, but shall not include injuries of the employe occ urring while on his way to assum e the duties of his employment or after leaving uc h duties, the proximate cause of which injury is not th e employer's negligence; (m) TJ1e words "inj ury and personal injury" shall not include injury ca used by the wilful act of a third person dire cted again st an employe fo r reaso ns personal to uch employe, or because of his employment: nor a disease, except as it shall directl y res ult from an injury incurred in th e emp loymen t ; ( n) " Invali d" m eans one who is phys icall y or mentall y incapacitated from ea rni ng wages. \Vhct hcr cmploye's work is casual or fo r purpose of empl oyer's trade or busin ess , within thisi section, defining workman, depends on fact s of individual case. In re Ka rns, 34 Wyo. 357, 243 P. 593. House mover's employc, llri,·ing tractor, held , workman, within compensation law, though employment WjS casual. I<l. Subdivi sion ( 1) held, to include injuries suffered through the perfom1ancc of all duties of the employment, whether main or inciden tal th ereto but call ed fo r by it. Ideal Ilakery v. Schryver, etc., 43 Wyo, 108, 299 P. 28 -1. Cited In re Martini, 38 \Vyo. 172, 265 P . 707, annotated under 124- 11 2. 124-108. Guardian may act for persons under disability. In case an injured workman is mentally incompetent or a minor, or where death results from the injury, in case any of his dependents, as herein defined be mentally incompetent or a minor, at the time when any right, or privilege accrues to him under this chapter, his guardian may, in his behalf, claim and exercise such right or privilege and no limitation of time, in this chapter provided for, shall run, so long as such incompetent or minor has no guardian. [L. '15, c. 124 § 7; C. s : '20, § 4322. 124-109. If other than employer is liable. Where an employe coming under the provisions of this chapter receives an injury under circumstances creating a legal liability ip some person other than the employer to pay damages in respect thereof, and no legal liability attaches to t!Je employer, then and in such case such employe shall be left to his remedy at law against such other person, and cQ_mpensation shall not be payable under this chapter. [L. '15, c. 124, § 8; C. S. '20, § 4323. ' 124-110. This chapter governs as to liability of employer. No contract, rule, regulation or device whatsoever shall operate to relieve the employer, in whole �7 10 WORKME N'S C01v!PENSAT ION ACT or in part, frq_m any liability created by this chapter except as herein provid ed. [L. '15, c. 124, § 9 ; C. s. '20, § 4324. \ Vhcthcr sti pulation ior reopen mg case on . c~rtain conditions after final jud gment a!low mg ~ompens_a u o!1 to mJur!!~ cmploye is void under this section, ts 1mm a!enal 111 dctcrmtnmg whether cour't had jurisd iction to reopen Judg-mcnt . which adopted the confirmed sta tements in st ipu lation at least in part. l\1idwcst Re. fin ing Co. v. George, 41 \Nyo. 55, 281 P . 1005. 124-111 . Blank forms supplied by state treasurer. I t shall be th e duty of the tate treasur er to prepare ca use to be printed and suplicd free fo r use in the ad mini stra ti on of this chapte r such blank forms as may be needed in th e admini tration thereof, and the forms provid ed by th e state treas urer hall be used as near as may be in all proceedure under this chapter ; and it sha ll be the duty of th e state tr eas urer t9 provide him self with such othe r books, records, or for ms as may be deemed necessary to expedite the transaction of business under the provi sions of th is chap ter. T he sta te treasu rer hall also prepa re and cause to be printed, for th e informa tion of employes a nd workmen, such helpful instru ctions as will assist injured wo rkmen in correctly making cl aim s fo r co mp ensation . [L. '23, c. 60, § 5 ame nding L . '21, c. 138, § 4; C. s. '20, § 4325. 124-112. Report s of accident. , \ ' henever a n accident occ urs, causing injury to an y workman engaged in any of th e extra-ha zardous employments defi ned by this Chapte r, it hall be the duty of the employer and the injured emp loye, or omcone on his behalf, or in behalf of th e inju red cmploye' s dependen ts, if he be kill ed or dies fr om the injury, within 20 clays th ereafter to make a repor t of s uc h accident and the apparent injury res ultin g th erefr om a nd to fil e said report in th e offi ce of the clerk of th e district court of the county wher ei n such acc ident occurred which report shall state: Provided, however, that lack of said notice by th e inju red employe shall not bar proceedings if the empl oyer hail actual notic e of knowledge of the injury. ( 1) The name of the injured workman and the time, cause and nature of the accident and the injury; also whether the injury has disabled the worklJlan from continuing the performance of his duties; (2) Vvhether the accident occurred while the work- · man was •engaged in the duties of his employment, and grew out of the employment; (3) The nature of the employment and the duties and how long the workman has been engaged in the service oT such employer ; (4) Whether the accident was or was not due solely to the culpable negligence of the injured employe and if so, a stateme!!_t of the facts; . (5) Whether _the injured workman is married or smgle; whether he has a dependent family, and if so, the· _names of t.he persons comprising such dependent family and their place of residence; • (6) Whether the injured workman intends to claim co_mpensation under tl1is Chapter. ~ �WORKMEN 'S COMPENSATION ACT 11 Said e~ployer's report q_f accident may be made upon a prmte_<l form prepared by the State Treasurer for such purposes, and s_hall be verified as pleadings in civil a<:_tio'l_s. Wilful failure or neglect, on the part of any employer whose business or occupation is one enum erated and defined herein as being extra-hazardous, to r eport accidents cau sing injury to any of "his employes, shall be a mi sdem eanor and upon conviction sucJ1 employe r shall be punished by a fin e of not exceeding fiv e hundr ed ($500.00) dollars. I . The injured em ployle's re po rt of a cident may be made up.9n a print ed fo rm prepa red by the State Treasu rer for that purp ose. No order or award for co mpensation shall be made unless, in additi on to th e repor ts of a£._c ident, a n a pplication o r claim for awa rd is fil ed by the in jured workman, or someone on his behalf, or in case of death of the injured workman, by his dependen ts or some one in th eir behalf, with the clerk of the dist ri ct co urt in th e co unty w herein such acc iden ts occurred , within one yea r after th e day on which the inju ry occurred. Teither the repo rts of accident nor anythi ng th erein conta ined shall co nstitu te a claim for compensat ion. The cmployc's claim for co mpensation may be am ended at any tim e before an or igina l order of award has bee n made in order that the -workman may correctly set out the nature of hi s injury. [ C. . '20, § 4326, as amended by L. '27, c. Ill ,§ 1; L. '29. c. 61, § l ; s. L. '35, C . 100. Cited in H otelling v. Far!!'O·"'es tcrn Oil Co., 33 W yo. 240, 238 P. 54 2, annotated under § 124 -1 01. R eport fi led by employer, concern in g accid ent and iu jjury suffcn~cl therl!by, is ordi narily adm iss ib le in evidence.. Ideal Bakery v. Schryver, etc., 43 W yo. 108. 299 P . 284. Limit.1 ti on of t.imc for application fo r compensation by injured cmployc, held, .appl icable to injuries resulting in death . In re Martini, 38 Wyo. 172, 265 P. 707. Limitation fo r filing cJaim by injured empl oyc, held, applicable to claim by:._ surviving parents. Id. That cmp1oye's surviving parents were in Italy, held, no ex• cuse for not filing cJaim for compensation in time. Id. Lack of knowledge as to limitation for filing claim for com• pcn'-ation , he.Id. no excuse for failure to file claim within pre• scribed time. Id. 124-113. Investigation by the district judge-Procedure in disputed cases. '\¥henever an injury or death resulting from injury is reported to the clerk of the district court of the county wherein such injury occurred, in accordance with the preceding section, it shall be the duty of said clerk to at once notify the judge of said court, that such injury report has been filed in his office. It shall thereupon be the duty of said judge to investigate the nature of said injury and • claim f~ compensation at the earliest possigle date, 'in such a manner as he may deem necessary to ascertain whether the claim for compensation or the amount thereof, is disputed by the employer, and if there be no dispute, as to the right of the injured workman to receive compensation, or as to the amount thereof, and the claim appear to be free from collu- 0 sion, said judge shall thereupon make an order di- ' recting payme~t for such compensation from the state industrial accident fund in acordance with the facts �12 WO RK MEN'S COMPENSAT IO N ACT by him asc ertained and tht; t~rms of t~is _c ~apter. If th ere be a disp ute, as to the n g ht o fsa1d tnJured employe or his dependent fa mil y t9 receive compensation, or as to the amount thereof, then it shall be the duty of said judge to set th e case dow n for a hearing at th e ea rlies t possible da te and to direct notic~ of such hearin g to be issued by th e cl£rk of said court for service upo n the employer a nd th e employe at least se ven ·(7) days befo re th e date fi xed for said hearing, whic h said notice shall be served by the sheriff of said co un ty witho ut expense to eit her pa rty, except that his ac tual traveling expenses sha ll be a llowed and taxed, as co t . T he hea rin g sha ll be conduc ted upon th e statement an d r eport fi led by the emp loyer, a rid such fo rmal claims as may be prese nted and fi led with the cl crl of th e distr ict cour t by or on behalf of the injured wo rkma n. If the employe r, in hi s report of the injury, alleges tha t th e i1tiury was du e solely to the culpa_hle neglige nce of the in jured cmploye, or th at the claim fo r compensation i one not co ming wi thin the provi ions of this chapter, then a ju ry may be dema nd ed by either party and the cau se s ha ll be tried, as a court m:oceed ing. If a jury is deman ded, it may be elec ted fr om names drawn from the five m ile limit ju ry box, as in civi( cases, at any time in term time or vacati on unle s a r egu lar jury panel be in atte nd a nce at the court on the da te any such hea ring may occur. T he taki ng of evidence hall be s ummary, giving a full oppo rtunity to all pa rties to deve lop the fac ts fully. The off icial co urt repo rter of th e district court shall a ttend the hea-;:ing a ns! make a tenograp hic report of the evidence wit hout co t to eith er party. The cour t or jud ge hall direct th e co unty and prosec ut ing attorn ey, or o ther competent atto rney a ppoint ed by the co urt to conduct th e exa mination of wi tn esses on be half of the injured workman , a nd it sl1al) be th e duty of sai d a tt orney to appea r and perfo rm such service without expense to either party. T he employer may appea r in pe rson or by co unsel a nd introduce evidence a t th e same hea ri ng. To costs shall be taxed by th e cl erk except fees fo r witn esses, w ho may be subj oe naed and who shall be allowed the sam e fees. for a tendanc e and mileage, as is fi xed bY. law in civil actions, and jury costs shall also be taxed. All such costs shall be paid from- tlie accident fund , if the verdict and judgment be in fa vor of the employer ; but if against the employer then he shall pay the costs. At the conclusion of the hearing, the court shall enter an order pursuant to th~ verdig of the jury, if a jury be called, and if no jury be called, the court or judge shall render a decision upon the facts and law q_f the case pursuant to the provisions of this chapter, and make an order allowing or disallowing com_Qensation, as t~e law and the evidence may warrant. In- any pro- · cee?mg before a court or judge, as aforesaid, the court ?r JU~~e sh~ll have authq_rity to appoint a duly qualified 1rr:ipartial physician to examine the injured employe agd give testimony. The fee for such service shall be five dollars ($5.00), unless otherwise ordered by the court, with mileage allowance as is allowed ~ to _other witn_esses, which shat be taxe'd as costs, and paid as other witness fees are paid. The employer or cmploye may, at his own expense, also appoint a �WORKMEN'S COMPENSATION ACT 13 qualified physician, who may ~ttend and be present at any such examination of an injured employe and give testimony at such hearing or investigation. Where an award of compensation has been made in favor of an injured employe, an application may be made to the court by either party, any ~ime after one year from the date of the award for a modification of th e amo unt of the award, on th~ g round of increase or decrease of incapac!ty due solely to the injury, or upon th e gro und of mistake or fraud . [L. '15, c. 124, § 12; C. S. '20, § 4327, S. L. '33, c. 129, § 2; S. L . '35, c. 100. Thi s section <loes not deny the right of an cmployc to be rcprcst:ntccl by counsel. in vie w of § 124•128 relating to fee s of a ll orn cys. Zanca nelli v. Cen tral Coal & Coke o., 25 Wyo. 511, Ji3 P . 98 1. Court in compensation proceedi ng held, auth orized to secure c..x pcrt tes ti mony 01~ effect of injury . though hearing o n ultimate fact. akamoto v. K emmerer Coal Co., 36 \Vyo. 325, 255 P. 356. R efu sal to take compensation case from jury after employer admitt ed there wa. s no evidence of ,a.•orkm cn's cupablc ng ligcncc, held. not error. I n re Hi bler, 37 Wyo. 332, 26 1 P. 64 8. Hearsay testimony of deceased empl oyc's wife, concern ing em• ployc's statements rb.tinf:' to inj ury, admissible where no objcc• tion was made at trial. Ideal Dakcry v. chry vcr, 43 \\Tyo. 108, 299 P . 284 . Cited in L a Chappelle v. Union P acific Coa l Co. , 29 Wyo. 449 . 21 4 P . 587, annota ted under § 124-101. Cited in l\Iidwcs t Refi ning Co. v. George, 41 \Vyo. 55, 281 P. 1005 . annota ted u nder ~ 124-H 0. !l l idwcs t Refi ning Co. v. George, 44 \ Vyo. 25. 124-114. Appeal to ~upreme court. Any order given and made in any investigation or hearing by a court or judge, pursuant to the provisions of this chapter, shall be rev iewable by the state supreme court on proceedings in error in the manner prescribed by the code of civil procedure ; provided, however, that the petition in error, bill of exceptions and record on appeal must be filed in the supreme court within seventy (70) days from the date of decision or order on motion fo r new trial by a court or judge, unless the time be extended by order of court or judge; and fifteen (15) days shall be allowed plaintiff in error thereafter for filin g brief, and fifteen (15) days thereafter shall be allowed defendant in error for filing brief, and said appeal shall be advanced on the calendar and disposed of as promptly as possible. In case an appeal t.9 . the supreJ!le court is p_rosecuted on behalf of t)1e injured workman, the county and prosecuting ~ttorne;v, or other attorney representing said workman, shall order a transcript of the record of the hearing and proceeding to be prepared by the official court reporter of the district wherein said injury occurred and duly certified without cost to said injured workman, and said county and prosecuting attorney or other attorney shall order the papers on file in the office of the clerk of the district court to be by said clerk prepared, transcripted, certified and forwarded to the clerk of the supreme court, without co§t to the iajured workman, and the proceedings in the supreme court, shall be conducted on behalf of the injured workman by the attorney general of the state as part of his official duties, and by any other attorney representing �3 a 14 WORKMEN 'S COMPENSATION ACT said workman. In case ;gi appeal be prosecuted on behalf of the employ~r, the record of _the p_roceedings at the original hearmg shall ,be s upplied without cost to such employer, but suc h employer may employ cqunsel to conquct such appeal o n his behalf. The court granting an appeal to an emp loyer from an order of award shall stay, un ti! the appea l is finally determined, the payment of said award or that portion thereof app ealed fr om up on such term s as may to the court eem ju st and prop_er. [L. '31 , c. 73, § 59, amending L . '25, c. 124, § 2 ; C. . '20, § 4328. Law permitt ing rctcn tim~ _o r fees b)_' rcl?ortcr for transcripts hcl<l, not to rcpe.:, I l:iw requ iring tr~nscn pts 111 c~mpcnsation cases to be fu rn ished without cost to par ties. In re \Vm bome, 34 Wyo, 3-19, 24-l P . 135. Cost of transcript, in appeal under tbisi chapter, no t contingent expense paya ble out of industrial accident fund, nor from interest earned by said fu nd . Judgment on substantial evidence in co mpen sat ion C.."'l SC is con~ elusive. )[cl\fahon v. ) [idwcst R efini ng Co. , 36 W yo. 90, 252 P . 102 7. \\' here petiti on in erro r :lnd record in compensation case were not fil ed within time limited. th e strpremc court was without jur_isdiction. Ritsma v. Standard O il Co .. 37 W yo. 47 1, 263 P . 619. 'M otion for new trial, under thi s section, must be fi led within 10 days from fina l order, anrl, wh ere no t ~o fil ed. error proceedings must be dismissed where motion for a new trb l was necessary. Standard Oil Co. v. Duchana n, 39 \ Vyo. 372 , 271 P . 876. Procedure on app'eal in ordina ry c ivi l cases applies to cases under compensation ac t. except as othen\;Se provided . Id. Assignment of error in motion for new trial not urged in brief is wai,·cd. Ideal Dakery v. Schryver, 43 \ Vyo. 10 , 299 P. 284. U nless an appeal frcim an orde r, in proceedings under this chapter, is perfected by fili ng record in supreme court within 30 clays thereafter as required by this section. or as extended by order of court or jjud ~e. the supreme court has no jurisdiction of the case on appeal. I n re Krivokapich. 4 1 W yo. 9, 28 1 P . 195. Failure of parties appealing fr om a ward o f compensation proceedings to file record with in statutory period required dismissal. Id. ~asc dismissed for fa ilure to perfect appeal in time. ]\farsh v. Alioc, 43 Wyo. 345. , Proccerling-s held, rcviewable by direct appeal except where altered, in ,·icw of this sction. ;\farsh \', Aljoc, 41 \ Vyo. 119, 282 P. 1055. District court held, authorized to make second extension order for perfecting appeal to supreme court. Id. Righ~ of compensation claimant to attorney general's services must yield to state treasurer's right thereto, when he petitions to reopen case. Id. Supr<:mc court has no jjurisdiction of appeal in compensation P~_ocecdmgs taken af\cr expiration of sta tutory period, therefore 1~ order extending time. In re Contas, 42 V,,'yo. 59, 289 1? 6~'. General terms of compensation law, fixing time for filing record ondap peal. were applicable to filing record in compensation cases u~ ,"v':. subsequently created appellate procedure. In re Contas, 4• yo. 94, 291 P . 314. d Tk cnftitlc record on _appeal to be filed within statutory period, oc ct ccs must be paid to clerk within time allowed. Id . . Arp:il:mt has duty of seeing that ·his record on appeal is for• "art c to supreme court as required by law. Id. 124-115. Court order recorded-Copies to auditor ~d treasurer. _Every order given and made by a d_isrict ; 0 urt «;>r Judge awarding payment from the Jl~u st rial accident fund to an injured employe or hts dependent family, shall be entered of record by the clerk of the court where given and true copies thereof �WORKMEN'S COMPENSATION ACT 15 shall ·be immediately made and certified by said clerk and forwarded to the state auditor and state treasurer respec tivel y, of \ ,\/yomin g, and shall be by each of said officers entered upon a record to be known as th e compe nsation docket, and shall be the authority and dire_ction of the state auditor to iss ue warrants for compensa tion award s against the industrial accident fund a nd fo r th e state tr eas urer to pay such compensation a wa rd s from said fund. [L. ' 15, c. 124, § 14; C. s. '20, § 4329. Ci te,! in La Chappelle v. Un ion Pacific Coal Co. , 29 W yo. H 9, 2 14 P . 587, a nnota ted under § 124-101. 124-116. Industrial accident fund-Appropriation. T here is hereby created a fund to be kn own as the "in dustrial accident fund ," which shall be held by th e state trcasu(er and by him depo sited in suc h banks as arc auth ori zed to r eceive depos its of the funds of th e state. The treasure r in making said deposits shall divid e th e said industrial accident fund into two distin ct fund s, one to be kn ow n as the "gc11eral fund" a nd t he other to be known as the ''reserv e fund." The "general fund" as near as may be, shall be used for p_eymcnt of all awards, claims and items of expe nse chargea ble against the industrial acciden t fund, and th e " reserve fund" shall not be used for any of said payments unlc s the "general fund" a t the time is insufficient to meet the demands upon it, in which case the treasur er shall transfer from the "reserve fund" to th e "general fund" a sufficient amount to meet the immediate demands upon said "general fund ." The purpose of creatin g said "reserve fund" is to provide a fund within the industrial accident fund sufficiently large to pay great and unusual demands upon the industrial accident fund which might be caused by a large disaster or by several such disasters occurring within a short time, and .the "reserve fund" shall be kept apart from the "general fund," anp as near as may be unused in accordance with said purpose. The state treasurer shall set aside in the "reserve fund" at the end of each month twenty-five per cent (25%) of all moneys received in the industrial accident fund during said month in excess of the amount expended, the balance of moneys so received to be used in the "general fund." Three-fourths of the "reserve fund" shall be as near as may be kept invested in United States government bonds, state, county, school district or municipal bonds. All moneys received by the state treasurer under the provisions of this chapter shall become a part of the industrial accident fund. All fees or mileage of witnesses, jurors and physicians adjudged to be pai<! from the accident fu!!,d in any court proceeding under this chapter, and all contingent expenses incurred in preparing for and in the ad.m inistration of this chapter ~hall be paid from the industrial accident fund on proper vouchers and warrants. [L. '31, c. 73, § 60, •amending L. '21, c. 65, § 1; C. S. '20, § 4330. •·contingent expenses"' payable out a£ industrial accident fund, refers only to expenses in ad~inis.tration of state d~~artmcnts. does not include cost of transcript m appeal under th1s1 chapter. In re Winborne, 34 \Vyo. 349, 244 P . 135. �16 \iVORKl\fEN 'S CO MPE 1SATION ACT !24-117. Employers' assessments. Every employer who shall engage in any of the ext ra-hazardous occupation s defined in this Act shall at th e time of commencing such employment pay to . the State Treas urer for credit upo n the account of such employe r in 'the industrial accident fund, a n initial sum of fift y dollars ($50.00) . E~e ry 7mp loyer engaged in any of th e occup a ti <;> nS here111 d~fmcd as ex tra-hazardous, is hereby required_to pa)'. 111to !he state treasury for th e benefit of th e mdu stn al accid ent fund a sum of money eq ual to one a nd one- half per cent. (1½%) of the money ea rn ed by each of his cm ployes engaged in uch ex tra-ha zardous emp loy ment during each calenda r month of uch emp loy ment. Such payment hall be so made on or befo re the l ·Sth day of the month follo wi ng the m onth for whic h such payments arc computed and paid . Each employer shall continue to make monthl y cont ribu tion as above provdied unlcs his account, af ter ma ki ng the hereinafter specified deductions therefrom, hall equal full two per cent. (2 %) of his anual payroll computed by multi plyi ng his current month's payroll of workm en engaged in extra- hazard ous employme nt by twelve and shall likewise be not less th an three thousand doll ar s ($3,000.00); provided; how eve r, that any employer whose acco unt i ove r drawn shall be req uired to pay month ly a sum of money ( includ in g th e payments as above specified) eq ual to fo ur pe r cent. (4%) of the mon ey came<;! by each of his employes engaged in such ext ra-ha za rd Q_u employme nt during each calendar month of such employ ment until such overd raft hall be paid. uch employer hall not be compell ed to contr ibute wh en his con tribution s in the fund , af ter making deduct ions as afo resaid, shall equal two pe r cent. (2%) of hi annua l pay roll, and shall likewise be not less than three thousand dollars ($3,000.00) . In add ition to th e oth er payments req uired by this section to be pa id into th e indu strial accide nt fund, every employe r engaged in any of the occ upations herein defined as extra- haza rdo us shall make a payment to be known as a "service and policing charge.'! Such service and policing charge shall be paid by the em ploye r into the state treasury fo r the benefit of th e industrial accident fund and shall not be credited to the balance of the employer contributing. The amount of balance in the industrial accident fund to the employer's credit shall not relieve him of his duty and liability to pay the service and policing charge; provided, howev_£r, that no employer who pays for any calendar month four per cent. (4%) of ~he moneys earned by each of his employes engaged m such c.."<tra-hazardous employment during such calend_a: month shall be compelled to pay a service and pohcmg charge for such m_gnth. Eve_ry employer, who, for any reason, including ces~a.tton of operations, fails to pay a service and poh_c111g charge of not less than two ($2.00) dollars dun_n~ _each calendar month, shall be required to ~ay an m!tJal sum_ of fiv_e ($5.00) dollars upon rcsummg or ~~mg requrred to resume payment of service and pohcmg charge. �I WORKMEN'S COMPENSATION ACT 17 The service and pol_icing c!1arge shall be computed on th e monthly premmm paid by the individual employer in to the state trea sury for the benefit of the industrial acc ident fund during each calendar month or on the premi um which th e employer ·would hav~ been req uir ed to pay had not the amount of the employer's balance relieved him from the payment of a premium . T he am?unt of the _service a nd policing charge shall be deterrmned accordm g to the following schedule. Service and Policing Charge \,\/here th e month ly payment is formonth less than $ 16.01 .................................... .. .... ::: $ 2.00 10.01 to 20.00 . .... ...... ........ ... 3.00 20.01 to 30.00... ........................... 5.00 30.01 to 40.00 ............ ................... 7.00 40.01 to 50.00 .. ............................. 9.00 SO.OJ to 60.00................................ 11.00 60.01 to 70.00.. ......... .. .... .... ........... 13.00 70.01 to 80.00 ................ ,...... ........ 15.00 80.01 to 90.00 ................ 17.00 90.01 to 100.00 ............................. 19.00 I 00.01 to I 50.00 ............................... 25.00 150.01 to 200.00 .............................. 45.00 200.QI to 300.00 ........................ ...... 50.00 300.01 to 400.00 .................. ............ 60.00 400.01 to 500.00 .... .. .... ..................... 75.00 500.01 to 750.00 ...... ... .. .. .... ....... .... .... 1I 5.00 750.01 to 1,000.00 .... .. ......... ..... .. ........ .. 125.00 1,000.01 to I ,500.00 .............................. 150.00 1,500.01 to 2,000.00 ...... ............. .. ... .... 175.00 2.000.01 to 3.000.00 ................. .. .. .. .... .. ... 200.00 3,000.01 to fooo.oo ............. .. .... .... ..... .. 22s.oo 4,000.01 to .5,000.00 ...... ............... .. ......... 250.00 Over 5,000.01 ...... .. ..... ............ .. .... ....... ...... .......... 275.00 r Provided, however, in that the expense of the administration of this chapter and of making the collectio ns herein fixed. is greater as to non-resident employers engaged in extra-hazardous occupations, than such expense obtains to such employers bona fide dom iciled within the State of vVyoming, the service and policing charge, upon the monthly· premium paid by non-resident employers engaged in extrahazardous occupations, sh<!_ll be double the foregoing schedule, as the same applies to resident employers engaged in extra hazardous occupations. "Non-resident" employers of extra-hazardous occupations shall give bond or other security in the sum of five hundred dollars ($500.00), to be fil)provecl by the State Treasurer or his deputies, before starting the work. The contract of said bond or other security shall be conditioned that the said employer will faithfully perform all the duties imposed by this Act uoon employers engaged in extra-hazarclq_us occupations and promptly pay into the state treasury, at the time and in the manner set forth in Section 124-117 of the Revised Statutes of Wyoming, 1931 , and all Acts amcndatory or in aid th~eof, the sums of money required to be paid by employers in extra-hazardous occupations. And to this encl, "non-resident" em- �18 WORK MEN'S CO M P E NS ATIO N ACT ployers en gaged in extra h~zar_do us occupations arc hereby requi ~ cl, befo re startm g work , and from time to t im e after such work has Q_ee n started, to report to th e S tate Trea surer th e nature a nd progress of such work, the locati on of th e same a nd th e number of employes engaged in a nd upo n ~h e work and likely to be so engaged fo r th e nex t t hirty (30) cla ys giving such furth er and detail ed info r ma tion as the State Treasurer may reasonab l , deman d. T he willful failure or neg ligence on th e par_!: of an y "_n on-reside_nt" cm-' ployer of extra- haza rd ous occ up a ti ons to give said sec urity; to make th e repo rt , and / or to furnish the informa tio n r equ ired by this ect ion, hall be a misdemea1"i"or, and up on co nviction . uch emp loye r shall be pun ished by a fine of not le s than fi ve hundred dolla rs ('500.00) or mo re than five tho u a nd dollars ($5 ,000.00) , recove ra ble wi h cos t in a ny court of competent jurisdi cti on. Provided, however, that "nonresident" employe rs of e..xtra-hazardous occ upations shall not be req ui red to give bond o r o th er ,security for any pay men t or payment requ ire d of them for th e "service and policing charge" req uired by this Sec tio n. And the r eq uiremen ts of th is ecti on that "non-residen t" employe r of extra- hazard ous occupations shall g ive bond or other ecurity, shall not appl y to "service a nd policing cha rges" herein prov ided. The term "non-resid ent" emp loyers of cxtra-h~zardous occ upations, in this conne ctio n, hall be construed as an employe r of labor engaged in extra-ha zardous occupations, who for th e previous twel ve months has 11ot bee n a continu ous co n.t ributor to th e compensation fund as in this Cha pter nrov id ed. an d wh o has not bee n bona fide domiciled in, or a resident of the State of W yomin g continu ously fo r the preceding twelve months next prior to enp-_aging in th e business of an "employer of labor in extra-ha zardous occupation ." \Vh en an y such employe r , shall co ntribute to said fund as required b:v t):iis Chapter, for tw elve consecutive months immediately prior to the commencement within this State of the occupation, the requirement to •pay double the service and police charge shall cease. For the purpose of encouraging- ·care on the part of the employers and thus decreasing accidents to emplo:ves, 11nd to the end that each employer shall com· Pensate all injuries to the workmen of such employer and not those of other employers, the State Treasurer shall keen a separate account for each emplover so contributing- to said fund anrl shall charge ag-ainst the :tccount o_f each employer all warrants paid from the mdustrial accident fund : (a) As awards for injuries to employes of such employer; (b) In payment of medical and surgical supplies and medical or hospital attendance of an employe 0.f such employer; (c) In payment for investigations of accidents _of ~uc_h empl'?yer, or in payment in investigations of m· Junes to his eip.ployes; (d) In payment of witness fees and other costs as herein provided in cases wherein an order of award is �WO RK MEN'S COMPEN SAT ION ACT 19 gran ted to th e em ploye of such employer. ( L . '27, c. Ill § 2; L. '25, c. 124, § 3; L . '23, C. 60, §7; C. S. '20, § 4331; s. L. 33, c. 129, § 3; s. L. '35, c. 100. Cited In re \.V inborn e, 34 Wyo. 349, 24 4 P. 135, annotated unde r § 12 4-114 . 124-118. Filing of ·payrolls with state treasurer. It shall be the d ut y of eac h employe r to forwar d to th e sta te trea ure r, on a blan k form provided by said state tr esa ur r, a tru e copy o f his pay ro ll of pe rsons in his employ engaged in ~" tra -ha zard ous emp loyment during tb s curr£_nt ca lend a r m onth, sworn to either by hi mself or the pe r on havi ng kn owledg e of said payroll s. Each em ployer, unles othe rwise supplied wi th the last above bla r:i k fo rm s, shall seasonab ly apply to sa id s ta te tre as urer fo r th e sa me ; an d a ny emp loyer wh o sha ll fail, neglec t or r efu se to furn ish such t r ue cop y of his payroll o f per sons in hi employ, or shall refu se to make the m onthly premium paym e!f tS as provided by th e te rms of this chapter when they becom e due, and against wh om a n award is made to any injured workman in h is employ, shall be personally liabl e to th e ta te of \ Vyom ing, for the use a nd b'e nefit of the in du s tri a l acciden t ft nd, to be recov red by suit broug h t by the sta te on th e relation of the state treas urer, in a um eq ual to uch a wa rd or aw ard s as are enter ed for payme n t fr om th e workm en's compe nsati on fund of the sta te of \ i\Tyom ing. T he entry of fina l ord er by the judge of a district co urt havin g juri sdiction of such cause approv in g and a llow ing an award of com pensa tion shall be pri ma fa cie proof of the !iability of an employer so fai li ng to comp ly with th is provision of this g 1apter ; provided, that nonresiden t emp loyers, up on en gagin g in a ny ex trahazard ous occupati on as defin £.d in this chapte r, and havin g in their employ ,Yo rkmen perfo rm in g such ex tra-haza rd ous wo rk, shall be deem ed fr om the date of th e com m enceme nt of such wo rk, to have desig nated the secreta ry of state of th e state of vVyomin g their age nt for service of a ny process upon th em in an v ac tion prosec ute d herei nunder ; and furth er, provid ed . that th e secretary of state, upon th e r eceipt of any process sha ll send th e same b y registered mail to the address of the addressee only, and shall r equest that a r eturn receipt for sam e be furni shed. The provisions o f this section shall not m odify a ny other p rovision s of this chapter, but shall be deemed to be in addition thereto. It shall further be th e dut y of each employer heretofore mentioned to notify the state treasurer in the event that he has ceased to employ workmen in occupation s of an extra-hazardous nature as defined hy this chapter. Any failure of any such employer to file with said state treasurer a copy of his payroll as herein provided, shall be a misdemeanor, and a.n y wilfully false statement in any affidavit m~de as herein provided shall Jikeivise constitute a misdemeanor, and any misdemeanor committed in violation of this section shall be punishable by a fine of not more than five hundred dollars $500.00. [L. '29, c. 119, § 1, amending L. '27, c. 111, § 3; L. '23, c. 60, § 8; C. S. '20, § 4332. �20 WO RK MEN ' S COMPENSATION ACT l24-119, Inspectors--Failure to pay assessmentPenalty. T he state tr easur er is a ~thorized and empowered, fo r th e pur po~e o f en.for c111 g th e prov isions of this chap ter, to app omt tw o ll! spec tors, th e salaries and act ual a nd nece.ssa ry trave lmg . expen~es of such inspecto rs to be paid out o f t he 111dustn al accident fun d. In case an y emp loyer engaged in any extrahazardous busin ess or ind ustry, as d efin ed by this chapte r, sha ll fa il or rcfu e to pa y ~h e asse~s ment upon his curre nt mont hly pa yroll , as 1s required b.v this chap ter, he shall be g ui lty o f a m isdem ~-i nor an d shall be pun ished b)~ a fine <;> f not .n :o re tha n five hundred dollars ($500.00), a nd 111 add 1t1on to the said fin e it shall be the dut y of th e a tt orn ey ge neral of this state to immediately bri ng suit in t_l:ie nam e of the state for th e benefit of the industr i~l accid ent fu nd aga in st such empl oye r, for th e collection o f such assessme nt a nd if a judgmen t for the recove ry of said as essment be g iven in favor of th e tate for the use a nd benefi t of the in dust rial acc id en t fund, aid judg men t shall be fo r doubl e th e amo unt of the payroll as ess me nt provid ed in § 124- 117, toge th er with co t . [L. '27. c. 111. § 4, a mend ing L. '23, c. 60, § 9. C. S. '20, § 4333. 124-120. Compensation sched ule. E ach employe, who shall be injured in any of the ex tra- hazardous employ ments as herein defined, or the depe nd ent fami ly of any s11ch in jure dworkm en, who may die as the res ult of such injuries, except in case of injuries clue solely to the cul pab le negl igence of s uc h inju red cmploye, hall r eceive out of the indust r ia l acc i9ent fu nd, compe nsation in accord a nce w ith the fo llowin g sched11 lc, a nd such ri g h t an d payme nt shall be in lieu of and ta ke the pl ace of any and a ll rig hts of ac tion agai nst any employer co ntrib u ting, as required by this chap ter, to th e indu str ial a cicdent fu nd in fav or of anv perso n or perso ns by reaso n o f a ny s uch injuries ~r d eath. (a) "Perm a nent par tial disabi li ty" mea ns th e loss o f either one foo t, one leg, o ne hand, one arm, one eye. or th e sight of one eye, o ne or mor e fin gers, one or more toes, and di sloca tion \\" here th e ligaments are seve red, or an y oth er injury kn ~~vn to surge-ry to be perm anent partial disa bil ity. F o r an y perm anent partial di sability h ereinafter s pecificall y desc rib ed. resulting from an injury, the wo rkman shall receive a lump sum as foll ows: For the loss of a thumb ..... .......... ........ ..... .... $ 337.50 For the loss of a fir st fin ge r .... 300.00 For the loss of a second fin ger .. 225.00 For the loss of a third finger .. .. 225.00 For the loss of a fourth fin ger ...... ...... ........ .. 225.00 For the loss of a palm (metacarpal bone) .. 900.00 For the loss of a, hand .. ... ... ... ..... .. .. ........ .... ...... 1500.00 For the loss of an arm at or below elbow .. 1800.00 For the loss of an arm above elbo~ .. ...... ... ... 200.00 For anky-losis (total stiffness of) or contractures (due to scars or injuries) which make the finger or fing~rs useless, the same amounts apply to such finger or fmgers (not thumb) as given above. �WORKME 1'S COMPENSAT ION ACT 21 T he loss of a third or distal phalange of the thumb sha l be considered to be equa l to the loss of one-half of such thumb ; the loss o f the more than o ne- half of such thumb shall be co nsid ered to be equal to the loss of th e whole thumb. T he loss of a third or di stal phal ange of any fin ger shall be co nsid ered to be equal to the loss of twothird s of such fin ge r. Th e loss of more than the middle and di stal phalanges o f a ny finger sha ll be co nsider ed to be equal to the loss o f the w hole fin ge r ; prov ided, however, th at in n o case sha ll th e amo unt rece ived for more than one fin ge r xcccd th e amou nt ni this schedu le for the loss o f a hand . F or th e lo s of a g rea t toe .. ........... ... ............... $200.00 Fo r the lo s of one of th e to e o ther th an g reat toe ......................................... .... ... ... 150.00 T he loss o f mo re tha n t\\"o -third o f an y toe sha ll be cons idered equa l to the lo s of th e who le toe. T he loss of less than tw o- thi rd of anv toe shall be co nsid ered equa l to th e lo f one-ha!( of th e toe. Fo r th e loss of a foot ............................. ......... $1200.00 Fo r the los o f a leg below t!.e knee .......... 1500.00 For the loss of a leg- ab ove th e kn ee .... ...... 1800.00 For th e los of an eye or the sight th ereof 1800.00 In any case wh ere any employe suffers an accide nt und er the terms of thi Act, and \\"h o lose any pa rt of the body which can be replaced by artifi cial mean s, such emp loye, in addit ion to th e benefits of thi s Act, shall be entitl ed_ to a n ~t ificial r eplacement thereof in an amount not to exceed one hundred and fifty ($ 150.00) dollars. For an y other injury known to surge ry to be per• manent partial ~li sability, the workman shall receive a sum in the amount proportional to th e extent of such permanent partial di sability based as near as may be u_pon the foregoing schedule, but in every case of per man en t partial disability the amount allowed for the injury shal) be paid in monthly in stallments at the rate of fifty dollars ($50.00) per month if the workman be unmarried at the time of the injury, and at the rate of sixty dollars ($60.00) per month if the workman has a wife at the time of the injury ; provided, however, that the court making such award shall retain jurisdiction of the same until said award s hall have been fully paid, with power to modify or change the amount of the award to conform to any change .in the condition of the injured worlanan and shall have power at any time during said period, upon application and hearing, with notice to the employer. and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the injured workman as a lump sum. (b) "Perma11ent total disability" means the loss of both legs or both arms, total loss of eyesight, paralysis or other conditions permanently incapacitating the workman from performing any work at any gainful �22 WORKMEN'S COMPENSATION ACT occupation. \iVh ~re !~ere has been a previous permanent pa rti al d1sab1hty, as th e loss of one eye, or th e sig ht thereof, one ~<;1-11d, _one_ !oot, or any other previous permanent partial d1sab1h~y, the award for a subsequent injury shall be determined b?' deducting therefrom the am ount ?f tl!e ~,~•a rd paid for such previous permanent partial d1sab1hty._ ~Vhen permanent total disability r es ul ts from the lllJury the workman shall· receive the sum of four tl1ousand dollars ($4,000.00), but in eve ry su~h ~a c the am~unt allowed 'for th e injury hall be paid m monthly 111 stall111ents at th e rate of fift y dollar ($50.00) pe r month if the workman be unmarried at the time o f the injury, and at th e rate of ixty dollar ( 60.00) per month if the workman ha a wi fe at th e ti me of the injury; provided however, that th e court mak ing such award shall 'retain juri diction of the ame until said award shall have been full y pai d, with powe r to modify or change the am ount of the award to conform to any change in the cond ition of th e injured workman, and shall have power at any time during said period , upon application and hea ri ng, with not ice to the employer and a showing of the necessity therefo r, to order all o; any pa rt of the un paid balance of th e a ward to be paid to the injured workman as a !um[) um ; provided that if th e workman shall die leaving a n unpaid balance of th e a wa rd, th en uch unpa id bala nce shall be returned to th e indu stria l accident fund and be credited to the employer' balance. If the workma n suffering such permanent to ta l disability ha ve a boy or boys under eighteen ( 18) year s of age, or g irl or gi rls under eighten (18) years of age, th e gua rdian of uch child or children app ointed as hereinafter provided, shall receive for the use and benefit of ~aid ch ild or children, a lum p sum of one hundr ed and tw enty dollars ($ 120.00) per year for each boy under eighteen (18) yea rs until the lime when each of said bovs shall become eighteen (18) yea rs of age , and a lump sum of one hundred and tw~Hy do llars ($120.00) per year for each girl under eighteen (18) yea rs of age until the tim e when each of said g irls shall become eighteen (18) yea rs of age; provided, that th e aggr egate lump sum paid to S!!,id guardian shall in no case exceed four thousand dollars ($4.000.00) , and a1iy and all awards made on acount of any such child or children, shall be disbursed und er a proper guarfidian ship to be created by the court or judg e making such award. (~) "Temporary total disability" means an injury wluch, though it may result of does result in a permanent total or partial disability temporarily incapacitatcs the. injured person from performing any w~rk ?-I .any gamful occupation for the time, but from which •~Jury such person_ may recover by medical or surgical treatment and be able to resume work. In such ~a~e, if the workman be unmarried at the time of the mJury, he shall receive the sum of fifty dollars ($50.00) P_er month, so long as the- total disabil ity shall contmue. If he have a wife at the time of the injury, he shall receive sixty dollars ($60.00) per month, and if he have _a boy '?r boys under eighteen (18) years of age or girl or girls under eighteen (18) years of age, or both. he shall receive for each, seven and one-half dollars ($7.50) per month, but the total monthly pay- . ')1 �WORKMEN 'S COM~ENSATION ACT 23 ments shall not exceed ninety dqllars ($90.00) per month. No compensation, except the expense of medical attention, shall be allowed for the first seven (7) clays of disability, unless the incapacity extends beyoncl th e period of tw en ty-one (2 1) days, in which case the compensation shall run from the time of the injury. As soo n as recovery is so complete that the ea rnin g power of th e workman at a ny kind of work is re tor.£_cl, th e pay men ts shall cease, but in no case where compensation is awa rdecl for perm anent partia l di sa bility or perman ent total di sability, shall there be dedu cted therefrom afl_v amo unt awa rded and paid, on ac ount of temp orary total disabi lity. \~' hen th e workman has non-r esident a lien children, he shall receive only one-t hir d of the sum above fix ed for boy s und er eig ht een (18) yea rs of ag e and g irl s und er eig htee n (18) yea rs of age. 17 (d) In all C,! es of temp orary tota l disa bility, perman ent partia l disa bility a!! d permanen t to ta l disab ility, t he expense of m edical atten tion a nd of ca re in hos pital of t he injured wor kman shall be paid fro m date of said inj ury. th e ex pe nse of med ical t rea tment not to exceed gn e hund red and fifty do llars C l S0.00) in any ca se a nd the expense of care in hospital no t to exceed on e hu ndred and fifty dollars (,' 150.00) in any case, un less· unde r gene ral arrangement the workman is entitl ed to medica l a ttention and care in hosp ita l, or th e empl oyer furn ish es a dequ a te and prope r med ica l atte ntio n and hospi tal fa cilities to his employe ; provid ed, however, that no bill or fee for m edical atte ntion or care in hospita l shall be allowed or paid with ou t n otice to th e employer and a hea rin g if r equested by said emp loyer. The sta te trea urer shall have t he powe r to estab lish a schedule fixing the fees fo r which a ll m edical, su rg ical, hospital or other legalized forms of treatm ent rend ered to employes under this section shall be compe nsated. Each physician or surgeon attending a workman injured whil e engaged in e~tra-hazardous occupations shgll file with the clerk of the court of th e county within which s uch injury occurred and with th e s tat e treasur er, und er rul es to be prescribed by th e state treasurer, a ful and complete report fully de scribing the nature of the injuries to such workman ; provided , that such r eport shall not be required unless · the di sab ility resulting from such injury lasts through the clay or the injury requires medical services other than the ordinary first aid treatment. Any physician or surgeon failing to file any report as herein provided shall be punished by a fine of not more !ban fifty dollars ($50.00) . \Vhere death results from an injury, the expense of burial shall be paid not to exceed two hundred fifty dollars ($250.00) in any case, unless other arrangements exist between employer and em-I ploye under agreement; (I) But if the workman leaves a widow or invalid widower, to whom he or she has been regularly married by a marriage duly solemnized by a legal ceremony, such surviving spouse shall receive the sum of two thousand dollars ($2,000.00), but in every such case the said award shall be paid in monthly installments at the rate of forty-five dollars ($45.00) per �a 24 WORKMEN 'S COMPENSATION ACT • month ; provided, however,_ th_a t the cq urt_ makin g such a~v¥cl 111 ay upon app ltcat1on_ and heanng, with not ice to the employer and a s how mg of the necessity th erefor 1 order all or any pa rt of th e unpaid balance of the a wa rcl to be paid !0 the surviving spo use as a lump sum. If the urvivin g spouse ~ha ll r e-marry befo re all of said aw ard ha been paid, then he or she shall onl y be entit led to receive the sum of two hundred and eventy do ll ars ($270.00) out of th e unpa id balance of said awa rd , a nd furth er payment shall cca e and any ba la nce o f the aw ard s hall rev ert to the depe~d ent childr en, if a ny ther e be ; and if there be 11 0 depende nt children the u npa id ba lan ce o f such award hall r<.:turn to the g en era l fun d a nd the sa me shall be cred ited to the empl oye r' ba la nce; if th e survivin g spou e hall die befor e a ll o f a id a ward has been pai d, then the un paid ba lance ha ll revert to th e depen dent chil dren, if any; if no depe nd ent child ren , th en uch balance ha ll rever t to the g en eral fund and be credited to the e111 ployer's balance · provid ed, in any case, w here the urviving spouse sh all re-mar ry or die befo re all of the awa rd has bee n paid, the remainin g bala nce sha ll be paid- to the urv ivin g depend ent children in the fo llowing manner: In as cer ta inin g the amount to be paid to each surviYing child in th e case o f male ch ild ren, th e age of such ma le chi ld sha ll be fi gured from th e time of the deat h or r e-marr iage of su_c h surviving pou e until such ma le child attain s th e age of eig hteen (18) y ars, a nd in th e case of fe111al; children, the time sha ll be fi g ur ed from th e tim e of the de.a t h or re-ma rri age _o f such urvivtng spouse unti l such fe mal e chil d a tt a in s the age of eig htee n ( 18) year s, and th e un paid balanc e of such awa rd shall be divided in each in tance by the number of months betw ee n uch periods o f tim e. 'rn case of th e death of an y o f such ur vivin g chil dre n, th e portion of such aw~d ma de payab le to such child by the terms hereof shall be di,·id ed among the survi vi ng children pro rata ; prov ided, furt her, that if all of the surviv ing children should di e befo re the unpaid balance of the award is entirely di stri bu ted, then th e remai ning undi stributed porti on o f such award shall revert to the general fund a nd be cred ited to the em ployer's balance. If said work111an leaves a surviving boy or boys under eighteen (18) yea rs of age o: girl or g irls under eighten year s of age th e 'guardian of such child or children aopoin ted as hereinafter , provided, shall receive fo-r the use and benefit of said child or children, a lump sum of one hundred and tw enty dollars ($120.00) per year for each surviving boy under eighteen (18) ::tears of age until the time when each of said surviving bo vs shall become eighteen (18) years of age, ai:i_d a iump sum of one hundred and twenty dollars ($120.00) per year for ,., cac~ survi:'ing girl under eighteen (18) years of age until the _time when each of said surviving girls shall become eighteen (18) years of age; provide<!, that the aggregate lump sum paid to said guardian shall in no case exceed three thousand, six h n d re cl dollars ($3,600.00) . In all cases where an order of compensation is made on account of boys under eighteen (18) years of age, or girls under eighteen (18) years of age. or both, gr to persons incompetent, said fund shall u $11 �\~ ORKMEN'S COMPENSATION ACT 25 be di sbursed under a proper guardianship to be created by the court or judge making such an order. (2) If the injured workman die during the period o f temp o~ary total disability and after receiving compensati on therefor, as h erein provided, and his death be shown to have resulted from such injuries, the ·widow and the guardian of the workman's l;>oys under eig hteen ( 18) y ears of age and girls under eighteen ( 18) yea rs of age shall be entitled to an award ·because of th e death of th e w orkm a n, a s ·herein provided, but the total a mount of pay ments in excess of two thousand , fo ur hundred dollars ($2,400.00) received by the injured w ork ma n durin g such di sabj_lity and prior to his dea th sha ll be proport iona tely dedu cted fr om th e amo unts herein provi ded to be paid to th e sur viving wi dow and the g uard ian of th e workm a n's boys un de r eig ht een (] 8) yea rs of age an d g irl und er eig hteen (] 8) years of age. (3) If any workman die wi thin one yea r fr om th e da te of recei~ ing an awa rd fo r pe r mane nt pa r tial di sability and his deat h be shown to have res ulted fr om th e injuries for- ,~hich t he award was gr ;:\n ted, t he wid ow a nd th e guardian of th e work ma n's boys und er eig htee n ( 18) yea rs of ag:c, a nd g irls u_nde r eighte en (18 ) yea rs of age shall be enti tled to an award beca use of th e g_cat h of the wo rk man, as herein p rovid ed, but th e am ount s of the payments received by th e injured workman prior to hi dea th shall be proportionatel y dedu cted fr om th e amo unts h erein provid ed to he paid to th e survivin g wid ow and th e guardian o f th e workman's boys und er eig ht een (18) yea rs of ag e and girl s und er eig hteen ( 18) years of ag e. (4) If an y workman die within tw o years from the date of receiving- an award for permanent total disability and his death be shown to have- r esulted from his injuries, the widow of said workman shall he entitled to an award because of the death of the workman . a s herein provided, but th e amount of the payments received by the injured workman in excess of two thousand dollars ($2,000.00) prior to his death shall be deducted from the amount of her award. (5) If the workman leaves no widow, or ·widower, or boy under the age of eighteen (18) years, or girl under the age of eighteen (18) years, but leaves a parent or parents surviving, such surviving parent or parents, if living in the United States, shatl receive a lump sum of fifteen hundred dollars ($1,S00,00); provided, a parent or parents, who arc dependents and who are non-resident aliens, shall receive a lump sum of one-thi•r d of fifteen hundred dollars ($1,500.00). • [L. '31. c. 94, § 4, amending L. '29, c. 48, § 1; L. '29, e. 64, § 1; L. '27, c. 111, § S; L. '2S, c. 124, § 4; L. '23, c. 60, §§ 10, 11; L. '21, c. 138, §§ S, 6, 7; C. S. '20, § 4334; S. L. '33, c. 129, § 4; L. '3S, C. 100. s. l.'nder sub-division b hereof, policy to allow more for children of a disabled than for those of a deceased workman held, a question for the legislature. In re Brennan, 29 Wyo. 116, 210 P . 939. Award for "permanent total djsability" made only in clear case, Standard Oil Co. of Indiana v. Sullivan, 33 Wyo. 223, 237 P. 253. �26 WORKME 11 S COMPENS AT ION ACT Evidence showing cmployc's loss of ~ng~~s on both hands, held, to justify award for permanent total d1sab1hty. Sakamoto v. Kem .. mcrer ' Coal Co., 36 W yo. 325, 25 5 P. 356. Sum paid for tc!11p~r;1ry total disability should be clcductcd from tota l permanent cl1sab1 lit y award. Id. E mployc held, cnt~tlcd to payn~cnt o i. c?mpensation in manner provided by sta tu te 111 effect at tune of mJ ury. I n re l:Iiblcr, 37 \\'yo. 332, 26 1 P. 648. Generally speak ing the Jcgislature <lid n<?t. inte nd do_u blc com.. pcn sation 10 injured cmploycs, under prov 1s1ons of this section. ~l arsh v. Aljoc, 41 W yo. 220, 284 P. 260; nano tatccl also unde r ~ 124-137. Sub. A. Standard Oil Co. (Ind.) v . Ervin, 44 W yo. 88. ){cConncll v. Murphy Ilros., ct al. , 45 W yo. 289 (a-c) . Shau l ,.. . F. • I. Co., 46 Wyo. 54 9. 124-121. Additional comp ensation for disfigurement. In all cases of tempo rary total disability or pe rmanent pa rtial disability where the workman shall suffe r permanent disfig ur ement to th e face or head of a nature so g rea t as to affect the workm an's earn ing ca pacity in securing employment, t he worh"lllan s hajl receive, in proporti on to the extent of s uch disfig urement, a lu mp sum in additio n, not to exceed five hu ndred dollars ($500.00). The court shall take into co nsideration in mak ing tl:!_C award any fo rm er di figur eme nt to the face or head of suc h wo rkman . [L . '29, c. 64, § 2. \\ r 124-122. Compensation for h ernia. A workman in order to be entitled to compen satio n fo r hernia must clearly -prove: 1. That the hernia is of rece nt orig in; 2. T hat its appea rance was accompanied by pain; 3. That it was im media tely preceded by some accidental strain suffer ed in th e co urse of the employment; 4. That it did not exist prior to the date of the alleged injury. If a workman, after es ta blishing his right to compensation for hernia, as above provided, elects not to be operated up on, and the hernia becomes strangulated in the futur e, the results from such strangulation will not be compensated." [L. '29, c. 110, § 1; S. L, '35, C. 4, § l. _124-123. Forfeiture by injured employe--Payments withheld. If any injured employe shall persist in unsanitary or injurious practice which tends to imperil or retard his recovery or if he shall refuse to submit to such medical or sur~ical treatment as is reasonably e~scntial to promote his recovery, h~ shall forfeit all . ng~t _to compensation under this •chapter; and where an mJured employe is under care and treatment of a ph_ysician, he ~hall not be permitted to personally ~eceive or use any compensation payments allowed !um uncle: . this chapter, except upon the order of such Ph3;s 1c1an, but such payments shall be withheld and deJ.!v_ered to such injured workman upon his recovery or discharge by such physician [L ' 15 c. 124 § 20; C. S. '20, § 4335. • • ' ' i\fo<!ification of instruction as to effect of injujrious practices H!bldmg recovery of injured employe, held, not improper. In re 1 er, 37 Wyo, 322, 261 P. 648. ~ R l ' �WORK MEN 'S CO?vIP EN SATION ACT 27 E mplo)'.cr had bu~dcn of proof that employc persisted in i • •. ous practtccs rctardmg recovery. Id. nJun To "persist" in injuriou s practices retarding injured crnpl o , rccO\·cry means to continue aga inst opposit ion o r rcmonst ye .5 Id. ranee. 124-124. E":emption from execution or attachment. No 1;1oney _pa id o~ payabl e und er this chapter out of th e mdus tr!?l acc ide nt fun d shall , prior to issuance and deliv~ry of t he wa rrant th erefo r, be -capable of being ass igned,. cha rged nor even be taken· in executio n or by $'ar 111shme_!) t. Any such assig nm ent, a ttachmen t, garn1 hmen t or charge sha ll be voi d. [L . '31 , c. 73, § 61, am end ing- L. '15, c. 124, § 21; C. S. '20, § 4336; s. L. '33, e. § 5; . L . '35, c. 100. Cit ed in La Chappelle v. Union Pacific Coal Co., 29 W yo. 449, 2 14 P . 5Si. 124-125. Mino: workman. A mi nor working a t a n age legally permitted under the laws of this state shall be deem ed sui juris fo r th e purp ose of th is chap ter a nd no oth er person shall have an): ~ause of ac tion or right to co m pen sation fo r inju ry to such J11inor workman, excep t as express ly provided in thi s chap ter ; but in the event of a lump sum payment becoming due under this chapter lo uch minor workman, the man agement of sa me ~hall be within the probate jurisdiction of the courts th e same as any other properti es of minors. [L. '15, C. 124, § 22 ; C. s. '20, § 4337. 124-126. Extra-hazardous public work-Contract work. W heneve r th e s tate, county or any municipal corpora tion shall engage in any extra-hazardous work in which work men ar e employed for wages, this chapter shall be a pplicable thereto. The employer's payments into the industrial accident fund shall be made from the treasury of th e state, county or municipality. If said work is being done by contr!!.ct the payroll of •the contractor and the sub-contractor shall be the basis of computation and in the case of contract work consuming less than one year in performance the required payment into the a£_cident fund shall be subject to the provisions of this chapter and the state for its general fund , the county or municipal corporation shall be entitled to collect from the contractor the full amount payable to the industrial accident fund and the contractor, in turn, shall be entitled to collect from the sub-contractor his proportionate amount of payment; the provisions of this section shall apply to all extra-hazardous work done by contr_act, except that in private· work the contractor shall be responsible, primarily and directly, to the industrial accident fund for the proper percentage of the total payroll of the work and for the amounts due it, and the owner of the property affected by the contract shall be surety for such payments. vVhenever, and so !ong as under the state law, city charter or municipal or?inanc_e, provision is made for municipal employes inJured m the course of employment, such employe shall not be entitled to the benefits of this chapter and shall not be included in the payroll of the municipality under this chapter. (L. '15, c. 124, § 23; C. S. '20, § 4338. �28 WORKMEN 'S COMPENSATION ACT 124-127. ·Safety devices. Not hing in this chapter • con tain ed sha ll repeal a ny existi ng law providing for th e in stallat ion o r maintenance of any device, means or method for the preve ntion of accidents in extraha zardou s work or for a penalty or punishment for fai lure to in stall or maintai n any such protective device, m eans or method. [L. '15, c. 124, § 24; C. S. '20, § 4339. 124-128.. Unlawful to receive more than 5% of compensation for services rendered. It shall b.e unla wful for any perso n or any number of persons acting toget her or separately or in any way, in cludi ng attorneys, agents, interpreters, a nd all other per sons, to receive or agree to rece ive eithe r directly or indirectly any beneficiary o r beneficiaries unde r this chapter, fo r se rvices rend ered or to be render ed, either jointl y or separately, in r elation to proc uring any benefit or benefits under thi s cha pte r, any sum or sums aggregatin g more th an fiv e per centmn of the who le amount received or to be rece ived by suc h beneficiary or ben eficiari e , on acco unt of injuries to any employe, and in no even t to exceed fiif ty dollars ($50.00). Every person violating or co ncerned in th e violation of the provision of this sec ti on shall be g ui lty of a misdemeanor, and up on conviction thereof shall be fined not less than fift y dollars ($50.00) nor more than five hundred doll ars ($500.00), to whic h may be added im pri onm ent in the county jail fo r a term not exceeding nin ety cla ys. It hall be the duty of the county ;i'nd prosecutin g attorn ey of the county in which any injury occu rs to give all necessary legal adv ice to any Lniu red wo rkman, or his dependents, who may seek advice in making and filing claims for compensation, and to prepa re all statemen ts of claim or othe r pape rs necessa ry or advisab le to be fil ed by suc h workman or dependents, fr ee of all charges a nd cost s. [L. '21, c. 138. § 8, amendi ng C. S. '20, § 4340. from Ci terl in Zancanelli v. Central Coal & Coke Co. , 25 '\Nye. 51 1, 173 P. 981. annotated under~ 124- 11 3. CitNI as to attorney's fees in In re Hibler, 37 \ Vyo. 332, 261 P. 648. 124-129. Physicians required to testify. Any physician having attended a n employe in a professional capacity may be required to t es tify before any court or judge when so directed, in cases com ing within the provisions of this chapter, and the law of privileged communication between physician and patient. as fixed by statute shall not apply in such cases. [L. '15, c. 124, § 26; C. S. '20, § 4341. Standard Oil Co. (Ind.) v. Ervin, 44 Wyo. 88, Osteopaths. 124-130. False statement by employe. Any employe or workman who shall make or cause to be made on his behalf any misrepresentation or false statement for the purpose of receiving compensation under this chapter to which he is not lawfully entitled shall be guilty of a misdemeanor, and shall on conviction, be fined not more than three hundred dollars ($300.00), or imprisoned · for not more than ninety (90) days. [L. '15, C. 124, § 27; C. s. '20, § 4342. /, �WORKMEN'S COMPENSATION ACT 29 124-131. Annual report by state treasurer. It shall L> e the dut)'. of ~he state_tr eas urer to secure and cimpile . stat:st1cal 111 fo rm a t1on concerning accidents occurrmg m the ex tra- haza rd ous employments defined L>y t~ii.s chapter,_ ho.wing the numb er of accidents or fatalitie s o~cu_rnng 111 each of said employme nts, the amount paid 111 each employe r coming within the prov1s1011 of _th'.s chapter ; the amo unt paid out on ~cco un t of 1nJuncs, or d eath re sultin g f!:_om injuries 111 such emp loyme nts; an.9 any other information r elating t o the opc rat!o n or adm inistration of this chapter that may be of 11_1 terest; and t o make a full report thereof, togeth er with such recommendations as he may deem proper fo r changes or amendments herein and to publi h a fu ll repo rt thereof, to the governor: 011 or bcfo r th e 31st clay of December in eac h yea r. [ L. '15, C. 124, § 28; L. ' 17, C. 69, § 7; C. S. '20, § 4343. ?Y 124-132. E xamination by state treasurer. The state trca urer may, at a ny time on twenty-fou r hour ' notice (unle such notice is wa vi ed by the employer) either in per on or through an y author ized inspector agent o r deputy, e,·amine the book , accounts or pay~ roll s of an y employer at an y time for the pu r pose of securing an y information des ir cl in the aclmini trati on o f this chap ter. [L. '27, c. 111 , S 6. amend ing C. S. '20, § 4344. 124-133. Disabled workman examined by employer's physician-Recovery reported to court. Any workman awarded compen ation for tempo rary total disability under thi chapter, as defined by clause (c) of § 124120 hall . if thereafte r req uested l>y his emp loyer submit him elf for medical exam ination by a physicia n licensed to practice med icine in this state, at a place designated by the employer a nd which sha ll be reaso n• ably co nve nient for the workman , an d said workman may have a licensed p hys ician prescn ~ of his own selection. The pu rpose of such examination sha ll be to determine whethe r the workman has recovered so that his earnin g power at any kind of work is restored. If it be agreed th at th e workman has recovered so that his earnin-;;: power at a ny kind of work is restored, th e fact shall be repor ted by the employer and said r,hysician to the jud ge of the di strict court, who made the award in the fi r st instance, or if there be a di spute as to the rccoverv of the workman and his restoration to earn ing p~wer, it shall be likewise reported to ·said judge, by filing a statement in either case in the office of the clerk of the district court of the county where the award was made, and the matter shall be disposed of in such manner as said judge may deem proper under the facts . If said judge finds that said workman has recovered and has been restored to his earning power and that compensation should be discontinued his decision and judgment in the premises shall be certified to the state auditor and stak! treasurer and shall be authority and direction to said officers to discontinue compensation payments. If the workman. in such case, refuse to suh_mit to such examination or obstructs the same, his right to m_ont!1ly payments shall be suspended until such ex:ammat1on �30 WORKME N' S COMPENSATION ACT has taken place, and no compensation shall be payable during or for account of such period of refusal. [L. '15, C. 124, § 30; C. s. '20, § 4345. Standard Oil Co. (Ind.) v. Ervin, 44 'Wyo. 88, Osteopaths. Shaul v. C. F. & I. Co., 46 Wyo. 549. 124-134. Employes' statements of dependent persons. All employes or workm en coming within the provi sions of this chapte r shall be r equired, upon entering se rvice in any of th e extra-ha zardous employm<;!ltS herein defined, to make a nd sign a written statement setting forth the names of th e persons dependent upo n th em for suppo rt or constituting members of their depend ent fam ilies, in each case giving th e names a nd ages of th eir boys under th e age of sixteen (16) yea rs and girl s und er the age of eighteen ( 18) yea rs. [L. '23, c. 60, § 12, amen din g C. S. '20, § 4346. 124-135. Assignment of rights and benefits. •All payments made into th e industrial ac cident fund by an y and every emp loyer under th e provisions of thi s chapter shall be taken as paid and r eceived in con sideration of th e indemnity to such employer by r easo n of his contri buting to the industrial acc ident fund, and in consideration of the pa ·ment made by the state to such fund; p rovided, ~hat when any emp loyer engaged in an extra-ha za rd ous occupation as defin ed in this cha pter, has heretofore sold and conveyed, or shall herea fter sell and convey hi s or it property to a purchaser who continues to conduct and ca rry on said bu in ess at the same place, th e seller shall be entitled to tran sfer and assig n to the pureha er all rights, benefits, privil eges and im mun ities, accrui ng to such employer by virtue of any, sum then on deposit to his or its credit in the ind us trial acc id ent fund in th e state treasurv und er the provision of this cha rac ter ; and upon filin g such ass ignment with th e s tate treasurer, the purchaser shall suc ceed to all said ri g hts_. benefits, privil eges and immunities of said employer. Said purchaser shall be subject to obliga tions of compensation against the seller ii:icurred and existing at the date of such assignment: provid ed, that no part of anv moneys so paid in by any employer shall e,·er be refunded to him, either during the time when .he continues in business as such employer, or after he ceases such business: provided, that every employer, operating under the provisions of this chapter shall pay into said industrial accident fund the sum of at least five thousand dollars •($5,000.00); and provided, further, if this chapter shall be hereafter repealed or held invalid, the moneys which are in the industrial fund at the time shall be distributed as mav. be provided by the legislature, and in default of such legislative provision. distribution thereof shall be in accordance with t~e i_ustice of the matter, due regard being had to ob• hg-atlons of compensation incurred and existing. [L. '31, e. 76, § I, amending C. S. '20, § 4347. 0 *12~-136-A. Closing of accounts. Any b a I an c e standmg to the credit of any employer in the industrial •This section omitted from Revised Statutes 1931. '21. c. 68. See S. L. �-- WORKME N' S COMPENSATIO N ACT 31 accidenj: fund for three _Years afte_r sa_id employer shall have ceased to _e ngage m \ i'i/yom mg m the occupation on account of whi~h hi s said ~ontributions hav e been made shall be debited from his account to the profit and loss accoun t of said fund , and said employer' s account shall be th er eupo n fin ally closed, and th ereafter th e said bal_an ce ~hall permanently remain a part of th e in dus tri al acc ident fund . 124-136. Actions against employer independent of chapter. Nothing in th is chapte r shall be constru ed to limit or affect an y r ight or act io n by an employe again st a n employe r for injuries received w hile in th e employ of such employer when uc h employe r a t th e time of such injuries is no t contributing to the industrial accid ent fund as provided in this chap ter. [L. '23, c. 60, 13. 124-137. R e-opening of cases. The state treasurer shall have the rig ht to cause any case to be re-opened in which a n ord er of awa rd has been mad e, provided he shall cause a petition for th e r e-opening of the case to be filed \v ith th e court which gra nted the award, wi th in thirty days afte r the date o n whic h th e ord er of award \Yas received in th e state treasurer's office. Such ·petiti on mus t show probabl e cause that error was made in the amount of the award , or th e character of the awa rd, or the grounds on whi ch the award was made, and may sp_£cify as a reaso n fo r re-opening th e ca e e.xist ing e,'.]clence not given in the original hea ri ng, show ing the general nat ure and effect of such evidence. OD_ the fi lin g of such a petition and on th e cour t find ing that probable cause is shown thereby, th e co ur t hall stay the award. an d up on reasonable noti ce t o all parti es reopen th e case and set th e same for hearin g de novo. T he sta te treasurer may take such part in th e n ew hea.rin g as he may deem advisable and s hall have every rig ht and privilege of a party to th e cause. He s hall have the right of appeal to th ~ supreme co urt from an y order in such new hearing, eith er g ranting an award or refu sing to grant an award. He shall also have a rig ht of appeal from an order refu sing to r e-open a case. In addition, and without the necessity of presenting any petition for the re-opening of a case to the trial court, the state treasurer shall have the rig ht to appeal to the supreme court from any order or judgment in any district court of the state awarding compensation or declining to award compensation. although he was not a party to the proceedings in such district court. Upon the perfecting of anv appeal instituter! by the state treasurer the court allowing the appeal shall issue an order staying the execution of the order or udgment appealed from without requiring an y bond . The attorney general, or his deputy or assistant, shall act as the attorney of the state treasurer in all cases. All costs of new ·hearings granted upon the _petition of the state treasurer and all costs of appeals con?Ucted by the state treasurer, shall be paid by the tndustrial accident fund, except such c_osts as the court in its discretion shall assess against any of the �32 WORKMEN 'S COMPENSATION ACT o ther parties to the cause. [L. '27, c. 111 , § 7, amending L. '25, c. 124, § 5. \Vhcrc the duty of the att orney general l <? rcp~·c~cnt c~mpcnsa• tion cla imant in s upreme court, as part of lns ofT1c1al duties,_ con. flic ts with his duties to act ..1s att orney fo r s tat e treasurer m all cases, the duty firs t mentioned mu ~t yield to right o f s tate treas• urer to such ser vices. 1\forsh v. AlJoc, 41 W yo. 119, 282 P . 1055. In act ion und er workmen'~ c<?m pcnsation l~w , in which com• pcnsation was awarded, apphca t1 on ~f s ta_tc !r.casurcr to reopen case on ground , among o th,crs,. of pnor d1salnht y, sho uld !to t be cletcrrnincd on ex partc afTHlav1 ts, when based on new cv1<lc11cc, s ince leg is lature contc1~1plat ctl that trc:isu_rc r should be gi ven ad• vantn g-c of regular tnal. f arsh v. AlJoc, 41 \\Tyo. 220, 284 P . 260. This cction aut horizing s tate treasurer to have case reopened nrns t Uc construed in lig ht of s ituati on which was sought to be remed ied hereby . Id . On s tate treasurer's ap plica tion, based on new ev idence. to reopen case, court must reopen case. if the new evidence will have a nrnt crial be.Jri ng. Id. 124-138. Bills to be itemized-Time of filing. All bill s for med ical at tend ance, expenses or disbursements, and for ho pita ! ser ice , sha ll be properl y dated, it emized a nd ver ifie d by the claimant, or the same shall be di allowed by the cour t, a nd every doctor who ball attend an injured wor~ma n shall within ten (10) days after the first of the month s ucceedin g that in which he r ende r ed services to the injured work man fife with th e clerk of the di trict co urt of the prope r county, his itemized a11d verified bill for all ervices rendered by him a nd expense incur red in behalf of th e injured wo rkm a n durin g the prev ious month, and shall send a copy ther eof to the state· treasurer; an d all claim s for medical attendance or medi cal se rvices not so filed w ithi n th e tim e specified sha ll be disall owed by th e co urt. [L. '25, c. 124, § 7. 124-139. Notification by doctor. Every doctor who accepts th e case of a n injured workm an, and every hospital which accep ts th~ case of an injured workma n, shall within ten (10) days after acceptin g such case fil e a written no ti ce thereof with the clerk of the district court, and shall se nd a copy of s11ch notice within said ten (10) days to the state tr eas urer and another copy within sai_fi period to the employer of the injured workman. Any doctor or hospital failing or refusing to file the notice within the time designated with the clerk of the court, or to send copies thereof within said period to the state treasurer and the employer of the injured workman, shall forfeit any remuneration or award from the industrial accident fund for any services, care or attention rendered to such injured workman or any facilities furnished to him. [L. '25, c. 124, § 8. 124-140. Awards. Every award within the meaning of this chapter is a judicial determination of the rights of the employer, the employe and the industrial accident fund as to all matters involved. Except as otherwise specifically provided in this chapter, the code of civil procedure shall govern in matters before the courts of this state in reference to the workmen's compensation · 1aws. No award of compensation or allowance of any expense or claim chargeable against �WORKMEN 'S COMPENSATION ACT 33 th e a~count_ of any em ploye r contributing to the industrial acciden t fund shall be made without notice to su~h emp)oye r and_ hearing, unless such employe r shall 111 wntmg- fil ed 111 the court hav ing jurisdiction conse nt thereto. Wh~re the emp_loyer cannot be personally served, _s~1bst1tuted servi ce. as provided for in th e code of c1v 1l procedure, ma y be had. [L. '25, c. 124, § 9; s. L. '33, c. 129 § 5. Att award of cmnpcnsation to an injured cmployc is a final judgment. unlc_ss expressly reserving jurisdict ion to reopen case. Jl[icl west R efining Co. v. George , 41 W yo. 55 , 28 1 P. 1005 . 124-141. Deferred payment account. \Vhenever a n ord er of award sha ll specify that the award is to be paid itt month ly paymen ts, the state treasurer shall charge the amo unt the reo f aga in st the account of th e employer of the inj ured workman and shall tran sfer th e am ount of aid award from the ge neral fund into a deferred pa •ment acco unt, w hich acco unt shall th ere after be alone liab le fo r the payment of th e a ward. Interes t earn ed by the defe rred paymen t account shall be paid in to th general fund , as well as all amounts repaid or r eturned to aid general fund under th e provisio n of this chapter, or by reaso n of mod ification of ord ers of award. v\ henever a modificat ion of an ord er of a\\"ard increases th e amo unt of th e award, the additi onal amoun t s ha ll be charged against th e employer's accoun t and transferred from the genera l fund into the defe rred payment acco-unt, ..i"nd whenever a modificat ion of an ord er of awa rd decreases the amount of the award, t he am ount of such decrease shall be tr a nsfe rred fr om the defer red payment accoun t to th e gene ral fund and credited to th e acco unt of the employe r. [ L. '27, c. 111, § 8. 124-142. Bribery. \ Vhoever co rruptl y gives, or promises to g ive pay, or irnburse, or whoever offers to give, pay or imburse any court offic er or employe, or any persoi1 employed or concerned und er the laws of this state in th e administration of this chapter, either before or afte r his election , appointment or employme nt, any money or valuable thing, or corruptly offers or promises to do .iny act beneficial to an y person to influence his action or to secure his assistance in the administration of this chapter, and whoever, being a court officer .o r employe or a person employed under the laws of this state in the !!dministration of this chapter, either before or after his e~e.ction, qualification, appoil)tment or employ11;ent, s<;>ltc1ts or receives any such money or valuable tlung to mfl1;1ence him or to secure his assistance with respect to his official duty in any matter relating to the administration of this chapter, shall be deemed guilty. of felony. and upon conviction thereof be imprisoned t11 the penttentiary not more than fourteen (14) years. [L. '25, c. 97, § 1. I. IiI I l 1• I �TABLES for computing amounts due under the prov1s1ons of the 'Workm en's Compensation Act and Peace Officers' Indem nity F und. Followi ng arc tables of mouth ly compensation for several amounts allo wed by la w, computations for which arc made for twcnty•ci ~ ht, thi rty aud thirty -one day months; Single 5 6 7 8 9 10 II 12 IJ H 15 16 I7 18 19 20 21 22 23 24 25 26 27 28 29 30 JI 28 I.79 3.57 5. 36 7.14 8.93 10.7 l 12.50 14.29 16.07 17.~ 6 19.64 2 l.4 J 23 .21 25.00 26.79 28.57 30.36 32.14 J3.9J 35.71 37 .5 0 39.29 41. 07 42.86 44.64 46.43 48.2 1 50.00 30 1.66 3.JJ 5.UO 6.67 S. .3J 10.00 11.67 I J.JJ 15.00 16.67 18.JJ 20.00 21. 67 23.33 25 .00 26.67 28.33 30.0U 3 1. 67 33.33 35 .00 36.67 3S.33 40.00 -ll. 67 -13 .3 3 45.00 -16.66 48.33 50.00 -l.8-l 6. 45 8.06 9.<>ll 11. 29 12.90 14.52 16. IJ 17.74 19.35 20.97 2:?. 58 24. 19 25 .8 1 27.42 29.03 30.65 3~.26 33.87 J5.48 37 . 10 38.71 40.32 -ll.9-l 43.55 45.16 46.77 48.39 50.00 W ido wer and one child $57.50 2S JO Jl 2.05 1. 92 1.85 4.11 J.SJ 3.7 1 6. 16 5.7 5 5. 56 4 8.21 7. 67 7.42 5 10.27 9.58 9.2 7 6 12.32 11.50 11.13 7 14.37 13.42 12.98 8 16.43 15.33 14.84 18.48 9 17. 25 16.69 10 20.5 4 19. 17 18. 55 11 22.59 21.08 20.40 12 24.64 23.00 22.26 13 26.;o 24.92 24 .11 14 28. i S 26.83 25.97 15 JO.SO 28.7 5 2i.82 16 32 .86 J U.67 29.68 17 34. 9 1 32.58 3 I.SJ 18 36.96 34.50 JJ .39 19 39.02 36.4 2 35.24 20 41.07 38.3 3 37. 10 21 43. 12 40.25 38.95 22 45 . 18 42. 17 40.81 23 47.2J 44.08 42.66 24 49.28 46.00 44.52 25 51.34 47.92 46.3 7 26 53.39 -19.83 48.22 27 55 .44 Sl.75 SO.OS 28 57.50 53.66 51.93 29 55.58 53.79 JO 55.64 57.50 31 57.50 $60.00 Ji 1.94 3.Si 5.8l 7.74 9.68 11.62 13.55 15.48 17.42 19.35 21.29 23.22 25.16 27. 10 29.03 30.97 32.90 34.84 36.77 38.71 40.64 42.58 44.51 46.45 48.38 50.32 52.26 54.19 56.13 58.06 60.00 \Vidowcr and two childre n $65.00 28 30 31 1 2.32 2.17 2.10 2 4.64 4.33 4. 19 J 6.96 6.50 6.29 4 9.29 8. 67 8.39 5 11.61 10.83 10.48 6 13.93 13.00 12.58 7 16.25 15.17 14.68 18.57 8 17.33 16.77 9 20.89 19.50 18.87 10 23.2 1 21.67 20.97 11 25.54 23.83 23.06 12 27.86 26.00 25.16 13 30.18 28. 17 27.26 14 32.50 30.33 29.35 15 34.82 32.50 31.4S 16 37. 14 34.67 33.55 17 39.46 36.83 35.64 18 41.79 39.00 37.74 19 44. 11 41.17 39.84 20 46.43 43.33 41.93 21 48.75 45.50 44.03 22 51.07 47.67 46.13 23 53.39 49.83 48.22 24 55.71 52.00 50.32 25 58.04 54. 17 52.42 26 60.36 56.33 54.51 27 62.68 58.50 56.61 28 65.00 60.66 58.71 29 62.83 60.80 JO 6S.00 62.90 31 65.00 $50.00 3I l.o l J.2J i\ [an antl wife l 2 J 4 s 6 7 8 9 JO ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ' 31 28 2. 1-l 4.29 6.43 8.57 10.7 1 12.86 15.00 17.14 19.29 21.43 23.57 25.71 27.86 30.00 32.14 34.28 36.43 38.5i 40.71 42.86 45.00 47.1-l 49.28 51.43 53.57 5S.71 Si.86 60.00 30 2.00 4.00 6.00 8.00 10.00 12.00 14.00 16.00 18.00 20.00 22.00 24.00 26.00 28.00 30.00 32.00 34.00 36.00 38.00 40.00 42.00 44.00 46.00 48.00 50.00 52.00 54.00 S6.00 58.00 60.00 �36 V/OR KME N'S COMPENSATION ACT ]\ f n11 , wire and one chilcl I 2 J 4 5 6 7 8 9 10 JI 12 13 14 J5 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 3I 30 28 2.25 2.-11 4.50 4.82 6.75 i.23 9.00 9.64 I 1. 25 12.05 13.50 14.46 15.7 5 16.87 1 .00 19.29 20.25 21.70 22.50 2-1. I I 24.i5 26.52 27.00 28.93 29 .25 31. 34 31.50 33.75 33.75 36. 16 36.00 38.57 38.2 5 40.98 43.39 • 40.50 42.75 45.80 45.00 48.21 47. 25 50.62 53.04 49.50 51.75 55.45 54.00 57 .86 56.25 60.27 58.50 62.68 60.75 65.09 6i.50 63.00 65.25 67.50 $6i .50 31 2. 18 4.35 6.53 8. 71 10.89 13.06 15.24 17.-12 19.60 21.77 23.95 26. 13 2S.31 30.-1 8 32.66 34.84 37.02 39. 19 41.37 43.55 45 . 73 47 .90 50.08 52.26 54.44 56.6 1 58.79 60.97 63.14 65.32 67.50 )Ian , wife aud two chil dren 1 2 J 4 5 6 i 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 . 25 26 27 28 29 30 31 28 2.6~ 5.36 8.04 10.7 1 13.39 16.07 18. 75 21.43 24.11 26.79 29.46 32.14 34.82 Ji.SO 40.18 42.86 45.53 48.21 50.89 53.57 56.25 58.93 61 .61 64.28 66.96 69.64 72.32 75 .00 30 2.50 5.00 7.50 10.00 12.50 15.00 17.50 20.00 21.50 25.00 2i.50 30.00 32.50 35.00 37.50 40.00 42.50 45 .00 4i.50 50.00 52.50 55.00 Si.SO 60.00 62.50 65.00 67.50 70. 00 72.50 75 .00 $75 .00 31 2.~2 4.84 7.26 9.68 12.10 14.52 16.94 19.35 21.77 24.19 26.61 29.03 31.45 . 33. 87 36.29 38.71 41.13 43.55 45.97 48.39 50.81 53.22 55.64 58.06 60.48 62.90 65,32 67.74 70.16 i2.SR iS .00 Widower and three children 2 3 4 5 6 7 8 9 JO ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.59 5.18 7.77 10.36 12.95 15.54 18. 12 20.7 1 23.30 25 .89 28.48 31.07 33.66 36.2 5 38.84 41.43 44 .02 46.61 49. 19 51.78 54.37 56.96 59. 55 62. 14 64.73 67.32 69.9 1 72.50 30 2.42 4.83 7.25 9.67 12.08 14.50 16.92 I 9.33 21.75 24. 17 26.58 29.00 31.42 33.83 36.25 38.67 41.08 43.50 45.92 48.33 50.75 53.17 55.58 58.00 60.42 62.83 65.25 67.66 70.08 72.50 $72.50 31 2.34 4.68 7.02 9.35 11.69 14.03 16.37 18.71 21.05 23.39 25.73 28.06 30.40 32.74 35.08 37.42 39.7 6 42.10 44.44 46.77 49.11 51.45 53. 79 56.13 58.47 60.81 63.15 65.4 8 67.82 70.16 72.50 \ Vidowcr and fo ur children 2 3 4 5 6 7 8 9 10 11 12 13 14 15 IG 17 JR 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.86 5.71 8.5 7 11.43 14.29 17. 14 20 .00 22.86 25.71 28.57 31.43 34.29 37.14 40.00 42.86 45.72 48.5 7 51.43 54.29 57.14 60.00 62.86 65 .72 68.57 71.43 74.29 77.14 80.00 30 2.67 5.3 3 8. 00 10.67 13.33 16.00 18.67 21.33 24.00 26. 67 29.33 32.00 34.67 37.33 40.00 42.67 45.33 48.00 50.67 53.33 56.00 58.67 61.33 . 64.00 66.67 69.33 72.00 74.66 77.33 80.00 $80.00 31 2.58 5.16 7.74 10.32 12.90 15.48 18.06 20.64 23.23 25.81 28.39 30.97 33.55 36.13 38.71 41.29 43.87 46.45 49.03 51.61 54.19 56.77 59.35 6).93 64.52 67.1 0 69.68 72,26 74.84 77.42 80.00 �WORKMEN 'S COMPENSATION ACT )Ian , wiic and th ree children I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 28 2.95 5.89 8.84 I 1.79 14. 73 17.68 20.62 23.57 26.52 29. 45 32.4 1 35.36 38.30 41. 25 44.20 47. 14 50. 09 53.04 55.98 58.93 61. 87 64 .82 67.77 70.7 1 73.66 76.61 79 .5 5 82 .50 30 2.75 5.50 8.25 I 1.00 13.75 16.50 19.25 22.00 24. 75 27.50 30.25 33.00 35 .75 38.50 41. 25 44. 00 46.75 49.50 52.25 55.00 57.75 60.50 63.25 66.00 68.75 71.50 74.25 77 .00 79.75 82.50 Jl $82.50 31 2.66 5.32 7.98 10.64 I 3.31 J 5.97 18.63 21. 29 23.9 5 26. 61 29.27 31. 93 3•!.60 37.26 ,,9.92 42.58 -1 5.24 47.90 50. 56 53. 22 55 .89 58.55 61.2 1 63.87 66.53 69.1 9 71.85 74. 51 77. 17 79.84 82.50 Maximum 1 ' 3 4 5 6 7 8 9 10 lJ 12 13 14 15 16 j7 18 19 20 21 22 23 24 25 26 27 28 29 JO 31 28 3.21 6.43 9.64 12.86 16.07 19.29 22.5 0 25.7 1 28. 93 32.14 35. 36 38.5 7 41.78 45.00 48.21 51.43 54.64 57.86 61.07 64.28 67.50 70.71 73.93 77.14 80.36 83.57 86.78 90.00 $90.00 JO 3.00 6.00 9.00 12.00 15.00 18.00 2 1.00 24.00 27.00 30.00 33. 00 36.00 39.00 42.00 45.00 -18.00 51.00 54.00 57.00 60,00 63.00 66.00 69.00 72.00 75.00 78.00 81.00 84.00 87.00 90.00 31 2.90 5.8 1 8.7 1 11.61 14 .52 17.42 20.32 23.23 26. 13 29.03 31.94 34.84 37.74 40.64 43.5 5 46.45 49.35 52.26 55.16 58.06 60.97 63.87 66.77 69.68 72.58 75.48 78.39 81.29 84.19 87.JO 90.00 37 \Vid owcr and five children 1 2 3 4 5 6 7 8 9 10 Jl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 3. 13 6.25 9.38 12.50 15 .63 18.75 21.88 25 .00 28.1 3 31. 25 3-1. 38 37.50 40.63 43.75 46. 8 50.00 53.1 3 56.25 59.38 62. 50 65 .63 68.75 71.88 75.00 78. 13 8 1.25 84.38 87.50 30 2.92 5.83 8.75 11. 67 14.58 17.50 20.42 23.33 26. 25 29. 17 32.08 35.00 37.92 40.83 43. 75 46.67 49.58 52.5 0 55 .42 58.33 61. 25 6-1. 17 67.08 70.00 72.92 75. 83 78.75 8 1.66 84.5 8 87.50 $87.50 31 2.82 5.65 8.47 11. 29 14.11 16.94 19.76 22.58 25 .40 28.23 31. 05 33.87 36.69 39.52 42.34 45. 16 47. 98 50.81 53.63 56.45 59.27 62 . 10 64 .92 67.74 70.56 73.39 76. 2 1 79.03 81.85 84.68 87.50 �38 WORKM E N' S COMPENSATION ACT Tab1c showing amount by months :incl days, fi g ured on basis of one child at rat e of $120.00 p er year. Day or days Month or month s 3 4 s 6 7 8 9 10 JI 12 $ 10.00 20.00 30.00 40.00 50.00 60.00 70.00 80.00 90.00 100.00 l 10. 00 120.00 2 J 4 5 6 7 s 9 10 11 12 13 H 15 16 17 JS 19 20 21 22 23 24 25 26 27 28 29 30 31 28 d a y month 30 day month 31 day month .3 6 .7 1 1. 07 1. 43 1.79 2. 14 2.50 2.86 3.2 1 J. 57 J.93 4.29 4.64 5.00 5.36 5. 7 I 6.07 6.43 6.78 7. 14 7.50 7.86 S.21 8.5 7 8.93 9.28 9.64 10.00 . 33 .67 1.00 1. 33 1.67 2.00 2. J J 2.67 3.00 J.33 J.67 4.00 4.33 4.67 5.00 5.33 5.67 6. 00 6.33 6.67 7.00 7.33 7.67 8.00 8.3 3 8.67 9.00 9.33 9.6 7 10.00 .32 .65 .98 1.29 1.61 1.94 2.26 2.58 2.90 3.23 3.55 J.87 4. 19 4.52 4.84 5. 16 5.48 5.81 6.13 6.45 6.77 7.10 7.42 7.74 8.06 8.39 8,71 9.03 9.35 9.68 10.00 �Peace Officers' Indemnity l'.und CHAPTE.R 83-ARTICLE 2 R. s. 1931 Section 83-201. . W yo min g peace officers' indem ni ty fu nd . 83-202 . Officers included. 83-203. Limit of indemn ity paid . 83-204. Paym ents to fu nd by counties. 83-205. P ay ments to fund by state. 83-206. R eport of accident. 83-207. Order of Court. 83-208. Power of stat e treasurer. 83-209. App eal by sta te treasurer. 83-201. Wyoming Peace Officers' Indemnity Fund. The fund acc umul ated under this Article shall be known as the \ Vyoming Peace Officers' Indem nity Fund. [L. '23, c. 97, § 1. 83-202. Officers Included. Such Peace Officers' Indemnity Fund shall be accumulated and main tained as herein provided for the purpose of providing indemnity to all penitentiary wardens, deputy penitentiary wardens, penitentiary guards; guards of th~ Wyoming Industrial Institute, including the superintendent and his deputies; agents of the State Department of Law Enforcement, and the commisisoner of such department and his deputies, state coal mine inspectors, and deputies, state game and fish commissioner, and his ass istants and deputies, and state game wardens; and all salaried sheriffs, under sheriffs, deputy sheriffs and constables employed by any county of the State of Wyoming or paid by the board of county commissioners of any county, who shall be injured in performance of their duties, the purpose of this - article being to provide for indemnity to such peace offfficers injured in the performance of their duties, which duties are hereby recognized as involving risks to life and limb. This section shall not apply in any case where the injury occurred before the c;late on which this section is to ·take effect. [L. '31, 71, § 1. amending L. '23, c. 97, § 2. c. 83-203. Limit of Indemnity Paid. The indemnity ·which any such peace officer or his dependent family shall be entitled to receive under the provisions of this article shall be computed according to the compensation schedule of the Wyoming \Vorkmen's Compensation Law in effect at the time such injuries were received, and the procedure and forms under this article shall be as near as may be the procedure and forms provided by the Workmen's Compensation Law, �.40 WORKMEN'S COMPENSATION ACT it being intended that the V/y?n:iing Peace Officers' Indemnity Fund shall be ad ll} m1stered by the state treasurer as near as may be in th e same manner as the Wyoming Workmen'.s Compensation Law is administered, a!ld · that or9ers of award and all other court procedure shall be enter~d and conducted as nea r as may be in accordance \"'.1th th e procedure provided by th e Workmen's Compen sation Law, and that any of th e above peace office rs injured in the line of hi s duties shall receive th e same compensation which he wou ld have received had he r eceived the same injury whil e working fo r an employer contributing to th e Indu strial Acciden t Fund, a nd shall receive the ind em nit y in th e same manner. [L. '23, c. 97, § 3. 83-204. Payments to Fund by Counties. Every county of the State of W yoming is hereby required to pay into the state treas ury for the benefit of the Wyoming Peace Officers' Indemnity F und a sum of money equal to one and one-half per cent (I½o/o) of the moneys earned by each of it salaried sheriffs, dep uty sheriffs, und er sheriAs and constables during each calendar month in which they shall be employed. Such pay_rnen t shall be so made o n or before the fifteenth day of the m onth follow ing the month for which such payments arc computed and paid. The state treasurer shall keep a separate accoun_t for each county so contributin g tg sa id fund , a nd shall charge agai nst the accoun t of each coun ty all wa rrants paid from th e \1/yom ing Peace Officers' Indemnity Fund: (a) As awards for injuries to th e above named peace officers of such county: (b) In payment of medical or hospital attendance of such peace officers of such county ; (c) In payment for the inves ti ga tions of injuries of such peac~ officers or in paym ent of investigations into the manner in which such injuries wi; re received; (cl) In payment of witness fees in cases wherein an order of award is granted to such peace officer of such county. Each county shall continue to make said monthly contributions as above provided unless its account after making the above deductions therefrom shall be overdrawn, in which event said county shall be required to pay monthly a sum of money (including the said one and one-half per cent) equal to three per cent (3%) of the moneys earned by each of its peace officers during each calendar month of such employment until such overdraft shall be paid. [L. '23, c. 97, § 4. 83-205. Payments to Fund by State. The State of "Wyoming hereby pledges itself to contribute by bi- · ennial appropriatio~s a sum of money equal to one and one-half per cent (l¼o/o) of the moneys earned by each of such peace officers in its employ, and ~grees that its account shall be kept as near as may be m the manner in which the accounts of the counties are required to be kept under the provisions of this article', and that similar charges for amounts paid out �WORK MEN'S CO MP E N S AT ION ACT 41 unt of or on behalf of injuries to its peace ofolin aco all be charged against its account. The Sta te 1i cers s • If t I1a~ tn • th e ev en t f Wyoming further pledges 1tse ? count is ove rdraw n th at it shall contribute a sum its . . of ac money ( mcludmg the sa1'd one a n d one- I1a If per t) equal to thr ee per cent (3o/o) of th e mo neys ~:~ned by each of its peace officer s. [L. '23, c. 97, § 5. 83-206. Report of Accident. R epo rts of acc idents coverin g injuries to its peace officer11 shall be fil ed_by th e co unties ir th e sa m(, ma nner and a t th e sam e t11ne as such repo rts are req uired to be fi led by employers con tribu ting to the Industrial Accide nt F und, a nd each state officer ha ll make similar reQ.o rts to t he courts of all in juries to peace officers employe d in hi department. [L. '23, c. 97, s 6. 83-207. Order of Court. Every o rde r given and made by th e district court or judge awa rding pay men t from the vVyom ing Peace Officer ' Indemnity F un d to an injured peace officer or his dependent family shall be en ter ed of r eco rd by the clerk of the co urt where given and tru e copies th ereof shall be immediately made and ce r tified by said clerk and forwarded to the state audito r and state trea urer r espectively of ·wyom ing, and shall be by each of said officers entered upon a r ecord to be kn own as th e Indemn ity D ocket, and shall be t he authority and direction of th e state auditor to iss ue wa rrants of indemnity a, vard s agai nst the vVyoming Peace Officers' Indemnit y F und, and fo r th e s ta te tr eas urer to pay such indemnity awards from such fu nd. [ L. '23, c. 97, § 8. 83-208. Power of State Treasurer. T he s tate treasurer shall have th e power by ap propriate ac tio n t o require each county of the state to co ntr ibute to said fund as req uired by this article. [L. '23, c. 97, § 9. 83-209. Appeal by State Treasurer. The stat e treasurer shall have the right to app eal to the s upr eme court from any final order or judgment in any district court of the state awarding indemnity or declining to award indemnity, although he was not a party to such procedure in the district court. The attorney gener-!_l shall act as the attorney for the state in every such appeal, and each appeal shall be conducted witho~t expense to the Wyoming Peace Officers' Indemmty Fund. [L. '23, c. 97, § 10. �Coal Mine Catastrophe · Insurance Fund CHAPTER 57-ARTICLE 7 R. s. 193 1 Section 57-701. Definition. 57-702. Payment by coal mining companies. 57-703. Los cs in excess of $25,000 to be paid from fund. 57-704. Separate accounts to be kept. 57-705. Use of fund limited. 57-706. Penalty for failure to pay pr emiuri1. 57-707. Authority to contract with insu rance companies. 57-701. Definition . The word, "catastrophe," as used in thi s Article means a disaster in a. coal mine or min es cau sing the pay men t throu gh the operation of the ¥ lo rkm en's Compen sation Law of this state out of the Indus trial Accident Fund of an agg regate more than tw enty-five thousa nd dollars in compensations to w_o rkm cn kill ed and injured an d their dependents, g rowin g out of any on e accident or occurcncc, or se ries of afcidents or occurren ces ar ising out of. one event. [L. '25, c. 159, § 1. 57-702. Payment by Coal Mining Companies. For the purpose of giving to the portion of the Industrial Accident Fund paid in by employers operating coal mines support which is deemed necessary, each employer operating a coal mine or mines in Wyoming shall pay into the state treasury monthly a sum equal to one-fourth of one per cent of his Wyoming payroll for the preceding month, such payment to be made on or before the fifteenth day of the m9nth following the month for which such payments arc computed and paid, the moneys so receivecl to be placed by the state . treasurer in a fund to be denominated Catastrophe Insurance Premium Fund. All moneys received by the state treasurer under the terms of this article, shall be paid by him out of the Catastrophe Insurance Premium Fund into the Industrial Accident Fund, monthly as received, and such payments shall continue to be made until the· credit balance of the Catastrophe Insurance Fund in the Industrial Accident Fund is equal to two hundred thousand dollars ($200,000.00), whereupon such payments shall cease, to be automatically resumed, whenever and continue so long as the credit balance of the Catastrophe Insurance Premium Fund with the Industrial Accident Fund is below two hundred thousand dollars ($200,000.00); all such payments- shall be credited generaly to the Industrial Accident Fund instead of being credited to any individual employer �44 WORKMEN'S COMPENSATION ACT contributing to either the Catastrophe Insurance Premium Fund or the Industrial Accident Fund. [L. '25, C. 159, § 2; s. L. '35, C. 73. 57-703. Losses in Excess of $25,000 to be Paid from Fund. In cons ideration fo r such payments made or to be made from the Catas troph e Insurance Premium F und th e Industrial Acciden t F und in th e hands of the state treasurer is hereby made a catastrophe in surer as to catastrop hes to the exte nt th at such catastrophes cause losses above twenty-five thousand dollars to the Industrial Accident Fund. The first twenty-fiv e thousand do llars of such loss shall in every case be cha rged agai ns t the employer in w hose mine or min es the acc id ent may have occurred. The amount over twenty- fiv e thousa nd dollars shall be paid from the lnd.ustrial Accident Fund a nd no t charged against the em ployer in w hose coa l mine or mines the catastroph e oc.s; urr ed, but agains t the balance of the Catastrophe In sura nce P remium Fund. [L. '25, c. 159, § 3. 57-704. Separate Account to be Kept. The state tr easu rer shall keep a separate account bet ween the Industrral Accident Fund and th e Catastrophe Insurance P remium Fund, creditin g the Catastrophe Insuran ce P remium F und with all moneys by it paid into the Indu strial Accident Fund and charging the Catastrophe In s ur an c e P remium F und with all amounts paid ou t fo r catastrophes as herein provided . [L. '25, c. 159, § 4. 57-705. Use of Fund Limited. No money paid into th e Catastrophe Insurance P remium Fund as herein provided shall ever be applied in any way other than by payments to the Indu strial Accident Fund as herein provided. [L. '25, c. 159, § 5. 57-706. Penalty for Failure to Pay Premium. The in spectors appointed by the treasurer under section 124-119 shall also act as inspectors for the purpose of enforcing the collection of the premiums clue the state from employers operating coal mines. And if in any case any such employer shall fail or refuse to pay the premiu!TI upon his monthly payroll as is required by this article he shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred ($500.00) dollars and in addition to the said fine it shall be the duty of the attorney general of this state to immediately bring suit in the name of the state in the district court for the proper county, for the benefit of the Catastrophe Insurance Premium- Fund, against such employer for the collection of such pr!_mium,- and if a judgment for the recovery of such premium due be given in favor of the state for the use and benefit of the Catastrophe Insurance Premium Fund said judgment shall be f~r do~ble the amount of the premium provided by this article, together with costs. [L. '25, c. 159, § 6. �- WORKMEN'S COJ\{PENSATION ACT 45 .701. Authority to Contract With Insuranc_e 51 Companies. The state treasurer, should he;_ deem 1t d isable is her eby a uthorized and empowered to a vke co~tracts o n behalf of the S tate of vVyoming mad tlte Industrial ~cc ident F und with an insurance an mpany or compa111es, . • Ie for payment mto • tq_ prov1c ~~e Indu strial Acc ident F und by th e in s t!rin g company r companies of a s um equal to the ult1111ate net loss ~vhich the Indu strial Accident Fund has or shall sustain by rea ~on of any catastrophe, all f?r th e purpo~c of authori zmg th e state treasurer to rc111 surc the said satastrophe risk with an in urance company or complnies. T he premium fo r any cQntract of reins urance shall be paid by th e tate trea urcr o ut of the Industrial Accident Fund and cha rged again t th e acco unt of the catastrophe Insuran ce Premium Fund. Every contract of r ein urance hall specify that the insurin g company or companies rein urc the Indust rial Accident Fund from lo s by r eason of cata trophes during the term of uch insurance, within the lim its as to amount exp ressed in the contract, and that the insuring company waiv e all r ight to question a ny award for cl1!_ims growing out 9f a catastrophe or claimed to grow out of catastrophe, and that t he insuring company will accep t as final the awards made by the courts under the vVyomin g W o rkme n's Compensation Law, and will abide by uch awa rd , and will promptly repay to the Industrial Accident Fund all the payments made by it during the term of uch insurance under catastrophe awards. Each co ntract shall also provide that the insuring company discla im s all right to appear in or contest any proceeding und er the Workmen 's Compensation Law. - No payment made out of the Industrial Accident Fund which is repaid to the Industrial Accident Fund by a n ins ura1~e company shall be charged against the account of the Catastrophe Insurance Premium Fund or against the account of th e employer in whose mine the catastrophe occurred. [L. '25, c. 159, § 7. �Firemen's Pension Fund CHAPTER 23-S . L. 1935 Section Dona1. State T reas urer- Adminis trati on, F und , tions. z. F und-Furth er Maintenance. 3. Definitions. 4_ P cnsion- \!Vho E lig ible, Amount. S. Death in L inc of D uty-Beneficiary. 6. \Vhen Father and 1'.1Iother Beneficia ries. 7. Volunteer Firemen-Benefits. 8. Application- Inv estigation. 9. Other Compen ation . 10. Payments-Exempt from Legal Actio n. State T_reasurer-Administration, Fund, Donations. Sectionl. There is her eby cr eated a fund to be known as the "Firemen's Pension Fund" fo r the purpose of paying the aw_ards, benefi_ts and p~n io ns und er the provisions of this act. T iu sfund 1s to be administered by the state treasurer through the \Vorkmen's Compensation Department of • the State of 'W yoming and said state treasurer shall have full custody and control. of such fund with full power as to the administration thereof; but such fund shall be administered by said state treasurer witl19ut liability 011 the part of the state beyond the amount of such fund . For the purpose of establishing and maintaining said fund ten per cent (10%) of the gross annual tax for the ye ar of 1935, and for each ensuing year thereafter, collected upon the fire insurance premiums paid to fire insurance companies within the State of Wyoming as provided by section 115-117, Wyoming Revised Statutes, 1931, is hereby set aside and appropriated for the use and benefit of said fund. The amount of tax collected, as above set out, shall be credited to said fund by the state treasurer upon payment of the tax to him by the insurance commissioner. There may be added to the fund so established and maintained such cash, gifts, donations and contributions as may be made from time to time by individuals and organization~. Said state treasurer is hereby empowered '.o r~ce1vc any and all such gifts, donations an~ contributions for the benefit of said fund . [L. '35, c. -3, § 1. Fund-Further Maintenance. Section 2. For the further maintenance of this fund every p~id _fireman of e~ch fire department organized and mamtamcd by any incorporated city or town, or �48 \ VORKMEN'S COMPENSATION ACT any county in this state, affected by this act, shall be assessed two per cent (2%) of his salary monthly for the use and benefit of said fund . Such assessment shall be withheld from his salary by the treasurer or other disbursing officer of such city, town or county and said assessment shall be tra nsmitted to the state treas urer on th e first day of eac h month. [L. '35, c. 23, § 2. Definitions. Section 3. Th e following word s and phrases shall be con stru ed for the purpose of this ac t as hereinafter set out : " P a id Firemen." An y individual who is r egul arly employed and paid by a n incorporated city or town for devo ting his entire tim e of emp loymen t to the care, ope ra tion an d r equirements of a regularly consti tu ted fir e depar tm en t. "Volunteer Firem an." An individual w ho fo llows other lin es of regular employment or labor but who is carr ied on ·the rolls of a reg ul arly con stituted fir e departmen t, the members of which are und er th e juri sdicti on of a mayor, city or town coun cil or other governing body and who may be partly paid an d par tly volunteer. Payme nt of compensation for ser vices actually rendered by such enrolled volunteers shall not take th em out of th e above classification. An y individual who volunteers assistance but wh o is not reg ularl y en ro lled as a fireman, is not a volunteer fir eman within th e meaning and contemplation of this act. "Injured, disabled or killed in the lin e of duty." A paid or voluntee r fireman ,is injured or disabled in th e lin e of duty when he meets with bod il y or mental injury while going to, returning - from or in attend ance upon a fir e, conflagrati on, calami ty or disas ter, or who meets with bod ily or mental injury while actually engaged in the repair, upkeep or care of fire apparatus, or in the performance of duties prescribed in the maintenance and operation of a fir e depa rtm ent. "Compensation Act." The Act of the Legislature of th e State of \\Tyoming found in Chapter 124, \ Vyoming R evised Statutes, 1931, ai:id any and all amendments which may be made thereto. "Thirty years active service." An individual whose principal mean s of livelihood for thirty years has been employment by an incorporated city or cities, town or towns, in the State of Wyoming as a member of a regularly constituted fire department and who has been carried on the pay rolls for that period of time. [L. '35, c. 23, § 3. Pension-Who Eligible, Amount. Section 4. Any person coming within the following cla?sification and filling the requirements thereof may retire or be retired from active service and receive a monthly pension equal to one-half of his actual monthly wage at the time of retirement, but in no instance shall such pension exceed one hundred dollars ($100.00) per month, and further provided that any ol~ age pension of which he may become the benefi_c1ary hereaft!:!. shall be a deduction against such retirement pension. (a) Any paid fireman who has performed and completed thirty years active service · �r I WORKMEN'S COMPENSATION ACT 49 rly constituted fire departments of any inin reg Ula city or cities tow n or towns m • t h"1s state corpora ted ' d and who is of the age of fif_t y fivffe ~earsf and upwart • (b) Any paid fireman wh o 1s su e:mg rom a men_a 1 hysical disability r end erin g him unfit for active or • • t h e res u 1t o f an acd t P provided such d1•sab1·1·1ty 1s c~{nt, injury or exposure suffered in the lin e of duty. [L. '35, c. 23, § 4. Death in° Line of Duty-Beneficiary. Section 5. Upon th e death of an y paid fireman , where death is the res ult of an accident, injury or exposure suffered in the lin e of dut y, or up on th e death of any paid fir eman r eti red according to th e provisions of sg_cti on 4 of thi s act, the s tate tr ea urer shall pay out of th e Firemen' Pension Fund to hi s surviving wife, prov ided she was his -ivife at th e t ime of his death or retirement, a monthly pe nsion equal to one-half of the pension such r etired fireman w a receiving at th e time of hi s death , or a monthly pen sion equal to one-qua rter the amoun t of his compensation at the tim e of his death. an d uch payments shall continue durin g th e lifetime of such surviving wife or until she r ema rries. In additi on to such pa ymenl, the state trea ~urer shall pay to the surviving wife ou t of the said Firemen's Pens ion Fund, th e sum of ten dollar s ($ 10.00) per month fo r th e support and mai ntena nce of each ch il d of s uch deceased fireman under th e age of eigh teen years and who was supported by such fireman prior to his death, providing, in no case shall the tota l s um exceed the r etirement pay as prov ided in sec tion 4 of this act. In th e event such survi vi ng wife should die or remarry before the child or children of such deceased fir eman sha' l have reach ed th e age of eight een yea rs, th en th e state treasurer shall pay to the lawfull y appointed guardian or guardians of such children from said fund , the amount necessar v for the care and maintenance of such children until such tim e as the same shall reach the age of eighteen yea rs or marry. l'v[onthly payments to such surviving child or children in no event to exceed the total amount paid monthly to the sur- • viving wife prior to her death or remarriage. In the event there be surviving children but no surviving wife of said deceased fireman , then the state treasurer shall pay to the lawfully appointed guardian or guardians of such surviving children, the sum of ten dollars ($10.00) per month for the support and maintenance of such child or children under the age of eighteen years and who was supported by said fireman prior to his death; also, the state treasurer shall pay to such lawfully appointed guardians such additional amount as will be necessary for the proper care and maintenance of each child until such time as the same have reached the age of eighteen years or marry, provided that such additional amount shall not exceed one-half of the pension such retired fireman was receiving, or one-qu-!rter the amount of compensation the deceased ~reman was receiving at the time of l).is death. [L. 35, c. 23, § 5. • �SO WORKMEN'S COMPENSATION ACT When Father and Mbther Beneficiaries. Section 6. Upon the death of any paid fireman acco rding to th e provisions of Section 5, of this act, and who leaves surviving him no wife or children but leaves sur viving him a dependent father or mother or both, then the state treas urer shall pay,. to the moth er if there be no father, or to th e fath~ 1f there be no mother, out of th e F ireme n's Pension, Fund such amount eq ual to one- half of the pension such retired fi rema n was receiving a t th e time of his death , or one-qua rt er the a moun t of compensation such fire man was receiving at the time of his death, but if there b·e both father and mother surviving who were depende"nt upon said deceased fireman fo r supp ort, then th e state treas ur er ha ll pay out of said fund to eac h a n amotmt eq ual to one-qua rte r of th e pension such retired fi rema n wa s receiving at the time of his death, or one-eigh th th e ~mount of compensation such deceased fir eman was receiving at the time of his death, providedthat, in the eve nt either the sur viving mot her or fath er sho uld die after the payme nts have started, the tate treasurer sha ll pay to th e other surviv in g pa rent the fu ll amount as set fort h fo r either fat her or mo ther. [L. '3 5, c. 23, § 6. Volunteer Fireman-Benefits. Section 7. Any vol unteer fi reman wh o is s uffering fr om a mental or phys ical disabilit y ren dering him unfit fo r active service in a regu larl y constituted fire department, and prov iding s uch disabi li ty comes within th e definition of pern1£lnent pa rt ia l disability, permanent full disa bility or temporary total disability, of the Workmen 's Compensa ti on Act, provided, furth er such disabil ity is th e r es ult of an injury, accident or exposure suffer ed in the lin e of duty, the state treasurer shall pay out of th e Firemen's Pension Fund, such sum and in such periodic payments as would be payabl e for such disability of a workman engaged in extra-ha zardous occupation under the ,i\Torkmen's Compensation Act. Upon the death of any volunteer · fi,reman caused by accident or exposure in the line of duty, the state treasurer shall pay to the surviving wife out of the Firemen' s Pension Fund, such sum and in such periodic payments as would be payable for the death of a workn1art engaged in extra-hazardous occupations under the Workmen' s Compensation Act, provided that, in the event such wife shall die or remarry or in the event there be no surviving wife but there are surviving children, then such payments shall be made to the guardian of any dependent child or children of such deceased fireman. Provided further that, upon the death of any volunteer fireman according to the above section, who leaves surviving him no wife or childret1 but does leave surviving him dependent father or mother, or both, then the state tre..!!-surer shall pay to the m·o ther if there be no father, or to the father if there be no mother out of the Firemen's Pension Fund, such sum andJin such periodic payments as would be payable for the death of a workman engaged in extra-hazardous occupations under the ,voikmen's Compensation Act, but if there �WORKMEN'S COMPENSATION A. CT 51 f ti r and mother surviving who were debe both a 1e "d deceased fireman for support, the . •fun d to eac I1 sue I1 pen dent upon sat1all pay out of said state tre~:t~~r0 ~1~-half, and in such r.eriodic payments sum, ei~ b payable for the death 9f a workman enas w~u . eextra-hazardous occupations under the ~V~~km:~'s Compensation Act. [L. '35, c. 23, § 7. Application Investigation. Section 8. \,V henever any fireman , his sur vivin g ·f dependent children or dependent par ents shall • or b enc.fi ts un(Ier ti11•s a~ t , be entitled to any pens10n such fireman, or in the even~ of his death, the chief of the fire departm ent, of w hich he was a 1;1en:ber or some other proper person, shall make appltcat1011 for such benefit s or pension by fili ng a comp lete ?nd concise statement of the fact~ nec_essary to entitl e uch fireman or his surviving wife or childr en or par ents to the benefit s or pen sion under this act. uch a pplication shall be filed with the state tr ea ur er upon forms provided by him . The state treasurer is her eby ~iven the power to in vest igate such application a nd determine whether or. not such app lication shou ld be granted, with the further power to hear eviden ce as to the justice of the application or r equire and r eceive affidavits as to the truth of the statements made in such· applicatio n. In the event such application is refused, such matter may be taken before the district court for the county wherein such applicant r esides by petition, and notice shall be given said state treasurer by the court of the elate set for hearing. T he decision of the district court shall be binding upon said state treasurer and applicant unless appealed from according to the procedure provided under the Workmen's Compen sation Laws of Wyoming. [L. '35, c. 23, § 8. • WI e, Other Compensation. ~ection 9. Application for pension may be made pno: to actual retirement upon statement of the intention to. retire, but payment shall not begin until su~h applicant has actually retired and his name is ~tncken from the pay rolls of the city or town. No rem~n or any of his survivors shall be entitled to ~?h~ the b_enefits of this act so long as said fireman C ts sury1vors are receiving payments under the m~mpensation Act, but upon the expiration of payto ~s ~nder the Co~pensation Act his or their rights who :hattnefits o_f this act shall attach.• Any fireman for f ~e entitled to the benefits of insurance paid videJo!11 t e ?'eneral fund of any city or town as pro1931 ~~al~ectt~\ 22 - 15 Wyoming Revised Statutes, this 'act unt~i° s ~ ~'?-titled to an~ of the benefits of shall h uc ime as such msurance payments ave ceased. [L. '35, c. 23, § 9 _ ?, PaYlllents-Exempt from Legal Action. Section 10 p rnade to the· b/Yre.nt~ made under this act shall be Qf each month ned c1tnes on or before the fifth day an s all be made by voucher drawn �52 WORKMEN'S COMPENSATION ACT against the Firemen's Pension J:'und and shall be paid by the state treasurer out of said fund. No payments made under this a~t shall b~ subject to judgg1ent, attachment, execution, garmshment or other legal process and shall not b~ assignable, nor shalf the state treasurer have the auth9rity to recognize any assignment nor pay over any sum assigned. [L. '35, c. 23 §IQ ' � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Workman's Compensation Act Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. March 1st 1935 Subject The topic of the resource Workman's Compensation Act, 1935 Description An account of the resource A booklet documenting one of the Workman's Compensation from March 1st 1935. It is stored in a orange folder with other Workman's Compensation files. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource J. Kirk Baldwin Identifier An unambiguous reference to the resource within a given context 1-0237 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.