https://haylibrary.cvlcollections.org/files/original/905f2e76a220bacbfce2ead81fd02186.pdf 37c679b92bef247464b414957467231f PDF Text Text -lHHE-**************·lE-*-X··X·*·X·******•:f-l<-o'❖ ·X··X-·lE-*·lE-·lE-·lE-******** '***********·lHC·*·****-*-X·*·lE-***·X-·lE-*·X-*·X--X··X··X-·X-**·lE--l(•******* STATE OF WYOMING W(())lTI{lWEl\T9§ (()OMIPJEN§Alil(O)N ACl PEACE OFFICERS' INDEMNITY FUND COAL MINE CATASTROPHE INSURANCE FUND FIREMEN'S PENSION FUND And Acts Relating Tlzereto With All Amendments to Date MARCH 1, 1935 Compiled By J. KIRK BALDWIN, STATE TREASURER CHEYENNE, WYOMING �STATE OF WYOMING I I ,II' Workmen's Compepsation Act PEACE OFFICERS' INDEMNITY FUND COAL MINE CATASTROPHE INSURANCE FUND FIREMEN'S PENSION FUND And Acts Relating Thereto With All Amendments to Date MARCH 1, 1935 Compiled by J. KIRK BALDWIN, STATE TREASURER Cheyenne, Wyoming 1/ I ~ I' �WORKMEN'S COMPENSATION ACT CHAPTER 12-l R. S. 193 1 Section . 124-101. 124-102. 124-103. Prairie Publishing Co. Casper, \'{yo . . 1935 ~ Name o f law. General p rovis ion s. Provisions exclu siv e, comp ul ory and ob ligatory. 124- 104. Extra-h:iza rd ous occ upations defined . 124-105. Exceptions . 124-106-7 . Definition s. 124-108. Guardian may act fo r persons un de r di sab ili ty. 12-t-109. If other tha n em ploye r is liable. 12-t- 110. T his chapter governs as to liability of employer. 124-111. Blank forms s uppl ied by state treasurer. 124-112. R epo rts of accident. 12-t-113. I 11\'estiga tion by th e di strict judge-Procedure in di sputed cases. 124-11-+. Appeal to sup rem e court. 124- 115. Cou rt ord er record ed - Copies to auditor and treas urer. 124-116. Industrial accident fund-Appropriation 1 124-117. Employers' assessments. 124-118. Filipg of payrolls with state treasurer.124-119. In spectors - Failure to pay assessment Penalty. 124-120. Compensation schedule. 124-121. Additional compensation for disfigurement. 124-122. Compensation for hernia. 124-123. Forfeiture by injured employe- Payments withheld. 124-12-t. Exemption from execution or attachment. 124-125. :Minor workman. 124~126. Extra-hazardous public work-Cont,act work. 124-127. Safety devices. 124-128. Unlawful to receive more than 5 per cent of compensation for services rendered. 124-129. Physician$ required to testify. 124-130. False statement by employee. 124-131. Annual report by state treasurer. 124-132. Examination by state treasurer. 124-133. Disabled workman examined by employer's physician-Recovery reported to court. 12-l-13-t. Employes' statements of dependent persons. 124-135. Assignment of rights and benefits. �4 WORKMEN 'S COMPENSATION ACT *124-136-A. Closing of accounts. .124-136. Actions against employer independent of chapter. 124-137. Reopening of cases. 124-138. Bills to be itemized-Time ~f filing. 124-139. Notification by doctor. 124-140. Awards. 124-141. Deferred payment account. 124-142. Bribery. 124-101. Name of law. This chapter shall be known as the "workmen's compensation law." [L. 'IS, c. 124, § 1; C. S. '20, § 4315. Workm~n•s con1pc~s~tion act wou)d be ,·alid as to the remainder «:ven _1£ the_ prov1s1on for non-payment for the first ten days was mvahd, being severable. Zancanelli v. Central Coal & Coke Co., 25 Wyo. 511, 173 P . 981. \V_o~kmen's compensation act is \talid , and not contrary to any prov1S1on of the state or federal constitutions. Id. \Vorlancn's compensation act docs not violate amendment to «;onst.,, a~t. l 0, § 4, providing compensation "to each person inJ!!red, . m that no compensation is allowed for first 10 days of d1sab1hty. Id. . Workmen's compensation act, § 124-113, does not deny the nght of an cmployc to be represented by counsel in view of § 124•128, relating to fees of attorneys. Id. ' Workmen's compensation act is not unconstitutional in that the provision that children over the age of 16 shall not be considered dependents unless incapacitated. Id . \Vorh.--rnen's compensation act is not unconstitutional in that nonresident alien family of deceased employc shall receive only 33 per cent of amount allowed to residents of state. Id. This chapter held, not based on unreasonable classification, citing canst. art. l § 34. Ideal Ilakery v. Schryver, 43 \¥yo. 108, 299 P. 284 . Under § 124-124. providing that no money payable under this chaipter. shall, prior to issuance and delivery of warrant therefor, "pass to any other person by operation of law," the rights of an injured employe to , compensation provided for in §§ 124•102, 124-103, 124•113, did not pass to his administrator as an asset of his estate on his death after a ward had been made, but before tbe issuance or delivery of the warrant provided for in § 124-115, since in its ordinary and usual sense within § 112-101, the phrase ccby operation of Jaw," when used to describe a method by which title to property is transferred. includes a transfer by intestacy. La Chappelle v. Union Pacific Coal Co., 29 Wyo. 449, 214 P. 587. This chapkr cited in State v. Carter, 30 Wyo. 22, 43, 215 P . 477, 484. Findings on evidence in compensation contest conclusive. Standard Oil Co. of Indiana v. Sulliivan, 33 Wyo. 223, 237 P. 253. Award not conjectural, though different finding justified. Id. Under this chapter there is a prima facie right to compensation when disability or death is result of an injury sustained in ext;ahazardous employment and the right thereto should not be demcd unless the injury was due solely to the negligence of the work• man whose injury or death is the basis of the claim, and the burden of proving such affirmaitivc defense is on the employer, in view of § 124-112. Hotelling v. Fargo-Western Oil Co., 33 Wyo. 240, 238 P. 542. '.Total disability sl:ould not be declared permanent, unless cer• tam. Carter Oil Co. v. Gibson, 34 \Vyo. 53, 241 P. 219. Evidence held, to justify finding that total disability was per• manent. Id. Legislature may impose duty on court reporter of making transcripts oi compensation cases free of cost. In re Winborne, 34 Wyo. 349, 244 P. 135. .__,...__,it-=: •T ~ hi;,:;s.,;s~e~c,tion omitted in R. S. 1931. WORKMEN' S COMPE NSATION ACT 5 This chapter cited in construing §§ 124-1 04 and 124-IO i. In re Karas, 34 Wyo. 35 7, 243 P . 593. Rule that ~n case o f conflic ting evidence appellate court wiJl not . reverse Judgment support ed by substantial evidence, hc1 d, a.pphcable to cases under this chapter. ?\fcl\f ahon v. Midwest Refining Co., 36 Wyo. 90, 252 P . 1027. This chapter cited in constru ing certain sections hereof. In re Hibler. 37 Wyo. 332, 26 1 P . 648. This chapter cit ed in R cin lsma v. Standard Oil Co., 37 W yo. 4il, 263 P . 619, annotated under § 124 114. Cited in construing ~ 124-112. In re ~rartini, 38 \,Vyo. 172, 265 P . 70i . In re McConnell v . l\lu rphy Ilros., 45 \Vyo. 289. 124-102. General pro"isions. Compen sat ion herein provided for shall be paya ble to persons in jured in extra-hazardou s employm e nts, as herein defined, or the dependent fam ilies of such, a die, as the r esult of such injuries, except in case of injuries du e solely to the culpable negligence of the in ju red cmp loyes. Said compensation shall be payable from fund s in th e state treasury to be acc umul ated and maintained in the maner herein provid ed. The right of each empl oye to compen sation fr om such fund s shall be in lieu of and shall take th e place of a ny a nd all rig hts of act ion against any employe r contributing, as required by law, to such fund in favor of a ny such person or per sons by reason of any such injury or death. Sections 23129, 89-403 and 89-404, and all laws or parts of law s relating to damages for injuries or death from injuries ::ir in anywise in conflict with this chapter are hereby repealed, as to the employments, emplpyers and employes coming within the term s of this chapter. [L. '15, C. 124, § 2; C. S. '20, § 4316. Quoted in Zancanelli v. Central Coal & Coke Co., 25 Wyo. 51 l, 173 P. 981: and in Ideal Bakery v. Schryver, etc., 43 Wy o. 108. 299 P. 284 . Cited in La Chappelle v. Union Pacific Coal Co., 29 \¥yo. 449, 214 P. 587. annotated under § 124-101. The word 11 solely," as usc<l in Const. art. 10, § 4, and this section. enacted pursuant to authority there given, is a word of exclusion. and may he usecl to mean "'only" or "e..xclusivcly, 0 and as used must be given a reasonable meaning, in view of the known policy of thiis chapter. Hotelling v. Fargo--\Vestern Oil Co .. 33 Wyo. 240, 238 P . 542. Proof held. insufficient to sustain affirmative defense that workman's death was due solely to his own negligence; fellow workman's negligence immaterial. Id. City cmploye, injured while impounding animals, which occupation was not within compensation law, could not recover compensation, though also employed as truck driver, which was within law. Leslie v. City of Casper, 42 Wyo. 44, 288 P. 15. 124-103. Provisions exclusive, compulsory and obligatory. The rights and remedies provided in this chapter for an employe on account of an injury shall be exclusive of all other rights and remedies of such employe, his pers·onal or legal representatives or dependent family at common law or otherwise on account of such injury; and the terms, conditions and provisions of this chapter for the payment of compensation and the amount thereof for injuries sustained or death resulting from such injuries shall be exclusive, -compulsory and obligatory upon both employers and employe_§ cpming wit!}i_n the provisions hereof. [L. 'IS, c. 124, § 3; C. S. '20, § 4317. Q;oted in Zancanelli v. Central Coal & Coke Co., 25 \¥yo. 511, 173 P. 981. Cited in La Chappelle v. Union Pa~ific Coal Co., 29 Wyo. 449, 214 P. 587, annotated under § 124•101. �\VORIOI EN'S CO ~[ PENSATI ON ACT WORKMEN 'S COMPENSATION ACT 124-104. Extra-Hazardous occupations defined. The extr~-hazardous occupations to which this chapter is ap?h~able arc as follows : Factories, garages, mills, prmtmg plants and wo rk-shops where m achin ery is used; foundrie s, blast furnaces, mines, oil well s, oil refineries, gasoline filling stations a nd bulk oil s tations, gas works, nat ural gas plants, water works reduction works, b. r e we r i es, distilleries, eleva~ors, dredges, c.,cavations, transfe r compa nies, genera l teaming, general trucking, ditch rid er of irrigation districts, smelters, powder works, laundries _operated by power, kitchen ~mpl oyees a nd waiters, whose employment requires th em to go to an d from kitchens. of hotels, restaurants, a nd bakeries, quarries, eng in ee ring works, logging, lumber .yard s, lumb ering a nd saw mill operations, dud e ranchin g . s treet and interurb an railroads not e11gagecl in interstate commerce, buildings being constructed , r epaired, m oved o r demolis hed, painting operations, tele,r>Iio nc, teleg raph, electric light or power plants or lines, steam hea ting or powe r plants, railroads not e ngaged in inter state com merce, bridge building, the occupations of city or tow n firemen and city q_r town policeman, and all empl oy ments wherein a PI.occss rcguiring the use of a ny dangero us explosives or inflammable materials is carried on, which is conducted for the purpose of business trade or gain, each of which employment is hereby determined to be extra-hazardous a nd in which, from th e nature, conditions or means of prosecutio n of th e work therein required risks to the life ai1d limb of the workmen engaged therein arc inherent, necessary or substantiallv unavoidable. This chapter shall not apply in any ~ase where the injury occurred before this chapter takes effect, and to al1 rig hts which have accru~d by reason of any such injury prior to the taking effect of this chapter, shall he saved the remedies now existing therefor. [L. '31, c. 94, § 1; amending L . '29. c. 46, § 1; L. '23, c. 60, § 1; L , '21, § 138, § I; C. S. '20, § 4318; S. L . '35, c. 100. 124-106-7. Definitions. In this chapte r unl ess the context otherwi se r equ ires: • Questions of neg-Ji(!"encc ior injury rccei,·c<l in extra-hazardous occupations stake!. Hotdling "· Fargo-\Vcstcrn Oil Co .. 33 \\'yo. 240. 238 P . 542. PJa.stercr. contracting- to mo,·e hou se :ind hiring helper. held. employer rnl,!ag-e<l in moving huiildings. In re Karas, 34 ,vyo. 357, 243 P. 593. Cited in L esliP , ·. 1ity o f Ca sper. 42 Wyo. 44. 288 P . 15, annotat ed under § 124-102. Quot<:<! in Ideal Bakery "· Schry ver, etc., 4J \\' yo. 108. 299 P. 284. 124-105. Exceptions. This chapter shall not be construed to apply to business or employments, which. accordini! to law arc so engaged in interstate commerce as to be 1iot subject to the legislative power of the state nor to persons injured while they are so engaged, nor to any cmploye engaged in domestic ser_vice, ranch, farm, agricultural, or horticultural labor, or stock raising, or any person holding an appointment as sheriff, or deputy sheriff, or constable or deputy con stable. [L. '23. c. 60, § 2, an1ending ~§4319. 7 (a) "Factories" mean an y prem ises wh er e power is used in manu factur in g, mak ing, altering, adapt in g, ornamentin g, fin ishin g, r epairi ng or renovating, any article for the pu rpo_e of trade or gain, or the business carired on th erein , inclu din g expressly any brick ya rd, meat packing hou se, fou nd ry, m elter, ore reduction works, lime-burning plant, stucco plant, s team hea ti ng plant, electr ic lig htin g or power pla nt, incJ.ud ing all works in or dir ectly co nnec ted with th e construction, in stalla tion, operat ion, alteration, r emo \·al or repair of wires, cables, s witch boa rds or apparatus use d fo r th e transmi ssion of electric current, an d water power plant, including towe r and standpipes, po wer pla nt, blas t fu rnaces, paper m ill, pri ntin g plant, flo ur mill, glass factory, cemcn~ plant, artificial gas plant, machine or r epair s hop, oil plant, oil refinery plan t and chemical manufact ur ing plant; (b) "V.rork shop" means any yard, plant, premises, room or place where powe r dri ven ~1ach ine ry is employe d and manual labor is exe rcised by way of trade or gain, or otherwise inc idental to the process of making, altering, r ep ai ri ng, printi ng o r orna mentin g, finishing or adaptin g for sale or oth erwi se an y article or part of ar ticle, over wh ich premises, room or place th e employe r of th e person \yorking therein has the right of access or con trol; (c) " :Mill" m ea ns any plant, premises, room o r place where machinery is used, any process of machinery, changing, alterin g or re pairin g any art icle or commodity for sale or otherwise together with the yard s and premises which are a part of the plant including elevators, warehou ses and bunkers, saw mill, sash factory or other work in the lumber industry; (cl) "Mine" means any opening in the e<!I,th for the purpose of extracting iron, oil; coal, or other minerals and all underground workings, slopes, drifts, shafts, galleries, wells and tunnels, and other ways, cuts and openings connected therewith, including tl1ose in the course of being opened, sunk or driven. and includes all the appurt~nant structures or machinery at or about the openings of the mine, and any adjoining adjacent work place where the material from a mine is prepared for use or shipment; (e) "Quarry" means any place, not a mine, where stone, slate, clay, sand, gravel or other solid material is dug or otherwise removed from the earth · for · the purpose of trade or bargain or of the employer's trade or business; t (f) ''.Building work" means any work in the erection, construction, extension, decoration, alteration, _repair or demolition of any building or structural ap- . purtenances; (g) "Engineering work" means any work in the construction, alteration, extension, repair or demolition of a railway (as hereinbefore defined) bridge, jetty, dike, dam, reservoir, underground conduit, sewer, oil or gas well, oil tank, gas tank, water tank or tower, or any caisson work in artificially compressed air, any lj �I /8 ?f' WORKMEN'S COMPENSATION ACT / ' /work in ?redgjn_g, work . on log or lumber rafts or bo~ms; i;iile dnv1:i?", movmg buildings, moving safes, or m laying,_ repam_ng or r~mo".ing u~1derground pipes and C~l!..nections;. the erection, mstallmg, repairing, or remo:'mg o~ bo1l~rs, fun_1aces , engin_~s and pow er machmery (m~ludmg_ bcltmg and other conections) ; '.3'lld any work 111 gra_gmg or excavating where shoring 1s neceJsary or pow~r machinery or blasting powder dynamite or other high explosive is in use (excludin g mining and quarrying); (g-1) "Dude ranching" for the purpose of thi s cha~ter is defined and !!J.ea_ns a ranch_ conducted primarily for th~ accomodat1on and entertainment of guests for monetary consideration; (h) "Employer" includes any municipality, county, person or body of persons, corporate or incorporate and the le!f11 representative of a deceased employe; or the receiver or a trustee of a person, corporation association or partnership; ' (i) "Vvorkman" means any person who ha s ente r ed into the employment of or works under contract of service or apprenticeship with an employer, except a person whose employment is purely casual and not for the purpose of the employer's trade or business, or those engaged in clerica_l work, aJ_1d_ not subject to the hazards of the business, or one holding an official position. The term "workman" shall include " employe" and the term "employe" shall include "work-ma!!" and each shall include the singular and plural of both sexes. Any reference to a workman who has been injured shall, where the workman is dead, include a reference to his "dependent family" as hereinafter:_ defined, or to his legal representative, or where the workman is a minor or inco!}'lpetent to his guardian or next friend; (j) "Dependent families" as used in this chapter means such members of- the workman's family as were wholly or in part actually dependent upon the workman for support at the time of the injury. No spouse shall be entitled to the benefits of this chapter nor shall such fact influence any awards made hereunder unless he or she shall have been married to the workman by a marriage duly solemnized by legal ceremony at the time of the injury; (k) "Child or children" means the immediate offspring or legally adopted child or children of the injured workman, boys under eighteen (18) years of age and girls under eighteen (18) years of age (and over said age, if physically or mentally incapacitated from earning) and shall also include legitimate children of the injured workman born after his death or injury. In other cases, questions of family dependency in whole or in part shall be determined in accordance with the fact, as the case may be, at the time of the injury; the foregoing definition of "dependent families" sh_all not }n_clude any of the persons named, who are aliens res1dmg beyond the jurisdiction of the United States o~ America, except a surviving widow or boys . u~der eighteen (18) years of age or girls under ~!e':~ 08) years of age, or parent or parents, and ~ --~uch non-resident aliens the rate of compensa- WORKMEN 'S COMPENSATION ACT 9 tion shall not exceed thirty-three and one-third per cent (33½ % ) of the rates of compensation herein provided; (I) The words "injuries su stained in extra-hazardous employment," as used in thi s cha pter, shall include death resulting from injury, and in juri es to employes, as a result of their employ ment and while at work in or about the premises occupied, used or co ntro ll ed by the employer, and injuries occ urrin g elsewhere w hile at work in places where th eir em ploye r's bu sine s requires their prese nce and subj ects them to extra-hazardous duti es inc ident to the business, but shall not include injuries of th e em ploye occurring wh il e on his way to ass um e th e duti es of his employment or after leaving such duties, the proxim ate caus e of which injury is no t the employer's negligence; (m) T_he words " injury and personal inj ury" shall not include injury ca used by th e wilful act of a thi r d person directed aga in st an em ploye for r easons personal to such employe, or beca use of hi s employmen t : nor a dis ease, excep t as it shall directl y result from an injury incurred in th e emp loymen t ; (n) "Invalid" mean s one w ho is ph ys icall y or me ntally incapacitated from earning wages. \Vhcther cmploye's work is casual or fo r purpose of employer's trade or bu siness, within thisi section, defining workm an, depen ds on iacts of individu al case. In re Ka ras, J4 Wyo. 357, 243 P . 593. Hou se mover's cmpl oye, driving tractor, held , workman, within compensation Jaw, thoug h employment was casual. l<l. Subdivision (I) held, to include injuries suffered through the performance of all duti es ol the employment, whether m::iin or incidental thereto but called for by it. Ideal Bakery v. Schryver, etc., 4J Wyo. 108, 299 P. 284. Cited In re Martini , JS \\' yo. 172, 265 P. 707, annotated under 124-112. 124-108. Guardian may act for persons under disability. In case an injured workman is mentally incompetent or a minor, or where death results from the injury, in ease any of his dependents, as herein defined be mentally incompetent or a minor, at the time when any right, or privilege accrues to him under this chapter, his guardian may, in his behalf, claim and exercise such right or privilege and no limitation of time, in this chapter provided for, shall run, so long as such incompeten_t or minor has no guardian. [L. '15, c. 124 § 7; C. S. '20, § 4322. 124-109. If other than employer is liable. Where an employe coming under the provisions of this chapter receives an injury under circumstances creating a legal liability i_n some person other than the employer to pay damages in respect thereof, and no legal liability attaches to the employer, then and in such case such employe shall be left to his remedy at law against such oth_er person, and eq_mpensation s!:!_all not be payable under this chapter. [L. '15, c. 124, § 8; C. S. '20, § 4323. 124-110. This chapter governs as to liability of employer. No contract, rule, regulation or device whatsoever shall operate to relieve the employer, in whole I!i �12 WORKMEN'S COYfP ENSATION ACT 1- - - - - - - -- - -- - - - - -- \bY _him ascertained and the terms of this chapter . If here be a_dispute, as to tl~e right o _£said injured emloye or his dependent family t9 receive compensation, r as_to_the amount thereof, then it shall be th e duty ~11f said Judge to set the case down for a hearing a t the earliest possible date and to direct notice of such hearing to be issued by the cl~rk of said ~ourt for servic,; upon the employer and the employe at least sev_en (7~ days_ before the date fixed for said hearing, which said notice shall be served by the sheriff of said county without expen se to either party, except th a t his actual traveling expenses shall be allowed and taxed, as costs. The hearing shall be conducted upon the statement ~nd report filed by the employe r, arid such formal claims as may be presented and fil ed w ith the clerk of the district court by or on behalf of t he injui:e~ workman. If the e1111)loyer, in his report of the miury, all eges that the i1tiury was due solely t o the culpa_Qle negligence of the injured employe, or th a t the cla1pi for compensation is one not coming w ithin the provisions . of this chapter, then a jury may be demanded by either party and the cause shall be tried as a court p..roceeding. If a jury is demanded, it m a; be selected from nan1es dra\\'n from the five mile limit jury box, as in civil cases, at any time in term t ime or vacation unless a regular jury panel be in attendance at the co~rt on th~ date any such hearing may ?ccur. The takmg q_f evidence shall be summary, g iving a full opportunity to all parties to develop the fact s fully. The official c_Qurt reporter of the district court shall attend the hearing anj make a stenographic report of the evidence without cost to either party. The court or judge shall direct the county and prosecuting attorney, or other competent attorney appointed by the court to conduct the examination of witnesses on behalf of the injured workman, and it sl1all be th e ?uty ~f said attorney to appear and perform s~ch service without ~xpense to either party. The employer may appear 111 person or by counsel and introduce evidence at the same hearing. No costs shall be taxed by !he clerk except fees for witnesses, w ho may be subJoenaed and who shall be allowed the same fees. for atendance and mileage, as is fixed by law in civil actions, and jury costs §.hall also be tax~d. All such c?sts shalJ be paid from the accident fund, if th e ver?1ct a~1d Judgment be in favor of the employer; but if agamst the _employer then he shall pay the costs. At the conclus1on of the hearin g, the court shall enter an order pursu~nt to_ the_ verdict of the jury, if a jury be called, and 1f no Jury be called the court or judge shall render a decision upon the facts and law of the case pursuant to the_ provisions of this chapter~ and make an order allo\1/Jng or disallowing com_Qensation, as t~e law and the evidence may warrant. In-any pro- · cee?mg before a court or judge, as aforesaid, the court ?r Ju1ge sh~ll have . a~tho_rity to appoint a duly qualified llllPartJ~l phys1_c1an to examine the injured employe and_ give testnnony. The fee for such service shall be five doll_ars ($5.00), unless otherwise ordered , by the co~rt, with mileage allowance, as is allowed to _other w1tnes~es, which shal be taxed as costs, and pa1d as other witness fees are paid. The employer or emp 1oye may, at his own expense, also appoint a WO RK MEN 'S COMPENSATI ON ACT 13 qualified phys ician, wh o may e ttend and be present at any such examinati on of a n in jured em ploye a nd give testimo ny at such heari ng or inves tigation. Where an aw ard of compensation has bee n made in favor of an injured employe, a n app lica tion may be made to the court by either party, any _time after o ne year fr9m th e date of the awa rd. for a modificatio n of the am ount of th e award, on th e ground of increase or decrease of inca pacity du e solely to th e inju ry, or upon the ground of mistak e or fraud. [L. ' 15, c. 124, § 12 ; C. S. '20, § 4327, S. L. '33, C. 129, § 2; . L , '35, c. 100. Thi s section does no t deny the right of a.n emp loyc to be rep• resented by counsel , in view o f § 124-128, relating to fees of attorneys. Zancanelli v. Central Coa l & Coke Co. , 25 W yo. 511, l i3 P. 981. Court in co mpensation proceeding held, authorized to secure expert tes timony on effect of injury. though bearing o n ultimate fac t. Saka moto v. Kemmerer Coal Co., 36 Wyo. 325, 255 P. 356. Refu sal to take com pensa tion case from jury after employer admitted there was no evidence o f worlanen's cupable ng ligcnce, held. n ot error. In re Hibler, 37 Wyo. 332, 26 1 P. 648 . Hearsay tes timo ny of deceased employ c's wife, concerning cmployc's s tat ements rlating to inju ry, adm issible where no objection was made at trial. Ideal Bakery v. Schryver, 43 \ Vyo, 108, 299 P. 284. Cited in L a Chap pelle v. Union Pacific Coal Co. , 29 ·w yo. 449. 214 P . 5Si , annotated un de r § 124-1 01. C ited in ~lidwes t Refin in g Co. v. George, 4 1 Wyo. 55, 28 1 P . 1005, annota ted under § 124- 140. ?\I idwcs t R efin ing Co. v. George, 44 \\Tyo. 25. 124-114. Appeal to i,upreme court. A ny ord er given a nd made in an y in vestigation or hearing by a cou rt or judge, pursuant to th e provisions of this chapter, shall µ_e revi ewable by the state supreme court on proceedings in error in the manner prescribed by th e code of civil procedure; provided, however, that the petition in error, bill of exceptions and record on appeal must be filed in the suprem e court within seventy (i0) days from the date of decision or order on motion for new trial by a court or judge, unless the time be extended by order of court or judge; and fi(teen (15) days shall be allowed plaintiff in error thereafter for filing brief, and fifteen (15) days thereafter shall be allowed defendant in error for filing brief, and said appeal shall be advanced on the calendar and disposed of as promptly as possible. In case an appeal to . the supre!J.le court is p.rosecuted on behalf of the in'}ured workman, the county and prosecuting 11,ttorne:v, or other attorney representing said workman, shall order a transcript of the record of the hearing and proceeding to be prepared by the official court reporter of th_g district w.l!_erein said injury occurred and duly certified without cost to said injured workman, and said county and prosecuting attorney or other attorney shall order the papers on file in the office of the clerk of the district court to be by said clerk prepared, transcripted, certified and forwarded to the clerk of the suprem~ court, without CO§t to the iruured workman, and the proceedings in the supreme court, shall be conducted on behalf of the injured workman by the attorney general of the state as part of his official duties, and by any other attorney representing �WORKMEN'S C01v!PENSATION ACT WORKME N'S COMPENSATI O ACT 15 said workman. In case an appeal be prosecuted on behalf of the employer, the record of the proceedings at the original hearing shall be supplied without cost to such employer, but such employer may employ cqunscl to conduct such appeal on his behalf. The court granting a·n appeal to an employer from an order of award shall stay, until the appeal is finally determined, the payment of said award or that portion ther~of appealed from upon such terms as may to the court seem just and proP._er. [L. '31, c. 73, § 59, amending L. '25, C. }24, § 2 ; C, S. '20, § 4328. shall 'be immedia tely made a nd certifi ed by said clerk and forwarded to t he sta te a ud ito r and sta~ treasurer, respectively, of W yomin g, a nd sha ll be by eac h of said officers entered upo n a r ecord to be kn ow n as the compen satio n docket, and sha ll be the authori ty and direction of th e sta te auditor to issue wa rrants for com pe nsation award against the industrial accident fund a nd fo r the tate trea mer to pay such compensation aw a rds frorp sa id fun d. [L. '15, c. 124, § 14; C. s. '20, § 4329. Law permitting- retention of fees by reporter for transcripts he1d. not to repeal Jaw requiring transcripts in compensation cases to be fumished without cost to parties. In re \Vinborne, 34 \,Vyo. 349, 244 P. 135. Cited in L a Chappelle v. Union Pacific Coal Co., 29 \\"yo. 449, 214 P. 587, annotated unde r § 12·1-101. Cost of transcript, in appeal under thisi chapter, not contingent c,..-pensc payable out of industrial accident fund, nor from interest earned by said fund. 124-116. Industrial accident fund- Appropriation. There is hereby created a fund to be known as the "industrial accident fun d," which shall be held by the state treasurer a nd by him deposited in such ba nks as are auth ori zed to receive deposits of the fu nds of the state. T he treas urer in making sa id deposits shall divide th e said industr ial accide nt fu nd into tw o distinct fund s, one lo be kn o wn as the "ge11eral fund" and the other to be · know n as th e "r eserve fund." The "general fund" as near as may be, shall be used for p~yment of all awards, claims and items of expense chargeable against the industrial accident fund, and the "reserve fund" shall not be used for any of said payments unless the "general fund" at the time is insufficient to meet the demands upon it, in which case the treasurer shall transfer from the "reserve fund" to the "general fund" a sufficient amount to meet the immediate demands upon said "general fund ." The purpose of creating said "reserve fund" is to provide a fund within the industrial accident fund sufficiently large to pay great and unusual demands upon the industrial accident fund which might be caused by a large disaster or by several such disasters occurring within a short time, and .the "reserve fund'.' shall be kept apart from the "general fund," a~d as near as may b!! unus~d in accordl!_nce with said purpose. The state treasurer shall set aside in the "reserve fund" at the end of each month twenty-five per cent (25%) of all moneys received in the industrial accident fund during said month in excess of the amount expended, the balance of moneys so received to be used in the "general fund." Three-fourths of the "reserve fund" shall be as near as may be kept invested in United States government bonds, state, county, school district or municipal bonds. All moneys received by the state treasurer under the provisions of this chapter shall become a part of the industrial accident fund. All fees or mileage of witnesses, jurors and physicians adjudged to be paic! from the accident fu!!d in any court proceeding under this chapter, and all contingent expenses incurr~d in preparing for and in the ad.m inistration of this chapter shall be P,aid from the industrial accident fund ·on proper vouchers and warrants. [L. '31, c. 73, § 60, •amending L. '21, c. 65, § 1; C. S. '20, § 4330. Judgment on substantial evidence in compensation case is conclusiYe. 11fcll[ahon v. Midwest Refining Co., 36 \Vyo. 90 , 252 P. 1027. \Vherc petition in error and record in compensation case were not filed within time limited. the supreme court was without jur,isdiction. Ritsma v. Standard Oil Co .. 37 \Vyo. 471, 263 P. 619. ~fotion for new trial, under this section, n1ust be filed wit.hin 10 days from final order. and, where not so fik-d , error proceedings must be dismissed where motion for a new trial was neces sary. Standard Oil Co. v. Buchanan, 39 Wyo. 372, 271 P. 876. Procedure on appeal in ordinary civil cases applies to cases under compensation act, except as otherwise provided. Id. Assignment of error in motion for new trial not urged in brief is waiYed. Ideal Dakery v. Schryver, 43 Wyo. 108, 299 P. 284. Unless an appeal frOm ::m order, in proceedings under this chapter, is perfected by filin!<' record in supreme court within 30 days thereafter as required by this section, or as extended by order of court or jjudtJC, the supreme court has no jurisdiction of the case on appeal. In re Krivokapich, 41 Wyo. 9, 281 P . 195. F~ilurc of parties appealing from award of compensation proceedtngs to file record within statutory period required dismissal. Id. Case dismissed for failure to perfect appeal in time. l\'[arsh v. Aljoe, 43 Wyo. 345. . Procccdin,qs heh!, rc,·icwablc hy direct appeal except where altered, in \'iew of this sction. Marsh v. Aljoe, 41 \Vyo. 119, 282 P. l055. District court held. authr:irizcd to make second extension order for perfecting appeal to supreme court. Id. Rit::h! of compensation cJaim::mt to attorney general's services must yield to state trcas1.rc:r's right thereto, ·when he petitions to reopen ca~e. Id. Supreme court has no jjurisdiction of appca.1 in compensation procccding-s taken after expiration oi statutory period , therefore without order c-xtcnfling time.. In re Canlas , 42 Wyo. 59, 289 P. 368. General km1 s oi compensation law. fixing time for filing record on appea1. were applicahlc to filin~ record in compensation cases uncle,: subsc<Jucmly created appellate procedure. In re Contas, 42 Wyo. 9~. 291 P. 314. To entitle record on _appeal to he filed within statutory period, docket fees mus t he pa1il to cleric within time allowed. Id. A1,pellant has dut y of seeing that his record on appeal is for\\ a r (lt:tl to supreme court a 3 rc,1uirecl by law. Ic1. 124-115. Co~ order recorded-Copies to auditor ~d treasurer. _Jwery order given and made by a district ~ourt ?r Judge awarding payment from the industrial acc1de1_1t fund to an injured employe or his dependent family, shall be entered of record by the clerk of the court where given and true copies thereof "'Contingent expenses" payable out of industrial accident fund. refers only to expenses in :ad~inis_tration of state df:p.artments, docs not include cost of transcript m appeal under thlSl chapter. 1n re Winborne, 34 Wyo. 349, 244 P. 13S. I' �TI I 16 I WORKME N ·s CO M P E NS ATION A CT \,VO RK MEN'S COMPE N SAT ION ACT 124-117. Employers' assessments. Every employer who shall engage in any of the extra-hazard~u s occupations defined in this Act shall at th e tim e of commencing such employment pay to . the State Treasurer for credit upon the account of such employer in 'the indu strial accident fund, an initial sum of fifty dollars ($50.00) . E very employer en gaged in any of the occupati? ns herein d<;! fined as ex tra-haza rdous is hereby required to pay mto the sta te tr easury for' the benefit of th e industrial accident fund a sum of money equal to on e and one-half per cent. (l ½o/o ) of the money earned by each of his employes engaged in such e..xtra-hazardous employm ent dur ing each calendar month of such employment. S uch payment shall be so made on or before th e 15th day of the month following the month for which such p ayments are computed a nd paid . E ach employer shall continue to make monthly contributio ns as a bove pr ovdied unless his account, after making the her einafter specified deduction s therefr om, shall eq ual full t\\' O per cent. (2 %) of his anual payroll computed by multiplying his current month' s pay roll of workm en engaged in extra-hazardou s employmen t by tw elve and shall likewise be not less than three th o usand dollars ($3,000.00); provided ,- how ever, that any employer whose account is overdrawn shall be r eq ui red to pay monthly a sum of money (includin g th e pa yments as above specified) equal to four per cent . (4%) of the money earneg by each of his employcs engaged in such extra-hazardous employment d urin g each calendar month of such -employment until such overdraft shall be paid. Such employ er shall n ot b e compelled to contribute w hen his contribution s in the fund. after making deductions as afo resaid , shall equal two per cent. (2 %) of his annual payroll , a nd shall likewise be not less than three thou sa nd dollars ($3,000.00) . T he se rvice a nd policing cha rge shall be comp uted on the monthly prem ium paid by th e in divid ual employer in to th e state tr ea sury fo r th e benefit of th e indu strial acc ident fun d du r ing each calc1.1dar m on th, or on the premium w hich th e em ploye r wo uld have been r equir ed to pay ha d not the am oun t of the employer's balance r elieved him fr om the paymen t of a premium . In addition to the other payments required by this section to be paid into the indu strial accident f1:1nd, every employer engaged in any of th e occupat10ns herein defined as extra-hazardous shall make a payment to be kno\\'n as a ''service and policing charge." Such service and policing charge shall be paid b?' the employer into the sta te treas ury for the be nefit of the industrial accident fund and shall not be credited to the balance of the employer contributing. The amount of balance in the industrial accident fun_d to the employer's credit shall not relieve him _his duty and liability to pay the service and pohcmg charge; provided, however. that no employer wh~ pays for any calendar month four per cent. (4 % ) 0 the moneys earned by each of his employes engage<1 in such extra-hazardous employment during su_ch cald endar month shall be compelled to pay a service an policing charge for such mpnth. o! Eve:y employer, . who, f?r any reason , in:cludi~~ cessation of operations, fails to pay a service a policing charge of not less than tw9 ($2.~0) dolla:5 during each calendar month, shall be reqmred to 1? Y an initial sum of five ($5.00) dollars upon re.sumin~ or being required to resume payment of service an policing charge. 17 The am ount of the se rv ice and policing charge shall be determin ed according to th e fo ll owing sched ule. Se rvice an d Policing Charge \/\There th e monthly payment is for month less than $' H).01... .............................................. ~ .$ 2.00 10.01 to 20.00 ....... ... ................ ... 3.00 20.0 1 to 30.00 .. ....... .. ............ .. ...... 5.00 30.01 to 40.00................................ 7.00 40.01 to 50.00 ................. 9.00 50.01 to 60.00.... . 1l.00 60.01 to 70.00 ... 13.00 70.01 to 80.00................. 15.00 80.01 to 90.00 ..... 17.00 90.01 to 100.00 ....... .. ... ..... ..... .. . I 9.00 I 00.01 to 150.00 .... .. .. ......... .. ...... .. . 25.00 150.01 to 200.00 ... .... ............. 45.00 200.01 to 300.00 . 50.00 300.01 to 400.00 ............................... 60.00 400.01 to 500.00 .. ........ ................... 75 .00 500.01 to 750.00 .... .. ................... ... ... . 11 5.00 750.01 to 1,000.00 .... ... ...... .... ... ........ .... 125.00 1,000.01 to 1,500.00 .. ....................... 150.00 1.500.01 to 2,000.00 . .......................... 175.00 2.000.01 to 3.000.00. .. ... ......... 200.00 3,000.01 to 4;000.00 ... .. ............. ............ 225.00 4,000.01 to 5,000.00... .. .... .. ...... ... ...... 250.00 Over 5,000.01.. ......... .. ................ . ..... 275 .00 Provided, however, in that the expense of the administration of this chapter and of making the collections herein fixed , is greater as to non-resident employers engaged in extra-hazardous occupations, than such expense obtains to such employers bona fide domiciled within the State .of Wyoming, the service and policing charge, upon the monthl y premium paid by non-resident employers en·g aged in extrahazardous occupations, sh:i,11 be double the foregoing schedule, as the same applies to resident employers engaged in extra hazardous occupations. "Non-resident" employers of extra-hazardous occupations shall give borrd or other security in the sum of five hundred dollars ($500.00), to be ~pproved hy the State Treasurer or his deputies, before sta rting the work. The contract of said bond or other security shall be conditioned that the said employer will faithfully perform all the duties imposed by this Act upon employers engaged in extra-hazard~us occupations and promptly pay into the state treasury, at the time and in the manner set forth in Section 124-117 of the Revised Statu't"es of Wyoming, 1931, and all Acts amendatory or in aid th~eof, the sums of money required to be paid by employers in extra-hazardous occupations. Ancl to this end, "non-resident" em- I I I ii jl 1! ii Ii I �WORKME N'S COMPENSA TI O 18 WORK~lE:1\'S CO~[PENSATION ACT ployers engaged in extra hazar_dous occupations are her£by requi~d, before starting work, and from time to time after such work has h_een started, to report to the State Treasurer the nature and progress of such work, the location of the same and the number of employes engaged in and upon the work and likely to be so engaged for the next thirty (30) days givin g such further and detailed information as the State Treasurer-mar reasonably demand. The willful failur e or negligence on the pai::_t of any "non-reside nt" em ployer of extra-hazardous occupations to give said security, to make the reports, and/or to furnish th e information required b,· this Section, shall be a m isdemeanor, and upon conviction. such em ploye r s hall be punished by a fine of not less than five hu nd red dollars ($500.00) or more than five thou sand dolla r s ($5,000.00) , recoverable with costs in any co urt of competent jurisdiction. Provided, how ever, that " nonresident" employers of extra-hazardous occupat io ns shall not be required to give bond or other ,sectll"ity for any payment or payments required of th em fo r the "service and policing charge" reciuired by thi s Section. And the requirements of this Sectio n that "non-resident" employers of extra-hazardous occupations shall give bond or other securitv. shall no t ap ply to "service and policing charges" herein provid ed . The term "non-resident" employers of extra-haza rdous occupations, in this connection, shall be construed as an employer of labor engaged in extra-hazardous occupations, who for the previous twelve months has not been a continuous contributor to the compensation fund as in this Chanter nrovided. and who has not been bona fide domiciled in, or a resident of the State of Wyoming continuously for the preceding twelve months next prior to eni:r~agin,:(" in the business of an "employer of labor in extra-hazardous occupation." \Vhen any such employer. shall contribute to said fund as required b~, tl}is Chapter, for twelve conseetttive months immediately prior to the commencement within this State of the occupation, the requirrment to ·pav double the service and police charge shall cease. For the purpose of encouraging care on the part of the emplovers and thus decreasing accidents to emploves, ?nd to the end that each employer shall compensate all injuries to the workmen of such employer and not those of other employers, the State Treasurer shall keep a separate account for each emplover ~o contributing to said fund anrl shall charge aQ"ainst the account of each emplon•r all warrants paid from the industrial accident fund: (a) As awards for injuries to employcs of such employer: (b) In payment of medical and surgical supplies aml medical or hospital attendance· of an employe 0 .f such employer; <c) In payment for investigations of accidents . of such employer, or in payment in investigations of 111 juries t_o his employes; (d) In payment of witness fees and other costs 3:s herein provided in cases wherein an order of award 15 ACT 19 granted to the employc of such employer. [L. '27, c. 111 § 2; L. '25, C. 124, § 3; L, '23, C. 60, §7; C. S. '20, § 4331; S. L. 33, C. 129, § 3; L. ' 35, C. 100. Cited In r e Wi nborn e, 34 W yo. 349, 244 P . 135, a nnota ted under § 124-114 . 124-118. Filing of ·payrolls with state treasurer. I t shall be the duty of each emp loye r to fo rward to the state trea surer, on a bl an k fo rm prov ided by said state tresaurer, a tru e copy of his pay roll of pe rso ns in his employ en gaged in £2( tra-h azardo u emplo)-;ment d uring th~ curr~nt ca lenda r m onth, sworn to ei th er by himself or th e pe rson havin g knowledge of said payrolls. E ach em ployer, un le otherwise up plied with the last above blaryj;: fo rm s, shall seasonably app ly to said state treas urer for th e sam e; and any employer who shall fail , neglec t or refuse to furnish s uch true copy of his payroll of persons in hi employ, or s hall refuse to malce the month ly premium payments as provided by th e term s of this cha pter wh en they become due, and again st wh om an award is made to any in jured workman in hi emp loy, shall be personally liable to th e state of \;I, yom ing, fo r th e us e and benefit of the industrial acc id ent fund, to be recovered by suit broug ht by the sta te on the rela tion of the state treasurer, in a sum equa l to suc h award or awa rd s as arc entered fo r payment fr om th e workm en's compensation fund, of the state of Wyoming. The entry of final ord er by the judge of a district court havin g jurisdiction of such ca use approving and allowing an award of compen sation shall be prima faci e proof of the liability of an employer so failin g to comply with this provision of this £_hapter ; provided, that nonresident employers, upon engaging in any extrahazardous occupation as defined in this chapter, and having in their employ work,nen performing such extra-hazardous work, shall be deemed from the date of the commencement of such work, to have designated the secretary of state of the state of \,Vyoming their agent for service of any process upon them in am· action prosecuted hereinunder; and further, provided, that the secretary of state, upon the receipt of any process shall send the same bv registered mail to the address of the addressee only, and shall request that a return receipt for same be furnished. The provisions of this section shall not modify any other provisions of this chapter, but shall be deemed to be in addition thereto. It sh,gll further be the duty of each employe·r heretofore mentioned to notify the state treasurer in the event that he has ceased to employ workmen in occupations of an extra-hazardous nature as defined by this chapter. Any failure of any such employer to file with said state treasurer a i::opy of his payroll as herein provided, shall be a misdemeanor, and an)' wilfully false statement in any affidavit made as herein provided shall likewise constitute a misdemeanor, and any misdemeanor committed in violation of this section shall be punishable by a fine of not more than five hundred dollars $500.00. [L. '29, c. 119, § 1, amending L. '27, c. 111 , § 3; L . '23, c. 60, § 8; C. S. '20, § 4332. I lj I I I �20 WORKMEN'S COMPENSATION ACT \\TORKMEN 'S COMPENSATION ACT 124-119. Inspectors-Failure to pay assessmentPenalty. The state treasurer is authorized and empowered, for the purpose of enforcing the provisions of this chapter, to appoint two i1:spectors, the salaries and actual and necessary traveling expenses of such inspectors to be paid out of the industrial accident fund. In case any employer engaged in any extrahazardous business or industry, as defined by this chapter, shall fail or refuse to pav the assessment upon his current monthly payroll, as is required by this chapter, he shall be guilty of a misdem~-inor and shall be punished by a fine of not more than five hundr ed dollars ($500.00), and in addition to the said fin e it shall be the dutv of the attorney general of this state to immed.iately ·bring suit in t!}e name of the state for the benefit of the industria.1 accident fund ag ain s t such employer, for the collection of such assessm ent, and if a iudgment for the recovery of said a ssess m ent be given in favor of the state for the use and benefit of the industrial accident fund, said judgment shall b e for double the amount of the payroll assessment provided in § 124-117, together with costs. [L. '27, c. 111, § 4, amending L. '23, c. 60, § 9, C. S. '20, § 4333 . The loss of a third or d i§ tal phalangc of th e thumb shal be considered to be equ al to the loss of one- ha lf of such thumb; the loss o f th e more than one-half of such thumb shall be co nsid ered to be equal to th e loss of the whole thumb. The loss of a third or di sta l phala nge of a ny finge r shall be con sidered to be eq ua l to the loss of twothirds of such fin ge r. The loss o f m ore than the m idd le and d ista l phalanges of an y fi nge r shall be consider ed to be eq ua l to the loss of th e w hole fi nge r ; pro vided, however, that in 110 case shall th e amount receiv ed for mo re than one fin ge r exceed th e am ount ni thi schedule for the loss of a ha nd. For the loss of a g rea t to e ............ ............ ...... $200 .00 For the loss of one of th e to es othe r than great toe .... .. .... .. . ..................... .. . 150.00 The loss o f more tha n two-thi rd s of any toe s ha ll be consid er ed equ a l to the loss of the whole toe. The loss of less th a n t wo-third s of a ny toe sha ll be considered eqi1al to th e loss o f one-ha lf of th e toe. For th e loss of a foo t . ..... $ 1200.00 For th e loss of a leg bel ow tire kn ee .. 1500.00 For the loss of a leg above th e kn ee .... 1800.00 For the loss of an eye or the sight thereof 1800.00 124-120. Compensation schedule. Each empl oye, who shall be injured in any of the extra-hazardous employments as herein defined, or the dependent famil y of any such injure clworkmen, who may die as the result of such injuries, except in case of injuries du e solely to the culpable negligence of such injured employe, shall receive out of the industrial acci~ent fund, compensation in accordance with the following schedule, and such right and payment shall be in lieu of and take the place of any and all rights of action against any employer contributing, as required b~, this chapter, to the industrial acicdent fund in favor of any person or persons by reason of any such injuries or death. (a) "Permanent partial disability" means the loss of either one foot, one leg, one hand, one arm, one eye, or the sight of one eye, one or more fingers, one or more toes, and dislocation w]ic_re the ligan1ents are severed, or any other injury known to surgery to be permanent partial disability. For any permanent partial disability hereinafter specifically described: resulting from an injury, the workman shall receive a lump sum as follows: For the loss of a thumb . . .. $ 337.50 For the loss of a first finger ..... 300.00 For the loss of a second finger 225.00 For the loss of a third finger. 225.00 For the loss of a fourth finger. 225.00 For the loss of a palm (metacarpal bone) .. 900.00 For the loss of a hand ..... .... ...... ........ .............. 1500.00 For the loss of in arm at or below elbow .. 1800.00 For the loss of an arm above elbo~v .............. 200.00 For anky-losis (total stiffness of) or contractures (due to scars or injuries) which make the finger or fingers useless, the same amounts apply to such finger or fingers ( not thumb) as given above. 21 J, In any case where an y employe suffers an accident under the terms of this Act, and who loses an y part of the body which can be replaced by artificial m eans, such employe , in addition to the benefits of this Act, shalI be en titled to an artificial replacement thereof in an amount not to exceed one hundred and fifty ($150.00) dollars. For any other injury known to surgery to be permanent partial dis<\bility, the workman shall receive a sum in the amount proportional to the extent of such permanent partial disability based as near as may be upon the foregoing schedule, but in every case of permanent partial disability the amount allowed for the injury shall be paid in monthly installments at· the rate of fifty dollars ($50.00) per month if the workman be unmarried at the time of the injury, and at the rate of sixty dollars ($60.00) per month if the workman has a wife at the time of the injury; provided however, that the court making such award shall ret;in jurisdiction of the same until said award shall have been fully paid, with power to modify or change the amount of the award to conform to any change .in the condition of the injured worlanan -and shall have power at any time during said period, upon application and hearing, with notice to the employer, and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the injured workman as a lump sum. (b) "Permanent total disability" means the loss of both legs or both arms, total loss of eyesight, paralysis or other conditions perman_e ntly incapacitating the workman from performing any work at any gainful l· I �22 \ VORKME N'S COMPE N S ATIO N ACT WORK MEN 'S COMPE N SATION ACT occupation. vVhere !~ere has been a previous p ermanent partial disab1hty, as the loss of one eye, or the sight thereof, one !1':1-Ild, _one _!oot, or an y ot her previous permanent partial d1salnh~y, th e a wa r d _fo r a subsequent injury shall be de termmed b? d educ tin g therefrom the amount of th e award paid fo r such previous permanent partial disability._ ~/\/ hen p erman ent total disability re sult s from th e mJury th e w o rkman shall° receive the sum of four tllousand dollars ($4,000.00), but in every su~h ~ase the am~unt all ow ed for the injurv shall be paid m monthl y mstall me nt s at the rate o-f fifty dollars ($50.00) per mont h if th e workman be unmarried at th e tim e of t he injury, an d at the rate of sixty dollars ($60.00) per m onth if t he worlnnan has a wife at the time of the injury; pro vided however that the court makin g such a,Ya rd shall 'retain jurisdiction of the same until said award shall have been fully paid. with powe r to m odify or change the amount of th e award to con fo r m to any change in the condition of the injured w orkman, and shall have power at any tim e durin g said pe riod, upon application and hearing, with notice to the empl oyer. and a showing of the necessity therefor, to order all o r any part of the unpaid balance of the' aw a rd t~ be paid to the injured workman as a lump sum ; p rovi ded that if the workman shall die leavin g a n unpaid balance of the award, then such unpaid bala nc e sha ll be returned to the industrial accident fund a nd be cr edited to the employer's balance. If the workma n s uff er ing such permanent total disability have a boy or b oy s under eighteen (18) years of age, or girl or g irl s u nd er eighten (18) years of age, the gu;irdian of such child or children appointed as hereinafter provided , shall receive for the use and benefit of said child or children, a lump sum of one hundred and twenty dollars ($120.00) per year for each boy under eighteen (18) vears until the time when each of said bovs shall be~ome eighteen (18) years of age, and a lump sum of one hundred and twe1.1ty dollars ($120.00) per ye~r for each girl under eighteen (18) years of age until the time when each of said girls shall become eighteen (18) years of age; provided, that the aggregate lump sum paid to said guardian shall in no case exceed four thou sand -dollars ($4.000.00) , a nd a1i y and all awards made on acount of any such child or children, ~hall be disbursed und er a proper guarfidia nship to be created by the court or judge making such award. ments shall not exceed nin ety dqllars ($90.00) per month. N o com pensa tion, exce pt the ex pense of m edical attention, shall be allo wed fo r the first eve n (7) days of disability, unless th e incapac ity extends beyond the period of twenty-one (2 1) days, in which case the com_pc nsation shall run from the ti me of the injury. As soo n as r ecove ry is so complete that th e earning power of t he wo rkman at any kind of wo rk is restor.£.d, th e pa yments shall cease, but in no ca e where compensation is awa rded for permanent partial disability or permanen t total disability, shall there be deducted th erefr om anv amount awarded and paid, on acount of tempora ry- total disability. \/\'hen the workman has no n-r e ident alien children, he shall r eceive onl y one-third of th e sum above fixed for boys under eigh teen ( 18) years of age and girls under eightee n ( 18) years of age. (c ) ''Tt:mporary total di~ahility" means an injury which, though it may result of does result in a pe~manent total or partial disability, temporarily incapacitatcs th e injured person from performing any w<?rk at any gainful occupation for the time but from which ir~jury such per~on may recover by ' medical or surgical treatment and be able to resume work. In such cas e. if the workman be unmarried at the time of the injury, he shall receive th e sum of fifty clollars ($50.00) per month, so long as the total disability shall continu e. If he have a wife at the time of the injury, h_e shall receive sixty dollars ($60.00) per month, and if he ha\·e a boy or boys under eighteen (18) years of age or girl or girl s under eighteen (18) years of agef, or both, he shall receive for each, seven and one-hal dollars ($7.50) per month, but the total monthly pay- • , ':\~ ~ (d) In all C-!_ses of temporary total disab ility, permanent partial disab ility a_!:! d permanen t total disability, th e expe nse of medical attention and of care in hos pital of th e injured workm an shall be 1 aid from date of sa id injury, th e expense of medi ca l t reatment not to c..x cecd one hundred an d fif ty doll ars ($ 150.00) in an y case and th e expense of care in hospital no t to exceed one hu ndr ed an d fi fty dollars ($ 150.00) in any case, unless· un der ge neral arrangement the workman is e ntitl ed to medica l a tt ent ion a nd car e in hospital, or th e em ployer fu rni shes ad equa te a nd proper medica l a tten t ion and hospital fac ilities to his employes; provided, howeve r, tha t no bill or fee fo r med ical attention or care in hospital shall be all owed or paid without notice to th e em ployer and a hea rin g if requ es ted by said employer. T he sta te treas urer shall have the power to c;s tablish a schedule fixin g th e fees for which all medical, surgical, hos pital or oth er legalized forms of trea tm ent rendered to employes under this section shall be compensated. Each ph ysician or surgeon attending a workman injured while engaged in e2Stra-hazardou s occupations sh~ll file with the clerk of the court of th e county within which such injury occurred and with the state treasurer, under rules to be prescribed by the state treasurer, a ful and complete report fully describing the nature of the injuries to such workman; pi:ovided, that such report shall not be required unless the disability resulting from such injury lasts through the day or the injury requires medical services other than the ordinary first aid treatment. Any physician or surgeon failing to file any report as herein provided shall be punished by a fine of not more t!_rnn fifty dollars ($50.00) . \¥here death results from an injury, the expense of burial shall be paid not to exceed two hundred fifty dollars ($250.00) in any case, unless other arrangements exist between employer and cm• ploye under agreement ; (I) But if the workman leaves a widow or invalid widower to whom he or she has been regularl y married 'by a marriage duly solemnized by a legal ceremony such surviving spouse shall receive the sum of two th~usand dollars ($2,000.00), but in every such case the said award shall be paid in monthly installments at the rate of forty-five dollars ($45.00) per �2+ WORKMEl\'S CO:-lPENSATION ACT month; provided, however. that the cqurt makin g such award may upon application and hearin g, with notice tothe employer and a showing of the necessity therefor order all or any part of th e unp a id balance of the a'ward to be paid \o the surv iving spouse as a Jump sum. If the sur vivi ng spouse ~hall re-m arry before all of said award has been paid, th en he or she shall only be entitled to receive the sum of two hundred and seve nty dollars ($2i0.00) out of th e un paid balance of said awa'.d. a nd further pay m ent sha ll cease, and any balance ot the a\\·ard shall r~vert to t he dependent children. if any there be ; and if th ere b e no dependent children the unpaid bala nce of such award shall return to the general fund a nd the sam e shall be credited to the employer's balance; if th e urYiving spouse shall die before all of said a ward has been paid, then the unpaid b_a lan ce s hall revert _to th e dependent children, if any; 1f no dependent childr en , then such balance shall .revert to the general fund and be credited to the employer' s balance ; provided, in any case where the surviving spouse shall re-ma rry o r die before all of the awarg_ has been paid, the r emaining balance shall be paid to the surviving d_eQ end ent children in the following man ner : In ascert am mg the amount to be paid to each survivin g child in the case of male children, the ag e of such male child shall be iigured from the time of the death or r e-m_arri age. of such sun·iving spouse until such male child attams the age of eiFhteen (18) years, and in the case of female children, the time shall be fi gu red fron~ th e tim e of the death or re-marriage _of such survl\'~1g spouse until such female child attains th e age of eighteen (18) years, and the unpaid balance of such award shall be divided in each instance by the number of months between such periods of tim e. In case of the death of any of such surviving children. th e portion of such awasd made payable to such chil_d _by the term s hereof shall be divided among the surv1v1ng children pro rata; provided, fur-ther, that if all of th e sur\"iving children should die before the unpaid balance of the award is entirely distributed, then the remaining undistributed portion of such award s hall revert to th e general fund and be credited to the employer's balance. If said workman leaves a surviving boy or boys under eighteen (18) years of age or girl or girls under eighten years of age the ' guardian of such child or chilsJrcn ar_>pointed as hereinaft 7r provided, shall receive for the use and benefit of said child or children. a lump sum of one hundred and twenty clollars ($120.00) per yea r for each surviving boy under eighteen (18) ~ca rs of age until the time when each of said surviving bovs shall hecomc eighteen (18) years of age, and a lump sum of one hundred and tw enty dollars ($120.00) per year for each surviving girl under eighteen (18) years of age until the time when each of said surviving girls shall become eighteen (18) years of age; provide<!, that the aggregate lump sum paid to said guardian shall in no ca~c exceed three thousand, six hundred dollars ($3,600.00). In all cases where an order of compensation is made on account of boys under eighteen (18) years of age, or girl s under eighteen ( 18) years of age. or both, or to persons incompetent, said fund shall WORKME N' COi\i P E NSATION ACT 25 be disbursed und er a prope r guardian ship to be crea ted by the court or judge making uch an ord er. (2) If th e injured workman d ie during th e period of tempol'.ary total disabil ity and after receiving compensation th erefor, as herein provid d, and his d ea th be shown to have r es ul ted fr om such injuries, th e widow and th e guardian of th e workman's l;>oys und er eighteen ( 18) y~a rs of age and g irls und er ~ig htcen (18) years of age sha ll be entitl ed to an award because of th e death of th e workm a n, as herein provided, b ut the total am ount of pa ym ents in excess of two t housand, four hun dred dollar ($2,400.00) r eceived by th e injured workm an durin g such di ability an d prior to his death shall be proporti onately deducted from the amounts herein p rovi ded to be pa id to the surviving widow and the guard ian o f th e w orkman' boys under eightee n (18) years o f age an d g irl s under eighteen ( I 8) year;; of age. (3) If any_w orkm an di e within one yea r fr om the elate of re ceiving an award fo r permane nt par tial di ability and his c!_e~th be shown to hav e resul ted from th e injuries fo r whic h the award was g r~-~1ted, the widow and th e guardian of th e workman's boys un der eighteen ( 18) yea rs of age, a nd g irl s u_nder eighteen (18) yea rs of age shall be entitled to an award because of th e deat h of the workman , as herein p rov id ed, but the amoun ts of th e payments r eceived b y th e in jured workman prior to his death shall be proportionatel y deducted from the amounts herein provi~ed to be paid to the survivi ng widow and the guardian o f th e workman' s boys und er eighteen (18) years of age and g irl s und er eig ht ee n ( 18) yea rs of age. (4) If anv workman di e within two yea rs fr om the elate of rec eiving an award for permanent total dis abilitv and his death be shown to have resulted fr om his i~juries, the widow of said workman shall be entitled to an award because of the death of the workman, as herein provid!!d, but the amount of the payments received by the injured workman in excess of two thousand dollars ($2,000.00) prior to his death shall be deducted from the amount of her award. (5) If the workman leaves no widow, or widow-:r. or boy under the age of eighteen (18) years, or girl under the age of eighteen (18) year~, _but leaves a parent or parents surviving. such surv1vmg pare1;t or parents. if living in the United States, shall receive a lump sum of fifteen hundred dollars ($1,500,00): provided, a parent or parents. who arc dep~ndents and who are non-resident aliens, shall receive a lump sum of one-third of fifteen hundred dollars ($1 ,500.00). [L. '31, c. 94, § 4, amending L . '29, c. 48, § I; L. :29, c. 64, § I; L. '27, c. 111, § 5; L. '25, C. 124, § 4; L. ,23, c. 60, §§ 10, 11; L. '21, c. 138, §§ 5, 6, 7; C. S. 20, § 4334 ; S. L. '33, c. 129, § 4; s. L. '35, C. 100. Under sub-division b hereof. policy to allow more for children of a disahlccl than for those of a deceased workman held. a ques• lion for the legislature. In re Brennan, 29 Wyo. 116, 210 P. 9 39. 37 Award for "permanent total disability'_' made only in c1 ea r c~ e Standard Oil Co. of Indiana v. Sullivan, 33 Wyo. 2 2 3, P. 253. �• I 26 WORKMEN'S COMPENSATION ACT WORKME N' S COMPENSATI ON ACT E,;dence showing employe's loss of fingers on both bands held to justify award for permanent total disability. Sakamoto v.' I<cm: mcrcr' Coal Co., 36 \Vyo. 325, 255 P. 356. Employ_er had bu~dcn o f proof that cmployc persisted in inj uri• ous practices retardmg recovery. I d. Sum paid for temporary t otal disability should be deducted from total permanent disability awa rd. Id. Emp]oye held, entitled to payment of compensation in man ne r provided by statute in effect al time of injury. In re Hibler J i Wyo. 332, 261 P. 648. ' Generally speaking the lci;islaturc did not intend doubl e compensation to injured emplorcs. under provisions of this sectio n. l\larsh v. Aljoc, 41 ,Yyo. 220. ::?84 1-> . 260; nanotatcd also under § 124-137. Sub. A. Standard Oil Co. (Ind.) "· Ervin, 44 Wyo. 88. )ucConncll v. Murphy Bros., et al. , 45 \Vyo. 289 (a-c). Shaul "· C. F. & I. Co., 46 Wyo. 549. 124-121. Additional compensation for disfigurement. In all cases of temporary total disability or perman en t partial disability where the workman shall suffer permanent disfigurement to the face or head of a nature so great as to affect the workman's earning capacity in securing employment, the workman shall receive in proportion to the extent of such disfigurement, ~ lump sum in addition, not to exceed five hundred dollars ($500.00). The court shall take into consideration in making tl:!._e award any former disfigurement to th e face or head oi such workman. [L. '22, c. 64, § 2. 124-122. Compensation for hernia. A workman in order to be entitled to compensation for hernia must clearly •prove: 1. That the hernia is of recent origin; 2. That its appearance was accompanied by pain; 3. That it was immediately preceded by some accidental strain suffered in the course of the employment; 4. That it did not exist prior to the date of the all~ged injury. If a workman, after establishing his nght to compensation for hernia, as above provided, elects not to be operated upon, and the hernia becomes strangulated in the future the results from such strangulation will not be compensated." [L. '29, c. 110, § l; S. L. '35, c. -1, § 1. _124-123. Forfeiture by injured employe--Payments wtt:J:iheld. If_ a!ly. injured employe shall persist in unsamtary or_ mJunous practice which tends to imperil or retard l11s recovery, or if he shall refuse to submit to sue~ medical or surgical treatment, as is reasonably e~scnttal to promot_e his recovery, he shall forfeit all ng~t _to compensation under this chapter; and where an ll~Jl!red cmploye is under care and treatment of a Ph_Ys1c1an , he s_hall not be permitted to personally receive or 1;1se any compensation payments allowed him unde~ . this chapter, except upon the order of such Ph}'.s 1c1an, but such payments shall be withheld and dchv_ered to such injured workman upon his recovery or discharge by such physician [L '15 c 124 § 20· C. s. '20, § 4335. • • ' • ' ' lllodd. ification <>f instruction as to effect of injujrious practices ret:ir mg rc:co,·ery of injured t I Id • I re Hibler, 37 Wyo. 322 , 261 P. oye, 1c , not improper. n 6~f. 27 To "persist" in in jurious practices tctarcli ng injured cmployc's recovery means to co ntinue .1 gainst opposi tion or remonstrance. Id. 124-124. Exemption from execution or attachment. No money paid or payab le under this chap ter out of the industr@l ac cident fund shall, prior to iss uance and deliv ery of th e wa rrant ther efo r, be -capable of being assigned, cha rged nor even be taken in execution or by garnishm e_!} t. Any such assignment, attachment, garni shmen t or charge sha ll be void. [L. '3 1, c. 73, § 61 1 amendi ng L. ' 15, c. 124, § 2 1: C. . '20, § 4336; s. L. '33, C. § 5; . L. '35, c. 100. Cited in L a Chappelle v. Uuion P acific 214 P . 587. oal Co., 29 \Vyo. 449, 124-125. Minor workman. A minor workin g a t an age legall y permitted under the law s of this state shall be deemed sui juris fo r th e pu r pose of this chap ter and no other person shall hav e a n): ~ause of ac ti on or ri g ht to compen sation fo r injury to such m inor work ma n, except as ex pressly provid ed in this chapter; but in the event of a lu m p sum payment becoming due under this chapter to such minor workman, the management of same ~hall be within the probate jurisdiction of the courts the same as any other properties of minors. [L. '15, C. 124, § 22 ; C. s. '20, § 4337. 124-126. Extra-hazardous public work-Contract work. Whenever the state, county or any municipal corporation shall engage in any extra-hazardous work in which workmen are employed for wages, this chapter shall be applicable thereto. The employer's payments into the industrial accident fund shall be made from the treasury of the state, county or municipality. If said work is being done by contr!!_ct the payroll of , the contractor and the sub-contractor shall be the basis of computation and in the case of contract work consuming l~s than one year in performance the required payment into the a£_cident fund shall be subject to the prRvisions of this chapter and the state for its general fund, the county or municipal corporation shall be entitled to collect from the contractor the full amount payable to the industrial accident fund and the contract9r, in turn, shall be entitled to collect from the sub-contractor his proportionate amount of payment; the provisions of this section shall apply to a.11 extra-hazardous work done by contr_act, except that in private· work the contractor shall be responsible, primarily and directly, to the industrial accident fund for the proper percentage of the total payroll of the work and for the amounts due it, and the owner of the property affected by the contract shall be surety for such payments. Whenever, and so long as under the state law, city charter or municipal ordinance, provision is made for municipal employes injured in the course of employment, such employe shall not be entitled to the benefits of this chapter and shall not be included in the payroll of the municipality under this chapter. [L. '15, c. 124, § 23; C. S. '20, § 4338. �WORKM EN'S COMPENSATION ACT 28 29 WORKMEN 'S COMPENSATION ACT 124-131. Annual report by state treasurer. It shall be the duty of th e state tr eas ur er to sec ure and cimpile statistical in fo rm at io n concerning accident occurring in th e extra -haza rd ous employments defined by this cha pter, show in g the number of accidents or fatalities occurrin g in eac h of said employ ment , the amount paid in by eac h employer com ing within th e provisions of thi s chapte r ; the amount paid out on account of injuries, or d ea th r esulting f!:_om inj urie in such employments; a ns! any other informa tion relating to th e operation or adm inis tra ti on of this chapter that may be of inter est; and to 11ake a full repo rt thereof. toge th er with such recommendations as he may deem pro pe r fo r changes or amendments herein, and to publish a fu ll report th ereof, to the governor, on or befo re th e 31st day o f D ecember in each yea r . [L. '15, c. 124, § 28; L. ' 17, c. 69, § 7; C. S. '20, § 4343. 124-127. ·Safety devices. Nothing in this chapter • contained shall repeal any existing law providing for the installation or maintenance of any device, means or method for the prevention of accidents in extrahazardous work or for a penalty or punishment for failure to install or maint~in any such protective d evice, means or method . [L. '15, c. 124, § 24; C. S. '20, § 4339. 124-128.. Unlawful to receive more than 5% of compensation for services rendered. It shall b.e unlawful for any person or any number of persons acting together or separately or in any way, including attorneys, agents, interpreters, and all other persons, to reC:_ejve or agree to receive either directly or indirec tl y from any beneficiary or beneficiaries under this chapter, for services rendered or to be rendered , eith er jointly or separately, in relation to procuring any benefit or be!)efits under this chapter, an y sum o r sums aggregating more than five per centum of th e whole amount received or to be received b y such beneficiary or beneficiaries, on account of injuries to any employe, and in no event to exceed fiift y d olla rs ($50.00). Every 'person violating or concern ed in th e violation of the provisions of this section shall b e guilty of a misdemeanor, and upon conviction th ereof shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), to whi ch may be added imprisonment in the county jail for a term not exceeding ninety days. It shall be the duty of the county a·nd prosecuting attorney of the county in which any injury occurs to give all necessary legal advice to any i_njured workman, or his dependents, who ma}~ seek advice in making and filing claims for compensation, and to prepare all statements of claim or other papers necessarv or advisable to be filed bv such workman or dependents, free of all charges ancl costs. [L. '21, c. 138. § 8, amending C. S. '20, § 4340. 124-132. Examination by state treasurer. The sta te treas ur er ma y, at any time on tw enty-four hours' notice ( unl ess such no_tice is wav ied by th e empl oye r) either in person or throug h any author ized inspecto r, agent or deputy, examin e the books, accounts or payr oll s of any employe r at any tim e fo r th e pu r pose of sec urin g a ny information de sired in the administration of thi~ cha1:i ter. (L. '27, c. 111 , § 6, amendin g C. S. '20, § 4344. Cited in Z:mcanelli v. Central Coal & Coke Co., 25 \Vyo. 511, 173 P. 981, annotatc<l under § 124-113. Cited as to :tttorncy's fres in In re Hib1cr, 37 ,vyo. 261 P. 648. 332, 124-129. Physicians required to testify. Any physician having attended an employe in a professional capacity may be required to testify before any court or judge when so directed, in cases coming within. t_he provisions of this chapter, and the law of pn~1leged c_ommunication between physician and patient. as fixed hr statute shall not apply in such cases. [L. '15, c. 124. § 26; C. S. '20, § 4341. Stanrlard Oil Co. (Ind.) ,·. Ervin, 44 \\Tyo. 88, Osteopaths. 124-130. False statement by employe. Any employe o: workman who shall make or cause to be made on his behalf any misrepresentation or false statement for the purpose <"!f receiving compensation under this ch~pter _to wl~1ch he is not lawfully entitled shall be g_UI!ty ot a nnsdcmeanor, and shall on conviction, be fme~ no_t more than three hundred dollars ($300.00), or impnsonc:d for not more than ninety (90) days. [L. '15, c. 124, § 27; C. S. '20, § 4342. !. 124-133. Disabled workman examined by employer's physician-Recovery reported to court. A ny workman awarded compensa tion fo r temporary total di sability under this chap ter, as defin ed by clause (c) of § 124120 shall, if th ereafter requ es ted by his empl oye r submit him self for m edical examination by a physician licensed to practice medicine in this state, at a place designated by th e empl oye r and which shall be reaso nably conveni ent for the workman, and sa id workman niay have a licen sed ph ys ician prese nt of his ow n selection. The purpose of such examination shall be to determine whether the- workman has recovered so that his earning power at any kind of work ·is restored. If it be agreed that the workman has recovered so that his earning power at any kind of work is restored, the fact shall be reported by the employer and said physician to the judge of the district court, who made the award in the first instance, or if there be a dispute as to the recovery of the workman and his restoration to earning power, it shall be likewise reported to ·said judge, by filing a statement in either case in the office of the clerk of the district court of the county where the award was made, and the matter shall be disposed of in such manner as said judge may deem proper under the facts. If said judge finds that said workman has recovered and has been restored to his earning power and that compensation should be discontinued, his decision and judgment in the premises shall be certified to the state auditor and stat-c treasurer and shall be authority and direction to said officers to discontinue compensation payments. If the workman. in such case, refuse to suQ_mit to such examination' or obstructs the same, his right to monthly payments shall be suspended until such examination �30 WORKME N ' S COMPENSATION ACT \l\' ORKME N'S COMPENSATION ACT has taken place, and no cornpensati?n shall be payable during or for account of such penod of refusal. [L. '15, c. 124, § 30; C. S. '20, § 4345. Standard Oil Co. (Ind.) v. Ervin, 44 \ Vyo. 88, Osteopath s. Shaul v. C. F . & I. Co., 46 Wyo. 549. 124-134. Ernployes' statements of dependent persons. All employes or wo rkm en coming within th e provisions of this chapter shall be required, up on entering service in any of the extra-hazardous employrn~ts herein deiin ed. to make and sign a written statement setting forth th e names of th e person s dependent upon th em for SUPP?:t o~ constituting ~1 ~rnbers of their dependent famthes , m each case g 1v111 g the names and ages of th eir boys und er th e age of sixteen (16) years and girls under the :ige of eig!1teen (18) years. [L. '23, c. 60. § 12, amendmg C. S. 20, § 4346. 124-135. Assignment of rights and benefits. • A ll payments made into the industrial accident fund by any and every employer under the provisions of this chapter shall be taken as paid and rec eived in co nsideration of the indemnity to such employer by r eason of his contributing to th e industrial accident fu nd , and in consideration of the J)ayments made by th e state to such fund; provided, ~iiat when an y employer engaged in an extra-hazardous occupation as defin ed in this chapter, has heretofore sold and conveyed, or shall hereafter sell and convey his or its property to a purchaser who continues to conduct and carry on said business at the same place, the seller shall be entitled to transfer and assign to the purchaser , all rig hts, benefits, privileges and immunities, accruing to such employer by virtue of any_sum then on deposit to his or its credit in the industrial accident fund in the state treasurv under the provisions of this character; and upon filing such assignment with th e state treasurer, the nurchaser shall succeed to all said rights. ben efits, privileges and immunities of said employer. ·said purchaser shall be subject to obligation s of compensation against the seller incurred and existing at the date of such assignm ent; proviclecl. that no part of an v moneys so paid in by any employer shall ever be refunded to him. either durin g the time when he continues in business as such employer. or after he ceases such business; provided, that every employer, operatini:r under the provi sion s of this chapter shall pay into said industrial accid ent fund the sum of at least five thousand dollars •($5,000.00): and provided, further, if this chapt er shall be hereafter repealed or held invalid. th e moneys which are in the industrial fund at the time shall he di stributed as mav. be provided by the legislature, and in default of such legislative provi sion, distribution thereof shall be in accordance with the ju stice of th e matter, due regard being had to oblig-ation ~ of compensation incurred and existing. [L. '21 , c. 76, § 1, am ending C. S. '20, § 4347. *124-136-A. Closing of accounts. An y b a I a n cc standing to the credit of any employer in the industrial • This section otnitt cd from Revised Statutes 1931. ·21. c. 68. See S. L. I I 31 accidcnj: fund for three years aft er said em ploy er shall have ceased to _engage in Wyom in g in th e occ upation on account of which his said co ntr ib utions hav e been made· shall be debited fr om his acco unt to th e profit and Joss account of said fu nd , a nd sai d employe r' s account shall b e th ereupon fi nall y closed, and th er eafter the said bala nce shall permanently remain a part of the indu stri al accid e'n t fund , 124-136. Actions against einployer independent of chapter. Noth ing in this chapter shall be con strued to limit or affect an y rig ht or action by an employe against an employer fo r inju r ies r eceived whi le in th e employ of such em p)oyc r w hen uch emp loye r a t the time of such injuries is not con tribu ting to th e industrial accident fun d as pro vided in this chapter . [L. '23, C. 60, § 13. 124-137. Re-opening of cases. T he state treasur er shall have the r ig ht to cause any case to be re-opened in which an ord er of awar d has been ma de, prov ided he shall cause a petit ion fo r th e r e-ope nin g of the case to be fil ed wi th the court w hich g ra nted the award, within thi rty clays a ft er th e date o n whi ch the order of award ·was r eceived in th e s tate treasurer's office. Such ·petition m ust s how probable cause th at error was made in th e amount of th e awa rd , or th e character of the award, or th e g ro unds on w hich th e award was made, a nd may sp£cify as a reason fo r re-opening the case existin g e,'.idence not given in the original hearing, showin g the ge neral nature and effect of such evidence. On the filin g of such a petition and on the court finding t hat probable cause is shown thereby, the court shall stay the award, and upon reasonable notice to all parties reopen the case and set the same for hearing de nova . The state treasurer mav take such part in the new hearing as he may dec·m advisable and shall have every right and privilege of a party to the cause. He shall have th_e right of ?PPeal to the supreme court from any order 1~ such new hearing either granting an award or refusmg to grant an aw~rd. He shall also have ·a right of appeal from an order refusing to re-open a case. In addition, and without the necessity of presenti~g any petition for the re-opening of a case to the tnal court, the state treasurer shall have the rig~t to appeal to the supreme court from any order or Judgment in any district court of the state awar~ing compensation or declining to award compensation. altl~ou~h he was not a party to the proceedings in suc!1 d~stnct court. Upon the perfecting of any appeal mshtuted by the state treasurer the court allowing the appeal shall issue an order staying the execution of the order or udgment appealed from without requirinf! an y bond. The attorney general. or his deputy or ass.1stant, shall act as the attorney of the state treasurer ·111 all c~~cs. All costs of new ·hearings granted upon the pctitwn of the state treasurer, and all costs of apl?eals conducted by the state treasurer, shall be paid by the industrial accident fund, except such c.9sts as the court in its discretion shall assess against any of the 1 �32 WORKMEN'S COMPENSATION ACT WORKME r 'S COMPENSATION ACT other parties to the cause. [L. '27, c. 111 § 7 amending L. '25, C. 124, § 5. ' ' the account of any emp loyer contributin g to the in dustrial accident fund shall be made with out notice to such employer and hea rin g, unl ess such emp loye r shall in ,yriting filed in th e co urt having jurisd iction consent thereto. Where the employer can not be pe rsonally served, substituted se rvi ce, as prov ided for in the code of civil procedure, may be had. [L. '25, c. 124, § 9; S. L. '33, C. 129 § 5. . \Vher~ the ~uty oi the attorney general to rcpr·escnt compcnsah~>n cla!man~ m s~premc cou rt , as part of his o fficial duties, conflicts ,nth his dunes to act as attorney for s tate treasurer in all cases, the duty first m entioned mu st yic1d to right of s tate treasurer to such services. Marsh ,·. Aljoc, 41 Wyo. 119, 282 P. JOSS. In ~ction uncle.r work-men's compensation law in which compcnsat10 11 was aware.led, application of s tate trc;surcr to reo pen case 01_1 ground, among otl~crs,. o f prior disability, should 11 o t be d_etcrmm~d on ex partc aff1dants, when based on new evidence. smcc lcg1slaturc contemplatcc'.1 that treasurer should be given adp~n~~t of regular trial. 1-larsh v. Alioe, 41 Wyo. 220 , 284 This section authorizing s tate treasurer to have case reopened mus t _be cons trued in ligh t of situation which was sought to be remedied hereby. Id. On s tate treas urer's application, based on new evidence. to reopen ~asc. co~rt must reopen case. if the new evidence will have a material bcarmg. I<l. . 124-138. Bi~s to be itemized-Time of filing. All bills for medical attendance, expenses or disbursements, and for hospital services, shall be properl y dated, itemized and verified by the claimant or the same shall be disallowed by the court, and ev~ry doc tor who shall attend an injured workman shall within ten (10) days after the first of the ~1onth succeedin~ that in whLch ~1e rendered services to the injured workman file with the clerk of the district court of the proper county, his itemized and verified bill for all services rendered by him and expense incurred in behalf of the injured workman during the previous month, and shall send a copy thereof to the state · trea~urer; a~d all claims for medical attendance or medical services not so filed within the time specified shall be disallowed by the court. [L. '25, c. 124, § 7. 124-139. Notification by doctor. Every doctor who acce~ts the . case of an injured workman, and every hospital wh1c_h ~ccepts th!! case of an injured workman, shall w~thm ten. (10) days after accepting such c~se _file a written notice thereof with the clerk of the d1~tr!ct c<;>urt, and shall send a copy of s;;ch notice w1th111 said ten 00) days to the state treasurer and anot_h~r copy within sai_g period to the employer of the InJU~ed workman. Any doctor or hospital failing or refus!ng to file the notice within the time designated wit~ t_he c~erk o~ the court, or to send copies thereof w1thm said penod to the state treasurer and the employer ?f the injured workman, shall forfeit a!1y re111unerat10n or award from the industrial accident fui:id_ for any services, care or attention rendered to s~ch mJured workman or anv facilities furnished to him. [L. '25, c. 124, § 8. • 12~-140. A~ds._ E~•~ry award within the meaning of this chapter 1s a JUd1c1al determination of the rights f the employer, the employe and the industrial accident _fund as_ to all matters involved. Except as otherwise_-~pec1fically provided in this chapter, the code of CIHI procedure shall govern in matters before the courts .of this state in reference to the workmen's compensation laws. No award of compensation or allowance of an,, • chargeable agamst • • ex1>cnse or c Iaim 0 33 An award of compensation to an injured employc is a fin al judRmcnt, unless expressly reserving jurisdiction to reo pen case. Midwest R efining Co. v. George, 41 W yo. 55, 281 P . 1005. 124-141. Deferred payment accoun t. \,V henever an order of award shall spec ify th at the award is to be paid in monthly payments, the state trea ure r shall charge the amo unt th ereof again s t the account of the employer of the injured workman and shall transfer the am ount of aid award fr om the gene ral fund into a deferred payment account, which accoun t s hall thereafter be alon e liable fo r th e payment of the award . Interest earn ed by the defe rr ed payment acco unt hall be paid into th e general fund , as well as all amounts repaid or return ed to sa id ge neral fund und er th e provisions of this chapter, or by rea on of modification of ord ers of a wa rd. vVhenever a modification of an order of award in creases th e amount of th e award, the additional amo unt shall be charged against th e employc.r's account and tran sferred f!:._om tg_e ge neral fund into th e defe rr ed payment account, and whenever a modificat ion of an order of award decreases the amount of the awa rd, th e am o unt of such decrease shall be transferred from the deferred payment account to the ge neral fu11d and credited to the account of the employer. [L. '27, c. 111, § 8. 124-142. Bribery. \i\Thoever corruptly gives, or promises to give pay, or imburse, or whoever offers to give, pay or imburse any court officer or employe, or any person emplo)•ed or concerned under the laws of this state in the administration of this chapter, either before or after his election, appointment or employment, any money or valuable thing, or corruptly offers or promises to do ~ny act beneficial to any person to influence his action or to secure his assistance in the administration of this chapter, and whoever, being a court officer .o r employe or a person employed under the laws of this state in the l!dministration of this chapter, either before or after his e~e.ction, qualification, appointment or employment, sohc1ts or receives any such money or valuable thing to influence him or to secure his assistance with respect to his official duty in any matter relating to the administration of this chapter, shall be deemed guilty of felony. and upon conviction thereof be imprisoned in the pemtentiary not more than fourteen (14) years. [L. '25, c. 97, § 1. I: �TABLES fo r computing amo unts d ue u nde r the prov1s1ons of the \.Vorkmcn's Com pen satio n Ac t and Peace Officers' Indemnity F und. F ollowing arc tables of monthly compensation fo r several amounts allowed by law, c omputations for which arc made for twcnty•dght, thirty and thirty•onc day months : Single 5 6 7 8 9 JO 11 12 13 14 15 16 17 JS 19 20 21 22 23 24 25 26 27 28 29 JO JI 28 1.7 9 3. 5i 5.J 6 7.14 S.93 10.7 1 12. 50 14.29 16.07 17.86 19.64 2 1.43 23.2 1 25.00 26. 79 28. 57 30.36 32. 14 33.9 3 35.71 37.50 39.29 41.07 42.86 44.64 -16.43 48.21 50.00 30 1. 66 3.33 5.00 6.67 S.JJ 10. 00 11. 67 13.33 15.00 16.6i 18.3 3 20.0 0 21. 67 23.33 25 .00 26.67 28.33 30.00 31.67 JJ.JJ 35.00 36.67 JS.33 40.00 41.67 -1 3.3 3 -15 .0 0 46.6 6 48.3 3 50.00 $50. 00 31 1. 6 1 J.23 4. 8 4 6.45 S.06 9.68 I l.2Y 12.90 1-1.52 16. 13 17.74 19.3 5 20.9i 22. 58 24. 19 2 5.8 1 27 .-12 29.0J 30.65 J~.26 33.s ; 35 .48 37.1 0 38.71 -10.32 41.94 43.55 45.1 6 46.7 7 48. 39 50.00 \ \.i<lowel· and one ch ild $5 7. 50 30 31 -8 2.05 1.92 1. 85 2 4.11 3.83 3.71 3 6. 16 5.75 5.56 4 8.2 1 7.67 7.-12 5 10.27 9.58 9.27 6 12.32 11.50 11.J 3 7 14.37 l 3.42 12.98 8 16.43 15.3J 14.84 17.25 9 18. 48 16.69 10 20.54 19. 17 18.55 ll 22.5 9 2 1. 08 20.4 0 12 24.64 23.00 22.26 13 26. 70 24.92 24.11 H 28. 75 26.83 25.97 15 28.75 27.82 30.80 16 32.86 30.67 29.68 17 34.9 1 J l.53 32. 58 36.96 18 34. 50 33.39 19 39.02 36.42 35. 2-1 20 4 1.07 38.33 37 . 10 21 43.1 2 40.2 5 38. 95 22 45 . 18 42.17 40. 8 1 47.23 44.08 42.66 23 24 49.28 46.00 44.52 51.34 47.92 46.37 25 49.83 -18.22 26 53. 39 55.44 5 1.75 SO.OS 27 53.66 51.93 28 57.50 53.79 55. 58 29 57.50 55 .64 30 57. 50 JI $60.00 JI 1.94 3.87 5.81 7.74 9.68 11.62 13.55 15.48 17.42 19.35 21.29 23.22 25.16 27.10 29.03 30.97 32.90 34.84 36.77 38.71 40.64 42.58 44.5 1 46.45 48.38 50.32 52.26 54. 19 56.13 58. 06 60.00 W idower a nd two children $65.00 Jl 30 28 2. 10 2. 17 2. 32 1 4. 19 4.64 4.33 2 6.29 6.50 6.96 3 8.39 8.67 9.29 4 10.48 10.83 11.61 5 12.58 13.00 13.93 6 14.68 15. 17 16.25 7 16.77 17.33 18.57 8 18.87 19.5 0 20.89 9 20.97 21.67 23.21 10 23.06 23.83 25.54 11 25 . 16 26.00 27.86 12 27.26 28.17 30. 18 13 29.35 30.33 32.5 0 14 31.45 32.50 34.82 15 33.55 34.67 37. 14 16 35 .64 36.83 39.46 17 37,74 39.00 41.79 18 39.84 41.17 44. 11 19 41,93 43.33 46.43 20 44.03 45.50 48.75 21 46.13 47.67 51. 07 22 48.22 49.83 53. 39 23 50.32 52.00 55 .71 24 52.42 54. 17 58.04 25 54.5 1 56.33 60. 36 26 56.61 58.50 62.68 27 58.7 1 60.66 65.00 28 60.80 62.83 29 62.90 65.00 JO 65.0U 31 i\Ian and wiie I 2 3 4 5 6 7 8 9 10 11 12 IJ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Jo· Jl 28 2.14 4.29 6.43 8.57 10.71 12.86 15.00 17. 14 19.29 21.43 23.57 25.71 27.86 30.00 32. 14 34.28 36.43 38.5 7 40.71 42.86 45.00 47. 14 49.28 51.43 53.57 55.71 57.86 60.00 30 2.00 4.00 6.00 8.00 10.00 12.00 14. 00 16.00 18.00 20.00 22.00 24.00 26.00 28.00 30.00 32.00 34.00 36.00 38.00 40.00 42. 00 44.00 46.00 48.00 50. 00 52.00 54.00 56.00 58.00 60.00 �l[ ·, WORKMEN'S COMPENSATION ACT \VORK~[El\ 'S CO111PENSATION ACT 36 37 I I ,f ]\{au, wife and one child 2 J 4 5 6 7 8 9 • 10 11 12 13 14 15 16 Ji 18 19 20 21 22 23 24 25 26 27 28 29 JO 31 30 2S 2.41 2.25 4.82 4.50 6.75 i.23 9.64 9.00 12.05 11.25 13.50 14.46 16.87 15.75 19.29 18.00 20.25 21.70 24. 11 22.50 24.iS 26.52 28.93 27.00 31.34 29.25 31.50 33.75 36.16 33.75 38.57 36.00 38.25 40.98 43.39 ' 40.50 45.80 42.75 48.21 45.00 50.62 47.25 53.04 49.50 55.45 51.75 57.86 54.00 56.25 60.27 62.68 58.50 65.09 60.75 63.00 67.50 65.25 67.50 S6i.50 31 2.18 4.35 6.53 ~.71 10.89 13.06 15.24 17.42 19.60 21.77 23.95 26.13 28.31 30.48 32.66 34.84 37.02 39.19 41.37 43.55 45.73 47.90 50.08 52.26 54.44 56.61 58.79 60.97 63.14 65.32 67.50 :\Ian. wiic and two children l 2 3 4 5 6 i 8 9 10 11 12 13 14 15 16 17 IP. 19 20 21 22 2.1 24 . 25 26 27 21! 29 30 31 28 2.68 5.36 8.04 10.71 13.39 16.07 18.75 21.43 24.11 26.79 29.46 32.14 34.82 37.50 40. 18 42.86 45.5 .l 48.21 50.89 53.Si 56.25 58.93 61.61 64.28 66.96 69.64 72.32 75.0t) 30 2.50 5.00 7.50 10.00 12.50 15.00 Ii.SO 20.00 2~.50 25.00 27.50 30.00 32.50 35.00 37.50 40.00 42.50 45 .00 47.50 50.00 S:?.50 .iS .00 57.50 611,C J0 62.50 65,(10 67.50 7fl.OO 72.50 75 .00 $75.00 JI 2.42 4.84 7.26 9.68 12.10 14.52 16.94 19.35 21.77 24.19 26.61 29.03 31.45 33.R7 36.29 38.il 41.1.l 43.55 45.97 48.39 50.81 53.22 55.64 58.06 60.48 62.90 65.32 67.74 70. 16 72.SR 75.00 Widower and three children )Ian, wife and three children $72.50 31 2.34 4.68 7.02 9.35 11.69 14.03 16.37 18.71 21.05 23.39 25.73 28.06 30.40 32.74 35.08 37.42 39.76 42. 10 44.44 46.77 49.11 51.45 53.79 56.13 58.47 60.81 63.15 65.48 67 .82 70.16 72.50 $82.50 31 2.66 5.32 7.98 10.64 13.31 15.97 18.63 21.29 23.95 26.61 29.27 3J.93 34.60 37.26 39.92 42.58 45 ,24 47 .90 50.56 53.22 55 .89 58.55 61.21 63.87 66.5 3 69. 19 71. 85 74.5 I 77.17 79.84 82.50 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2i 28 29 30 31 28 2.59 5.18 7.77 10.36 12.95 15.54 18.12 20.71 23.30 25 .89 28.48 31.07 33.66 36.25 38!84 41.43 44.02 46.61 49. 19 51.78 54.37 56.96 59.55 62.14 64.73 67.32 69.91 72.50 30 2.42 4.83 7.25 9.67 12.08 14.50 16.92 19.33 21.75 24.17 26.58 29.00 31.42 33.83 36.25 38.67 41.08 43.50 45.92 48.33 50.75 53.17 55.58 58.00 60.42 62.83 65 ,25 67.66 70.08 72.50 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2i 28 29 30 I 2 3 4 s 6 7 8 9 10 II 12 13 J.I IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.86 5.71 8.57 11.43 14.29 17. 14 20.00 22.86 25.71 28,57 31.43 34.29 37.14 40.00 42.86 45.72 48.57 51.43 54.29 57.14 60.00 62.86 65.72 68.57 71.43 74.29 77.14 80.00 30 2.75 5.50 8.25 11.00 13.75 16.50 19.25 22.00 24. 75 27.50 30.25 33.00 35.75 38.50 41.25 44.00 46.75 49.50 52.25 55.00 57 .75 60.50 63.25 66.00 68.75 71.50 74.25 77.00 i9.i5 82. 50 .l l \Vidowcr and four children $80.00 31 30 2.58 2.67 5.16 5.33 7.74 8.00 10.32 10.67 12.90 13.33 15.48 16.00 18.06 18.67 21.33 20.64 23.23 24.00 26.67 25 .81 28.39 29.33 32.00 30.97 33.55 34.67 37.33 36.13 40.00 38.71 42.67 41.29 43.87 45.33 46.45 48.00 49.03 50.67 S 1.61 53.33 54 .19 56.00 56.77 58.67 61.33 . 59.35 61.93 64.00 64.52 66.67 67.10 69.H 69.68 72.00 72.26 74.66 74.84 77.33 77.42 80.00 80.00 28 2.95 5.89 8.84 11.79 14.73 17.68 20.62 23.57 26.52 29.45 32.41 35.36 38.30 41.25 44.20 47. 14 50.09 53.04 55.98 58.93 61 .87 64.82 67.77 70.71 73.66 76.61 79.55 82.50 )I:iximum 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 3.21 6.43 9.64 12.86 16.07 19.29 22.50 25.71 28.93 32.14 35.36 38.57 41.78 45 .00 48.21 51.43 54.64 57.86 61.07 64.28 67.50 70.71 73.93 77.14 80.36 83.57 86.78 90,00 30 3.00 6.00 9.00 12.00 15.00 18.00 21.00 24.00 27.00 30.00 33.00 36.00 39.00 42.00 45.00 48.00 51.00 54.00 57.00 60.00 63.00 66.00 69.00 72.00 75.00 78.00 81.00 84.00 87.00 90.00 $90.00 31 2.90 5.81 8.71 11.61 14.52 17.42 20.32 23.23 26.13 29.03 31.94 34.84 37,74 40.64 43.55 46.45 49.35 52.26 55.16 58.06 60.97 63.87 66,77 69.68 72.58 75.48 78.39 81.29 84.19 87.1 0 90.00 \Vidowcr :tnd fiv e children 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 3.13 6.25 9.38 12.50 15.63 18.75 21.88 25.00 28.1 3 31. 25 34.3S 37.50 40. 63 43. 75 46.88 50.00 53. 13 56.25 59.38 62. 50 65 .63 68. 75 71. 88 75.00 78. 13 81.25 84.38 87.5 0 JO 2.92 5.83 8.75 J 1.67 14.58 17.50 20.42 23 .33 26.25 29 .17 32.08 35 .00 37.92 40.83 43 .75 46.67 49.58 52.50 55.42 58.33 61.25 64. 17 67.08 70.00 72.92 75.8 3 78. 75 8 1.66 84.58 87.50 $87. 50 JI 2.82 5.65 8. 47 IJ. 29 14.11 16.94 19.76 22.58 25 .40 28 .23 3J. 05 33.87 36.69 39. 52 42.34 45 .16 47.98 50.S l 53.63 56.4 5 59.2 7 62. 10 64. 92 67.7 4 70.56 73.39 76.21 79. 03 81.85 84.68 87.50 �38 WORKMEK'S CO1[PENSATION ACT Table showing amount by months and days, figured on basis of otlc child at rate of $120.00 per year. Day or Month or months 1 2 3 4 5 6 7 8 9 JO 11 12 days $10.00 20.00 30.00 40.00 50.00 60.00 70.00 80.00 90.00 100.00 110.00 120.00 ,I .1 4 5 6 7 8 9 10 11 12 13 H 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 day month JO day month JI day month .36 .71 1.07 1.43 1.79 2. 14 2.50 2.86 3.21 3.57 3.93 4.29 4.64 5.00 5.36 5.71 6.07 6.43 6.78 7.14 7.50 7.86 8.21 8.57 8.93 9.28 9.64 IO.OD .33 .67 1.00 1.33 1.67 2.00 2.33 2.67 3.00 3.33 3.67 4.00 4.33 4.67 5.00 5.33 5.67 6.00 6.33 6.67 7.00 7.33 7.67 8.00 8.33 8.67 9.00 9.33 9.67 10.00 . 32 .65 .98 1.29 1.61 1.94 2.26 2.58 2.90 3.23 3.55 3.87 4.19 4.52 4.84 5.16 5.48 5.81 6.13 6.45 6.77 7.10 7.42 7.74 8.06 8.39 8.71 9.03 9.35 9.68 10.00 Peace Officers' Indemnity fund CHAPTER 83-ARTI CLE 2 R. s. 1931 Section 83-201. . \Vyoming peace officers' indemnity fund. 83-202. Officers included. 83-203. Limit of indemnity paid . 83-204. Payments to func.\ by coun t ies. 83-205. Payments to fund by state. 83-206. Report of accident. 83-207. Order of Court. 83-208. Power of state treasurer . 83-209. Appeal by state treas urer. 83-201. Wyoming Peace Officers' Indemnity Fund. The fund accumulated under this Article shall be known as the \Vyoming Peace Officers' Indemnity Fund. [L. '23, c. 97, § 1. 83-202. Officers Included. Such Peace Officers' Indemnity Fund shall be accumulated and maintained as herein provided for the purpose of providing indemnity to all penitentiary wardens, deputy penitentiary wardens, penitentiary guards; guards of th~ Wyoming Industrial Institute, including the superintendent and his deputies; agents of the State Department of Law Enforcement, and the commisisoner of such department and his deputies, state coal mine inspectors, and deputies, state game and fish commissioner, and his assistants and deputies, and state game wardens; and all salaried sheriffs, under sheriffs, deputy sheriffs and constables employed by any county of the State of Wyoming or paid by the board of county commissioners of any county, who shall be injure9 in performance of their duties, the purpose of this article being to provide for indemnity to such peace offfficers injured 111 the performance of their duties, which duties are hereby recognized as involving risks to life and limb. :rhis section shall not apply in any case where the inJury occurred before the ~ate on which this se'c tion is to take effect. [L. '31, ·c. 71, § 1, amending L. '23, c. 97, § 2. • 8~-203. L imit of Indemnity P aid. The indemn(ty ·which any such peace officer or his dependent famtly sh:i,ll be entitled to receive under the provisions of this article shall be computed acc"ording to the compensation schedule of the Wyoming Workmen's Compensation Law in effect at the time such injuries we:e received, and the procedure and forms under this article shall be as near as may be the procedure and forms provided by the Workmen's Compensation Law, �WORKMEN'S COM PENSATION ACT 40 41 WORKMEN'S COMPENSATION ACT 011 acount of or on it being intended that the \1/y?":ing Peace Officers' Indemnity Fund shall be adn11mstered by the state treasurer as near as may be in the s~me man~er as the VVyoming \Vorkmen '.s Compensation Law 1s administered, and that or\Jers of award and all other court procedure shall be enter_ed and conducted a s near as may be in accordance "'.Ith t~e procedure provided by the \Vorkmen's Compensation Law, an? that any of the above peace officers injured in t~e lme. of his duties shall receive the same compensation which he would have received had he received th«: sa1?e in jury while ,vorking for an employer contnbu~mg to the Industrial Accident Fund, and shall receive th e indemnity in the same manner. [L. '23, c. 97, § 3. 83-204. Payments to Fund by Counties. E ve ry county of the State of Wyoming is hereby _required to pay into the state _trea~ury for t_h e benefit of th e Wyoming Peace Officers Indemmty Fund a sum of money equal to one and one-half per cent (I½%) of the moneys earned by each of its salaried sheriffs, deputy sheriffs, under sherifls and constables during each calendar month in which they shall be employed. Such payment shall be so made on or before the fifteenth day of the month following the m~nth for which such payments are computed and paid. The state treasurer shall keep a separate accoun_t for each county so contributing tg said fund, and shall char~e against the account of each county all warrants paid from the Wyoming Peace Officers' Indemnity Fund : (a) As awards for injuries to the above named peace officers of such county: (b) In payment of niedical or hospital attendance of such peace officers of such county; (c) In payment for the investigations of inj~ries of such peac~ officers or in payment of investiga~1ons into the manner in which such injuries w~re received; (d) In payment of witness fee ? in cases whe:ein an order of award is granted to such peace officer of such county. Each countv shall continue to make said monthly contributions ·as above provided unless its account after making the above deductions therefrom shall be overdrawn, in which event said county shall be required to pay monthly a sum of money (including the said one and one-half per cent) equal tg three per cent (3%) of the moneys earned by each of its peace officers during each calendar month of such employment until such overdraft shall be paid. [L. '23, c. 97, § 4. 83-205. Payments to Fund by State. The State of Vvyoming hereby pledges itself to contribute by bi- · ennial appropriations a sum of money equal to one and one-half per cent (1½%) of the moneys earned by each of such peace officers in its employ, and agrees that its account shall be kept as near as may be in the manner in which the accounts of the counties are required to be kept under the provisions of this article', and that similar charges for amounts paid out behalf _of i~j ur ies to its peace officers shall be charged agam s t . its accoun~. T he S tate of Wyoming further pledges. itself tha~ 11: the even t ·ts account is overdrawn th at 1t s hall con tribute a sum ~f money (including th e said one a nd one- ha lf per cent) equal to thr e~ per cen t (3%) of the moneys earned by each of its peace officers. [L. '23, c. 97, § 5. 83-206. Report of Accident. R eports of accidents co1•ering injuries to its peac e officer-12 shall be filed by the counties iµ the same ma nner and at the same time as such reports are requir ed to be filed by employers contributing to the Industri al Accident F und, and each state officer shall make similar reQ_o rts to the courts of all injuries to peace officers emp loyed in his department. [L. '23, c. 97, § 6. 83-207. Order of Court. Every order give n and made by the pistrict court or judge awarding payment from the vVyoming P eace Officer s' Indemni ty F und to an injured peace off icer or his depe nd en t fam ily shall be entered of r ecord by t he clerk of th e co urt where given and tru e copies th ereof shall be immediately made and certifi ed by said cl erk and for warded to the state a udit or a nd s ta te treasurer r espectively of \,Vyoming, a nd s hall be by each of said officers entered upon a r eco rd to be known as the Indemnity Docket, and s hall be th e a uthority a nd direction of the state auditor to issue warrants of indemnity a,vards against the W yomin g P eace Officers' Indemnity Fund, and for the sta te treasurer to pay such indemnity a wards from such fund . [L. '23, c. 97, § 8. 83-208. Power of State Treasurer. The state treasurer shall have the power by appropriate action to require each county of the state to contribute to said fund as required by this article. [L. '23, c. 97, § 9. 83-209. Appeal by State Treasurer. The state treasurer shall have the right to appeal to the supreme court from any final order or judgment in any district court of the state awarding indemnity or declining to award indemnity, although he was not a party to such procedure in the district court. The attorney gener<!_l shall act as the attorney for the state in every such appeal, and each appeal shall be conducted witho~t expense to the Wyoming Peace Officers' Indemnity Fund. [L. '23, c. 97, § 10. �Coal Mine Catastroph e · Insurance Fund CHAPTER 57-AR TICLE 7 R. s. 1931 Section 57-701. Definition. 57-702. Payment by coal m in ing companies. 57-703. Losses in exces s of $25,000 to be paid from fund . 57-704. Separate accounts to be kept. 57-705. Use of fund limited . 57-706. Penalty for failure to pay premium. 57-707. Authority to contract wi th in suran ce com panies. 57-701. Definition. The word, "catas troph e," a s used in this Article means a disaster in a coal mine or mines causing the payment throug h th e operation of the Workmen's Compensation Law of this state out of the Industrial Accident Fund of an aggregate more than twenty-five thousand dollars in compensations to w_o rkmen killed and injured and their dependents, growing out of any one accident or occurence, or series of accidents or occurrences arising out of. one event. [L. '25, c. 159, § 1. 57-702. Payment by Coal Mining Companies. For the purpose of giving to the portion of the Industrial Accident Fund paid in by employers operating coal mines support which is deemed necessary, each employer operating a coal mine or mines in Vvyoming shall pay into the state treasury monthly a sum equal to one-fourth of one per cent of his Wyoming payroll for the preceding month, such payment to be made on or before the fifteenth day of the mgnth following the month for which such payments are computed and paid, the moneys so received_ to be placed by the state . treasurer in a fund to be denominated Catastrophe Insurance Premium Fund. All moneys received by the state treasurer under the terms of this article, shall be paid by him out of the Catastrophe Insurance Premium Fund into the Industrial Accident Fund, monthly _a s received, and such payments shall continue to be made until the· credit balance of the Catastrophe Insurance Fund in the Industrial Accident Fund is equal to two hundred thousand dollars ($200,000.00), whereupon such payments shall cease, to be automatically resumed, whenever and continue so long as the credit balance of the Catastrophe Insurance Premium Fund with the Industrial Accident Fund is below two hundred thousand. dollars ($200,000.00); all such payments- shall be credited generaly to the Industrial Accident Fund in5 !ead of being er.edited to any individual employer �44 WORKME~'S CO lVlPENSATION ACT contributing to either the Catastrophe Insurance Premium Fund or the Industrial Accident Fund. [L. '25, c. 159, § 2; s. L. '35, c. 73. 57-703. Losses in Excess of $25,000 to be Paid from Fund. In consideration for such payments made or to be made from the Catastrophe Insurance Premium Fund, the Industrial Accident Fund in the hands of the state treasurer is hereby made a catastrophe insurer as to catastrophes to the extent that such catastrophes cause losses above twenty-five thousand dollars to the Industrial Accident Fund. The first twenty-five thousand dollars of such loss shall in every case be charged against the employer in whose mine or mines the accident may have occurred. The amount over twenty-five thousand dollars shall be paid from the Ind.ustrial Accident Fund and not charged against the employer in whose coal mine or mines the catastrophe oc_c;urred, but against the balance of the Catastrophe Insurance Premium Fund. [L. '25, c. 159, § 3. 57-704. Separate Account to be Kept. The state treasurer shall keep a separate account between the Industrfal Accident Fund and the Catastrophe In surance Premium Fund, crediting the Catastroph e Insurance Premium Fund with all moneys by it paid into the Industrial Accident Fund and charging the Catastrophe I n s u r a n c e Premium Fund with all amounts paid out for catastrophes as herein provided. [L. '25, c. 159, § 4. 57-705. Use of Fund Limited. No money paid into the Catastrophe Insu_rance Premium Fund as herein provided shall ever be applied in any way other than by payments to the Industrial Accident Fund as herein provided. [L. '25, c. 159, § 5. 57-706. Penalty for Failure to Pay Premium. The ins{_)ectors appointed by the treasurer under section 124-119 shall also act as inspectors for the purpose of enforcing the collection of the premiums due the state from employers operating coal mines. And if in any case any such employer shall fail or refuse to pay the premium upon his monthly payroll as is required by this article he shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred ($500.00) dollars and in addition to the said fine it shall be the duty of the attorney general of this state to immediately bring suit in the name of the state in the district court for the proper county, for the benefit of the Catastrophe Insurance Premium Fund , against such employer for the collection of such pr£,mium, and if a judgment for the recovery of such premium due be given in favor of the state for the use and benefit of the Catastrophe Insurance Premium Fund said judgment shall be for double the amount of the premium provided by this article, together with costs. [ L. '25, c. 159, § 6. WORKMEN' S CO i\tiP E NSATI ON ACT 45 57 707 Authority to Contract With Insurance Co;pa.nles. The state treasurer, s hould h~ deem it • ble is hereby authori zed a nd empowered to advisa , S f w · make contracts on beh:i,lf of the t~te o . yommg and the Industrial fi.cc1dent F un d with a n msur~nce company or com~anies, to_ prov ide [or p_ayme nt rnto the Industrial Accident F und by the ms t:rm g com pany r companies of a sum equ al to the ultima te net loss ~vhich the Industrial Accident Fund has or shall s ustain by reason of any catas trop he, all f? r the p urp o~e of· authorizing the state treasur er to rem sure the said satastrophe risk with an in sura nce company or co mplnies. The premium for an y CQn tract of r eins uran ce shall be paid by the stat e treasure r out of the Ind ustrial Accident Fund and cha rged again st the ac co un t of the catastrophe 'Insuran ce P remium F und. Every contract of reinsura nce shall specify that the insuring company or compani es r einsure the Industrial Accident Fund from toss by r eason of catastrophes during the term of s uch in suran ce, with in the lim its as to amount expressed in th e co ntrac t, and that th e insuring company waives all rig ht to q uestio n a ny award for claims g rowin g out of a catastrop he o r claimed to grow out of catastro p.he, a nd th at the insuring company will accept as final th e awa rd s m ade by the courts under the W yom ing Workme n's Compensation Law, and will abide by such awa rd s, a nd will promptly repay to the Industrial Accident F und all the payments made by it durin g the term of such insurance under catas trophe awards. E ach co ntract shall also provide that the insuring compa ny disclai m s all right to appear in or contest any prQcecding under the ·workmen's Compensa tion Law. N o paym ent made out of the Industrial Accident Fund which is repaid to the Industrial Accident Fund by an insuran,se company shall be charged against the account of the Catastrophe Insurance Premium Fund or against the account of the employer in whose mine the catastrophe occurred. [L. '25, c. 159, § 7. �Firemen's Pension Fund CHAPTER 23-S. L. 1935 Section 1. State Treasurer-Adm inistration, Fund, tions. 2. Fund-Further Maintenance. 3. Definitions. 4. Pension-\Vho Eligible, Amount. 5. D~ath in Line of Duty- Benefi ciary. 6. When Father and :Mother _Beneficiaries. 7. Volunteer Firemen-Benefits. 8. Application-Inv es tigation. 9. Other Compensation. 10. Payments-Exem pt fr om L egal Action: Dona- State ~reasurer-Administration, Fund, Donations. Sectionl. There is hereb y created a fund to be known as the "Firemen's Pension Fund" for the purpose of paying the awards, benefits and pen sions under the provisions of this act. Thi sfund is to be administered by the state treasurer through the Workmen's Compensation Department of • the State of \Vyoming and said state treasurer shall have full custody and control. of such fund with full power as to the administration thereof; but such fund shall be administered by said state treasurer with<;mt liability on the part of the state beyond the amount of such fund. For the purpose of establishing and maintaining said fund ten per cent (10%) of the gross annual tax for the year of 1935, and for each ensuing year thereafter, collected upon the fire insurance premiums paid to fire insurance companies within the State of "Wyoming as provided by section 115-117, Wyoming Revised Statutes, 1931, is hereby set aside and appropriated for the use and benefit of said fund. The amount of tax collected, as above set out, shall be credited to said fund by the state treasurer upon payment of the tax to him by the insurance commissioner. There may be added to the fund so established and maintained such cash, gifts, donations and contributions as may be made from time to time by individuals and organizations. Said state treasurer is hereby empowered to receive any and all such gifts, donations and contributions for the benefit of said fund. [L. '35, c. 23, § 1. Fund-Further Maintenance. Section 2. For the further maintenance of this fund, every paid fireman of each fire department organized and maintained by any incorporated city or town, or �48 WORKMEN'S co :M PENSATION ACT WORKMEN 'S COMPENSATION ACT 49 any county in this state, affected by this act, shall be assessed two per cent (2o/o) of his salary monthly for the use and benefit of said fund. Such assessment shall be withheld from his salary by the treasurer or other disbursing officer of such city, town or county and said assessment shall be transmitted to the state treasurer on the first day of each month. [L. '35, c. 23, § 2. ·n re ularly constituted fire departments_ of ~n y m1 g t d city or cities town or town s III thi s state corpora e ·s of the age of' fifty fi ve years an d upwa rd • d hO I • f rom a men_ta I. •-an (b) w An)' paid fireman who is_ su ff e_rmg or physical disability _ren~l~rm? 111m unfit for active duty provided such d1sab1hty 1s th_e res ul~ of an a ccident, injury or exposure suffered m th e !me of dut y . [L, '35, C. 23, § 4. Definitions. Death in. Line of Duty-Beneficiary. Section 3. The following words and phrases shall be construed for the purpose of this act as hereinafter set out: "Paid Firemen." Any individual who is regularly employed and paid by an incorporated city or town for devoting his entire time of employment to the care, operation and requirements of a regularly constituted fire department. "Volunteer Fireman." An individual who follows other lines of regular employment or labor but who is carried on the rolls of a regularly constituted fire department, the members of which are under the jurisdiction of a mayor, city or town council or other governing body and who may be partly paid and partly volunteer. Payment of compensation for services actually rendered by such enrolled volunteers shall not take them out of the above classification. Any individual who volunteers assistance but who is not regularly enrolled as a fireman, is not a volunteer fireman within the meaning and contemplation of this act. "Injured, disabled or killed in the line of duty." A paid or volunteer fireman ·is injured or disabled in the line of duty when he meets with bodily or mental injury while going to, returning - from or in attendance upon a fire, conflagration. calamity or disaster, or who meets with bodily or mental injury while actually engaged in the repair, upkeep or care of fire apparatus, or in the performance of duties prescribed in the maintenance and operation of a fire department. "Compensation Act." The Act of the Legislature of the State of ,ivyoming found in Chapter 124, "'yoming Revised Statutes, 1931, a1_1d any and all amendments which may be made thereto. "Thirty years active service." An individual whose principal means of livelihood for thirty years has been employment by an incorporated city or cities, town or towns, in the State of ,ivyoming as a member of a regularly constituted fire department and who has been carried on the pay rolls for that period of time. [L. '35, c. 23, § 3. Section S. Upon the death of any paid fireman , where death is the result of an accident, injury o r exposure suffered in the line of duty, or upon th e death of any paid fireman retired according to the provisions of section 4 of this act, the state trea sur er shall pay out ;;f the Firemen's Pension Fund to hi s surviving wife, provided she was his ,vife at th e time of his d·eath or retirement, a monthly pension equal to one-half of the pension such retired fireman was r~ceiving at the time of his death, or a monthly pens10~ equal to o~e-quarter the amount of his compensation <!t the tnne of his death, and such payments sl~all conti~ue during the lifetime of such surviving w1fo or unttl she ren:!arries. In addition to such paym:nt, the state treasurer shall pay to the surviving wife out of the said Firemen's Pension Fund the sum of !en dollars ($10.00) per month for the su~port and mamtenance of each child of such deceased fireman under the age of eighteen years and who wa s s~pport:d by such fireman prior to his death v1dmg n h , pro , t no case ~ a 11 .t 1,e total sum exceed the retirement pay as pr?~1ded m section 4 of this act. In ti event such surv1vmg ,·f I cl' ,e . '' 1 e s iou 11c te or remarry before tiie ch I'ld or children f h d have reached the age ~ ~ut . eceased fireman sha'l 1 treasurer shall pay to ~h= ~:~.~~;~ years, _then the st~te or guardians of such children rr appom_ted guardian amount necessary for th om said fund, the such children until such / care and maintenance of the age of eighteen tme as the same shall reach years or marry :Month! ments to such surviving child or h'ld . y payt~ :xceed the total amount . c t ren m no event v1vmg wife prior to her d f:td monthl:y_ to the sure~ent there be surviving ec\ ·1/r remarnage. In the wife of said deceased fire t ~en but no surviving ~hall pay to the lawfully :;1a:i t en the s~ate treasurer tans of such sun•iving chil~P nt~d guardian or guard($10.00) per month for th ren, tie sum of ten dollars of such child or children e s~pport and maintenance year~ and who was suppo~~de~ the _age of eighteen to his death· als th . Y said fireman • 1 lawf~lly appoint°e'cl g~i!~~\~~;easurer sh~l.1 pay to ~~ ~~ as will be necessary for the such add11tonal amount ~an~ of each child until sucir;per care and maintet~ac ed the age of eighteen tme as the same have of aihsuch a?diJional amount o\ marry, provided e pension such retired fi no exceed one-half ofine-querter the amount f reman was receiving o reman compensati th ' r '35 ?Jw§as receiving at the f on. e deceased , c. - , 5. ime of IJ1s death. [L. Pension-Who Eligible, Amount. Section 4. Any person coming within the following classification and filling the requirements thereof may retire or he retired from active service and receive a monthly pension equal to one-half of his actual monthly wage at the time of retirement, but in no instance shall such pension exceed one hundred dollars ($100.00) per month, and further provided that any old age pension of which he mav become the beneficiary hereafter shall he a deduction against such retirement pension. (a) Any paid fireman who has performed and completed thirty years active service ~h~f ° �50 o :MP ENSATI ON ACT WORK MEN'S C WORKMEN' S CO M PE N SATIO N ACT . d mother surviving w ho w ere debe both father ':n cl ceased fir eman fo r support, th e ~ pendent upon s~1clll e ' out of said °fund to each such \ state treastrero~:~hJtancl in such 12.e r iodi c pay m ents i\ sum, equa to bl for th e dea th 9f a workm a n enY as wdonl? beex~ta/a\aezardous occ upa tio ns und er th e =- Workmen's gage m [L '35 2° ·§ 7 Compensation Act. • , c. .:i, • When Father and Mbther Beneficiaries. Section 6. Upon the death of an y paid fir ema n according to the provi sions of Section 5, of this act, and who leaves surviving him no wife or children but leaves surviving him a dependent father or mother or both, then the state tr easur er shall pay, to th e mother if there be no fa ther, or to the fath er if there be no mother, out of the Firemen's Pension Fund such amount equal to on e-half of the pension such retired fireman was r eceiving at the time of his death , or one-quarter the amount of compensation such fireman w_~s receiving at th e tim e of hi s death, but if there be both father and mother surviving who were dependent upon said deceased fireman for su pport, then the state treasurer shall pay out of said fund t o each an amount equal to one-quarter of the pension such retired fir eman was r eceiving at th e time of his death, or one-eighth the amoun t of compensation such deceased firem <!_11 was receivin g at the time of his death, provided that, in the event either the surviving mother or father should die after the payments have started, the state treasurer shall pay to the other surviving parent the full amount as set forth for either father or mother. [L. '35, c. 23, § 6. Application Investigation. Section s. ·whenever an y fi reman, his sur vivin g wife, dep endent children or depende nt pa rents. sha ll be entitled to any pension or ben e~ts under this a ~t, such fireman , or in the even! of his death, t he ch ief of the fire department, of which he was a m ember o r some other proper person, shall make app licati on fo r such benefits or pension by filin g a complete and co ncise statement of th e facts necessa ry to ent itle s uch fireman or his surviving ,vife or children or pa r en ts to the benefit s or pension und er ·th is act. S uch application shall be fil ed with th e stat e treasur er up on forms provided by him. The state tr eas urer is h er eby given the powe r to inves tigate such a pplication a nd determine whether or . not such applicat ion should b e granted, with the furth er power to hear ev idence as to the justice of the application or require a nd r eceive affid avits as to the truth of the stat ements made in such application. In the event such application is refused, such matter may be taken before th e district court f~r the count7 wherein such applicant r esid es by petition, and notice shall be given said state treasure: _by the court of the date set for hearing. The dc;1s1on of the district court shall he binding upon said state t_reasurer and applicant unless app ealed from accordmg to the procedure provided under the orkmen's Compensation Laws of W yoming. [L. 5, C. 23, § 8. Volunteer Fireman-Benefits. Section 7. An y volunteer fireman who is sufferin g from a mental or physical disability rendering him unfit for active service in a regularly constituted fir e department, and providing such disability comes within the definition of perm_llnent partial disability, permanent full disability or temporary total disability, of the 1Vorkmen's Compensa tion Act, provided, further such disability is the result of an injury, accident or exposure suffered in the line of duty, th e state treasurer shall pay out of the Firemen's P ension Fund, such sum and in such periodic payments as would be payable for such disability of a workman engaged in extra-hazardous occupation under th e 11/"orkmen 's Compensation Act. U pon the death of any volunteer fireman caused by accident or exposure in the line of duty, the state treasurer shall pay to the surviving wife out of the Firemen' s Pension Fund, such sum and in such periodic paym ent s as would be payable for the death of a workn1arl e ngaged in extra-hazardous occupation s un de r the V.,' orkmen' s Compensation Act, provided that, in the eve nt such wife shall die or remarry or in th e event th ere be no surviving wife hut there are surviving childr en, then such payments shall be mad e to th e g uardian of any dependent child or children of such decea sed fireman . Provided further tha t, upon the death of any volunteer fireman according to the above section, ,y_h o leaves surviving him no wi fe or children hut cloes leave surviving him dependent fa ther or mother, or both, then the state tr<~iJsurer shall pay to the mother if there he no father, or to the fath er if there be no mother, out of the Firemen's P ension Fund, such sum and in such periodic payments as would be payable for the death of a workma n en gaged in extra-hazardous occupations und er the 1Vo rkm cn's Compensation Act, but if there 51 f Other Compe'nsation. ~ection 9. Application for pension pno: to actua) retirement upon statem~i ~\hma_de O tent1on to retire but pa m h e 111su~h applicant has actuJly e~!ti: ~ll not 1?egin unt_il stricken from the pay rolls of the ~nd his name 1s fireman or any of his . e city or town . No any of the benefits of th~usrv1vtors !shall be entitled to • survivors • or h 1s are re e·ac• so ong as sa'cl 1 fi reman Compensation Act, but ~~:~n~hpaym~nts. under the ments under the Compens t' e expiration of payto the benefits of this act i~nllAct his or their rights who shall be entitled to the\!n attach •. Any fireman f~r fro!11 the general fund of an efit_s of msurance paid v1ded m section 22-156 W )'. city or town as pro19~1, shall not be entitled ~immg Revised Statutes, ~ his act until such time as s an:i: of the benefits of , i .hall have ceased [L '35 2u3ch§msurance payments C. , 9. '( r,' 1/ , , ' i Payments-Exempt from Legal A . ction // Section 10. Payments mad • f made to the beneficiaries e under this act shall be qf each month and shall hon or before the fifth cla e made by voucher draw~ ' �52 WORKMEN'S COMPENSATION ACT against the Firemen's Pension Fund and shall be paid by the state treasurer out of said fund. No payments made under this act shall be subject to judg!]1ent, attachment, execution, garnishment or otjler legal process and shall not be_assignable, nor shall the state ,treasurer have the authc;irity to recognize an y assignment nor pay over an y sum assigned. [L. '35, c. 23, § 10. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource State of Wyoming Workmen's Compensation Act Peace Officers' Indemnity Fund Coal Mine Catastrophe Insurance Fund Firemen's Pension Fund and Acts Relating Thereto With All Amendments to Date - March 1, 1935 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1935-03-01 Subject The topic of the resource Booklets containing information on the Workmen's Compensation Act. Description An account of the resource A 9" x 4" light blue booklet with black text and red handwriting on upper writing corner and some minor creases. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource J. Kirk Baldwin Identifier An unambiguous reference to the resource within a given context 1-0166 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.