https://haylibrary.cvlcollections.org/files/original/4db007dc734fe8de68d4a8729438e45e.pdf 2ec8cb73a89c1ddc2a703442bac051db PDF Text Text I ,. I Intr oduced by Mel::l::1rs. Nels A. Pearson and Edward T. Lazear S. F. No. 85 FOR AN ACT to amend and r e-enact Sections 124-106-7, 124-113, 124-117, 124-120 and 124140, Wy oming Revised Statutes, -1931, relating to compensation fo r injuries or d eath resulting from injuries of work men in accidents occurring in extra-hazar dous employments, and providing for judicia l investigation of such injuries, and· th e making of compensat ion awar ds to workmen injur ed in extra-h azard ous occupations and their dep endent fa milies, and r equiring non-resident employers in extra-hazardous occupations to give security for fa it hful compliance with the compensation law, and . making the failure so to do a misdemeanor, and prescribing its penalty. I1'eb. 2, 1933, Introduced, Read first time, Referred to Committee No. 17, Delivered to Printing Committee. Be It Enacted by the Legislature of the State of Wyoming: Section 1. That Section 124-106-7, Wyoming Revised Statutes, 1931, be amend ed and re-enacted to read as follows: Section 124-106-7. (a) In this chapter unless the context otherwise requires: "Factories" mean any premises wherein power is used in manufacturing, mak- 4 ing, altering, adapting, ornamenting, finishing, repairing, or rcvonating, ah y article 5 ______ ,,,, S. F. No. 85-Page 1 �\ • gain·' o1: th~ btisi.ness cari•ied on therei1{, inchHliilg 'exprcssly 1 for the purpose of trade Or 2 any brick yard, meat packing house, f 3 4 oundry, smelter, ore reduction works, lime-burn- ing plant, stucco plant, steam heating plant, electric lighting or powei· plant, iuclucling all works in or directly connected with th e construction, inst allation, operation, altera(, 5 ,,----- ' tion, removal or repair of wires, cables, switchboards or apparatus used fo r t~e trabsJ, 6 mission of electric cunent, and water · pow er plant, including tower and standpipes, 7 power plant, blast furnaces, paper mill, pri11ting plant, flour mill, glass factory, cement 8 plant, artificial gas plant, machine or repair shop, oil plant, oil refinery plant and 9 chemical manufacturing plant ; 10 (b) "Work shop" means any yard, plant, premises, room 01· place where power 11 driven machinery 1s employed and manual labor is exercised by way of trade or gain, 12 or otherwise incidental to the process of makiug, altering, repairiug, printing or orna- 13 menting, finishing or adapting for sale or otherwise any article or part of article, over 14 which premises, room or place the employer of the person working therein has the 15 right of access or . coutrol; 16 (c) "Mill'' means any plant, premises, room or place where machinery is used, 17 any process of machinery, changing, altering or repairing any article or commodity for 18 sale or otherwise together with the yards and premises which are a part of the plant 19 including elevators, warehouses and bunkers, saw mill, sash factory or other work in 2O the lumber industry; 21 ( d) ''Mine'' means any opening in the earth for the pmpose of extracting iron, 22 oil, coal, or other minerals and all underground workings, slopes, dri.fts, shafts, gal- 23 leries, wells and tunnels, and other ways, c·uts and openings connected therewith, in- 24 eluding those in the course of being opened, sunk or driven, and includes all 1.he appurte- 25 nant structures or machinery at or about the openings of the mine, antl any tLcljoining S. F. No. 85-Page 2 �.I / / / 1 2 adjacent work 'p lace wh er e the material froin a mine is pr epared for use or shipme1il:; (e) "Quarry" means any place, n ot a mine, wh ere stone, slate, clay, sand , gra;el 3 or other solid material is dug or other wise r emoved from th e earth fo r th e pur pose of 4 trade or bargain or of t he employer 's tl'a de or busin ess ; 5 6 7 (f) "Building work " means any wor k in t he erec tio n, constr uction, extension, dee- oration, altera tion, r epafr or demolition of :my building or stru ctural app urtenances; (g ) "Engineerin g work " means :rny ,rn rk in the constru ctio11, altera tion, exten- 8 sion, repair or demoliti on of a railwa y (as her einb efore defined) bridge-, jetty, dike, 9 clam, reservoir, underground conduit, sewer, oil or gas well, oil tank, gas tank, water 10 tank or t ower , or any caisson work in artificially co mpressed air, any work in clr edg- 11 ing, work on log or lumber r afts or boom s ; pile driving, moving buildings, mov in g 12 safes, or i11 la yi11 g, r epa ir in g or r emoving u nder ground pipes aud conn ec tion s ; the er ec- 13 tion, installing, repairin g, or r emovin g of b oilers, fur naces, engin es and power machin- 14 ery (including belting and other connection s); an d any work in gradin g or excavating 15 where shoring is n ecessary or power ma chinery or lasin g /powder, dynamite or other ,-1' 16 17 high explosive 1s in use ( excluding mining and quarry ing) ; (g-1) "Dude ranching" for the purpose of this chapter is defined and means a 18 ranch conducted primarily for the accommodation ancl entertainment of guests for monc- 19 tary consideration; 20 (h) "Employer" includes any municipality, county, person, or body of persons, 21 corporate or incorporate, and the legal representatives of a dec eased employer or the 22 l'ecciver or a trustee of a person, corporation, association or partnership. 23 (i) ''Workman'' means any person who has entered into the employment ·of or 24 works under contract of scryice or apprenticeship with an employer, except a person 25 whose employment is purely casual and not for the prn·p or-;e of t he employer's trade Ol~ S. F. No. 85-Page 3 ,{ , I �1 · l • l •k and not subject to the hazards of the busibusiness, or those engage d m c er1ca wor , 2 • au off1·c1·a1 pos1·tion. The term " workman " shall include "emness, or one ho ld mg 3 ploye'' and the term '' employe " sh a11 1·nclucle " workman " and each shall inclu de the singular and plural of both seX'es. Any refer ence to a workman wh o ha: been i11 jurecl 4 (\ 5 shall where the workman is dead, .include a r efer ence t o hi " dependen t family " as 6 hereinafter defined, or to his legal r epresentat iw , or wher e t he workm an i. a mi nor or 7 incomp.etent, to his guardian or next friend. (j) 8 "Dependent families" as used in this chapter means such members of the work- 9 man's family as were wholly or in part actually dependent upon the workman for sup- 1O port at the time of the injury; if it be shown that the ••• 11 0 12 spouse will not be regarded as a dependent in any degree. No ~, 13 entitled to the benefits of this chapter 01· infl1tence any award made he1·ennder unless he 14 or she shall have been married to the l5 a legal ceremony, at the time of the injury. 16 0 0 (k) ,:i () spouse wilfully deserted the worhna.n without fault on the part of ,::, '~ ,:, the workrnan, such O O O 0 " <) spouse shall be workman by a marriage d1tly solemnized by "Child or children" means the immediate offspring or legally adopted child or 17 childt·en of the injured workman, boys under sixteen years of age and girls under eighteen 18 years of age ( and over said age, if physically or mentally incapacitated from earning) and 19 shall also foclude legitimate clrildren of th6~o,kman born afte, hls death or Wjury. 20 In other cases, questions of family dependency in whole or in part shall be determined in 21 accordance with ~ c t , as the case may be, at the time of the injury; the foregoing defi- 22 nition of b 23 residing beyond the jurisdiction of the United States of America, except a surviving widow, 24 or boys under sixteen (16) years of age or girls under eighteen (18) years of age, or parent 25 or parents, and as to such non-resident aliens the rate of compensation shall not exceed J.anillies" shall not include any of the persons named, who a,e aliens S. F. No. 85-Page 4 �·"' p(1) ~ ~ ::> s 1 C' 0 ~1 ' / 1 thirty-three and one-third per cent (33½%) of the rates of compensation herein provid- 2 ed. 3 4 5 Section 2. That Section 124-113, Wyoming Revised Statutes, 1931, be amended and re-enacted to read as follows : Section 124-113. Whenever an injury or death r esulting fr om injury is r eported to 6 the clerk of the district court of the county wherein such injury occurred, in accordance 7 with the preceding section, it shall be the duty of said clerk to at once notify the judge 8 of said court, t hat such injury report has been filed in his office. It shall ther eupon be the 9 duty of said judge to investigate the nature of said injury and claim for compensation at 10 the earliest possible date, in such a manner as he may deem necessary to ascertain whether 11 the claim for compensation or the amount t her eof, is disputed by the employer, and if t her e 12 be no dispute, _as to the right of t he injured workman to r eceive compensation, or as to the 13 amount thereof, and the claim appear to be free from collusion, said judge shall ther eupon 14 make an order directing payment for such compensation from the stat e industrial accident 15 fund in accordance with the facts by him ascertained and the terms of this chapter . If the 16 judge finds it necessary t~ ref et· the matter to a c011.r t or other commissioner for investigar 17 tion, he shall make an order in the case to that end, and 1tpon the approval of the ref- 18 et·ee's report by the co1irt a fee may be allowed to the referee not to exceed in any one 19 case the s1trn of three dollars ($3.00) to be taxed and paid as costs. W here a reference is 2o made, and the evidence has been taken, and repm·ted to the court, 1tpon the consent of the 21 parties, the court may consider the same and ren_det· judgment in vacation in any county 2.2 of the state, allowing the parties to malce oral arg11.m ent, or file written briefs, si,bject to 23 such rules of the court as in other civil cases. If there be a dispute, as to the right of said 24 injured employe or his dependent family to receive compensation, or as to the amount there- 25 of, then it shall be the duty of said judge to set the case down for a hearing at the earliest S. F. No. 85-Page 5 �• t b • d by the clerk of said court possible date and to direct notice of such hearmg o e issue 1 for service upon the employer and the employe at least seven (7) days before t he date fi xed 2 for said hearing, which said notice shall be served by the sheriff of sai d county wit hout ex- 3 4 pense to either party, except that his actual traveling expenses shall be allowed and taxed, 5 as costs. The hearing shall be conducted upon the stat ement and r ep ort filed by the em- 6 player, and such formal claims as may be presented and filed with the clerk of the district 7 court by or. on behalf of the injured workman. If the employer , in his r eport of the injury, 8 alleges that the injury was due solely to the culpable negligence of the injmed employe, or 9 that the claim for compensation is one not coming within the provisions of t his chapter, 10 then a jury may be demanded by either par ty and tb e cause shall be t ried, as a court pro- 1l ceeding. If a jury is demanded, it may be selected from names drawn from the five mile 12 limit jury box, as in civil cases, at any t ime in term time or vacation unless a r egular jury ]:J panel be in attendance at the court on the date any such hearing may occur. The taking of u evidence shall be a summa,•y, giving a full op~ 15 fully. The official court r eporter of the district court_shall attend the hearing and make 16 a stenographic report of the evidence without cost to either party. The court or judge shall 17 direct the county and prosecuting attorney, or other competent attorney appointed by tlie 18 court to conduct the examination of witnesses on behalf of the injured workman, and it 19 shall be the duty of said attorney to appear and perform such service without expense to 20 either party. The employer may appear in person or by counsel and introduce evidence at 21 the same hearing. No costs shall be taxed by the clerk except fees for witnesses, who may 22 be subpoenaed and who shall be allowed the same fees, for attendance and mileage, as is 23 fixed by law in civil actions, and jury costs shall also be taxed to and p aid from the acci- 2-l dent fund, if the verdict and judgment be in favor of the employer; but if against the 25 employer then he shall pay the costs. The injured woi-lcman, 01· his dcpc·ndcnts, may have S. F. No. 85-Pagc 6 to all pa>iies to develop the faets �r ) l., l two witnesses, as of course at the expense of the f nnd; said in j1tred workman, or his de- 2 pendents, shall also be entitled to two mm·e witnesses, in addition to the above, to be al- .3 lowed by the conrt or the j1tdge t hereof, on making and fi ling with the clerk of the court an .4 affidavit setting forth the necess ity theref or. And the 1·nj1wed workman, or Ms dependents, 5 shall be entitled to m ore w itnesses, at the expense of the f -nnd, to be allowed by the coiwt or 6 the judge thereof, when there is filed with the clerk of the com·t, acldressed to the eo11rt, an 7 affidav it staNng what other witnesses are requfred, togethe1· with t he facts expected t_o be -8 proved by t hem, an d shou.lcl the cottrt deem the expected evidence material, then the court g shall make an orde1· authorizing the isszdng of such s1tb poenas f or witnesses as the co11rt 10 may clcem necessary. Tlu's p1·ov ision shall apply as well in the ta king of clepositions as l l in trials to the court . At t he conclusion of the hearing, the court shall enter an ord er pur- 12 suant to the verdict of the jury, if a jury be called, and if no jury be called, the court or 13 judge shall r ender a decision upon the facts and law of the case pursuant to the provisions 14 of this chapter, and make an or der allowing or disallowing compensation, as the law and the 15 evidence may warrant. In any p roceeding before a court or judge, as aforesaid, the court 16 or judge shall have authority to appoint a duly qualified impartial physician to examine the 17 injured employe and give testimony. The fee for such service shall be five doll~rs ($5.00) ,. 18 unless otherwise ordered by the court, with mileage allowance, as is allowed to other wit- 19 nesses, which shall be taxed as costs, and paid as other witness fees are p aid. The employer 2O or employe may, at his own expense, also appoint a qualified physician, who may attend 21 and be present at any such examination of an injured employe and give testimony at such 22 hearing or investigation. 23 24 25 Section 3. That Section 124-117, Wyoming Revised Statutes, 1!)31, be amended and re-enacted to read as follows : Section 124-117. Every employer engaged in any of the occupations herein de- S. F. No. 85-Page 7 �1 fined as extra-liazar d ous, l·s hei·eby reqm'r• ed to I)av " into the state t r easury for the- 2 benefit of the industrial accident fund a sum of money equal to on e and one-half 3 per cent (l½o/o) of the money earn ed by each of his employes engaged in such extra- 4 hazardous employment c1Ul'ing each calendar mon th of SL1Ch employment. Such payment 5 shall be so made on or before the 15th day of the mon th following th e month for which 6 such payments are computed and paid. Ea ch employer shall continue to make monthly 7 contributions as above provided unless his account, after making the herein after spe- 8 cified deductions therefrom, shall equal full two peT cent (2o/o) of his anuual payroll 9 computed by multiplying his current month's payroll of workm en engaged rn extrahazardous employment by twelve and shall like"·ise be 11ot less than three thousand 11 dollars ($3,000.00) provided, however, that any employer whose aceount is overdrnwn 12 shall be required to pay monthly a sum of money (including· t he paym ents as above 13 speciiied) eqnal to four per cent. ('! %) of the money earned by each of his employes 14 engag·ed in such extra-hazardous employment during each. calendar month of such em- 15 ploym<.'nt until such O\'erdraft shall be paid. Such employer shall not be compelled to 16 contribute when his contributions in the ftiud, after making deductions as afo resaid, 17 shall equal two per cent. (2%) of his annual payroll, and shall likewise be not less t han 18 three tlwusand dollars ($3,000.00). 19 ln addition to the other payments required by this sect_ion to be paid into the in- 20 dustrial accident fund, every employer engaged in any of the occupations h<.'1·cin de- 21 fined as extra-hazardous shall make a payment to he known as a '' service and policing 22 charge.'' 23 state treasury for the benefit of the industrial accident fund a11d shall not be credited 2 ,~ to the balance of the employer coui.ributiug. The amount of balance in the ill(1ns1rial 2G accident fund to the employer's credit shall not relie\'e him of his duly uncl liability Such service and policing charge shall be paid by tlw employer iuto the S. F. No. 85-Page 8 �H, 0 t-l 1 t o pay the service and policing charge; provided, however, that no employer who pays 2 for any calendar month four per cent. of the moneys earned by each of his employes 3 engaged in such extra-hazardous employment during such calendar month shall be com- 4 pelled t o pay a service and policing charge for such month. 5 The serv1ce and policing charge shall be computed on the monthly premium paid 6 by the individual employer into the state treasury for the benefit of the industrial acci- 7 dent fund during each calendar month, or on the premium which the employer would 8 have been required to pay had not the am ount of the employer's balance r elieved him 9 from the payment of a premium. 10 11 The amount of the service and policing charge shall be determined according to the following schedule: 12 Service and Policing 13 charge for month 14 Where the monthly payment 15 is less than 1.10 10.00 16 10.01 to 20.00 $ 2.20 17 20.01 to 30.00 3.30 18 30.01 to 40.00 4.40 40.01 to 50.00 5.50 20 50.01 to 60.00 6.60 21 60.01 to 70.00 7.70 22 70.01 to 80.00 8.80 23 80.01 to 90.00 9.00 90.01 to 100.00 9.50 100.01 to 150.00 13.50 19 24 25 S. F . No. 85-Page 9 �I 150.01 to 200.00 18.00 200.01 to 300.00 24.00 300.01 to 400.00 30.00 400.01 to 500.00 35.00 500.01 to 750.00 48.75 6 750.01 to 1,000.00 60.00 7 1,000.01 to 1,500.00 82.50 8 1,500.01 to 2,000.00 100.00 9 2,000.01 to 3,000.00 120.00 10 3,000.01 to 4,000.00 140.00 11 4,000.01 to 5,000.00 150.00 5,000.00 175.00 1 2 3 4 5 12 Over 13 Provided, however, in that the expense of the administration of this chapter and of mak- 14 ing the collections herein fixed, is greater as to non-resident employei·s engaged in extra- 15 hazardous occupations, than such expense obtains to such employers bona :fide domiciled 16 within the state of Wyoming, the service and policing charge, upon the monthly premium 17 paid by non-resident employers engaged in extra-hazardous occupations, shall be double the 18 foregoing schedule, as the same applies to resident employers engaged in extra-hazardous 19 occupations. 20 "Non-resident" employers of extra-hazardous occupations shali give bond or othe1· 21 security 1·n the smn of five hnndred dollars {$500.00), to be approved by the state treasurer 22 or his depittics, before starting the worlc. The contract of saicl boncl 01· other security shall 23 be conditioned that the said e1nploye1· will faithficlly pc1·fonn all the dntics hnposecl by this 24 act 1tpon employers engaged in extra-hazardous ocwpations ancl promptly pay into the 25 state treasury, at the tirne and in the manner set forth in section 12-1-11 7 of the Rcvisccl Stat- S. F. No. 85-Page 10 1 �1 ntes of Wyorning, 1931, and all acts aniendatory or in aicl the1·eof, the sums of money re- 2 q1iired to be paid by employers in extra-hazardous occ1.tpat-ions. And to this end, "non-resi- 3 dent" employers engaged in extra-hazardo11.s occupations are hereby req1tired, befo re start- 4 ing work, and f rom time to time after such work has been stm·ted, to report to the state treas- 5 ii1·er the nafare and progress of s1tch work, the location of the same and the nmnber of em- 6 ployes engaged in and 1ipon the work ancl lik ely to be so engaged fo r the n ext thirty (30) 7 days giv ing S1lCh fnrther and detailed -information as the state t reasnrer may reasonably s demand. The willf1il fail1 1re or n egligen ce on the part of any "non-res ident" employe·r 9 of extra--hazardons ocrnpations to give said security, to m alce the repm·ts, and/ or to f'imiish 10 the informat·ion ·required by this section, shall be a misdemeanor, ancl 11pon conv iction, siwh 11 emplo y er shall be p11n1·s}ied by a fi.ne of not less than five h1111drecl dollars ($50 0.00 ) or more 12 than five thousand dollars ($5,000.00), recoverable with costs m any coiwt of competent 13 j1irisdicNon. Provided, however, that "non-resident" employers of -extra-hazardous occ11,- 14 pations shall not be required to give boncl or other sec1wity f or any payment or pay ments 15 req1iired of them for t he "service and policfog charge" reqiiirecl by this section. A nd the 16 requfrem ents of this section that " n on-1·esident" em.ployer·s of extra-lw.za1·do11s occitpations 17 shall g·i'.v e bond or other sectlrity, shall not apply to " service and policing charges" herein 18 prov icled. 19 The term "non-resident " employers of extra-hazardous occupations, in this connection, 20 shall be construed as an employer of labor engag ed in extra-hazar dous occupations, who 21 for the previous twelve months has not been a continuous contribut or to the compensation 22 fund as in this chapter provided, and who has not been bona. :fide domiciled in, or a resident 23 of the State of Wyoming continuously for the preceding twelve months next prior to en- 24 gaging in the business of an "employer of labor in extra-hazardous occupation". When 25 any such employer, shall contribute to said fund as required by this chapter, for twelve .•, ii. F . No. 85-Pagc 11 �r; 1 consecutive months immediately prior to the commen cement within t his st ate of the occu- 2 pation, the requirement t o pay double the service and police char~e shall cease. For the purpose of encouraging care on the part of the employers and thus decr easing- 3 accidents to employes, and to the end that each employer shall compensate all injuries to 4 5 the workmen of such employer and not those of other employers, the state tr easur er shall 6 keep a separate account for each employer so contributing to said fund and shall charge 7 against the account of each employer all warrants paid from the industrial acccident fund : 8 (a) As awards for injuries to employes of such employer ; 9 (b) In payment of medical and surgical supplies and medical or hospital at tendance 10 11 12 13 14 15 16 17 of an employe of such employer ; ( c) In payment for investigations of accidents of such employer, ,:,, * "' or in payment of investigations of injuries to his employes; (d) In payment of witness fe es in cases wher ein an order of award is granted to the employe of such employer. Section 4. That Section 124--120, Wyoming Revised Statutes, 1931, be amended and re-enacted to read as follows : Section 124--120. Each employe, who shall be injured in any of the extra-hazardous 18 employments as herein defined, or the dependent family of any such injured workmen, 1 !) who may die as the result of such injuries, except in case of injuries due solely to the cul- 20 pable negligence of such injured employe, shall receive out of the industrial accident fund 1 • 21 compensation in accordance with the following schedule, and such payment shall be in lieu 22 of and take the place of any and all rights of action against any employer contributing, as 23 required by this chapter, to the industrial accident fund in favor of any person or persons 24 by reason of any such injuries or death. 25 (a) "Permanent partial disability" means the loss of either one foot, one leg, one S. F. No. 85-Page 12 �/ 1 hand, one arm, one eye, or the sight of one eye, one or more :fingers, one or more toes, and 2 dislocation where the ligaments are severed, or any other injury known to surgery to be per- 3 manent partial disability. For any permanent partial disability hereinafter specifically de- 4 scribed, resulting from an injury, the workman shall receive a lump sum as follows: 5 For the loss of a thumb $337.50 6 For the loss of a first :finger 300.00 7 For the loss of a second :finger 225.00 _ 8 For the loss of a third finger 225.00 9 For the loss of a fourth :finger 225.00 10 For the loss of a palm (metacarpal bone) 900.00 11 For the loss of a hand 1,500.00 12 For the loss of an arm at or below elbow 1,800.00 13 For the loss of an arm above elbow 2,000.00 14 For anky-losis (total stiffness of) or contractures (due to scars or injuries) which make 15 the fingers more than useless, the same amounts apply to such :finger or :fingers (not thumb) 16 as given above. 17 The loss of a third or distal phalange of the thumb shall be considerea to be equal to 18 the loss of one-half of such thumb; the loss of the more than one-half of such thumb shall , , / ~ 19 be considered to be equal to the loss of the whole thumb. 20 21 ~ \ The loss of a third or distal phalange of any :finger shall be considered to be equal to the loss of two-thirds of such finger. 22 The loss of more than the middle and distal phalanges of any finger shall be considered 23 to be equal to the loss of the whole :finger; provided, however, that in no case shall the 24 amount received for more than one finger exceed the amount in this schedule for the loss of 25 a hand. S. F. No. 85-Page 13 I �For the loss of a great toe 1 $200.00 For the loss of one of the toes other than great toe 150.00 2 The loss of more than two-thirds of any toe shall be considered equal to the loss of the 3 4 5 6 7 8 9 10 whole toe. The loss of less than two-thirds of any toe shall be considered equal to the loss of onehalf of the toe. For the loss of a foot $1,200.00 For the loss of a leg below the knee 1,500.00 For the loss of a leg above the knee 1,800.00 For the loss of an eye or the sight ther eof 1,800.00 11 For any other injury known to surgery to be permanent partial disability, the work- 12 man shall receive a sum in the amount proportional to the extent of such permanent partial 13 disability based as near as may be upon the foregoing schedule O ,:; ''' in every ,:: '~' '-' 1-! case of permanent partial disabil-ity the amount allowed for the injmy shall be paid in 15 monthly installments at the rate of fifty dollars ($50.00) per month if the workman be 16 unmarried at the time of the injury, and at the rate of sixty dollars ($60.00) per month if 17 the workman has a wife with whom he is living ancl in good fa·i th confribnt-ing to her sup- 18 port at the time of the injury; provided, however, that the court making such award shall 19 20 21 22 23 24 25 retain jurisdiction of the same until said award shall have been fully paid, with power to modify or change the amount of the award to conform to any change in the condition of the injured workman, and shall have power at any time during said period, upon application and hearing, with notice to the employer, and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the injured workman as a lump sum. (b) "Permanent total disability" means the loss of both legs or both arms, total loss S. F. No. 85-Page 14 �,,,/ / I / / ~ . l of eyesight, par alysis or other conditions per manently incapacitating the workman from 2 performing any work at any gainful occupation. Where there has been a previous disabil- .3 ity or '1:n jury, as the loss of one eye, or the sight thereof, one hand, one foot, or any other 4 previous permanent disability oi· injnry, the per centage of disability fo r a subsequent in- 5 jury shall be determined by deducting ther efrom the per centage of the previous disabiilty 6 or inj,nry, as it existed at the time of the subsequ ent injury. When permanent total disabil- 7 ity r esults from the injury the workman shall r eceive t he sum of four thousand dollars ($4,- 8 000.00 ), but in every such case the amount allowed for the injmy shall be paid in month ly 9 installments at t he rate of fifty dollars ($50.00 ) per month if the workman be unmarried 10 at t he time of the inju ry, and at the rate of sixty dollars ($60.00 ) per month if the work- 11 man has a wife ,vith whom he is living ancl h 1 goocZ faith contribnting to her snpport at the 12 t ime of the injury; provided, however , that the comt making such award shall r etain juris- 13 diction of the same until said awar ds shall have been fully paid, with power to modify or 14 change the amount of t he award to conform t o any change in the condition of the injured 15 workman, and shall have power at any time during said period, up on application and hear- 16 ing, with notice to the employer, and a showing of the n ecessity ther efor, t o order all or 17 any part of the unpaid balance of the award to be paid to the injured workman as a lump 18 sum; provided, that if the workman shall die leaving an unpaid balance of the award, then 19 20 21 22 23 24 25 such unpaid balance shall be returned to the industrial accident fund and be credited to the employer's balance. If the workman suffering such permanent total disability have a boy or boys under sixteen (16) years of age, or gfrl or girls under eighteen (18) years of age, the guardian of such child or children, appointed as hereinafter provided, shall receive for the use and benefit of said child or children, a lump sum of one hundred and twenty dollars ($120.00) per year for each boy under sixteen (16) years until the time when each of said boys shall become sixteen (16) years of age, and a lump sum of one hun- 13. Ji'. No. 85- Pagc 15 �dred and twenty dollars ($120.00) per year for each girl under eighteen (18) years of age 1 until the time when each of said girls shall become eighteen (18) years of age _; provided, 2 that the aggregate lump sum paid to said guardian, shall in no case exceed four thousand. 3 dollars ($4,000.00), and any and all awards made on accou~t of any such child or children,. 4 shall be disbursed under a proper guardianship to be created by the court or judge making 5 6 7 such award. (c) "Temporary total disability" means an injury which, though it may r esult or 8 does result in a permanent total or partial disability, temporarily incapacitates the injured g person from performing any work at any gainful occupation for the time, but from which 1o injury such person may recover by medical or surgical treatment and be able to resume· 11 work; provicled, howeve1·, that when sitch injm·y does 1·ewlt in either permanent total or pa1·- 12 tial disability, then and in that case, "ternpo1'ary total disability" shall be limited to the 13 time when the "healing process" ha.s taken place. In such case, if the worlnnan be unmarried. 14 at the time of the injury, he shall receive the sum of fifty dollars ($50.00) per month, so 15 long as the total disability shall continue. If he have a wife with whom he is living and •in 16 good faith contrib1tting to her support at the time of the injury, he shall receive sixty dol- 17 lars ($60.00) per month, and if he have a boy 01· boys under sixteen (16) years of age, or 18 a girl or girls under eighteen (18) years of age, and in good faith snpporting, or both, he 1 !) shall receive for each so supported, seven and one-half dollars ($7.50) per month, but the· 20 total monthly payments shall not exceed ninety dollars ($90.00) per month. No compensa-. 21 tion, except the expense of medical attention, shall be allowed for the first seven (7) days 22 of disability, unless the incapacity extends beyond the period of twenty-one (21) days, in 23 which case the compensation shall nm from the time of the injury. As soon as recovery is 24 so complete that the earning power of the workman at any kind of work is restored, the 25 payments shall cease, but in no case shall the total payments made in such cases exceed j S. F. No. 85-Pagc 16 �1 in the aggregate the lump sum amount herein specified to be paid an injured workman 2 for injuries causing permanent total disability. When the workman has non-resident alien 3 children whom he is in good f aith snppo1'iing, he shall r eceive only one-thir d of the sum 4 above fixed for boys under sixteen (16) yearrs 0£ age and girls under eighteen (18) years 5 of age. 6 ( d) In all cases of temporary total disability, perman ent par tial disability and per- 7 manent total disability, the expense of medi cal attention and 0£ care in hosp ital of the in- 8 jured worlnnan shall be paid fr om date of said injmy, the expense of medical treatment 9 not to exceed one hundred and fifty dollars ($150.00) in any case and the expense of care 10 in hospital not t o exceed one hundr ed and fifty dollars ($150.00 ) in any case, unless under 11 general arrangement t he worlnnan is entitled to medical attention an d car e in hospital, 12 or the employer furnishes adequate and proper medical attention and hospi tal facilities to 13 his employes; provided, however , that no bill or fee for medical attention or care in hospital 14 shall be allowed or paid wi thout notice t o the employer and a hearing if r equested by said 15 employer. The state treasurer shall have the power to establish a schedule fix:in g t!1e fees for 16 which all medical, surgical, hospital or other legalized forms of treatment rendered to em- 17 ployes under this section shall be compensated. Each physician or surgeon attending a 18 worlnnan injured while engaged in extra-hazardous occupation shall file with the clerk of 19 the court of the county within which such injury occurred and with the state treasurer, 20 under rules to be prescribed by the state treasurer, a full and complete report fully describ- 21 ing the nature of the injuries to such workman; provided, that such report shall not be re- 22 quired unless the disability resulting from such injury lasts through the day or the injury 23 requires medical services other than the ordinary first aid treatment. Any physieia_n or 24 surgeon failing to file any report as herein provided shall be punished by a fine of not more 2!.i than fifty dollars ($50.00). Where death results from an injury the expense of burial shall S. F. No. 85-Pagc 17 �rl <l!150 •00) 1·n any case unless other ar• , be paid not to exceed one hundred and fifty do11 ars ( ,p 1 ra~gements exist between employer and employe under agreement. 2 (1) 3 But if the workman leaves a widow or invalid widower, to whom he or she has been regularly married by a marriage duly solemnized by a legal cer emony, providecl, it shall 4 5 not be made to appear that the surviv ing spouse was at the tiin~ of the workman's death li separated froni such spotise by her own fanU, such surviving spouse shall r eceive the sum of 7 two thousand dollars ($2,000.00), but in every such case the said award shall be paid in 8 monthly installments at the rate of forty-five dollars ($45.00) per month, upon proof 9 made to the state treasm·er that such surviving widow is stiU li-ving an cl has not remarried. 10 In case the atcarcl is in favor of an invalid widowe1·, then and in that case, proof 11111,st be 11 made to the state treas1trer, before any monthly installm ent -is pa,icl, that the saicl widower is 12 still an im:alicl. Provided, hmvever, that the court malring such award may upon application 13 and hearing, with notice to the employer and a showing of the necessity therefor, order all 14 or any pa1-t of the unpaid balance of the award to be paid to the surviving spouse as a 15 lump sum. If the surviving spouse shall re-marry before all of saidaward has been paid, 16 then he or she shall only be entitled to receive the sum of two hundred and seventy dol- 17 lars ($270.00) out of the unpaid balance of said award, and further payment shall cease, 18 and any balance of the award shall revert to the dependent children, if any there be; and if 19 there lie no dependent childl·en the unpaid balance of such award shall return to the gen- 2o eral fund and the same shall be credited to the employer's balance; if the surviving spouse 21 shall die before all of said award has been paid, then the unpaid balance shall revert to 22 the dependent children, if any; if no dependent children, then such balance shall revert 23 to the general fund and be credited to the employer 's balance; proYided, in any case, where 24 the surviving spouse shall re-marry or die before all of the award has been paid, the remain- 25 ing balance shall be paid to the surviving dependent chiltlrcn iu 1.hc followiug manner; in S. F. No. 85-Page 18 �) 1 ascer taining t he amount to be p aid to each sur viving chil d in t he case of male children, the 2 age of such, male child shall be figured from the t ime of the death or· 1·e-marriage • of suel1 3 surviving spouse unt il such male child attains the age of sixteen (16 ) years and in the case 4 of female children , t he time shall be :fig·ured from the time of the death or r e-marriao-e of 0 5 such surviving spouse until such female child attains the age _of eighteen (18) years, and t he 6 unp aid balance of such awar d shall be divi ded in each instance by the number of months 7 bet ween such p eriods of time. I n case of the death of any of such sur vivin g children, the 8 port ion of such award made pay able to such child by the terms her eof shall be divided 9 among t he surviving childr en pro r ata ; provided, further , that if all of the sur viving chil- 10 dren should die befor e the unpaid balance of the award is entirely distributed, then t he 11 remaining undistributed p ortion of such awa rd shall r evert to the gener al fu nd and be 12 credited to the employer 's balance ; provided, further, that if it be shown that the surviving 13 spouse wilfully deserted d eceased without fault up on the par t of the deceased, such surviv- 14 ing spouse shall not be r egarded as a dependent in any degree, but in such case the right 15 of boys under sixteen (16) years of age and girls under eighteen (18) years of age to 16 compensation shall not be defeated. If said workman leaves a surviving boy or boys under 17 sixteen (16) years of age or girl or girls under eighteen (18) years of age, the guardian of 18 such child or children appointed as hereinafter provided, shall receive for the use and 19 benefit of said child or children, a lump sum of one hundred and t wenty dollars ($120.00) 20 per year for each surviving boy under sixteen (16) years of age until the time when each 21 of said surviving boys shall become sixteen (16) years of age, and a lump sum of one hun- 22 dred and twenty dollars ($120.00 ) per year for each surviving girl under eighteen (18) 23 years of age until the time when each of said surviving girls :,;Jwll become eig-hteen (18) 24 years of age; provided, that the aggregate lump sum paid to said guardian shall in no ease 25 exceed three thousand, six hundred dollars ($3,600.00). In all cases where un order of ) R l•'. No. 85-Pnge 19 �compensation is made on account of boys under sixteen (16) years of age, or girls undei- 1 • eighteen (18) :years of age, or both, or to persons incompetent, said fund shall be disbursed 2 3 4 5 G 7 8 under a proper guardianship to be created by the court or judge making such an order. Section 5. That Section 124-124, Wyoming Revised Statutes, 1931, be amended and re-enacted to read as follows : Section 124-124. No money paid or payable um1er this chapter out of the industrial accident fund shall, prior to issuance and delivery of the warrant therefor, be capable of being assigned, charged nor ever be taken in execution or by garnishment, 01· shall the sCl!me· D pass to any other person, by operatfon of law, except as permitted by s1,bdivision (1) of 10 paragraph ( d) of sect-ion 124-120, Revised Statutes of TVyoining, 1931. Any such assign- 11 ment, attachment, garnishment or charge shall be void. 12 13 14 Section 6. That Section 124-140, Wyoming Revi sed Statutes, 1931, be amen.ded and re-enacted to read as follows : Section 124-140. Every award within the meaning of this chapter is a judicial deter- 15 mination of the rights of the employer, the employe and the industrial accident fund as to 16 all matters involved. Except as otherwise specifically provided in this chapter, the code of 17 civil procedure shall govern in matters before the coiu·ts of this state in reference to the 18 workmen's cqnipensation laws. No award of compensation or allowance of any e>,..-pense or 1 !) claim chargeable against the account of any employer contributing to the indistrial accident 20 fund shall be made without notice to such employer and hearing, unless such employer shall 21 in writing filed in the co11rt having ji,risdiction consent thereto. Where the em,ployer can- 22 not be personally served, substifoted service, as provided f 01· in the code of civil procedure, 23 may be had. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A Bill for An Act to Amend and Re-enact Sections Relating to Compensation for Injuries or Death Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1933-02-02 Subject The topic of the resource A bill relating to both fatal and non-fatal accidental injuries. Description An account of the resource A 13.5" x 8" document with black text and red handwriting on the upper right corner with some minor damage. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource Nels A. Pearson Edward T. Lazear Identifier An unambiguous reference to the resource within a given context 1-0170 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.