https://haylibrary.cvlcollections.org/files/original/2045e26a4ba9e06a738dcc9faa1b05ec.pdf cea0d621c1c65e70a25507a510125cc4 PDF Text Text /. ~ (/, . . ; r :--... •·-: ' STATE OF WYOMING 9 W orkmen s Compensation Laws �1997 \tVEIGHTS A ND MEASURES jail for not more than one year, or by both such fin e and imprisonment. [L. '21, c. 73, § 14. 123-115. Definitions of terms. The word '·person" as used in this chapter, shall be construed to import both the singular and plural, as the case demands, and shall include corporati ons, companies, societies and associations. The words " weights, measures or I and weighing or I and measuring devices" as used 123-115 in thi s chapter shall be co nstru ed to include all we ig hts, scales, beams, meas ures of every kind, instru ments and mech ani ca l devices fo r w eighin g or meas uring, and any appliances and accessories connect ed with any or all such instruments. Th e " ·orcl "sell" or "sale" · as used in this chapter shall be constru ed t o inclu de bar ter and exchange. [L. '21 , c. 73, § 15. �1999 CHAPTER 124. Workmen's Compensation. Section. 124-137. Re-opening of cases. 124-101. Name of law. 124-138. Bills to be it~miz 1ed-Time of filin g. 124-102. 124-139. Notification by doctor. 124-103. Provisions exclusive, compulsory and oblii,;atory. 124-140. Awards. 124-141. Deferred payment account. 124-104. Extra-hazardous occupations defined. 124-142. Bribery. 124-105. Exceptions. General provisions. 124-106-7. Definitions. 124-108. Guardian may act for persons under dh ability. 124-109. If other than employer is liable. 124-110. This chapter governs as to liability of employer. 124-111. Blank forms supplied by state treasurer. 124-112. Reports of accident. 124-113. Investigation by the district judge-Procedure in disputed cases. 124-114. Appeal to supreme court. 124-115. Court order recorded-Copies to auditor and treasurer. 124-1115. Industrial accident fund-Appropriation. 124-117. Employers' assessments. 124-118. Filing of payrolls with state treasurer. 124-119. Inspectors-Failure Penalty. to pay 124-120. Compensation schedule. assessment- 124-12]. Additional compensation for disfigurement. 124-122. Compensation for hernia. 124-123. 124-124. Forfeiture by injured employc-Pan11cnts withheld. • Exemption from execution or attachment. 124-125. Minor workman. 124-126. Extra-hazardous work. Safety devices. 124-127. public ·work - Contract 124-128. Unlawful to receive more than 5 per cent of compensation for services rendered. • 124-129. Physicians required to testify. 124-130. False statement by employee. 124-131. Annual report by state treasurer. 124-132. Examination by state treasurer. 124-133. 124-134. Disable_d. workman examined by employer's phys1c1an-Rccovery reported to court Employes' statements of dependent pers~ns. 124-135. Assignment of rights and benefits. 124-136. Actions against employer independent of chapter. 124-101. Name of law. This cha pter shall be known as the " workmen's com pensa tio n law." [L. '15, c. 124, § 1; C. S. '20, § 4315. \1/orkman's compensation act woul d be valid as to the remainder even if the provision fo r non-payment for the first ten days was invalid, being severable. Zancan elli Y. Central Coal & Coke Co., 25 Wyo. 511, 173 P. 981. Vlorkmen's compensation act is valid , and not co ntrary to any provision of the s tate or federal constitutions. Id. \;<,Torkmen's compensation act does no t Yiolate amendment to const. art. 10, § 4, providin g compe nsation "to each person injured," in that no com pensation is allowed for first 10 days of disability. Id. \.Vorkmen's compensation act, § 124-113, does not deny the right of an employe to be repr esent ed by counsel, in view of § 124-128, relating to fe es of attorneys. Id. \;<,Torkmen's compensation act is not unconstitutional in that the provision that children over the age of 16 shall not be considered dependents unless incapacitated. Id. \Vorkmen's compensation act is not unconstitutional in that nonresident alien family of deceased employe shall receive only 33 per cent. of amount allowed to residents of state. Id. This chapter held, not based on unreasonable classification, citing const. art. 1, § 34. Ideal Bakery v. Schryver, 43 W yo. -, 299, P. 284. Under_§ 124-124, providing that no money payable 1:nder this chapter, shall, prior to issuance and cleltvery of ~varrant therefor, "pass to any other person by operat10n of law," the rights of an injured employe to comper)sation provided for in §§ 124-102, 124-103, 124-ll3, did not pas to his administrator as an asset of his estate on his death after award had been made, but )Jefore the issuance or delivery of the warrant provided for in § 124-115, since in its ordinary and usual sense within § 112-101, the phrase "by operation 0 .f law," when used to describe a method by which !1tle to property is transferred, includes a transfer by mtestacy. La Chappelle v. Union Pacific Coal Co., 29 Wyo. 449, 214 P. 587. This chapter cited in State v. Carter 30 Wyo. 22, 43, 215 P. 477 1 484. ' l•~indings 0 n evidence in compensation contest concWlusivc. Standard Oil Co. of Indiana v. Sullivan, 33 yo. 223, 237 P. 253. . ~ward not conjectural, though different finding Justtficcl. Id. Under this chapter there is a prima facie right to ~o.nrpensation when disability or death is result of an ~;;ur:i_r sustained in extra-hazardous employment a!1d . e rtght thereto should not be denied unless the mJuft wa_s _due solely to the negligence of the workman t ose tnJury or death is the basis of the claim,. a 11d he burden of proving such affirmative defense rs on WORJ<MEN'S ' COMPENSATION· 124-104 th e employe r, iu view of § 124-11 2. Hotelling v. Fargo• 124-1.?3. P~ovisions_ exclusive, compulsory Western O il Co., 33 W yo. 24 0, 238 P. 542. and obligatory. The rights· and -remedies proTotal disability should not be · declared pe;·manent. v ided in.this .c;hapter J~r an.erp.ploye m1 account unl ess certa in. Cart er Oil Co. v. Gibson 34 Wyo. ·53 241 P. 219. • • ' . ' of an injJ,1ry, shall . be excltisive of all other Evidence held, to justify findi ng that total disability rig hts and remyclies of-such' employe, his perwas pe rma nen t. , Id, , . son.~l _. .or ' lega_l. repre?~htatives or dependent Legislature may lmeose duty on court repo'rter of fa mily at common law ·or otherwise on account making transcri pts of compe nsation cases free of cost.' of such injury; and the terms, co~ditions and In re \\Tin borne, 34 \Vyo, 349, 244 P. 135. This chap.te r cited in constru in g §§ 124-104 arfd ,124- , prov isions of this chapter for the payment of 107. In re Kar os, 34 :W yo. 357, 243 I?. 593. . , comp ensation and ·the amount 'thereof for inRule that in case of . cq,1 flte ti1,1g ev iden ce appellat~· juri es sustained or death resulting from s·uch co urt will not reYersc judgmen t supp orted by sub- ' stantia l evidence, held, applicable to cases ' i.mder this injuries · -shall be exclusive; compulsory· and chapter. 1vfdvfahon v. Midwest Rd inj ng Co., 36 vVyo. ob_ligatory upon both employers and employes 90, 252 P. 1027. • . . . .. . . coming within theq'>rrovisoions hereof. [L. '15, Th is cha pter cited ' in const ru ing cer'tain se ctions '. c. 124,· § 3-; C. ·S: '20; § 4317. hereo f. I n re H ibler, 37 Wyo. 332, 261 P . 648. Quoted in ·zanc'anelli v. •Central Coal · & Coke Co., T his chapter ·cited in Rcin tsma v. Standard ·O il Co., 25. W yo. 511, 173 P . 981. . 37 Vlyo. 471 , 263 P . 619, annota ted under § 124- 11 4. . Cited in !-,a Chappelle ,v. Unio11 Pacifjc -Coal Co., 29 Cited in con strn ing § 124-112. In re Martini, 38 W yo. 449, 214 P. 587, _am1-9tated under § 124-101. . W y o. 172, 265 P . 707. ) .24-104. Extra-hazardous occupations de124-102. General provi~ions. Com pen sation her~in provided fo r .shall be payab le to' per.~oils fined. TJ'ie extra-hazardous occupations to injured in · ex tra-hazardous empl oyments, ·as ; which this chapter is applic2;ble are as follo,vs: herein defin ed, or ·th e dependerit families·' of · Factories, garages, mills, printing plants and such, as die, as the r esult of such injuri'es, ex- workshops where , ip.achin1:ry is used; foundcept in case of inj ur ies due solely to the culpa- ries, blast furnaces, .mines, oil. wells, oil refinble_ neg ligence qf the injured empl oyes. S_aicl eries, gasoline filling stations · and bttlk oil stacompen sation shall be payabl e from furids ' i'n ' tio.ns, gas works, _n atural gas plants, water the state treasury to be accumulated and main~ work~, reduction .wor)cs, brew~ries, elevators,taine in th e manner ·herein provided. The right dredges, ~cavations, transfer companies, genof each employ e to compen sation from such eral teaming, general trucking, ditch rider of funds shall be in lieu of and shall take the place irrigation districts, ·smelters; ppwder works, of any and all rights of action against any-em- laundries operated by power, restaurant and · ployer contributing, as reqi1irecl ·b y law, to such bakery kitchens , where power machinery. is fund in favor of any Stich person or persoris oy used, quarries, engineering works, logging, reason of any such injury or death. Sections lumber yards, lumberin·g . and saw mill opera23-129, 89-403 and 89-404, and all laws or ·p arts tions, elude ranching, street . and interurban railroads not engaged in intyrs_tate commerce, of laws relating to damages for injuries or buildings being constructed, _repaired, moved death from injuries or in anywise in conflict . or demolished, painting operations, telephone, wi~h this chapter ·are hereby repealed, as to. t1'e telegr~ph, electric light or ,power plants or; employments, employers and employes com~ lines, steam heating or power plants, railroads ing_ within Hie-terms of this chapter. [L. '15, c. not engaged in interstate commerce, bridge 124, § 2; C. S. '20, § 4316. • building, the. occupations of city or to,vn -fireQuoted in Zanranelli v. Central Coal & Coke Co., men and city or: town policemen, and all em25 Wyo. 511, 173 P. 981; and in Ideal Bakery ·v. ployments wherein a process requiring the use Schryver, etc., 43 Wyo. -, 299 P. 284. . of any dangerous explosives or inflammable Cited in La Chappelle v. Union Pacific Coal Co., 29 materials is carried on, which is conducted for Wyo: 449, 214 P . 587, annotated under § 124-101. • The word "solely," as used in Const. art. 10, § 4, the purpose of business trade or gain, each of and this section, enactecl pursuant to authority there which employment is hereby determined to be given, is a word of exclusion, and may be used to extra-hazardous and in which, from the nature, mean "only" or "exclusively," and as used must be conditions or means of prosecuti_on of the work given a reasonable ·meaning, in view of the kno,vn therein requi.red risks to the life and limb . of policy of this chapter. Hotelling v. Fargo-\;,,'es tern the workme1, engaged therein are inherent, Oil Co., 33 Wyo, 240, 238 P .. 542. . . Proof held, insufficient to · sustain affirmative. de- 11ecessary or substantiallx unavoidable. This fense that workman's death was due solely to his own chapter sh.all not apply in any case where the negligence; fellow workman's negligence immaterial. injury occurred before this chapter takes effect, Id. City employe, injured while impounding animals, and to all rights which have accrued by reason which occupation was not within ·compensation law, of any such injury, pri01:. to the taking effect could not recover compensation, · though also emof this chapter, shall be saved the remedies now ployed as truck clriver, which was within· law. Leslie existing ther~for. · [I:,, '3!., c. 94, § 1, amending v. City of Casp,~r, 42 Wyo. 44, 288 P. •_15, �124--105 \i\TORKl\iE N'S CO MPENSATION L. '29, C. 46, § 1; L. '23·, c. 60, § 1 ; L. '21 , § 138, § 1 ; C. s. '20, § 4318. Questions of negligence for- injury re_ceived in extra-hazardous occupations stated. Hotelling v. FargoWestern Oil Co., 33 \Vyo. 240, 238 P. 542. . . Plasterer, contracting to move hous_e and . h!nng helper, held, employer engaged in movmg bmldmgs. In re Karas, 34 ViTyo. 357, 243 P . 593. Cited in Leslie v. City of Casper, 42 V•tyo. 44, 288 P. 15, annotated under § 124-102. r Quoted in Ideal Bakery v. Schryver, etc., 43 \l\ yo. - , 299 P . 284. 124-105. Exceptions. This chapter shall not be construed to apply to business or employments, which, according to law are so e1;gaged in interstate commerce as to be not subJect to the legislative power of the state nor to persons injured while they are so engaged, nor to any employe engaged ,in domestic service, ranch, farm , agricultural, or horticultural labor,. or stock raising, or any person holding an appomtment as sheriff, or deputy sheriff, or constable or deputy constable. [L. '23, c. 60, § 2, amending C. S. '20, § 4319. 124-106-7. Definitions. In this chapter unless the context otherwise requires: . (a) "Factories" mean any premises wherein power is used in manufacturing, making, altering, adapting, ornamenting, finishing, repairing or renovating, any article for the purpose of trade or gain, or the business carried on therein, including expressly any brick yard, meat packing house, foundry, smelter, ore reduction works, lime-burning plant, stucco plant, steam heating plant, electric lighting or power plant, including all works in or directly connected with the construction, installation, operation, alteration, removal or repair of wires, cables, switchboards or apparatus used for the transmission of electric current, and water power plant, including tower and standpipes, power plant, blast furnaces, paper mill, printing plant, flour mill, glass factory, cement plant, artificial gas plant, machine or repair shop, oil plant oil refinery plant and chemical manufacturing plant; (b)_ "Work shop" means any yard, plant, premises, room or place where power driven machinery is employed and manual labor is exercised by way of trade or gain, or otherwise incidental to the process of making, altering, repairing, printing or ornamenting, finishing or adapting for sale or otherwise any article or part of article, over which premises, room or place the employer of the person working therein has the right of access or control· (c) "Mill" means any plant, premises: room or place _where mach~nery is used, any process of mac~mery, changm~, altering or repairing any article. or commodity for 5ale or otherwise together with the yards and premises whlch are 2000 a part of the plant including elevators, warehouses and bunkers, saw mill, sash factory or other work in the lumber industry ; (d) "Min e" m eans any openin g in t he ear th fo r the purpose of extracting iron, oil , coal , or other mineral s and all undergrou nd workings, slopes, drifts, shafts, galleries, vvells and tunnels, and other ways, cuts and op enings connected therewith, including those in the cou rse of being opened, sunk or driven , and includes all the appurtenant structures or machinery at or about the openings of the m ine, and a ny adjoining adjacent work place wh ere t he material from a min e is prepared fo r use or shipment; (e) "Quarry" means any place, not a mi ne, where stone, slate, clay, sand, g ravel or ot her solid material is dug or oth er wise removed from the earth for the purpose of trad e or bargain or of the employer's trade or bus iness ; (f) "Building work" mean s any work in the erection, construction, exten s ion, decoration, alteration, repair or demolition of any bu ilding or structural appurtenances ; (g) " Engineering w ork" m eans any \York in the construction, alteration, extension, repai r or demolition of a railway (as herein befo re de- _ fined) bridge, jetty, dike, dam , r eser voir, un derground conduit, sewer, oil or g as w ell, oil tank, gas tank, water tank or tower, or any caisson work in artificially compressed air, any work in dredging, work on log or lumb er rafts or booms ; pile driving, moving buildings, moving safes, or in laying, repairing or removing underground pipes and connections; the erection, installing, repairing, or removing of boilers, furnaces, engines and power machinery (including belting and . other connections); and any work in grading or excavating where shoring is necessary or power machinery or blasting powder, dynamite or other high expl?sive is in use ( excluding mining and quarrymg) ; • (g-1) "Dude ranching," for the purpose of this chapter is defined and means a ranch conducted primarily for the accommodation and ente_rtainment of guests for monetary consideration; (h) "Employer" includes any inuncipality, co~nty, person, or body of persons, corporate or incorporate, and the. legal representatives of a deceased employer or the :r-eceiver or a trustee of a person, corporation, association or partnership. [L. '31, c. 94, § 2, amending L. '23, c. 60, § 4; C. '20, § 4320. (i) "Workman" means any person who has entered into the employment of or works under contract of service or apprenticeship with an ~mployer, except a person whose employment is purely casual and not for the purpose of the s. 2001 •\!\TORK.MEN'S I COMPENSATI ON '124--110 •em ployer's trade oi: bus in ess,. or tlmse engaged . the: di1t'ie_s o.f h is emp'.loymerit or after leaving in clerica l work, an t! not subject to the hazard s . such duti es,, ,the_proxnnate cause of which inof the bus in ess, 0 1- on e holding an ·official ·pos i- jury is IJ.Ot the employer's negligence; ti on. T he terrn "workm an" shall in clud e "em(m) Th e word s "injury and personal inploye" and the ·t er m "emp loye" shall inclu de 'jury" shall i10t include injury caused by the " workman" and each shall includ e t he sing ul ar w ilful act of a •third person directed aaainst and plural of both sexes. Any r eference to a . a'n em ploy~. for reas·ons personal tq •such emworkman w ho has been injured shall wh ere th e ploy'e! or . because· of his employment; nor a workm an is .dead, include a · refe ren ce to hi s disease, except, as it shall directly result from "dependent fa mi ly" as herei nafter defi ned, or . ai1· injury incurr_ed in the employment; to hi s legal representative, or where t he work(11) " Inval id" mf!ans one w ho is physically man is a m inor or in compete nt, to h is g uard ian or mentally incapacitated from earning wag es. or next fri e·n d. [L. '15, ·c. 124, § 6 ; L. ' 19, c. [L. ' 15, c. 124; § 6.; C. S. '20,§ 4321 , as amended. 117, § 2 ; .WJ1ether eo; ploye's. work is casual or for purpose • (j ) • "Dependent families" as used in t h is of em p loyer's trade or business, within' this section, chapter mean s··such members of t he workman's defi ning workri1an, depends on· facts of individual case. fa mil y as were _w h_oll )r or in p··art · actually- de- • In re Karas, 34 Wyo. 357, 243 P . 593. Ho use mover's employe, ·driv ing tractor, held, workpenden t upon the ,vorkm an fo r support at th e ','1;1an, within · compensation la w, thoug h e111ployment t ime of the in h1ry; if it be show11 that the sur- " ;as casual. Id. : • . • v iving· spouse w ilfu lly desert ed· deceased w ithSubdivision or ··held, to · includ e injuries . suffered • thr ough th e performance of an · duties of the employout f au It upon t I1 e part O f t I1e deceased, such men t, whether main• or incidental thereto but called surviv in g spouse will }10t be' reg arded , · as a • fo r by it. Ideal Bakery v. Schryver, etc., 43 W yo. - , depe nd ent in any degree. No surv iving spo\1se 299 P. 284. •• • • ' shall be enti tled t o the ben~fi.ts_of this, _c hapt'er . Cited In re Ma rtini, .38 .v,/yo. 172, 265 ,P . 707, anunl ess he or she shall have been· married to the noted uhder § 124 - 112•• deceased at the tim e of the injury. [L. '21 , _c. , 124-108. Guardian may act for persons un138, § 3 ; • • der disability. In case .an injured workman is {k) "Child or· chilcjren" mean s b oys u~1c\~r -m entally incompetent or a minor, or where s ixteen ·y ear~ of age and g irls ·tmder ei ghteen death ·r esults from -the injury, in case any of ~years of _a ge { and over said ~ge, if physically liis dependents, as herein defined be ,mentally or menta11y incapacitated fr om ' eari1ing} -aiicl • incompetent or a· niinor, at the time when any ·shall also include legitimate childre,i ofthe 'in- 1:ight or i;irivilege accrues to him under this jured workp1ari born afte'r his ·9eatli o~ inj'm;y. •,chapter, his guardian may, in his behalf, cfa.im In 'ot)ler C?ses, -questions· of fa.'m ily dept!ndehcy ·an<:L exercise ·su.ch right .or -privilege and no in whole -or iri part shall be determined' ir\. ai:- , 'limitation of time, in this . chapter provided cordance ,..,-jth t he fact, as the_ c_a se ,may 'lie, at for, .shall :run, so long -as such -i ncompetent or the time of the _injury_; the foregoing d_efiniticin • minor has no guardian. [L. '15,. c._ 124 § 7; -of "<l.epei;ident fam ilies" shal\ not _i1.1c'lude, any C. S. '20, ·§-43.22. of the ·persons named, w ho are aliens residing . 124-109. If other .t han employer is liable. beyond the jurisdiction of the _U nited -States of 'Where an · employe co'1ning unde_r th,e proviAmerica, e?(cept a surviving wjdow;__ pr ·~oys si,ons .of. this chapter receives an injury under under 'sixteen .(16) years of age · or \girls · mt·circurn's.t. a n~es creating a legal 1iability in some der -eighteen (l8) years· of age, or parent or person .other ·than the employer to pay damparents, and ·as to suc·h non-resident alien.s the rate of COmP.ensation ,shall n,o f exceed . ~hirty- ages in respect thereof, and no leg al liability three and one-third per cent. (33¼:%) of the attache!;i to the employer, then and in • such case such .employe shall ·be left to his remedy rates of compensation herein p:rovided. [L. '23, at law against such other pers.on, and com·c. 60, § 3 ; · • • ·' pensation shall not he payable under this chap(I) The words "injuries sustained in extra- ter. [L. '15, c. 124, § 8.; C. $. '20, § 4323. hfizard.rius employni.ent," . as used in :this chapter shaH inclucte death resulting from injury, 124-110. This chapter governs fi!S to liabiland injuries to employes, as a result of-:their ity of employer. No contract, rule, regulati_on employ;meJ11t and while a:t work in :or .ab.ouit the •or device whatsoever ·shall operate to relieve premises occupied, ,us·ed ' or controlled by·•the the employer, in "'"hole ·or in part, ·from any ,employer, .and injuries • occurring else,vhere lia:bility created by this chapter except as herewhile .at work in places where their employer's in provided. [L. '15, c. 124, § 9; C. S. '20, § business r.equires their presence and . .subjects 4324, them to .e..'X.tra-hazardous -duties incidelil.t to the Vlhether stipulation for reop ening case on certain business, but shall not include injuries of the conditions after final judgment allowing compensation to injured employe is ·void, under this section, is imemploye occurring while on his way t ~ assume 1 �124-111 WORK MEN'S COMPENSATION material in determining whether tourt had jurisdic tion to reopen judgment, which a1opted and_ confir_m er statements in stipulation . at least m part. :tlf:dw est Refining Co. v. George, 41 V•lyo. 55, 281 P . 100:i. ~2002 state treastirer for. .s itch r puq5os,e s, • and frShaJl 1 be verified as pleadings .in c;iv. il :a ctions, Wilf,ul failure . or neglect;,bn the par.t of any employer w hose business i ol' ' o.c cup.atj_on , i,s ,o ne I emJmer124-111. Blank forms .supplied by state ated and ,defined , herein as, being ,extra-haz_ard. treasurer. It sl]all be the duty of _tl1e state ous, to r.eport accidents ca1.,1:s,i11g. injunr to any treasurer to prepare, cause to b_e I!nn te~l and . of .his employ es ;. shall1.be. a ;miscl.em.eanor ! an9 supplied free for_ use in the admin1 strat10n of upon convictioi1 >st:1)::h employ~r shall be pirn• this chapter such blank forms as may be needed ished by a ,fine of 110,t : exte.edmg ,nve h,u ndred in the administration .thereof. and the forms dollars ($500.Q0): , ,,· 1. ·_• .. r.;, , . ·, provided by the state_t'r~~surer shall he use_d The :injure.cl employe'.s , repC?rt ,of acciden t as near as may be in all procedure under this may be made .upon, a printed·, form prepar-e,d chapter; _and it shaH be the du~y _of the state by the ·state treasur.er. for ·that,. purpose. No treasurer to provide- himself with such other order or award for compen sation shall be m j de books, records, or forms· as m_a y ?e deeeme? unless, in addi_tion •to the repor-ts•- of accident, necessary to expedite the transaction of busi- an application or claim for award is fil_ed ,by-the ness under the provisions of this chapter. The injured workman ,' or. someone ,-.017, ht s behal_f, state treasurer shall -also prepare and cause to or in case -of -tlre death of .th!:! ,i njured ·" ·orkbe printed, for the information o_f employ~s and man, by his d~pendents or; some -~n,e •in their workmen, such helpful instruct10ns as will _as- behalf, with the clerk of the district court in sist injured workmen in correctly makmg the county wherein such accident o£~urrecl, claims for compensation : _[L. . '23, c. 60, § 5, ,,within five months af_ter ~he day on ? ·h1ch the amending L. '21, c. 138, § 4; C. S. '20, § 4325. , injury occurred; prov.icled, how ev,er, 1f. th e, em124-112. Reports of ~ccident. 'Whenever an ploye's report of accident is· filed wi~h in th e accident occurs, causing hi.jury to any ':'ork- prescribed period for fili11g an c;:mploye·s report man engaged in _any of ~ the cxtra-~azardous of accident, the period ot •limitation for t he emploments defined hy this chapter, 1t shall be filing of such claim shall be nine . i:nonths. the duty of the empl_oyer and the . inj~red em- Neither the. reports of accidents •nor a nything ploye, or someone on his behalf, or 1~ behalf therein contained· shall constitute a .claim for of the injured employe's 'dependents , 1f he be compensation. The employe's clain: ·for comkilled or dies from the injury, within 20 days pensation may be amended at any time befo:e thereafter to inake a report or such accident an origin.a l order of award ha1\ been made ·m and the apparent injury resulting therefrom order that the workman may correctly set out and to file said report in the ·office of th_e clerk the nature of his injury. ',[C. ;3. '20, ,§ 4326, .as of the district court of the county wherein such amended by L. '27, c. 11,1, § ,1; :\'.,·. '29, c. 61, § 1. Cited . in Hotelling v. Fargo-VVestei-n Oil Co., ,·33 accident occurred which report shall state: • (1) The name of the injured wor½man and 'Nyo. 240 238 P. 542, annotated.un;de,r ,§ 124., 101. • l . . Report filed by empl<;>yer,: ?Ol1~~rning _ac;~ide1:t a~? the time, cause and nature of the accident and mJury suffered thereby, 1s ordmanly adm1ss1ble m ~v1injury; also whether the injury has disabled dence. Ideal Bakery v. Schryver, efc.,' 43 W yo. --'-, , • • , : '. the workman from _contin\1ing the performance 299 P. 284. Limitation of time for application for comp,e n~ahon of his duties; · injured employe, held, applicabl~ to injuries ~esul,t (2) \Vhether the accident occurred ·\\"hile by ing in death. In re 1fartini, 38 Wyo. 172, 265 P. 707. the workman was engaged in the duties of his Limitation for fil ing claim by injured employe, held, employment, and grew out of the employment; applicable to claim bv surviving parents . . Id. ". , That employe's surviving pai;ents 'were -i,n It~ly, (3) The nature of the employment and the no excuse for not filing claim for cpmpensat_1on duties and how long the workman has been held, in time. Id. •• • • • •• •' engaged in the service of such employer; ' Lack of knowledge· as to limitations for ·filing claim (4) Whether the accident was or was not for compensation, held, no excuse for failure . to fi)e • ,Jue solely to the culpable negligence of the claim within prescribed .tim_e. .. Id. injured employe and if so,' a statement of the 124-113. Investig~tion by th~ district judge facts; -Procedure in disputed cases. , 'Whenever •an (5) \-Vhether the injured workman is mar- • injury ot death resulting from injury •is reried or single; whether he has a dependent ported to the: clerk of the · district court of .the family, and if so, the names of the persons county wherein such fojury occurred, in ·arcomprising such dependent family and their cordance with the preceding section, ._it· shall place of residence; 1:1e the duty of said : clerk to_· af oilce notify the (6) \Vhethcr the injured workman intends Judge of said· court; that -such hijury, repo1't .has to claim compensation under this chapter. heen filed •in· ;his · office . .. It shall ·thereupon be Said employer's report of accident may he the duty of said.j.u.dge to.investigate the. pature made upon a printed form prepared · by the of said· injury and ,claim· for.:c©mpen-sa,tion·•,at ., .., . . WORKMEN'S , COM-P E~SN I'ION 2003 the earli est poss ible. date: ' in ,s uch a m ann er ani:;~ a,ri:d ,mileage, as is fixed )1y · law in civil a he may deem nec ess ary to ascertai n w hetb.e'i; action s,- and · ,jury. costs shall also :be taxed to th e clairn ·. for ·, coin pen.~a,ti 6n or t he ,?in oun.t . a)1 d paid ifn m1i th~ accident fund, if the verdict t hereo f, is di sputed hy the.· employe~. , and if ancl ,judg ment, be in favo'r of the einploye·r ; . but t hei·e he no: clispute,r- as ·to ·th_e·· rig ht of ·t h~ in~ if; aga in~t the employ.er the~ he shall pay the jurecl w9rkman t o . rece(Ye ·compem{~tioh, cir costs. At the c.onclusion of the bearing, the as to the an1ount ther~of,.-ancl the .cl aim .appea,r court-shall enter an ·order pursuant to the vert o be free frnm collusion, said judge shall t here- dict of the )jur.y,; if a jury be called, and .if no upoi1 m ake an ord er directing payment ,fo r such jury be. called,, the . court or judge shall render co111pensati on •from t he ·state industrial' acci: a dec:isi~n upon the facts and . law of the case dent fund in accordance with the fac ts by him pursuant to the prov-isions •of this c_h apter, and ascertain ed an d the terms .of th is chapter. If make : an order ,allowing or disallowing comt here be ·a di sp ute, _as t o t he rig ht of said in- pensation, ;as.. .t11e .law and -the evidence may j ured 'e mploye or his dept1icl e1\ t ·fa111ffy :to re- w arrant. In any proceeding before a court or ce ive comp ensat ion, or as t o the amount th ere~ ju'dge, as. aforesaid; the court or judge shall of, t hen it shall be the duty of said judge to have author ity to appoint a duly qualified imset th e cas e clo\'hl ,for a hearing .at: 'the . earliest part iar •physician to examine · the •injured empossil=1 le ,date and to dii-~c t .no~i~e_o f s_tic\1· ~ear:; ploye 1.and, ;gi:ve testimony . . The· .fee for ·such in g, to -be issued by the clerk of sa;i.d cour t .for service, shall t,·e.- five· dollars · ($5.00), unless service upon th e emp!oyer an4 th e ei:nploye 'at dtherwise· ordered by the court, with mileage least seyen (7). days before th e _date _fixed for allm~rance,' .a s , is · allowed to ,other. witnesses, said hea ri ng, which said not ice shall b<f served whi eh shall- b'e taxed as· costs, and paid,as other bv the sheFiff of said c·o unty withovt .'exp~nse witness .fees • are . paid. :r'he employer or emt~ ei th er·party; excep t that his actual ·traveling ploye may, at his owri ·expenses, also .appoint a expenses shal l be all owed an d taxed, as _costs. qualified pliysi'cian,,• v.fho · may ·a ttend and be The h earing shall be conducted upon ti:].~ s.tate- present at any, such examination of an injured in'ent and report fil ed by t he _employ er_, ~nd employe ·and give testim'o hy at such hearirig or such formal clai ms as maj,. be pre?eiit ~d ,~111 ~ investigation. ,, [ L. '15, c .. 124, § 12-; C. S. '20, • fil ed with the clerk of the district c.ou'rt by . or §A 327. · : · , • on behalf of t·h e injured workman'. ;r,(~~<:! :em~. . • This ·se'ctidn ddes 'not de.ny the right of an 'employe ployer, in h,is report of th~ injury 1 alleg:es ~p.~t lo'; Jie represented by counsel, in• view of § 124-128; the injm;y was due solely to the culp<;ble !:~g- relating . to fees of attorneys. Zapcanelli v. s;entral & Coke Co., .ZS. Wyo. 511, 173 P. 981. . lio-ence :of the jnjured employe, or.: that ·.the •Coal Court in compensation · proceeding held, authorized c&in1 ,''for "compensation is . on e not '_ coming to ·sectii-e expert testimony on effect of injury," though within the''provisions of ·_ this chapter; then a bearing on ultimate fact. Sal<amdto "· Kem!nerer Coal ·' • . • j~fry may be •dema:r~ded by either party ~nd Co., 36 Wyo. 325, 255 P. 356. Refus al to take compensation case fr_o m jury after the cause ·shall be tned, as a-court proceedmgi e111ploj•er admi~ted the~e was no evich;nce of workIf jury is demanded,-_it n1ay_ be _se~ec.ted fr'om man's· ' citlpable negligel)'ce,. held, not ·error. In re . names drawn from the'fivem1le hmit Jury box, Hibler, 37 'Nyo. 332, 261 P. 648. Hearsa)• tes timony • of dece_ased e1:1ploye' s_ ~v1fe, as in -civil cases, at any -time in term,, time -o r i::ohceriling employe's sta.tem_ents relatmg to mJu_ry, ,mc·ation unless a reg ttlar .jury , pan~l he) n. at~ admissible :where no ob1echon was made at trial. tendance at the court on . the dat~ c1ny: pu~h Ideal Bakery · v. Schryver, 43 w_yo. --:, 299 P. 284. hea~\ng may . occur .. !he ' taki~g . of ~;y~~epc;e , 'Cited · in La Chappelle v. Umon Pacific Coal Co., Vvyo. 449, ~14 P. 587, a~notat~d under § 124-101., shall be summary, givmg a fu~l opportl!mty to 29 Cited in Midwest Refinmg Co. v. George, 41 Wyo. all parties to develop the fa~ts, !u.ljy . . The_of- 55; 281 P . 1005, :annotated un_der § 124-140. • .. ficial court reporter ~f.,the . distr;1~t :court . ~?a}! ·124.:114.; A~peal =to supren;ie ·court. Anv attend the hearirig and make a stenogr~phie report 0 f the evidence _without ,cost: ~o:-either order o-iven and. made in any · investigation or party. , The court ?r· Judge : shall , ·d1!:eFt the hearing by a court or · judge, pttrsuant_ to the county and prosecutmg attorney; Of ' ot~e,r com~ pi·ovisions of this chapter, shall be rev1e\vablc P!!tent attorney ai:pointed _b y the· court.:to ,con- by the state ·supreme court ?n pro_ceedings in duct the examinat10n of W¼~nessl::s .on be~alf .of error in the manner prescribed by the code th~ injµred workman, and it._ sh~ll ~e .. the_puty of civil procedure; _rrovided, h~wever, that the of said attorney to appear and perfo~m s~ch petition in error, bill of except1011s and record service '.without expense to either ,pa,rty. The on appeal must be filed in the supreme court eriiplpyer· 'may appear in person . or by _com:sel within seventy (70) days from the elate of deand introduce evidence _at the s~me hearmg. cision or order on motion for new trial hy a No costs shall be taxed by ~he cle,rk except court '·or judge, ·. unless the time be extended fees -for witnesses who may be subpoenaed and by order of court or judge; and fifteen (15) who shall be allo,~ed the same fe'es; for attend- _d ays . shall be allowed plaintiff in error there• a • • • • • 'H •• 1·; l I' �124-114 "\iVORKMEN'S COMPENSATION after for filing brief, and fifteen (1~) days thereafter shall be allowed defendant m error for filino- brief, .and said appeal shall be adyanced ~n the cafendar and disposed of as promptly as possible. In case an appeal to the supreme court ~s prosecuted on behalf of the injured '\Yorkman, the county and prosec_uting attorney, or other attorney reQresentmg said workman, shall order a transcript of the record of. the hearing . and ·proceeding to be prepared bf the official court reporter of the district . wherein ·said injury occurred and duly certified "Without cost to said injured workman, and said county and prosecuting attorney or other attorney shall order the papers on file in the ·office of t11e· clerk of the di strict court to be"by said clerk prepared, transcripted, certified and forwarded to the clerk of the supreme court, without cost to the injured workman, and the :proceedings in the supreme court, shall be conducted on behalf of the injured "·orkmari •l)y the. attorney general of the state as part of his official duties, and by any other attorney .representing said workman. In case an appeal be prosecuted on behal_f of the employer, the record- of the pro_ceedii:igs at the original hearing shall be supplied w1th011t cost to_such employer, but such employer may employ counsel to conduct such appeal on his behalf. The court granting an appeal to an employer from an order of award shall stay, until the appeal is finally determined, the payment of said award· or that portion- thereof appealed from upon such .terms as may to the court seem just and proper. [L. '31, c. 73, § 59, amen<ling L. '25, C. 124, § 2; C. s. '20, § 4328. 2004 case on appeal. In re K:rivcikapich, 41 ,\V,yo. 9, 281 P. 195. -. . i • , ., • Failure of parties appeal.ing fr<;>m .aw_a~d,: of compensation proceedings t.o file· re'cord within ·s tatutory period required dismissal. Id. • ' • ' .' . Case dismissed for failure •to :p,erfect appeal m time . l\farsh v. Aljoe, 43 \Vyo. - - . , Proceec:lings· held, reviewable . by _cjir~ct appeal except where altered, in ·view · o_f 'this sect10n. Marsh v. Aljoe, 41 Wyo. U9, 282.P. 1055. :!: ' • District . court held, author~zed_ to make , second extension ox:der for pedecting.,appeal to suprerr:i e cour t._ 1d "Right of compensation claim ~n; ·t~ ·'atlorney ·ge:1eral's services must y.ield to \ state ·treasurer's rig ht thereto when he petitions to reopen ca:s·e. Id. ' Sup;eme court has no jurisdktiC?n of appeal in ~om pensation proceedings taken after exp1rat1011 _of ·st:-itutory period, therefore without order extendm g t ime. In re Contas, 42 \'\'yo. 59, 289· '!?· 368. . . • General terms of compensation..law, fi x mg tnn e fo r filing record on appeal, were applicabl ~ to fili ng record in compensation cases under sub se·qucntly crea ted appellate proc'eclure. In re Contas, 42 VITyo. 94, 291 P. 31"4. . •. To entitle record on appeal to be filed w1th111 statutory period, docket fees must be paid to i;lcrk with in time allowed. Id. Appellant has duty of seeing that his r-e~ord on ap• peal is forwarded to supreme court as required by law . Id. 124-115. Court order recorded-Copies· to auditor and treasurer. Every order given ai1d made by a district court or judge awardi11g pavment from the industrial. accident fund to ·an· 'injured einploye or his dependent · famil y , shall be entered of record by the clerk ·of the court where given and true copies· thereof shall be immediately made and certified qy said clerk and forwarded •to the state auditor and ·state t·reasurer, respectively, of Wyoming,' and 'shall Law permitting retention of fees by reporter for be by each of said ,officers entered :upon,,~ r\:;Ctranscripts held, not to .repeal law requiring transcripts ord to be known as the compensation ·docket, in compensation cases to he furnished without co,t to and shall be the authority' and -direction of the parties. In re \Vinborne, 34 ·W yo. 349, 244 P. 135. Cost of transcript, in appeal under this chapter, not state auditor to issue warr.ants for compeusa7 contingent expense payable out of industrial accidl' nt tion awards against the industrial accident fund, nor ·from interest earned by said fund . fund and for the · state treasurer to pay .such Judgment on substantial evidence in compensation case is conclusive. Mc1ifahou v. i\fidwest Refining Co., compensation awards frorp ·$aid 'fun.cl. .[ L. ,'15, 36 \Vyo. 90, 252 P. 1027. C. 124, § 14; C. S. '20, § 4329. . • \Vhere petition in error and record hi compensation Cited in La Chappelle v. U~i~~ Pacific Coal . Co., case were not filed within time limited, the supreme court was without jurisdiction. R eitsma v. Standard 29 Wyo. 449, 214 P . 587, annotated under §" 124-101. Oil Co., 37 Wyo. 471, 263 P. 619. Mot~on_ for new trial, under this section, must be filed w1thm 10 days from final order, and, where not so filed, error proceedings must be dismissed where motion for a .new trial was necessarv. Standard Oil Co. v. Buchanan, 39·\\'yo. 372, 271 P. 876. Procedure on appeal in ordinary civil cases applies to c~ses under compensation act, except ·as otherwise pronded. Td. Assignment of error in motion for new trial not urged in brief is wah•ed. Ideal Bakery v. Schryver 43 vVyo. - - , 299 P. 284. ' Unless_ an appeal. from an order, in proccdings under this chapter, 1s perfectecl . by .filing record in supre1!1e co~rt within 30 days thereafter as required ~>Y this section, or as extended by 9rder of court or Judge, the supreme court . has ·no jurisdiction of the 124-116. Industrial acciclent fund-Appropriation. There is hereby •created a fund to ·be known as the "industrial accident fund," which shall 'Ire held by the .s't ate treasurer and by him deposited in such banks as are authorized -~o receive deposits of ·the· funds of the state.. The treasurer in making said deposits shall c'.livid'e t!1e said industrial accident fund into two distmct .funds, one .to be known as· the "general fund" and the other to b'e known ·a:s the ''re· serve fund." The "general ·fund" as :near ·a~ may be, shall be used for payment o·f • all awards, claims and •items 'of ·expense ·charge· 2005 WO RJ~M EN'S CO MPENSATION 124-117 abJe aga inst th,e 'in.<lust.1: i~l -accid ent fun.cl , and compu.t ed ·atid paid. Each employer shall cont he "res~r ve · famcl'. ' shall not .be_ used for. any tinue 'to..:make p10nthly contributions as above of said payments ·unl~ss the '-'general fund " at pro.videcl nnless his account, after makino- the the time i •insufficient to m eet the deman cls hereinafter specifie&, deductions therefro_m, upon it, i·n whi ch case th e trea ur er shall trans-• shall equal full. two per cent ..1 (2%) of his anfer fro m th e "reserve fu nd " t o th e- "g eneral nual pay roll com.puted .by multiplying his curfund" a ·sufficien t amount to meet t he immedi- cent month's payroll of workmen engaged in ate demands bpo n sc1id . "general fund." Th ~- extra-ha.zardous . employment· by twelve and purpos·e of treating <:.ai d " reserve ftu1d " is t o s hall likewise be. n.ot less , than three thousand provide a fund \\:ith in th e ind ustrial acc ident dollars ($3,000,00); provided; however, that a1i.y employer ',yliose account is overdrawn hi1id · sufficiently large t o 'p-ay g reat an d tm- shall be r equired to pay mon.thly a sum of usual' demand s · upon th e ·in d ustri al accident nl.oney (including the payments as above f_urn:\ whic,h ~ught be ca used by a lar_g e di saster sp_ecif.iecl) equal .to four per cent. (4%) of the or_, by several such disas ters occm:ring; w ithin m ohey earned by each of , his employes ena short ~ime, and t he " reser ve fun d '' shall be g ag e'd in such extra-haza_r<lous employment kept, apa:rt. t,i'.ol'.n ·t)1 e "general f.mid/' and as )1ear clurihg each calendar month of such employas may be U11used in acco.rdance w ith said pur-. ment until such ·overdraft shall be paid. Such pose. T h e stat e trea,surer shall set aside in the· emp loy er shall 11.ot be compelled to contribute " reserye · fun d" at . th e end of' each month when hi s contributions in, the fund, after makt,_venty-fi ve per cent. (25%) of all moneys re-· irig cl'eductions' as aforesaid,.shall equal two per ceived· in th e' industr ial accident fund· during· cent. (2%) of .his annual payroll, and shall likesaid month in excess of th e amount expended ; wise · be not less . than three th6usand dollars • • the balahce 0£ m oneys so received ~o be used ($3,0Q0.00). • in the "general fund. " Three-foui·ths of •the In adcliton to other payment~ required by " reserye..fund'' shall be as near as may be kept this section to be paid into1 the ind~strial acciin.vested in U nited· States government bond·s, dei1t fund, . every employer engaged in any of state, county; school di stFict or municipal' the otcupatio11s herei·q .defit1ed as extra-hazarclbond's .' All moneys received by th\'! state trea~·-· ot~s . shqll 'in.ake a payrf1erit 'to he k'n~w.n as a u.rer under the provisions o·f this chapter shall. '_'sei;,;ice and policing charge." Such service become a par.t of the industrial accident fimct a.i1d policing chifrge s~all be ·paid ·by the emAl(fees ,or mileage of w_itnesses, jurors' and ployer i;1to t~e . ~ta~e treas~iry for th~ _l;>enefit physicians· ad}ttdged to be · paid from the 9,cci- of the ,industdal accident fund and shall not be dent f4nd in . any cour.t proceedin.g under this credited to· the balanc~ of the en~ploye~ conchapter, . and all contingent expeuse,; incurred tributing. The amount of balance in. the indusin preparing f9r and in .the administration of trial •accident fund to the employer's credit t_h is chapter shall b_e paid from the indust;rial shall not relieve him of his duty and liability accident fund on proper youchers and war- t0 •pay the serviee and policing charge; proFants. [L: '-31, c. 73, § 60, amendfog L. '21,, viclecl, however, that no employer who pays for any calendar · month four per cent. of the C. 65, § 1 ; • C. 'S. '20, §' 4330. • moneys earned by each of his employes _en"Contingent expenses" payabl~ 0ijt of industrial accid'e nt fund, riifers OJJlY .to expenses i.n :i,dministration • gaged :in such e~tra~hazardous employment of state departments, does not i1iclude cost ?f tran- during stich calendar month sha:11 be compelled script, in appeal' under this chapter. In. re \l\lmborne, to pay a service and policing charge for such 34 Wyo. 3'.49; 244 P.135. • nionth'. ' • • . The . service ~nd • poljcing charge shall be 124~117. Eµiployers: ass,essmel)_tS. Every employer engaged in any of the. occupations computed on· the monthly premium paid by the herein defined as extra-hazardous, 1s hereby re- individual employer into the state treasury for q~ired to pay into. the state tre;i.sury foF th~ the benefit of the ind.us trial accident fund durbenefit of the industrial accident fund a sum ·of' ing each calendar month, or on the premium money equal to one and one-}:t.alf per cent. which the employer would have been· required (1¼%) of the money earned by each of his to pay had not the amount of the employer's employes engaged· in such extra-.hazardous em- balance relieved him from the payment of a ployme1it during ·each calendar month of such premium. employment. -Such payment shall be so made The amount of the service and policing on or before the 15th day of the month follow- charge shall be determined according to the .fol• ing the month for which such payments are lowing schedule: the �124-117 2006 WORKlVIEN'S cmvIPENSA!fION cidents to employes,' and to . the end that each Seryicc and employer ·shall compensate all injuries t o the policing charge workmen of .such employer and not .those of, for month oth er employ ers, the state treasurer shall keep \ Vhere the monthly payment isLess than $ 10.00 ..... .... ..... .... .. .... ... ... . $ 1.10 a separate .account for each emplpyer so con~ 10.01 to $ 20.00. Z.ZO tributing tq ~aid fun<;l and shall ·charge ag ainst 20.01 to 30.00. 3.30 the accom;it oj .each ~~ploy:er a\l warrant s paid 30.01 to 40.00 4.40 from the industrial ~ccident fuf).d: • . (a) -A s ·avvards .for .i njuries to empk,yes ?( •40.01 to 50.00.. 5.50 • . . . • 50.01 to 60.00..... ..... 6.60 such ~mployer; · (b ) I n' _paym~nt .·o,f . medi.cal an d surgical· 60.01 to 70.00 .. ...... .. 7.70 70.01 to 80.00.... .. ...... 8.80 supp\ies antj nied1cal or hospital attendanc~ of • • ,. 80.01 to 90.00..... 9.00 an em ploye •of suth em ploy er; . ( c) In payri:~ent fot inv e~tigations of ac.ci:.. 90.01 to 100.00..... ..... . 9.50 100.01 to 150.00. . ..... .. 13.50 dents ·of such·· employer, or 111 paym ent of 111150.01 to 200.00. ... .... . .. 18.00 vest10-ations of accidents of such em ployer, or 200.Gl to 300.00.. .... ...... 24.00 in pa;ment of im·estigations of injuries t b his • 300.01 to 400.00..... ....... 30.00 employes; • (d) Iii payment of w itness fees in' cases 400.01 to 500.00. ... ... ..... 35.00 500.01 to 750.00... . ..... .. 48.75 wherein an order of awa rd is granted to the 750.01 to 1,000.00.......... .. 60.00 employe of sui;:h employer. [L.1 '31 , c: 94, § 3, 1,000.01 to 1,500.00.. .. .. .. ... 82.50 amendingL. '27, c; 111 , § 2 ; L . 25, c. 124, § 3; _l ,500.0I to 2,000.00.:..... ..... 100.00 L. '23, c. 60, § 7; C. s. '20, § 4331. 2,000.01 to 3,000.00...... ...... 120.00 • Cited In re Winborne, 34 W yo. 349, 244 P. 135, an3,000.01 to 4,000.00 ... ..... ... . 140.00 notate~ under § 124-114. 4,000.01 to 5,000.00...... .. ... 150.00 124-118_. Filing of payrolls with state treasOver 5,000.00 .... ..... ..... ........ ..... .... .. 175.00 urer. It shall be the duty of each emplo) er to, Provided, however, in th.a t the expense of ~he forwar,d to the state treasurer, on a blank foi:m administration of this chapter and of makmg provided by said state treasurer, a true COPY. the collections herein . fixed, is greater as to of his payroll of pers.o ns in his employ eng ag ed non-resident .employers engaged in extra-haz- in extra-hazardous employment during the curardous occupations, than such expense obtains rent calendar month, sworn to either by himto such employers bona fide domiciled within self or the person haviJ:?-g knowledge of s~id the state of \i\Tyoming, the service and policing payrolls. Each employer, unless· otherwise charge, . upon the monthly prem~um _paid by supplied with the last ·ahove blank forms, shall non-resident employers engaged m extra-haz- seasonably apply to said state ·treasurer for ardous occupations, shall be double the foregothe same; and any employer who •shall fail, ing schedule, as the same applies to resident employers engaged in extra-hazardou s occupa- neglect or refuse to furnish such true ·copy of his payroll of persons in his employ, or shall tions. refuse · to make the monthly premium . payThe term "non-resident" employers of extra- ments as provided by the terms of this chapter hazardous occupations, in this connection, shall when they become due, and against whom an be construed as an employer of labor engaged award is· made to any injured workman in his in extra-hazardous occupations, who for the previous twelve months has not been a con- employ, shall be . personally liable to the state tinuous contributor to the compensation fund of Wyoming, for the use and benefit of the inas in this chapter provided, and who has not dustrial accident fund, to be recovered by suit. been bona fide domiciled in, or a resident of brought by the state on the relation of the state the state ·of \Vyoming continuously for the pre- treasurer, in a · sum equal to "such award or ceding twelve months next prior to engaging in awards as are entered for payment from the the business of an "employer of labor in extra- workmen's compensation fund of the state of hazardous occupation." \IVhcn any such em- . yommg. The entry of final order· by the ployer, shall contribute to said fund as required Judge of a district' court having jurisdiction of by this chapter, for twel\'e con secutive months s1ch cause a1:proving and allowing an award immediately prior to the commencement within \ c~ml?~nsation shall· be prima facie proof of this state of the occupation, the requirement ~vi~ 1;1~thty of~~ employer so failing to comply to pay double the service and police charge th t is pr?v 1s 1on of this chapter· provided, a non-resident e 1 •• ' • • shall cease. any extr mp oy,ers, upon engaging in this h a-hazardous occupation as defined in For the purpose of encouraging care on the apter and ha • • h . k part of the employers and thus decreasing ac- men cper£ ' . vtng 111 t e1r employ wor -. ormmg such extra-hazardous work, 0 w . 2007 ', WORKMEN'S iCOM PE NSA:rION' / 124-120 shall , be <leemed from the ·date of th e com-· men , who • may,' die as the· result . of su.ch inme1i.ceme 11t .of· 't'1Cl1' ,-vo rk, to· have designated ' juries, except ·id case of-'injuries due solely to . the .sec retary, o"f state of"the 's tate of Wyomin g t he culpable neg ligence of such injured •emth eir :·agent· t or.i 'Setv,ice of ~lllY · process' upon ' ploye, shall receive out. of the industrial accit hem in any· act"iou ·prosecu ted herein und er; I <lent ft!11d, compen·satiori in.· accordance with and · htr'thei·, ' provided, ,N1at , t he secretary of t l1e•foll ow in g:ischedtile, and·such payment shall state, up on ,the. receip't of , ariy process shall be in lieu of and -tak'e the· nlace of any and all sen'd the satne 'by i-egi.s tered mail to the address rig hts df action. against any employer conof· the addressee only,. a1id 1 shSt!f rei:1uest that a· tributi ng, .as required 'by this chapter, to the ret urn ,receipt fo r same be· .furn ished. · The indu st rial accident ·fi.1nd ,in fa:vor .of :any person pro,,isions of tl1is sect ion shall not modify '1;11_Y or person~ by r.eason of 'ariy .such injuries or other provisions • of this chapter, but shall be death. ., . ' deemed t o ·be in addition thereto·. . (a) ."Peri11anent pa; tial· disability" . means It shail fttrt her' be the duty of· each employer t he loss of either one foot, one leg, one hand, heretofor~ 1nen.t ioned -to notify the s tat e treas- one ai·n1 , 011e··eye, .or .t lie sight"'of one eye, one • urer -in .the !evei-i t ti-I.at he has ceased to 'eirtplo'y or 'niore1 fin gers·,. one or more toes, and dislocaworl.i.inen i1'l ·occupation·s'. of a n extra-hazardous ti on , w here• the liga1n.erits . are ,severed; or any • nat:ure<as -de-fitted b)r"thi s chii.pter, A:.ny fa ilu re • other injury know n· to surgery to be permanent of any such · eriiployer to fil e ,'v ith said stat e I partiali disability. For' any permanent partial treasurer a copy · of' h is payroll as herein •pro- '. dis ab.i lity'. herei'nafte'r specifically .described, re- -" vided, s hall 1be!a.111isdemeanor, an d any wilfully ,, sulting fvom ah.finj.iiry," the workman. shall re- • fa lse statement in any affidavi t 1'n ad e as herein ceive ltimp .stimias ,follows : .• prov id ed _. shall li kew ise const ittite 'a misd'e-· ·F or th e.lOS"s 6'£.a ,thumb \i:-:.'. :.......... :.,.. :.. .' .. $ 337.50 , meah or, ani:I. ·any hiis<l ern eanor cori1ini_tted in i For t4eloss of-a first•finger .:..... .:... ,:....... • 300.00 violation of t his section shall be punishabl e• by . For.the kiss of a,secund ·finger ......... .;... . 225.00 a fin e of not .in ore th ai1 five hundred ·dollars ', For the foss,of a .third finger •.......... ,..... 225.00 ($500.00). [L.' '29, C:. 119,' '§ 1,·ame11ding' L. '27, - F01, the.loss of-a·fourth,£inger ,.!..·...'. .... ... 225.00 . c. °111 , §.3•; L·. '23; c."60, § 8;' C. S. '20, §4 332. - '· For, tlie' ,loss •of: a •palm Cmetacarpal: 1 ·' • • • : • ' ', ; • -bone) J,..[ ...:.. ,:... .;.:i::........J... .. ., . ... : ... : ... ,.. 900.00,: 124-119.- Inspectors-Failure to pay: assess- For. , the loss of ,a ·hand .:...'. ... .0•." ......... ... 1,500.00 ment~Penalty. The state treasurer is· author- For the'1oss .of, an arm• at ; or below ' ized. and , em120,v~1:ed, for tl~e pu~pose • of enelbow .:.... !, ..: .. , .: .. .... . :.: .... . ,i... :................. • 1,800.oo -forpng the ,prov1s10ns of this chapter, to ap- • For ·the loss ·of a'Ii ·ar-m above .elbow .... -2,000.00 ppi11~ t w.<Y i~s·p ectors, .the salaries and. ad:uaJ• For .a'. nky-l~sis ·:(total stiffness· of) or conai:i.d • necessary' ~ra'v eling expenses of such in- tractures ( due .to scars or injuries.) which·make · spector~ ,to · be paid out of the industrial.acci- the finger's mo-i-e than useless, the · same . dent, fund.: ·In·- case any employer eng;ag~d 'in amot:tnts apply ·t o· such finger· or fingers (not any_·1;.x tra-hazard·o us . business or , industry, as thumb ):as given above. . defined:·by this chapter,· shall fail· or refuse to • The. loss of a third or clistal phalange of the pc1,y, ,the ·as.sessment upon his current mon th ly thumb · shall be ·considered to be equal to the payroll, as •i s required by this chapter, he shall :· loss of one-half of such thumb; the loss of the be guilty of a mi:sdemeanor and .s~all be pun- •. more . than one~half of such · thumb shall be ished by a fine of, not more rthan fi,ve ·hu nd red considered to be equal" tb the loss of the whole dollars ($-SQ0.00), and in addition to the said . thumb. • fine· it shall be the duty of th e attor.ney, gener~l · The loss of a third or distal phalange of any of this state · to immediately bring s uit in · th finger shall be coi1sidered to be equal to the name of the state for the benefit of th e ind u.s- loss of two-thirds of such finger. trial acciden't fund ·against SUCh empl.o yer; for The loss of more than the middle and distal the collection of - such assessment, , <1,qd if a ·~dgment for the recovery of. said assesslilent plialanges of any finger shall be considered to J f h cl be ' equal to the loss of ~he. whole finger; probe giv~n in fav~r of th.e ' stat~. or.,t e •Use a~ vided, however, that ·111 no case shall the nd benefit of .th~ md.ustrial ac_c_ident • fu ; sai d amount received for more than one finger exj tJdgmegt shall be for doup!e th ~. amount of ceed the amount in this schedule for the loss the payroll asses~,n~n t prov1de9- 111 § 124-117-,. of a hand. tog:ether with costs. [L. '27; c. 111, § 4, amend- . "?0000 0 § 9 C S '20 § 4333 For the loss of a great toe ........ ...... .... ......!j,~ • ing L. ' 23, c. 6 ' _; • • ' • • For the loss of one of the toes other 124-120. Compensation sch~dule. · Ea.c hemthan great toe ·...... ... ...... .......... .. .. ........ ..... 150.00 ploye, who shall be injur~d in anr of th_e extraThe loss of more than two-thirds of any toe hazardous empl oym ents as here1!1 .defmed, or shall be considered eqtial to the loss of the the dependent family of any such mJured work- whole toe . . a e �124-120 • WORKi\IEN'S COMPENSATION . 2008 The loss of less than two-thirds of any toe shall have. power_at any tim_e during said pers\1all he considered eql.lal to the loss of one-half iod, upon application a·11d hearing, with notice to the employer, and a showing of the necessity of the toe. For the l~ss of a foot .. ...... ... ........... .... .. $1,200.00 therefor, to order a ll or any ·part- of th e unpaid For the loss of a leg below the knee . 1,500.00 I balance of.the c1waxd to .be µa.i.d to tb.e injtlred For tlie loss of a leg a.hove the knee 1,800.00 workman as a ltlmp S,t\1)1; provided, tha.t i( the w0,.1,' kman sh<1-Ll die leaving an t\npaid balance F _o r the loss · of a,n eye or the sight thereof .. .. .. ...... ....... .... .... .. .. .. .. .. .. ...... 1,800.00 of the awa\·d, then-such ttnpai.d balance shall be For any other injury known to surgery to returned to the ind_ust_rial accident fund and b e be permanent partial disability, the workmar credited.: to the employe1''s ba.lan C:e. If th.e shall receive a sum in the amount proportional \vm:kman stiffering such perman.ent t otal d is~ to the extent of such permanent partial dis- ability have a boy or boys. 1n1der six teen ( 16) ability based as near as may be upon the fore- years of age, o.r g irls: m~.cler- eight.ee1J (18) years going schedule, but in every such case the of age, the gua_rc;lia1J of sµch child or childrei1, amount allowed for the injury shall be paid in appointed as herei.na_fte_r provided, shall r eceive monthlv installments at the rate of fifty dol- for the use and bene(it of sai.d child or children, la~s ($50.00) per month_i£ the workman be un- a ltJmp SttJn of one_ hundred and twenty dollars married at the time of the injury, and at the ($120.00) per y-ear for ea.ch boy under sixteen rate of sixty dollars ($60.00) p.er month if the (16) ye_ai:s unti1 the tiine whe1i each of said workman has a wife with whom he is living at boys shall become sixteen (16) y ears of age, the time of the injury; provided, however, that and· a lump sum of one hun,d red and t wenty the court making such award shall retain juris- dol'lars ($120.00) per year for each g ir l u nder diction of the same until said award shall l1ave eightee~1 G18) y e<!rs of age_ ~ntil the t ime w hen been fully paid, w~th power to modify or each of said girls shall be.come eighteen ( 18) change the amount of the a.,ward to conform years of age; proYided., . th_a.t the aggregate to any change in the condition of the injured lump paid to said gua_rdia,n sha.11 in no case ex,vorkman, and shall- have power at any time cee_d· four tl~ousand doll.a,rs ($4,000.00) , and any during said period, upon application and hear- and all av,i: ards mad~ on account of any s uch ing, with notice to the employer, and a show- child or children, shall be disbursed under a ing of the necessity therefor, to order all or any proper guardianship to be creat~d by the court part of the unpaid balance of the a.vard- to be or judge making such award. paid to the injured workman as a lump sum. • (c) "Temporary total disability" means an (b) "Permanent total disability" means the injury which, though it may result or does reloss_of both legs or both ai:ms, total loss of su-lt in a permanent total or, partial disability, eyesight, paral):sis or other conditions perma- temporarily i_ncapacitates the - injured person nently incapacita_ting the workman from per- fr01:1 pcrformm_g any ,vork at any gainful occuforming any work at any gainful occupation. pation for the time, but from which injury such \Vhere there has been a previous disability, as person may recover by medical or, surgical the loss of one eye, or the_ sight thereof, one treatment and- be able to resume work. In hand, one foot, or any other previous perma- st1ch case, if the workman be unmarried at the nen_t d~sability, tl,e pe_rcen(age of disability for t!me of the injury, he shall receive the sum of a subsequent injury shall he determined by fifty do_llar~ _($50 ..00) per. month-, so· long as ·the deducting ther~fi:om the percentage of the to_tal d_1sab1ltty shall- continue, I£. he have- a previous disability, as it existed at the time of ~n_fe with whom he is living ·at the, time of the · the subsequent injury. \Vhen permanent total 111 Jury, he shall receive sixty dollars ($60.00) disability results from the injury the workman per month, and if he have-0oys under sixteen sl1all receive the sum of four thousand dollars ($4,000.00), hut in every such case the amount (16) years of age or girls under •e ighteen (18)' allowed for the injury shall be paid in monthly years of age, or both he shall receive for eachinstallments at the rate of fifty: dollars ($50,00) rven and. one-half dollars• ($7 SO) per month, • per month if the workman be unmarried-at the )Ut th~ total monthly. payments shall not extime of the injury, and at the rate of sixty dol- ceed nmety dbllars (~90,00) · per. month. · No lars ($60.00) per month· if the workman has comp~nsation,, except t>he- expense of' medical • attention , sh a11 be a 11 owed for the first seven a wife \\·ith \\·horn he is liYing at the time of (7) I the injury; provided, however, that the court t , . cays of d"1sa b'l" 1 1ty, unle_ ss the in~apacity e:x:nd s beyond th e • d of- twenty-one . making such award shall retain jurisdiction of Cl . . e peno (21-) ays, 111 which th • • the same until said awards shall have been f h . case e compensation shall run rom t e time· 0 £ th •• fully paid, with pow.er to modify or change the . . so . • I e lllJUry. As ·soon co~ery is • • as re• amount of-the award to conform to any chang of-the . k comp ete thqt the earning power in the condition of the injured workman, an~ . the pa\\·or man a, t any k'md of work• is restored , Yments shall. cease, but in n~ case shall 2009 W QRI<:.M:-:t<.: N'S COMPENSATION 124-120 ~he t otal pay ments .mad e in such cases ex.ceed • per month; pt ovided,. lio.w ever, that the court the aggreg<1-te th e lum p s urn amount herein mak!ng su~h awar?:m.ay· upon. application and specified to be pai d a~1 injured workman for in- hca ru_1g, with not1.ce ·to the· employer and a jur-ies . ca us ing_ · p.erma11e;Jt tQtal disability . sbo,w1'i,1g of- the netess.ity tb.erefot, order all or 'vVh en t he wo rkman h as n,on-resid ent alien a ny J?a.rt of the:unpajd 15alance of the award to children he sha ll receive only · one-third of th.e be_pai cl.i to the s_urvi-villg spouse as a lump sum. s11m ;;tbove fo,ed for boys un de r s ixteen (1 6) If the_ survi ving,1 spouse shall re-marry before yea rs of age and g irls und er eig hteen (18) all of ssi~d ,w,,ard- has been paid, then he or she years of ag e. shall qnl-y ,be entitled. to receive the sum of two _, (cl ) In all ca es of teu1porary total di sabi]- , hundred_ and · seventy dollars ($270.00) out of 1ty, perm a)~_e_n t p_,;1.rtial cl.isability and perma nent t he unpaid -balance of sa.id award, and further total dLsab1lt ty, th e expen.se of medical atten- pay ment shall cease, a,~1d any balance- of the tion and of care in hospital of the injured awaFd ~l1a:J t ,revert to the dependent children, \VO r_km ;;i._n• ?ha U be_ pa id fro.IU date of said in~ if ~ny tj1 e:n : be; ~n.d if there be no dependent j ury, the ex pense of m edical t(eatm ent not t o cb1ldren tb e,u.fipa1d balance of such award shall ~x<;ce,d on e hu ndred a.nd fifty dollars ($150.00) . re.tun;r -to. _th.e g eneral-Jund and the same shall 111 any ca.$<.; and th e exp.ense of care in hospital be cr,edited-. ~o the employer's balance; if the not to exceed one hund,ect and fifty dollar s St\Fviving; spouse- shall die before all of said ($150.00) in a ny ca~e, unless und er g en eral ar- , award has been paid, the11 the unpaid balance rangen,1ent the -workman -is entitled to medical shall r ever.t . to the- de:pendent children, if any; a tte1~tion and care in h.ospital, or the em ployer if- no dt;pende;d children, then such balance f~1rn1 sh~s a_d eq.ua te a nd proper medical q.tten- · shall._revert to _the- g,en.e ral fund and be credited t 1011. a.ncl hosp ital faciliti es t o his emplo3~es ; t o the employei_-!s_ halal)ce; provided, in any p rovided, however, th at· no bill or fee for medi - case, ,~her.e~·the suryiving. spouse shall recal attention or care in hosp ital shall be al- m~rry _Oli die, before aill of the award has been lowed or pai d w it!:i.out notice to the employer paid, tµe remaining_,balance- shall be paid . to and. a h.earing if reques ted by said employer. the s1p:viving dependent children in the followThe· state treasurer shall have the power to es- ing 111anner ; !n , ascertainiqg the amount to. tablish a schedule fix ing the fees for which all be · paid to each su1:v~ving child in the case of medical, surg ical, hospital or other legaliz.ed male- children, the age o~ such male child shall forms of treatment rendered to employes u11der be figu_red from the tjme of the death or rethis section shall be compensated. Each phy- I1ila~riage of su_c h survhdng spouse until such sician or surgeon attending a workman injured male child attains the age of sixteen (16) while engaged in extra-hazardous occupation ye~rs and in the case of female children, the shall file with the clerk of the court of the time shall, be figured from the time of the death county within which such injury occured a-nd • or re-marriage- of st~ch surviving spouse• until with the state treasurer, under rules to be pre- such female child attains the age of eighteen scr.ibed by the- state treasurer, a full and com- (1~) years, and the unpaid balance of such plete report fully describing the nature of the award shall ·be divided in each instance by the injuries to such workman-; prn~ ided, that such number of mon.ths between such periods of report shall not be required unless the dfo- time. In case of the death of any of such surabilty resulting from such i_n jury lasts through viving children, the portion of such award the day or the injury re.quires medical servi'ces made payable to such child by the terms hereother than the ordinary first aid treatment.. of shall be divided among the surviving chilJ\.ny physic_ian 0r surgeon failing t.o file any re- dren pro rata; provided, forth er, t4at if all of port as herein provided shall be J?Unished by the surviving children should die before the a fine of_not more than fifty dollars ($50.00) : unpaid balance of the award is entirely dis\.\There death results •_f rom a.n inj_ury: the ex- turbed, then the remaining undistributed ~ pense of burial shall be -paid ' not t0 exceed bon of such,. award shall revert to the general one h_undred and fifty dollars ($150:00} in any fund and be credited to the employer's balance; case, unless other arrangements exist between , pro:vi.clecl, forth.er, that if. it be shown that the surviving spouse wilfully deserted deceased employer and employe under agreement; (1) But if the workman leaves a widow or wi.t hout fault upon the part of the deceased, invalid widower, to whom he or she has been su.c h surviving spouse shall not be regarded as regularly married by a marriage duly solemn- a dependent in any degree, but in such case the ized by a legal ceremony, such survivii1g right of boys under sixteen (16) years of age spouse shall receive the sum of two thousand and girls under eighteen (18) years of age to dollars ($2,000.00), but in every such case the compensation shall not be defeated. If said said award shall be paid in monthly install- workman leaYes a surviving boy or boys under ments at the rate of forty-five dollars ($45.00) sixteen (16) years of age or girl or girls under 111 1 �124-120 WORKMEN'S COMPENSATION,' 2010 eighteen (18) years of . age the guar<l_ian of · to .have resulted from fiis '-injuries, t he w idow such child or children appointed as heremaft~r of said workman shall ·be entitled to a n award provided, shall receive for the ·use and benefit because of the death of the workm a n as h erein of said child or children, a lump sum of one prodded, but the amount· of the pay m ents rehundred and twenty· dollars ($120.00) per year ceived by· the , injured ,vorkman in ex cess of for each surviving boy under sixteen (16) years two thousand doll_ars ($2,000.00) prio r t o hi s of age until the time when each of said surviv- death shall · be deducted ' froin the amoun t of ing boys shall become sixteen (16) years of her award. (5) If the workman leaves no wid ow, or age, and a lump •sum of one hundred and twenty dollars ($120.00) per year for each sur- widower, , or boy under the age of s ixteen (16) of, eig hteen (18) Yiving girl under eighteen (18) years of age years, or girl under 'the until the time when each of said surviving girls years, but leaves a parent or parents survivshall become eighteen (18) years of age; pro- ing, such surviving parent or parents, if liv ing vided, that the aggregate lump sum paid to in the United States, shall receive a lu mp sum said guardian shall in no case ·exceed three of fifteen hundred -dollars ($1 ,500.00); prothousand, six hundred dollars ($3,600.00). In vided, a parent or pa-ren'ts, -who are depe ndents all cases where an order of compensation is and who are non~resident aliens, shall r eceive · made on account of boys under sixteen (16) a lump sum of one-third of fifte en hun dr ed dolyears of age, or girls under eighteen (18) lars ($1,500.00) . f L. '31 , c. 94, § 4, amending years of age, or both, or to persons incom- L. '29, c: 48, § 1; L. '29, c. 64, § 1; L. '27, C. 111 , petent, said fund shall be disbursed under a § 5; L.. '25, c. 124, § 4 ; L. '23, c. 60, §s 10, 11; proper guardianship to be created by the court L. '21, c. 138, §§ 5, 6, 7; C. S. '20, § 4334. or judge making such an order. Under sub-division b hereof, policy to all o\\' more (2) If the injured workman die during the for children of a disabled than for those of a deceased period of temporary total disability and after workman . held, a question for th e leg islature. In re receiving compensation therefor, as herein pro- Brennan, 29 vVyo. 116, 210 P. 939. Award for "permanent total disability" mad e o nly vided, and his death be shown to have re- in clear case. Standard Oil Co. of Indian a v. Sullivan, sulted from such irijuries, the widow and the 33 Wyo. 223, 237 P. 253. • guardian of the \\'Orkman's boys under (16) Evidence showing employe's loss of fing er s on both years of age and girls under eighteen (18) hands, held, to justify award for permanent total · disSakamoto v. Kemmerer Coal ·co., 36 \ \Tyo. ye?-rs of age shall be entitled to an award be- ability. 325, 255 P. 356. cause of the death of the workman as herein Sum paid for temporary total disability should bt; proYided, but the total amount of payments in deducted from total permanent disability award. Id. excess of t\\·o thousand, four hundred dollars . Employe he!~, entitled to payment of compensation ($2,400.00) received by the injured workman 111 manner provided by statute in effect at time of in- . during such disability and prior to his death jury. In re Hibler, 37 Wyo. 332, 261 P. 648 . . Generally speaking the legislature did not intend shall be proportionately deducted from the d?~ble comp~nsation to injured employes, under proamounts herein provided to be paid to the sur- ;1s1ons of tlus section. :Marsh v. Aljoe, 41 Wyo. 220, viving widow and the guardian of the work- -84 P. 260; annotated also under § 124-137. man's boys under sixteen (16) years of aoe . 124-121. Additional compensation for dis- · and girls under eighteen (18) years of age. " (3) If any workman die within one year fig_u_rement. In all cases of temporary total disfrom the date of receiving an award for perma- ability or permanent partial disability where · nent partial disability and his death be shown the ·w orkman shall suffer permanent disfigureto have resulted from the injuries for which the ment to the face or head of a nature so great award \\·as granted, the "·idow and the guard- as to _affect the workman's earning capacity in ian of the workman's boys under sixteen (16) se~um~g employment, the workman shall reyears of age, and girls under eighteen (18) C~IVe, 111 proportion to the extent of such . disyears of age shall be entitled to an award be- ftgure!nent, a lump sum in addition, not to excause of the death of the workman as herein ceed five hu!ldred dollars ($500.00). The court provided, but the amount of the payments re- shall take mto consideration in making ' the_ cei\·ed by the injured workman prior to his ~ward any former disfigurement to the face or ead of such workman. [ L. . '29, •c. 64, § 2. • death shall be proportionately deducted from the amounts herein provided to he paid to the 12~- 122• Compensation for hernia. A ·work- · sun·i,·ing widow and the guardian of the workman • • f or h .m order to b e en t"1t1ed to compensat10n man's boys under sixteen (16) years of age and ern1a must clearly prove: girls under eighteen (18) years of age. 1. TThat the hernia is of re~ent ori!rin • ( 4) If any wor_k man die within two years O 2 hat • ' from the date of receiving an a·w ard for per- pai • d .its appearance was accompa111ed by manent total disability and his death be shown of ~• an discoloration and evidence of tearing issues were present; • . . age 2011 WORKMEN'S G:0M-PENSATION-- 3. Th~t it w as · im111ediately preceded '.,by some ·acci dental strain suffered' in the course o f the employment ; , , . 4. ·T hat it did not exist prior to the ·date ·of, the all eged inj ury. ; "' If ~ workm an, after establi shing his ri o-ht to· com pensati on · for hernia as above pro~ride<l,: elects not to be opera ted upon, and the hernia be~ome strangulated in the future, th e r esults from uch strang ulat ion will not be compenated. [L. '29, c. 110, § 1. . -' . 124-128 the.1same -as· any . other: properties of minors. [L. r15,..c.. 124, § 22.; C.-.S. '20, § 4337. ; • -~ •I ' ' ;,, • ;:- .. • . • ., : +,?4-~?.6,; , ~.x.tr,a-hazard_ous ,public workC9I)tr~ct ·w.9_rk .. -,Whene;ver the state, county or a ny municipal -_!:orporation ~hall .engage in any cxtra-haz!1rdous work in which wor1..-rnen are en:i ploy~d f9r_,w ages,_this chapter shall be appl icable ,th~reto. ,The employer's payment_s into. ~h ~ jn~hts~i;-iai accident fu_nd shall be made fr om. th,e, treasu,ry; ; of the state,. county- or municipali,ty,. It saiµ. work is .being done by con124-123. Forfeiture by injured employe-- t rac~ the payroll .9£. the con tractor and the subPaymen~s w ithheld. If. any injured employe con tractor •SPq)l be .the qasis of computation hall pe rsist in un sanitary or injurious practice, and in tjie f.Ca?e. of contract work consuming which t e1ids to -imperil or retard his recovery, , less .t.han ipne, year _in .performance the required or if he sh all refuse to submit to such medical • )?ay nwp \ iptp .t)1e a,.cci:dent fund_shall be subject or surgical treatm ent, as is r easonably . essen- t o the. p1io;yi~ipns of . this chapter and the state ti al to prqmote his recovery, he shall ·forfeit for ..its; gem;ral fond, the county or municipal all •right to compensa ti on under this chapter ;. corpQrfition ,s]:iµ.U: b<'t. en.titled ·to collect from the and wher e an in jured employe is under care; COJ:1itrcJ..c;tor ; th<r: f4l_l amoun_t payable to the inand t reatment of a phys ician, he shall not be d ustrjal cJ.~i:,ic;l~~1t.) und-, and the contractor, in perm itted t o personally receive or ,use _a ny t;u_q)" ~h'1-H R!'! •,entiil~d t.o c,ollect from the subcompensation payments allowed him 1=1nder c011tra~~Q>r ,.4is: pi:oportionate amount of paythi s chapter, excep t upoi1 the order of such· ffl ~f!t ; .-! h,e,p.rpvisi,ons ,of this section shall apply phy sician, but such payments shall be with~ t_o '_ a)! .. e?Ctra-hcJ.za_rdous wqrk i done by con ~ract, helcf and delivered to such injured .workman except that in private work the contractor shall upon hi s recovery or di scharge by such phy -· be responsjble, _primarily and directly, to the· sician. · [L. ' 15, c . .124, § 20; C. S: '20, § 4335. •. industhal '. accic;I~'n t ;f onq for the proper perModifica.tion of instruction as to effect of 'irijuric.ius - ceqtage .of:,the -total payroll .of the work and practices retarding recovery of injured employe-, held'.' for the amounts due it, and the owner of the not improper. In re Hibler, 37 W yo. 332,261 P. 648.-'• pr_operty; <).ffected .by ·the contract shall -be· sm eEmployer had burden of proof that employe ,per~y .. for such I paym!'!nts. Whenever, and so sisted in · injurious practices retarding i;ecovery. . Id, . loµg_as \i.i]'d er tqe, state law, city charter or muTo " persist" in injurious practices retarding injured e111ploye' s ,recovery means to continue against opposi- nicipal ordinance, provision is made for mu· 1~ic~paj en~~.~oy~'s ipjured in the course .of em-. tion or ' remonstrance. Id. ' ploym c:;nt, SU\:11 employe shall not be entitled .. 124-124. Exemption from execution -·or ,at-. t9 th.~1 benefits of this chapter and shall not be tachment. No money paid or payable under included in th,e . payroll ·of the municipality this chapter out of .the industrial accident fund tinder this· chapter. • [L. 'l?, c. 124, § 23; C. S. shall, prior to issuarice and delive~y of tI-i~ war- '20, § 4338. • •• rant · therefor, be capable of bemg assigned, · Cited in-'Leslie v." City of Casper, 42 ·Wyo. 44, 288 P. charged nor ever be taken in execution _or gar-. 15, annotated under § 124-102. . • . . nisheed. • Any such. assignment, ·attachment, garnishment or charge shall be void. [L. 131 •• _-: fa4~12i. Safety devices. Nothing in this c. 73, § 61, :amending L. '15, c. 124,· § 21 :;- :C. S., cha.I?ter contained shall repeal any existing law pro,'. idjng for the installation or maintenance '20, § 4336. • • • •Cited in La ·Chappelfe v. 'CTnion Pacific · Coal _Co., of any_de.vice,,me<1;ns or method for the prevention of_accidents in extra-hazardous work or 29 VVro. 449, 214 P. 5~7. f~r a penalty or punishment for failure to in124-125. • Minor workman. . J\. min~f' work- stall . or maintain any _such protective device, ing at an age legally permitted u_n~ler_. the laws mea·ns ·or methoci. [L. '15, c. 124, § 24; C. S. of this state shall be deemed ,sµ1 Juns _foi;- the '20; ·§ 4339. purpose of this , chapter and no ~ther person ; 124-128, Unl<\wful to receive more than 5% shall have any cause -of <\Ctiop o: J."Jght tq com· pensation for injury to s~ch t"?mor_ workman, of compeni;ation for services rendered. It shall except as expressly provided m this chapter; be unlawful , for any person or any number of but in the event of a lump sum payment be- persons acting together .or separately or in any coming due under this chapter to such. minor way, including attorneys, agents, interpreters, workman, the management of same shall .be and all other persons, to rcceiYe or agree to rewithin the probate jurisdiction of the courts, ceive either directly or inJirectl); from any 1 •• �124-129 WORKMEN'S COiVIPENSATION beneficiary or beneficiaries under this chapter, for services rendered or to ·be rendered, either jointly or separately, in relation to procuring any benefit or benefits under this chapter, any sum or sums aggregati.ng more than five per centum of the whole amount received or to be received by such beneficiary or beneficiaries, ori account of injuries to any emplove, and in no event to exceed fifty dollars ($50.60). Every person violating or concerned in the violation of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not l'ess than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), to which may be added imprisonment in the county jail for a term not exceeding ninety days. It shall be the duty of the county and prosecuting attorney of the county in ·which any injury occurs to give all necessary legal advice to any injured workman, or his· dependents, who may seek advice in making and filing claims for compensation, and to prepare all statements of claim or ·other papers necessary or advisable to be filed by such \Yorkman or dependents, free of all charges and costs: [L. '21, c. 138, § 8, amending C. S. '20, § 4340. paid out on account bf injuries, or d eath resulting from injuries iii sudi employ ments · and any other information relating t o the ope;·ation or ad1uinistra_tiou ~f th.is chapt er th at may be of interest; and to make a full 1'eport th e1;eoJ, toget.her wth· such recommendati ons as he may deem proper for changes or am enqm ~nts herein, anc;I to publish a -full ,i;eport th ereof, t o the governor, 01:i or_b~(ore -~he 31 st day of Deeember in each ,y ear. lL. '15, c. 124, § 28·; L.. '17; C. 69, § 7; C. S. '20, § 4343._ . 124-132; Examinatlon_. by state treasµrer. The state treasurer may, at any t ime on twenty-four hours' notice· (unless · such notjce is waived· by the employer), either. in perso n or through -any authoi.-ized inspector,, agent or deputy, examiile -the books, accounts or pay rolts of any emplpyer at any tim e fo r t he purpose of seeui:ing any information de~ ired in t he administration of thi s chapter. [L. '27, c. 111, . § 6, amending _C. S. '20, § 4:J44. 124-13.3. Disabled workman examined by employer's physician-Recovery repor:ted to court. Any workman awarded compensatio n for temporary total disability under this chap~cr, as defined b); clause (c) of§ 124-120 shall, Citccl in Zancanelli v. Central Coal & Coke Co., 25 1£. therea.fter requested by his employer, submit \Vyo. 511, 173 P. 981,· annotated uncler § 124-113. Cited as to attorney's fees in In re Hibler, 37 Wyo. !~1111.self for medical examination by a. phys ician 332, 261 P. 648. licensed to practice medicine ~n this state, at a 124-129. Physicians required to testify. Any place designated by the employer and which physician having attended an employe in a pro- shall be reasonably convenient for the workfessional capacity may be required to testify man , and said workman may have a licensed before any court or judge when so directed, in physician present of his ow11 selection. The cases coming within the provisions of this purpose of such examination shall be to deterchapter, and the law of privileged communica- mine whether the workman has recovered so tion between physician and patient, as fixed by that his earning power at any kind of work is statute shall not apply in such cases. [L. '15, restored. If it be agreed that the workman has r<;covered so ~hat his earning power at any c. 124, §· 26; C. S. '20, § 4341. kmd of work 1s restored, the fact shall be re124-130. False statement by employe. Any port~d by the employer and said physician to employe or \Yorkman who shall make or cause the Judge of the district court who made the to be made on his behalf any misrepresentation award in the first instance, or if there be a disor false st<1;tement for ~he purpose of receiving p~ite as to the recovery · of the workman and compensatlon under this chapter to which he is ~is r<;stoi:ation to earning power, it shall be. not lawfully entitled shall be guilty of a mis- ltkew1se re_port_ed to said judge, by filing a demeanor, and shall on conYiction, be fined not st atement m either case in the office of -the ~ore_than three ·hundred dollars ($300.00), or clerk of the district court of the ~aunty ·where imprisoned for not more than ninety (90) award ":as ma?e, and the IT).atter shall be days. [ L. '15, c. 124, § 27; C. S. '20, § 4342. d posed of 111 such manner as said jt1dge ·may _eedm proper under- the facts . · If said judge 124-131. Annual report by state treasurer · f 111 • h as •recovered and has It shall be the duty of the state treasurer t~ 6 that said wor1cman secu:e and ~ompile statistical information con- c:: ;e st0:e<l to his e·a rnirtg · power and that • • P nsab~n should be- discontinued his decernmg accidents occurring in the extra-hazc1s1on and Judgm t 111 • th • • ' ardous employments defined by this chapter cerffi en e premises shall be 11 d th showii?g tl~e number of ~ccidents or fatalitie~ and ~ e stat~ auditor_and state treasurer _ occurrmg _m . each of said employments, the fi s a _e aut~onty and direction to said ofto d1scont ~mount pa1~ 111 by each_ employer coming with- Ifcers th k • mue compensation payments. e • 111 the prov1sons of this chapter; the amount to suchwor man . ' in . sue h case, -refuse to submit exammation or obstructs the same, bis ~1: i{l '2013 WGRKM E N'S CG>IvIPENSA~'ION 124-137 ri ght to m onthly paym ents shall be suspend ed of sha:ll be in' accordance with the 'justice of the until s tfch exam ination has taken place, and no •matter, d~1e ·regard befog .h ad .to obligations of compensa tion shall ,bc payable during or '.for ac- :cornpensation ,incurred and existing. IL. '21, co unt of s uc h period of refusaf. • [L. ' 15, c. 124, ·c. :76, § 1, a:mendi_n:g ·C., S. "!20, ,§ 4347. i § 30; C. S. ~20; § 43:45. . • •. ·, • • •a.24-=136. Ac;tions against ••employer inde'1 24-134. Emplo.yes' stateinet_1ts of depend- pendent rof •ch_a pter. Nothing in this chapter ent p ersons . • A ll employ es or workmen coniin g .shall ,be ;cpnst11ued ~to limit or ,affect ,any right " ·ithin 't he prov isions of this chaptei:' ·shall · be or action by an employe .against an em_p loyer requi red, upon entering service in any of t he for i1!juries received while in .the employ of extra-hazarclqu employments herein defined, sud 1.employer when such employer at the time to make an'd "ign a wr it ten st atement setti ng of ·such <injur.ies :is not contributing to the inforth t he riames of_t he persons dependent u pon 'qustrtal ac'cidei:it fort.cl as pro,vi<led in this chapthem fo r support or ·constih1fing membei;s 01 _ter .. '[L' '23., c. 6q, § 13. t heir dependent fami lies, in each case g iv ing the names and ages ot their boys und er th e age • 124-1.37., Re-openin_g .of cases. The state of sixteen (16) years and gi 1;ls un der 1the age :o'f treasurer: sha!H1ave the sright to cause any case ejg'h teen (t8). yea rs. '[,L. '23, c. 00, § 12, am end- -t o 6e' i:e-o'pet1.ed •in which an order of ·award •has 1)een mac'!e, ;pr.6:vid~d .he sha11 cause a petition ing C. S. '20, § 4346. : for the ·:re-opening of 11:he case ,to be filed with 124-135. Assignment of rights and benefits. t he court •{.,h'ich ·gr'an:ted the awa;rd, within All ·pay !nents :made into ,t he industrial :a;coident :thirty;_ days .after the elate .on· which the order fun d by any and ever y employer under , the 1of aw·a rd. was received ·in the state treasurer's prov,isions of t hi s chapt er shall be taken as office. Such ·.petition: ·mtist . show probable paid and recei.vecl in .con sideration of ,the ,incl ~mnity .to such ·e mpl oyer by reason of . his .cause tbat .error ~ras .made. in the amount of the contribu ting to the industrial accidenrt: .fund, award, or .th:e i~ha~acter of ,the award, .or the .and -in •consideration of the payments .~ade by gr.oi,nds on whi\:,l} .~h~ a.ward was made, and the state -t o .such fm~d; provided, that ,yhen maf s_pec'iJy ~s a \ eason•.for're:opening .the ca.se any emplo.yer . engaged in an 1extra~hazardo1;1s exi.s tii1g e;vjderice.'not ,gi:v.eri ii1 the original- hearoccupation .as defined in this .cha-pte_r,--has_.here- ·-ing, sho"Jjrig .the .general nat_u re iu1d effect ·of ;tofore sold and conv:ey.ecl; or shall l).e1:eafter sell .SH ch. e:v.iclence. On .the .lilin.g of .su~h a ·petition ,and c01nr.erhis .or ,its -prqperty ,t o 1a pur,c_h aser rand .on the court finding _that ,pr,obable cause is who continues to coi1duct .and --carry- on said •sltown thereby, .,the 00t1rt ·shall i;ta,y the award, 0 husines~_-at- the same place, the seller shall: be and tqron 1:1easomi.ble notice :to· a:ll parties reentitled tortransfer and .assign to .the purchaser :b·pen ·the··ca·se-ai1tl ·set the :same .for hearing de all rights, . benefits, pi:ivileges. and immuniti~s ·novo. • The ·state tr-easi.1rer may take such part ,accruing to · such -em;ployer py rvfrtue of .any •in the ·n e,v hea:ring as· he~may deem advisable sum then ·o_n ,deposit to his or its .c redit jn :t!ie and shall _h ave·:ev~ry 1right ancl privilege of a fo<iustr,i~l ·accident fund in- ~he .state 1weasui;y ,party ·to 'the ·cause. He shall 'have· the right of under the ;provisions of ,t his chapte,i; ,; .and :ttJlO~ filing. suc}:l :assignment wjth th.estate tre_asur.er;, appeal fo the· supreme court from any order in the 1)Urchaser &hall. succeed , to .all sai_d ;rights, such neV\, hearing, either granting an award or ·benefit!,, privileges and immunities ·of said em- ref.~si~g to gr-ant an -award. He shall also iiave ployei:.: Said. pur:c,h~sei: ~hall be 1sqqj.e ct ,to ,ob- }· ,right Q.f appeal from an ord~r refu~ir:Jg to ligations of co~npens.afron ~gainst ,th',! seller i1.1.,- re-open a case. curred and existing at the date of such assignIn _a ddition, and without the n·ecessity of prement; . ·provided; that n'o .part" :oI. any'·tn'o neys· sent:.i ng any -p·etition for 1:he re-opening ·of a so .paid in ·by .any. empfoy.e i .shroll 'ev:er- ;be re- case to the trial court; the state treasurer sball fonded . to him •either during -fhe time w.hen, h:e have 'the right to appeal ' to the stipreme court tontinu·es-in b~siness as such employer., ota'.fter from .any order or judgment in .any district he ceases such business; · proviaecl, that ·.every co_urt of the state awarding compensation or employer, operating -~nder ~he: ,provi~iorrs ~ declining to -award compensation, although he this chapter•shall. pay mto said mdustnal ,acci- was not a party to the proceedings in such disdent fund the smn of at least five :th0usand d0lla-rs ($'5,000.00)'; and provided, further, if i:~is trict eour.t. Upon :the perfecting of any appeal chapter shall be hereafter rep~~led O:· hel~ :1.n- --i nstituted by the· state treasurer the court alYallid, the moneys which ar~ m _, the 111:clustr:ial lowing tihe appeal shall issue an order staying fund at the time shall be d1stnbuted. as may the execution· of -the order or judgment apbe provided by the legislature, and in ·default pealed irom without requiring any bond. The of ·such legislative pro\'ision, distribution there- a'ttorney genera:!, or his deputy or assist.lnt. I ,• •J - • I , : �12➔-138 WOR K?lfEN.'S CO MPENSA TrON 2014 shall act as :the attorney of the state treasurer of' the injured workman, shall forfeit any· rein all cas.es. All costs of new hearings granted nnineration .o r award from the industrial acciupon the petition of the state treasurer, and all dent fund for. any services,· care or attention costs of appeals c.onducted by the state treas- reJ1dered to such : injured y/orkman or any faurer, shall be paid by the industrial accident cilities furnished to him ..-. [L. '25, c. 124, § 8 . . fund, except such costs as the· court in its dis_,... 124-140. Awards . .. ,Every a,vard within .the cretion shall _assess against any of the other parties to the cause. [L. '27, c. 111 , § 7, amend- me~!}ing .of:this chapter is.a judicial d eterminat.i on of _tqe rights o~ ,the employer, the ernp loye ing L,. '25, c. 12{ .§ 5._ • an_d ,the .in_dusti-ial .acci.dent fund as . to all matvVhere the duty ~f the 'a ttorney general to represent ters involved. • No aw<!,rd of compensat iqn or compensation claimant in supreme court, as part of his official duties; conflicts with his duties to act as at- allo}vance of ~ny expens_e or ..claim c;hargeab le tornev for state treasurer in all cases, the duty first against the ac·c ount of any employer contributmentioned must yield to right of state treasurer to ·ing to. th~: industrial accident fund sh a11 be such services. Marsh v. Aljoe, 41 \'II/yo. 119, 282 P. made , without notice to such employer and 1055. 1n action under workmen's compensation law, in hearing, unless such employer shall consen t , . which compensation was awarded, application of state ,thei:eto. [L. '25, c. 124, § 9 .. _, treasurer to reopen case on . ground , among others, of prior disability, should not be determined on ex parte affidavits, when based oi1 new evidence, since legislature contemplated that treasurer shoul)-J be given advantage of regular trial. Marsh v. Aljoe, 41 \Vyo. 220, 284 P. 260. _ This section authorizing state treasurer· to have case reopened must be construed in light of ·situation which was sought to be remedied .hereby. Id. On state treasurer's application, based on new evidence, to reopen case, court must reopen case, if the new evidence will have a material bearing. Id. 124-138. Bills to be itemized-Time of filing. All bills for medical attendance, expenses or disbursements, and for hospital services, shall be properly dated, itemized and verified bv the claimant, or the sanie shall be disall~wed by ·the court, and every doctor who shall attend an injured workman shall within ten (10) days after the first of the month succeeding that in· which he rendered services to the injured workman file with the clerk of the district court of the proper county, his itemized and verified hill for all services rendered by him and expense incurred in behalf of the injured workman during the previous month, and shall send a copy thereof to the state treasurer; and all claims for medical attendance or medical services not so filed within the time specified shall be disallowed by the court. [L. '25, C. 124, § 7. · An award of compensation to aw injured cm ploye is a final judgment, unless expressly r eser ving- jurisdiction to reopen case. lvf idwest Refinin g Co. \', Geqrge, 41 _Wyo. 55, 281 P . 1005. i24-14i. Deferred payment account. , ,V he1i e,>er an order of award shall specify t ha t t he award is to b_e paid in monthly paym ents, the state treasurer shall charge the amount t hereof against the account of the employer of the injured workman and shall transfer the am ount of said award from the general fund into a deferred payment account, which account shall thereafter be alone liable for the payment of ,the award. ~nterest earned by the deferred payment ac'count shall be paid into the o-eneral fµnd, _as well as all amounts repaid or r:turned to. said general _fund under the provisions o,f thts chapter, or by reason of modification of orders ·of a,yard. ,Vhepever a modification of an o.r der of _award -increases the· amount of the a{y~rd, the additional amo1,mt ·shall be charged agamst the employei;-'s account and transferred from the ~eneral fun~ into th~ deferied payment account, and 1vhenever a modification of an order of award _decreases the amount of the award, the amount of sucii decrease shall be transferred from the deferred payment accou_n t to the general fund and_credited to the account of the emp_loyer. L. '27, c: ~11, § R • • ; 1 124-139. Notification by doctor. Every 124-14~. • Bribery. Whoever corruptly gives, doctor who accepts the case of an injured or promises to ~ive pay, or imburse, or whoworkman, and every hospital which accepts the case of an injured workman, shall within ten . ev~r .offers to gtv~, pay or iinburse any court (10) days after accepting such case file a writ- officer•or employe, or any person employed or ten notice thereof with the clerk of the district :conc_er_ned under the laws .of this state in the court, and shall send a copy of such notice adm1111~tration of this chapter, either before or within said ten (10) days to the state treasurer after ·h1s election·, appointment or employment, and another copy within said p_eriod to the em- ty x_noney or: valuable thing or corruptly ofployer of the injured workman. Any doctor or er~ or _pro~ises to do any act'.beneficial to any to ~nfluence his action or ,to secure his hospital failing or refusing to file the notice _per~on st within the time designated with the clerk of the as~ hce Iti the admihistration of this chapter, court, or to send copies thereof within said ~~ . w o~~er, being a ' court officer or employe P_erson employed under the laws of this period to the sta~e treasurer and the employer st a e· tn .the administration of -, .thts , chapter, f 2015 W ORKMEN' S COMPENSATION ci ther before or after hi s election, qualification, appo int ment or employ ment, solicits or receives any such money or valuable thing to influ ence him or to secure hi s ass istance w ith res pect to his offi cial duty in any matter relat- 124-142 ing to the ad1!1inistration of this chapter, shall be deemed gmlty of felony and upon conviction thereof be imprisoned in the penitentiary not more than fourteen (14) years. [L. '25, c. 97, § 1. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource State of Wyoming Workmen's Compensation Laws Rights Information about rights held in and over the resource CC BY-NC-ND Subject The topic of the resource Laws for the Workmen's Compensation in the state of Wyoming, 1997 Description An account of the resource A 10.25" x 7.75" beige booklet with black text and handwriting on the upper left side of cover with minor creasing. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource The Union Pacific Coal Co. Identifier An unambiguous reference to the resource within a given context 1-0171 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. Contributor An entity responsible for making contributions to the resource G. B. Pryde Date Created Date of creation of the resource. 1997