https://haylibrary.cvlcollections.org/files/original/4147ac8501574c337978860d0e1a6ea1.pdf 48415a0db3ada5805067a799b56d39e4 PDF Text Text ST ATE OF WYOMING WO JRli(lWEN'§ COMIJPJEN§ATKON ACT And Acts Relating Thereto With All Amendments To Date MAY 1, 1933 Compiled by H. R. WESTON, STATE TREASURER CHEYENNE, WYOMING �STATE OF WYOMING W o:irkmen's Compensation Act AND ACTS RELATING THERETO WITH ALL AMENDMENTS TO DATE. MAY 1, 1933. COMPILED BY H. R. WESTON, STATE TREASURER CHEYENNE, WYO. �W-ORI{MEN'S COl\11:lPENSA 1'ION ACT CHAPTER 124 R. S. 1931 Section. 124-101. Name of law. 124-102. General provisions. 124-103. Provisions exclusive, compul ory and obligatory. 124-104. Extra-hazardous occupations defined. 124-105. Exceptions. 124-106-7. Definit ions. 124-108. Guardian may act for person under disa bility. 124-109. If other than employer is liable. 124-110. Thi s chapter governs as to liability of employer. 124-111. Blank forms supplied by state treasurer. 124-112. Reports of accident. 124-113. Investigation by the district judge-Procedure in disputed cases. 124-114. Appeal to supreme court. 124-115. Court order recorded-Copies to auditor and treasurer. • 124-116. Industrial accident fund-Appropriation. 124-117. Employers' assessments. 124-118. Filing of payrolls with state treasurer. 124-119. Inspectors-Failure to pay assessment-Penalty. 124-120. Compensation schedule. 124-121. Additional compensation for disfigurement. 124-122. Compensation for hernia. 124-123. Forfeiture by injured employe-Payments withheld. 124-124. Exemption from excution or attachment. 124-125. l\Iinor workman. 124-126. Extra-hazardous public work-Contract work. 124-127. Safety devices. 124-128. Unlawful to receive more than 5 per cent of compensation for services rendered. 124-129. Physicians required to testify. 124-130. False statement by employee. 124-131. Annual report by state treasurer. 124-132. Examination by state· treasurer. �2 WORKMEN'S COMPENSATION ACT WORKMEN'S COMPENSATION ACT 3 12-1-133. Disabler) ~vorkman examined by employer's physician-Recovery r eported to court. 124-134 . Employes' statements of dependent persons. 124-135. Assignment of rights and benefits. *124-136. Closing of accounts. 124-137. Actions against employer independent of chapter. 124-138. Re-opening of cases. 124-139. Bills to be itemized-Time of filing. 124-140. Notification by doctor. 124-141. Awards. 124-142. Deferred payment account. 124-143. Bribery. 124-101. Name of law. This chapter shall Le known a s the "workmen's compensation law." [L. '15, c. 124, § 1; C. S. '20, §4315. ,vorkman·s comiicn~ntion act w-=>uld be valid ns to the rcm..a.in<ler c,·cn if the provision for non.payme nt for the first ten days ,,a!) invalid. being sc,·crnbl~. Zancan el li v. Central Coal & Cohe Co., ~5 Wyo. 511, 173 P. OS !. \Vorkmc n's rompc n~ation act is vnlicl, and not contrury to nny prav:sion of the stnte or fe<leral constitutions . Id. \Vorkmcn"s com11cnsnlion act docs not vioh te amend ment to const. art. 10 , § 4. ,•,rovitling <.·om1~nsation "to c:u:h person injured," in that no compcmmtion is a llowed for firs t 10 days of disability. Id. ,vorkmc n·s compensation ad. § 124-113, <l t>S not <leny the right of nn cmploye to be represented by counse l, in view of § l~il-12:-:. relating to fees o! attorneys. Id. Workmen's coll\rcnsation net is not unconstitutional in that the 1,ro,·ision th a t children o,·er the ai;e of 16 s hall n ot be considered dcp~n<lents unless incapacitated. Id. \Vorkmen•s t.."Omi,C"nsation act is not uncons titutional in that nonreside nt alien family or deceased cmploye shall rccci\le only 33 1>c1· L·ent or amount allowed to resic.lcnts or state. Ic.1. This ch:q,tcr held , not lm~cd on unreasonable cla.5si!ication, citing const. art. l § 3•1. Ideal Bakery v. Schryver, 43 Wyo.- , 209, P. i g4. Under § 124-1~4. pl'<lviding that no money J>ayable under this chnpter, shall , prior to issuunce and delivery o( \\.·arrn.nt therefor, "1>.1s.; lo any other ,person by operation of lnw." the right£;. a£ an injure<l employc to compensation provided for in §§ l:!•1-lU:!, 124-103. 124- 113, did not vass to his ntlministratoo:- as an as~ct o( his estate on his death :::i.fter award hatl been made, but before the issuance or delivery of the wnrrant .1:ro\·ille<l for in § ll4-115, since in its or<linnry nnd u~unl t-.Cnsc ,vith in § 112-llll, the phrase "by operation of law:· when U~El.l to <lescribe a method by which title to property is t ransferred . incluc.lcs n tr~nsfer by intestacy. La Cha11pclle v. Union Pacific Coal Co., 29 Wyo. 4'19, 214 P . 587, This chapter cited in State v. Carter, 30 Wyo. 22. 43, 215 P. 477, -1M. Finding~ on e\·i<lcnce in compensation contest conclusive. Star.tlard Oil Co. of Indiana v. Sullivan. 33 Wyo. 223, 237 P. !!53. Award not conjectural, though different finding justified. Id. Under this chapter there is a prima fncie right to com,t,ensation when dhu1bility or death is result of nn injury sus,.. tained in cxtra-hn1.nnlous employment and the right thereto •hould not be dcnieu unless the injury was due solely to the negligence of the workman whose injury or den th is the basis of the claim, nnu the burden of proving such affirmative defense is on the employer, in view of § 124-112. Hotelling v. Fargo-West.em Oil Co., 33 Wyo. 240, 238 P. 542. •This i;eclion omitted In R. S. 1931. J Tola! di sabili ty . s hould n ol be dc-clarcd permanent, unless cortm n . Ca r te r Oil Co. v. Gibson, :J 4, Wyo. 5:l . 24 1 P . 219 . E vi c.l cncc he ld, to jus lify fi n<lini; that total <l isa bility wna pcrmnncnt. Id. Lcg i~.lnturc_ 1'11:\ ) ' irn po.sc t.luty on court reporter of mnkina 1~ ~ ~~ TJ~~ s;1;~n L·ascs free ot: cost. In re \V inboi·ne, t:t;~~~~l-3, Th io chnple r citc,1 in constru ing §§ 124-104 nnd 1?·1-1 07 In re Knr os, 3,1 \Vyo. 357, 243 P. 593. • Rul o th nt i_n cnsc of conflicling evidence npJlcllutc court wi:l not _rcvcr~c Judg ment supported by Hubstantial cvi<le ncc, hc~<l. novli cublf: _to cases under this chllJ)tcr. McMahon v. Mid.. wes t Rcf11unrr Co., 36 Wyo. 9U, 252 P. 1027 . Th is ~hnptcr cited in cons t.ruing certain sections he reof, In re H ibler, 37 Wi-o. 332, iG l P . G~ ij. This ch apter citc-tl in Reintsmn v. Standard Oil Co 37 Wyo 471. 2G3 P. Gl9, annotatc'tl unde r § 124-114. •• • Cited in construing § 12-1-112. In re Martini , 38 Wyo. 172 , 2G5 P. 707 . 124-102. Gener.:i l provisions. Compen ation herein provided fo r shall be payable to persons injure<i in extra-hazar dous employments, as herein defi ned or the dependent families of such, as die, as th~ result of such injuries, except in case of injuries due solely to the culpable neg ligence of the injured employes. Sa id compensation shall be payable from funds in the state t reasury to be accumulated and maintained in the manner herein provided. The right of each emplo.ye to compensation from such funds shall be in lieu of and s hall take the place of any and all rights of action against :my employer contributing, as required by law, to such fund in favor of any such person or persons by reason of any such injury or death. Sections 23-129, 89-403 and 89-404, and all laws o-r parts of laws relating to damages for injuries or death from injuries or in anywise in conflict with this chapter are hereby repealed, as to the employments, employers and employes coming within the terms of this chapter. [L. '15, c. 124, § 2; C. S. '20, § 4316, Quoted in Zancanelli v. Central Coal & Coke Co., 25 Wyo, 611, 173 P. 081: and in Ideal Bakery v. Schryver, etc., 43 Wyo.-, 299 P. 284. Cited in La Chappelle v. Union Pacific Coal Co., 29 Wyo. 449, 214 P. 587, nnnotatcd under § 124-101. The word "solely," as used in Const. nrt. 10, § 4, nnd this section, enacted pursuant to authority there given. is a woI'd of exclusion, and may be used to mean "'only'' or .. exclusively,'' nml n.s used must be given a reasonnblc meaning, in v.ew of the known policy of this chapter, Hotelling v. FargoWestern Oil Co., 33 Wyo. 240, 238 P. 542. Pt00! held, insufficient to sustain affirmative defense thnt workman's death wns due solely to his own negligence: fellow workman's negligence immaterial. Id. City employe, injured while imvounding animals, which occuvation was not within compensation law, could not recover compensation, though also employed ns truck driver, which -..•as within Jaw. Leslie v. City of Casper, 42 Wyo. 44, 288 P. 15, 124-103. Provisions exclusive, compulsory and obligatory. The rights and remedies provided in this chapter for an employe on account of an injury shall be exclusive of all other rights and remedies of such employe, his personal or legal representatives or dependent family at common low or otherwise on account of such injury; and the terms, conditions and provisions o.f this chapter for the payment of compensation and the amount thereof for �4 WORd EN'S COMPENSATION ACT WORKMEN'S COMPENSATION ACT injuries sustained or death resulting from such injuries shall be exclusive, compulsory and obligatory upon both employers and employes coming within the provisions hereof. [L. '15, c. 124, § 3; ,c. s. '20, § 4317. 6l~u~w ~~ lsn,~canelli v. Central Con! & Coke Co. , 25 Wyo. Cited in La Chn,ppelle v. Union Paci fi c Con! C0 29 449, 214 P. 587, nnnotate<l under § 124-1 01. ·• wyo. 124-104. Extra-Hazardous .occupations defined. The extra-hazardous occupations to which t his chapter is applicable are as follows : F actories, garages, mills, printing plants and workshops where machinery is used; foundries, blast fu rnaces, mi nes, oil wells, oil refineries, gasoline fillin g stations and bulk oil stations, gas works, na tu ral gas plants, water works, reduction works, brewer ies, elevators, dredges, excavations, transfer companies, gener al teaming, general trucking, ditch rider of irrigation districts, smelters, powder works, laundries opera ted by power, restaurant and bakery kit chens wher e power machinery is used, quarries, engineering works, logging, lumber yards, lumbering and saw mill operations, dude ranching, street and interurban railroads not engaged in interstate commerce, buildings being constructed, repaired, moved or demolished, painting operations, telephone, telegraph, electric light or power plants or lines, steam heating or power plants, railroads not engaged in interstate commerce, bridge building, the occupations of city or town firemen and city or town policemen, and all employments wherein a process requiring the use of •any dangerous explosives or inflammable materials is carried on, which is conducted for the purpose of business trade or gain, each of which employment is hereby determined to be extra-hazardous and in which, from the nature, conditions or means of prosecution of the work therein required risks to the life and limb of the workmen engaged therein are inherent, necessary or substantially unavoidable. This chapter shall not apply in any case where the injury occurred before this chapter takes effect, and to all rights which have accrued by reason of any such injury, prior to the taking effect of this chapter, shall be saved the remedies now e:idsting therefor. [L. '31, c. 94, § 1; amending L. '29, c. 46, § 1; L. '23, c. 60, § 1; L. '21, § 138, § 1; C. S. '20, § 4318. Questions of negligence for injury received in extrn,.hru:nrdous occur,alions staled. Hotelling , •. Fnrgo-Wcstern Oil Co., 33 Wyo. 240, 2~8 P. 542. Plasterer. contracting to move house nnd hiring helper, held, employer engaged in moving buildings. In re Karos, 34 Wyo. 357, 243 P. 593. Cited in Leslie v. City of Casper, 42 Wyo. 44. 288 P. 15, 11nnoto.t.:,d under § 124-102. QuotEd in ld<?lll Bo.kery v. Schryver, etc,, 43 Wyo.--, 299 P. 284. 5 124-105. Exceptions. This chapter shall not be construed to a pply t o bu siness or employments, which, according to I.aw are so engaged in interstate commerce as to be not subject to the legislative power of the sta t e nor to persons injured while they are so engaged, nor to any employe engaged in domestic ::service, r anch, fa rm, ag ricultural, or horticultural labor, or stock raising, or any per son holding an appointment as sheriff, or deputy sheriff, or constable or deputy constable. [L. '23, c. 60, § 2, amending C. S. '20, § 4319. 124-106-7. Definition s. In this chapter unless the context otherwise requires : (a) " Factories" mean any premises wherein power is u sed in manufacturing, making·, altering, adapting, ornamenting, fi nishing, repairing, or r enovating, any article fo r t he purpose of trade or gain, or the business carried on therein , including expressly any brick yar d, mea t packing house, foundry, smelter, ore r eduction works, lime-burning plant, stucco plant , team heating plant, electric lighting or power plant, including all wo,r ks in or directly connected wi th the construction, installation, operation, alterat ion, r emoval or repair of wires, cables, switchboards or apparatus used for the transmission of electric current, and wat er power plant, including tower and standpipes, power plant, blast furnaces, paper mill, printing plant, flour mill, glass factory, cement plant, artificial gas plant, machine or repair shop, oil plant, oil refinery plant and chemical manufacturing plant; (b) "Work shop" means any yard, plant, premises, room or place where power driven machinery is employed and manual labo,r is exercised: by way of trade or gain, or otherwise incidental to the process of making, altering, repairing, print·ing or ornamenting, finishing or adapting for sale or otherwise any article or part of article, over which premises, room or .place the employer of the person working therein has the right of access or control; (c) "Mill" means any plant, premises, room or place where machinery is used, any process of machinery, changing, altering or repairing any article or commodity for· sale or otherwise together with the yards and premises which are a part of the plant including elevators, warehouses and bunkers, saw mill, sash factory or other work in the lumber industry; (d) "Mine" means any opening in the earth for the purpose of extracting iron, oil, coal, or other minerals and all underground workings, slopes, drifts, shafts, galleries, wells and tunnels, and other ways, cuts and openings connected therewith, including those in the course of being opened, sunk or driven, · and includes all the appurtenant struc• tures or machinery at or about the openings of the �) = ~.:=;:::;=-6 WORKMEN'S COMPENSATION ACT mine, and any adjoining adjacent work place where the material fror.i a mine is prepared for use or _shipment; (e) "Quarry" means any place, not a mine, wher e sto~e, _slate, clay, sand, gravel or other solid matenal is dug or otherwise removed from th e eai·th for the purpose of trade or bargain or of the employer's trade or bu siness ; . (f) "Buildi1!g w-01·k" means any work in the erection,. construcbo~,. extension, decoration, alteration, repair or demoht1on of any building or structur al •appurtenances; (g) "Engineering work" means any work in t he construction, alteration, extension, r epair 01· dem~lition _of a r~ilway (as herein"oefore 'defined) br1dg~, Jetty, d1_ke, dam, reservior, under gr ound condmt, sewer, 011 or gas well, oil tank, gas tank, water tank or tower, or any caisson work in ar tificially compressed air, any work in dredging, work on lo.g or lumber rafts or booms; pile driving, m oving buildings, moving safes, or in laying, r epai ring or removing underground pipes and connections; the erection, installing, repairing, or removing of boilers, furnaces, engines and power machinery (in cluding belting and other connections); and any work in grading or excavating where shoring is necessary .or power machinery or blasting powder, dynamite or .other high explosive is in use (excluding mining and quarrying); (g-1) "Dude ranching" for the purpose of this chapter is defined and means a ranch conducted primarily for the accommodation and entertainment of guests for monetary consideration; (h) "Employer" includes any municipality, county, person, or body of persons, corporate or incorporate, and the legal representatives of a deceased employer or the receiver or a trustee of a person, corporation, association or partnership. (i) "Workman" means any person who has entered into the employment of or works under contract of service or apprenticeship with an employer, except a person whose employment is purely casual and not for the purpose of the employer's trade or business, or those engaged in clerical work, and not subject to the hazards of the business, or one holding an official position. The term "workman" shall include "employe" and the term "employe" shall incude "workman" and each shall include the singular and plural of both sexes. Any reference to a workman who has been injured shall where the workman is dead, include a reference to his "dependent family" as hereinafter defined or to his legal representative, or where the workman is a minor or incompetent, to his guardian or next friend. (j) "Dependent families" as used in this chapter means such members of the workman's family --~}Er wholly or in part actually dependent upon I WORKMEN' S COMPE NSATION ACT 7 the workman fo r suppor t at the time of t he injury; if it be shown that the spouse wilful ly deser ted the workman without fau lt on the part of the wo rkman, such spouse will not be regarded as a dependent in any degree. No spouse hall be entitled to t he benefits of this chapter or influence any awa r d made hereunde r unless he or she shall have been married t o the workman by a marriage duly solemnized by a legal ceremony, at the time of the injury. (k) "Child or children" means the immediate offspring or legally adopted child or children of the injured workman, boys under sixteen years of age and girls under eighteen years· of age (and over said age, if physically or mentally incapacitated from ea rning) and shall also include legitimate children of the injured workman born after his death or injury. In other cases, questions of family dependency in whole or in part shall be determined in accordance with the fact, as the case may be, at the time of the injury; the foregoing definition of "dependent families" shall not include any of the per sons na med, who are aliens r esiding beyond the jurisdiction of the United States of America, except a surv ivi ng wi dow, or boys under sixteen (16) years of age or girls under eighteen (18) yea rs of a ge, or parent or parents, and as to such non-resident aliens t he rate of .compensation shall not exceed thil"ty-three and one-t hird per cent ( 33 1/ 3% ) of the rates of compensation herein provided. (1) The words "injuries sust ained ln extrahazardous employment," as used in this chapter shall include death resulting from injury, and injuries to employes, as a result of their employment and while at work in or ahout the premises occupied, used or controlled by the employer, and injuries occurring elsewhere while at work in places where their employer's business requires ·their presence and subjects them to extra-hazardous duties incident to the business, but shall not include injuries of the employe occurring while on his way to assume the duties of his employment or after leaving such duties, the proximate cause of ~hich injury is not the employer's negligence; (m) The words "injury and personal injury" shall not include injury caused by the wilful act of a third person directed against an employe for reasons personal to such employe, or because of his employment; nor a disease, except, as it shall directly result from an injury incurred in the employment; (n) "'Invalid" means one who is physically or mentally incapacitated from earning wages. [L. '15, c. 124, §6; C. S. '20, §4321, as amended; S. L. '33, c. 129, §1. Whether emp!oye's work is cnsual or for pul"l)oae of em- ployer's trade or business. within this section, defining work- �=-==-== ·· 9~==i.W-vOO~lr:KMEN'S COMPENSATION ACT m an , depends on facts of individual ca se. In re Karos, 34 Wyo. 357, 243 P. 5ns. House mover's employc, drh·ing tractor. held , work man, within compensation Jaw, thoug h cm.ploymcnt was casua l. Id. Subdivision (1) held, to include injuries suffered t h roug h the performance of all duties of the employmen t, whethe r main or incidental thereto but ca lled !or by it. Ideal Ilakery v. Schryver, etc., 43 \ Vyo.- , 2U9 P. 284. Cited In re Martini, 38 W yo. 1 i2, 265 P. 'i07, annotated under § 124-11 2. 124-108. Guardian may act for persons under disability. In case an injured workman is mentally incompetent or a minor, or where death result s fr om the injury, in case any of his dependents, as herein defined be menta lly incompetent or a minor, at the time when any right, or privilege accrues to him under this chapter, his g uardian may, in his behalf , .claim and exercise such right or privileg e a nd no limitation of time, in this chapter provided for, shall run, so long as such incompetent or minor has no guardian. [L. '15, c. 124 § 7; C. S. '20, § 4322. 124-109. If other than employer is liable. Where .an employe coming under the provisions of this chapter receives an injury under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof, and no legal liability attaches to the employer, then and in such case such employe shall be left to his remedy at law against such other person, and• compe.nsation shall not be payable under this chapter. [L. '15, c. 124, § 8; C. S. '20, § 4323. 124-110. This chapter governs as to liability of employer. No contract, rule, regulation or device whatsoever shall operate to relieve the employer, in whole or in part, from any liability created by this chapter except as herein provided. [ L. '15, c. 124, § 9; C. S. '20, § 4324. Whether stipulation for reopening cnse on certain conditions after final judgment allowing com.pensation to injured empl?ye ie void, under this section. is immnterinl in determ1n~ng .whether court hnd jurisdiction to reopen judgment, wh1~h adopted the confirmed statements in stipulation at least m part. Midwest Refining Co. v. George, 41 Wyo. 55, 281 P. 1005. 124-111. Blank forms supplied by state treasurer. It shall be the duty of the state treasurer to prepare, .cause to be printed and supplied free for use in the administration of this chapter such blank forms as may be needed in the administration thereof, and the forms provided by the state treasurer shall be used as near as may be in all procedure under this chapter; and it shall be the duty of the state treasurer to provide himself with such other books, records, or forms as may be deemed necessary to expedite the transaction of business under the provisions of this chapter. The state treasurer shall also prepare and cause to be printed, for the information of employes and workmen, such WORKMEN'S COMPENSATION ACT 9 helpful instructions as will assist injured workmen in correctly maki ng .claim fo r compe11 sation. [L. '23, c. 60, § 5 a mending L. '21, c. 138, § 4; C. S. '20, § 4325. 124-112. Reports of accident. Whenever a n accident occurs, cau ing· inju ry to any workman engaged in any of the extra-hazardous employments defined by thi s chapter, it shall be the duty of the employer and t he injured employe, or someone on his behalf, or in behalf of the injured employe·s dependents, if he be killed or dies from the inju ry, within 20 days thereafter to make a report of such accident and the apparent injury resulting therefrom and to f ile said report in the office of th e clerk of the district court of the county wherein such accident occu rred which repo1t shall state : (1) The name of the injured workman and the time, cause and nature of the accident and iJ1jury ; also whether the injury has disabled the worlanan from continui ng the p erformance of his duties ; (2) Whether t he accident occurred while the workman was enga ged in the duties of his employment, and grew out of the employment; (3) The nature of the employment an d the duties and how long the workman has been engaged in the service of such employer; (4) Whether the accident was or was not due s olely to the culpable negligence of the injured employe and if so, a statement of the facts; ( 5) Whether the injured workman is married or single; whether he has a dependent family, and if so, the names of the persons .comprising such dependent family and their place of residence; (6) Whether the injured workman intends to claim compensation under this chapter. Said employer's report of accident may be made upon a printed form prepared by the state treasurer for such purposes, and shall be verified as ple.a dings in civil actions. Wilful failure or neglect, on the part of any employer whose business or occupation is one enumerated and defined herein as being extra-hazardous, to report accidents causing injury to any of his employes, shall be a misdemeanor and upon conviction such employer shall be punished by a fine of not exceeding five hundred dollars ( $500.00). The injured employe's report of accident may be made upon a printed form prepared by the state treasurer for that purpose. No order or award for compensation shall be made unless, in addition to the reports of accident, an application or claim for award is filed by- the injured workman, or someone on his behalf, or in case of the death of the injured workman, by his dependents or some one in their �l ORKMEN'S COMPENSATION ACT with the clerk of the district court in the county wherein such accident accurred, within five months after the day on ·which the injury occurred; provided, however, if the employe's report of accident, is filed within the prescribed pe1iod for filing an employe's report of accident, the period of limitation for the filing of such claim shall be nine months. 1-,either the reports of accidents nor anything therein contained shall constitute a claim for compensation. The employe's claim for compensation may be amended at any time before an original order of award has been made in order that the workman may correctly set out the nature of his injury. [C. S. '20, § 4326, as amended by L. '27, c. 111, § 1; L. '29, c. Gl, § 1. Cited in Hotelling Y. Farg o-Weste rn Oil Co., 33 \Vyo. 24~, 238 P. 542, anr. ~tulcd unde r ~ 12~-1 01. Report filed by cmp!o ye r. con ccrnini,! uccidcnt nn<l inju ry suffered Uiereby, is ordinarily mlmiss iUlc in e vidence. Idea l Bukcry v. Sch,·y,·cr. cte. ~3 W yo, - -, 200 P. 284. , Limitation o-f time for a1,nlicntion for compemmt:on by i njured em11loyc, held, a11pli cab1 c to inju1·icli result.in.g in death.. In re Martini. 38 Wyo. lH. 266 P. i07. Limitation for filing claim by injured cmployc, held, np p licnblc to cluim by su1•v; vini,: parents. ltl. That em}lloyc•s s urviving- 1iarcnts ,vc rc in Itnly, held, no e.-xcuse for not fitins~ claim io1· <':ompensation in time. Id. Lack of knowlet.l~c :is to limitation fo r filing claim f or C':Om pensation, hclt.1, no e......:cusc Io1· failure lo file cl uim wilhin p rescribed time. Id. 124-113. Investigation by the district judge-Procedure in disputed cases. Whenever an injury or death resulting from injury is reported to the clerk of the district court of the county wherein such injury .occurred, in accordance with the preceding section,. it shall be the duty of said clerk to at •once notify the judge of said court, that such injury report has been filed in his ·o ffice. It shall thereupon be the duty of said judge to investigate the nature of said injury and claim for compensation at the earliest possible date, in such a manner as he may deem necessary to ascertain wheth~r t?e claim for compensation or the amount therof, 1s d1s.puted by the employer, and if there be no dispu_te, as to the right of the injured workman to receive compensation, or as to the amount thereof, and the claim appear to be free from collusion, said -judge shall thereupon make an order directing payment for such compensation from the state industrial accident fund in accordance with the facts by him ascertained and the terms of this chapter. If the judge finds it necessary to refer the matter to a referee for investigation, he shall make an order in the case to that end, and upon the approval of the referee's report by the court a fee may be allowed to the referee not to exceed in any one case such sum as the judge may fix to be taxed .and paid as costs. Where a reference is made, and the evidence has been taken, and reported to the court, upon the consent of the parties, the court may consider the same and render judgment in vacation in I l •j WORKMEN 'S COMPENSATIO ACT 11 any county of the state, allowing t he part ies to make oral argu ment, or f ile written briefs, subject to such rules of t he court as in other civi l ca ses. If there be a dispute, a s to the righ t of said injured employe or hi s dependent fam ily t o kceiYe .compen sation, or a s to the amou nt there.of, the n it shall be the duty of said judge to s t t he case down for a hearing at the earli est possible date and to di r ect notice of such hea ring to be i sued by the clerk of said court for service upon the employer and t he employe at least seven (7) days before the date fixed for said hearing, which said notice shall be served by the sheriff of said county without expense to either pa rty, except that his actual tra,•eling expenses shall be a llowed and taxed, as ,costs. The hearing shall be conducted upon the statement and report f iled by t he employer, and such formal claims as may be presented and fi led ,vith the clerk of the district court by or on behalf of t he inju red wor kman. If the em ployer , in his report of the in ju ry, alleges that the inju ry was due solely to the culpa ble negligence of the in jur ed mploye, or that t he claim for compen sation is one not coming within the provisions of t hi chapter, then a jury may be demanded by either party and t he cause shall be t ried, a a court proceeding. If a jury is demanded , it may be selected from names cir.a wn from t he fi ve mile limi t jury box, a s in civil cases, at any time 1n t erm ti me or vacation unless a r egular j ury panel be in attendance at the court on the date a ny such hearin g may occur. The taking of evidence shall be a summary, giving a full opportunity to all parties to develop the facts fully. , The official .court reporter of the district court shall attend the hearing and make a stenographic report of the evidence without cost to either party. The court or judge shall direct the county and prosecuting attorney, or other competent attorney appointed by the court to conduct the examination of witnesses on behalf of the injured workman, and it shall be the duty of said attorney to appear and perform such service without expense to either party. The employer may appear in person or by counsel and introduce evidence at the same hearing. No costs shall be taxed• by the clerk except fees for witnesses, who may be subpoenaed and who shall be allowed the same fees, for attendance and mileage, as is fixed by law in civil actions, and jury costs shall be taxed to and paid from the accident fund, if the verdict and judgment be in favor of the employer; but if against the employer then he shall pay the costs. The injured workman, or his dependents, may have two witnesses, as of course at the expense of the fund; said injured workman, or his dependents, shall also be entitled to two more witnesses, in addition to the above, to be allowed by the court or the judge thereof, on making and filing with the clerk of the court an affidavit setting forth the necessity therefor. And the injured workman, or h~s �COivlPENSATION ACT dependents, shall be entitled to more witnesses, a t the expense of the fund, to be allowed by the court or the judge thereof, when there is filed with the clerk of the court, addressed to the court, an affidavit stating what other witnesses a re required, together with the facts expected to be proved by them, and should the court deem the exp ected evidence material, then the court sha ll make an order authorizing the i~suing of such subpoenas for witnesses as the court may deem necessary. This provision shall apply a s well in the taking of depositions as in trials to the court. At the conclusion of the hea ring, the court shall enter an order pu rsuant to the verdict of the jury, if a jury be ca lled, and if no jury be called, the court or judge sha ll render a decision upon the facts and law of the case pursuant to the provisions of this .chapter, and make an order allowing or disallowing compensation , as the law and the evidence may warrant. In a ny proceeding before a court or judge, as aforesaid, the court or judge sha ll have authority to app oint a duly qualified impartial physician to examine t he injured ernploye a nd giYe testimony. The fee fol' such service shall be five dollars ($5.00), unless otherwise ordered o y the court, with mileage allowance, as is allowed to other ,vitnesses, which shall be taxed as costs, and paid as other witness f ees are paid. The employer or employe may, a t his own expense, also appoint a qualified physician, who may attend and be present at any such exa mina tion of an injured ernploye and give testimony at such hearing or investigation. [L. '15, c. 124, § 12; C. S. '20, § 4327, S. L. '33, c. 129, § 2. This section docs not deny the right of an employe to be represented by counsel, in view oi § 12•1•128, relating to i ecs of attorneys. Zancanclli v. Central Coal & Coke Co., 25 Wyo. 511, 173 P. 981. Court in compe nsation 111"0Cecdin~ _held, nuthorizcd _to secure expert t estimony on effect of 1nJury, though bearing , ,0;1 ultim ate fact. Sakamoto v. Kemmerer Coa l Co., 36 Y..' yo. 3lo, 255 P. 356. Refu sal to take compensation case from ju ry a£tcr employer ad.m itl<.'"<.l there w as no evidence of wo1·km nn's c~p.1blo negligence, held, not error. In re Hibler, 37 ,vyo. 33-, 261 P. 648. . Hcar•my testimony of decca.sed employe's ~vi~e, concerning employc"s statemcnt!:i relatin R" to injury, ndm1ss1ble where ~o object.on was made at trial . Ideal Bakery v, Schryver , 43 ,v> o. - - , 299 P. 284. Ciled in La Chappelle v. Union P a cific Goa.I Co., 29 \\' yo. 449 , 214 P. 587 , nnnot utc-cl under § 124-101. Cited in Midwest Refin in g Co. v George, 41 Wyo. 55, 281 P. 1005, a nnot ated under § 124-1,10. Midwest Refining Co. v, George, 44 Wyo. 25. 124-11 &. Appeal to supreme court. Any order given and made in any investigation or hearing ~y a court or judge, pursuant to the provisions of this chapter, shall be reviewable by the state supreme court on proceedings in error in the manner prescribed by the code of civil pro.c edure; provided, however, that the petition in error, bill of exceptions and record on appeal must be filed in the supreme court within seventy (70) days from the date of ~ WORKMEN'S COMPENSATIO N ACT 13 decision or • order on motion fo r new tr ial by a court or judge, unless the time be extended by order of court or j udge ; and fi f teen (15) days shall be allowed plantiff in error t hereaf ter for filing brief, and fifteen (16) days thereafter shall be allowed defenda nt in er ror for filing brief, and said appeal shall be a dva nced on the calendar and disposed of as promptly a s p ossible. In case an appeal to the supreme court is prosecuted on behalf of the in. jured workman, the county and prosecuting attorney, or other attorney representing said wor kman, shall order a t ranscript of the r ecord of the hearing and proceeding· to be prepared by the official court r eporter of the dishict wherein said injury occurred and duly certified without cost to said injured workman, and said county and prosecuting attorney or other attorney shall order the papers on file in the office of the clerk of the district court to be by said clerk prepared, t ran scripted, certified and forwa rded t o the clerk of the supreme court, without cost to t he injured workman, an d t he proceedin gs in the supreme comt , shall be conducted on behalf of t he injur ed workman by t he attorney general of t he state a s part of his officia l duties, and by any ot her attorney representing said workman. In ,case an appeal be prosecuted on behalf of t he employer, t he record of the proceedings a t the original hearing shall be supplied ,vithout cost to such employer, but such employer may employ counsel to conduct such appeal on his behalf. The court granting an appeal to an employer from an order of award sha ll stay, until the appeal is finally determined, the payment of said award or that portion thereof appealed from upon such terms as may to the court seem just and proper. [L. '31, c. 73, § 59, amending L. '25, c. 124, § 2; C. S. '20, § 4328. Law permitting retention of fees by re.Porter for transcripts held, not to repeal law requiring tra nscripts in compensation cnses to be furni shed without cost to parties. In re ,Vinborne, 34 Wyo. 349, 244 P . 135. Cost of transcript, in appenl under this chapter, not contingent expense payable out of industrial nccident fund, nor from interest earned by Enid fund. Judgment on substantial evidence in compensation cnse i• conclusive. McMnhon v. Midwest Refining Co., 36 Wyo. 90, 252 P. 1027. Where petition in error nnd record in compensation cnso were not filed within time limited, the supreme court wns without jurisdiction. Reitsma v. Standard Oil Co.. 37 Wyo. 471, 263 P. 619. Motion for new trial, under this section, must be filed within 10 days from finnl order, nnd, where not so filed, er~or proceedings must be dismissed where motion for a new trinl was necessnry. Standard Oil Co. v. Buchnnnn, 39 Wyo. 372, 271 P. 876. Procedure on o;ppenl in ordinnry civil ca.scs npplies to cnses under compensation act, except as otherwise provided. Id. Assignment of error in motion for new trinl not urged In brief is waived. Ideal Bakery v. Schryver, 43 Wyo. - - , 299 P. 284. Unless an appeal from nn order, in proceedings under . th_is chapter, is perfected by fil_ing record. in supreme court w1thm 30 days thereafter ns required by thw section, or as extended �ORK.ME N'S COMPE NSATION ACT WORKMEN'S COMPENSATION ACT by order of cou rt or j udge, the supre me cou rt bas no j uris ... diction of the case on appeal. In re l{rivokapich, 41 \ Vyo. meet the demands Upon it, in which case the treasurer shall transfer from t he "reserve fun d" to the "general f und" a sufficient amount to meet the immediate demands upon sai d "general fund." The purpose of creating said "reser ve f und" is to provide a fund within the indust rial accident fund sufficiently large to pay great a nd unusual demands upon t he indu trial accident fund which might be caused by a la rge disaster or by several such disasters occurring within a short time, and the "reserve fund" shall be kept apart fr om t he "general f und," and a s near as may be unused in accorda nce with said purpose. The state treasurer shall set aside in the "reserve fu nd" at t he end of each month twenty-five per cent (25% ) of a ll moneys received in the industrial accident f und during said mont h in excess of the amount expended, the balance of moneys so r eceived to be used in t he "general fund." 'fhre e-fo urths of the "reserve f und" shall be as near as may be kept invested in Uni ted States government bonds, state, county, school district or municipal bonds. All moneys r eceived by the state treasurer under the provisions of this chapter hall become a part of the indu strial accident fund . All f ees or mileage of witnesses, jurors and physicians adj udged to be pa id from the accident fund in any court proceeding under this chapter, and all contingent expen ses incuned in preparing fo r and in the administration of this chapter shall be paid from the industrial accident fund on proper vouchers and warrants. [L. '31, c. 73, § 60, amending L. '21, ~- 65, § 1; C. S. '20 , § 4330. 9, 281 P. 195. Failure. of parlies aJ>pcalini:: :Crom ~wa rd of compc:nsa t ion pi-oceedi ngs to fil e record wit hin st ntuto ry p eriod r equired dismissal. Id . Cnse dismissed for failu re to 11crfcct appeal in time. Marsh v. Alioe, 43 Wyo. - - . Proceedings held, r eviewa ble by direct nppenl except where altered, in view of t.his section . Marsh v. A lj oc, 41 ,vyo. 119, 282 P. 1055. District court held, a u thorized to m ake second extension order for perfecting appea l lo s upreme court. Id. Right of compensation claimant to atto rney gener a l' s services must yield to st-ate treasurer's rig ht thereto, when he ~ titians to reopen cusc. l d . Supreme court has no j urisdiction o! appeal in com pe nsal.ion proceedings taken a f ter c.x1Jiralion o f s tntutory pcr;ocl, therefore without order extending time. In re Contas, 42 Wyo. 59, 269 P . 368. Gencal terms of com11ensation law, fi xi n g time !or fili ng record on uppcal, we re applicable to filing record in com pensation cn.scs unde r subsequently created appellate J>rocedurc. In re Contas, 42 Wyo. 94, 291 P. ~14 . To entitle r ecord on appeal to be fil ed with in stat u tory period, docket fees must be paid to clerk within time ul• lowed. Id. Appella nt has du ty of seeing that his record on a11pc.:1l io forwarded to supreme court as required by law. Id. 124-115. Court order recorded-Copies to auditor and treasurer. Every order given and made by a district court or judge awarding payment from the industrial accident fund to an injured employe or his dependent family, shall be entered of record by the clerk of the· court where given and true copies thereof shall be immediately made and certified by said clerk and forwarded to the state auditor and state treasurer, respectively, of Wyoming, and shall be by each of said officers entered upon a record to be known as the .compensation docket, and shall be the authority and direc- tion of the state .auditor to issue warrants for compensation awards against the industiial accident fund and for the state treasurer to pay such compensation awards from said fund. [L. '15, c. 124, § 14; C. S. '20, § 4329. Cited in La Chap11elle v. Union Pacific Coal Co., 29 Wyo. 449, 214 P. 687, annotated unde r § 124-101. 124-116. Industrial accident fund - Appropriation. There is hereby created a fund to be lrnown as the "industrial accident fund," which shall be held by the state treasurer and by him deposited in such banks as are authorized to receive deposits of the funds of the state. The treasurer in making said deposits shall divide the said industrial accident fund into two distinct funds, one to be known as the "general fund" and the other to be knov.rr1 as the "reserve fund." The "general fund" as near as may be, shall be used for payment of all awards, claims and items of expense chargeable against the industrial accident fund, and the "reserve fund" shall not be used for any of said payments unless the "general fund" at the time is insufficient to 15 Contingent expenses'' pnynble out of industria l a ccident func.l, refers only to ex,p,cnses in admi nistration of state dc-partments, does not include cost of transcr ipt in appea l u nder this chapter. In re Winborne, 34 Wyo. 349, 244 P. 135. 0 124-117. Every employer engaged in any of the occupations herein defined as extra-hazardous, is hereby . required to pay into the state treasury for the benefit of the industrial accident fund a sum of money equal to one and one-half per cent (1 ½.% ) of the money earned by each of his employes engaged in such extra-hazardous employment during each calendar month of such employment. Such payment shall be so made on or before the 15th day of the month following the month for which such payments are computed and paid. Each employer shall continue to . make monthly contributions as above provided unless his account, after making the hereinafter specified deductions therefrom, shall equal full two per cent (2%) of his annual payroll computed by multiplying his current month's payroll' of workmen engaged in extra-hazardous employment by twelve and shall likewise be not less than three thousand dollars ($3,000.00) provided, however, that any employer whose account is overdrawn shall be required to pay monthly a sum of �WORKMEN'S COlVIPE NSATION ACT COMPENSATION ACT money (including the payments as above specified) equal to four per ,eent ( 4% ) of the money earned by each of his employes engaged in such extrahazardous employment during each calendar month of such employment until such overdraft shall be paid. Such employer shall not be compelled to contribute when his contlibutions in the fund, after making deductions as aforesaid, shall equal two per cent (2%) of his annual payroll, and shall likewise be not less than three thousand dollars ($3,000.00). In addition to the other payments reqµired by this section to be paid into the industrial ac.cident fund, every employer engaged in any of the occupations herein defined as extra-hazardous shall make a payment to be known as a "service and policing charge." Such service and policing charge shall be paid by the employer into the state treasury for the benefit of the industrial accident fund and shall not be credited to the balance of the employer contributing. The amount of balance in the industrial accident fund to the employer's credit shall not relieve him of his duty and liability to pay the s·e rvice and policing charge; provided, however, that no employer who pays for any calendar month four per cent. of the moneys earned by each of his employes engaged in such extra-hazardous employment during such calendar month shall be .compelled to pay a service and policing charge for such month. The service and policing charge shall be computed on the monthly premium paid by the individual employer into the state treasury for the benefit of the industrial accident fund during each calendar month 1 or on the premium whkh the employer would have been required to pay had not the amount of the employer's balance relieved him from the payment of a premium. The amount of the service and policing charge shall be determined according to the following schedule: Service and Policing Charge Where the monthly payment for month. is less than 10.00 ______ - - - - - - $ 1.10 10.01 to 20.00___________ 2.20 20.01 to 30.00___________ 3.30 30.01 to 40.00 _ _ _ 4.40 40.01 to 50.00 ___ 5.50 60.01 to 60.00___________ 6.60 60.01 to 70.00____ 7.70 70.01 to 80.00___________ 8.80 80.01 to 90.00___________ 9.00 90.01 to 100.00___________ 9.50 100.01 to 150.00____ 13.50 150.01 to 200.00___________ 18.00 200.01 to 300.00======== 24.00 300.01 to 400.00 30.00 ~ 400.01 to 500.00____ 35.00 500.01 to 750.00____ 48.75 Over 17 750.01 t o 1,000.00 ___________ G0.00 1,000.01 to 1,500.00 ___________ 82.50 1,600.01 t o 2,000.00 ___ ______ __ 100.00 2,000.01 to 3,000.00 ___________ 120.00 3,000.01 to 4,000.00 ___________ 140.00 4,000.01 to 5,000.00 ______ _____ 150.00 5,000.00 ______________ ____ ___ 175.00 Provided, however, in that the expense of the administration of t his chapter and of making the colle.ctions herein fixed , is greater as t o non-resident empl oyers engaged in ext ra-hazardous occupations, tha n such expense obtains t o such employers bona fid e domiciled within t he state of Wyoming, the service and policing charge, upon t he mont hly premium paid by non-r esident employer s, engaged in extra-hazardous occupations, sha ll be double the fore going schedule, as the same applies to resident employers engaged in ext ra-hazardous occupation . " Non-resident" employers of e:irt ra-hazardous occupations shall give bond or other securit y in the s um of five hundred dollars ($500.00 ), t o be approved by t he st at e treasure r or his deputies, before starting the work. The contract of said bond or other security shall be condi tioned t hat the said employer will fai thfully perfo nn all t he duties imposed by thi s act upon employers engaged in extrahazaroous occupations and promptl y pay i nto the state treasury, at the time a nd in the manner set forth in section 12 4-117 of the Revised Statutes ·of Wyoming, 1931, and all acts amendatory or i n aid thereof , the sums of money required to be p aid by employers in extra-hazardous occupations. And to this end, "non-resident" employer~ ~ng,3ged in extra-hazardous occupations are hereby required, before starting •work, and from time to time after such work has been started, to report to the state treasurer the nature and progress of such work, the location of the same and the number of employes engaged in and upon the work and likely to be so engaged for the next thirty (30) days giving such further and detailed information as the state treasurer may reasonably demand. The ,villful failure or negligence on the part of any "non-resident" employer of extra-hazardous occupations to give said security, to make the reports, and/ or to furnish the information required by this section, shall be a misdemeanor, and upon conviction, such employer shall be punisher! by a fine of not less than five hundred dollars ($500.00) or more than five thousand dollars ($5,000.00), recoverable with costs in any court of competent jurisdiction. Provided, however, that "non-resident" employers of extra-hazardous occupations shall not be required to give bond or other security for any payment or payments required of them for the "service and policing charge" required by this section. And the requirements of this section that "non-resident" employers of extra-hazardous occupations shall give �19 ORIG\'1EN'S COMPENSATION ACT WORKME N'S COMPENSATlO T ACT bond or other security, shall not apply to "service and policing charges" herein provided. of persons in his empl oy, o r shall refu e to make the monthly pre mium pay ments a s provided by the terms of this chapter whe_n they be.come due, and against whom an award is made to any injured workman in his employ, shall be personally liable to the state of Wyoming, for the use and benefit of the industrial accident fund, to be recovered by ·suit brought by the state on the relation of the state treasurer, in a sum equal to such award or awards as are enter ed for payment from the workmen's compensation fu nd of the state of Wyoming. The entry of final order by the judge of a district court having jurisdiction of such cause approving and allowing an award of compensation shall be prima facie proof of t he liability of an employer so failing to ,compl y with this provision of this chapter; provided, t hat non- resident employers, upon engaging in any extra-hazardous occupation as defined in this chapter, and haYing in thei r employ workmen performing such e}..1;ra-ha zru:dous work, shall be deemed from the date of the commencement of such work, to have designated t he secretary of state of the state of W yoming their agent for service of any proces - upon them in an y action prosecuted hereinunder; and f urt her, provided, that the secretary of state, upon the receipt of any process shall send the same by register ed mail to the address of the addressee only, and shall r equest that a return receipt for same be furnished. 'l'he provisions of this section shall not modify any other provisions of this chapter, but •shall be deemed to be in addition thereto. The term "non-resident" employers of extrahazardous occupations, in this connection, sha ll be construed a;, an employer of labor engaged in extrahazardous occupation s, who for the previous twelve months has no t been a continuous contributor to the compensation fund as in this chapter provided, and who has not been a bona fide domiciled in, ur a resident of the state of \>\7yoming continuously for the preceding twelve month s next prior to engaging in the business of an "emplo~•er of labor in extra-hazardous oecupation." When an y such employer, shall contribute to said fund as require,! by this chapter, for twelYe censecutive months immediately prior to the .commencement within this state of the occupation, the requirement to pay double the service and police charge shall cease. ·For the purpose of encouraging care on the part of the employers and thus decreasing accidents to employ_es, and to the end that each employer shall compensate all injuries to the workmen of such employer and not those of other employers, the state treasurer shall keep a separate account for each employer so conti·ibuting to said fund and shall charge against the account of each employer all warrants paid from the industrial accident fund: (a) As awards for injuries to employes of such employer; (b) In payment of medical and surgical supplies and medical or hospital attendance of an employe of such employer; (c) In payment for investigations of accid·e nts of such employer, or in payment of investigations of injuries to his employes; (d) In payment of witness fees in cases wherein an order of award is granted to the employe of such employer. [L, '27, c. 111 § 2; L. '25, c. 124, § 3; L. '23, c. 60, § 7; C. S. '20, § 4331; S. L. 33, c. 129, § 3. Cited In re Winborne, 31 Wyo. 3•19,' 2,1.1 P. 135, annotated under ~ 12•1-114. 124-118. Filing of payrolls with state treasurer. It shall be the duty of each employer to forward to the state treasurer, ·on a blank form provided hy said state treasurer, a true copy of his payroll of persons in his employ engaged in extra-hazardous employment luring the current calendar month, sworn to either by himself or the person having knowledge of said payrolls. Each employer, unless othenvise supplied with the last above blank forms, shall seasonably apply to said state treasurer for the same; and any employer who shall fail, neglect or refuse to furnish such true copy of his payroll It shall further be the duty of each employer heretofore mentioned to notify the state treasurer fa the event that he has ceased to employ workmen in occupations of an extra-hazardous nature as ·d efined by this chapter. Any failul'e of any sueh employer to file ,vith said state treasurer a copy of his payroll as herein provided, shall be a misdemeanor, and any wilfully false statement in any affida-vit made as herein provided shall likev.ise constitute a misdemeanor, and any misdemeanor committed in violation of this section shall be punishable by a fine of not more than five hundred dollars ($500.00). [L. '29, c. 119, § 1, amending L. '27, C. 111, § 3; L. '23, c. 60, § 8; C. s. '20, § 4.332 124-11!). Inspectors-Failure to pay assessment -Pe:-ialty. The state treasurer is authorized and empowered, for the purpose of enfor.cing the provisions of this chapter, to appoint two inspectors, the salaries and actual and necessary traveling expenses of such inspectors to be paid out of the industrial accident fund. In case any employer engaged in any extra-hazardous business or industry, as defined by this chapter, shall fail or refuse to pay the assessment upon his current monthly �21 WORKl\1EN'S MOMPENSATION ACT WORKME N'S COMPE1 SATION ACT payroll, as is required by this chapter, he shall be guilty of a raisdemeanor and shall be punished by a fine of not more than five hundred dollars ($500.00), and in addition to the said fine it shall be the duty of the attorney general of this state to immediately bring suit in the name of the state for the benefit · of the industrial accident fund against such employer, for the collection of such assessment, and if a judgment for the recovery of said assessment be given in favor of the state for the use and benefit of the industrial accident fund, said judgment shall be for double the amount of the payroll as3essment provided in § 124-117, together with costs. [L. '27, c. 111, § 4, amending L. '23, c. 60, § 9, C. S. '20, § 4333. The loss of a t hird or di st a l phalange of the thumb shall be considered t o be equa l to the loss of one-half of such thumb; the l oss of t he mor e than one-half of such thu mb sha ll be considered to be equal to the loss of t he whole t humb. 124-120. Compensation schedule. Each employe, who shall be fojured in any of the extra-hazardous employments as herein defined, or the dependent family of any such injured work.men, who may die as the result of such injuries, except in case of injuries due solely to the culpable negligence of such injured employe, shall receive out of the industrial accident fund, compensation in accordance with the following schedule, and such payment shall be in lieu of and take the place of any and all rights of action against any employer contributing, as required by this chapter, to the industrial a.c cident fund in favor of any person or persons by reason of any such injuries or death. (a) "Permanent partial disability" means the loss of either one foot, one leg, one hand, one arm, one eye, or the sight of one eye, one or more fingers, one or more toes, and dislocation where the ligaments are severed, or any other injury known to surgery to be permanent partial disability. For any permanent partial disability hereinafter specifically described, resulting from an injury, the workman shall receive a lump sum as follows: For the loss of a thumb__ - - - - $ 337.50 For the loss of a first finger _______ _ 300.00 For the loss of a second finger _______ _ 225.00 For the loss of a third finger_ ______ _ 225.00 For the loss of a fourth finger ______ _ 225.00 For the loss of a palm (metacarpal bone) ---------------------------- 90~00 For the loss of a hand ___,_ _ _ _ _ 1,500.00 For the loss of an arm at or below elbow ---------------------------- 1,800.00 For the loss of an arm above elbow___ 2,000.00 For anky-losis (total stiffness of) or contractures (due to scars or injuries) which make the fingers more than useless, the same amounts apply to such finger or fingers (not thumb) as given above. The loss of a third or di stal phalange of any finger shall be con idered to be equal to the loss of two-thirds of such finger. The loss of more than the middle and distal phalanges of any finger shall be considered to be equal to the loss of the whole finger; provided, however, that in no case shall t he amo unt received for more than one fing er exceed the amount in this sch dule for the loss of a hand. For the loss of a great toe __________ __ $200.00 For the loss of one of t he toes other than great toe_________________ 150.00 The loss of more than two-thirds of any toe shall be considered equal to t he los of the whole toe. The loss of less than two-t hird of an y toe hall be considered equal to the loss of one-ha lf of the toe, For the loss of a fo oL--------------$1,200.00 For the loss of a leg below the h."nee __ 1,500.00 For the loss of a leg above the knee __ 1,800.00 For the loss of an eye or the sight thereof ____ ____________________ ___ 1,800.00 For any other injury lmown to surgery to be p~rmanent partial disability, the workman shall receive a sum in the amount proportional to the extent of such permanent partial disa-oility based' as near as may be upon the foregoing schedule in every case of permanent partial disability the amount allowed for the injury shall be paid in monthly installmen~s at the rate of fifty dollars ($50.00) per month 1f the workman be unmarried at the time of the injury, and at the rate of sixty doll~s ($60.00) P:r month if the workman has a wife with whom he 1s living and in good faith contributing to her support at the time of the injury; provided, however, that the court making such award shall retain jurisdiction of the same until said award shall have been fully paid, with power to modify or change t~e amount of the award to conform to any change m the condition of the injured workman, and shall have power at any time during said period, upon application and hearing, ,vith notice to the employer, and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the injured workman as a lump sum. (b) "Permanent total disability" means the loss of both legs or both arms, total loss of eyesight, paralysis or other conditions permanently incapacitating the workman from performing any work at any gainful occupation. Where there has been a �22 WORKMEN'S COMPENSATION ACT WORKMEN'S COMPENSATION ACT previous disability or injury, a s the 1-oss of one eye, or the sight thereof, one hand, one foot, or any other previous permanent disability or injury, the percentage of disability for a subsequent injury shall be determined by deducting therefrom the perce~tage of the ~reYiou s disability or injury, as 1t existed at the t11ne of the subsequent injury. yi'~en permanent total disability results from the lilJury the workman shall receive the sum of fo ur thousand dollars ($4,000.00), but in every such case the amou?t allowed for the injury shall be paid in monthly mstallments at the rate of fifty dollars ($50.00) per month if the workman be unmarried a t the time ·of the injury, and at the rate of sixty dollars ($60.00) per month if the workman has a wife with whom he is living and in good faith contributing to her support at the time of the injury; provided, howeYer, that the ,court making such award shall retain jurisdiction of the same until said awards shall have been fully paid, with power to modify or change the amount of the award t o conform to any change in the condition of the injured workman, and shall have power at any time during said period, upon application and hearing, with notice to the employer, and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the Injured wo1·kman as a lump sum; provided, that if the workman shall die leaving an unpaid balance of the award, then such unpaid balance shall be 1·eturned to the industrial accident fund and be credited to the employer's balance. If the workman .suffering such permanent total disability have a boy or boys under sixteen (16) years of age, or girl or girls under eighteen (18) years of age, the guardian of such child or children, appointed as hereinafter provided, shall receive for the use ant:l benefit of said child or children, a lump sum o! one hundred and twenty dollars ($120.00) per year for each boy under sixteen (16) years until the time when each of said boys shall become sb..-teen (16) years of age, and a lump sum of one hundred ,md twenty dollars ($120.00) per year for each girl under eighteen (18) years of age until the time when each of said girls shall become eighteen (18) years of age; provided, that the aggregate lump sum paid to said guardian shall in no case exceed four thousand dollars (!;i°4,000.00), and any and all awards made on account of any such child or children, shall be disbursed under a proper guardianship to be created by the court or judge making such award. medical or surgical treatment and be able t o resume work; provided, however , that when such injury does result in either permanent total or partial disability, then and in that ca e, "temporary total disabili ty" hall be limited to the time when the "healin g process" has taken place. In such case, if t he workman be unma rried at the time of the injury, he sha ll r eceive the sum of fifty dollars ($50.00) per month, so long as the total disability shall continue. If he have a wife with whom he is living and in good faith .contributing to her upport at the time of the injury, he shall receive sh.'i;y dollars ($60.00) per month, and if he have a boy or boys under sixteen (16) years of age, or a gi.J:l or girls under eighteen (18) years of age, and in good faith supporting, or both, he shall receive for each s o supported, seven and one-half dollars ($7.50) per month, but the total monthly payment shall no t exceed ninety dollar s ($90.00) per month. No compensation, except the expense of medical attention, s hall be allowed fo r the first seven (7 ) days of disability, unless the incapacity extends beyond the period of twenty-one (21 ) days, in which case the compensation sha ll run from the time of the injury. As soon as recovery is so complete that t he earn.ing power of the workman at any kind of work is restor ed, the payments shall .cease, but in no case shall the t otal payments made in such cases exceed in the a ggregat e the lump sum amount herein specified to be paid an injured workman for injuries causin g permanent total disability. When the workman has non-resident alien children whom he is in good faith supporting, he shall receive only one-third of the sum a bove fbrnd for boys under sixteen (16) years of age and girls under eighteen (18) years of age. (c) "Temporary total disability" means an injury which, though it may result or does result in a permanent total or partial disability, temporarily incapacitates the injured person from performing any work at any gainful occupation for the time, but from which injury such person may recover by 23 (d) In all cases of temporary total disability, permanent partial disability and permanent total disability, the expense of medical attention and of care in hospital of the injured workman shall be paid from date of said injury, the expense of medical treatment not to exceed one hundred and fifty dollars ($150.00) in any case and the expense of care in hospital not to exceed one hundred and fifty dollars ($150.00) in any case, unless under general arrangement the workman is entitled to medical attention and care in hospital, or the employer furnishes adequate and· proper medical attention and hospital facilities to his employes; prnvided, however, that no bill or fee for medical attention or care in hospital shall be allowed or paid without notice to the employer and a hearing if requested by said employer. The state treasurer shall have the power to establish a schedule fixing the fees for which all medical, surgical, hospital or other legalized forms of treatment rendered to employes under this section shall be compensated. �WORKMEN'S COMPENSATION ACT WORKMEN' S COMPENSATION ACT Each physician or surgeon attending a workma n injured while engaged in extra-hazardous occupation shall file with the clerk of the court of the county within which such injury occurred and with the state treasurer, under rules to be prescribed by the state treasurer, a full and complete report full y describing the nature of the injuries to such workman; provided, that such report shall not be required unless the disability resulting from such injury lasts through the day or the injury requires medical services other than the ordinary fir st aid treatmem. Any physician or surgeon failing to file any report. •as herein provided shall be punished by a fine of not more than fifty dollars ($50.00). Where death results from an injury the expense of burial shall be paid not to exceed one hundred and fifty dollars ($150.00) in any case, unless other arrangements exist between employer and employe under agreement. die before all of the a ward has been paid, the remaining ba lance sha ll be paid to t he surviving- dependent children in t he fo llowing manner ; in a scertaining t he a mou nt to be paid to each surviving child in the ca se of male children, the age of such ma le child shall be fig ured from t he t ime of the death or r e-marriage of such surviving spouse until such male child attains the age of sixteen (16) years and in t he case of fema le children, the time shall be figured from the ti me of the death or r e-ma r riage of such sur viving spouse until such fem ale child attains t he age of eighteen (18 ) years, and t he unpaid balance of such awar d shall be divided in each instance by the number of months between such periods of time. In case of the death of any such surviving children , t he por tion of such aware!- made payable to such child by the terms hereof sha ll be di vided among the survi ving children pr·o rata; p rovided, furthe r, tha t if all of the surviving child ren should die befo re t he unpaid balance of the awar<l. is enti rely di stribu ted, then the r emaining undistri buted portion of such award shall rever t to the g eneral fu nd and be credited to the emp loyer's balance; provided, further, that if it be shown t hat t he sur vivi ng spouse ,vilfull y deserted decea sed without fault upon the part of the deceased, such surviving spouse shall not be rega rded as a dependent in any deg ree, but in such case the ri ght of boys under sixteen (16) yea rs of age and g irls under eighteen (18) years of ag e to compensation shall not be defeated. If said workman leaves a surviving boy or boys under six-teen (16) yea rs of age or girl or girls under eighteen (18) years of age, the guardian of such child or children appointed as hereinafter provided, shall receive for the use and benefit of said child or ,children, a lump sum of one hundred and twenty dollars ($120.00) per year for each surviving boy under sixteen (16) years of age until the time when each of said surviving boys shall become sixteen (16) years of age, and a lump sum of one hundred a:nd twenty dollars ($120.00) per year for each s~rviving girl under eighteen (18) years of age until the time when each of sai-d surviving girls shall become eighteen (18) years of age; provided, that the aggregate lump sum paid to said guardian shall in no case exceed three thousand·, six hundred dollars ($3,600.00). In all cases where an order of co~pensation is made on account of boys under sixteen (16) years of age; or gil"ls under eighteen (18) years of age, or both, or to persons incompetent, said fund shall be disbursed under a proper guardianship to be created by the court or judge maldng such an order. 24 (1) But if the workman leaves a widow or invalid widower, to whom he or she has been regularly married by a marriage duly solemnized by a legal ceremony, provided, it shall not be made to appear that the surviving spouse was at the time of the workman's death separated from such spouse by her own fault, such surviving spouse shall recei ve the sum of two thousand dollars ($2,000.00), but in every such case the said award be paid in monthly installments at the rnte of forty-five dollars ($45.00) per month, upon proof made to the state treasurer that such surviving widow is still living and has not re-married. In case the award is in favor of an invalid widower, then and in that .case, proof must be made to the state treasurer, before any monthly installment is paid, that the said widower is still an invalid. Provided, however, that the court making such award may upon application and hearing, with notice to the employer and a showing of the necessity therefor, order all or any part of the unpaid balance of the award to be paid to th~ surviving spouse as a lum'.) sum. If th~ surviving spouse shall re-marry before all of said award has been paid, then he or she shall only be entitled to receive the sum of two hundred and sevenl)' dollar.:: ($270.00) out of the unpaid balance of said awarr;~ and further payment shall cea:,;c, .-md any bala?ce or the award shall revert to the dependent cluldren, if any there be; and if there be no dependent children the unpaid balance of such award shall retm11 to the general fund and the same -s hall be .credited to the employer's balance; if the surviving spou_se shall die before all of said award has been paid, then the unpaid balance shall revert to the dependent children, if any; if no dependent children, then such balance shall revert to the general fund and be credited to tbe employer's balance; provided, in any case, where the surviving spouse shall re-marry or 'I 25 (2) If the injured workman die during the p~rfod of temporary total disability _and af~er rece1vm_g compensation therefor, as herem provided, and his �26 WORKMEN'S COMPENSATION ACT WORKME 'S COMPENSATION ACT death be shown to have resulted from such injuries, the widow and the guardian of the workman's boys under sixteen (16) years of age and girls under eighteen (18) year s of age shall be entitled to an award because of the death of the workman as herein provided, but the total amount of payments in excess of two thousand, four hundred dollars ($2,400.00) receiYed by the injured workman during such disability and prior to his death shall be proportionately deducted from the amounts herein provided to be paid to the surviving widow and the guardian of the workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age. case. Standard Oil Co. of I ndiana v. S ull ivan, 33 W yo 223, 23i P. 253. Evidence showing cmploye's loss ,o ( fin g<'rs on both ha nds. held, t o justify a wa nl fo r 1ier m11nent totu l disabil ity. Sakamoto v. 10::cmmc rcr Coa l o. , 36 , v yo. 32 ;:; , 25.:; P . 356. Sum paid fo r te mpo rn 1·y tota l d isnbil ity should be ded ucted f rom total pe rmanent dhmbili ty award . Id. Employc held. entitled to )'>n ymcnt o ( compensation in mnnner provided by s tatute in cffoct.. at time of injury . In ro Hible r, 37 W yo. a :12, ~Gl I' . G-1S. Generally &i>eakin g the lc1<is1"tu rc did not inte nd dou b!c compen~ation to injured cmploycs , un<lc r p rovi sions o f this sec• tion, Marsh v. A ljoc, •11 \ Vyo. 2:!0, :.!~M P. ~GO; annotated also under § 12•1-137. Sub. A. Standar d Oil Co., (Ind .) v. Ervin , ,14 \V yo. S. 124-121, Additional compensa tion for dis fig urement. In all cases of temporary total disability or permanent partial disabilit y where the worh-man shall suffer perm anent disfigurement to the f a ce or head of a nature so great as to affect t he workman's earning capacity in securing employment, t he workman shall receive, in p roportion to t he extent of such disfigurement, a lu nip sum in a ddition, not to exceed five hundred dolla rs ($500.00) . The court shall take into consideration in making t he a wa rd any former disfigurement to the face or head of such workman. [L. '29, c. 64, § 2. (3) If any wor1m1an die within one year from the date of receh-ing a n award for permanent partial disability and his death be shown to have resulted from the injuries for which the award was granted, the widow and the guardian of the workman's boys under sixteen (16) years of age, and girls under eighteen ( 18) years of age shall be entitled to an award because of the death of the workman as herein provided, but the amount of the payments received by the injured workman prior to his death shall be proportionately deducted from the amounts herein provided to be paid t o the surviving widow and the guardian of the workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age. 12,1-122. Compensat ion for hernia. A workman in order to be entitled to compensation for hernia must clearly prove : 1. That the hernia is of recent origin; 2. That its appearance was accompanied by pain, and discoloration and evidence of tearing of tissues were present; 1.11 , ; 3. That it was immediately preceded by some accidental strain suffe red in the course of the employment; (4) If any workman die within two years from the date of receiving an award for permanent total disability and his death be shown to have resulted from his injuries, the widow of said workman shall be entitled to an award because of the death of the workman as herein provided, but the amount of the payments receh-ed by the injured workmat1. in excess of two thousand dollars ($2,000.00) prior to his death shall be deducted from the amount of her award. (5) If the workman leaves no widow or widower, or boy under the age of sixteen (16) years, or girl under the age of eighteen (18) years, but leaves a parent or Jiarents surYh-ing, such surviving parent or parents, if lh-ing in the United States, shall receive a lump sum of fifteen hundred dollars ($1,500.00); provided, a parent or parents, who are dependents and who are non-resident aliens shall receh·e a lump sum of one-third of fifteen h~ndred dollars ($1,500.00). [L. '31, c. 94, § 4, amendin,.,. L. '29, C. 48, § 1; L. '29, c. 64, § 1; L. '27, c. 111, § 5; L. '25, C. 1i-1, § 4; L. '23, c. 60, §§ 10, 11; L. '21, c. 138, §§ 5, 6, 7; C. S. '20, § 4334; S. L. '33, c. 129, § 4. Under sub-division b hereof, policy to allow mon, for children o( :' d1enl,led than_ for those of a deceased workman held, ~ ~1uP.t1~~/'" the legislature. In 1·e Brennan, 29 \Vyo. 116, 1 Award for "permanent total disability" mnde only in clenr 27 4. That it did not exist prior to the date of the alleged injury. If a workman, after establishing his right to compensation for hernia as above provided, elects not to be operated upon, and the hernia be.comes strangulated in the future, the results from such strangulation will not be compensated. [L. '2!), c. 110, § 1. . " i, i ✓ I 124-123. Forfeiture by injured employe-Payments withheld. If any injured employe shall persist in unsanitary or injurious practice which tends to imperil or 1"eta1·d his recovery, or if he shall refuse to submit to such medical or surgical treatment, as is reasonably essential to promote his recovery, he shall forfeit all right to compensation under this chapter; and where an injured employe is under ,eare and treatment of a physician, he shall not be permitted to personally receive or use any �29 ,YORKMEN'S COMPENSATION ACT WORKMEN'S COMPENSATION ACT compensation payments allowed him under this chapter, except upon the order of such physician, but such payments shall be withheld and delivered to such injured v.-orkman upon his recovery or dischal'ge by such physician. [L. '15, c. 124, § 20; C. S. '20, § 4335. to collect from the contractor the full a mount pa yable to the industrial accident fun d and the contractor, in turn, shalJ be entitled to collect fro m the sub-contractor his propor tionate amount of payment; the provisions of thi s section shali app ly t o ail extra-hazard ous work done by cont ract, except that in private work the contractor shall be responsible, primarily and directly, to the industria l accident fund fo r t he proper percentage of the total payroll of the work and for the amounts due it, and the owner of the property affected by the contract shall be surety for such pa:,-,nents. Whenever, and so long as under the state law, city charter or municipal ordina nce, provision is made for municipal employes injured in the course of employment, such empioye shall not be entitled to the benefits of this chapter and shall not be included in the payroll of the municipality under this chapter. [L. '15, c. 124, § 23; C. S. '20, § 4338 . 28 J.fodi!ication of instl'1.lction ns to effect of injurious prac.. tices rei.al'<ling recove ry of injured employc, held, not improper. In re Hiblc1·, 37 W yo. 332 , 261 P. 648. Employer had burde n of proof that employe persis ted in injurious lH"acticcs retarding recovery. Id. To "persis t.. in injurious J)l'acticcs retarding injured em... ploye"s recovery means to continue against op.i;os1tion o r rem.. onstrance. Id. 124-124. Exemption from execution or attachment. No money paid or payable under this chapter out of the industrial accident fund shall, prior to issuance and delivery of the warrant therefor, be capable of being assigned, charged nor ever be taken in execution or by garnishment, or shall the same pass to any other person, by operation of law, except as permitted by subdivision (1) of paragraph (cl) of section 124-120, Revised Statutes of Wyoming, 1931. Any such assignment, attachment, garnishment or charge shall be void. [L. '31, c. 73, § 61, amending L. '15, c. 124, § 21; C, S. '20, § 4336· s. L. '33, ,C. § 6. ' Cited in La Chappelle \", Union Pacific Coal Co., 29 Wyo. 449. 214 P. 587. 124-125. l\Iinor workman. A minor working at an age legally permitted under the laws of this state shall be deemed sui juris for the purpose of this chapter and no other person shall have any cause of action or right to compensation for injury to such minor workman, except as eJ..'J)ressiy provided in this chapter; but in the event •o f a lump sum payment becoming due under this chapter to such minor workman, the management of same shall be within the probate jurisdiction of the courts the same as any other properties of minors. (L'. '15, c. 124, § 22; C.. S. '20, § 4337. 124-126. Extra-hazardous public work-Contract ·whenever the state, county or any municipal corporation shall engage in any extra-hazardous w~rk in which workmen are employed for wages, tins chapter shall be applicable thereto. The employer's payments into the industrial accident fund shall be_ 1;11ad~ from the treasury of the state, county or mumc1pahty. If said work is being done by contract the payroll of the contractor and the sub~ontractor shall be the basis -of computation and m the_ case of contract work consuming less than one yea_r m performance the required payment into the ac~1dent fund shall be subject to the provisions of this .chapter an~ ~he state for its general fund, the county or mumc1pal corporation shall be entitled work. Cited in~ Lesli e v. City of Casper, 42 Wyo. 44 , 28 nnnotated unde r § 124-1 02 . P . 15, 124-127. Safety devices. Nothi ng in t his .chap_ter contained shall repeal any existing Jaw providing for the installation or maintenance of a ny device, means or method for the prevention of accidents in extra -ha zardous work or for a penalty ·or punishment for failure to install or maintain any such protective device, means or method. [L. '15, C. 124, § 24; C. s. '20, § 4339. 124-128. Unlawful to receive more than 5% of compensation for services rendered. It shall be unlawful for any person or any number of. persons acting together or separately or in any way, including attorneys, agents, interpreters, and all other persons, to receive or agree to receive either directly or indirectly from any beneficiary or beneficiaries under this chapter, for services rendered or to be rendered, either jointly or separately, in relation to procuring any benefit or benefits under this ..:hapter, any sum or sums aggregating more than five per centum of the whole amount received or to be received by such beneficiary or beneficiaries, on account of injuries to any employe, and in no event to exceed fifty dollars ($50.00). Every person violating or concerned in the violation of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars ($60.00) nor more than five hundred dollars ($500.00), to which may be added imprisonment in the county jail for a term not exceeding ninety days. It shall be the duty of the county and prosecuting attorney of the .county in which any injury occurs to give all necessary legal advice to any injured workman, or his dependents, who may seek advice in making and filing �30 WORKMEN'S COMPENSATION ACT WORKMEN'S COMPENSATION ACT claims for compensation, and to prepare all statements of claim or other papers necessary or advisable to be filed by such workman or dependents, free of all charges and .costs. [L. '21, c. 138, § 8, amendin_g C. S. '20, § 4340. Cited in Znncanelli v. Cent ral Coal & Coke Co., 25 Wyo. 611, 173 P. US!. annotat~d under § 12•1-113. Cited ns to attorney"s fees in In re Hibler, 37 Wyo. 332, 261 P. G•lS. 124-129. Physici:ms required to testify. Any physician having attended an_ employe in_ a professional capacity may be reqwred to testify before any court or judge when so directed, in cases coming within the provisions of _this chapter, and_ !he law of privileged communicat1on between phys1c1~n and patient as fixed by statute shall not apply m such .cases. ' [L. '15, c. 12 11, § 26; C. S. '20, § 4341. Standard Oil G,. (Ind.) " · En•in, 4-1 Wyo. 88, O,tcopnth s . 124-130. False statement by employe. Any employe or workman who shall make or cause to be made on his behalf any misrepresentation or fals e statement for the purpose of receiving compensation under this chapter to which he is not lawfully entitled shall be guilty of a misdemeanor, and shall on conviction, be fined not more than three hundred dollars ($300.00), or imprisoned for not more than ninety (90) days. [L. '15, c. 124, § 27; C. S. '20, § 4342. 124-131. Annual report by state treasurer. It shall be the duty of the state treasurer to secure and compile statistical information concerning accidents occurring in the extra-hazardous employments defined by this chapter, showing the number of accidents or fatalities occurring in each of said employments, the amount paid in by each employer .coming within the provisions of this chapter; the amount paid out on account of injuries, or death resulting from injuries in such employments; and any other information relating to the operation or administration of this chapter that may be of interest; and to make a full report thereof, together with such recommendations as he may deem proper for changes or amendments herein, and to publish a full report thereof to the governor, on or before the 31st day of Dc~ember in each year. [L. '15, c. 124, § 28; L. '17, c. 6!>, § 7; C. S. '20, § 4343. 12•1-132. Examination by state treasurer. The state treasurer may, at any time on twenty-four hours' notice (unless such notice is waived by the employer), either in person or through any authorized inspector, agent or deputy, examine the books, accounts or payrolls of any employer at any time for the purpose of securing any information desired in the administration of this chapter. [L. '27, c. 111, § 6, amending C. S. '20, § 4344. il 'J 31 124-133. Disabled w,o rkman exr.1mined by employer's physician-Recovery reported to cou r t. Any workman awarded compensation for i~rnporary total disability under this chapter, as defmed by clau. e (c) of § 124-120 shall , iI thereafter _requested_ by his employer sub mit himself for med1~al exa~11_1ation by a physician licensed to practice med1cme in this state, at a place designated by the employe l' and which shall be rea onably convenient fo r the workman, and said workman may haYe a licensed physician present of hi s own selection. The purpose of such examination shall be to determine whether the workman has recovered so that his earningpower at any kind of work i restored. If it be agreed that the workman has r ecovered so that his earning power at any k ind of work is r estored, the fact shall be reported by the employer and sa id physician to the judge of the district court who made the award in the first instance, or if ther e be a dispute a s to the recovery of the workman and his restoration to earning power, it shall be likewise reported to said judge, by filing a statement in either case in the office of the clerk of t he district court of the cou nty where the award was made, and the matter sha ll be di sposed of in such manner a s said judge m ay deem proper under the fact s. If said judge fin d that said workman has recoYered and has been restored to his earning power and that compen ati on should be discon tinued, his decision and judgment in the premises shall be certified to the state audi tor and state trea urer and shall be authority and direction to said officer s to discontinue compensation payments. If the workman, in such case, refuse to su·omit to such examination or obstructs the same, his right to monthly payments shall be suspended until such examination has taken place, and no compensation shall be payable during or for account of such period of refusal. [L. '15, c. 124, § 30; C. S. '20, § 4345 . Stantlnrd Oil Co .• (Ind.) v. E,·vin. 44 Wyo. 88 Os teopaths. 124-134. Employes' statements of dependent persons. All employes or workmen coming within the provisions of this chapter shall be rE:quired, upon entering service in any of the e::\.-tra-hazardous employments herein defined, to make and sign a written statement setting forth the names of the persons dependent upon them for support or constituting members of their dependent families, in each case giving the names and ages of their boys under the age of sixteen (16) ye~rs and girls under the age of eighteen (18) years. [L. '23, c. 60, § 12, amending C.- S. '20, § 4346. 124-135. Assignment of rights and benefits. All payments made into the industrial accident fund by any and every employer under the provisions of this chapter shall be taken as paid and received in �32 WORKMEN'S COMPENSATION ACT consideratio_n of t h e indemnity to such emplo e . b rfeason of h_is contributing to the industrial a{c1.rd yt und , and 1n cons1·d eration . • en of the payments made by the s tate to such fund. provided t l1 at l 1 . ' , w 1en an y emp 0 :\'. er e1~gaged m an extra-hazardous occupation as defrned m t his ch apter, h as h eretofore sold and ~onveyed, or sh all her eaft er sell and convey his or its property to a pui-ch aser who continues to conduct and carry on said business at the ame place the seller sh a ll be en~itled to tran sfer and assig~ ~o the _p~rchaser. all nghts, benefits, privileges and 1mmumties accrwng to su.ch employer by virtue of ~my su~n then_ ·on deposit to his or its credit in the mdustna_l _accident ~und in t he state treasury under the _prov1s1ons_ of tlus chapter; and upon filing such assignment with the state treasur er , the purchaser shal~ succe~d to all said rights, benefits, privileges and 1mmumtes of said empl oyer. Said purcha ser sha ll be subject to obligation s of compensation against the seller incurred and existing at the date of su.ch assignment; provided, that no pa rt of any moneys so paid in by any employer shall ever be r efunded to him, either during the time when he continues in business as such employer, or after he ceases such business; provided, that every employer, operating under the provisions of this chapter sh all pay into said industrial accident fund the sum of at least five thousand dollars ($5,000.00); and provided, further, if this chapter shall be hereafter repealed or held invalid, the moneys which are in the indu strial fund at the time shall be di stributed as .m a y be provided by the legislature, and in default of such legislative provision, distribution thereof shall be in accordance with the justice of the matter, due i-egard being had to obligations of compensation incurred and existing. [L. '21, c. 76, § 1, amending C. S. '20, § 4347. *124-136. Closing of accounts. Any balance standing to the credit ·o f any employer in the industrial accident fund for three years after said employer shall have ceased to engage in Wyoming in the occupation on account of which his said co~tributions have been made shall be debited from his account to the profit and loss account of said fund, and said employer's account shall be thereupon finally closed, and thereafter the sai~ balan~e sha!~ permanently remain a pa1t of the mdustnal acci : dent fund. .J , 124-137. Actions against employer independent of chapter. Nothing in this chapter sha~l be construed to limit ·or affect any right. 01; a~tion b~ a~ employe against an employer for mJunes receive while in the employ of such employer when such ( •This section ommittcd from Revised Statutes rnai} WORKMEN'S COMPENSATION ACT 33 employer at the time ?f suc~1 injuries is n~t ~ontributing to the industrial accident fund as provided in this chapter. [L. '23, ,c. 60, § 13. 124-138. Re-opening of cases. The state treasurer shall have the right to cause any case to be re-opened in which an order of aw~r~ has been made provided he shall cause a pet1t10n fo r the re-op~ning of the case to be filed with the court which granted the award, within thirty days a!ter the date on which the order of award was received in the state treasurer's office. Such petition mu st show probable cause that error was made in t he amount of the award, or the .char acter of the awa rd, or the grounds on which the award was made, ;ind may specify as a reason fo r r e-opening the ~ase existing evidence not given in the original heann~, showing the general nature and effect of such evidence. On the filing of such a petition and on the court finding that probable cause is shown ther eby, the court shall stay the award, and upon reasonable notice to all parties reopen the case and set the same for hearing de novo. The state treasurer may take such part in the n ew hea ring as he may deem advisable and shall have every ri ght and privilege of a party t-o the cau e. He shall h ave the right of appeal to the supreme court from any order in such new hearing, either granting an award or refusing to grant an award. He shall also have a right of appeal from an order refusing to re-open a case. In addition, and without the necessity ·of presenting any petition for the re-opening of a case to the trial court, the state treasurer shall have the right to appeal to the supreme court from any order or judgment in any district court of the state awarding compensation or declining to award compensation, although he was not a party to the proceedings in such district court. Upon the perfecting of any appeal instituted by the ~tate treasurer the court allowing the appeal shall issue an order staying the execution of the order or judgment appealed from without requiring any b~nd. The attorney general, or his deputy or assistant, shall act as the attorney of the state treasurer in all cases. All costs of new hearings granted upon the petition of the state treasurer, and all costs of appeals conducted by the state treasurer shall be paid by the industrial accident fund, except such costs as the court in its discretion shall assess ~gainst any of the other parties to the cause. [L. 27, c. 111, § 7, amending L. '25, c. 124, § 5. "'\yhere ~be dut_Y of the nttorney genernl to represent compcnsatiofl~ claimant 1n supreme court, as part of his official duties ~on icts with his duties to net ns attorney fo, state treasure; inta nil cases, the duty first mentioned must yeild to right of 6 treasurer to such services. Marsh v AIJ·oc 41 Wyo 11 9,te 282 P. 1055. • ' • In a.cti«?n under workmen's compensation law, in which compensation was awarded, application of state treasurer to �34 WORKMEN'S COMPENSATION ACT l'eopcn cnse on g roun<l, amon g others, of l)rior disability, should not be determined on ex pone affida vits, w hen base<l on new evidence, since legislatu l'e contemplated th at treasure r should be gh·cn :luY:mtagc of regul a r trial. Mur sh v. A ljoe , 41 Wyo. 22U, 23 -1 P . 260 . This section authorizing state treasure r to have case reopened must be construed in li[rht a! situation wh ic h W n!::1 eought to be remedied hereby. Id. On slnte treasurer's np111ication, bnsc<l on new evidence, to reopen case, court must reopen cuse, if the ne w evide nce w ill have n material bea ri ng-. Id. 124-139. Bills to be itemized-Time of filing. All bills for me<lical attendance, expenses or disbursements, and for hospital services, shall be properly dated, itemized .and verified by the claimant, or the same shall be disallowed by the court, and every doctor who. shall attend an injured workman shall within ten (10) tlays after the first of the month succeeding that in which he rendered services to the injured workman file with the clerk of the district court of the proper county, his itemized and verified bill for all services rend·e red by him and expense incurred in behalf of the injured workman during the previous month, and shall send a copy thereo.f to the state treasurer; and all claims for medical attendance or medical services not so filed within the time specified shall oe disallowed by the court. [L. '25, c. 124, § 7. 124-140. Notification by doctor. Every doctor who .accepts the case of an injured workman, and every hospital which accepts the case of an injured workman, shall within ten (10) days after accepting such case file a written notice thereof with the clerk of the district court, and shall send a copy of such notice within said ten (10) days to the state treasurer and another copy within said period to the employer of the injured workman. Any doctor or hospital failing or refusing to file the notice within the time designated ,,.,ith the clerk of the court, or to send copies thereof within said period to the state treasurer and the employer of the injured workman, shall forfeit any remuneration or award from the industrial accident fund for any services, care or attention 1·endered to such injured workman or any facilities furnished to him. [L. '25, c. 124, § 8. 124-14J. Awards. Every award within the meaning of this chapter is a judicial determination of the rights of the employer, the employe and the industrial accident fund as to all matters involved. Except :is othernise specifically provided in this chapter, the code of civil procedure shall govern in matters before the courts of this state in reference to the workmen's compensation laws. No award of compensation or allow.ance of any expense or claim chargeable against the account of any employer contributing to the ind'u strial accident WORKMEN'S COMPENSATION ACT 35 all be made without noti ce to such employf un d sh · ·t er and hearing, unless such employer shall m wn • f IC "l d 1·n the court having j urisdiction consent mg Where the employer cannot be person. th ere to . ally served, substituted service, as pr ovided ~o r m the code of civil procedure, may be had. [L. 25, c. 124, § 9; S. L. '33, c. 129 §5. An a.ware\ or compcnsnt.ion to nn _in jur_cd . c.r:n n_loye is a "final judgment, unl ess tx pressly rese rvin g Ju n sd1ct 1on ~ re• open cnse. Midwest Refi ning Co . v. George, 41 , v yo. So , 281 P. 1005. 124-142. Deferred pay ment account . Whenev~r an order of awa rd shall specify that the award 1s to be paid in monthly payments, the stat~ treasurer shall charge the amount thereof aga mst the account of the employer of the injured workman and shall transfer the a mou nt of said a ward from the general fund into a deferred payment a ccoun t, which account shall thereafter be alone lia ble fo r the payment of the award . Inte rest earned by the deferred payment accoun t shall be paid into the general fund, as well as all a mounts r epaid or returned to said general fund unde r t he provisions of this chapter, or by reason of modification of orders of award. Whenever .a modification of an order of award increases the amount of the awa rd, the additional amount shall be cha rged a gainst the employer's account .and transf erred from the general fund into the deferred payment account, a nd whenever a modification of an order of award decreases the amount of the award, the amount of such decrease sh.all be transferred from the deferred payment account to the general fund and credited to the account of the employer. L. '27, c. 111, § 8. 124-143. Bribery. Whoever corruptly gives, or promises to give pay, or imburse, or whoever offers to give, pay or imburse any court officer or employe, or any person employed or concerned under the laws of this state in the administration of this chapter, either before or after his election appo_intment or employment, ;any money or val~able thing, or corruptly offers or promlses to do any act beneficial to any person to influence his action or to secure his assistance in the administration of this chapter, and whoever, being a court officer or employe or a person employed under the laws o! this state in the administration of this chapter, e1the_r before or after his election, qualification, appointment or employment, solicits or receives any such money or valuable thing to influence him or to sec_ure his assistance ,vith respect to his official duty ;1n any matter relating to the administration of this chapte~, ~hall be deemed guilty of felony and upon conV1ction thereof be imprisoned in the peni~entiary not more than . fourteen (14) years. [L. 25, c. 97, § 1. �l'AJBJLES for computing amounts due under the prov1s 1ons of the Workmen's Compens ation Act and Peace Officers' lndemity Fund. Following Ul'e tables of mon t h ly comDensation for severa. l amounts . allowed by law, computations for which are rondo for twenty-eight. thirty and thirty-one day months : Single 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 '\. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 1.79 3.57 5.36 7.14 8.93 10.71 12.50 14.29 16.07 17.86 19.64 21.43 23.21 25.00 ~6.79 2S.5i 30.36 32.14 33.93 35.71 37.50 39.29 41.07 42.S6 4'1.64 46.43 48.21 60.00 30 1.66 3.33 6.0U 6. 67 8.33 10.00 11. 67 13.33 15.00 16.67 18.33 20.00 21.67 23.33 ~5.00 26.67 28. 33 30.00 31.67 33.33 35.00 36.67 38.33 40.00 41.67 43.33 45.00 46.66 48.33 50.00 $50.00 31 1.61 3. 23 4.84 6.45 8.06 9.68 11. 29 12.90 14.52 16.13 17.74 10.35 20.9 7 22.58 2iL1 9 25.81 27.42 29.03 30.65 32.26 33.87 35.48 37 . 10 38.7 1 . 40.32 41.94 43 .55 45.1 6 46.77 48.39 60.00 M11n and Wife $60.00 28 30 31 2.14 2.00 1.94 4.29 4.00 3.87 6.43 6.00 5.81 8.57 8.00 7.74 10.71 10.00 9.68 12.86 12.00 11.62 15.00 14.00 13.55 17.14 16.00 15.48 19.29 18.00 17.42 21.43 20.00 19.35 23.57 22.00 21.29 26.71 24.00 23.22 27.86 26.00 25 :16 30.00 28. 00 27.10 32.14 30.00 29.03 34.28 32. 00 30.97 36.43 34.00 32.90 38.57 36.00 34.84 40.71 38.00 36.77 42.86 40.00 38.71 45.00 42.00 40.64 47.14 44.00 42.58 49.28 46. 00 44.51 61.43 48.00 46.45 63.57 50.00 48.38 55.71 52.00 60.32 67.86 64.00 52.26 60.00 66.00 64.19 68.00 56.13 60.00 58.05 60.00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 J.7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Widower a nd ono child $57.50 28 30 31 2.05 1.D2 1.85 4.ll 3.83 3.7 1 6.16 6.75 5.56 8.2 1 7. 67 7.4 2 10.27 9.58 9.27 12.32 1 1.50 11.1 3 14. 37 13.42 12.98 16. 43 15.33 14.84 18 .4 8 17.25 16.69 20.54 19. 17 18.55 22.5 9 21.08 20 .-10 2,1. 51 23.00 22.26 26.70 24.92 2.1.11 28. 75 26.83 25.97 30.80 28.76 27 .83 32.86 30.6 7 29.68 84.91 32 .5 8 31.53 36 .9 6 34.50 33.39 39.02 36.42 35.24 41.07 38.33 37. 10 43.12 40 .25 38.95 45.18 42.17 40 .8 1 47.23 44.08 42.66 49.28 46 .00 44.52 51.34 47.92 46.37 53. 39 49.8 3 48.22 55.44 51.75 50 .08 67.50 63.66 51.93 55.58 63.79 57.50 55.64 67.50 Widower and Two children 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.32 4.64 6.96 9.29 11.61 13.93 16.25 18.57 20.89 23.21 25.54 27.86 30.18 32.50 34.82 37.14 39.46 41. 79 44.11 46.43 48.75 61.07 53.39 65.71 58.04 60.36 62.68 65.00 30 2.17 4. 33 6,50 8.67 10.83 13.00 15.17 17.33 19.50 21.67 23.83 26.00 28. 17 30.33 32.50 34.67 36.83 39.00 41.17 43.33 45.60 47.67 49.83 62.00 64.17 66.33 68.50 60.66 62.83 65.00 $65.00 31 2.10 4.19 6.29 8.39 10.48 12.58 14.68 16.77 18.87 20.97 23.06 25.16 27. 26 29. 36 31.45 33.55 35.64 37.74 39.84 41.93 44.03 46.13 48.22 60.32 62.42 64.51 56.61 68.71 60.80 62.90 65.00 �38 WORKMEN'S COMPENSATION ACT :Man, wife and ono child 1 2 8 "56 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 80 81 28 2.41 4.82 7.23 9.64 12.06 14.4 6 16.87 19.29 21.70 24. 11 26.62 28.93 31.34 33.75 36 .16 38.57 40.98 43.39 45.80 48.21 50.62 63.04 66.45 67.86 60.27 62.68 65.09 67.50 30 2.25 4.50 6.75 9.00 11.25 13.50 15.75 18.00 20.25 22.50 24.75 27.00 29.25 31.50 33.75 36.00 38.25 40.50 42.75 45.00 47.25 49.50 61.75 54.00 56 .25 58.50 60.75 63.00 65.25 G7.60 $67.50 31 2. 18 4.35 6.53 8.71 10.89 13.06 15.24 17.42 19. 60 21.77 23.95 26.13 28.31 30.48 32 .66 34.84 37.02 39 . 19 41.37 43.55 45.73 47.90 50.08 62.26 64.44 56.61 58.79 60.97 63.14 65. 82 67.50 Man, wife nnd two children l 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 rn 20 21 22 23 24 25 2G 27 28 29 30 31 28 2.68 5.36 8.04 10.71 13.39 16.07 18.75 21.43 24.11 26.79 29.46 32.14 34.82 37.60 40.18 42.86 45.53 48.21 50.1:)!J 53.57 56.25 68.93 61.61 64.l8 66.96 69.£4 72.32 71i. OO $76.00 31 2 .42 4.84 7.26 9.68 12.10 14.52 16.94 19.35 21.77 24.19 26.61 29.03 31.45 3:J.87 36.29 38 .71 41.13 43.fi5 4;,97 48.39 50.8 1 G2 .:i0 53.22 55.00 65.G4 57.50 58.fJG G0.00 62.50 60.48 G:i.llll G2.~0 67.GO 65.32 70.00 67.74 70.16 72.50 75.00 72.68 7G.OO 30 2.50 5.00 7.60 10.00 12.50 15.00 17.50 20.00 22.50 25.00 27.50 30.0U 32 . 50 35.00 37.50 40.00 42.50 45. 00 47.50 60.00 WORKMEN'S COMPENSATION AC Widower and three children l 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24. 25 26 27 28 29 30 31 28 2.59 6.18 7.77 10.36 12.95 16.54 18.1 2 20.71 23.30 25.89 28.48 31.07 33.66 36.25 38.84 41.43 44.02 46.61 49.19 61.78 M.37 56.96 69.55 62.14 64 .73 67.32 69.91 72.50 30 2.42 4.83 7.25 9.67 12.08 14.50 16.92 19.33 21. 75 24.17 26.58 29.00 31.42 33 .83 36. 25 38.67 41.08 43.50 45.92 48.33 60 .75 53 .17 55.58 58.00 60.42 62.8 3 65. 25 67.66 70.08 72.50 Mnn, wife nnd three children $72.50 31 2. 34 4.68 7.02 9.3 5 11.69 14.03 16.37 18.71 21.05 23.39 25.73 28.06 30.40 32.74 35.08 37.42 39.76 42.10 44.44 46.77 49.11 51.45 53.79 56.13 58.47 l 2 s 4 5 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 ~4 25 26 27 28 29 30 31 GO.SI 63.1 5 65.•18 67 .82 70.16 72 .50 2S 2.95 5.S9 8.84 11,79 14.73 17.68 20.62 23.57 26.52 29.45 32.41 35.36 38.30 41.25 44 .20 47 ,14 60.09 53.04 65.98 68.93 61.87 64.82 67.77 70.71 73.66 76.61 79.55 82.50 30 2.75 5.50 8.25 11.00 13.75 16.50 19.25 22.00 24.75 27.50 30.25 33.00 35.75 38.50 41.25 44.00 46.75 49.50 52.25 55.00 67.75 60.50 63.25 66.00 6S.75 71.50 7-1.25 7i.O O 79.75 82.50 $82.50 31 2.66 5.32 7.9S 10.64 13.31 15.97 18.63 21.29 23 .95 26.61 20.27 3l.93 34.60 37. 26 39.92 42.58 •15.2 4 47.90 50.56 63.22 55.89 58.55 6l.21 63.87 66. 53 69.19 71.85 74 .5 1 77.17 79.84 82.50 Widower and four children 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 lS rn 20 21 22 2:i 2-1 25 2G 27 28 29 30 31 28 2.86 5.71 8.57 11.43 14.29 17. 14 20.00 22.86 25.71 28.57 31.43 34.29 37.1-1 40.00 42.86 45.72 48.57 51.43 6-1 .29 57.14 60.00 62.S6 60.72 68.57 71.43 74. 29 77.14 80,00 30 2.67 5.33 8.00 10.67 13.33 16.00 18.67 21.33 24.00 26,67 29.33 32.00 3,1.67 37.33 40.00 42 .67 45.33 48.00 50 .67 53.:.13 56.00 58 .67 61.33 64.00 G6 .G7 69.33 72.00 74.66 77.33 80.00 $80.00 31 2.53 5.16 7.74 10.32 12.90 15.48 18.06 20.64 23.:!j 25.81 28.39 S0 .97 33.55 36.13 38.71 41.29 43.87 46.-15 49.03 51.61 5•1 .l!l 56.77 59.3 5 61.93 6-1 .52 67.10 69.68 72.26 74 .84 77.42 80.00 Maximum 1 2 3 4 5 !.. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 3.21 6.43 9.64 12.86 16.07 19.29 22.50 25.71 28.93 32.14 35.36 38.57 41.78 45.00 48.21 61.43 54.64 57.86 61.07 64.28 67.50 70.71 73.93 77.14 80.36 83.57 86.78 90.00 30 3.00 6.00 9.00 12.00 15.00 18.00 21.00 24.0U 27.00 30.00 33.00 36.00 39.00 42.00 45.00 48.00 5l.OO 54.00 57.00 60.00 63.00 66.00 69.00 72.00 75.00 78.00 81.00 84.00 87.00 90.0 0 $90.0 0 31 2.90 5.81 8.71 11.61 14.52 17.42 20.32 23.23 26 .13 29.03 31.94 34.84 37.74 40.64 43.55 46.45 49.35 52.26 55.16 58.06 60.97 63.87 66.77 69.68 72 .58 75.48 78.39 81.29 84.19 87.10 90.00 39 "Widower und fi ve children l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 26 27 28 29 30 31 28 3.13 6.25 9.38 12.60 15.6 3 18.75 21.88 25.00 28 .13 31.25 34.38 37 .60 40.63 43.75 46.88 50.00 53. 13 66.25 59. 38 62.50 65. 63 68.75 71. 88 75 .00 78.13 8 l.2 5 84.38 87.50 30 2.92 5.83 8.75 11.67 14.58 17.50 20.42 23.33 26.25 29 .17 32.08 35.00 37.92 40.S 3 43.7 5 46 .67 49.58 52.50 55.42 5 .33 61. 25 64.17 67 .08 70.00 72 .92 75.83 7S. 75 8 1.66 84.58 87.50 $87.50 3l 2.82 5.§5 8.-17 Jl.1!9 1'J. ll 16.94 19.76 22 .58 25. 40 28.23 31. 05 33 .S7 36.69 39. &2 42 .3 4 45.16 47.98 50 . ' l 53. 63 56.4 5 59.27 62 .L O 64 .9~ 67.7-1 70 .56 73, 39 76 .2l 79 .0 3 8 t.s;; 84.68 87.50 I •I I I �WORKMEN'S COMPENSATION ACT 40 Table show ing amount by months nnd days, fi gured on b asis of one child :it r ntc of $120.00 per ycnr. d a y or d a ys Month or Months $10.00 20.00 80.00 40. 00 60.00 60.00 70.00 80.00 90.00 100.00 110.00 120.00 1 2 s 4 6 6 7 8 9 10 11 12 1 2 1l 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 81 l ) 28 day mon th 30 day month 31 d :iy monlh .36 .71 1.07 1.43 1.79 2. 14 2. 50 2.86 3.21 3.57 3.93 4.29 4.64 6.00 5.36 5.71 6.07 6.43 6.78 7.14 7.60 7.86 8.21 8. 57 8.93 9.28 9.64 10.00 .3 3 .67 1.00 1.33 1.67 2.00 2 .33 2.67 3.00 3.33 3.67 4.00 4.33 4.67 5. 00 5.33 6.67 6.00 6.33 6.67 7.00 7.3 3 7.67 8.00 8.33 8.67 9.00 9.33 9.67 10.00 .32 . 65 .98 1. 29 1.61 1.94 2.26 2.58 2. 90 3.2~ 3.55 3.87 4.19 4.52 4.84 5.16 6.48 6.81 6.13 6.45 6.77 7.10 7.42 7.74 8.06 8.39 8.71 9.03 9.35 9.68 10.00 Peace Officers Indeinnity Fund CHAPTER 83-ARTICLE 2 R. S. 1931 Section 83-201. 83-202. 83-203. 83-204. 83-205. 83-206. 83-207. 83-208. 83-209. Wyoming peace officers' indemnity fund. Officers included. Limit of idemnity paid. Payments t o fund by counties. Payments to fund by state. Report of accident . Order of Court. Power of State Treasurer. Appeal by State Treasurer. 83-201. Wyoming Peace Officers' Indemnity Fund. The fund accumulated under t his Article shall be known as the Wyoming Peace Officer s' Indemnity Fund. [L. '23, c. 97, § 1. 83-202. Officers Included. Such Peace Officers' Indemnity Fund shall be accumulated and maintai ned as herein provided for the purpose of providing indemnity to all penitentiary wardens, deputy penitentiary wardens, penitentiary guards; guards of the Wyoming Industrial Institute, including the Superintendent and his deputies; agents of the State Department of Law Enforcement, and the Commissioner of such Department and his deputies, State Coal Mine Inspectors, and deputies, State Game and Fish Commissioner, and his assistants and deputies, and States Game Wardens; and all salaried sheriffs, under sheriffs, deputy sheriffs and constables employed by any county of the state of Wyoming or paid by the Board of County Commissioners of any county, who shall be injured in performance of their duties, the purpose of this article being to provide for indemnity to such peace officers injured in the performance of their duties, which duties are hereby recognized as involving risks to life and limb. This section shall not apply in any case where the injury occurred before the date on which this section is to take effect. [L. '31, c. 71, § 1, amending L. '23, c. 97, § 2. ~3-203. Limit of Indemnity Paid. The indemnity y,hich any such peace officer or his dependent family shall be entitled; to receive under the provisions of this article shall be computed according to the -compensation schedule of the Wyoming Workmen's Compensation Law in effect at the time such in- �42 WORKMEN'S COMPENSATION ACT WORKMEN'S COMPENSATION ACT juries were received, and the procedure and forms under this Article shall be as near as may be the procedure and forms provided by the Workmen's Compensation Law, it being intended that the Wyoming Peace Officers' Indemnity Fund shall be administered by the State Treasurer as near as may be in the same manner as the Wyoming Workmen's Compensation Law is administered, and that orders of award and all other court procedure shall be entered and conducted as near as may be in accordance with the procedure provided by the Workmen's Compensation Law, and that any of the above peace officers injured in the line of his duties shall receive the same compensation which he would have received had he received the same injury while working for an employer contributing· to the Industrial Accident Fund, and shall receive the indemnity in the same manner. [L. '23, c. 97, § 3. •£ZS&;_.----•8iil_3"'.~""-'::: Payments to Fund by Counties. Every ~====•c~o~~:;';n~thy;---of the State of Wyoming is hereby required to pay into the State Treasury for the benefit of the Wyoming Peace Officers' Indemnity Fund a sum of money equal to one and one-half per cent (1½%) of the moneys earned by each of its salaried sheriffs deputy sheriffs, under sheriffs and constables 'during each calendar month in which they shall be employed. Such payment shall be so made on or before the fifteenth day of the month following the month for which such payments are computed and paid. The State Treasurer shall keep a separate account for each county so contributing to said fund, and shall charge against the account of each county all warrants paid from the Wyoming Peace Officers' Indemnity Fund: (a) As awards for injuries to the above named peace officers of such county: (b) In payment of medical or hospital attendance of such peace officers of such county; (c) In payment for the investigations o_f inju_ries of such peace officers or in payment of mvest1gations into the manner in which such injuries were received; (d) In payment of witness fees in cases where• in an order of award is granted to such peace officer of such county. Each county shall continue to make said monthly contributions as above provided unless its account after making the aboYe deductions therefrom shall be overdrawn in which event said county shall be required to p~y monthly a sum of money (including the said one and one-half per cent) equal to three per cent (3'lc) of the moneys earned by each of its peace officers during each calendar month .of such employment until such overdraft shall be paid. [L. '23, c. 97, § 4. 1• 43 83-205. Payments to Fund by tal e. T~1e State of Wyoming hereby pledges itself to contribute by biennial appropriations a sum of money equal to one and one-half per ce nt ( 1 ~f'::f 7<' ) o~ t)t monrys ed by each of s uch peace o 1cers m 1 s emp o , ear; a"'rees that its accoun t shall ·oe kept as near :; ma; be in the ma_nner in which the a c_counts _of the countie5 are required to be k~p~ under t he p rovisions of this article, and that umla r charge fo r amounts paid out on account of or on behalf_ of injuries to its peace office rs shall. be cha rged agamst its account. The State of W yommg further pledges itself that in the event it account is o~•erdra_wn that it shall contribute a sum of money (mcludm g the said one and one-half per cent) equal to tlu:ee per cent (3 % ) of the moneys earned by each of its peace officers. [L. '23, c. 97, § 5. 83-206. Report of Accident. Reports of accidents covering injuries to its peace officers shall be filed by the counties in the same manner and at the same time as such reports a re required to b filed by employers contributing to the Industrial Accident Fund, and each State officer shall make similar reports to the courts of all inj uries to peace officers employed in his department. [L. '23 , c. 97, § 6. 83-207. Order of Court. E very order given and made by the District Court or Judge awarding pa yment from the Wyoming Peace Officers' Indemnity Fund to an injured peace officer or his dependent family shall be entered of record by the Clerk of the Court where given and true copies thereof shall be immediately made and certified by said clerk and forwarded to the State Auditor and State Treasurer respectively of Wyoming, and shall be by each of said officers entered upon a record to be known as the Indemnity Docket, and shall be the authority and direction of the State Auditor to issue warrants of indemnity awards against the Wyoming Peace Officers' Indemnity Fund, and for the State Treasurer to pay such indemnity awards from suc:i fund. [L. '23, c. 97, § 8. 83-208. Power -0f SL'.!te Treasurer. The State Treasurer shall have the power by appropriate action to require each county of the State to con~ibute to said fund as required by this article. [L. 23, c. 97, § 9. 83-209. Appeal by State Treasurer. The State Treasurer shall have the right to appeal to the ~upreme Court from any final order or judgment 111 a~y District Court of the State awarding indemnity or declining to award indemnity, although h~ was not a party to such procedure in the Dis• trict Court. The Attorney General shall act as the �44 I I WORKMEN'S COMPENSATION ACT attorney for the State in every such appeal, and each appeal shall be conducted without expense to the Wyoming Peace Officers' Indemnity Fund. {L. '23, c. 97, § 10. Coal Mine Catastrophe Insurance Fund CHAPTER 57-ARTICLE 7 R. S. l!l31 Section 57-701. Definition. 57-702. Payment by coal mining companies. 57-703. Losses in excess of $25,000 to be paid from fund. 57-704. Separate accounts to be kept . 57-705. Use of fund limited. 57-706. Penalty for fai lure to pay premium. 67-707. Authority to contract with insurance companies. 57-701. Definition. The word, "catastrophe," as used in this Article means a di aster in a coal mine or mines causing the payment t hrough the operation of the Workmen's Compensation Law of this State out of the Industrial Accident Fund of an agg regate more than Twenty-five Thousand Dolla rs in compensations to workmen killed and injured a nd their dependents, growing out of an y one accident or occurance, or series of accidents or occurrences a rising out of one event. [L. '25, c. 159, §1. 57-702. Payment by Coal Mining Companies. For the purpose of giving to the portion of the Industrial Accident Fund paid in by employers operating coal mines support which is deemed necessary, each emloyer operating a . coal mine or mines in Wyoming shall pay into the State Treasury monthly a sum equal to one-fourth of one per cent of his Wyoming payroll for the preceding months, such payment to be made on or before the fifteenth day of the month following the month for which such payments are computed and paid, the ·moneys so received to be placed by the State Treasurer in a fund to be denominated Catastrophe Insurance Premium Fund. All moneys received by the State Treasurer under the terms of this Article, shall be paid by him out of the Catastrophe Insurance Premium Fund into the Industrial Accident Fund, monthly as received, and such payments shall continue to be made until the ~redit balance of the Catastrophe Insurance Fund m the Industrial Accident Fund is equal to One Hundred Thousand Dollars .($100,000.00), whereupon such payments shall cease, to be automatically resumed, whenever and continue so long as the ~redit balance of the Catastrophe Insurance Premium Fund within the Industrial Accident Fund, is �WORKMEN'S COMPENSATION ACT 46 47 WORKMEN'S COMPENSATION ACT below One Hundred Thousand Dollars ($100,000.00); all such payments shall be credited generally to the 1 Industrial Accident Fund instead of oeing credited l to any individual employer contributing to either the Catastrophe Insurance Premium Fund or the Industrial Accident Fund. [L. '25, c. 159, § 2. 57-703. Losses in Excess of $25,000 to Be Paid from Fund. In consideration for such payments made or to be made from the Catastrophe Insurance Premium Fund, the Industrial Accident Fund in the hands of the State Treasurer is hereby made a catastrophe insurer as to catastrophes to the extent that such catastrophes cause losses above 1\ventyfive Thousand Dollars to the Industrial Accident Fund. The first Twenty-five Thousand Dollars of such loss shall in every case be charged against the employer in whose mine or mines the accident may have occurred. The amount over Twenty-five Thousand Dollars shall be paid. from the Indushial Accident Fund and not charged against the employer in whose coal mine or mines the catastrophe occurred, but against the balance of the Catastrophe Insurance Premium Fund. [L. '25, c. 159, § 3. 57-704. Separate Account to Be l{ept. The State Treasurer shall keep a separate account between the Industrial Accident Fund and the Catastrophe Insurance Premium Fund, crediting the Catastrophe Insurance Premium Fund with all moneys by it pai<l into the Industrial Accident Fund and charging the Catastrophe Insurance Premium Fund with all amounts paid out for catastrophes as herein provided. [L. '25, c. 159, § 4. 57-705. Use of Fund Limited. No money paid into the Catastrophe Insurance Premium Fund as herein provided shall ever be applied in any way other than by payments to the Industrial Accident Fund as herein provided. [L. '25, c. 159, § 5. 57-706. Penalty for Failure to Pay Premium. The inspectors appointed by the Treasurer under Section 124-119 shall also act as inspectors for the purpose of enforcing the collection of the premiums due the State from employers operating coal mines. And if in any case any such employer shall fail or refuse to pay the premium upon his monthly payroll as is required by this Article he shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred ($500.00) Dollars and in addition to the said fine it shall be the duty of the Attorney General of this Staie to immediately bring suit in the name of the State in the District Court for the proper county, for the benefit of the Catastrophe Insurance Premium Fund, against such employer for the collection of such emium, and if a judgment for the r ecover y of ~~ch premium due be g_iven in favo r of t he State for the use and benefit . of. the Catastrophe Insurance Premium Fund said Judg ment hall be fo r double the amount of the Pr emi um provided by this Article, together with costs. [L. '25, c. 159, & 6. 57·707. Authority to Contm ct With Insurance Companies. The State Treasurer, should he deem it advisable, is hereby authorized and empowered to make contracts on behalf of the State of Wyoming and the Industrial Accident Fund with an insurance company or companies, to provide for payment into the Industrial Accident Fund' by the insuring company or companies of a sum equal to the ultimate net loss which the I ndustrial Accident Fund has or shall sustain by r eason of any catastrophe, all for the purpose of authorizing the State Treasurer to reinsure the said catastrophe r isk with an insurance company or companies. The premium for any contract of reinsurance shall ·oe paid by the State Treasurer out of the Industrial Accident Fund and charged against t he account of t he catastrophe Insurance Premium Fund. Every contract of reinsurance shall specify that the insuring company or compa nies reinsure the Industrial Accident F.und from .l oss by r eason of catastrophes during the term of such insurance, within the limits as to amount expressed in the contract, and that the insuring company -waives all right to question any award for claims gTowing out of a catastrophe or claimed to grow out of cat astrophe, and that the insuring company will accept as final the awards made by the courts under the Wyoming Workmen's Compensation Law, and will abide by such awards, and will promptly repay to the Industrial Accident Fund all the payments made by it during the term of such insurance under catastrophe awards. Each contract shall also provide that the insuring company disclai1:1s all right to appear in or contest any proceedmg under the Workmen's Compensation Law. No payment made out of the Industrial Accident Fund which is repaid to the Industrial Accident Fun_d by an insurance company shall be charged agam~t the account of the Catastrophe Insurance Premml? Fund or against the account of the employ~r m whose mine the catastrophe accurred. [L. 25, c. 159, §7. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource State of Wyoming Workmen's Compensation Act and Acts Relating Thereto With All Amendments To Date - May 1, 1933 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1933-05-01 Subject The topic of the resource Documents regarding the Workmen's Compensation Act and amendments. Description An account of the resource An 8.75" x 3.75" beige booklet with black text and handwriting in the upper right corner. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource H. R. Weston Identifier An unambiguous reference to the resource within a given context 1-0164 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.